AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, May 23, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamation in Recognition of June 2, 2023, as National Gun Violence Awareness Day
3.b. Proclamation Recognizing May 2023 As Mental Health Awareness Month
4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Chair may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
City Council/RSA Agenda 1 Tuesday, May 23, 2023
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With ROMA Collaborative, In The Amount Of $52,620, For The Design Review Of The Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14, For A Total Contract Amount Of $127,480
5.c. Adopt A Resolution Accepting $604,912 In Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding From The Metropolitan Transportation Commission, Increasing Revenue Projections In The Capital Projects Fund By $604,912, And Appropriating $604,912 To The Capital
Projects Fund For The Construction Of The Union City
Boulevard Bike Lanes Project, City Project No. 17-29
5.d. Adopt A Resolution Authorizing The Award Of A Construction Contract To Saviano Company, Inc., In The Amount Of
$411,340, For The Veterans Memorial Park Tennis And
Basketball Court Rehabilitation Project, City Project No. 22-22
5.e. Adopt a Resolution Approving Amendments to the Records Retention Schedule For the Economic and Community
Development Department
5.f. Adopt A Resolution Authorizing The Acceptance Of The Homeless Housing, Assistance And Prevention (HHAP) Grant, In The Amount of $122,203, From The State Of California, Homeless Coordinating And Financing Council (HCFC), To
Address Immediate Homeless Challenges To Provide East
County Safe Parking Operating Subsidies And Services, And Amending The Fiscal Year 2022-2023 HHAP Grant Fund
Budget
5.g. Adopt An Ordinance Of The City Council Of The City Of Union City Approving And Re-Adopting A Military Equipment Use City Council/RSA Agenda 2 Tuesday, May 23, 2023
Policy As Stated In Chapter 2.62, "Military Equipment Use Policy" Of The Union City Municipal Code In Compliance With Assembly Bill 481
5.h. Adopt A Resolution Authorizing The Acceptance Of A Private Donation To The Community And Recreation Services
Department, In The Amount Of $10,000
5.i. Adopt A Resolution Awarding A Contract With MV
Transportation, Inc., For The Operations And Maintenance Of Dumbarton Express Transbay Bus Service On Behalf Of The Dumbarton Bridge Regional Operations Consortium (DBROC) In A Full Contract Period Amount Not To Exceed
$17,676,575.87 Funded With Regional Measure 2 Voter
Approved Funds Administered By The Alameda-Contra Costa Transit District (AC Transit), Authorizing The City Manager To Execute The Contract In A Form Approved By The City
Attorney, And Assigning The Contract Administration To AC Transit For The Duration Of The Contract
5.j. Adopt A Resolution Approving An Amendment To The Software As A Service Agreement With Tyler Technologies, Inc., To Be The New Enterprise Finance System, For A One-Time
Implementation Cost Of $290,062.00, Bringing The Total
Contract Cost To $526,922.00, And Approving A Recurring Annual Service Cost For The Enterprise Finance System Of $118,708.00, And Authorizing The City Manager To Execute The Purchase Agreement
5.k. Adopt A Resolution Authorizing The City Manager To Execute And Annually RenewAn Agreement With Concern Health For
Employee Assistance Program (EAP) Services In A Form
Approved By the City Attorney
5.l. Adopt A Resolution Of The City Council Of Union City Amending The Previously Adopted Council Norms
5.m. Adopt A Resolution To Dissolve The Current Economic Development Advisory Team (EDAT) And Reconstitute EDAT
To Update Its Mission, Purpose And Membership
5.n. Adopt A Resolution Authorizing The Acceptance Of A California Automated Permit Processing (CalAPP) Program Grant, In The Amount Of $60,000, From The California Energy Commission, To Support The Deployment And Adoption Of The SolarAPP+ Platform, And Amending The FY 2022-2023 ECD Grants Fund Budget
5.o. Resolution for the Budget
6. PUBLIC HEARINGS
6.a. Public Hearing and Adopt Two Resolutions 1) Adopting an Addendum to the 2040 General Plan EIR, And 2) Amending the General Plan (AG-23-001) to Adopt the 2023-2031 Housing Element and Safety Element Update
City Council/RSA Agenda 3 Tuesday, May 23, 2023
7. CITY MANAGER REPORTS
7.a. Adopt A Resolution Authorizing The Commitment Of $3.0 Million From The 2014 Measure BB Transportation Expenditure Plan (TEP) Funds For The Union City Intermodal Station
Project To The San Joaquin Regional Rail Commission
(SJRRC) For The Environmental Clearance/Preliminary
Engineering Of The Union City Intermodal Station, Phase 3 (Intercity Rail) Project
7.b. Adopt A Resolution Authorizing The City Manager To Enter Into A Single Source Subscription Agreement With Flock Group Inc., In A Total Amount Not To Exceed $266,500 Over Five Years, For An Automated License Plate Reader (ALPR)
System
7.c. Informational Report On The National League Of Cities Endorsed Programs (CVS/Caremark Prescription Drug
Discount Card And Service Line Warranty) And Seeking Policy Direction On Next Steps.
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
14. CLOSED SESSION - None
15. ADJOURNMENT
PEOPLE OF UNION CITY
The City Council's regular meetings are held on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 Alvarado-Niles Road, Union City CA 94587. The City continues to offer an opportunity to participate in Council meetings via Zoom at: http://citycouncillive.unioncity.org/ ; Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in City Council/RSA Agenda 4 Tuesday, May 23, 2023
this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impaired.
PUBLIC COMMENT
Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments will be e-mailed to the City Council and made publicly available.
Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.
CITY COUNCIL NORMALS AND GUIDELINES (Resolution No. 6095-23; Adopted 03/14/2023) The City Council of the City of Union City comply with the following norms:
1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.
2. We respect the Council-Manager form of government, and do not interfere with the City Manager's role or any professional duties of City Staff.
3. We recognize that matters of confidential nature are to be kept private and undisclosed.
4. We respect each other's opinions and are supportive of each other's work advocating for the City, and we ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.
5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council's decision.
6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.
7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.
8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.
9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration a citywide service levels and financial capacity.
City Council/RSA Agenda 5 Tuesday, May 23, 2023
10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.
May these Council Norms be administered and enforced in the following manner:
1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met be the Council, and that the public can continue to have full confidence in the integrity of government.
2. The Mayor and the Council have the responsibility to intervene when action of its members are in violation of Council Norms.
3. The City Council can review and revise the Council Norms as needed.
4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.
CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Anna M. Brown, City Clerk of the City of Union City, California, state under penalty of perjury that this notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.
City Council/RSA Agenda 6 Tuesday, May 23, 2023
Agenda Item
ATTACHMENTS:
Description Type
Proclamation Recognizing June 2, 2023,as National Gun Violence Awareness Day
Attachment
City Council/RSA Agenda 7 Tuesday, May 23, 2023
CITY OF UNION CITY
PROCLAMATION
Proclamation Recognizing June 2, 2023, as
National Gun Violence Awareness Day
WHEREAS, every day more than 110 Americans are killed by gun violence, 59 percent of adults or someone they know have experienced gun violence in their lifetime, alongside more than 200 who are shot and wounded; and WHEREAS, the increasing trend of violent crime is being reported across the Bay Area and nationwide; and in 2022, the City of Union City has experienced three homicides, attempted homicides and assaults with a firearm are up about 63 percent; and
WHEREAS, gun violence touches every segment of our society and impacts people of all ages; it increases the probability of death in incidents of domestic violence; raises the likelihood of fatality by those who intend to injure others and among those who attempt suicide; it places children and young people at increased risk of physical harm and injury; and disproportionately affects communities of color; and
WHEREAS, the City of Union City, a compassionate city, recognizes the many organizations in this country which assist families that have been directly impacted by gun violence that provide a continuum of care to grieving parents and spouses who must continue to provide for surviving family members; and WHEREAS, it is appropriate to set aside time to honor those Americans whose lives are cut short each year by gun violence, and the countless survivors whose lives are forever altered; and WHEREAS, the City of Union City and our Police Department have been working to implement a strategy to reduce violent crime by deploying targeted operations plans, enhanced enforcement of illegal firearms, collaborating with criminal justice partners, safe and secure firearm ownership education, district policing, and the re-establishment of the Community Oriented Policing and Problem Solving (COPPS) Unit; and NOW, THEREFORE, be it resolved, that the City Council of Union City proclaims June 2, 2023, Gun Violence Awareness Day, to honor the many lives that have impacted by gun violence in our country and supports the efforts to reduce gun-related crimes in the United States.
DATED this 23rd day of May, 2023.
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor
JAIME PATIÑO, Councilmember
SCOTT SAKAKIHARA, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 8 Tuesday, May 23, 2023
CITY OF UNION CITY
PROCLAMATION
Proclamation Recognizing May as Mental Health Awareness Month
WHEREAS, mental health is essential to our overall health, and the importance of attending to mental health has become even more pronounced through the COVID-19 pandemic, which has not only negatively impacted many people’s mental health but also created barriers to treatment; and
WHEREAS, mental health challenges are one for the most common health conditions in California, affecting one of six adults, with stress, trauma, anxiety, and heightened levels of depressions, and youth mental health has worsened with more than 10 percent of youth reporting severe depression; and WHEREAS, everyday millions of people face stigmas related to mental health and may feel isolated and alone, going years before receiving any help; and
WHEREAS, mental health recovery not only benefits individuals with mental health disorders by focusing on their abilities to live, work, learn and fully participate and contribute to our society, but also enriches the culture of our community life; and
WHEREAS, each of us stands in solidarity with those who are experiencing mental health conditions, renewing our commitment to take responsibility to promote mental wellness and support prevention efforts; and WHEREAS, we give thanks to the dedicated mental health providers whose service and support improves the lives of so many in our community; and
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Union City does hereby proclaim May 2023 as Mental Health Awareness Month in the City of Union City and we urge all Union City residents to create a community where everyone feels comfortable reaching out for the support they deserve.
DATED: May 23, 2023
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
GARY SINGH, Vice Mayor
____________________________________
JAIME PATINO, Councilmember
____________________________________
SCOTT SAKAKIHARA, Councilmember
____________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 9 Tuesday, May 23, 2023
Agenda Item
DATE: 5/9/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH ROMA COLLABORATIVE, IN THE AMOUNT OF
$52,620, FOR THE DESIGN REVIEW OF THE UNION CITY INTERMODAL STATION, PHASE 3 (INTERCITY RAIL) PROJECT, CITY PROJECT NO. 23- 14, FOR A TOTAL CONTRACT AMOUNT OF $127,480
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with ROMA Collaborative, in the amount of $52,620, for the Design Review of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14, for a totalcontract amount of $127,480.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station and completion of the Pedestrian Rail Crossing and the sale and development to of City-owned land.
BACKGROUND
The Metropolitan Transportation Commission (MTC) and San Joaquin Regional Rail Commission (SJRRA) in partnership with Alameda County Transportation Commission are currently leading the Southern Alameda County Integrated RailAnalysis (SoCo Rail) Study under a non-federal grant from the California State Transportation Agency (CalSTA). In 2019, MTC/SJRRC staff along with their Consultant Team engaged the southern Alameda County cities of Newark, Fremont, and Union City to begin the evaluation of the rail-rail hub in the East Bay.
At the July 27, 2021 City Council Meeting, MTC staff presented Phase1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study, identifying the study area for a future intercity rail station connecting BART, ACE (Altamont Commuter Express), Capitol Corridor and potential Dumbarton Rail service in Southern City Council/RSA Agenda 10 Tuesday, May 23, 2023
Alameda County with potential rail stations in Newark, Fremont, and Union City The completed Southern Alameda County Integrated Rail Analysis, Phase 1 Report, dated November 4, 2021, recommended the Union City BART Station as the only rail-to-rail hub location for Mid-Term Horizon (approximately 10 years) in order to allow ACE service to serve the Bay Area, provide an ACE-BART and ACE-Dumbarton Express connection, and to ensure the highest level of connectivity to key travel markets throughout the entire Bay Area and to proceed to Phase 2.
At the May 10, 2022 City Council Meeting, MTC/SJRRC staff presented an update of the Phase 2 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study on the proposed Layover Facility and Intercity Rail Station design concept on the Oakland Subdivision railroad track next to Union City Station and discussed that the SoCo Rail design team will be coordinating with city staff on the connectivity to BART, East Plaza and the adjacent Station District Area. MTC/SJRRC discussed that completion of the Phase 2 Study will include development of design concepts of the intercity rail station, layover facilities, the passenger and transit connection to BART Station and project cost estimate.
At the same City Council meeting, city staff presented the Union City Intermodal Station Update outlining the 20- year project history, the $160 million regional transportation investment and status of key Station District area infrastructure projects including the BART Pedestrian At-Grade Crossing and the Quarry Lakes Parkway.
DISCUSSION
Initial design concepts prepared by the SoCo Rail Consultant Team were not aligned with the City’s planned vision of the Station District Area and the Union City Intermodal Station projects.
On November 15, 2022, the City of Union City entered into an into a Consultant Services Agreement, C5931, with ROMA Collaborative, in the amount of $74,860 for the Union City Intermodal Station, Phase 3 (Intercity Rail), City Project No. 23-14, to provide the City with Design Review support of the proposed ACE Rail Station and Layover Facilities because of their project design history and knowledge of the Union City Intermodal Station, the East Plaza and the BART Pedestrian At-Grade Crossing.
ROMA Collaborative staff has shared project files and has provided valuable design insight and comments to the SoCo Rail Consultant Team. MTC/SJRRC staff was so pleased by the design guidance by ROMA Collaborative that MTC secured a planning grant, in the amount of $60,000, to assist the City with funding 80 percent of ROMA Collaborative’s Consulting Services Agreement.
At the March 14, 2023, City Council Meeting, the City Council adopted Resolution No. 6094-23 accepting Supplement No. 2 of the MTC’s Master Funding Agreement, in the amount of $60,000, to fund the design review for the Union City Intermodal Station Options, City Project No. 23-14, and increasing the revenue projections in the Capital Projects Fund, in amount of $60,000, and appropriating $60,000 to the Capital Projects Fund.
On April 17, 2022 the draft SoCo Rail Study, Phase 2 was published for review by partnering agencies, including Newark, Fremont, Union City, BART and AC Transit. The SoCo Rail Study, Phase 2 includes the project purpose and benefits, proposed operation plan and the proposed infrastructure improvements such as the rail station design concepts, layover facilities and passenger connection (ACE to BART and transit). It also includes initial cost estimates required for project scoping of the environmental documentation phase. The SoCo Rail Study, Phase 2 is expected to be completed in late 2023.
The First Amendment with ROMA Collaborative (Attachment 1), in the amount of $52,620, will allow the Consultant to complete review and design comments for the SoCo Rail Study, Phase 2, prepare graphics and exhibits to support this future Intercity Rail Station and attend project meetings as part of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14.
City Council/RSA Agenda 11 Tuesday, May 23, 2023
FISCAL IMPACT
The total cost for First Amendment to the Consultant Services Agreement with ROMA Collaborative for the architectural design services to complete review and design comments for the SoCo Rail Study, Phase 2, prepare graphics and exhibits to support this future Intercity Rail Station and attend project meetings as part of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14, in the amount of $52,620, will be funded by the Public Improvement Fund (Account Number 4160-3199-92314-54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021/22 to Fiscal Year 2025/26. This amendment will bring the totalcontract amount to $127,480.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with ROMA Collaborative, in the amount of $52,620, for the Design Review of Intermodal Station, Phase 3 (Intercity Rail) Project, City Project 23-14, for a totalcontract amount of $127,480.
Prepared by:
Marilou Ayupan, Public Works Director
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1- First Amendment Attachment
Resolution Resolution
Exhibit A - 2021 MTCSoCoRail Phase 1 CCPresentation Exhibit Exhibit B- 2021 MTCSoCoRail Phase 2 CCPresentation Exhibit Exhibit C- 2022 Intermodal Station Update Exhibit
Exhibit D- 2023 State Rail Plan Fact Sheet Exhibit
City Council/RSA Agenda 12 Tuesday, May 23, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and ROMA Collaborative
FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5931)
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 9th day of May, 2023 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and ROMA Collaborative , ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:
WHEREAS, on November 15, 2022, the Parties entered into a Consulting Services Agreement (C5931) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Design Review of Intermodal Station, Phase 3 (Intercity Rail Station), City Project No. 23-14, in the amount of $74,860; and
WHEREAS, the Parties desire to amend the Agreement to expand the scope of services to be provided by the Consultant and increase the compensation; and WHEREAS, the City and Consultant desire to enter into this First Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The “Scope of Services”, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this First Amendment, attached hereto and incorporated herein by reference.
2. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Fifty Two Thousand Six Hundred Twenty Dollars ($52,620), as set forth in Exhibit B of this First Amendment.
The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Hundred Twenty-Seven Thousand Four Hundred Eighty Dollars ($127,480). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed One Hundred TwentySeven Thousand Four Hundred Eighty Dollars ($127,480), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
3. All other provisions of the Agreement, remain unchanged except as modified by this First Amendment.
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.
SIGNATURES ON THE FOLLOWING PAGE
City Council/RSA Agenda 13 Tuesday, May 23, 2023
City Council/RSA Agenda 14 Tuesday, May 23, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and ROMA Collaborative
EXHIBIT A
SCOPE OF SERVICES
Union City Intermodal Station, Phase 3 (Intercity Rail) City Project No. 23-14
ROMA Collaborative will continue to provide Union City with planning and design support for MTC’s Southern Alameda County Integrated Rail (SoCoRail) Study, Phase 2 Project as part of the Union City Intermodal Station, Phase 3 (Intercity Rail) project to ensure the new station design compliments and coordinates with the BART Pedestrian At-Grade Crossing Project, City Project No 14-14 along with the planned infrastructure and development in the Station District Area.
The proposed Scope of Services for First Amendment in the following tasks:
1) Update and modify graphic exhibits reflecting proposed SoCoRail Intercity Station and regional transit connections, for presentation to agencies. 2) Provide detailed Station Area review comments to recently submitted SoCoRail, Phase 2 Report
3) Prepare concepts for modifications of the BART Pedestrian At-Grade Crossing to support SoCoRail Station
4) Prepare concepts for mobility hub and parking layout at Block 5 to support SoCo Rail Station and the BART Pedestrian At-Grade Crossing
5) Attend and participate in project coordination meetings with MTC/ACE and other agencies (BART, AC Transit, Alameda CTC)
6) Attend and participate in weekly City’s Station District meetings when applicable.
City Council/RSA Agenda 15 Tuesday, May 23, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and ROMA Collaborative
EXHIBIT B
COST PROPOSAL
Compensation to be on a time and materials basis for First Amendment as noted below.
Task Description Cost
1 Update and Modify SoCoRail Graphics $21,900
2 Provide Review Comments to SoCoRail Study 2,500
3 Prepare modified At-Grade Crossing concepts 13,920
4 Prepare modified Block 5 Mobility Hub concepts 7,300
5 Attend MTC/ACE and others SoCoRail meetings 2,000
6 Attend City weekly Station District meetings 5,000
TOTAL COST $ 52,620
Staff Rates:
Ivana Micic, AIA $250
Mimi Ahn, ASLA $190
Erika Saman Cesarino $150
Robert Holloway $150
Boris Dramov, FAIA $350
Hourly cost break down included on the following sheet.
City Council/RSA Agenda 16 Tuesday, May 23, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and ROMA Collaborative
HOURLY COST BREAKDOWN
Ivana Micic ,
AIA
Mimi Ahn,
ASLA Erika Cesarino Robert Holloway
Boris Dramov,
FAIA
$ 190.00 250.00 $ 150.00 $ 150.00 $ 350.00 $
1 Update and Modify SoCoRail Graphics 30 32 64 21,900.00 $ 2 Provide Review Comments to SoCoRail Study 10 $ 2,500.00 3 Prepare modified At-Grade Crossing Concepts 24 8 24 8 13,920.00 $ 4 Prepare modified Block 5 Mobility Hub concepts 12 24 2 7,300.00 $ 5 Attend MTC/ACE and Others SoCoRail Meetings 8 $ 2,000.00 6 Attend City Weekly Station District Meetings 20 $ 5,000.00 Total Hours 104 8 80 64 10
TOTAL COST: 26,000.00 $ 1,520.00 $ 12,000.00 $ 9,600.00 $ 3,500.00 $ 52,620.00 $ Task Description Cost
City Council/RSA Agenda 17 Tuesday, May 23, 2023
RESOLUTION NO._____________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT
TO THE CONSULTING SERVICES AGREEMENT WITH ROMA COLLABORATIVE, IN THE AMOUNT OF $52,620, FOR THE DESIGN REVIEW OF THE UNION CITY INTERMODAL STATION, PHASE 3 (INTERCITY RAIL) PROJECT, CITY PROJECT NO. 23-14, FOR A TOTAL CONTRACT AMOUNT OF $127,480
WHEREAS, the Metropolitan Transportation Commission (MTC) administers the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study program under a nonfederal grant from the California State Transportation Agency (CalSTA), see EXHIBIT D; and WHEREAS, Metropolitan Transportation Commission (MTC) presented Phase1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study at the July 27, 2021 City Council Meeting, identifying the study area for a future intercity rail station connecting BART, ACE (Altamont Commuter Express), Capitol Corridor and potential Dumbarton Rail service in Southern Alameda County with potential rail stations in Newark, Fremont, and Union City, see EXHIBIT A; and
WHEREAS, the completed Southern Alameda County Integrated Rail Analysis, Phase 1 Report, dated November 4, 2021, recommended the Union City BART Station as the only “railto-rail” hub location for Mid-Term Horizon (approximately 10 years) in order to allow ACE service to serve the Bay Area, provide an ACE-BART and ACE-Dumbarton Express connection, and to ensure the highest level of connectivity to key travel markets throughout the entire Bay Area and to proceed to Phase 2; and
WHEREAS, Metropolitan Transportation Commission (MTC) and Altamont Commuter Express (ACE) presented an update of the Phase 2 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study at the May 10, 2022 City Council Meeting on the proposed Layover Facility and Intercity Rail Station design concept on the Oakland Subdivision railroad track next to Union City Station and discussed that the SoCo Rail design team will be coordinating with city staff on the connectivity to BART, East Plaza and the adjacent Station District Area, see EXHIBIT B; and
WHEREAS, at the same meeting, city staff presented the Union City Intermodal Station Update outlining the 20-year project history, the $160 million regional transportation investment and status of key Station District area infrastructure projects including the BART Pedestrian AtGrade Crossing and the Quarry Lakes Parkway, see EXHIBIT C; and WHEREAS, on November 15, 2022, the City of Union City entered into a Consultant Services Agreement, C5931, with ROMA Collaborative, in the amount of $74,860 for the Union City Intermodal Station , Phase 3 (Intercity Rail) Project to provide the City with Design Review support of the proposed ACE Rail Station and Layover Facilities because of their project design history and knowledge of the Union City Intermodal Station, the East Plaza and the BART Pedestrian At-Grade Crossing; and
WHEREAS, on March 14, 2023, the City Council of City of Union City adopted City Council/RSA Agenda 18 Tuesday, May 23, 2023
Resolution XXXX-23
Resolution No. 6094-23 accepting Supplement No. 2 to the MTC’s Master Funding Agreement, in the amount of $60,000, to fund the design review for the Union City Intermodal Station Options, City Project No. 23-14, and increasing the revenue projections in the Capital Projects Fund, in amount of $60,000, and appropriating $60,000 to the Capital Projects Fund; and WHEREAS, the First Amendment with ROMA Collaborative, in the amount of $52,620 will allow the Consultant to complete review and design comments for the SoCo Rail Study, Phase 2, prepare graphics and exhibits to support this future Intercity Rail Station and attend project meetings as part of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14; and
WHEREAS, the First Amendment with ROMA Collaborative, in the amount of $52,620 will be funded by the Public Improvement Fund (Account Number 4160-3199-92314-54110) identified in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2021/22 to Fiscal Year 2025/26.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the use of $52,620 from the budgeted Five-Year Capital Improvement Funds (Fund 4160) for Fiscal Year 2021/22 to Fiscal Year 2025/26 for this First Amendment to the Consulting Services Agreement with ROMA Collaborative for the design review as part of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14; and BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorizes the City Manager to execute the First Amendment to Contract C5931 with ROMA Collaborative of San Francisco, CA, which increases the current contracts by $52,620, bringing the total contract amount to $127,480 to complete design review comments to the SoCo Rail Study, Phase 2 as part of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project 23-14.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23
rd day of May 2023, by the following vote:
City Council/RSA Agenda 19 Tuesday, May 23, 2023
Photo Credit: Jim Maurer, 2018
Southern Alameda
County Integrated
Rail Study
(SoCo Rail)
Union City City Council
July 27, 2021
City Council/RSA Agenda 20 Tuesday, May 23, 2023 1
Study Context: Local, Regional and State Rail Planning
Regional &
State Rail
Plans
Operator/Agency
Vision & Long-Range
Service Plans
Project Studies, Plans
& Implementation
2022 Update
2 SoCo
Rail
Study
City Council/RSA Agenda 21 Tuesday, May 23, 2023
2018 State Rail Plan
• Provided 2040 Vision for
Passenger Rail
• Focused on: ✓ Integrated Statewide
Network
✓ Coordinated Schedules ✓ Customer Focus
• Included East Bay Rail
Hub in So. Alameda Co
3 3
City Council/RSA Agenda 22 Tuesday, May 23, 2023
Study Area
Considers context of NorCal
Megaregion
4 City Council/RSA Agenda 23 Tuesday, May 23, 2023
Study Area
Nexus of:
BART, ACE, Capitol Corridor, and
potential Dumbarton service in
Southern Alameda County • Opportunity for ACE/BART
connection that does not
currently exist
• Feasibility of Shinn Station
5 City Council/RSA Agenda 24 Tuesday, May 23, 2023
SoCo Rail Study Approach and Timeline
2019
Existing & Future
Conditions,
Initial Planning
2020-2021
Service Planning and
Hub Assessment
2021-22
Detailed Planning and
Initial Project
Development
6 Phase 1 Phase 2
City Council/RSA Agenda 25 Tuesday, May 23, 2023
Existing Markets
To/From Study Area • Most trips are short (5-7 miles) • Majority of trips are completely within the study
area or are north to Central
Alameda County or south to
the South Bay
• Most travel to and from Study
Area is short- to mid-length
trips to South Bay and Central
County
City Council/RSA Agenda 26 Tuesday, May 23, 2023
7 Existing Markets
Through Study Area
• Major flows through Study Area:
⁻ South Bay – Central/
Northern Alameda County
⁻ South Bay –Tri Valley
⁻ Peninsula – North/Central
Alameda County
City Council/RSA Agenda 27 Tuesday, May 23, 2023 8
Future Markets
• Largely follows same patterns
• Most trips are < 5 miles
• South Bay and Central Alameda County account for most trips to, from, and through Study Area
• Eastern Markets have the largest % growth
• Limitations
⁻ Does not fully capture megaregional
travel flows
⁻ Not sensitive enough to changes in land use and transportation patterns City Council/RSA Agenda 28 Tuesday, May 23, 2023 9
• Phase 1 considered 7 potential
locations for a new East Bay rail hub
in the study area
• Objective: identify location(s) that
provide mid-term benefits and are
compatible with and/or help
progress toward long-term vision
concepts for rail operators and the
State Rail Plan
Hub Assessment
10 City Council/RSA Agenda 29 Tuesday, May 23, 2023
11 Shinn Station Evaluation • No current connection exists where BART and standard gauge (e.g. ACE)
rail services cross
• Developed and evaluated eight
potential station design options at
Shinn Junction
• Station not recommended in mid-term
due to incompatible land uses and
excessive impacts on BART • Only makes sense with implementation of a frequent Dumbarton Rail Service and
much more frequent ACE service
City Council/RSA Agenda 30 Tuesday, May 23, 2023
Service Planning Starts with Long-Term Vision
Long-Term
Service 20+ yrs
Mid-Term
Service 10+ yrs
Near-Term
Service ~5 yrs
• Service planning
goals/parameters
(from operators)
• Long-term (~20 yrs)
service concepts
• Mid-term (~10 yrs)
service goals and
scenarios
• Detailed hub/
terminal analysis
12 City Council/RSA Agenda 31 Tuesday, May 23, 2023
Long-Term Vision Concepts
• Consider range of long-term
concepts to understand
implications of different longterm projects for near-term planning, but defer further
decisions to other venues
• Dumbarton service and Link21
were assumed in the long-term
scenario
13 City Council/RSA Agenda 32 Tuesday, May 23, 2023
• Shared freight (UPRR) corridor on
Centerville and Coast Subdivision through
Alviso Wetlands limits passenger rail
frequency increases
• ACE sees potential to increase service to 6-10 roundtrips/day over Altamont for service to Southern Alameda County in
the mid-term
• Direct ACE service on Dumbarton
Corridor likely infeasible in mid-term due
to constraints at Redwood City and the
Peninsula rail corridor
Mid-Term Service Planning
Analysis Key Findings
14 City Council/RSA Agenda 33 Tuesday, May 23, 2023
Implications for Mid
-Term Rail Service
• Concept 1: Not possible • Capacity constraints • Concept 2: ACE-Cap Corridor connection at Ardenwood • Connects to existing Express Bus service • Dependent on South Bay Connect • Ridership potential tied to Dumbarton service • Concept 3: ACE-BART connection at Union
City• Least impact on system operations • Lowest infrastructure needs • Compatible with long-term service concepts –
all current Dumbarton options serve UC BART
• Ridership potential: north/south on BART and
potential future Dumbarton connection
• Connection to existing multi-modal station
(BART/bus) and TOD (existing and planned)
15 City Council/RSA Agenda 34 Tuesday, May 23, 2023
Next Steps ⁻ Wrapping up Phase 1 Summary Report by end of August ⁻ Phase 2: Detailed Planning, Initial Project Development ⁻ Definition of recommended East Bay Hub for Mid-Term Horizon, including associated infrastructure improvements and identification of feasibility challenges
⁻ High level understanding of potential East Bay Hub(s) for Long-Term Horizon, that includes Dumbarton Rail Service, Link21, and improvements along UPRR Coast Subdivision
between Newark and San Jose (incl. tracks in AlvisoWetlands) ⁻ Ongoing stakeholder outreach
⁻ Outcomes: ⁻ Reports documenting analysis, results and recommendations ⁻ Definition of hub project ready to move forward to next phases of project development
16 City Council/RSA Agenda 35 Tuesday, May 23, 2023
Union City ACE/BART Rail-to-Rail Hub Station
Project Overview and Update
May 10, 2022
City Council/RSA Agenda 36 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis (SoCo Study) ▪ Phase 1 of SoCo Study Complete
▪ Analysis of Rail-to-Rail Hub Station Options in
Southern Alameda County
▪ Union City BART Selected as Rail-to-Rail Hub
▪ Phase 1 Report on MTC Website
▪ Phase 2 of SoCo Study Underway
▪ Analysis of Layover Facility Options
▪ Site Immediately Adjacent to Station Selected
▪ Detailed Planning Now Underway
▪ Targeted for completion at end of 2022
▪ Next Step in Project Development
▪ Environmental Clearance
Union
City
City Council/RSA Agenda 37 Tuesday, May 23, 2023
ACE/BART Hub Location / Layover Facility Site
City Council/RSA Agenda 38 Tuesday, May 23, 2023
Mid-term Layover Facility Options
Potential Layover Facilities
1. Union City (BART)
2. Union City (US Pipe)
3. Fremont (Shinn Street)
4. Newark Site (Willow Street)
Site Feasibility Analysis Includes
• Project Complexity
• Land Use Compatibility
• Environmental Considerations
• Operational Feasibility
City Council/RSA Agenda 39 Tuesday, May 23, 2023
SoCo Rail Layover Facility Comparison Matrix
Site Complexity Land Use
Compatibility
Environmental
Constraints
Operational
Feasibility
Union City BART 1 3 1 1
Union City – US Pipe 3 2 2 2
Fremont – Shinn St. 2 2 3 3
Newark –Willow St. 5 4 4 5
The Union City BART Site is the most feasible location for the SoCo Rail Layover Facility in the mid-term and is the preferred option for further analysis in the study City Council/RSA Agenda 40 Tuesday, May 23, 2023
2030 Vision for ACE Network
City Council/RSA Agenda 41 Tuesday, May 23, 2023
Altamont Corridor
Extension to
East Bay Hub
(Union City BART)
Valley Link
(North Lathrop to
Dublin/Pleasanton
BART)
VL
VL
VL
VL
VL
VL
VL
Stockton
VL
VL
VL
VL
VL
VL
VL
City Council/RSA Agenda 42 Tuesday, May 23, 2023
Union City ACE/BART Rail Hub Station
City Council/RSA Agenda 43 Tuesday, May 23, 2023
Next Steps
▪ Phase 2 of SoCo Study Underway
▪ Operations planning
▪ Ridership Analysis
▪ Connectivity planning
▪ Equity Analysis
▪ Conceptual engineering
▪ Cost estimating
▪ Implementation/Funding planning
▪ Final Report/PSR
Targeted for completion at end of 2022
▪ Next Step in Project Development
▪ Environmental Clearance
Station site
City Council/RSA Agenda 44 Tuesday, May 23, 2023
Thank you!
Dan Leavitt
Manager of Regional Initiatives
San Joaquin Regional Rail Commission
[email protected]
City Council/RSA Agenda 45 Tuesday, May 23, 2023
UNION CITY INTERMODAL
STATION UPDATE
PRESENTATION
Marilou Ayupan, Public Works Director ITEM 3.d
May 10, 2022
City Council/RSA Agenda 46 Tuesday, May 23, 2023
2 INTERMODAL STATION UPDATE
PROJECT HISTORY-July 2021 City Council
2001-2005 MTC Resolution 3434 (TOD Policy and Investment) 2002 – BART Station Comprehensive Station Plan & Intermodal Station 2004 - Intermodal Station & Transit Facility Plan (Passenger Rail) 2006 - Union City Passenger Rail Project EIR (ACE, DB Rail, CCJPA) Mid 2000’s - 11th Street & BART Station, Phase 1A (Transit & Parking) Mid 2010’s - BART Station (Phase 1B/Phase 2) & East Plaza 2021 - Southern Alameda Integrated Rail Study (Station Options) 2022 – ACE-BART Rail-to-Rail Station (Union City BART Station) 2021 – BART Station, Phase 2A (East Entrance)
2022 - BART PED At-Grade Crossing (Complete East Entrance) 2026 - Quarry Lakes Parkway, Ph 1 & 2
2030 - Quarry Lakes Parkway, Ph 3 & 4 (Grade Separations) 2030 – PASSENGER RAIL (ACE) SERVICE
City Council/RSA Agenda 47 Tuesday, May 23, 2023
3 INTERMODAL STATION UPDATE
Over 20 Years Planning
$160 Million Investment
(Local, Regional, State &
Federal Grant Funds)
Project Partners
MTC, BART, AC Transit, UC
Transit, ACE, VTA, Capitol
Corridor, ACCMA-ACTIA-ACTC,
Fremont and Hayward
City Council/RSA Agenda 48 Tuesday, May 23, 2023
4 INTERMODAL STATION, BART PHASE 2A
COMPLETED IN 2022
City Council/RSA Agenda 49 Tuesday, May 23, 2023
5 INTERMODAL STATION UPDATEACE-BART RAIL TO RAIL CONNECTION 5 Minute Walk: ACE to BART & ACE to TRANSIT
City Council/RSA Agenda 50 Tuesday, May 23, 2023
6 INTERMODAL STATION UPDATE
BART PED AT-GRADE CROSSING
CONSTRUCTION IN 2022, OPEN IN 2022/2023
(Union Pacific Railroad approval process about 8+ years) City Council/RSA Agenda 51 Tuesday, May 23, 2023
7 QUARRY LAKES PARKWAY, PHASES 3-4 & ACE STATION
City Council/RSA Agenda 52 Tuesday, May 23, 2023
8 ACE STATION & QUARRY LAKES PARKWAY
COORDINATON
COORDINATE, COLLABORATE & COST
SAVINGS
▪ ACE & Union City- Expedite Union Pacific
(UP) Railroad Permits
▪ Work within Oakland Sub/UP Right of Way
▪ Requires Temporary Railroad Track Shoofly
(Detour)
▪ Potential Reuse of Shoofly Rail for future
ACE Station and Layover Facility
▪ Potential Installation of Com. Conduit (PTC)
▪ Use Excess QLP Dirt for UP R/W Grading
City Council/RSA Agenda 53 Tuesday, May 23, 2023
9 INTERMODAL STATION UPDATE
Continue Planning and Investment...
MOVING FORWARD- NEXT STEPS
✓ Continue ACE Coordination (Fremont, Newark, BART, AC
Transit and UC Transit) on Union City-ACE Station
(Environmental) & QLP, Phases 3 & 4 (Design)
✓ Complete BART Entrance with Ped At-Grade Crossing
✓ Prepare RFP for Quarry Lakes Parkway, Phase 3 & 4
(Grade Separations) for Design Consultant
✓ Evaluate integrating QLP, Grade Separations with ACE
Station Track Improvements (potential cost savings)
QUESTIONS….
City Council/RSA Agenda 54 Tuesday, May 23, 2023
2023
CALIFORNIA STATE RAIL PLAN
OVERVIEW
The California State Rail Plan (Rail Plan) affirm s the State’s Vision for an integrated rail and transit network that delivers on California’s ambitious economic, environmental, and equity goals.
In line with California Transportation Plan 2050 (CTP 2050) and the Clim ate Action Plan for Transportation Infrastructure (CAPTI), an integrated rail network, built on the backbone of future highspeed rail corridors, supports economic growth, improves environmental outcomes, and increases equity by providing the seamless mobility Californians need and shifts travel demand to zero-emission, high-capacity transport that supports efficient, sustainable land use. Regional implementation planning and project delivery build on the Rail Plan, as communities realize improved service, develop regional networks, and set land use recomm endations that leverage enhanced connectivity.
IMPLEMENTATION LIGHTS
(5 Year)
The Rail Plan proposes a unifed
statewide network that aligns needs
for passenger and freight service
and connects passenger rail to other
modes. The network will capture an
increasing share of passenger and
freight travel by rail to support
economic, environmental, and
equity goals.
The Rail Plan designs a future
statewide network that serves the
origin and destination points of over
46 million future trips. To achieve
CARB’s goal of a 20% VMT
reduction requires increasing mode
share to 14%, over 6.5 million daily
passengers. Investments identifed in
the Rail Plan provide for the
capacity to serve high ridership
volumes with zero-emission rail
service and without highway
expansion.
» Integrate ticketing and fare coordination across statewide network » Integrate state rail and intercity bus syste
HIGH
ms to run on a consistent pulse schedule
» Initial run-through tracks complete at LA Union Station » Increase service between Los Angeles and Riverside (via Fullerton), Merced and Sacramento, Roseville and the Bay Area
» New Service to Las Vegas, Healdsburg, between Gilroy and Salinas, and along the California High-Speed Rail Initial Operating Segment
MID-TERM PLAN (10 Year)
» State rolling stock procurements are 100% zero-emission vehicles » New transportation hub at Union City
» Increased rail frequencies on the Central Coast and statewide » New Service to Coachella Valley, Chico, Santa Cruz, and Cloverdale » Phase one of California high-speed service is complete. Additional high-speed connections between Palmdale, Apple Valley, and Rancho Cucamonga
LONG-TERM PLAN (2050)
» Trips between California's urbanized areas can be completed most efficiently by our rail and transit network » Second Transbay crossing is complete.
» Phase two of California high-speed rail service is complete, extending to San Diego and Sacramento » New service between Lemoore and Porterville, and to Monterey, Redding, Phoenix, Reno, and Tijuana Airport F o r m o re information, or to vie w the Rail Plan and Submit Comments, Please visit our website a t:
https://dot.ca.gov/programs/rail-and-masstransportation/california-sta te-rail-plan o r e-mail [email protected]
City Council/RSA Agenda 55 Tuesday, May 23, 2023
2023 Rail Plan Capital Program
$20.6B
(Near-Term)
$25.7B
(Mid-Term)
$53.1B
(Long-Term)
The Rail Plan organizes its capital planning into
near-, mid-, and long-term horizons. The overall
program identifes $99.5B in passenger, freight,
zero-emissions operations, and port/logistics
support investments, exclusive of California
High-Speed Rail.
City Council/RSA Agenda 56 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING $604,912 IN TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PEDESTRIAN/BICYCLE
PROJECT FUNDING FROM THE METROPOLITAN TRANSPORTATION
COMMISSION, INCREASING REVENUE PROJECTIONS IN THE
CAPITAL PROJECTS FUND BY $604,912, AND APPROPRIATING $604,912
TO THE CAPITAL PROJECTS FUND FOR THE CONSTRUCTION OF THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29
Staff recommends that the City Council adopt the attached resolution accepting $604,912 in Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding, from the Metropolitan Transportation Commission (MTC), to fund construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
STRATEGIC PLAN ALIGNMENT
This is an efficiency and safety improving project and is in alignment with the following:
Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.
BACKGROUND
The Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects” (TDA Article 3), which delineates procedures and criteria for submission of requests for the allocation of TDA Article 3 funding. MTC Resolution No. 4108, Revised, requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region, including Alameda County.
City Council/RSA Agenda 57 Tuesday, May 23, 2023
On May 10, 2022, the City Council of Union City passed Resolution No. 5935-22, authorizing the successful submission of a request to MTC for the allocation of TDA Article 3 funding, resulting in a total award of $604,912.
DISCUSSION
The TDA Article 3 funds are distributed annually to local government agencies for funding of local bicycle and pedestrian projects. These TDA Article 3 funds are administered by Alameda County Public Works Agency (ACPWA), and each spring a series of meetings are held with local agencies to discuss their plans for their yearly distribution. Localagencies decide whether to apply their allocated funds toward current, active projects or to rollover the funds to the next fiscal year. Union City’s annual allocation for FY 2022-2023 is $48,238, with a rollover balance from previous unspent annualallocations of $556,674, for a total of $604,912.
On March 4, 2022, ACPWA held a meeting to outline the FY 2022-2023 TDA Article 3 fund distribution for each Alameda County city. Union City staff indicated to ACPWA that the City would like to program the current balance of $604,912 to the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
On March 30, 2022, ACPWA held a meeting to distribute the MTC approval timeline along with an outline of requirements prior to distributing funds to each City. One of the requirements outlined is ensuring local support for the expenditure of these available pedestrian/bicycle funds to a current project by updating local Bicycle and Pedestrian Committees (BPACs). On April 19, 2022, a presentation was made to Union City’s BPAC on the status and improvements of the Union City Boulevard Bike Lanes Project, City Project No. 17-29. The BPAC was both supportive of the plans and of applying the TDA Article 3 funds toward construction of the Project. Currently in the final design phase, the Project will begin construction later this year. It is expected to be completed by early 2025.
FISCAL IMPACT
Union City will receive $604,912 in Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding. These monies are to be used to fund the construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29. To properly account for these grant funds, the City Council should approve an increase in the revenue projections in Account Number 4100-91729-44141 (Capital Projects Fund – Union City Boulevard Bike Lanes Project – TDA Article 3 Funds) of $604,912 and approve an appropriation of $604,912 to Account Number 4100-3199-91729-54111 (Capital Projects Fund – PW General – Union City Boulevard Bike Lanes Project – Contractual Services). There is no impact to the General Fund.
RECOMMENDATION
Staff recommends the following:
1. Adopt the attached resolution accepting $604,912 in Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission (MTC) to fund construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
2. Approving an increase in the revenue projections in Account Number 4100-91729-44141 (Capital Projects Fund – Union City Boulevard Bike Lanes Project – TDA Article 3 Funds) of $604,912 and approving an appropriation of $604,912 to Account Number 4100-3199-91729-54111 (Capital Projects Fund – PW General – Union City Boulevard Bike Lanes Project – Contractual Services).
Prepared by:
City Council/RSA Agenda 58 Tuesday, May 23, 2023
Trieu Tran, Civil Engineer III
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution Resolution
Exhibit A - Letter fromMTC Exhibit
City Council/RSA Agenda 59 Tuesday, May 23, 2023
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $604,912 IN TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING FROM THE
METROPOLITAN TRANSPORTATION COMMISSION, INCREASING REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $604,912, AND APPROPRIATING $604,912 TO THE CAPITAL PROJECTS FUND FOR THE
CONSTRUCTION OF THE UNION CITY BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, the MTC’s TDA Article 3 funds are distributed annually to local government agencies who decide whether to apply their allocated funds toward current, active projects or to rollover the funds to the next fiscal year; and
WHEREAS, Union City’s annual allocation of TDA Article 3 funding for FY 2022-2023 is $48,238, which when combined with the rollover balance from previous unspent annual allocations of $556,674, brings the total amount of funding available to $604,912; and WHEREAS, on March 4, 2022, at the Alameda County Public Works Agency (ACPWA) meeting to outline the FY 2022-2023 TDA Article 3 funds distribution for each Alameda County city, Union City staff indicated to ACPWA that the City would like to program the current balance of $604,912 to the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, Union City’s Bicycle and Pedestrian Advisory Committee (BPAC) received an update on the status and improvements of the Union City Boulevard (UCB) Bike Lanes Project at its April 19, 2022 meeting and approved the application of the TDA Article 3 funds towards the project, in accordance with an MTC requirement prior to TDA Article 3 funding distribution; and WHEREAS, on May 10, 2022, the City Council of Union City passed Resolution No. 5935-22 authorizing the submission of the request to MTC for the allocation of TDA Article 3 funds to support the UCB Bike Lanes Project; and
City Council/RSA Agenda 60 Tuesday, May 23, 2023
Resolution No. XXXX-23
WHEREAS, the successful submission of the request to MTC resulted in the award of $48,238 of Fiscal Year 2022-2023 TDA Article 3 Pedestrian/Bicycle Project Funding which when combined with the rollover balance of $556,674 from previous unspent annual allocations, yields a total award of $604,912 to Union City for construction of the UCB Bike Lanes Project (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding from the Metropolitan Transportation Commission, in the amount of $604,912, to fund construction of the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and BE IT FURTHER RESOLVED that the City of Union City, by adopting this Resolution, does hereby state that:
1. The City of Union City understands that the amount of TDA Article 3 Pedestrian/Bicycle Project Funding for the project is capped at the amount awarded by MTC, and that any cost increases will be funded through other means by the City of Union City, and will not be funded with additional MTC Administered Funds; and
2. The Project will be implemented as described in the application, Agreement, and in this Resolution; and
3. The City of Union City and the Project will comply with the requirements as set forth in the Agreement; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the Applicant’s ability to implement and deliver the proposed Project; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the required budget appropriation and the use of those funds for City Project No. 17- 29; and
BE IT FURTHER RESOLVED that the City Council of Union City hereby approves an increase in the revenue projections in Account Number 4100-91729-44141 (Capital Projects Fund – Union City Boulevard Bike Lanes Project – TDA Article 3 Funds) of $604,912 and hereby approves an appropriation of $604,912 to Account Number 4100-3199-91729-54111 (Capital Projects Fund – PW General – Union City Boulevard Bike Lanes Project – Contractual Services).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:
City Council/RSA Agenda 61 Tuesday, May 23, 2023
City Council/RSA Agenda 62 Tuesday, May 23, 2023
City Council/RSA Agenda 63 Tuesday, May 23, 2023
City Council/RSA Agenda 64 Tuesday, May 23, 2023
City Council/RSA Agenda 65 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE AWARD OF A
CONSTRUCTION CONTRACT TO SAVIANO COMPANY, INC., IN THE
AMOUNT OF $411,340, FOR THE VETERANS MEMORIAL PARK TENNIS
AND BASKETBALL COURT REHABILITATION PROJECT, CITY PROJECT NO. 22-22
Staff recommends that the City Council adopt the attached resolution authorizing the award of a construction contract to Saviano Company, Inc. (“Saviano”), of San Jose, California, in the amount of $411,340, for the Veterans Memorial Park Tennis and Basketball Court Rehabilitation Project, City Project No. 22-22, and authorize the expenditure of a construction budget, with contingencies, in the amount of $450,000.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D: Create a healthy, sustainable community and maintain and improve the City’s Infrastructure.
BACKGROUND
The tennis courts at Veterans Memorial Park are a popular recreational destination for the community and are heavily used. The court surfaces are cracked and deteriorating and need to be rehabilitated. Without the proposed work, the condition of the courts willcontinue to decline, leading to unsafe and unplayable conditions.
DISCUSSION
The work to be completed by the contractor consists of furnishing all labor, materials, and equipment for the rehabilitation work associated with crack sealing, depression filling, tennis net and posts replacement, asphalt concrete overlay, acrylic surfacing, and line painting of one basketball court, two hitting-wall courts, two pickleball courts (which will be striped within the tennis court), and six tennis courts at Veterans Memorial Park (Attachment 1).
City Council/RSA Agenda 66 Tuesday, May 23, 2023
On March 22, 2023, plans and specifications for the project were released and advertised for bids. Five potential vendors have requested the bid package for bidding purposes. Upon closure of the solicitation period, two bids were received from American Asphalt Repair and Resurfacing Company, Inc., and Saviano Company, Inc., on April 27, 2023 (Attachment 2).
The lowest base bid was submitted in the amount of $386,448, by Saviano Company, Inc. The engineer’s base bid estimate for the project was $345,000 (Attachment 3). The lowest bid is approximately 12% over the engineer’s base bid estimate. However, considering the current state of the construction market, staff believes that the bid received from Saviano is reasonable.
Saviano has completed various athletic court projects for public agencies and private clients, including City of South Francisco and Life Time Health Club and Bay Club, and has received positive feedback from their references. Additionally, Saviano is the same contractor that completed the resurfacing of the tennis courts at Veterans Memorial Park and Arroyo Park approximately 10 years ago under Project 13-14.
Public Works staff recommends the project to be awarded to Saviano Company, Inc. The estimated project budget for construction is as follows:
Base Bid Amount $386,448
Construction Contract Amount
(Including Alternative Bid to grind the asphalt,
$24,892)
$411,340
Contingency (9.4% of Contract Amount) $38,660
Total Estimate Construction Cost $450,000
Construction for this project is anticipated to begin in mid-June 2023 and to be completed in late August 2023.
FISCAL IMPACT
The total construction cost of $450,000 will be funded by the Special Parks Fund (Fund 2550) (Account No. 2550-3199-92222-54111), as identified in the approved 5-year Capital Improvement Program (CIP) for Fiscal Year 2021-2022 through FiscalYear 2025-2026. There are sufficient funds to award the contract.
RECOMMENDATION
Public Works staff recommends that the City Counciladopt the attached resolution with the following recommendation:
1. Award a contract to the lowest bidder, Saviano Company, Inc., in the amount of $411,340, for the construction of the Veterans Memorial Park Tennis and Basketball Court Rehabilitation Project, City Project No. 22-22; and
2. Authorize the expenditure of a construction budget, with contingencies, in the totalamount of $450,000.
Prepared by:
Tommy Cho, Principal Civil Engineer
Submitted by:
City Council/RSA Agenda 67 Tuesday, May 23, 2023
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - Site Plan Attachment
Attachment 2 - Bid Summary Attachment
Attachment 3 - Bid Comparison Attachment
Resolution Resolution
City Council/RSA Agenda 68 Tuesday, May 23, 2023
Veterans Park Tennis & Basketball Court Site Plan
City Council/RSA Agenda 69 Tuesday, May 23, 2023
CITY OF UNION CITY
BID SUMMARY
PROJECT: Veterans Memorial Park Tennis & Basketball Court Rehabilitation Project; City Project No. 22-33
Project Manager: Tommy Cho
DATE: April 27, 2023
TIME: 1:30 p.m.
LOCATION: City Council Chambers
No BIDDERS BID AMOUNT
*CORRECTED
BID AMOUNT
1. Saviano Co Inc $386,448.00
2. American Asphalt Repair & Resurfacing Co,
Inc $508,750.00
3. 4.
5. 6.
7. 8.
9. I, Anna M. Brown, City Clerk of the City of Union City, do hereby certify that on April 27, 2023 I received and opened 2 bids for the above-mentioned project. * Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.
Anna M. Brown
City Clerk
City Council/RSA Agenda 70 Tuesday, May 23, 2023
Item No. Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 $ 30,000.00 $ 30,000.00 3,200.00 3,200.00 50,000.00 50,000.00 2 Temporary Stormwater Pollution Control LS 1 $ 1,000.00 $ 1,000.00 1,850.00 1,850.00 5,000.00 5,000.00 3 Furnish and Install 1.5" Hot Mix Aspahlt Overlay SF 52,000 $ 4.50 $ 234,000.00 6.70 348,400.00 4.80 249,600.00 4 Acrylic Filler Coat (Resurfacer) SF 50,800 $ 0.50 $ 25,400.00 1.00 50,800.00 0.53 26,924.00 5 Acrylic Color Playing Surface SF 50,800 $ 0.50 $ 25,400.00 1.25 63,500.00 0.53 26,924.00 6 Line Painting LS 1 $ 5,000.00 $ 5,000.00 11,000.00 11,000.00 10,000.00 10,000.00 7 Remove and Install New Netting, Posts, Center Anchor and Footings EA 6 $ 4,000.00 $ 24,000.00 5,000.00 30,000.00 3,000.00 18,000.00 Total Base Bid 344,800.00 508,750.00 386,448.00
AB1 Grind Asphalt Pavement (1/2") SF 50,800 0.50 25,400.00 1.63 82,804.00 0.49 24,892.00 Engineer Estimate
American Asphalt Repair
& Resurfacing Co. Saviano Co. Inc
Alternative Bid
Veterans memorial Park Tennis & Basketball Court Rehabilitation Project, City Project No. 22-22 Bid Comparison
City Council/RSA Agenda 71 Tuesday, May 23, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO
SAVIANO COMPANY, INC., IN THE AMOUNT OF $411,340, FOR THE
VETERANS MEMORIAL PARK TENNIS AND BASKETBALL COURT
REHABILITATION PROJECT, CITY PROJECT NO. 22-22
WHEREAS, on April 27, 2023, the City received two (2) bids for the Veterans Memorial Park Tennis and Basketball Court Rehabilitation Project, City Project No. 22- 22, with Saviano Company, Inc., of San Jose, California, being deemed the lowest responsible bidder with a base bid of $386,448, and a grand total bid in the amount of $411,340; and
WHEREAS, a review of the firm’s qualifications shows Saviano Company, Inc., to be an experienced and appropriately licensed contractor and, as such, the Public Works Director recommends that it is in the City’s best interest to award the Veterans Memorial Park Tennis and Basketball Court Rehabilitation Project to Saviano Company, Inc.; and WHEREAS, the recommended construction budget, which consists of the construction contract amount and a standard construction contingency, is $450,000; and WHEREAS, sufficient funds from the Special Parks Fund (Fund 2550) were included in the FY 2022-2023 Five-Year Capital Improvement Program budget for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards a construction contract for the Veterans Memorial Park Tennis and Basketball Court Rehabilitation Project, City Project No. 22-22, to Saviano Company, Inc., in the amount of $411,340; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes a construction budget, with contingencies, in the total amount of $450,000, for the Veterans Memorial Park Tennis and Basketball Court Rehabilitation Project, City Project No. 22-22.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:
City Council/RSA Agenda 72 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE
RECORDS RETENTION SCHEDULE FOR THE ECONOMIC AND
COMMUNITY DEVELOPMENT DEPARTMENT
Staff recommends that the City Council adopt a resolution (Attachment 1) authorizing revisions to the Records and Information Management Program Policy’s Records Retention for the Economic and Community Development Department. See Attachment 1, Exhibit A, for the updated Records Retention Schedule and Exhibit B for a red-lined version.
STRATEGIC PLAN ALIGNMENT
This item is in alignment with the following:
Goal E, Strategy 12: Enhance community and digital engagement to improve ease of access to and the quality of information, emphasizing information of particular interest to businesses and residents.
The program also aligns well with Goal A, Strategy 4 of the IT Strategic Roadmap: Collaborate with departments to digitize and index all City records, historic documents, and technical studies.
BACKGROUND
On July 26, 2011, the City Council adopted Resolution No. 4192-11, approving the Records and Information Management (RIM) Program Policy for the City of Union City ("Policy"), authorizing the City Manager, or designee, to oversee the management of the Records Management Program.
The Policy defines how records are to be maintained in compliance with state statutes and regulations and in conformity to City Council directives regarding recordkeeping. An element of the Policy is the Records Retention Schedule ("Schedule"). The Schedule is a comprehensive inventory of the records under management by each City Department. The Schedule describes each record type and a retention period for City Council/RSA Agenda 73 Tuesday, May 23, 2023
each type.
Specific state and federal statutes and regulations require certain minimum or maximum retention periods.
Variations in the retention periods, as allowed by statute, are often recommended by staff to meet various public or business interests.
In coordination with the City Clerk, City Departments periodically propose additions, deletions, and revisions to the Schedule to reflect current requirements and best management practices.
DISCUSSION
The Environmental Programs Division of the Economic and Community Development Department manages significant volumes of city records in hard copy files pertaining to hazardous materials management and environmentalconditions. These records are frequently subject to public records requests and other inquiries.
Staff time required to comply with these recurring records requests has been increasing. Staff desires to digitize records to promote public access utilizing the City’s on-line systems.
In coordination with the City Clerk and Information Technology Department, the Environmental Programs Division executed a contract with a records management consultant to review and recommend revisions to the Schedule, and to process obsolete Environmental Programs Division records for destruction under the policy.
These are the required first steps toward digitization.
The contracted review of the Schedule is complete, amendments have been made, which have been reviewed by the City Attorney, and are shown in Exhibit A (clean version) and Exhibit B (redlined version).
Under direction of the Economic and Community Development Director, the assessment of the Schedule was expanded from Environmental Programs to include other City Divisions. This resulted in proposed changes to the Planning, Building, Neighborhood Preservation/Code Enforcement, and Fire Inspection Divisions’ records retention schedules in addition to the amendments proposed by the Environmental Programs Division.
The Environmental Programs Division Schedule was significantly revised. Previously, many records were retained permanently or far in excess of the retention periods required by State law. Staff recommends that these retention times be aligned with state requirements for uniformity and to promote timely purging of obsolete records. Also, a number of standalone record series that are more appropriately included in other records categories are proposed for elimination and incorporation into existing series. Document descriptions have been amended in the Schedule to better define each series.
One record series that identified an outside agency as the office of record is to be eliminated and the series clarified to reflect the Environmental Programs Division as the office of record. An Environmental Programs record series concerning employee training records is to be removed and transferred to the Human Resources Department, which is the official office of record.
The Schedule for the Building Division was revised to differentiate commercial, residential and tenant improvement records that have different required retention times. Previously these were all included in a single record series. Certificates of Occupancy records and fire-related building permit submittal elements were eliminated, and those components incorporated into the new and expanded commercial, residential and tenant improvement records series categories under the Building Division.
The Neighborhood Preservation/Code Enforcement Schedule was revised to improve conformance with confidentiality requirements by requiring that confidential documents be separated from public information in the case files. Repeat violations were eliminated as a separate record series as best practices require that all violations pertaining to a property be maintained in a single file.
Fire Inspection Records, which are a part of the Economic and Community Development Department Schedule, are proposed for revision primarily to extend retention times to the life of the building plus five years, from the current five years after permit expiration. Other revisions include changing references to the Uniform Fire Code to the California Fire Code for accuracy and modifying the descriptions of specific document types to be included in each record series.
Some revisions to the Planning Commission portion of the Schedule have been amended for clarity. Updates were made to remove the Public Art Board from the Schedule since it was replaced by the Arts and Culture Commission and responsibility transferred to the Community and Recreation Services Department.
City Council/RSA Agenda 74 Tuesday, May 23, 2023
Other changes are recommended at the direction of the City Clerk for effectiveness, efficiency and clarity.
These include proposed elimination of the Media Format heading in the Schedule, to reflect that the management and retention requirements are the same whether for paper, electronic or mixed media records.
The Active Retention and Inactive Retention data headings in the Schedule are proposed for elimination to avoid confusion with the Total Retention time that is the official requirement. These changes will be considered for other Departments in future updates to the Schedule.
This multi-division effort that began with Environmental Programs has identified significant specific changes to the Schedule that impact multiple departments. Additional proposed Schedule changes are in development for future consideration. In particular, Housing Division records are currently under examination and specific Schedule additions are in development.
Proposed changes to the retention schedule are in alignment with applicable code and regulation, professional standards and suggested retention guidelines of selected professional associations and other governmental agencies, such as the California Secretary of State and the City Clerk’s Association of California.
FISCAL IMPACT
There is no fiscal impact to the General Fund from approval of the amendments to the Schedule.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment 1) approving amendments to the Records Retention Schedule for the Economic and Community Development Department.
Prepared by:
Andrew Block, Environmental Programs Manager
Submitted by:
Andrew Block, Environmental Programs Manager
ATTACHMENTS:
Description Type
Attachment 1 - Resolution Approving Updates to ECDRRS Resolution Exhibit A -Amended Records Retention Schedule - Clean Version Exhibit Records Retention Schedule proposed revisions markup copy Resolution City Council/RSA Agenda 75 Tuesday, May 23, 2023
Attachment 1
RESOLUTION NO. XXXX-23
ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE RECORDS
RETENTION SCHEDULE FOR THE ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
WHEREAS, on August 28, 2001, the City Council adopted Resolution No. 2006-01 authorizing the adoption of records retention schedules for the various City departments; and WHEREAS, on July 26, 2011, the City Council adopted Resolution No. 4192-11, approving a Records and Information Management (RIM) Program Policy for the City of Union City, and authorizing the City Manager, or designee, to oversee the management of the Records Management Program; and
WHEREAS, an element of the RIM Policy is the Records Retention Schedule (“Schedule”), which is a comprehensive inventory of the records under management by each City Department; and
WHEREAS, the City Council has identified in the Strategic Plan Goal E, Strategy 12, to “Enhance community and digital engagement to improve ease of access to and the quality of information, emphasizing information of particular interest to businesses and residents”; and WHEREAS, update of the Schedule is a required step in the digitization process; and WHEREAS, due to changes in the codes or applicable regulations, or to comply with best management practices, City staff has reviewed and recommended amendments to the Schedule; and
WHEREAS, the updated Schedule is attached, labeled Exhibit A (clean version) and Exhibit B (red-lined version), attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves amendments to the Schedule as detailed in Exhibit A.
City Council/RSA Agenda 76 Tuesday, May 23, 2023
Resolution No. XXXX-23
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 77 Tuesday, May 23, 2023
The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
09-01-00 Planning Division Records
09-01-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-01-02 Preliminary Reviews Used to provide initial feedback on proposed projects. Review becomes part
of the formal application unless the project
is abandoned.
PLNG AC+2 GC 34090; 2 year minimum
Administrative Policy: Maintain abandoned
preliminary reviews for 2 years after
abandonment of the project.
09-01-03 Formal Application Files All planning applications and supporting documents for planning submissions.
Includes use permits, variances, site
development review, administrative site
development review, administrative use
permits, supporting CEQA documentation
and legal notices.
PLNG P GC 34090(a); Real property records, maintain
Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-04 Zoning Map Includes supporting CEQA documentation PLNG P GC 34090(a); Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-05 Zoning Map/Text Amendment Application
Files
PLNG P GC 34090(a); Real property records, maintain
Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-06 General Plan & Amendments All elements including the housing element. Includes supporting CEQA
documentation.
PLNG P GC 34090(a); Real property records, maintain
State of California Guidelines; Permanent
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 Exhibit A
City Council/RSA Agenda 78 Tuesday, May 23, 2023
The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-01-07 Specific/Area Plans & Amendments Includes the Hillside Area Plan, DIPSA, and the 511 Plan. Includes supporting
CEQA documentation.
PLNG P GC 34090(a); Real property records, maintain
Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-08 Long Range Plans Includes pedestrian and bicycle plan, climate action plan, design guidelines and
other long range plans. Includes
supporting CEQA documentation.
PLNG P GC 34090; 2 year minimum
State of California Guidelines; Maintain for 2 years
after superseded for long range plans.
Adminstrative Policy: Maintain permanently for
historical tracking and reference.
09-01-09 Zoning Administrator Approval / Denial Letters PLNG P GC 34090(a); Real property records, maintain Administrative Policy: Maintained in paper format
for the current year plus 2 years, then scanned to
electronic format.
09-01-10 Zoning Administrator Staff Reports Similar to a resolution. Signed approval document for a project.
PLNG P GC 34090(a); Real property records, maintain
Administrative Policy: Maintained in paper format
for the current year plus 2 years, then scanned to
electronic format.
City Council/RSA Agenda 79 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-00 Planning Commission Records
09-02-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-02-02 Agenda Packets PLNG CY+10 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
Administrative Policy: Maintain for the current
year plus 10 years for reference.
09-02-03 Staff Reports Includes projects and study sessions (informational reports).
PLNG P GC 34090; 2 year minimum
State of California Guidelines; Maintain for the
Current Year plus 2 years
Maintain in paper format for the current year,
then scan to electronic format.
09-02-04 Minutes Includes desk items and written public comments received at hearings.
PLNG V P GC 34090(e); Minutes of governing bodies,
Permanent
GC 36814; Maintain record of proceedings
GC 40801; Maintain record of proceedings
State of California Guidelines; Permanent
Maintain in paper format for the current year,
then scan to electronic format.
09-02-05 Written Communications Infrequent request for off-agenda topic. PLNG CY+2 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
City Council/RSA Agenda 80 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-06 Resolutions PLNG V P GC 34090(e); Minutes of governing bodies, Permanent
GC 40801-14; Maintain
State of California Guidelines; Permanent
Maintain in paper format for the current year,
then scan to electronic format.
09-02-07 Meeting Recordings PLNG CY+10 GC 34090.7; Video recordings may be destroyed after 90 days.
State of California Guidelines; Current month plus 3
months.
Administrative Policy: Maintain meeting
recordings for the current year plus 10 years for
reference purposes.
City Council/RSA Agenda 81 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-00 Building Records
09-03-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-03-02 Building Permit Application Forms BLDG P GC 34090(a); Real property records, maintain permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
09-03-03 Building Permit Construction Plans,
Commercial
Includes Site Plan, Floor Plan, Structutal
Plans, Structural Calculations, Soils
Reports, Title 24 Energy Report, Land
Surveys, Floodplain Documents for
commercial building projects.
BLDG P GC 34090(a); Real property records, maintain
permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
09-03-04 Building Permit Construction Plans, Tenant
Improvements
Tenant improvement plans within existing
buildings. Includes Site Plan, Floor Plan,
Structutal Plans, Structural Calculations,
Soils Reports, Title 24 Energy Report,
Land Surveys, Floodplain Documents for
commercial building projects.
BLDG AC+10 337.15; 10 years
State of California Guidelines; 10 years after project
completion
Administrative Policy: Maintain tenant
improvements for 10 years after completion
09-03-05 Building Permit Construction Plans,
Residential
Residential construction plans. Includes
Site Plan, Floor Plan, Structutal Plans,
Structural Calculations, Soils Reports, Title
24 Energy Report, Land Surveys,
Floodplain Documents for commercial
building projects.
BLDG CY+10 GC 34090; 2 year minimum requirement
State of California Guidelines; 2 years after project
completion
California Building Code 107.5; 180 days for
approved final plans.
Administrative Policy: Maintain residential
blueprints and plans for the Current Year plus 10
years to meet residential home warranty periods.
City Council/RSA Agenda 82 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
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09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-06 Building Permit Project Documents Special Inspection Reports, PG&E Releases, Plan Check Comments /
Responses, Notice of Intent to Rough
Frame, Request for Use of an Alternate
Material, Manufactured Homes, Fire
related permits and associated
documentation, Hydraulic Calculations,
Request for Waiver for Accessibility
Requirements.
BLDG P GC 34090(a); Permanent for real property records H&S 19850; Building plans - Life of Building, with
exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent for
building permits and applications
09-03-07 Tract Development Construction Plans Includes Site Plan, Floor Plan, Structutal Plans, Structural Calculations, Soils
Reports, Title 24 Energy Report, Land
Surveys, Floodplain Documents for
commercial building projects.
BLDG P GC 34090(a); Real property records, maintain
permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
09-03-08 Residential Construction Plans BLDG AC+10 CCP 337.15; 10 years State of California Guidelines; 10 years after
project completion
09-03-09 Tract Development Project Documents Includes Special Inspection Reports, PG&E Releases, Plan Check
Comments/Responses, Notice of Intent to
Rough Frame, Request for Use of an
Alternate Material, Request for Waiver for
Accessibility Requirements.
BLDG AC+10 CCP 337.15; 10 years
State of California Guidelines; 10 years after
project completion
09-03-10 Monthly Building Reports BLDG CY+5 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus
5 years for building activity logs
09-03-11 Daily Inspection Schedules BLDG CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after
completion
09-03-12 New Address / Address Change Letters Includes electronic copies BLDG P GC 34090(a); Real property records, maintain State of California Guidelines; Permanent
09-03-13 Affidavits from Architects - Permission to
Duplicate
BLDG CY+2 GC 34090; 2 year minimum requirement
City Council/RSA Agenda 83 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-04-00 Neighborhood Preservation Program Records (Code Enforcement) 09-04-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-04-02 Case Files Includes complaints, courtesy notices, notices of violation, citation notices,
citations, notices to abate and inspections
for active and closed cases.
Confidential documents are separated
from public information within the case file
as needed by the City Attorney.
NPP C AC+2 GC 34090; 2 year minimum
State of California Guidelines; 2 years after
correction/completion
09-04-03 Complaint Log Perpetual log in Excel for trending purposes
NPP ACT Transitory Record; Databases are maintained
while active
09-05-00 Environmental Programs & CUPA Division Records 09-05-01 General Information All Depts AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
City Council/RSA Agenda 84 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-02 Site/Facility Permit Documents Hazardous materials storage, hazardous waste, hazardous materials business
plans, underground storage tanks,
Aboveground Petroleum Storage Act
(APSA) tanks and CalARP program
documents. Documents include operating
permits, one time and annual permits,
tiered permit forms, current monitoring
plans, plot plans, annual certification
reports, secondary containment testing
results, upgrade/repair/replacement
permits and records, removal/closure
permits, installation drawings and
documents, reportable unauthorized
release form, return-to-compliance
documents and photographs.
CUPA AC+5 Compliance related documents:
H&S 25200.3; Generator must maintain records
for 5 years onsite
H&S 25123.3; Generator must maintain records for
remediation waste staging
H&S 25160; 3 years for receipts from transporters to
generators
27 CCR 15185(c); 5 years for hazardous waste
enforcement documents
09-05-03 CUPA to State Reports Includes annual surcharge summary report.
CUPA P GC 34090; 2 year minimum requirement
27 CCR 15185(b); maintain indefinitely
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-05-04 State Unified Program Consolidated Forms
(UPCF)
California Electronic Reporting System will
mandate electronic status as of 1/1/2013
CUPA AC+5 27 CCR 15185(c); 5 years for unified program
consolidation forms
09-05-05 Annual Self Audits CUPA AC+5 27 CCR 15185(c); 5 years for self audits City Council/RSA Agenda 85 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-06 State Audit CUPA P GC 34090; 2 year minimum requirement 27 CCR 15185(b); maintain indefinitely
Certified Unified Program Authority (CUPA) performs
audits every 1 to 3 years
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-05-07 Annual CleanWater Report CUPA P GC 34090; 2 year minimum requirement 27 CCR 15185(b); maintain indefinitely
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-05-08 Agency Correspondence Correspondence between federal, state and regional agencies.
CUPA CY+2 GC 34090; 2 year minimum requirement
09-05-09 Cleanwater Program Files Including but not limited to Stormwater Pollution Prevention and Control Plans,
inspection reports, photos, return-tocompliance documents, correspondence to/from the facility, and site closure
documents.
CUPA P GC 34090; 2 year minimum requirement
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
City Council/RSA Agenda 86 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-10 Environmental Clean Up & Remediation
Projects
Records documenting clean up and
remediation efforts on sites identified as
environmental hazards, including but not
limited to correspondence, memos,
reports, regulatory records, consultant
records, design records, stipulations, order
of consent, legal records, confirming
investigation, environmental site
assessment (ESA), remedial investigation
feasibility study (RIFS), remediation action
plan (RA), maintenance and monitoring
plan, project closure notice (notice of
remedial action or no further action (NFA)
and other related records.
CUPA P Compliance related documents:
27 CCR 15185(c); 5 years after correction
State of California Guidelines; State recommends
permanent for environmentally sensitive
documents.
09-05-11 Spill & Cleanup CUPA AC+5 27 CCR 15185(c); 5 years after correction 09-05-12 Groundwater & Soil Monitoring Reports CUPA AC+5 27 CCR 15185(c); 5 years after correction State of California Guidelines; State recommends
permanent for environmentally sensitive
documents.
09-05-13 Standard Operating Procedures CUPA S+5 GC 34090; 2 year minimum CCP 343; 4 years to commence action
Administrative Record, State of California
Guidelines recommends retaining for 5 years
after superseded.
City Council/RSA Agenda 87 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-14 Grants CUPA AC+5* GC 34090; 2 year minimum
24 CFR 84.85, 84.53; 3 years after last funding
report is submitted.
State of California Guidelines; 5 years after grant
closure. State recommends referring to grant
application close-out procedures, if any.
* Refer to grant application close-out procedure
for potential extensions in retention period.
09-05-15 Hazardous Materials Area Plan Annex to the emergency response plan for the City to respond to an incident
specifically related to hazardous materials.
CUPA S+5 GC 34090; 2 year minimum
CCP 343; 4 years to commence action
State of California Guidelines recommends
retaining for 5 years after superseded.
09-06-00 Fire Inspection Records
09-06-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-06-02 Site Correspondence & Miscellaneous FIRE CY+5 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
Administrative Policy: Maintain for 5 years after
completion to coincide with the annual
inspections.
City Council/RSA Agenda 88 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-06-03 Annual Inspection FIRE LOB+5 CFC 103.34 New construction/alterations of buildings; Retain inspection records for 3 years.
IFC 104.6; Retain for 5 years after
renewal/expiration of fire permit
State of California Guidelines; 3 years after
completion of inspection
Administrative Decision: Maintain inspections for
the life of building for history of the facility.
09-06-04 Operational Fire Permits Annual permit also includes the conditions on the building.
FIRE LOB+5 GC 34090; 2 years minimum
State of California Guidelines; 2 years after closure
or completion for California Fire Code Permits
Administrative Policy: Maintain for 5 years after
completion to coincide with the annual
inspections.
09-06-05 One Time Permits Seasonal / temporary permit for christmas tree farms, fireworks booths, pumpkin lots
and other temporary permits.
FIRE AE+2 GC 34090; 2 years minimum
State of California Guidelines; 2 years after
closure or completion for California Fire Code
Permits
09-06-06 Plan Reviews For tenant improvements and new or existing buildings.
P GC 34090; 2 years minimum
State of California Guidelines; 2 years after
closure or completion for California Fire Code
Permits
Administrative Policy: Maintain plan reviews
permanently for history of the property.
City Council/RSA Agenda 89 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
09-01-00 Planning Division Records
09-01-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-01-02 Preliminary Reviews Used to provide initial feedback on proposed projects. Review becomes part
of the formal application unless the project
is abandoned.
PLNG AC+2 GC 34090; 2 year minimum
Administrative Policy: Maintain abandoned
preliminary reviews for 2 years after
abandonment of the project.
09-01-03 Formal Application Files All planning applications and supporting documents for planning submissions.
Includes use permits, variances, site
development review, administrative site
development review, administrative use
permits, supporting CEQA documentation
and legal notices.
PLNG PA CY+10 P P GC 34090a; Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-04 Zoning Map Includes supporting CEQA documentation PLNG PA AP+8 P P GC 34090a; Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-05 Zoning Map/Text Amendment Application
Files
PLNG PA AP+8 P P GC 34090a; Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-05 Zoning Text Amendment Application Files Includes supporting CEQA documentation PLNG PA AP+8 P P GC 34090a; Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 Exhibit B
City Council/RSA Agenda 90 Tuesday, May 23, 2023
The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-01-06 General Plan & Amendments All elements including the housing element. Includes supporting CEQA
documentation.
PLNG PA AP+8 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
09-01-07 General Plan Amendment Application Files Includes supporting CEQA documentation PLNG PA AP+8 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
09-01-07 Specific Plans & Area Plans
Specific/Area Plans & Amendments
Includes the Hillside Area Plan, DIPSA,
and the 511 Plan. Includes supporting
CEQA documentation.
PLNG PA AP+8 P P GC 34090a; Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-09 Specific Plan Amendment Application Files PLNG PA AP+8 P P GC 34090a; Real property records, maintain Permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
State of California Guidelines; Permanent
09-01-08 Long Range Plans Includes pedestrian and bicycle plan, climate action plan, design guidelines and
other long range plans. Includes
supporting CEQA documentation.
PLNG PA AP+8 P P GC 34090; 2 year minimum
State of California Guidelines; Maintain for 2 years
after superseded for long range plans.
Adminstrative Policy: Maintain permanently for
historical tracking and reference.
09-01-09 Zoning Administrator Approval / Denial
Letters
PLNG EL CY+2 P P GC 34090(a); Real property records, maintain Administrative Policy: Maintained in paper
format for the current year plus 2 years, then
scanned to electronic format.
09-01-10 Zoning Administrator Staff Reports Similar to a resolution. Signed approval document for a project.
PLNG EL CY+2 P P GC 34090(a); Real property records, maintain Administrative Policy: Maintained in paper
format for the current year plus 2 years, then
scanned to electronic format.
City Council/RSA Agenda 91 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-00 Planning Commission Records
09-02-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-02-02 Agendas PLNG EL CY 10 CY+10 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
Administrative Policy: Maintain for the current
year plus 10 years for reference.
Maintain in paper format for the current year,
then scan to electronic format.
09-02-03 Agendas - Annotated PLNG PA CY+2 CY+2 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
09-02-02 Agenda Packets PLNG EL CY+2 CY+2 10 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
GC 34090; 2 year minimum
State of California Guidelines; Maintain for the
Current Year plus 2 years
Administrative Policy: Maintain for the current
year plus 10 years for reference.
09-02-03 Staff Reports Includes projects and study sessions (informational reports).
PLNG EL CY P P GC 34090; 2 year minimum
State of California Guidelines; Maintain for the
Current Year plus 2 years
Maintain in paper format for the current year,
then scan to electronic format.
City Council/RSA Agenda 92 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-04 Minutes Includes desk items and written public comments received at hearings.
PLNG V EL CY P P GC 34090e; Minutes of governing bodies, Permanent
GC 36814; Maintain record of proceedings
GC 40801; Maintain record of proceedings
State of California Guidelines; Permanent
Maintain in paper format for the current year,
then scan to electronic format.
09-02-05 Written Communications Infrequent request for off-agenda topic. PLNG PA CY+2 CY+2 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
09-02-06 Resolutions PLNG V PA CY P P GC 34090e; Minutes of governing bodies, Permanent
GC 40801-14; Maintain
State of California Guidelines; Permanent
Maintain in paper format for the current year,
then scan to electronic format.
09-02-09 Study Sessions / Informational Reports PLNG PA CY+2 CY+2 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
09-02-10 Action Memos Reports Planning Commission action to the City Council on use permits and
variances.
PLNG PA CY+2 CY+2 GC 34090; 2 year minimum
State of California Guidelines; Maintain for the
Current Year plus 2 years
09-02-07 Meeting Audio Recordings PLNG EL CM+3 CM+3
CY+10
GC 34090.7; Video recordings may be destroyed
after 90 days.
State of California Guidelines; Current month plus 3
months.
Administrative Policy: Maintain meeting
recordings for the current year plus 10 years for
reference purposes.
City Council/RSA Agenda 93 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-12 Meeting DVD Recordings PLNG EL CM+11 CM+11 GC 34090.7; Video recordings may be destroyed after 90 days.
State of California Guidelines; Current month plus 3
months.
Administrative Policy: Maintain a rotating 12
months for reference purposes.
City Council/RSA Agenda 94 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-00 Public Art Board Records
09-03-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-03-02 Agendas PLNG EL CY 10 CY+10 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
Administrative Policy: Maintain for the current
year plus 10 years for reference.
Maintain in paper format for the current year,
then scan to electronic format.
09-03-03 Minutes Includes desk items and written public comments received at hearings.
PLNG EL CY P P GC 34090e; Minutes of governing bodies,
Permanent
GC 36814; Maintain record of proceedings
GC 40801; Maintain record of proceedings
State of California Guidelines; Permanent
Administrative Policy: Maintain in paper format
for the current year, then scan to electronic
format.
09-03-04 Written Communications PLNG PA CY+2 CY+2 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
09-03-05 Agenda Packets PLNG EL CY+2 CY+2 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
City Council/RSA Agenda 95 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-00 Building Records
09-03-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-03-02 Building Permit Application Forms BLDG PA ACT P P GC 34090a; Real property records, maintain permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
09-03-03 Building Permit Construction Plans,
Commercial
Includes Site Plan, Floor Plan, Structutal
Plans, Structural Calculations, Soils
Reports, Title 24 Energy Report, Land
Surveys, Floodplain Documents for
commercial building projects.
BLDG PA AC+4 P P GC 34090a; Real property records, maintain permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
09-03-04 Building Permit Construction Plans, Tenant
Improvements
Tenant improvement plans within existing
buildings. Includes Site Plan, Floor Plan,
Structutal Plans, Structural Calculations,
Soils Reports, Title 24 Energy Report,
Land Surveys, Floodplain Documents for
commercial building projects.
BLDG PA AC+10 or
LOI
AC+10 or
LOI
337.15; 10 years
State of California Guidelines; 10 years after project
completion
Administrative Policy: Maintain tenant
improvements for 10 years after completion or
for the life of the improvement, whichever is
shorter.
09-03-05 Building Permit Construction Plans,
Residential
Residential construction plans. Includes
Site Plan, Floor Plan, Structutal Plans,
Structural Calculations, Soils Reports,
Title 24 Energy Report, Land Surveys,
Floodplain Documents for commercial
building projects.
BLDG PA CY+2 8 CY+10 GC 34090; 2 year minimum requirement CCP 337.15; 10 years
State of California Guidelines; 10 2 years after
project completion
California Building Code 107.5; 180 days for
approved final plans.
Administrative Policy: Maintain residential
blueprints and plans for the Current Year plus 10
years to meet residential home warranty periods.
City Council/RSA Agenda 96 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-06 Building Permit Project Documents Includes Special Inspection Reports, PG&E Releases, Plan Check Comments /
Responses, Notice of Intent to Rough
Frame, Request for Use of an Alternate
Material, Manufactured Homes, Fire
related permits and associated
documentation, Hydraulic Calculations,
Request for Waiver for Accessibility
Requirements.
BLDG PA AC+4 6 AC+10 P CCP 337.15; 10 years
GC 34090a; Permanent for real property records
H&S 19850; Building plans - Life of Building, with
exceptions
CC 1351; definitions, community property
State of California Guidelines; 10 years after
project completion Permanent for building
permits and applications
09-04-05 Certificates of Occupancy BLDG PA LOB LOB GC 34090a; Real property records, maintain State of California Guidelines; Life of building
09-04-06 Fire Construction Permit Applications Includes Hydraulic Calculations BLDG PA ACT P P GC 34090a; Real property records, maintain permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
09-04-07 Fire Construction Plans Includes Site Plan, Floor Plan, Structutal Plans, Structural Calculations, Soils
Reports, Title 24 Energy Report, Land
Surveys, Floodplain Documents for
commercial building projects.
BLDG PA AC+4 P P GC 34090a; Real property records, maintain permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
Tenant improvement plans within existing
buildings.
BLDG PA AC+10 or
LOI
AC+10 or
LOI
CCP 337.15; 10 years
State of California Guidelines; 10 years after project
completion
Administrative Policy: Maintain tenant
improvements for 10 years after completion or
for the life of the improvement, whichever is
shorter.
Residential construction plans. BLDG PA CY+2 8 CY+10 CCP 337.15; 10 years State of California Guidelines; 10 years after project
completion
Administrative Policy: Maintain residential
blueprints and plans for the Current Year plus 10
years to meet residential home warranty periods.
City Council/RSA Agenda 97 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-04-08 Fire Construction Project Documents Project Related Paperwork - ACWD Water Flow Letter, Specifications
BLDG PA AC+4 6 AC+10 CCP 337.15; 10 years
State of California Guidelines; 10 years after
project completion
09-03-07 Tract Development Construction Plans Includes Site Plan, Floor Plan, Structutal Plans, Structural Calculations, Soils
Reports, Title 24 Energy Report, Land
Surveys, Floodplain Documents for
commercial building projects.
BLDG PA AC+4 P P GC 34090a; Real property records, maintain permanently
GC 4003, 4004; Maintain
H&S 19850; Life of Building, with exceptions
CC 1351; definitions, community property
Tenant improvement plans within existing
buildings.
BLDG PA AC+10 or
LOI
AC+10 or
LOI
CCP 337.15; 10 years
State of California Guidelines; 10 years after project
completion
Administrative Policy: Maintain tenant
improvements for 10 years after completion or
for the life of the improvement, whichever is
shorter.
09-03-08 Residential Construction Plans Residential construction plans. BLDG PA CY+2 8 CY AC+10 CCP 337.15; 10 years State of California Guidelines; 10 years after
project completion
Administrative Policy: Maintain residential
blueprints and plans for the Current Year plus 10
years to meet residential home warranty periods.
09-03-09 Tract Development Project Documents Includes Special Inspection Reports, PG&E Releases, Plan Check
Comments/Responses, Notice of Intent to
Rough Frame, Request for Use of an
Alternate Material, Request for Waiver for
Accessibility Requirements.
BLDG PA AC+4 6 AC+10 CCP 337.15; 10 years
State of California Guidelines; 10 years after
project completion
09-04-11 Manufactured Homes Includes annual permits to operate, emergency preparedness plans,
certificates of compliance, new
manufactured homes installation
acceptance forms and manufactured
home permits.
BLDG PA LOB LOB GC 34090a; Real property records, maintain State of California Guidelines; Life of building
City Council/RSA Agenda 98 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-10 Monthly Building Reports BLDG PA CY+2 3 CY+5 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus
5 years for building activity logs
09-03-11 Daily Inspection Schedules BLDG PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after
completion
09-03-12 New Address / Address Change Letters Includes electronic copies BLDG PA AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
09-03-13 Affidavits from Architects - Permission to
Duplicate
BLDG PA AC+2 8 AC+10
CY+2
GC 34090; 2 year minimum requirement
CCP 337.15; Statute of limitation of 10 years after
project completion
City Council/RSA Agenda 99 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-04-16 Disabled Access Complaints BLDG PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus
2 years for complaint logs
09-04-00 Neighborhood Preservation Program Records (Code Enforcement) 09-04-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-04-02 Case Files Includes complaints, courtesy notices, notices of violation, citation notices,
citations, notices to abate and inspections
for active and closed cases.
Confidential documents are separated
from public information within the case file
as needed by the City Attorney.
NPP C PA AC+3 AC+3 2 GC 34090; 2 year minimum
State of California Guidelines; 2 years after
correction/completion
Administrative Policy: Maintain for 3 years after
correction to coincide with potential for repeated
violations.
09-05-03 Repeat Code Enforcement Violations NPP PA AC+3 AC+3 GC 34090; 2 year minimum State of California Guidelines; 2 years after
correction/completion
Administrative Policy: Maintain complete
property record for 3 years after correction of
repeated violations.
09-04-03 Complaint Log Perpetual log in Excel for trending purposes
NPP EL CY+2 8 CY+10 ACT GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2
years for logs
Administrative Policy: Maintain for the current
year plus 10 years for trending.
Transitory Record; Databases are maintained
while active
09-05-00 Environmental Programs & CUPA Division Records City Council/RSA Agenda 100 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-05-02 Site/Facility Permit Documents Hazardous materials storage, hazardous waste, hazardous materials business
plans, underground storage tanks,
Aboveground Petroleum Storage Act
(APSA) tanks and CalARP program
documents. Documents include operating
permits, one time and annual permits,
tiered permit forms, current monitoring
plans, plot plans, annual certification
reports, secondary containment testing
results, upgrade/repair/replacement
permits and records, removal/closure
permits, installation drawings and
documents, reportable unauthorized
release form, return-to-compliance
documents and photographs.
CUPA PA S+2 P P
AC+5
Compliance related documents:
H&S 25200.3; Generator must maintain records
for 5 years onsite
H&S 25123.3; Generator must maintain records for
remediation waste staging
H&S 25160; 3 years for receipts from transporters to
generators
22 CCR s 66270.50 is 10 years for hazardous waste
permits
27 CCR 15185(c); 5 years for hazardous waste
enforcement documents
State of California Guidelines; Current year plus 10
years for records regarding handling & disposal of
hazardous waste.
Administrative Policy: Maintain permanently for
environmental sensitivity and history of facility.
Site/Facility Permit Documents Site/Facility Correspondence, maps, emergency response plans, training plans,
photos, correspondence to/from the
facility, financial responsibility, designated
operator forms, and Spill Prevention and
Control Countermeasure Plans
AC+2, AR Maintenance & Operations related documents:
GC 34090; 2 year minimum requirement
State of California Guidelines; Current year plus 2
years for maintenance & operation documents.
09-05-03 CUPA to State Reports Includes annual surcharge summary report.
CUPA EL CY+2 P P GC 34090; 2 year minimum requirement
27 CCR 15185(b); maintain indefinitely
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-05-04 State Unified Program Consolidated Forms
(UPCF)
California Electronic Reporting System will
mandate electronic status as of 1/1/2013
CUPA PA AC+2 3 AC+5 27 CCR 15185(c); 5 years for unified program consolidation forms
City Council/RSA Agenda 101 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-05 Annual Self Audits CUPA PA AC+2 3 AC+5 27 CCR 15185(c); 5 years for self audits 09-05-06 State Audit CUPA EL CY+2 P P GC 34090; 2 year minimum requirement 27 CCR 15185(b); maintain indefinitely
Certified Unified Program Authority (CUPA) performs
audits every 1 to 3 years
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-05-07 Annual CleanWater Report CUPA EL AC+2 P P GC 34090; 2 year minimum requirement 27 CCR 15185(b); maintain indefinitely
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-05-08 Agency Correspondence Correspondence between federal, state and regional agencies.
CUPA MX CY+2 P P CY+2 GC 34090; 2 year minimum requirement Administrative Policy: Maintain agency
correspondence permanently for environmental
history tracking.
09-05-09 Cleanwater Program Files Including but not limited to Stormwater Pollution Prevention and Control Plans,
inspection reports, photos, return-tocompliance documents, correspondence to/from the facility, and site closure
documents.
CUPA PA S+2 P P GC 34090; 2 year minimum requirement
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
City Council/RSA Agenda 102 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-10 Environmental Clean Up & Remediation
Projects
Records documenting clean up and
remediation efforts on sites identified as
environmental hazards, including but not
limited to correspondence, memos,
reports, regulatory records, consultant
records, design records, stipulations,
order of consent, legal records, confirming
investigation, environmental site
assessment (ESA), remedial investigation
feasibility study (RIFS), remediation action
plan (RA), maintenance and monitoring
plan, project closure notice (notice of
remedial action or no further action (NFA)
and other related records.
Groundwater and Soil Monitoring Reports
CUPA PA AC+2
AC+2, AR
P P
AC+2, AR
Compliance related documents:
27 CCR 15185(c); 5 years after correction
State of California Guidelines; State
recommends permanent for environmentally
sensitive documents.
Maintenance & Operations related documents:
GC 34090; 2 year minimum requirement
State of California Guidelines; Current year plus
2 years for maintenance & operation documents.
09-05-11 Spill & Cleanup CUPA EL AC+2 3 AC+5 27 CCR 15185(c); 5 years after correction 09-05-12 Groundwater Monitoring - Leaking Tanks
Groundwater & Soil Monitoring Reports
Record maintained by ACWD ACWD
CUPA
PA CY+2 CY+2
AC+5
GC 34090; 2 year minimum requirement
27 CCR 15185(c); 5 years after correction
State of California Guidelines; State
recommends permanent for environmentally
sensitive documents.
09-05-13 Standard Operating Procedures CUPA EL S 5 S+5 GC 34090; 2 year minimum CCP 343; 4 years to commence action
Administrative Record, State of California
Guidelines recommends retaining for 5 years
after superseded.
City Council/RSA Agenda 103 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-14 Grants CUPA PA AC+3 2* AC+5* GC 34090; 2 year minimum 24 CFR 84.85, 84.53; 3 years after last funding
report is submitted.
State of California Guidelines; 5 years after grant
closure. State recommends referring to grant
application close-out procedures, if any.
* Refer to grant application close-out procedure
for potential extensions in retention period.
09-05-15 Hazardous Materials Area Plan Annex to the emergency response plan for the City to respond to an incident
specifically related to hazardous materials.
CUPA EL S P P S+5 GC 34090; 2 year minimum
CCP 343; 4 years to commence action
State of California Guidelines recommends
retaining for 5 years after superseded.
Administrative Policy: Maintain all superseded
versions of the plan permanently for potential
liability.
09-06-13 Employee Training Records HAZWOPR. Maintained by CUPA while active with copies sent to HR for
management.
Employees exposed to hazardous
materials
HR PA AT
AT
5 30
T+5
T+30
GC 34090; 2 year minimum requirement
29 CFR 1910.120; Maintain training for 5 years
29 CFR 1910.1020; 30 years after termination for
exposure records and employee medical records
(per 29 CFR 1910.1020(d)(l)(i))
09-06-04 Billing Collection Data CUPA EL AC+2 3 AC+5 27 CCR 15185(c); 5 years for surcharge billing and collection records
09-06-05 Permitting Including one-time permits and annual permits
CUPA PA CY+2 P P GC 34090; 2 year minimum requirement
State of California Guidelines: Current year plus
2 years, with caveat recommendation of
permanent for environmentally sensitive
documents.
09-06-17 Inspection Reports CUPA PA AC+2 P P 27 CCR 15185(c); 5 years for inspection reports Administrative Policy: Maintain site closure
documents permanently due to environmentally
sensitive information.
City Council/RSA Agenda 104 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-06-18 Enforcement Documents Includes documents resulting from enforcement correction by the facility.
CUPA PA AC+2 P P 27 CCR 15185(c); 5 years for enforcement documents
Administrative Policy: Maintain site closure
documents permanently due to environmentally
sensitive information.
09-06-19 Reporting Workpapers Includes detailed records used to produce the summary reports submitted to the
State.
CUPA PA AC+2 3 AC+5 27 CCR 15185(c); 5 years supporting documents for reports
09-06-20 Site Closure Documents CUPA PA AC+2 P P 27 CCR 15185(c); 5 years for hazardous waste enforcement documents
Administrative Policy: Maintain site closure
documents permanently due to environmentally
sensitive information.
09-06-21 Operating Permits CUPA PA AE+2 P P 27 CCR 15185(c); 5 years for hazardous waste enforcement documents
Administrative Policy: Maintain site closure
documents permanently due to environmentally
sensitive information.
09-06-00 Fire Inspection Records
09-06-01 General Information Includes general subject information, reports and reference documents relating
to the record group, but not associated
with a specific record series already in the
group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated
record series, or creation of a new record series.
Keep while current.
09-06-02 Site Correspondence & Miscellaneous FIRE PA CY+5 CY+5 GC 34090; 2 year minimum State of California Guidelines; Maintain for the
Current Year plus 2 years
Administrative Policy: Maintain for 5 years after
completion to coincide with the annual
inspections.
City Council/RSA Agenda 105 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 The City of Union City
Records Retention Schedules and UFIRST Index ™
09-00-00
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
ECONOMIC & COMMUNITY DEVELOPMENT RECORDS
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOI/LOS - Life of Board, Building, Vehicle, Improvement or System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-06-03 Annual Inspection FIRE PA AC+5 LOB+5 CFC 103.34 New construction/alterations of buildings; Retain inspection records for 3 years.
IFC 104.6; Retain for 5 years after
renewal/expiration of fire permit
State of California Guidelines; 3 years after
completion of inspection
Administrative Decision: Maintain inspections
for the life of building for history of the facility.
09-06-04 Operational Fire Permits Annual permit also includes the conditions on the building.
FIRE PA AE+5 LOB+5 GC 34090; 2 years minimum
State of California Guidelines; 2 years after closure
or completion for Uniform California Fire Code
Permits
Administrative Policy: Maintain for 5 years after
completion to coincide with the annual
inspections.
09-06-05 One Time Permits Seasonal / temporary permit for christmas tree farms, fireworks booths, pumpkin lots
and other temporary permits.
FIRE PA AE+2 AE+2 GC 34090; 2 years minimum
State of California Guidelines; 2 years after
closure or completion for California Fire Code
Permits
09-06-06 Plan Reviews For tenant improvements and new or existing buildings.
P GC 34090; 2 years minimum
State of California Guidelines; 2 years after
closure or completion for California Fire Code
Permits
Administrative Policy: Maintain plan reviews
permanently for history of the property.
09-07-08 Invoicing For annual inspections and the permits FIRE PA CY+5 CY+5 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after audit
Administrative Policy: Maintain for the current
year plus 5 years to coincide with the permits.
City Council/RSA Agenda 106 Tuesday, May 23, 2023 ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. REV 5/12/2023 Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITYAND RECREATION SERVICES
DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP)
GRANT, IN THE AMOUNT OF $122,203, FROM THE STATE OF
CALIFORNIA, HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC), TO ADDRESS IMMEDIATE HOMELESS CHALLENGES, TO
PROVIDE EAST COUNTY SAFE PARKING OPERATING SUBSIDIES AND SERVICES, AND AMMENDING the FISCALYEAR 2022-2023 HHAP GRANT
FUND BUDGET
The City was awarded $122,203 in block grant funding administered through the State of California, Homeless Coordinating and Finance Council (“HCFC”) as part of the Homeless Housing, Assistance and Prevention Program (“HHAP”) Grant to address immediate homeless challenges. The funds will provide reimbursement for East County Safe Parking operating subsidies and services through Union City’s CAREavan program.
Staff recommends the City Council adopt a resolution accepting the HHAP grant funds and amending the FiscalYear 2022-2023 HHAP Grant Fund budget.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations and Alameda County.
BACKGROUND
In 2019, Union City applied to the State of California HCFC for HHAP grant funds to provide creative and effective solutions for addressing the critical issue of homelessness in one or more core service categories: 1) Outreach, Engagement, and Benefits Enrollment; 2) Health and Supportive Services; and/or 3) Housing and Property Related Services.
City Council/RSA Agenda 107 Tuesday, May 23, 2023
DISCUSSION
On October 21, 2022, the City received a Letter of Intent to award a contract for $122,203 in HHAP grant funds. The funding is to provide the City reimbursement for costs associated with the Safe Parking program to provide safe overnight parking for families and individuals currently homeless and living in their vehicles; and help participants transition to permanent housing through referrals and services in Union City. The Agreement was executed on December 22, 2022, although the funding term is October 1, 2022, to June 30, 2023.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The HHAP grant funding of $122,203 will provide reimbursement for East County Safe Parking operating subsidies and services for the unhoused through Union City’s CAREavan program. The funds will be accounted for in the HHAP Grant Fund - 2460.
RECOMMENDATION
It is recommended that the City Counciladopt a resolution:
1. Authorizing the acceptance of the HHAP grant, in the amount of $122,203, to address immediate homeless challenges through the CAREavan Overnight Safe Parking Program; and 2 . Amending the FY 2022-2023 HHAP Grant Fund budget by increasing the revenue projection in Account Number 2460-51041-44270 (HHAP Grant Fund – HHAP Grant – HHAP Grant) by $122,203; and
3. Amending the FY 2022-2023 HHAP Grant Fund budget by appropriating $122,203 to Account Number 2460- 5140-51041-54111 (HHAP Grant Fund – HHAP – HHAP Grant – Contractual Services).
Prepared by:
Corina Hahn, Community And Recreation Services Director Submitted by:
Corina Hahn, Community And Recreation Services Director ATTACHMENTS:
Description Type
Resolution - HHAP Grant Resolution
Exhibit A -Award Letter Exhibit
City Council/RSA Agenda 108 Tuesday, May 23, 2023
RESOLUTION NO. ____ - 2023
ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP) GRANT, IN THE AMOUNT OF $122,203, FROM THE STATE OF CALIFORNIA, HOMELESS
COORDINATING AND FINANCING COUNCIL (HCFC), TO ADDRESS IMMEDIATE
HOMELESS CHALLENGES, TO PROVIDE EAST COUNTY SAFE PARKING
OPERATING SUBSIDIES AND SERVICES, AND AMENDING THE FISCAL YEAR 2022-2023 HHAP GRANT FUND BUDGET
WHEREAS, in 2019, the State of California, Homeless Coordinating and Finance Council (“HCFC”) announced funding as part of the Homeless Housing, Assistance and Prevention Program (“HHAP”) Grant to address immediate homeless challenges; and WHEREAS, on October 21, 2022 , the City of Union City (City) received a Letter of Intent (LOI) awarding $122,203 in HHAP grant funds to provide the City reimbursement for costs associated with the Safe Parking program to provide safe overnight parking for families and individuals currently homeless and living in their vehicles; and help participants transition to permanent housing through referrals and services in Union City; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes acceptance of the HHAP grant funds in the amount of $122,203, as attached hereto; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2022-2023 HHAP Grant Fund budget by increasing the revenue projection in Account Number 2460-51041-44270 (HHAP Grant Fund – HHAP Grant – HHAP Grant) by $122,203; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2022-2023 HHAP Grant Fund budget by appropriating $122,203 to Account Number 2460-5140-51041-54111 (HHAP Grant Fund – HHAP – HHAP Grant – Contractual Services); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager, or her designee, to execute any and all agreements necessary to accept the grant, in a form approved by the City Attorney, and take any other such action as is necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:
AYES:
City Council/RSA Agenda 109 Tuesday, May 23, 2023
Resolution No. XXXX-23
NOES:
ABSTAIN:
ABSENT:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 110 Tuesday, May 23, 2023
ALAMEDA COUNTY
HEALTH CARE SERVICES
AGENCY
COLLEEN CHAWLA, Director
OFFICE OF THE AGENCY DIRECTOR
1000 San Leandro Boulevard, Suite 300
San Leandro, CA 94577
TEL (510) 618-3452
FAX (510) 351-1367
October 21, 2022
Carmela Campbell
City of Union City
34009 Alvarado-Nile Road
Union City, CA 94587
SUBJECT: CONTRACT OPPORTUNITY: ACTION NEEDED BY 2PM ON 10/26/22: HOUSING SOLUTIONS
FOR HEALTH VENDOR POOL
Dear Carmela:
Thank you for your participation in the Housing Solutions for Health Vendor Pool. Alameda County’s Health Care Services Agency (HCSA), Office of Homeless Care and Coordination (OHCC) would like to offer you an opportunity to establish a contract for approximately $122,203 for the term 10/01/22— 6/30/23 to provide services within category 1: Outreach, Engagement and Benefits Enrollment, and 2:
Health and Supportive Services. A short description of the scope of work includes:
Vendor shall implement a Safe Parking program to provide safe overnight parking for families and individuals currently homeless living in their vehicles. As well as help participants transition to permanent housing through referrals and services in Union City.
A contract will be dependent upon the successful conclusion of negotiations on budget and contract terms. The County is unable to pay for goods and services received without a signed contract.
Please acknowledge your receipt of this notification by responding via email to [email protected] by 2:00 pm on Wednesday, October 26, 2022, to either (a) confirm your interest in beginning budget and contract terms negotiations or (b) decline the opportunity. If we do not hear from you by 2:00 pm on October 26, 2022, we may interpret your lack of response as a declination of this opportunity.
Sincerely,
On behalf of Maria Smith, MPA
Housing Solutions for Health Vendor Pool Administrator
City Council/RSA Agenda 111 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHIEF JARED RINETTI
SUBJECT: ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF
UNION CITYAPPROVING AND RE-ADOPTING A MILITARY
EQUIPMENT USE POLICYAS STATED IN CHAPTER 2.62, "MILITARY EQUIPMENT USE POLICY" OF THE UNION CITY MUNICIPAL CODE IN COMPLIANCE WITHASSEMBLY BILL 481
On May 9, 2023, the City Council held a public hearing and unanimously voted to introduce an Ordinance approving and re-adopting a military equipment use policy. Staff now recommends that the City Council waive further reading and adopt the ordinance in compliance with AB 481.
STRATEGIC PLAN ALIGNMENT
Goal C: Economic, Community development and Public Safety Strategy 13:Align public safety services with community needs
BACKGROUND
Effective January 1, 2022, Assembly Bill 481 (AB 481) was enacted and can be referenced in Government Code (GC) section 7070 through 7075. AB 481 requires the City of Union City Police Department (UCPD) obtain annual City Councilapproval of a military equipment use policy by Ordinance before purchasing, raising funds for, acquiring or using "military equipment" as defined in Government Code §7070(c).
Under AB 481, the City Council must annually review a Military Equipment Annual Use Report and proposed Military Equipment Use Policy during a City Council meeting and may only re-approve the policy if it makes specific findings regarding the equipment including safeguards, cost effectiveness, reasonableness of use, and fiscal impact.
In compliance with AB 481, UCPD submitted its previously approved Military Equipment Use Policy 709 City Council/RSA Agenda 112 Tuesday, May 23, 2023
(Policy) and Annual Use Report to City Counciland released these items to the community via its webpage at least thirty (30) days prior to City Council’s consideration of the agenda item, in compliance with Government Code §7071(b). A public community meeting was held on March 28, 2023, within thirty (30) days of release of the Annual Use Report in compliance with Government Code §7072(b).
DISCUSSION
On May 9, 2023, following a public hearing, the City Council voted unanimously to introduce by title only an Ordinance to approve and re-adopt a Military Equipment Use Policy as stated in Chapter 2.62, “Military Equipment Use Policy” of the Union City Municipal Code. This ordinance confirms City Council’s approval of the proposed Policy establishing procedures associated with the continued and future use of military equipment by the Union City Police Department.
Should the City Councilchoose to waive the further reading and adopt the ordinance approving and readopting the Military Equipment Use Policy, the ordinance would be effective thirty days from the second reading.
FISCAL IMPACT
There is no impact to the General Fund. Ongoing compliance with the provisions of AB 481 will be managed by existing staff through the adopted budget.
RECOMMENDATION
Staff recommends the City Council waive further reading and adopt an Ordinance approving and re-adopting a Military Equipment Use policy as stated in Chapter 2.62, “Military Equipment Use Policy” of the Union City Municipal Code in compliance with AB 481.
Prepared by:
Lieutenant Andrew Holt
Submitted by:
Captain Travis Souza
ATTACHMENTS:
Description Type
Military Equipment Ordinance Ordinance
City Council/RSA Agenda 113 Tuesday, May 23, 2023
ORDINANCE NO. 2023-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE POLICY AS STATED IN CHAPTER 2.62 “MILITARY EQUIPMENT USE POLICY” OF THE UNION CITY MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070(c); and
WHEREAS, the policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the police department’s use of such equipment; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code section 7071(d); and
WHEREAS, on June 14, 2022, the City Council adopted Ordinance 899-22 approving and adopting a military equipment use policy identified as Union City Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code Section 7071(d); and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
City Council/RSA Agenda 114 Tuesday, May 23, 2023
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and City Council/RSA Agenda 115 Tuesday, May 23, 2023
WHEREAS, the Union City Police Department’s annual military equipment report and policy was posted on the department’s internet website on February 27, 2023 and no more than thirty (30) days prior to the well-publicized public meeting concerning the renewal of the military equipment on March 28, 2023, at issue in compliance with Government Code Section 7072 (b); and
WHEREAS, the Union City Police Department seeks renewal of Policy 709, presented to the City Council at a public hearing on May 9, 2023; and
WHEREAS, the City Council of the City of Union City, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Union City Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Union City Police Department Policy 709.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. Determinations.
Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:
1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).
2. The Union City Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
3. The Union City Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
4. The military equipment identified in the Union City Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.
5. Prior military equipment use by the Union City Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
City Council/RSA Agenda 116 Tuesday, May 23, 2023
6. The Union City Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.
SECTION 3. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. CEQA.
Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 5. Publication and Effective Date.
Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
5320276.1
City Council/RSA Agenda 117 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CORINAHAHN, COMMUNITYAND RECREATION SERVICES
DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
PRIVATE DONATION TO THE COMMUNITY & RECREATION SERVICES DEPARTMENT, IN THE AMOUNT OF $10,000
Staff recommends that the City Counciladopt a resolution authorizing the acceptance of a private donation to the Community & Recreation Services Department, in the amount of $10,000.
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.
BACKGROUND
The Community & Recreation Services Department received a private donation in the amount of $10,000 from the family of the late Judy Cain. Judy Cain was a long-time Union City resident who worked for the City of Union City for nearly fifty (50) years. As an employee for the City, Judy worked for the Community & Recreation Services Department and was the heart and smile that welcomed decades of residents, visitors, and children to enjoy the best of Union City parks, facilities and recreation programs. Judy was a role model to all City employees by providing stellar customer service and taking pride in helping the public. Judy was a strong believer of the importance of providing Union City residents quality programs, memorable activities, and wellmaintained parks and facilities.
DISCUSSION
Monies received from the late Mrs. Judy Cain’s family will be used tin the future once the City decided how to best use this generous donation in memory of Judy Cain. Therefore, staff is only requesting that the funds be accepted at this time.
City Council/RSA Agenda 118 Tuesday, May 23, 2023
FISCAL IMPACT
There is no anticipated impact to General Fund.
RECOMMENDATION
Staff recommends that City Counciladopt a resolution:
1. Authorizing the acceptance of donated funds to the Community & Recreation Services Department in the amount of $10,000; and
2. Amending the FY 2022-2023 CRS Leisure Revolving Fund (LRF) budget by increasing the revenue projection in Account Number 2410-52001-47105 (CRS Leisure Revolving Fund – LRF Administration - Donations) by $10,000.
Prepared by:
Corina Hahn, Community and Recreation Services Director Submitted by:
Corina Hahn, Community and Recreation Services Director ATTACHMENTS:
Description Type
Resolution for Cain Donation Resolution
City Council/RSA Agenda 119 Tuesday, May 23, 2023
RESOLUTION NO. XXXX-23
RESOLUTION NO. XXXX-23
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PRIVATE
DONATION TO THE COMMUNITY & RECREATION SERVICES
DEPARTMENT IN THE AMOUNT OF $10,000
WHEREAS, the Community & Recreation Services Department received a private donation, in the amount of $10,000, from the family of the late Judy Cain, who was a Union City resident and an employee for the City of Union City’s Community & Recreation Services Department for close to 50 years; and
WHEREAS, it is the desire of the Community & Recreation Services Department to utilize these funds to support and enhance ongoing programs and activities of Community & Recreation Services in memory of Judy Cain; and
WHEREAS, the City Council authorizes the City to accept this generous donation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2022-2023 CRS Leisure Revolving Fund (LRF) budget by increasing the revenue projection in Account Number 2410-52001-47015 (CRS Leisure Revolving Fund – LRF Administration – Donations) by $10,000.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 120 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AWARDING A CONTRACT TO MV TRANSPORTATION, INC.,
FOR THE OPERATIONS AND MAINTENANCE OF DUMBARTON EXPRESS
TRANSBAY BUS SERVICE ON BEHALF OF THE DUMBARTON BRIDGE REGIONAL
OPERATIONS CONSORTIUM (DBROC) WITH A FULL CONTRACT PERIOD AMOUNT NOT TO EXCEED $17,676,575.87, FUNDED WITH REGIONAL MEASURE 2
VOTER APPROVED FUNDS ADMINISTERED BY THE ALAMEDA-CONTRA COSTA
TRANSIT DISTRICT (AC TRANSIT), AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT IN A FORM APPROVED BY THE CITYATTORNEY, AND
ASSIGNING THE CONTRACT ADMINISTRATION TO AC TRANSIT FOR THE
DURATION OF THE CONTRACT
Staff recommends that the City Council adopt a resolution awarding a contract with MV Transportation, Inc., for the operations and maintenance of Dumbarton Express Transbay Bus Service on behalf of the Dumbarton Bridge Regional Operations Consortium (DBROC) in a full contract period amount not to exceed $17,676,575.87 funded with Regional Measure 2 voter approved funds administered by the Alameda-Contra Costa Transit District (AC Transit), authorizing the City Manager to execute the contract in a form approved by the City Attorney, and assigning the contract administration to AC Transit for the duration of the contract.
STRATEGIC PLAN ALIGNMENT
Goal: No specifical goal is applicable;
Strategy: No specific strategy is applicable.
BACKGROUND
The Dumbarton Bridge Regional Operations Consortium (DBROC) is comprised of five (5) agencies: Alameda-Contra Costa Transit District (AC Transit), San Francisco Bay Area Rapid Transit District (BART), City of Union City (Union City), San Mateo County Transit District (SamTrans), and Santa Clara Valley Transportation Authority (VTA). The DBROC oversees the operation of the Dumbarton Express (DBX) Transbay bus service that connects Union City BART and Palo Alto, including the Palo Alto Veterans Hospital, the Palo Alto Caltrain Station, Stanford University, and Stanford Industrial Park. In the past, each of these agencies has contributed financially to the DBX operations and maintenance of the service either through contract or in-house. When the San Francisco Bay Area passed Regional Measure 2 (RM2), the financial burden was removed from the agencies.
City Council/RSA Agenda 121 Tuesday, May 23, 2023
The San Mateo County Transit District (SamTrans) last went out for a competitive Request for Proposals (RFP) for an operations and maintenance contract on behalf of the DBROC in 2011. The consortium received multiple competitive bids at the time and MV Transportation, Inc. was ultimately selected. The base contract was five (5) years with an option for five (5) one (1)-year extensions ending December 2021. SamTrans assigned the contract to AC Transit for administration and oversight of the contract. All options for this contract were executed and two (2) additional amendments were issued to allow Union City to issue a Request for Proposal (RFP) on behalf of the DBROC. The current contract extension with MV Transportation, Inc., willexpire on June 30, 2023.
On behalf of DBROC, AC Transit engaged Union City Transit to assist in the RFP process. As a partner, Union City Transit issued the RFP on February 25, 2023.
DISCUSSION
Proposal Contents
Union City issued an RFP for operating the DBX service as two (2) guaranteed weekday fixed-route transbay bus routes with an option for a third bus route between Fremont BART and Palo Alto currently operated as AC Transit Line U. The RFP also requires that any proposer include maintenance of all buses and provide their own maintenance facility.
Process
Union City Transit staff issued RFP 21-14 on Saturday, February 25, 2023, for a responsible and responsive contractor to operate the Dumbarton Express (DBX) service for a base of one and one-half (1.5) years with three (3) one (1) year options.
The RFP 21-14 was published to the City’s bid website, publicly advertised on TransitTalent.com (a transit industry website), and posted on both the California Transit Association and the California Association of Coordinated Transit websites.
Notifications to parties who had indicated an interest in RFP 21-14 prior to its release were also notified by email with a link to the City’s bid website.
Union City staff hosted an online pre-proposal meeting on Thursday, March 2, 2023, at 10:00 a.m. The meeting was recorded and posted on the City’s bid website.
Questions by interested proposers were due to Union City staff on Thursday, March 9, 2023, by 4:00 p.m. Staff received 94 questions and posted responses to the questions on the City’s bid website to on Monday,. March 20, 2023. The City also emailed responses to the prospective bidders that submitted the questions.
Proposals were due to Union City Transit staff on Tuesday, April 11, 2023, by 2:00 p.m.
Result of Process
By the deadline, Union City Transit received two (2) proposals from responsive and responsible proposers. The proposers are National Express Transit Corporation, (Lisle, IL), aka. NE, and MV Transportation, Inc., (Dallas, TX), aka. MV Transit.
Proposal Review
A review committee was established that was comprised of Union City staff, AC Transit staff, SamTrans staff, BART staff, and VTA staff to review the two (2) proposals. All reviewers have an interest in the outcome of the RFP. A formal review process was conducted where each proposal was scored using the following point scale:
Criteria Points
Company's Experience and Financial Qualifications 25
Staffing and Training 20
Mobilization/Operational/Preventive Maintenance Plan 25 City Council/RSA Agenda 122 Tuesday, May 23, 2023
Mobilization/Operational/Preventive Maintenance Plan 25 Use of Qualified Employees of prior Contractor 10
Cost Proposal- Total Cost for One and One Half Year Base Term 15 Cost Proposal-Total Cost for Three One-Year Option Years 5 TOTAL POSSIBLE POINTS 100
The California Labor Code Section 1070 et seq. establishes a ten percent (10%) bidding preference for contractors who agree to retain, for a period of at least ninety (90) days, certain employees who provided essentially the same services as the current contractor. In this RFP, it is evaluated as a ten (10)-points within the 100-point scale as shown above.
Each proposal received the following scores:
Criteria NE MV
Company's Experience and Financial Qualifications 21.4 25 Staffing and Training 17.2 18
Mobilization/Operational/Preventive Maintenance Plan 22.4 24 Use of Qualified Employees of prior Contractor 10 10
Cost Proposal- Total Cost for One and One Half Year Base Term 7.6 14.2 Cost Proposal-Total Cost for Three One-Year Option Years 2.6 4.4 TOTAL POINTS 81.2 95.6
Pricing
Union City issued the RFP for proposers to calculate pricing according to calendar year (CY) from January 1 through December 31 instead of the traditional fiscal year (FY) from July 1 through June 30 for consistency with the current contract format. Both MV Transportation and National Express complied with this requirement.
With MV Transportation’s overall proposal scoring higher than that of National Express’s, the DBROC began negotiations with MV Transportation staff regarding some of the elements in the proposal and requested a best and final offer (BAFO). MV Transportation did submit a BAFO with all three (3) lines included as shown in the table below.
Contract Year Estimated
Daily
Revenue
Hours (a)
Service Days for Year or Half-Year(b) Cost per Vehicle Revenue Hour(c)
Estimated
Cost per Year
or Half-Year
(d)=(a)x(b)x(c)
Year 0.5
(07/01-
12/31/2023)
122.86 127 $117.14 $1,827,761.19
Year 1
(01/01-
12/31/2024)
122.86 254 $118.97 $3,712,630.17
First Option
Year
(01/01-
12/31/2025)
122.86 254 $122.89 $3,834,959.41
Second Option
Year
(01/01-
12/31/2026)
122.86 254 $130.02 $4,057,461.33
Third Option
Year
(01/01-
12/31/2027)
122.86 254 $135.99 $4,243,763.78
Grand Total Cost for Four and One-Half Years--Sum of (d) $17,676,575.87 City Council/RSA Agenda 123 Tuesday, May 23, 2023
Funding
All funding for the Dumbarton Express comes from voter approved Regional Measure 2 (RM2) funds administered by AC Transit through the Metropolitan Transportation Commission (MTC).
Union City has no financial obligation to the operation.
Administration of Contract
Since AC Transit is the administrator of the RM2 funds through MTC to pay for the Dumbarton Express currently and has been the administrator of the current contract as assigned by SamTrans, Union City staff will assign this contract to AC Transit for continuity of administration and enforcement of its provisions.
FISCAL IMPACT
There will be no impact to Union City Transit enterprise funds and no impact on the Union City General Fund. As noted above, all funding for the Dumbarton Express comes from voter approved Regional Measure 2 (RM2) funds administered by AC Transit through the Metropolitan Transportation Commission (MTC).
RECOMMENDATION
Staff recommends that the City Council adopt a resolution awarding a contract with MV Transportation, Inc., for the operations and maintenance of Dumbarton Express Transbay Bus Service on behalf of the Dumbarton Bridge Regional Operations Consortium (DBROC) in a full contract period amount not to exceed $17,676,575.87 funded with Regional Measure 2 voter approved funds administered by the Alameda-Contra Costa Transit District (AC Transit), authorizing the City Manager to execute the contract in a form approved by the City Attorney, and assigning the contract administration to AC Transit for the duration of the contract.
Prepared by:
Flore Mountsambote, Assistant Transit Planner
Steve Adams, Transit Manager
Submitted by:
Marilou, Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution - DBROCMVTransit Agreement Resolution
Exhibit A - DBROCMVTransit Agreement Exhibit
Exhibit B- MVTransit Proposal Exhibit
Exhibit C- MVTransit BAFO Exhibit
City Council/RSA Agenda 124 Tuesday, May 23, 2023
RESOLUTION NO. XXXX-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AWARDING A CONTRACT TO MV TRANSPORTATION, INC., FOR THE OPERATIONS AND
MAINTENANCE OF DUMBARTON EXPRESS TRANSBAY BUS SERVICE ON BEHALF OF
THE DUMBARTON BRIDGE REGIONAL OPERATIONS CONSORTIUM (DBROC) WITH A FULL CONTRACT PERIOD AMOUNT NOT TO EXCEED $17,676,575.87, FUNDED WITH REGIONAL MEASURE 2 VOTER APPROVED FUNDS ADMINISTERED BY THE
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT (AC TRANSIT), AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT IN A FORM APPROVED BY THE CITY
ATTORNEY, AND ASSIGNING THE CONTRACT ADMINISTRATION TO AC TRANSIT
FOR THE DURATION OF THE CONTRACT
WHEREAS, Union City is a member of the Dumbarton Bridge Regional Operations Consortium (DBROC) that is comprised of five (5) agencies: Alameda-Contra Costa Transit District (AC Transit), San Francisco Bay Area Rapid Transit District (BART), City of Union City (Union City), San Mateo County Transit District (SamTrans), and Santa Clara Valley Transportation Authority (VTA); and
WHEREAS, the DBROC oversees the operation of the Dumbarton Express (DBX) Transbay bus service that connects Union City with Palo Alto; and WHEREAS, the DBX is currently operated under a contract with MV Transportation, Inc. set to expire on June 30, 2023; and
WHEREAS, Union City staff issued Request for Proposal (RFP) 21-14 on Saturday, February 25, 2023 on behalf of the DBROC, for a responsible and responsive contractor to operate and maintain the DBX; and
WHEREAS, Union City received two (2) proposals from responsive and responsible proposers. The proposers are National Express Transit Corporation, (Lisle, IL), aka. NE, and MV Transportation, Inc., (Dallas, TX), aka. MV Transit. by the Tuesday, April 11, 2023, 2:00 pm deadline; and
WHEREAS, a review committee was established that was comprised of Union City staff, AC Transit staff, SamTrans staff, BART staff, and VTA staff to review the two (2) proposals; and WHEREAS, the reviewers selected MV Transportation as the contractor to operate and maintain DBX; and
WHEREAS, the DBROC requested a best and final offer (BAFO) from MV Transportation; and
WHEREAS, MV Transportation’s proposed pricing for all four and on half (4.5) years is as follows:
City Council/RSA Agenda 125 Tuesday, May 23, 2023
Resolution No. XXXX-23
Contract Year Estimated
Daily Revenue
Hours (a)
Service Days
for Year or
Half-Year (b)
Cost per Vehicle
Revenue
Hour (c)
Estimated Cost
per Year or
Half-Year
(d)=(a)x(b)x(c)
Year 0.5
(07/01-12/31/2023)
122.86 127 $117.14 $1,827,761.19
Year 1
(01/01-12/31/2024)
122.86 254 $118.97 $3,712,630.17
First Option Year
(01/01-12/31/2025)
122.86 254 $122.89 $3,834,959.41
Second Option Year
(01/01-12/31/2026)
122.86 254 $130.02 $4,057,461.33
Third Option Year
(01/01-12/31/2027)
122.86 254 $135.99 $4,243,763.78
Grand Total Cost for Four and One‐Half Years‐‐Sum of (d) $17,676,575.87 ; and
WHEREAS, all funding for the Dumbarton Express comes from voter approved Regional Measure 2 (RM2) funds administered by AC Transit through the Metropolitan Transportation Commission (MTC); and
WHEREAS, the Agreement (Exhibit A), MV Transportation’s proposal (Exhibit B), and MV Transportation’s BAFO (Exhibit C) are included with this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards a contract with MV Transportation, Inc., (Dallas, TX) for the operations and maintenance of Dumbarton Express (DBX) Transbay bus service, Request for Proposal (RFP) 21- 14, for a base period of one (1) year six (6) months starting July 1, 2023, and ending December 31, 2024, with three (3) one (1) year options starting January 1, 2025, and ending December 31, 2027, in a full contract amount not to exceed $17,676,575.87 funded with Regional Measure 2 voter approved funds administered by the Alameda-Contra Costa Transit District (AC Transit) through the Metropolitan Transportation Commission (MTC); and authorizing the City Manager to execute the contract in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby assigns the awarded contract to the Alameda-Contra Costa Transit District (AC Transit) for continuity of administration and enforcement of its provisions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:
City Council/RSA Agenda 126 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 1 of 93
AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
MV TRANSPORTATION, INC.
FOR THE OPERATION AND MAINTENANCE OF DUMBARTON EXPRESS, CITY PROJECT NO. 21-14
This Agreement for the Operations and Maintenance of the Dumbarton Express (DBX) Transbay bus service is made by and between the City of Union City, a municipal corporation, (“City”) and MV Transportation, Inc., a corporation, with office located at 2711 N. Haskell Ave Suite 1500, LB-2 Dallas, TX 75204, (“Contractor”), (together referred to as the “Parties”) as of July 1, 2023 (the “Effective Dates”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Dates through December 31, 2024, inclusive, with a mutual option to extend up to three (3) additional years starting January 1, 2025 and ending December 31, 2027. Contractor shall commence service operations on the Effective Dates, and continue operations through December 31, 2024. Contractor shall complete the work described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor’s obligations hereunder.
1.5 Federal Required Clauses. Because the services described in Exhibit A may be funded with federal transit funds, Contractor is required to comply and hereby agrees to comply with the provisions of the Labor Code applicable by transit operators, as set forth in Exhibit C.
1.6 State and Local Requirements. Because the services described in Exhibit A are funded with regional transit funds, Contractor is required to comply and hereby agrees to comply with the provisions of the Labor Code applicable by transit operators, as set forth in Exhibit D.
City Council/RSA Agenda 127 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 2 of 93
Section 2. COMPENSATION. Dumbarton Bridge Route Operations Consortium (DBROC), in which the City is a member agency, hereby agrees to pay Contractor in consideration for its services as described herein a total amount not to exceed $1,827,761.19 for Year 0.5 from July 1 to December 31, 2023 and $3,712,630.17 for Year 1 from January 1 to December 31, 2024, for the base period notwithstanding any contrary indications that may be contained in Contractor’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s cost proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. DBROC shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from DBROC to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to DBROC in the manner specified herein. Except as specifically authorized by DBROC in writing, Contractor shall not bill DBROC for duplicate services performed by more than one (1) person.
Contractor and DBROC acknowledge and agree that compensation paid by DBROC to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor.
Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City nor DBROC therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
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Agreement between City of Union City
and MV Transportation, Inc. Page 3 of 93
• A description of the services provided for the billing period, including the total number of hours of work performed under the Agreement by Contractor; • The Contractor’s signature.
2.2 Monthly Payment. DBROC shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
DBROC shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
2.3 Final Payment. DBROC shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to DBROC of a final invoice if all services required have been satisfactorily performed.
2.4 Total Payment. DBROC shall pay for the services to be rendered by Contractor pursuant to this Agreement. DBROC shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. DBROC shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are not chargeable to DBROC. Reimbursable expenses shall not include a mark-up and are billed as a direct cost. In no event shall expenses be advanced by the DBROC to the Contractor. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the DBROC or Contractor terminates this Agreement pursuant to Section 8, the DBROC shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed through the effective date of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
City Council/RSA Agenda 129 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 4 of 93
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any new services or incur any new costs whatsoever under the terms of this Agreement until receipt of authorization from the Agreement Administrator.
2.10. Business License. The Contractor is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Contractor applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all administration and maintenance facilities, parking facilities, and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
In no event shall DBROC be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS & BONDS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types, and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to DBROC of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the DBROC. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to the DBROC that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$10,000,000 per occurrence;
Bodily Injury and Property
Damage
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Agreement between City of Union City
and MV Transportation, Inc. Page 5 of 93
B Commercial or Business
Automobile Liability
All owned vehicles hired or
leased vehicles, non-owned,
borrowed, and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$10,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage. Shall
include Uninsured Motorist
and Personal Injury Protection
with coverage limits as
required by law.
C Collision and Comprehensive
Insurance
For the actual cash value of
DBROC provided vehicles.
Such insurance shall contain
deductibles of not more than
five thousand dollars
($5,000). The DBROC
member agencies shall be
listed as the Loss Payee.
Contractor may elect to selfinsure this coverage.
D Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Contractor may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the DBROC member
agencies and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement.
City Council/RSA Agenda 131 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 6 of 93
D Professional Liability/Errors
& Omissions
$1,000,000 per occurrence
$2,000,000 policy aggregate;
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers, and representatives.
c. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice has been provided to the DBROC.
e. Certificates of Insurance: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The DBROC reserves the rights to require the Contractor to provide complete copies of all required insurance policies.
f. Subcontractors: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
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Agreement between City of Union City
and MV Transportation, Inc. Page 7 of 93
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the DBROC for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII or through a qualified self-insurance program approved by the state of California. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better or with a qualified self-insurance program approved by the state of California. Acceptance of Contractor’s insurance by DBROC shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. b. Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of DBROC for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the DBROC, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4, except Professional Liability, shall include a “wasting” policy limit (i.e., limit that is eroded by the cost of defense). d. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Contractor, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies the DBROC may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, DBROC may, at its sole option exercise any of the following remedies, which are alternatives to other remedies DBROC may have and are not the exclusive remedy for Contractor’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
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Agreement between City of Union City
and MV Transportation, Inc. Page 8 of 93
• Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
4.5 Performance Bond. Prior to commencing services under this Agreement Contractor shall submit a performance bond, payable to the City of Union City and guaranteed by the Contractor and a surety company licensed to do business as such in the State of California.
The performance bond shall be in a form approved by the City Attorney and shall be in the amount of amount equal to ten percent (10%) of the total aggregate proposed price of the one and one-half year base term cost and which shall at all times be kept in full force and effect. The condition of such bond shall be that Contractor shall fully and faithfully perform all conditions and covenants of this Agreement or that the face amount of such bond shall be forfeited to the City of Union City. The bond may be a renewable one-year bond; and shall be renewed annually before its expiration date, provided, however that such bond must remain in full force and effect from and after the date City makes any demands for payment on the bond until the City releases such claim. Provision of such bond or its equivalent, approved by City, is a material covenant of the Agreement between City of Union City. City shall not approve any security which is not unconditionally payable to City upon City’s demand.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.
Contractor shall indemnify, defend with counsel reasonably acceptable to DBROC, and hold harmless DBROC and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the active negligence or willful misconduct of DBROC member agencies.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within thirty (30) days, to the tender of any claim for defense and indemnity by the DBROC member agencies, unless this time has been extended by the DBROC. If the Contractor fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the DBROC, may be retained by the DBROC until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
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Agreement between City of Union City
and MV Transportation, Inc. Page 9 of 93
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City or DBROC member agencies.
DBROC shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise DBROC shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as DBROC may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of DBROC in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind DBROC to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to DBROC that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to DBROC that Contractor and its employees, agents, any subcontractors shall, City Council/RSA Agenda 135 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 10 of 93
at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Agreement Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination.
A. Termination for Convenience. When it is in the DBROC’s best interest, the DBROC reserves the right to terminate this Agreement, in whole or in part, at any time by providing a SIXTY (60) DAY WRITTEN NOTICE to the Contractor. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City. If the Contractor has any property in its possession belonging to the DBROC member agencies, the Contractor will account for the same, and dispose of it in the manner the DBROC directs.
B. Termination for Default. If the Contractor fails to perform in the manner called for in the Agreement, or if the Contractor fails to comply with any other provisions of the Agreement, the DBROC may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractorsetting forth the way in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Awarding Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Awarding Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
C. Mutual Termination. The Agreement may be terminated if the DBROC and the Contractor agree that its continuation would not produce beneficial results commensurate with the further expenditure of funds or if there are inadequate funds to provide the services.
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Agreement between City of Union City
and MV Transportation, Inc. Page 11 of 93
8.2 Extension. The term of this Agreement may only be extended beyond the stated end date of this Agreement provided for in Subsection 1.1 upon the mutual written agreement of the parties.
Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. DBROC and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to DBROC for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Agreement Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Agreement Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between DBROC and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, DBROC’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that DBROC would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the DBROC. Contractor hereby agrees to deliver those documents to the DBROC upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the DBROC and are not necessarily suitable for any future or other use. DBROC and Contractor agree City Council/RSA Agenda 137 Tuesday, May 23, 2023
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that, until final approval by DBROC, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the DBROC under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the DBROC. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of DBROC or as part of any audit of the DBROC, for a period of three (3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies, and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
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10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any DBROC member agency official in the work performed pursuant to this Agreement. No officer or employee of DBROC member agency shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the DBROC. If Contractor was an employee, agent, appointee, or official of any DBROC member agency in the previous twelve (12) months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the DBROC for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Agreement Administration. This Agreement shall be administered by the City Manager, or their designee, identified as Steve Adams, Transit Manager ("Agreement Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Agreement Administrator.
Steve Adams, Transit Manager
Union City Public Works Transit Division (d.b.a. Union City Transit) 34650 Seventh Street
Union City, CA 94587
10.10 Notices. Any written notice to Contractor shall be sent to:
Kevin A. Klika, President and COO
MV Transportation, Inc.
2711 N. Haskell Avenue. Suite 1500, LB-2
Dallas, TX 75204
All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
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City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.11 Integration. This Agreement and Exhibits A, B, C, and D, attached hereto and incorporated herein, represent the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Cost Proposal, Hourly Rates Schedule, and Reimbursable Expenses Exhibit C Federal Required Clauses
Exhibit D State and Local Requirements
In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibits, the Exhibits shall prevail.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
The Parties have executed this Agreement as of the Effective Dates.
CITY OF UNION CITY MV TRANSPORTATION, INC.
_______________________________ ______________________________
JOAN MALLOY, CITY MANAGER JAMIE PIERSON
Chief Financial Officer
ATTEST:
______________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
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_________________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
5311356.1
Version 3.2.21
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EXHIBIT A
Dumbarton Express Operations and Maintenance Project, City Project No. 21-14
SCOPE OF SERVICES
MV TRANSPORTATION SERVICES, INC. (CONTRACTOR)
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2.1 GENERAL
The City requests proposals from qualified and experienced firms to operate a fleet of vehicles including provision of an operations and maintenance facility to provide Contracted Dumbarton Express Bus Service (hereinafter referred to as the DBX). The Contractor will be responsible for operational activities of the DBX as specified below.
The DBX began operation in 1984 and is designed to serve the journey-to-work market for East Bay residents commuting to work sites across the Dumbarton Bridge on the Peninsula. DBX service operates weekdays only from approximately 5:00 a.m. to 9:00 p.m. The service currently consists of Lines DB and DB1, both of which operate all day with 30-minute frequency during the peak commute period. Service currently operates at 85% of pre-pandemic levels due to less demand.
Heading west, both lines share a common routing from the Union City BART station along Decoto Road, California Highway 84, the Dumbarton Bridge, portions of Bayfront Expressway in Menlo Park, and a portion of Willow Road in East Palo Alto as far as US Highway 101. From there, Line DB includes destinations such as Downtown Palo Alto, the Palo Alto Caltrain Station, Stanford Health Care (Stanford Hospital), and Stanford University, while Line DB1 serves Palo Alto’s Page Mill Road industrial area.
The DBX operates with a fleet of sixteen (16) 40-foot low-floor diesel buses in a suburban (high back) seating configuration manufactured by Gillig LLC. All sixteen buses are model year 2014.
The existing operating contract is currently with MV Transportation Inc. and will expire effective June 30, 2023, at 11:59 p.m. The successful Proposer will be required to provide all services as of July 1, 2023, with revenue service commencing on July 3, 2023.
2.1.A. The Consortium
The Dumbarton Bridge Regional Operations Consortium administers the operations of the DBX. The Dumbarton Bridge Regional Operations Consortium consists of the AlamedaContra Costa Transit District (AC Transit), the Bay Area Rapid Transit District (BART), the San Mateo County Transit District (SamTrans), the City of Union City, and the Santa Clara Valley Transportation Authority (VTA) (hereinafter referred to as the Consortium or the DBROC).
The terms of the Consortium’s Cooperative Agreement states that the administering agency’s policies (e.g., fares) will generally apply to those of the DBX. For the time being, the administering agency is AC Transit.
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2.1.B. City’s Rights and Responsibilities
The City is acting on behalf of the Consortium in issuing this Request for Proposals (RFP).
While the City is administering the procurement process for this RFP, another member of the Consortium may administer the operations of this contract. If the City awards a contract, it may at any time assign and transfer its rights and obligations under the contract to another member agency of the Consortium to administer the operations of the contract.
The City will provide:
1. Consortium Member Provided Vehicles, Initial License, and Vehicle Information.
The City reserves the right to install on any vehicles any equipment or accessories deemed necessary or appropriate by the Consortium.
a. A fleet of sixteen (16) vehicles will be provided to the Contractor to operate the DBX service.
b. The initial licenses and California Highway Patrol (CHP) permits to the Contractor. c. Information on number and size, including seating capacity, of Contractoroperated vehicles in service as specifically provided in Exhibit 1, List of Fleet Vehicles and Mileage History.
d. Information on mileage and bus type to assist in maintenance costing.
The Contractor will be responsible for non-revenue vehicles for road supervision, driver shuttling, road-call response and maintenance, and towing.
2. Planning.
The City on behalf of the Consortium, will have the exclusive right to plan the general operation of the DBX service, including but not necessarily limited to the right to determine and modify from time to time the following matters:
a. Setting service parameters.
b. Times of day services are to be rendered.
c. Service areas in which routes will operate.
d. Fare levels and transfer policies.
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The Contractor will be expected provide input to the City in making determinations on these matters as requested. This assistance shall be included in Contractor’s fixed rate quoted in its cost proposal, and no additional charges will be permitted.
3. Operations and Management Supervision.
The City reserves certain rights with respect to oversight and monitoring of the performance the Contractor.
a. The City reserves the right to monitor vehicle performance through direct or electronically enhanced observation. City staff shall periodically inspect operations and make unannounced spot check rides. Spot checks shall be used for but are not limited to:
i. Evaluating Contractor’s bus operators.
ii. Checking conformance to routes and schedules.
iii. Collecting passenger information, verifying arrival and departure times, and passenger ridership information supplied by the Contractor. iv. Monitoring the records and personnel developed, used, and/or employed by the Contractor in performance of the contract, as well as service adherence and farebox recovery procedures.
b. The City will establish rules that are reasonable for operation of the DBX service. c. The City will establish fare policy and fare collection procedures. The City will establish a format for reporting and handling fare collections and reporting various informational statistics required by the City, State and Federal agencies. d. The City may require daily manual passenger counts and/or other special counts by operators.
e. The City may grant bonuses or make assessments against the Contractor in accordance with the section on liquidated damages.
f. The City reserves the right to use its staff and/or third-party services to monitor service quality without notice to the Contractor.
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4. Advertising, Promotion, and Public Information.
The City shall supply printed material, shall advertise the service through a variety of media, and shall be responsible for liaison with all local officials, employers, and developers in connection with the operation of the service.
The City may utilize the interior or exterior of all vehicles for the display of any written or printed advertising, promotional material, or public information notices at the City's sole cost. The Contractor will display only City-issued printed advertising or promotional material on either the exterior or interior of vehicles. The Contractor will install only City-approved advertising, promotional materials, or public information notices on vehicles.
The Contractor may also be required to provide marketing support including publicity notices and Notices to Patrons and to answer basic questions about the Consortium and connecting Bay Area public transportation services. The City will provide a briefing for the Contractor on this subject.
5. Customer Comments, Compliments, and Complaints.
Customers can make comments, compliments, and complaints about the DBX service by contacting the DBX Administrator or designee. Where appropriate, these customer contacts will be forwarded to the Contractor for investigation and corrective action.
6. Inspections.
a. City staff will at the City’s sole discretion occasionally conduct inspection of Consortium-provided vehicles. If in the opinion of City staff a vehicle is not ready for service, Contractor will correct the item(s) needing attention before the vehicle can be used in revenue service.
b. The City reserves the right to spot check vehicles placed in service. A spot check inspection finding where there is failure to meet or maintain standards will be subject to the Assessments detailed in Section 2.2.Q below.
7. Clipper.
Clipper is the regional electronic fare media developed, implemented, and financed by the Metropolitan Transportation Commission (MTC).
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The City shall work collaboratively with the MTC to ensure the proper functioning of Clipper fare media on board the transferred bus fleet. The City reserves the right to modify the fare collection system.
2.1.C. Program Direction and the DBX Administrator
The Contractor’s primary contact at the City shall be the DBX Administrator or other such person as the City’s City Manager shall designate.
Work performed under the contract shall be subject to the program direction of the DBX Administrator, who will monitor performance with respect to compliance with the requirements of the contract. Program direction shall include but not be limited to directions to the Contractor that redirect contract effort and provide clarification or program guidance to the Contractor to accomplish the services described in Part II Scope of Work.
The DBX Administrator is responsible for administering the Contract, including the monitoring and evaluation of service quality and approval of all invoices. Day-today communications regarding the contract performance shall be between the Contractor’s Project Manager and the DBX Administrator.
2.2 SCOPE OF SERVICES AND DELIVERABLES
2.2.A. Contracted Dumbarton Express Bus Service and Vehicle Revenue Hours (VRH)
1. Dumbarton Express Bus Service Average Revenue Hours Per Day Currently, the Dumbarton Express Bus Service utilizes sixteen (16) vehicles with a daily maximum pull-out of eleven (11) vehicles which operate on two routes—DB and DB1—on weekdays excluding most holidays for approximately 95 daily revenue hours and 1,700 daily revenue miles. Average daily ridership for FY 2021/2022 was 478.
The service shall generally operate Monday through Friday except on holidays.
Holidays include New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. A typical work year will consist of between 253 and 256 operational in-service days. The current Dumbarton Express Schedules are included in Exhibit 2.
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2. Estimated Quantities
The Contractor would continue to operate the two Dumbarton Express routes—DB and DB1—for approximately 95 revenue hours and 1,700 revenue miles per day.
The Contractor must be able to have sufficient staffing available and/or be able to hire and train sufficient bus operators to operate all service in Exhibit
2. The Contract also must be aware that the service may change significantly during the term of the contract.
Contractor is responsible for all fuel, tires, fluids, and maintenance costs.
Maintenance and fuel will be supplied by the Contractor and may be based on estimated quantities and miles supplied.
a. The City reserves the right to require additional service, reductions in service, or modifications in service as the City may find appropriate for fiscal, jurisdictional, geographic, coordination, or passenger demand reasons.
b. Service may expand or contract, and the Cost Proposal Forms contained herein have been structured to accommodate possible growth or reduction of Dumbarton Express service. Actual number of vehicles, days, hours, and revenue hours set forth may vary at the discretion of the City. c. The Contractor will be given at least a thirty (30) day notice before a vehicle is added or deleted from service but may elect to respond in less than 30 days if the City is able to provide the requested vehicles. d. The City reserves the right to engage and make additional awards to other contractors to enable service expansion or to address other operational needs. The COVID pandemic has had a substantial impact on ridership, and it is unknown at this time when or if ridership will return to pre-pandemic levels.
3. Cost Per Vehicle Revenue Hours (VRH) For Consortium-Provided Vehicles a. Cost Per VRH For the One and One-Half Year Base Term Proposed cost per Vehicle Revenue Hour for the period July 1, 2023 through through December 31, 2024 which make up the one and one-half City Council/RSA Agenda 148 Tuesday, May 23, 2023
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year base term shall include the variable costs associated with operating a fleet of Consortium-provided vehicles, including lubricants, mobilization, revenue and non-revenue bus operator and staff wages and benefits maintenance costs, parts and equipment, recruitment and training costs, physical exams, uniforms, courteous service, fare collection, recordkeeping and reporting, materials and supplies, bus yard and maintenance facility, insurance and performance bond, and other variable costs as related to the requirements in the RFP. Fuel costs will be invoiced and reimbursed as a separate line item per Section 2.2.E.
b. Cost Per VRH For the Three One-Year Option Terms
Proposed cost per Vehicle Revenue Hour for each year of the three oneyear option terms shall include the variable costs associated with operating a fleet of Consortium-provided vehicles, including lubricants, mobilization, revenue and non-revenue bus operator and staff wages and benefits maintenance costs, parts and equipment, recruitment and training costs, physical exams, uniforms, courteous service, fare collection, record-keeping and reporting, materials and supplies, bus yard and maintenance facility, insurance and performance bond, and other variable costs as related to the requirements in the RFP. Fuel costs will be invoiced and reimbursed as a separate line item per Section 2.2.E. c. The City will have the right to increase or decrease the levels of service by twenty-five percent (25%) based on annual vehicle revenue hours of service at any time during the life of the contract, without renegotiating with the Contractor the prevailing Vehicle Revenue Hour rate or any other term or condition of the contract.
d. The Contractor will be expected to provide other additional service requested by the City, which may include service requested for special events, emergencies, evacuations, or bus bridges. This service shall be paid at the prevailing hourly rate of service provided in the proposal. e. During recognized emergencies, the City may require significant changes to Dumbarton Express service without notice.
2.2.B. Courteous Service
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1. Contractor’s Role in Marketing and Customer Service
The Contractor's role in marketing and customer service shall be limited to providing courteous bus operators, who are sufficiently fluent in English to answer basic questions about the Dumbarton Express service and connecting Bay Area public transportation services, drive the assigned route safely and on schedule, and stock timetables and marketing material on the vehicle.
From time to time the City may request that the Contractor prepare and post operational notices or schedules in vehicles and assist in collection and distribution of surveys and other pertinent data as required by the City.
2. Documentation of Customer Comments, Compliments and Complaints The Contractor shall document customer comments, relating to compliments and complaints, if any. The City shall define complaint categories and calculate the number of service-related complaints.
2.2.C. Collection of Fares
1. Procedure
The Contractor shall collect and handle fares in the manner prescribed by the City.
2. Fare Collection and Accountability
The fare collection system shall be a system that is sealed and theft proof. The Contractor will ensure that a supervisor, or designated management personnel, empties all vault boxes. Under no circumstance will vaults or contents remain overnight in an unsecured area. Farebox contents, once emptied will be stored in an appropriate vault as approved by the DBX Administrator. An armored car service, as designated by the City, will, on a weekly basis, pick up, transport and count the farebox contents, including transfers.
3. Fare Revenue
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Contractor will comply with all procedures established by the City for the deposit of and/or transfer to City of fares collected. Cash fares will be the responsibility of the Contractor. Responsibility of the Contractor means the City is assured that the collection, accounting and transporting of fare revenue will be administered accurately. The City will be entitled to deduct from payments due to Contractor, a sum equal to the fare revenue lost due to the dishonesty of Contractor's employees or the consistent disregard of the fare policy by Contractor's employees.
Verified and deposited fare revenue will be deducted as a credit in the Contractor’s monthly invoicing. The Contractor will provide a breakdown of the fare media (cash and coins) deposited and date of the deposit to receive a credit with the monthly invoice.
2.2.D. Bus Yard and Maintenance Facility
The Contractor shall provide and maintain appropriate vehicle storage and maintenance facilities for securing and maintaining the vehicles and equipment:
1. Parking, Maintenance and Repair Facility
a. The Contractor shall provide a yard and shop that complies with all state, local, and federal laws for the operation of same.
b. In addition, the Proposer will be required to furnish a parking and maintenance facility within 30 miles of the start or end of the routes.
2. Dispatching Facility
a. A scheduling and dispatching facility to house the Contractor-provided radio, dispatch work area, and related equipment to be used for the provision of services described in this RFP.
b. The dispatching facility shall include two-way radios or other means as approved by the City.
c. The Contractor will be responsible for all telephone costs. The Contractor will transfer the phone number to the City or to another vendor in the event of a change of Contractor. The Contractor will pay the nominal charges from the phone company to transfer the phone number. The Contractor will also be responsible to supply at least one high speed, plain City Council/RSA Agenda 151 Tuesday, May 23, 2023
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paper fax machine, one high-volume printer, and one high-volume copy machine.
2.2.E. Equipment, Supplies, and Material Management
1. Contractor will be responsible for providing and storing all equipment and supplies including fuel, oil, lubricants, and tires to operate the vehicles under the service as described in this RFP.
2. Contractor is responsible for fueling of all vehicles described in this RFP. Fuel costs will be reimbursed, monthly as a pass-through line-item expense on the monthly invoice. Contractor is responsible for tracking all fuel transactions including date, fuel type, quantity consumed, and vehicle mileage of vehicle being fueled.
3. Contractor shall use or permit only equipment and supplies meeting requirements of the State Department of Industrial Relations, Safety Orders, and suitable to produce quality of work and materials required on the project.
4. The repair facility shall include at least one OSHA approved bus lift capable of safely lifting the weight of the heaviest bus in Dumbarton Express service.
5. Contractor shall provide driver's uniforms which shall be approved by the City.
6. "Applicable Environmental Laws" means all laws concerning the protection of human health and the environment which include, but will not be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1471 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 through 2629; and the Safe Drinking Water Act, 42 U.S.C. §§ 300f through 300j; as they have been or will be amended from time to time, and the regulations implementing such statutes; and any similar state, county, municipal or other local laws and ordinances concerning the protection of human health and the environment and the regulations implementing such statutes.
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"Hazardous Substance(s)" means any substance, material, chemical or waste that is or will be listed or defined as hazardous, toxic, or dangerous under any Applicable Environmental Law, or any petroleum products, or any substance, material, chemical or waste which is or may become, directly or indirectly, by chemical reaction or otherwise, hazardous, toxic, or dangerous to life, health, property, or the environment by reason of toxicity, flammability, explosiveness, corrosively or any other reasons.
In performing maintenance obligations defined by this RFP, Contractor shall be responsible for the proper storage, handling, use, transportation, and disposal of all Hazardous Substances in accordance with Applicable Environmental Laws, including without limitation, all lubricants, solvents, motor oil and other petroleum products. Contractor shall only dispose of such materials at facilities which are permitted or licensed in accordance with Applicable Environmental Laws. Furthermore, if Contractor engages the services of a disposal company for the transportation and disposal of any Hazardous Substances, Contractor shall ensure that such company is properly licensed and that it transports and disposes of Hazardous Substances in accordance with the terms of this Contract. Contractor shall maintain procedures for its employees and any subcontractors who handle Hazardous Substances and shall retain records regarding compliance with the responsibilities contained herein.
2.2.F. Preventive Maintenance, Vehicle Repair, Daily Pre-Trip Inspection, and Vehicle Cleaning
1. General Vehicle Repair and Wheelchair Lifts and Ramps The Contractor shall, at its sole expense, cause all components of each Dumbarton Express vehicle, including its body, frame, furnishings, tires, mechanical, electrical, hydraulic, wheelchair lift or ramp, or other operating systems, to be maintained in proper working condition and be free of any damage or malfunction, and shall perform all maintenance functions in accordance with OEM specifications and applicable federal and state regulations. Additionally, the Contractor shall maintain all vehicles in accordance with Motor Vehicle Exhaust Emission Requirements.
All wheelchair lifts, tie-downs, and related equipment must meet ADA requirements found in 49 CFR Part 37 and Part 38. All wheelchair lift/ramprelated equipment shall be inspected, serviced, and lubricated at manufacturers recommended intervals necessary to ensure that the City Council/RSA Agenda 153 Tuesday, May 23, 2023
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wheelchair lifts/ramps are fully operational whenever the vehicle is used in revenue service.
2. Vehicle Condition and Preventive Maintenance
a. The Contractor shall provide and maintain the vehicles in good working order, both operationally and in appearance. Vehicles shall be free of body damage, peeling paint, broken windows, broken mirrors, excessive grime, rust, and graffiti. All parts of the vehicle and all equipment mounted on or in the vehicle shall conform to the California Vehicle Safety Standards and the California Administrative Code, Title 13. The Contractor shall immediately replace and repair any vehicle damaged in any accident or otherwise before bus is used in platform service.
b. Contractor shall perform required maintenance to ensure constant operation of all revenue vehicle destination signs.
c. The Contractor shall maintain a satisfactory California Highway Patrol (CHP) terminal inspection rating throughout the period of the contract. If the Contractor receives an unsatisfactory rating from the (CHP), the Contractor shall notify the City immediately and state what is being done to correct the deficiency.
d. The Contractor shall maintain the vehicles in accordance with the manufacturer's preventive maintenance program. In addition, the Contractor shall perform such procedures on the vehicles as are required by Title 13, California Administrative Code, as such provisions presently exist or hereafter may be amended or superseded.
e. The Contractor, at its sole cost and expense, shall provide all lubricants, repairs, cleaning, parts, supplies, labor, maintenance, major components, and component rebuilding and replacement, required for the operation of all equipment pursuant to this Contract. The Contractor shall be fully responsible for the safe and efficient maintenance of all vehicles, communication devices, and all other equipment to be used to perform this Contract.
f. All repairs to Dumbarton Express vehicles shall be performed by Contractor or by other vendors and suppliers subject to approval by the City. Repairs shall include, but not be limited to; work to correct loss or damage; adjustments due to normal wear and tear; and overhaul, rebuilding or replacement of components. Repair work shall be conducted City Council/RSA Agenda 154 Tuesday, May 23, 2023
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as soon as practicable upon learning that such work is required. The Contractor shall perform repair work expeditiously in response to identification of problems by drivers, other staff members, or by the City.
The Contractor shall assure the City that required repairs should not be deferred beyond a reasonable time.
g. If towing of any Dumbarton Express vehicle is required due to mechanical failure or damage, the Contractor shall be responsible to provide such towing at the Contractor’s sole expense.
h. Minor damage must be repaired within 72 hours. Vehicles with major body damage must be removed from service until the damage is completely repaired.
i. Passenger areas shall be free from torn upholstery or excessively worn floor covering. Seats shall not be broken, damaged, or have protruding sharp edges.
j. Each vehicle shall maintain air conditioning and heating systems adequate for the climate conditions of the area and maintained in good working order. The interior temperature of the vehicle shall be maintained at a comfortable level.
k. Graffiti shall be immediately removed.
3. Daily Pre-Trip Inspections
a. Contractor shall require its operators to conduct daily pre-trip inspections of vehicles prior to its being placed into service and post-trip inspections at the end of operators’ shifts, according to criteria established by the City.
The daily pre-trip inspection shall include cycling the wheelchair lift and reporting any defects prior to departing the yard.
b. Contractor will comply with all California Highway Patrol Motor Carrier Safety Regulations pertaining to inspections. Contractor will notify DBX Administrator of all inspections performed by the CHP or any inspections City Council/RSA Agenda 155 Tuesday, May 23, 2023
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performed by any other government agency and transmit the results of said inspections to the DBX Administrator.
4. Vehicle Cleaning
a. Exterior and interior vehicle cleaning shall be performed on a regular basis.
The exterior of each vehicle shall be washed at least twice a week, and a logbook must be maintained showing date each vehicle is exterior washed.
The logbook must be made available upon request. The interior of each vehicle shall be swept, seats vacuumed, and window interiors cleaned prior to the commencement of each service day. Interior floor will be wetmopped or shampooed once a week. The interior of each vehicle shall be always maintained free from roaches and other vermin. Vehicle interiors shall be maintained free from engine exhaust fumes.
b. Only OSHA approved vermin control products shall be used. c. Interior vehicle cleaning will include products approved by Centers for Disease Control and Prevention (CDC) for use against the COVID-19 virus.
2.2.G. Management, Operation, Supervision, and Contractor’s Personnel
1. General
The Contractor shall have the financial and operational resources to manage and operate the Contracted Dumbarton Bridge Express Bus Service including providing all equipment, yard space, maintenance facility and personnel necessary to independently operate the service including, without limitation, bus operators, day-to-day supervision, general and administrative management, vehicle maintenance, training processes, and support such as customer service as more particularly described in this RFP.
The Contractor will obtain and provide all required state and local permits and ensure that all drivers are properly licensed for the service they are providing.
The Contractor must also have all applicable state and local business licenses or procure same, no later than thirty (30) days prior to the start of service.
The City will provide vehicle licenses and registration for Consortium-provided vehicles. The Contractor will be responsible for payment of smog certifications. Any fines or levies incurred in the operations of the vehicle, including parking violations but excluding bridge tolls, shall be the sole responsibility of the Contractor. The Contractor shall manage service in City Council/RSA Agenda 156 Tuesday, May 23, 2023
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accordance with the guidelines and parameters established herein and the attachments hereto.
2. Disabled Vehicle
a. Contractor will make best efforts to minimize service delays due to road failures. If a Dumbarton Express vehicle has a road failure, Contractor will provide a replacement vehicle within 30 minutes with an unassigned back up vehicle and operator, making best efforts to minimize service delays. b. The Contractor must notify the DBX Administrator within 24 hours of the road failure.
3. Inability to Perform – Missed Schedule
a. Contractor will log the nature of the problem and solution to any event that prevents Contractor from performing any scheduled trip on any day.
A written notice of a missed schedule will be delivered to DBX Administrator within 24 hours of the event.
b. Contractor’s failure to perform any schedule will subject it to the assessments described more fully in Section 2.2.Q., Liquidated Damages.
Contractor's failure to submit these reports, or any edition of them, may subject Contractor to assessments as more fully described in Section
2.2.Q., Liquidated Damages.
4. Sufficient Bus Operators
From the start of the Contract, Contractor will make available sufficient bus operators, plus back-up bus operators, to always drive the number of vehicles available and maintain at least an 85.0% on-time performance level for the Dumbarton Express service.
5. Contractor’s Personnel
All Contractor hired personnel will be employees of the Contractor, and Contractor will be solely responsible for payment of their wages, benefits, and all other obligations that may be owed to its employees, whether derived from City Council/RSA Agenda 157 Tuesday, May 23, 2023
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statute, regulation, or agreement, both during and after the term of the Contract.
Without any expense to the City, the Contractor shall comply with the requirements of employee liability, worker’s compensation, unemployment insurance, and paycheck deductions. The Contractor shall (indemnify), hold harmless, and defend the City from any liability, damages, claims, costs, and expenses of any nature arising from violations of personnel practices, applicable local, state, and federal laws related to labor and employment, and any applicable labor agreements.
The Contractor shall be solely responsible for the satisfactory work performance of all employees as described in the RFP or any reasonable performance standard established by the City.
In order to ensure continuity of service and minimize the impact to customers, the City encourages the Contractor to retain as many of the existing qualified personnel, subject to vetting for compliance with the Contractor’s hiring standards.
a. Project Manager and Supervision
The Contractor shall designate a Project Manager, who shall oversee the operation of the DBX service. The Project Manager shall be responsible both for operational and financial management of the service. i. The Project Manager must have an office within a 30-mile radius of the DBX routes.
ii. The Project Manager is required to respond to a road call within 30 minutes from the time of the request for service. A road call is defined as any incident that requires a bus to be replaced or a service vehicle to be dispatched.
iii. The Project Manager shall promptly report to the DBX Administrator any operational problems, accidents, passenger complaints and results of CHP/CPUC inspections. In the case of an accident the report must be filed within 24 hours.
b. Bus Operators
The Contractor shall use appropriate screening and selection criteria to employ bus operators. All bus operators assigned to this Contract shall be employees of the Contractor or an approved subcontractor. Bus City Council/RSA Agenda 158 Tuesday, May 23, 2023
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operators shall be courteous and helpful to passengers and shall be scheduled by the Contractor in a manner that insures a consistently high quality of service. Additionally, bus operators shall meet the following requirements and observe the following rules:
i. Possess a valid California Commercial Driver's License, Class B, with Passenger and Air Brakes Endorsement.
ii. Have no more than three (3) moving violations or accidents within the immediately preceding three-year period and no convictions for misdemeanor or felony driving under the influence (DUI), failure to appear, or for a violent crime.
iii. Carry a watch or device that shows time accurate to within one minute per month, reset to exact time at least weekly.
iv. Speak, understand, and write the English language.
v. Wear a clean uniform. The City will specify uniforms. Either a name badge or an ID number will identify each driver. This identification must be worn on the outer garment during all revenue service hours.
vi. Shall not eat, drink, or smoke aboard the bus at any time. vii. Avoid boisterous or profane language or incivility to anyone. viii. Shall not manufacture, distribute, possess, or use any controlled substance or alcohol while assigned to the service under this Contract.
The definition of "use" above is not limited to actual consumption of controlled substances and alcohol (or any other means of introducing such drugs or alcohol into one's system); "use" also is defined to include evidence of the presence of controlled substances or alcohol in an employees' system irrespective of when the substance in question may have been consumed by the employee or otherwise introduced into the employee's system. ix. Keep the vehicle clean and sanitary during the work shift. x. Immediately report any vehicle defects to his/her supervisor.
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xi. Use vehicles only in accordance with assigned duties. xii. Conduct self professionally and always operate assigned vehicle in a safe and courteous manner.
xiii. Not allow anyone to solicit on the vehicle.
xiv. Not allow any uncaged or unconfined animal, except service animals (e.g., guide dogs) on vehicle.
xv. All information regarding an accident involving a Dumbarton vehicle is confidential. Employees shall refrain from speaking to anyone concerning such an accident unless it is to the Police, City staff or Contractor supervisory personnel.
xvi. If possible, employees providing service must travel over prescribed routes and must maintain time schedules. If it becomes necessary to go off route or if a schedule cannot be maintained, the employees shall notify his/her supervisor via the on-vehicle communications system.
xvii. All passenger stops shall be made at designated stops only. xviii. Gratuities of any kind shall NOT be accepted.
xix. Bus operators shall keep a daily log of number of passengers boarding per trip.
xx. The City may notify the Contractor in writing of complaints regarding bus operators. Contractor shall conduct an appropriate investigation and report the findings.
xxi. The City may require the Contractor to remove any driver or employee from service upon written evidence of the employee’s violation of any rule herein.
xxii. Bus operators are not to touch fares. All cash and coins are to be placed in the farebox by passengers.
xxiii. Bus operators will be required to honor special passes, collect fares/tickets, issue public timetables, issue bulletins and other City Council/RSA Agenda 160 Tuesday, May 23, 2023
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materials, and perform occasional surveys or other actions as required by the City.
xxix The use of a cell phone, portable radio/CD/MP3 player, or any personal electronic device, or the wearing of headphones or earpiece aboard vehicles whether moving or parked is strictly prohibited. A cell phone may be used in a bona fide emergency if the coach is stopped in a safe location.
xxx. City rules for proper behavior, passenger relations and other driver-related items as distributed from time to time shall also apply to the Contractor's bus operators.
2.2.H. Training
1. Contractor shall provide thorough training for all its personnel in the proper performance of their duties. The safety and training program must be customized and specific to the requirements of the Dumbarton Express service as described in Section 2.2 Scope of Services and Deliverables. The Contractor's training program shall be submitted to the City for approval.
2. Contractor's Employees providing services under this Contract shall receive proper training and instruction at the time of hiring, and prior to being assigned to the service.
3. Above and beyond Class B--P licensing requirements, Contractor's driver training program must include, at a minimum, the following:
a. Eight (8) hours of behind-the-wheel instruction (must be one-on-one) including emergency preparedness and evacuation procedures. b. Eight (8) hours of defensive driving instruction such as the National Safety Council Defensive Driving course or other similar course acceptable to the City.
c. Eight (8) hours of sensitivity training including assistance of elderly and passengers with disabilities. This training must include instruction on how to relate to persons with various disabilities (vision impaired, developmentally disabled, frail elderly, mobility impaired), and an City Council/RSA Agenda 161 Tuesday, May 23, 2023
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experiential element where trainees experience what it is like to travel with disabilities.
d. A re-training program which will be a requirement for each driver who experiences a preventable accident. Driver must be retrained as soon as possible following the accident. Said retraining must take place prior to the driver being placed back into revenue service under this Contract. e. Advanced training for all existing, trained bus operators, conducted annually, as required to maintain a commercial bus operators license (CDL); this must be at least eight (8) hours long and include an overview of all elements in the new driver training program as described above with emphasis on defensive driving. A refresher course in sensitivity and transporting special needs passengers is required as well.
4. Contractor must submit to the City evidence of and written certification (DL260) of each employee's completion of all elements of the driver training program before employees are assigned to operate the service covered by this Contract.
5. The Contractor may place in revenue service without further training for up to 90 days, fully qualified bus operators with a Class B endorsement or higher in the current Dumbarton service. Within the 90-day period these operators must receive a minimum of eight hours of empathy/sensitivity training to address the needs of elderly and disabled passengers (paragraph 3. c. above) and a minimum of eight hours of defensive driving (paragraph 3.b. above).
2.2.I. Substance Abuse Program
The Contractor will to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of the State of California, or the City of Union City to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor shall certify annually its compliance with Parts 653 and 654 and to submit the Management City Council/RSA Agenda 162 Tuesday, May 23, 2023
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Information System reports before March 15 to the City. To certify compliance, the Contractor shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register.
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2.2.J. Record Keeping, Reports and Notifications Requirements
1. Performance Reporting Requirements
The Contractor shall prepare, maintain, and submit reports and notices with respect to operation of Dumbarton Express Bus Service as required by the City in a timely manner.
Forms will be developed prior to the beginning of service for review with the Contractor. Every effort will be made to minimize the required paperwork consistent with proper management and the City's required reporting practices. The format of all reports shall be determined by the City and may be changed at any time.
Unless otherwise indicated, all reports will be on a form prescribed or approved by City and will be submitted to DBX Administrator.
All forms shall be summarized monthly and shall be emailed to the City offices no later than the 10th of each month.
Failure to provide the above records may cause the City to withhold payment of invoices and/or terminate the Agreement.
a. Daily Trip Reports
The daily Trip Report will detail various aspects of Dumbarton Bridge Express Bus Service, including the Contractor's performance record and passenger ridership information. Contractor shall collect daily driver's trip reports and shall record the number of passengers getting on each schedule, using the form approved by the City. A recap of revenue and total miles and hours operated shall be included with each report.
Contractor will maintain the log daily. Bus operators shall turn in the trip reports at the end of each shift. Completed reports shall be summarized monthly as defined by the City.
City may at any time request a copy of the Daily Trip Report and driver’s count sheets for any specific date.
b. Monthly Management Reports
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Contractor shall provide a monthly operations report, which shall report daily ridership, miles, hours, on-time performance, road calls, number of vehicles operated, number and types of incident reports, and accident reports, and any other pertinent materials for the preceding month.
Report format and content shall be defined by the City. Monthly reports shall be received by the DBX Administrator by the 15th of the following month, with the monthly billing.
A monthly report shall include passenger counts by trip, by day and will summarize any unusual activities, lift usage, and any road failures or schedule completion problems. It will also include an organization chart of all active support staff, a list of current, active driver names, a list of all persons (with job titles) who have left the contractor’s employment and a list of all newly hired employees with their job titles. The report shall also include a text summary of any unusual activities or concerns. c. 24-Hour Accident Report
The Contractor will report all accidents/incidents involving any Consortium-owned vehicle immediately to DBX Administrator at the time of the event. Contractor will include as part of the proposal an accident procedure and reporting program to report all vehicular collisions/accidents, including passenger falls, involving Dumbarton Express vehicles using City's program and code classifications. In addition, Contractor will notify DBX Administrator immediately and within 24 hours of its occurrence in writing of the accident/incident and will report passenger complaints related to safety or serious operational deficiencies immediately. Contractor will investigate all accidents and grade as to whether the event was preventable or not using industry standards.
Failure to report such accidents/incidents in the manner and within the time frames specified herein will subject the Contractor to assessments. d. Inability to Perform Notice
Contractor will notify DBX Administrator of Contractor's inability to perform any service, as provided by Section 2.2. G. 3, Inability to Perform Notice – Missed Schedules.
e. Accident Records
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Contractor will keep an individual file for each accident involving any vehicle. Contractor will maintain each file for a period of four years after expiration or termination of the Agreement. Copies or originals will be supplied upon City's request.
f. Loss Run Reports
Contractor will submit monthly reports to the City on the status of all claims filed and quarterly “loss run” reports reflecting the status and amounts of all payouts and settlement of all claims.
g. DBE Reports
Contractor will, on a quarterly basis, maintain and submit to City records of all subcontracts entered into with certified DBE firms and records of materials purchased from DBE suppliers. Such records will indicate the name, business address and telephone number of each DBE firm and the total amount actually paid to each DBE firm. Contractor will submit this report to City's DBE Officer on or before the 15th day following the end of each quarter.
h. Financial Records
Contractor will account for its operations on a strict accrual basis.
Contractor will establish and maintain within a separate account all expenditures incurred by it with respect to the performance of the Contract and keep and maintain any other relevant financial records or documents.
i. Road Service Call Reports
Contractor shall maintain a record of any road service calls and in-service vehicle substitutions and provide the DBX Administrator with details on a monthly basis attached to the Monthly Management Reports described above.
j. Investigation of Driver Conduct
The City may notify the Contractor in writing of complaints regarding bus operators. Contractor shall conduct an appropriate investigation and report findings as soon as available.
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k. Passenger Comments
Contractor shall refer any passenger comments or complaints to the City.
All passenger comments or complaints given to the Contractor must be submitted to the City within seven (7) calendar days of receipt from the passengers.
l. On-board/Special Surveys
Contractor shall assist the City in the survey of passengers, and in the collection of any other data as required by local, regional, state and federal reporting requirements. This shall include collection, recap and summary of federally required NTD operating data and passenger miles.
2. Safety and Maintenance and Repair Records and Reports Notwithstanding the records requirements delineated in subsection 1, Performance Reporting Requirements, above, upon request by the City, the Contractor shall provide complete records of the following:
a. Company safety records for the past three (3) years. b. Driver training procedures.
c. Department of Motor Vehicles status report on licenses of Dumbarton Express bus operators and supervisors (including reports of moving violations and accidents).
d. Vehicle Maintenance Records
The Contractor shall keep accurate records of all maintenance activities, including preventive maintenance performed on vehicles, documenting the maintenance activities according to date and mileage. All repair/work orders shall attach a copy of the source document requesting the repair (i.e. Operator’s daily inspection, preventative maintenance inspection, consumer complaint, etc.) to facilitate a proper audit trail. The Contractor shall make such records available to the City upon request. e. In addition to any reporting requirements set forth in Section 2 the Contractor shall maintain accurate, written records of any and all repairs made to each bus. These records must indicate the bus number, date of City Council/RSA Agenda 167 Tuesday, May 23, 2023
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repair, detailed description of the complaint and repair, materials required to perform the repair, mileage at the time of the repair, time clock stamped verification of the time required to perform the repair, the total cost of the repair based on the material and time required for any repairs to Consortium-owned or supplied vehicles, and the signature of the supervisor indicating that the repair has been properly performed. In addition, the Contractor shall maintain separate records that indicate time periods each bus has been out of service for repairs. The Contractor shall make all repair records available to the City upon request. f. California Highway Patrol Safety Compliance Report (CHP 343). g. Proof of DMV “Pull Notice” program participation.
3. Other Reports
Other reports may be required as deemed necessary by the City.
2.2.K. Recruitment Requirements and Employment Records
All bus operators furnished shall be subject to approval by the City and may be tested for their driving skills, operating performance, and safety habits by the City or its designee before being placed in service. The City shall have the right in its sole discretion to reject temporarily or permanently by notice to the Contractor for any reasonable cause whatsoever, any driver furnished by the Contractor, including any driver previously furnished by the Contractor and accepted by the City. The Contractor shall replace promptly any driver not acceptable or rejected by the City.
The Contractor shall give each new employee hired for any part of the Dumbarton service the following written notice. The notice shall be signed by the employee and kept in the employee's file with a copy sent to the City. The notice shall read:
"This is to advise that______________(Contractor), your employer, is an independent contractor providing Dumbarton Express Bus Service under a contract with the ____________________("City"). The contract between _______________(Contractor) and the City is for a one and one-half year term.
You have been hired to assist with the provision of services under that contract.
There is no guarantee that the contract will be renewed; therefore, the duration of your employment with____________(Contractor) may be affected or limited.
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Thus, you are on notice that the need for your employment derives from a service contract with the City that has a definite term and which may be terminated or will expire at some point in the future."
The Contractor and its subcontractors are responsible for full compliance with California Labor Code Section 1070, et. seq. The law establishes incentives for submitting proposals for public transit service contracts, including paratransit that will retain qualified employees of the prior contractor or its subcontractor(s) to perform the same or similar work for a period of at least 90 days, which protects against the significant economic dislocation of qualified public transit employees.
Pursuant to the law, the Proposer must declare in its proposal whether or not it and its subcontractor(s) will retain the employees (as defined by California Labor Code Section 1071(d)) of the prior contractor or subcontractor(s) except for reasonable and substantiated cause, for a period of at least 90 days. The successful Contractor and its subcontractor(s) that declares it will retain such employees will be responsible for the duties and obligations provided in California Labor Code Section 1072, including making a written offer of employment to each employee to be retained and in the event fewer employees are necessary under the new contract, retaining qualified employees by seniority within the job classification.
Nothing in California Labor Code Section 1070 et. seq. requires the Contractor or subcontractor(s) to pay the same wages or offer the same level of benefits provided by the prior contractor or subcontractor(s). The successful Contractor will also be subject to the enforcement provisions of California Labor Code Section 1073 for any violations of this law.
Within three working days after the Contract has been awarded, prior contractor or its subcontractor(s) shall provide to the Contractor and its subcontractors the name, address, date of hire, wage, benefit level and job classification of each employee employed at the City locations covered by the prior contractor's contract. The City shall notify the prior contractor and its subcontractors of the identity of the Contractor and its subcontractors as soon as practicable to facilitate the transfer of this information. A form may be provided on request for this report.
In order to facilitate the provisions of the law, the City requires that upon the commencement of the Contract and throughout the full term of the Contract, that the Contractor and its subcontractor(s) maintain a list of all employees providing the services required under the Contract at the City locations, which includes the information above and must indicate which employees were employed by the prior contractor and subcontractor(s), if any. The Contractor and its subcontractors must also maintain a list of all employees of the prior contractor or subcontractor(s) that were not retained by the Contractor or its subcontractors, and such list must indicate the reasons why such employees were not retained.
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Upon request from the City, the Contractor and its subcontractors must provide such lists to the City within 10 days of such request. The City has the ability to request such lists throughout the term of the Contract.
At least six months before the end of the Contract, the Contractor and its subcontractor(s) will provide to the City a list of employees working at the City Locations. This list of employees shall indicate the length of service of each employee, their job title and description, and their current salary. This information may be distributed by the City to future bidders for a new contract that will commence whenever the current contract term ends. The Contractor and its subcontractor(s) must provide updates on a monthly basis of the employee lists after the original employee list has been submitted. The Contractor’s and its subcontractors’ obligation to provide monthly updates of the employee lists will last until the end of the Contract term. If a new contract is awarded to a different contractor at the end of the Contractor’s Contract, the Contractor must provide to the new contractor the name, address, date of hire, wages, benefit level, and job classification of each employee employed at the City Locations covered by the Contractor’s Contract within three working days after the Contractor has been notified by the City of the identity of the new contractor.
2.2.L. Access to Records, Maintenance of Records
Contractor will permit authorized representatives of City to examine all data and records related to Dumbarton Bridge Express Bus Service on request. Contractor will maintain all reports and records pertaining to Dumbarton Bridge Express Bus Service and will make them available for review or inspection by City for a period of four years from the contract expiration date.
2.2.M Mobilization
1. Mobilization includes operation necessary for long term assignments, allocation, and movement of personnel, equipment, supplies and incidentals to the work site(s); for the establishment of facilities necessary for the Dumbarton Bridge Express Bus Service; and for other work and operations which must be performed or are incidental to beginning work on the various contract items in the various locations specified in the Contract Documents.
Mobilization includes:
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b. Provide parking, maintenance and repair facility, dispatching facility and/or any other facility, and equipment as required to the bus yard, maintenance and other facilities and setting up of same; c. Transporting various tools, materials, supplies and equipment to the facilities; and
d. Erection of buildings and facilities as required for field offices, staging, storage, and bus operations.
Mobilization also includes assembly and delivery to the facility, equipment, tools, materials, and supplies necessary for the prosecution of service which are not intended to be incorporated in the service; the clearing of the preparation of the Contractor's work area; the complete assembly, in working order, of equipment necessary to perform the required service; personnel services preparatory to commencing work; and all other preparatory work required to permit commencement of service.
2. Contractor is required to provide personnel, training, products, materials, equipment, tools and supplies at the jobsite at the time they are scheduled to be provided for the Dumbarton Bridge Express Bus Service.
Contractor is also required to locate bus yard, maintenance and other facilities appropriately close to the operations of service for which it will be used or as specified elsewhere in these Contract Documents.
3. Proposals shall submit a transition plan and a schedule setting forth the sequence of events and associated requirements proposed to be undertaken from the point of contract award through the first month of system operations. The timeline must demonstrate how the transition to a different provider will be accomplished with no disruption to existing Dumbarton Express service. Additionally, it is the desire of the City that to the extent possible, current drivers, mechanics, and staff not experience a diminishment in wages, benefits, or working conditions in an effort to retain an experienced team familiar with the operations.
2.2.N. Operation During a Declared Emergency
In the event of a declared emergency, Contractor shall deploy vehicles in a manner as directed by the DBX Administrator. The City shall compensate Contractor for service, which exceeds the normal expense of operating service during any such declared period of emergency. Contractor shall submit invoices for any extra work with the monthly invoice as defined in the RFP and contract.
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2.2.O. Performance Standards and Assessments
1. Performance Standards
The Contractor will be responsible for providing timely and reliable bus service. The City expects that the Contractor will meet or exceed the following performance standards. City, or its designee, will periodically monitor Contractor's adherence to these standards.
a. STRICT ADHERENCE TO THE DUMBARTON SCHEDULE/TIMETABLE. b. Service-related complaints standard is 14.0 - 14.9 per 100,000 passengers in any one calendar month.
c. Zero incident reports or field check reports that document poor performance.
d. Dumbarton Express buses will not be allowed to idle (engine on) at a terminal for over 5 minutes.
2. Incentive/Assessment Tables
The City shall make payments to the Contractor in addition to the amounts the City might otherwise owe to the Contractor under the terms of the Contract, in the amounts and for the reasons outlined below.
The City may elect not to impose an assessment or pay an incentive in its sole discretion. City's election not to impose or collect any assessment or pay any incentive detailed below in any one instance will not act as a waiver as to City's right to make such assessments or pay such incentives in the future. The assessments and incentives detailed in this Section in no way relieve Contractor of its obligation to satisfy each and every requirement under the terms of the Contract.
The following tables will serve as a guideline for administering incentives to encourage the delivery of excellent service to our customers. a. Vehicle Safety
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A $1,500 bonus will be paid to the Contractor when it achieves zero preventable accidents in a month. A $1,500 assessment will be charged to the Contractor if there are more than 2 preventable accidents in a month.
A preventable accident is one that could have reasonably been avoided by the driver. Contractor-based inspections and reports as verified by the City will determine preventability.
b. Service Related Customer Complaints
The standard for total service-related complaints received and validated by the City is 2 or less complaints per calendar month. If service-related complaints exceed the standard or fail to meet the standard the assessment may be applied as follows:
PERFORMANCE ASSESSMENT
2 or less validated complaints/month: Standard
3 or more validated complaint/month: $500 assessment
2.2.P. Liquidated Damages
1. General
In the event the Contractor fails to perform the services set forth in the agreement, the Contractor shall pay liquidated damages for said circumstances in the amount described below.
The Contractor agrees to pay these liquidated damages, and further agrees that the City may deduct this amount from monies due or that may become due to the Contractor if not paid within seven days of written demand by The City.
a. The City will make assessments against amounts owed to the Contractor under certain conditions.
b. The assessments detailed in this Section in no way relieve the Contractor of its obligation to satisfy each and every requirement under the terms of the Contract.
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c. The Contractor and the City may mutually agree to periodically review and adjust performance standards and damage assessment values to reflect actual conditions or experience.
d. Each assessment shall stand on its own and the application of one shall in no way affect the application of any or all-remaining assessments. e. Both the Contractor and the City agree that the Contractor’s failure to meet identified obligations under the Contract will result in financial injury to the City, which would be incalculable. The City and the Contractor agree the specified assessments are reasonable estimates of the damage the City will suffer due to service shortcomings. f. The Contractor agrees that the amount the City owes to the Contractor under the Contract will be reduced as compensation to the City for those financial injuries in performance to which they relate. g. The DBX Administrator will monitor service performance. Any damage assessment will be computed monthly through identification of a specific failure to meet a service requirement.
h. The City, at its sole discretion, may elect not to impose an assessment.
The City's election not to impose or collect any assessment in any one instance will not act as a waiver to the City's right to make such future assessment.
i. A recurring pattern of below service standard performance may be subject to Termination for Convenience or Termination for Default procedures.
2. Liquidated Damages Assessment
The City may, at its complete and absolute discretion, reduce the amount it otherwise owes to the Contractor by assessing following amounts and for the following reasons.
An assessment may be made:
a. For ten thousand dollars ($10,000) for each day that Contractor totally fails to provide Dumbarton Express Bus Service as defined by Section 2-Scope of Services.
City Council/RSA Agenda 174 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 33 of 93
b. For one thousand dollars ($1,000) for failure to notify the DBX Administrator of Contractor’s inability to perform the Dumbarton Express Bus Service as defined by Part 2-Scope of Services. c. For five hundred dollars ($500) per incident for each occasion in which a revenue vehicle leaves a time point prior to the scheduled departure time.
d. For five hundred dollars ($500) per incident for each occasion in which a revenue vehicle is found to be off-route, i.e., operated on a street or roadway other than those designated on the route maps established by the City for the route being run as specified on the bus destination sign.
Under certain conditions, this assessment will not made, such as a detour due to an accident that blocks the regular route. The City reserves the right to review situations to determine if an assessment is warranted in these cases.
e. For five hundred dollars ($500) per incident for each occasion a schedule is not completed.
f. For five hundred dollars ($500) per incident for each occasion the Contractor fails to respond to a road call within 30 minutes from the time of the request for service, or total failure to respond. g. For five hundred dollars ($500) per incident for failure to make an announcement when requested or necessary, i.e. transit connections, ADA-required information, and passenger with limited sight. h. For five hundred dollars ($500) per incident for failure to deploy wheelchair ramp when requested by customer for ingress or egress. i. For five hundred dollars ($500) per day for each day Contractor fails to provide a full complement of fleet vehicles or bus operators to meet the required level of service as defined in Part 2–Scope of Services. j. For five hundred dollars ($500) per incident if any revenue vehicle is removed from service as a result of an unsatisfactory rating by the California Highway Patrol or is rejected by the City and a satisfactory revenue vehicle is not substituted in its place.
City Council/RSA Agenda 175 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 34 of 93
k. For five hundred dollars ($500) per incident for failure to perform a scheduled Preventative Maintenance Inspection. Such a failure shall occur when a vehicle is in need of the next scheduled maintenance procedure yet is in revenue service and the hubometer shows that the vehicle is more than 1,000 miles past the schedule interval. Adherence to the preventative maintenance program is to be reported in the monthly report.
l. For five hundred dollars ($500) per day for each day the Contractor fails to employ or assign a Project Manager to the services described in Part 2-Scope of Services.
m. For five hundred dollars ($500) per incident for failure to report an accident to the DBX Administrator.
n. For one hundred dollars ($100) per incident for failure to begin operation of a schedule within ten (10) minutes of the scheduled start time.
o. For one hundred dollars ($100) per requested report that is not submitted on a timely basis.
p. For one hundred dollars ($100) per vehicle that the HVAC, wheelchair lift, destination sign or public address system is not functioning properly.
q. For one hundred dollars ($100) per vehicle that a non-functioning fare box, or head/tail/brake/turn signal light is unrepaired for more than two schedules.
r. Failure to Comply with Equipment and Bus Operator Standards. An assessment of one hundred dollars ($100) per day for each incident of failure to comply with the Equipment and Bus Operator Standards.
2.2.Q. Added Passenger Amenities
The Contractor will obtain and implement the passenger amenities described in this section. The Contractor will be reimbursed for one-time or recurring/subscription costs associated with these amenities on a “pass-through” basis through the monthly invoicing to the City.
The Contractor will notify in writing the City of the performance capabilities of the selected systems that supply the amenities and associated costs. The City may direct the City Council/RSA Agenda 176 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 35 of 93
Contractor to select a new or different vendor to meet the requirements or specifications of the amenities as set by the City.
1. Real-Time Information Systems
A real-time passenger information system that displays a countdown to the next and subsequent bus arrival at a specific stop for a given route and direction of travel. The passenger information system must be accessible by a standard web browser or a mobile device application for both Android and iOS operating systems.
2. On-Board Internet (WiFi) Service
Wireless connectivity to the Internet (WiFi) on board each of the sixteen buses in the Dumbarton Express bus fleet.
2.2.R Dumbarton Bridge Bus Service Consolidation
As a longer-term project that may fall within the time frame of the contract, the Consortium is seeking to consolidate the various public transit services crossing the Dumbarton Bridge into a single unified brand operated by a single service provider. The first step in the consolidation would be to fold AC Transit’s Line U into the Dumbarton Bridge Express Bus Service contract. Other services may follow as timelines and resources permit.
AC Transit currently operates the Line U service from Fremont BART to the Stanford Oval via the Fremont/Centerville Amtrak/ACE Station and Ardenwood Park & Ride. From Fremont Boulevard and Decoto Road westward to Highway 101, Line U follows the same route alignment as Dumbarton Express Line DB. Line U then proceeds along Highway 101 to Embarcadero Road, and then continues along Embarcadero Road to the Stanford Campus.
Line U is a weekday peak-period only service, with a peak vehicle requirement of four (4) buses. Line U operates on weekdays excluding AC Transit recognized holidays for approximately 17 daily revenue hours and 233 daily revenue miles, with five (5) morning trips and six (6) afternoon trips. Average daily ridership for FY 2021/2022 was 132.
Upon written notification by the City to the Contractor, the Contractor will begin operation of Line U within 120 days.
The addition of Line U service will not count against the twenty-five percent service adjustment threshold identified in Section 2.2.A.3.b.
City Council/RSA Agenda 177 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 36 of 93
The City will provide an additional five (5) buses to operate the Line U service.
The City retains the sole right to direct the Contractor to assume operation of Line U at any time during the base term of the contract or option years of the contract. However, the City makes no claim or guarantee that the Contractor will be directed to operate Line U during the base term of the contract or option years of the contract.
Services rendered by the Contractor in the operation of Line U will be compensated at the prevailing operating cost per revenue hour.
All terms and conditions of the executed Dumbarton Bridge Express Bus Service contract between the City and the Contractor apply to Line U service.
City Council/RSA Agenda 178 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 37 of 93
2.3. DEFINITIONS
ADA - Americans with Disabilities Act of 1990.
The Consortium – The Dumbarton Bridge Regional Operations Consortium (DBROC), consisting of the Alameda Contra Costa Transit District (AC Transit), the Bay Area Rapid Transit District (BART), the City of Union City, the San Mateo County Transit District (SamTrans) and the Santa Clara Valley Transportation Authority (VTA)
Contract - The Agreement that will be entered into by and between the Consortium and the firm chosen to provide Dumbarton Express Bus Service and any Amendments thereto.
Contract Officer - An employee of the City of Union City responsible for the acquisition of contracted Dumbarton Express Bus Service, and contract modifications.
Contractor - The firm chosen by the Consortium to operate the Dumbarton Express Bus Service under the terms and conditions of the Contract, and all directors, officers, employees, agents, representatives and subcontractors of that firm.
Contractor’s Project Manager – The Contractor’s designated manager responsible for the dayto- day operation of the service and whose main point of contact is the DBX Administrator under the contract.
DBX Administrator – The designated employee of the City who administers the terms and conditions of the contract. This is the Contractor’s primary day-to-day point of contact person in the City. May also be referred to as City’s Contract Representative.
Effective Date - The date the Contractor’s service will commence under this Contract.
FTA - The Federal Transit Administration.
National Transit Database (NTD) -- A federally mandated report for agencies that use federal grant funding.
Revenue miles - The term "revenue miles" shall include all service miles for City services as identified by City-published timetables. This term does not include deadhead (pull-out, pull-in, vehicle inspection) miles for each vehicle used in revenue service, as scheduled by the Citypublished timetables.
Solicitation Documents – This Request for Proposals, including any Appendices, Attachments, and/or Addenda.
Termination Date - The date on which the Contract ends for any reason.
City Council/RSA Agenda 179 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 38 of 93
City Council/RSA Agenda 180 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 39 of 93
2.4 EXHIBITS
Exhibit 1 List of Fleet Vehicles and Mileage History
Exhibit 2 Current Dumbarton Express Route Schedules/Timetables City Council/RSA Agenda 181 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 40 of 93
Exhibit 1
List of Fleet Vehicles and Mileage History
Vehicle
Number VIN
Model
Year Fuel Type Make Type
Anticipated
Replacement
Year
201 15GGD2710F1186745 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 202 15GGD2712F1186746 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 203 15GGD2714F1186747 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 204 15GGD2716F1186748 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 205 15GGD2718F1186749 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 206 15GGD2714F1186750 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 207 15GGD2716F1186751 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 208 15GGD2718F1186752 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 209 15GGD271XF1186753 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 210 15GGD2711F1186754 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 211 15GGD2713F1186755 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 212 15GGD2715F1186756 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 213 15GGD2717F1186757 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 214 15GGD2719F1186758 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 215 15GGD2710F1186759 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 216 15GGD2717F1186760 2014 Diesel Gillig 40-foot Low Floor, Suburban 2028 City Council/RSA Agenda 182 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 41 of 93
Key Features:
• Requires diesel exhaust fluid (DEF)
• Approximately 160,000 lifetime miles
• 36 seats + 15 standees
• Cummins ISL engine, 280 hp, 65 mph governor
• Allison B400R transmission with retarder
• 40-inch front door, 34-in rear door
• Lift-U LU18 Dual Mode ramp, front door only
• TwinVision Smart Series II destination signs
• 120-gallon fuel tank
• Thermo-King T14 HVAC with belt driven compressor
• Recaro Ergo Metro AM80 driver’s seat with two-point seat belt • Q’Straint wheelchair securement
• GFI Odyssey farebox
• Apollo 12-camera video surveillance system
• Sportworks BL-2 two-position bicycle rack
• Wheel size 22.5 (NOTE: Contractor must supply tires.) • Reclining passenger seats with armrests
• Luggage racks with passenger reading lights built in
• Amerex V-25 fire suppression system
• Amerex 5 lb ABC rate fire extinguisher (behind driver’s seat) • Motorola APX6500 two-way radio
City Council/RSA Agenda 183 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 42 of 93
Exhibit 2
Current Dumbarton Express Route Schedules/Timetables
Westbound
ROUTE DIR T1TIM TP1 T2TIM TP2 T3TIM TP3 T4TIM TP4 T5TIM TP5 DB1 WB 5:10 UBBA 5:21 ARWD 5:41 PMEC 5:48 VAPA 5:56 DECR DB WB 5:25 UBBA 5:36 ARWD 5:53 WIMI 5:59 PATC 6:07 STOV DB1 WB 5:40 UBBA 5:51 ARWD 6:11 PMEC 6:18 VAPA 6:26 DECR DB WB 5:55 UBBA 6:06 ARWD 6:23 WIMI 6:29 PATC 6:38 STOV DB1 WB 6:10 UBBA 6:21 ARWD 6:41 PMEC 6:48 VAPA 6:56 DECR DB WB 6:25 UBBA 6:36 ARWD 6:54 WIMI 7:00 PATC 7:09 STOV DB1 WB 6:40 UBBA 6:51 ARWD 7:11 PMEC 7:18 VAPA 7:26 DECR DB WB 6:55 UBBA 7:06 ARWD 7:24 WIMI 7:30 PATC 7:39 STOV DB1 WB 7:10 UBBA 7:21 ARWD 7:41 PMEC 7:48 VAPA 7:56 DECR DB WB 7:25 UBBA 7:36 ARWD 7:54 WIMI 8:00 PATC 8:09 STOV DB1 WB 7:40 UBBA 7:51 ARWD 8:11 PMEC 8:18 VAPA 8:26 DECR DB WB 7:55 UBBA 8:06 ARWD 8:24 WIMI 8:30 PATC 8:39 STOV DB1 WB 8:10 UBBA 8:21 ARWD 8:41 PMEC 8:48 VAPA 8:56 DECR DB WB 8:25 UBBA 8:36 ARWD 8:54 WIMI 9:00 PATC 9:09 STOV DB1 WB 8:51 UBBA 9:02 ARWD 9:22 PMEC 9:29 VAPA 9:37 DECR DB WB 9:28 UBBA 9:39 ARWD 9:57 WIMI 10:03 PATC 10:12 STOV DB1 WB 10:00 UBBA 10:12 ARWD 10:32 PMEC 10:39 VAPA 10:47 DECR DB WB 10:46 UBBA 10:58 ARWD 11:16 WIMI 11:22 PATC 11:31 STOV DB1 WB 10:55 UBBA 11:07 ARWD 11:27 PMEC 11:34 VAPA 11:41 DECR DB WB 11:45 UBBA 11:57 ARWD 12:15 WIMI 12:21 PATC 12:30 STOV DB1 WB 11:59 UBBA 12:11 ARWD 12:31 PMEC 12:38 VAPA 12:45 DECR DB1 WB 12:43 UBBA 12:55 ARWD 13:15 PMEC 13:22 VAPA 13:29 DECR DB WB 13:30 UBBA 13:42 ARWD 14:00 WIMI 14:06 PATC 14:15 STOV DB1 WB 13:40 UBBA 13:52 ARWD 14:12 PMEC 14:22 DECR
DB WB 14:00 UBBA 14:12 ARWD 14:30 WIMI 14:36 PATC 14:45 STOV DB1 WB 14:15 UBBA 14:27 ARWD 14:47 PMEC 14:57 DECR
DB WB 14:30 UBBA 14:42 ARWD 15:00 WIMI 15:06 PATC 15:15 STOV DB1 WB 14:45 UBBA 14:57 ARWD 15:19 PMEC 15:29 DECR
DB WB 15:00 UBBA 15:12 ARWD 15:30 WIMI 15:36 PATC 15:45 STOV DB1 WB 15:15 UBBA 15:27 ARWD 15:49 PMEC 15:59 DECR
DB WB 15:30 UBBA 15:42 ARWD 16:00 WIMI 16:06 PATC 16:15 STOV DB1 WB 15:45 UBBA 15:57 ARWD 16:19 PMEC 16:27 DECR
DB WB 16:00 UBBA 16:13 ARWD 16:31 WIMI 16:37 PATC 16:46 STOV DB1 WB 16:15 UBBA 16:27 ARWD 16:49 PMEC 16:57 DECR
DB WB 16:30 UBBA 16:43 ARWD 17:01 WIMI 17:07 PATC 17:16 STOV DB1 WB 16:45 UBBA 16:58 ARWD 17:20 PMEC 17:28 DECR
DB WB 17:00 UBBA 17:13 ARWD 17:31 WIMI 17:37 PATC 17:46 STOV DB1 WB 17:15 UBBA 17:28 ARWD 17:50 PMEC 17:58 DECR
DB WB 17:30 UBBA 17:43 ARWD 18:01 WIMI 18:07 PATC 18:16 STOV DB1 WB 17:40 UBBA 17:53 ARWD 18:15 PMEC 18:23 DECR
DB WB 18:00 UBBA 18:12 ARWD 18:30 WIMI 18:36 PATC 18:44 STOV DB WB 18:30 UBBA 18:42 ARWD 19:00 WIMI 19:06 PATC 19:14 STOV DB1 WB 18:45 UBBA 18:57 ARWD 19:19 PMEC 19:27 DECR
DB WB 19:05 UBBA 19:17 ARWD 19:32 WIMI 19:38 PATC 19:46 STOV City Council/RSA Agenda 184 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 43 of 93
Eastbound
ROUTE DIR T1TIM TP1 T2TIM TP2 T3TIM TP3 T4TIM TP4 T5TIM TP5 DB1 EB 6:18 DECR 6:27 PMEC 6:48 ARWD 6:58 UBBA
DB EB 6:23 STOV 6:33 PATC 6:41 WIMI 6:57 ARWD 7:07 UBBA DB1 EB 6:48 DECR 6:57 PMEC 7:18 ARWD 7:28 UBBA
DB EB 6:53 STOV 7:03 PATC 7:11 WIMI 7:27 ARWD 7:38 UBBA DB1 EB 7:18 DECR 7:27 PMEC 7:48 ARWD 7:59 UBBA
DB EB 7:25 STOV 7:35 PATC 7:43 WIMI 7:59 ARWD 8:10 UBBA DB1 EB 8:00 DECR 8:09 PMEC 8:30 ARWD 8:41 UBBA
DB EB 8:05 STOV 8:13 PATC 8:21 WIMI 8:37 ARWD 8:48 UBBA DB1 EB 8:29 DECR 8:38 PMEC 8:59 ARWD 9:10 UBBA
DB EB 8:35 STOV 8:43 PATC 8:51 WIMI 9:07 ARWD 9:18 UBBA DB1 EB 9:00 DECR 9:09 PMEC 9:30 ARWD 9:41 UBBA
DB EB 9:18 STOV 9:26 PATC 9:34 WIMI 9:50 ARWD 10:01 UBBA DB1 EB 9:51 DECR 10:00 PMEC 10:21 ARWD 10:32 UBBA
DB EB 9:53 ST0V 10:01 PATC 10:09 WIMI 10:25 ARWD 10:36 UBBA DB EB 10:43 STOV 10:51 PATC 10:59 WIMI 11:15 ARWD 11:26 UBBA DB1 EB 10:57 DECR 11:06 PMEC 11:27 ARWD 11:37 UBBA
DB1 EB 11:52 DECR 12:01 PMEC 12:22 ARWD 12:32 UBBA
DB EB 11:53 STOV 12:01 PATC 12:08 WIMI 12:24 ARWD 12:34 UBBA DB EB 12:48 STOV 12:56 PATC 13:03 WIMI 13:19 ARWD 13:29 UBBA DB1 EB 12:56 DECR 13:04 VAPA 13:10 PMEC 13:31 ARWD 13:41 UBBA DB EB 13:51 STOV 13:59 PATC 14:06 WIMI 14:22 ARWD 14:32 UBBA DB1 EB 14:00 DECR 14:08 VAPA 14:14 PMEC 14:35 ARWD 14:47 UBBA DB1 EB 14:32 DECR 14:40 VAPA 14:47 PMEC 15:10 ARWD 15:22 UBBA DB EB 14:35 STOV 14:43 PATC 14:50 WIMI 15:06 ARWD 15:18 UBBA DB EB 15:05 STOV 15:13 PATC 15:20 WIMI 15:36 ARWD 15:48 UBBA DB1 EB 15:07 DECR 15:15 VAPA 15:22 PMEC 15:45 ARWD 15:57 UBBA DB EB 15:35 STOV 15:43 PATC 15:50 WIMI 16:06 ARWD 16:18 UBBA DB1 EB 15:40 DECR 15:48 VAPA 15:55 PMEC 16:18 ARWD 16:30 UBBA DB1 EB 16:00 DECR 16:08 VAPA 16:15 PMEC 16:38 ARWD 16:50 UBBA DB EB 16:05 STOV 16:13 PATC 16:20 WIMI 16:36 ARWD 16:48 UBBA DB EB 16:30 STOV 16:38 PATC 16:45 WIMI 17:01 ARWD 17:13 UBBA DB1 EB 16:30 DECR 16:38 VAPA 16:45 PMEC 17:08 ARWD 17:20 UBBA DB EB 17:05 STOV 17:13 PATC 17:20 WIMI 17:36 ARWD 17:48 UBBA DB1 EB 17:10 DECR 17:18 VAPA 17:25 PMEC 17:48 ARWD 18:00 UBBA DB EB 17:35 STOV 17:43 PATC 17:50 WIMI 18:06 ARWD 18:18 UBBA DB1 EB 17:35 DECR 17:41 VAPA 17:48 PMEC 18:11 ARWD 18:23 UBBA DB1 EB 18:05 DECR 18:11 VAPA 18:17 PMEC 18:38 ARWD 18:48 UBBA DB EB 18:10 STOV 18:18 PATC 18:25 WIMI 18:41 ARWD 18:51 UBBA DB EB 18:35 STOV 18:43 PATC 18:50 WIMI 19:06 ARWD 19:16 UBBA DB1 EB 18:35 DECR 18:41 VAPA 18:47 PMEC 19:08 ARWD 19:18 UBBA DB EB 19:05 STOV 19:13 PATC 19:20 WIMI 19:36 ARWD 19:46 UBBA DB1 EB 19:05 DECR 19:11 VAPA 19:17 PMEC 19:38 ARWD 19:48 UBBA DB EB 19:35 STOV 19:43 PATC 19:50 WIMI 20:06 ARWD 20:16 UBBA DB1 EB 19:45 DECR 19:51 VAPA 19:57 PMEC 20:18 ARWD 20:28 UBBA DB EB 20:05 STOV 20:13 PATC 20:20 WIMI 20:36 ARWD 20:46 UBBA City Council/RSA Agenda 185 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 44 of 93
Timepoint Definitions
ARWD: Ardenwood Park & Ride
DECR: Deer Creek Road
PATC: Palo Alto Transit Center/Caltrain Station
PMEC: Page Mill Road & El Camino Real
STOV: Stanford Oval
WIMI: Willow Road & Middlefield Avenue
UBBA: Union City BART
VAPA: Palo Alto Veterans Affairs
City Council/RSA Agenda 186 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 45 of 93
EXHIBIT B
COST PROPOSAL, HOURLY RATES SCHEDULE, AND REIMBURSABLE
EXPENSES
Contract Year Estimated
Daily Revenue
Hours (a)
Service Days
for Year or
Half-Year (b)
Cost per Vehicle
Revenue
Hour (c)
Estimated Cost
per Year or HalfYear
(d)=(a)x(b)x(c)
Year 0.5
(07/01-12/31/2023)
122.86 127 $117.14 $1,827,761.19
Year 1
(01/01-12/31/2024)
122.86 254 $118.97 $3,712,630.17
First Option Year
(01/01-12/31/2025)
122.86 254 $122.89 $3,834,959.41
Second Option Year
(01/01-12/31/2026)
122.86 254 $130.02 $4,057,461.33
Third Option Year
(01/01-12/31/2027)
122.86 254 $135.99 $4,243,763.78
Grand Total Cost for Four and One‐Half Years‐‐Sum of (d) $17,676,575.87 City Council/RSA Agenda 187 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 46 of 93
City Council/RSA Agenda 188 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 47 of 93
EXHIBIT C
FEDERAL REQUIRED CLAUSES
Section 11 FEDERAL REQUIRED CLAUSES.
Parties referenced in the following clauses are defined as:
1. “Awarding Agency” is City of Union City.
2. “Project” is the Awarding Agency’s federally supported project.
3. “Contractor” is the third-party vendor who entered this third-party contract with the Contractor to provide goods or services directly to the Awarding Agency for the accomplishment of the Project.
11.1 No Government Obligation to Third Parties.
No Obligation to Third Parties by use of a Disclaimer
1. No Federal Government Obligation to Third Parties. The Contractor agrees that, absent of the Federal Government’s express written consent, the Federal Government shall not be subject to any obligations or liabilities to any contractor, any third-party contractor, or any other person not a party to the Grant Agreement in connection with the performance of the Project. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, or third-party agreement, the Federal Government continues to have no obligation or liabilities to any party, including the Contractor or third-party contractor.
2. Third-Party Contracts and Subagreements Affected. To the extent applicable, federal requirements extend to third-party contractors and their contracts at every tier, and to the subagreements of third-party contractors and the subagreements at every tier relative to the Project.
Accordingly, the Contractor agrees to include, and to require its third-party contractors to include appropriate federal clauses in each third-party contract and each subagreement financed in whole or in part with financial assistance provided by the Federal Transit Administration (FTA).
3. No Relationship between the California Department of Transportation (CA DOT) and Third-Party Contractors. Nothing contained in this Agreement or otherwise, shall create any contractual relationship, obligation or liability between the CA DOT and any third-party contractors, and no third-party contract shall relieve the Contractor of his responsibilities and obligations hereunder.
The Contractor agrees to be fully responsible to the Awarding Agency for the acts and omissions of its third-party contractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor relative to the Project. The Contractor’s obligation to pay its third-party contractors is an independent obligation from the Awarding Agency’s obligation to make payments to the Contractor. As a result, the CA DOT shall have no obligation to pay or to enforce the payment of any moneys to any third-party contractor.
4. Obligations on Behalf of the California Department of Transportation. The Contractor shall have no authority to contract for or on behalf of or incur obligations on behalf of the CA DOT.
5. Awarding Agency Approval of Subagreements. The Awarding Agency shall approve in writing all proposed Subagreements, Memorandums of Understanding (MOU), or similar documents relating to the performance of the Agreement prior to implementation. The Contractor agrees that it will not enter into Subagreements unless the same are approved in writing by the City Council/RSA Agenda 189 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 48 of 93
Awarding Agency. Any proposed amendments or modifications to such Subagreements must be approved by the Awarding Agency prior to implementation.
11.2 Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and US Department of Transportation regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of an underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, and pertaining to the underlying contract or the FTA assisted Project for which this contracted work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 in the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a Project that is financed in whole or in part with federal assistance originally awarded by the FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subagreement financed in whole or in part with Federal Assistance provided by the California Department of Transportation.
It is further agreed that these clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
11.3 Access to Records.
1. Access to Records: The Awarding Agency, the California Department of Transportation, the State Auditor General, the FTA, and any duly authorized representative of the Federal government shall have access to any books, records, and documents of the Contractor and its subcontractors which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions, and copies thereof shall be furnished if requested. The Contractorshall include a clause to this effect in every subagreement entered into relative to the Project.
2. Record Keeping: In addition to the record keeping provisions of this Agreement, the Contractor and all subcontractors shall maintain all data, books, documents, reports, statistics, papers, sub-agreements, leases, arrangements, accounting records, and other evidence pertaining to the performance of this Agreement in whole or in part. All parties shall make such materials available at their respective offices at all reasonable times during the performance and for a period of not less than three (3) years from the date of termination or expiration and final payment under this Agreement and all subagreements.
3. Accounting Records: The Contractor shall establish and maintain separate accounting records and reporting procedures specified for the fiscal activities of the Project. The Contractor’s accounting system shall conform to generally accepted accounting principles (GAAP) and uniform standards that may be established by California Department of Transportation and/or the FTA. All records shall provide a breakdown of total costs charged to the Project including properly executed payrolls, time records, invoices, and vouchers.
City Council/RSA Agenda 190 Tuesday, May 23, 2023
Agreement between City of Union City
and MV Transportation, Inc. Page 49 of 93
11.4 Federal, State, or Local Changes.
Federal Changes, Amendments to State, and Local Laws, Regulations, and Directives The terms of the most recent amendments to any Federal, State, or Local laws, regulations, FTA directives, and amendments to the grant or cooperative contract that may be subsequently adopted, are applicable to the Agreement to the maximum extent feasible, unless the FTA or California Department of Transportation provides otherwise in writing.
11.5 Civil Rights – Title VI, EEO, and ADA.
Civil Rights (Title VI, EEO, & ADA)
During the performance of this Agreement, the Contractor its assignees and successors in interest, agree to comply with all federal statutes and regulations applicable to grantee subrecipients under the Federal Transit Act, including, but not limited to the following:
1. Race, Color, Creed, National Origin, Sex. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. Section 2000e, and federal transit law at 49 U.S.C. Section 5332, the Contractor Agrees to comply with all applicable equal employment opportunity (EEO) requirements of the U.S. Department of Labor (U.S. DOL) regulations, “Office of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. Section 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection from training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements the FTA and the California Department of Transportation may issue.
2. Nondiscrimination. The Contractor, regarding the work performed by it during the contract term shall act in accordance with Title VI. Specifically, the Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S.
Department of Transportation’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. Further, in accordance with Section 102 of the Americans with Disabilities Act (ADA), as amended, 42 U.S.C. Section 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements the FTA/California Department of Transportation may issue.
3. Solicitations for Subcontractors Including Procurements of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiation by the Contractor for work performed under a subagreement, including procurements of materials or leases of equipment, each potential City Council/RSA Agenda 191 Tuesday, May 23, 2023
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subcontractor or supplier shall be notified by the Contractor of the subcontractor’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Awarding Agency or the FTA/California Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall certify to the Awarding Agency or the FTA/California Department of Transportation as appropriate and shall set fourth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the Contractor’s noncompliance with the nondiscrimination provisions of the Agreement, the Awarding Agency shall:
a. Withholding of payment to the Contractor under the Agreement until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the Agreement, in whole or in part.
6. Incorporation of Provisions. The Contractor shall include the provisions of these paragraphs A through F in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor will take such action with respect to any subcontractor or procurement as the Awarding Agency or the California Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such directions, the Contractor may request the Awarding Agency to enter into such litigation to protect the interest of the Awarding Agency, and, in addition, the Contractor may request the FTA/California Department of Transportation to enter into such litigation to protect the interests of the FTA/California Department of Transportation.
11.6 Incorporation of Federal Terms.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by U.S. DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by U.S. DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any California Department of Transportation requests which would cause the California Department of Transportation to be in violation of the FTA terms and conditions. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any Awarding Agency requests which would cause the Awarding Agency to be in violation of the FTA terms and conditions.
11.7 Energy Conservation.
The Contractor agrees to comply with the mandatory energy efficiency standards and policies within the applicable FTA/California Department of Transportation energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42, U.S.C. Section 6321 et seq.
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11.8 Disadvantaged Business Enterprise (DBE) – Prompt Payment/Return of Retainage.
Contractor agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Project:
1. Contractor agrees to comply with U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. Part 26.
2. The Contractor, or SubContractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor or SubContractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of U.S. DOT-assisted contracts. Failure by the Contractor or SubContractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract by the Awarding Agency, or such other remedy the Awarding Agency deems appropriate. which may include, but is not limited to:
a. Withholding monthly progress payments,
b. Assessing sanctions,
c. Liquidated damages, and/or
d. Disqualifying the Contractor from future bidding as non-responsible. 49 C.F.R. § 26.13 (b).
3. Prompt Payment and Return of Retainage
a. The Awarding Agency shall comply with 49 CFR Part 26.29 and ensure the Contractor pay its subcontractors performing work satisfactorily completed related to this contract no later than thirty (30) days after the Contractor’s receipt of payment for that work from the Awarding Agency.
b. Unless the approved project is for Construction, the Contractor shall not hold retainage (withhold retention) from any subcontractor. The STATE shall not hold retainage (i.e., withhold retention) from any Contractor.
c. If a dispute arises regarding Construction projects only, the Contractor may exercise its rights under California Public Contract Code (PCC) Sections 10262 and 10262.5 or California Business and Professions Code (BPC) Section 7108.5, as applicable. d. The Contractor is required to pay its subcontractors for satisfactory performance of work related to this Agreement no later than 30 days after the Contractor’s receipt of payment for that work from the Awarding Agency. In addition, the Contractor is required to return any retainage (retention) payment to any subcontractor within 30 days after the subcontractor’s work related to this Agreement is satisfactorily completed.
11.9 Employee Protections.
1. Prevailing Wage and Anti-Kickback: Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects.
The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees City Council/RSA Agenda 193 Tuesday, May 23, 2023
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to pay wages not less than once a week. The Contractor shall also comply with the Copeland “AntiKickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. A-39 Agreement Work Hours and Safety Standards.
2. Agreement Work Hours and Safety Standards: For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Agreement Work Hours and Safety Standards Act (40 U.S.C. §§ 3701- 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Agreement Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.
11.11 Government-Wide Department and Suspension.
1. The Contractor agrees to comply with the requirements of Executive Order Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. Section 6101 note: and U.S. DEPARTMENT OF TRANSPORTATION regulations on Debarment and Suspension and 49 CFR Part 29.
2. Unless otherwise permitted by the California Department of Transportation, the Contractor agrees to refrain from awarding any third-party contract of any amount to or entering into any sub-contract of any amount with a party included in the “U.S. General Services Administration’s (U.S. GSA) List of Parties Excluded from Federal procurement and Non-procurement Program,” implementing Executive Order Nos. 12549 and 12689, “Debarment and Suspension” and 49 CFR Part
29. The list also includes the names of parties debarred, suspended, or otherwise excluded by agencies, City Council/RSA Agenda 194 Tuesday, May 23, 2023
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and contractors declared ineligible for contract award under statutory or regulatory authority other than Executive Order Nos. 12546 and 12689.
3. Before entering into any subagreements with any subcontractor, the Contractor agrees to obtain a debarment and suspension certification from each prospective recipient containing information about the debarment and suspension status and other specific information of that awarding agency and its “principals,” as defined at 49 CFR Part 29.
4. Before entering into any third-party contract exceeding $25,000, the Contractor agrees to obtain a debarment and suspension certification from each third-party contractor containing information about the debarment and suspension status of that third-party contractor and its “principals,” as defined at 49 CFR 29.105(p). The Contractor also agrees to require each third-party contractor to refrain from awarding any subagreements of any amount, at any tier, to a debarred or suspended subcontractor, and to obtain a similar certification for any third-party subcontractor, at any tier, seeking a contract exceeding $25,000.
11.12 Buy America.
The Contractor shall comply with the Buy-America requirements of 49 U.S.C. 5323(j) and 49 CFR Part 661 for all procurements of steel, iron, and manufactured products used in Project. Buy-America requirements apply to all purchases, including materials and supplies funded as operating costs, if the purchase equals or exceeds $150,000. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(c) and 49 CFR 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.
11.13 Breaches and Dispute Resolution.
Provisions for Resolution of Disputes, Breaches, or Other Litigation The Awarding Agency and the Contractor shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Contractor shall submit to the Awarding Agency Representative for this Agreement or designee a written demand for a decision regarding the disposition of any dispute arising under this Agreement. The Awarding Agency Representative shall make a written decision regarding the dispute and will provide it to the Contractor. The Contractor shall have the opportunity to challenge in writing within ten (10) working days to the Awarding Agency’s Executive Director or his/her designee. If the Contractor’s challenge is not made within the ten (10) day period, the Awarding Agency Representative’s decision shall become the final decision of the Awarding Agency. The Awarding Agency and the Contractor shall submit written information and supporting data in support of their respective positions. The decision of the Awarding Agency shall be final, conclusive, and binding regarding the dispute, unless the Contractor commences an action in court of competent jurisdiction to contest the decision in accordance with Division 3.6 of the California Government Code.
11.14 Lobbying Restrictions.
1. The Contractor agrees that it will not use federal assistance funds to support lobbying.
In accordance with 31 U.S.C. and U.S. Department of Transportation Regulations, “New Restrictions on Lobbying.” 49 CFR Part 20, if the bid is for an award for $100,000 or more the Awarding Agency will not make any federal assistance available to the Contractor until the Awarding Agency has received the Contractor’s certification that the Contractor has not and will not use federal appropriated funds to pay any person or organization to influence or attempt to influence an officer or employee of City Council/RSA Agenda 195 Tuesday, May 23, 2023
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any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal grant, cooperative agreement, or any other federal award from which funding for the Project is originally derived, consistent with 31 U.S.C. Section 1352, and;
2. If applicable, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with the form instructions.
3. The Contractor shall require that the language of the above two clauses be included in the award documents for all sub-awards at all tiers (including subagreements, sub-grants, and contracts under grants, loans, and cooperative agreements) which exceed $100,000 and that all awarding agencies shall certify and disclose accordingly.
This Agreement is a material representation of facts upon which reliance was placed when the Agreement was made or entered into. These provisions are a prerequisite for making or entering into a Agreement imposed by Section 1352, Title 31, U.S. Code. Any person who fails to comply with these provisions shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
11.15 Clean Air.
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq. The Contractor agrees to report each violation to the Awarding Agency and understands and agrees that the Awarding Agency will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subagreement exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
11.16 Clean Water.
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Awarding Agency and understands and agrees that the Awarding Agency will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subagreement exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
11.17 Fly America.
1. Shipments by Air Carrier. For third-party contracts that may involve shipments of federally assisted property by air carrier, the Contractor and subagreements must comply with the “Fly America” Act and 49 U.S.C. Section 40118, “Use of United States of America Flag Carriers,” and 41 CFR Section 301-10.131 through 301-10.143.
2. Project Travel. In accordance with Section 5 of the International Air Transportation Fair Competitive Practices Act of 1973, as amended, (“Fly America” Act), 49 U.S.C. 40118 and 41 City Council/RSA Agenda 196 Tuesday, May 23, 2023
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CFR Part 301-10, the Contractor and all subcontractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation, to the extent such service is available or applicable.
11.18 Charter Service Operations.
The Contractor agrees to comply with 49 U.S.C. Section 5323(d) and 49 CFR Part 604, which provides that recipients and awarding agencies of the FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions listed at 49 CFR-Subpart B. Any charter service provided under one of the exceptions must be “incidental,” i.e., it must not interfere with or detract from the provision of mass transportation. The Contractor assures and certifies that the revenues generated by its incidental charter bus operations (if any) are, and shall remain, equal to or greater than the cost (including depreciation on federally assisted equipment) of providing the service. The Contractor understands that the requirements of 49 CFR Part 604 will apply to any charter service provided, the definitions in 49 CFR part 604 apply to this contract, and any violation of this contract may require corrective measures and the imposition of penalties, including debarment from the receipt of further federal assistance for transportation.
11.19 School Bus Operations.
Pursuant to 49 U.S.C. 5323(F) and 49 CFR Part 605, the Contractor agrees that it and all its subcontractors will: (1) engage in school transportation operations in competition with private school transportation operators only to the extent permitted by an exception provided by 49 U.S.C. 5323(F) and implementing regulations, and (2) comply with requirements of 49 CFR Part 605 before providing any school transportation using equipment of facilities acquired with federal assistance awarded by the FTA and authorized by 49 U.S.C. Chapter 53 or Title 23 U.S.C. for transportation projects. The Contractor understands that the requirements of 49 CFR Part 605 will apply to any school transportation it provides, that the definitions of 49 CFR Part 605 apply to any school transportation agreement, and a violation of the contract may require corrective measures and the imposition of penalties, including debarment from the receipt of further federal assistance for transportation.
11.20 Recycled Products.
The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
11.21 Section 504/Americans with Disabilities Act (ADA) Requirements.
The Contractor will comply with 49 CFR Parts 27, 37, and 38, implementing and Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended.
11.22 Vehicle Operator Licensing.
The Contractor is required to comply with all applicable requirements of the Federal Motor Carrier Safety Administration regulations and the California Vehicle Code including, but not limited to, the City Council/RSA Agenda 197 Tuesday, May 23, 2023
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requirement that all vehicle operators have a valid State of California driver’s license, including any special operator license that may be necessary for the type of vehicle operated.
11.23 Transit Employee Protective Arrangements.
The Contractor agrees to comply with applicable transit employee protective requirements, as follows:
1. The Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contact and to meet the employee protective requirements of 49 U.S.C. 5333(b), and U.S.DOL guidelines at 29 CFR Part 215, and any amendments there to.
2. The Contractor also agrees to include the applicable requirements in each subagreement involving transit operations financed in whole or in part with federal assistance provided by the FTA.
11.24 Safe Operations of Motor Vehicles.
Contractor agrees as follows:
1. Seat Belt Use: In accordance with the provisions of Executive Order No. 13043, “Increasing Seat Belt Use in the United States,” April 16, 1997, 23 U.S.C. § 402 note, Contractor is required to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or CITY.
2. Distracted Driving: In accordance with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging While Driving,” October 1, 2009, and DOT Order 3902.10, “Text Messaging While Driving,” December 30, 2009, Contractor is required to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contractor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.
11.25 Substance Abuse Requirements.
Contractor agrees to comply with the following Federal substance abuse regulations:
A. Drug-Free Workplace: U.S. DOT regulations, “Drug-Free” Workplace Requirements (Grants),” 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. § 702 et seq.
B. Alcohol Misuse and Prohibited Drug Use: FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655, to the extent applicable.
Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR parts 655, produce any documentation necessary to establish its compliance with Parts 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or CITY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. Contractor agrees further to certify annually its compliance with Part 655. To certify compliance Contractor shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is published annually in the Federal Register.
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11.26 Protection of Animals.
The Contractor agrees to comply with the Animal Welfare Act, 7 U.S.C. Sections 2131 et seq. and Department of Agriculture regulations, “Animal Welfare,” 9 CFR Subchapter A, Parts 1, 2, 3, and
4. 11.27 Flow Down Requirements.
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal 94 Government as a party to litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier.
Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions.
11.28 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Requirements.
(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant City Council/RSA Agenda 199 Tuesday, May 23, 2023
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funds to:
(1). Procure or obtain;
(2).Extend or renew a contract to procure or obtain; or (3).Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii). Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii). Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471.
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EXHIBIT D
STATE AND LOCAL REQUIREMENTS
Section 12 STATE AND LOCAL REQUIRMENTS
12.1 Compliance with California Labor Code Sections 1070-1074. The Contractor agrees to comply with all the provisions of California Labor Code Sections 1070-1074 regarding Transit Employee Protective Agreements.
12.2 Compliance with City of Union City – Transit Division Purchasing Policies. The Contractor agrees to follow the “City of Union City – Transit Division Purchasing Policies Updated – July 21, 2021” and “City of Union City – Transit Division Purchasing Policies Addendum I Updated – February 16, 2022” for applicable procurements.
City Council/RSA Agenda 202 Tuesday, May 23, 2023
Contracted Dumbarton
Bridge Express Bus
Services
RFP 21 - 14
Submitted To:
City of Union City
Steve Adams, Contract Officer and
Transit Manager
34650 Seventh Street
Union City, CA 94587
p: 510.675.5446
Submitted By:
MV Transportation, Inc.
2711 N. Haskell Avenue
Suite 1500 LB-2
Dallas, TX 75204
p: 972.391.4600
www.mvtransit.com
MV Transportation, Inc. is a federal contractor or subcontractor which complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60; 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R.
Part 60-741; 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 and/or 60-300; and 29 CFR Part 471, Appendix A. MV is an Equal Employment Opportunity/Affirmative Action Employer.
City Council/RSA Agenda 203 Tuesday, May 23, 2023
DUMBARTON BRIDGE EXPRESS BUS SERVICES
MV TRANSPORTATION, INC.• RFP NO. 21 - 14
Confidentiality Statement
As a privately-held company, many aspects of MV’s business is considered confidential. The proposal contained herein offers details regarding our proposed operating plan for the Dumbarton Bridge Express and includes client information, operating procedures, management candidates, and innovative approaches that our Board of Directors considers Confidential and/or Trade Secrets.
For ease of the City’s review, MV:
• Indicates those sections of our proposal narrative considered either confidential or a trade secret using footnotes;
• Includes confidential attachments in this proposal response; these are marked “confidential” in the margins of each document;
• Considers its pricing information confidential and has therefore indicated so in the margin of each price page; and,
• Has enclosed its Audited Financial Statements in a separate file with its proposal submission.
City Council/RSA Agenda 204 Tuesday, May 23, 2023
MV Transportation, Inc. 750 Mason Street | Suite 105 | Vacaville, CA 95688 A. Cover Letter
Steve Adams, Contract Officer and
Transit Manager
City of Union City
34650 Seventh Street
Union City, CA 94587
Email [email protected]
MV Transportation, Inc. and all subsidiaries, joint ventures, partnerships, and affiliates (or MV) greatly appreciate the opportunity to submit its proposal in response to the Dumbarton Bridge Regional Operations Consortium’s RFP for Contracted Dumbarton Bridge Express Bus Services. We are proud of our history of passenger transportation, and we are pleased to continue to offer quality service delivered by qualified and professional people for these operations. The company is confident that its proposed operating approach offers the best value for the Consortium.
Executive Summary – Introduction to MV and Our Qualifications The Dumbarton Bridge Regional Operations
Consortium, consisting of the Alameda-Contra
Costa Transit District (AC Transit), the Bay Area
Rapid Transit District (BART), the San Mateo
County Transit District (SamTrans), the City of
Union City, and the Santa Clara Valley
Transportation Authority (VTA) is seeking a
contractor to provide the Dumbarton Bridge Express
services serving commuters in the East Bay region
across the Dumbarton Bridge on the Peninsula.
While the service is currently running at 85 percent
of its pre-COVID service levels, it is anticipated that this service will only grow during the next three to
five years. The current service operates 5am to 9pm. We understand that the new U-line service will start at some point during the contract term to expand service during peak hours.
The Consortium needs a partner that understands the service and its unique attributes. It also will benefit from a contractor that has the ability to operate and maintain the fleet of vehicles for this operation seamlessly, including any upcoming expansions.
MV Knows the Dumbarton Bridge Express Service
MV began providing services for the Dumbarton Bridge Express service in 2011. Over the course of the past 12 years, we have demonstrated our commitment to excellence with superior on-time performance of 88 percent (standard of 85 percent), low rate of complaints (consistently gaining incentives for zero complaints in a month), and an impressive record for minimal road calls (2022 average of 43,000 miles between road calls). As the current provider of the Union City services, we bring the convenience and benefit of a well-placed local team with offices on City Council/RSA Agenda 205 Tuesday, May 23, 2023
MV Transportation, Inc. 750 Mason Street | Suite 105 | Vacaville, CA 95688 the Union City property, where the DBX vehicles are parked. Additionally, MV holds a lease on a maintenance facility only 3.3 miles away from the Union City division, which limits deadhead for maintenance services and ensures that we are able to keep the vehicles in excellent condition. During this new contract term, we intend to add a third maintenance bay to this shop to allow us to accommodate the U-Line expansion.
MV has wage certainty with Collective Bargaining Agreements in place with Teamsters 70 (Union City), representing drivers, dispatch, utility and road supervisors as well as East Bay Auto Machinist Local Lodge 1546, Machinist Automotive Trades District Lodge No. 190 (Union City) representing technicians and parts clerk. Both of these CBAs were negotiated in good faith and represented competitive wage and benefit packages for all of our employees.
A Team that Understands the Service
MV’s leadership for these operations includes our General Manager Rudy Olvera. Rudy, a transportation veteran, has managed these services since 2017. Our team also includes Ashreet (Sunny) Bhan, our newly appointed assistant general manager, who has been with the Dumbarton Bridge Express service since 2014. During this time, he has worked his way up from operator to dispatcher to behind-the-wheel trainer, and now to his current role as assistant general manager. Doug Montez will continue as our maintenance manager in the new term. He has been serving in this role since 2020 and has maintained a record of 100 percent on-time performance for preventive maintenance inspections and has never failed a CHP inspection.
Both Rudy and Doug are well-known and respected by both the RFP administrator, Union City and the contract administrator, AC Transit.
New Technology Driving Continuous Improvement
MV is offering the following technological solutions to the Consortium to improve our employee engagement, enhance the safety of our operations, and support the environment:
• MV Driver App: This is a state-of-the-art smartphone application and in-office kiosk explicitly designed for vehicle operators. This platform includes functions for check-in, timesheet review, time-off requests, payroll adjustments, and incident reports. As a part of our ongoing approach to open and honest communication with our employees, the MV Driver App is constantly evolving, adding new functions over time. • Moving to a Paperless Environment:
> Tablet Technology for Supervisors and Maintenance Staff: Our road supervisory and maintenance functions will move to a paperless environment in this new contract term. Each of our supervisors and maintenance technicians will be provided with a tablet computer that will include simple applications to assist them in their jobs, including the ability to submit reports and paperwork, perform inspections, and create work orders. > Zonar: With this new contract, MV offers to implement Zonar on all our revenue vehicles. Zonar simplifies the pre and post-trip inspection process and eliminates paper inspections. MV worked with Zonar to develop a standard system export from Zonar to Trapeze-EAM, our Maintenance Management System (MMS).
• DriveCam SF400: In this term, MV will ensure that all vehicles are equipped with the latest DriveCam system, the SF400 Event Recorder. The DriveCam system is a unique event recorder that continuously records footage inside the vehicle and on the road.
City Council/RSA Agenda 206 Tuesday, May 23, 2023
MV Transportation, Inc. 750 Mason Street | Suite 105 | Vacaville, CA 95688 • Mobileye: MV has budgeted for the inclusion of Mobileye technology on all of the Dumbarton Bridge Express vehicles in this contract term. Mobileye is a collision avoidance technology that alerts drivers to possible high-risk or dangerous situations. In combination with DriveCam, Mobileye has had proven results in reducing accident frequency at MV divisions.
MV is also proposing, as an optional enhancement, the addition of TripShot CAD/AVL to the DBX vehicles. As described in Section F.1 of this proposal, this solution will allow improved service monitoring and a passenger facing application that will allow riders to check on the status of their bus from their mobile device. TripShot leverages leading navigation analytics tools, giving it insight into real-time traffic and allowing the system to seamlessly deliver accurate vehicle location regardless of accidents, inclement weather, or signal disruption.
Moving Forward with MV
We understand that the Consortium is
seeking the right partner to provide these
services. As the current provider of both
these services and the Union City
operations, MV brings an unparalleled
level of knowledge of the Dumbarton
Bridge Express. We have an established
and experienced local management
team, and we also bring the extensive
support of our corporate and regional
teams to support these operations. Our
facility is conveniently located less than
four miles from the Union City facility
where the DBX vehicles are parked. We have provided, over the past 12 years, a safe and happy workplace for our employees. And, MV also has the ability to support the Consortium into the future of these services, including the expansion of the U-Line, in a seamless manner.
We have provided a proposal that highlights our current experience as well as the solutions that we can offer in the new term. We look forward to building on the relationship we have built with the Consortium and continuing to provide safe, efficient, and friendly service to the commuters in the Bay Area.
Agreement
MV is prepared to sign the Agreement for Services (Appendix A) without alterations or exceptions.
Binding Proposal
MV Transportation’s proposal is binding for 120 days from the date of submission.
DBE Standards
MV Transportation agrees to abide by the requirements of the City’s DBE standards as detailed in Part 1, Section 1.3.C, Disadvantaged Business Enterprises (DBE) Program. We have City Council/RSA Agenda 207 Tuesday, May 23, 2023
MV Transportation, Inc. 750 Mason Street | Suite 105 | Vacaville, CA 95688 provided our DBE forms in Section M – Required Forms. We will also provide a copy of our complete DBE Good Faith Efforts package upon request.
Authorized Signature
I, Dorothea DePrisco, Assistant Corporate Secretary, have signed this letter, and am authorized to bind MV Transportation to the proposal and contract, if awarded. I have read, understood, and verify that MV Transportation will comply with all terms and conditions set forth in the Agreement.
Senior Vice President of Business Development Dennis Shipman is your primary contact for this procurement. He is authorized to make representations for MV Transportation, Inc., to include all its subsidiaries, joint ventures, partnerships, and affiliates (the bidding entity). If awarded the contract, the Contracting Party will be MV Public Transportation, Inc.
You can reach Dennis at (303) 956-4413 or [email protected]. Additionally, Joe Escobedo, senior vice president, will serve as your secondary contact; you can contact Joe at (623) 340-3209 or [email protected]. Please direct all correspondence related to this and all future procurements to MV’s bid office located at 750 Mason Street, Suite 105, Vacaville, CA 95688, fax number (707) 446-4177.
Sincerely,
Dorothea DePrisco
Assistant Corporate Secretary
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B. Table of Contents
A. Cover Letter ............................................................................................i B. Table of Contents ..................................................................................v C. Proposer’s Qualifications and Experience .........................................1
1. Company Qualifications, Experience, and References......................................... 1
2. Financial Qualifications......................................................................................... 4
3. Qualifications and Experience of Key Personnel.................................................. 5
4. Organization Chart ............................................................................................... 8
5. Use of Subcontractors .......................................................................................... 9
6. Permits, Licenses, and Certifications.................................................................... 9 D. Use of Qualified Employees of the Prior Contractor..........................9 E. Evidence of Ability to Provide Insurance..........................................10 F. Project Methodology...........................................................................10
1. Work Plan........................................................................................................... 10
2. Implementation and Functionality of Tasks and Deliverables............................. 14 G. Farebox Collection ..............................................................................40 H. Cost Proposal ......................................................................................40 I. Exceptions to Solicitation Documents ..............................................41 J. Joint Venture Agreement, if applicable.............................................41 K. Acknowledgement of Addenda ..........................................................41 L. Proposal Security................................................................................41 M. Required Forms...................................................................................41 Appendices
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C. Proposer’s Qualifications and Experience
1. Company Qualifications, Experience, and References
a. Description of the Firm
Company History
MV Transportation was founded in San Francisco, California, by Feysan and Alex Lodde in 1975. Our founders' mission was to provide freedom of mobility to those individuals who did not have access to transit due to their disability or age. Paratransit service did not exist at this time, and many apartment buildings did not have elevators. These factors enforced the criticality of the Loddes' work. To serve her passengers, Feysan would carry passengers up and down flights of stairs.
This history still defines who we are as a company: compassionate, forward-thinking, and staunchly committed to delivering critical services to
our communities.
Today, MV operates in 125 locations within 26 states in the U.S. and two provinces in Canada. We work with
public entities like cities, counties, transit agencies, school districts, universities, and private companies.
While our portfolio of customers is diverse, our job
remains focused on the efficient and safe mobility of
people.
From fixed route to paratransit, on-demand, TNC,
microtransit, and shuttle, our team plays a significant role in mobility today. U.S.-owned and privately held,
MV offers the Dumbarton Bridge Regional Operations Consortium (the Consortium) a progressive partnership with the experience to accomplish your goals – with inventive approaches and utmost flexibility.
Company Experience
MV operates 155 passenger transportation services contracts across North America. We offer turnkey services within our operations, including fleet and facility maintenance, transit management technologies, labor management, and service model design. MV unites industry best practices with state-of-the-art operating concepts to deliver unique solutions to our customers.
• Fixed Route, Commuter, and Shuttle: Fixed route, commuter services, and employee shuttles comprise our fixed route experience. MV is the provider of choice for large, highprofile agencies and private customers alike. We work with our clients to deliver passengerfacing technologies, best practices in transit management, and high-volume passenger systems solutions.
• Paratransit and Demand Service: MV provides more demand response service than any other company; this work is the foundation of our business, and we have remained the market Feysan and Alex Lodde
Founders and owners
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leader. Our experience ranges from small, local general-public dial-a-rides to complex, high volume, metropolitan ADA services. In addition to directly-operated services, we also broker services across multi-provider environments. From Los Angeles to New York City, our paratransit footprint is unsurpassed.
• Microtransit: Over the past decade, MV has worked with our clients to meet demand while rightsizing service using Microtransit, flag stop, flex route, and route deviation service. In recent years, MV successfully launched Dallas Area Rapid Transit and LANOW for the Los Angeles Department of Transportation.
• Flex Route and On-Demand Shuttle: For decades, our team has delivered route deviations, zone-based flex routes, on-demand shuttles and on-demand service using Uber. From workforce transportation to rural deviated fixed route systems, our operations flex to solve the specific needs of the communities we serve.
b. References
Union City Transit
City of Union City
Union City, Calif. MV began providing fixed route and ADA paratransit services for the City of Union City in 2000.
The fixed route service routes coordinate with other major transportation services in the area, including Bay Area Rapid Transit (BART), AC Transit, and the Dumbarton Express, with main transfer points at the Union City BART station and the Union Landing transit facility.
The paratransit service operates within the city limits of Union City with limited service to adjacent cities and is available to eligible passengers with disabilities. 26 mixed fleet vehicles of CNG vans and battery electric vehicles Simpli scheduling and dispatch, mobile data terminals, and proprietary real-time monitoring tools to manage on-road service delivery are used.
MV is in the second contract term since 2000.
MV provides operations, reservations, dispatch, and maintenance.
Please contact Steve Adams, Transit Manager at [email protected] or (510) 675- 5446 as a reference for this contract.
Roseville Transit System and South Placer Transit Information Center City of Roseville
Roseville, Calif. MV began operating the fixed route, commuter, and complementary ADA paratransit services (the Dial-A-Ride) for the City of Roseville in 2001. These services, which City Council/RSA Agenda 211 Tuesday, May 23, 2023
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collectively form the Roseville Transit system, connect Roseville's residents to the surrounding Sacramento and Placer Counties.
MV also operates the South Placer Transit Information Center on behalf of Roseville Transit and three partner agencies. MV’s team assisted with the implementation of this centralized, regional call center. Customers of the transportation services represented by the call center can call for information or access it through an online information portal. 47 vehicles maintained by the client
Zonar performs and tracks daily vehicle inspections, and the City performs the maintenance.
Trapeze PASS system and a proprietary reporting tool for paratransit scheduling, reservations, and dispatching.
CNG, gas, and diesel fuel types
MV provides operations, reservations, and dispatch.
Recognized as Regional Project of the Year by the Sacramento Area Council of Governments.
Please contact Ed Scofield, Alternative Transportation Manager, Public Works – Alternative Transportation at office phone (916) 774-5449 and email:
ECScofield@roseville,ca.us
WestCAT
Western Contra Costa County Transit Authority
Pinole, Calif. Western Contra Costa County Transit Authority (WestCAT) is a California public transportation entity established in 1977 under a joint agreement between Contra Costa County and the cities of Hercules and Pinole. WestCAT provides a network of local fixed route, a LYNX Express Service and Dial-a-Ride services for resident and commuters alike throughout western Contra Costa County, in addition to regional and transbay services to the city of San Francisco.
Since 2000, MV has partnered with WestCAT by positioning them for the next 20-years through modernization and innovations that prepare the agency for the next era of public transit, particularly related to customer service, dispatching and scheduling.
MV is in its fourth contract term.
60 vehicle fleet is used for this service.
Trapeze PASS system for scheduling, reservations, and dispatching for the Dial-A-Ride service.
Fixed-route, Paratransit, Operations, and Maintenance services are provided.
Team of 90 professionals.
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365 days a year service
Full scope of support and vehicle maintenance is provided by MV.
Please contact Rob Thompson, General Manager at [email protected] or (510) 309- 7603 as a reference for this contract.
c. Credit References
Company Name Contact Information
FleetPride Attn: Steven Stockseth
PO Box 9156
Corpus Christi, TX 78469
Phone: (361) 883-4358 x 126
Fax: (361) 437-4663
Email: [email protected]
Account # 752190-069
W.W. Grainger Corp. Credit Reference Inquiries
Office Headquarters
100 Grainger Pkwy.
Lake Forest, IL 60045
Phone: (847) 647-2060
Account # 825542871
Please note this vendor only responds to credit inquiries via phone Packer Norris Parts Attn: Debbie Morelock
8800 Citation Road
Baltimore, MD 21221
Phone: (443) 549-1218
Fax: (410) 285-1300
Email: [email protected]
Valvoline LLC Attn: Credit Team
100 Valvoline Way
Lexington, KY 40509
Fax: (866) 379-9943
Email: [email protected]
2. Financial Qualifications
MV is a privately held firm, and as such, its financial statements are confidential and proprietary trade secret information. Accordingly, MV’s confidential audited financial statements for 2019- 2021 are submitted in a separate file with the Technical Proposal. Please note that MV’s audited financial statements for 2022 are not complete at the time of proposal submission. We have provided proof of our ability to obtain required bonding and our letter and certificate of insurance in Appendix A of this proposal.
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3. Qualifications and Experience of Key Personnel
Below, we have provided brief biographical sketches of our proposed management team, who have all signed offer letters to work on the Dumbarton Bridge Express operations in the new term. Please see Appendix B for full resumes for each member of our proposed team.
Rudy Olvera, General Manager
Rudy Olvera is MV’s proposed general manager for the Dumbarton Bridge Express service. With more than two decades of serving in a supervisory role, Rudy has become an expert in operations and has successfully worked to improve efficiency and effectiveness in his division. He is an employee-focused leader, working with the community to understand their needs and human resources to onboard, train, and retain.
Rudy currently serves as the general manager at MV Transportation for this contract. Rudy oversees the paratransit, fixed route, and ondemand service operations. He leads the Union City team, overseeing all functions, including all supervisory roles, maintenance, dispatch, trainers, and operators. Rudy’s dedication contributes to the success of the Dumbarton Bridge Express service, and he works to implement new strategies to enhance the client’s daily experience. He focuses on the community that Dumbarton Bridge Express serves, and his main priority is the safety of operators and passengers and innovation that increases safety and ensures efficiency. Prior to managing the Union City and Dumbarton Bridge Express services for MV, Rudy served in a variety of increasingly responsible management roles for companies outside of the transportation industry. In these roles, he honed his customer service and account management skills and was instrumental in building quality customer relationships.
Ashreet (Sunny) Bhan, Assistant General Manager/Safety and Training Manager
Ashreet (Sunny) Bhan is MV’s proposed assistant general manager for the Dumbarton Bridge Express service. Sunny has been a superior operator, dispatcher, and training instructor for the Dumbarton Bridge Express service since 2014. Sunny has proven his dedication to safety and customer service with a 100% pass-rate for his students in training classes. He has held a TSI certification since 2017 and a BTW Instructor Certification since 2016. Prior to joining the Dumbarton Bridge Express team, Sunny was a bus operator for A/C Transit in Hayward, Calif. from 2013 to 2014. He also has managerial experience as a property manager for Public Storage – Bay Area facilities.
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Doug Montez, Maintenance Manager
Doug Montez is MV's proposed maintenance manager for the Dumbarton Bridge Express fleet. He offers over 20 years in the transportation industry and holds ASE A4, A5, and A6 certifications as well as Bendix Brake Training certification. Doug’s knowledge and expertise are reflected in the attention he puts into his work and by maintaining a charge-out rate of over 95 percent.
Since 2020, Doug has served as the maintenance manager for MV in Union City serving both the City and the Dumbarton Bridge Express services, managing the fleet and facility maintenance, with extensive knowledge maintaining CNG fleets. Doug schedules and plans all repairs, including warranty repairs, and checks work orders for parts labor and repair descriptions after completion. Doug keeps meticulous records of all repairs, fuel levels, and preventive maintenance services. He oversees a team of six technicians, and one parts clerk. Doug closely works with technicians to ensure all repairs and appropriate paperwork are accurate and in coordination with the client's request. Doug exhibits excellent leadership by establishing rules and guidelines for vehicle repairs and ensuring all records are per FMCSA and DOT guidelines. He provides consistent maintenance status with repairs and vehicle availability to management and senior leadership. He also communicates with the general manager about fleet and facility budget and any future repairs or parts stock items.
Doug performs annual, quarterly, and monthly inspections and maintains excellent audit results.
Prior to joining MV, Doug served as a fleet maintenance manager and regional maintenance manager for the west coast operations for a large transportation contractor. During this time, he supervised the management staff at 28 locations and performed performance reviews and audits and each of these locations. He began his career as an Equipment Mechanic with the U.S. Army from 1980 – 1984 and is a proud veteran of the Army. He has worked in fleet maintenance his entire career.
Additional Support
In addition to our highly experienced and skilled local management team, MV also offers the strength and support of a robust corporate support team. The individuals comprising this team are experts in the transit industry and they are available to support the local Dumbarton Bridge Express team to provide the highest quality services.
Corporate Support Personnel Qualifications and Support
Peter Edwards,
Vice President,
Operations
Peter Edwards is MV’s vice president of operations with oversight of the northern California region. Prior to his current role, he served as MV’s general manager for the City of Santa Rosa, Marin County, and Pinole (WestCAT)
services. He brings nearly 20 years of transportation
management experience to this contract.
Through his hands-on approach to management, Peter
maintains good relations with his employees, leads by
example, and has a history of resolving complex problems for clients and customers alike.
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Corporate Support Personnel Qualifications and Support
Elizabeth
Stayner, Senior
Transit
Planning
Manager
As the Senior Transit Planning Manager, Elizabeth
Stayner serves as MV’s in-house expert for routing,
schedules, and runcutting for our most complex
operations. She has extensive planning experience that
she utilizes to create operator deployment schedules
tailored to our clients’ unique operational needs.
During her 11-year tenure with MV, Elizabeth has gained firsthand experience in transit operations in positions that include dispatcher, operations manager, and special
projects manager. From 2011 to 2013, she oversaw the
daily operations of 72 operators and 6 dispatchers as
MV’s operations manager at our Vallejo, CA operation.
Here, she created runcuts and operator and dispatch
schedules and served as a liaison between union agents, the client, and MV.
Stephanie
Doughty, Vice
President,
Professional
Services
With over a decade of management experience in the
technology sector, Stephanie Doughty will bring expertise and organization to the Dumbarton Bridge Express.
During her time at MV, Stephanie has demonstrated her
ability to successfully affect change at our divisions. She has increased team capacity by two contract resources at no additional costs and created a start-up group focusing on providing technology support services to transit
customers.
Prior to MV, she was a senior manager for the McAfee
Management Global Support team. She also worked as a
security manager for Intel, and a network delivery leader for Hewlett-Packard.
Kenneth
Pouncey,
Senior Director
of Maintenance
Kenneth (Kenny) Pouncey joined MV in 2005 as director
of maintenance for its locations in the Southern region of California. His nearly 30 years of transit maintenance
experience includes positions within private companies
and public organizations, where he has managed the
maintenance of hundreds of vehicles. Kenny works with
MV’s local maintenance managers and their teams to
confirm that each vehicle is in superior condition and
within the standards set forth by MV and its clients. He frequently visits MV’s maintenance locations to perform audits, conduct training, meet with clients, and confirm that all fleet and equipment assets in use are maintained appropriately and safely.
Kenny holds expertise in alternative fuel-powered
vehicles. His extensive work in California offers unique insight into regulatory requirements regarding clean air, environmental management, and renewable energies.
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Corporate Support Personnel Qualifications and Support
Yohannes
Awoke,
Director of
Safety
Yohannes Awoke serves as MV's director of safety for the Northern region of California. He is a crucial member of MV's safety support team and provides safety and training oversight to each of his assigned locations. He conducts audits of all safety and security-related operations and works with the local team to garner any additional support needed in this critical area. Yohannes has more than a
decade of training experience and holds numerous
training certifications.
Yohannes is an experienced trainer and safety
professional. He is a Certified DOT Instructor and
Transportation Safety Institute's (TSI) "Train the Trainer" course. In 2008, Yohannes became one of only a few
Master of TSI Instructors in the nation. This achievement certifies him to train trainers in transit and paratransit bus operations for transit supervisor certifications, drug and alcohol certification, and accident investigations.
4. Organization Chart
Corporate Organizational Chart
Board of Directors
Harry Wilson
Interim CEO and
Executive Director
Jarrett Andrews
Chief Human
Resources Officer
Cristina Pereira
Sr. Director of
Human Resources
Richard Pires
Director of Labor
Relations
Ted Navitskas
General Counsel
Stephanie Weber
Vice President of
Safety Operations
Yohannes Awoke
Director of Safety
Kevin Klika
President/Chief
Operating Officer
Peter Edwards
Interim Regional
Leader
Rudy Olvera
General
Manager
Jim Haring
Chief Information
Officer
TBD
Vice President of
Risk
James Schultzman
Chief Maintenance
Officer
Kenneth Pouncey
Director of
Maintenance
Jamie Pierson
Chief Financial
Officer
Mark Shirley
Director of Finance
Scott Sosnowski
Chief Sales
Officer
Joe Escobedo
SVP, Business
Development
Dennis Shipman
SVP, Business
Deveopment
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Local Organizational Chart
5. Use of Subcontractors
We do not intend to use any subcontractors for this service.
6. Permits, Licenses, and Certifications
MV is authorized to do business in the State of California and holds a Business License for both of our locations in Union City. We have provided these certifications in Appendix C to this proposal.
D. Use of Qualified Employees of the Prior
Contractor
MV Transportation, Inc. declares that it will retain the employees of its Dumbarton Express location for a period of not less than 90 days. As the current operator of these services, MV will retain those individuals employed under this contract, except for reasonable and substantiated cause. That cause is limited to the particular employee’s performance or conduct while working under the prior contract or the employee’s failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by MV.
Peter Edwards
Regional Vice
President of
Operations
Rudy Olvera
General Manager
Sunny Bhan
Assistant General
Manager/Safety and
Training Manager
Road Supervisors/
Dispatchers
(2 FT)
Operators
Doug Montez
Maintenance
Manager
B-Level Technicians
(2 FT)
Utility Worker
(1 FT)
Maintenance Clerk
(1 FT)
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E. Evidence of Ability to Provide Insurance
We have provided the requisite evidence of our ability to provide insurance in Appendix A to this proposal.
F. Project Methodology
1. Work Plan
A Day in the Life of the Dumbarton Bridge Express
Operator Check In
The operations team checks the office voicemail and email for cancellations and operator callouts and arranges for extraboard coverage prior to first pullout. In the new contract term, MV will be implementing the MV Driver App. Developed during the COVID pandemic as a method of limiting personal contact, the MV Driver App has developed into a useful tool for the engagement of our employees, particularly during the check-in process. The application can be loaded directly onto the operator’s mobile device, or can be used through a kiosk available at the facility.
• When the operator reports to the facility lobby, they check in at dispatch using the MV Driver App. Operators can check in remotely via their smartphone or in-office kiosk. • As part of the check-in process, the device’s camera takes a picture of the bar code on the back of the driver’s license and a picture of their medical card With the driver’s license and medical card validated, the dispatcher will notify the operator that they have been checked in via the kiosk and give them their route and bus assignment. Any written notices are sent to the App for the operator’s review. A supervisor stationed in the lobby performs fitness-for-duty evaluations on all operators checking in.
Safety Through Daily Inspection
At least one supervisor is in the yard during peak pullout periods to oversee the pre-trip inspection process. This person monitors operators as they perform these inspections, responds to operators' questions, and ensures a timely and coordinated pullout. The supervisor is joined by a technician, starting before pullout (typically 4:30 AM), to address any safetyspecific defects identified during the pre-trip inspection process. General Manager Rudy Olvera will be onsite at approximately 6:00 AM daily and will be available by phone when not on-site.
For the new contract term, MV proposes installing Zonar for pre-and post-trip inspections.
When the operator arrives at the vehicle, they disengage the Zonar unit from the operator area and initiate the pre-trip inspection process. The Zonar unit guides the operator as they inspect all critical areas of the vehicle. The results of this inspection transmit to the Zonar system, and the on-duty technician monitors the results of incoming inspections. If the operator denotes any defects, a work order for the repair is generated in Trapeze-EAM.
If the operator detects an issue with the vehicle that presents a safety hazard and will prevent the vehicle from leaving the yard and entering service, they notify dispatch. A dispatcher contacts the on-duty technician, who determines if they can quickly remediate the issue or pull the vehicle from service.
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If the technician must pull the vehicle from service, they communicate the change with the dispatcher. The dispatcher then assigns a backup vehicle to the operator. The technician places the vehicle out of service.
If the technician can repair it quickly and easily, they do so, and the operator departs the yard and proceeds to the first stop. If the operator does not detect a safety-related defect preventing the vehicle from entering service, the operator departs the yard and proceeds to the first stop.
Dispatch monitors pull out from the Umo system.
TripShot – Optional Technology (for consideration)
MV is proposing the inclusion of TripShot as an optional solution for performance monitoring and dispatch of the Dumbarton Bridge Express service. TripShot provides dispatch dashboards that present service status updates by the route and operator – offering a comprehensive view of how the service is running. TripShot is not included in MV’s current proposed pricing. The cost to operate TripShot is $700 per bus per month.
Dispatchers scan the service for disruptions; they ensure operators are correctly on the route and identify late-running buses. This team works to mitigate these instances throughout the service day and is empowered to direct resources to recover service as needed.
This cost-effective system includes a user-friendly mobile application available to passengers to assist them in obtaining realtime information regarding routes, and ETAs. We have recently implemented TripShot at our FLEX Shuttle operation for the City of Leandro, California.
Understanding the opportunity to meet broader mobility needs across communities, TripShot’s leadership team took their 50+ years of combined cloud computing experience, networking, security, corporate transit, and program management experience and evolved their platform. Today, their product is capable of integrating all facets of the mobility ecosystem into a single, seamless technology solution capable of serving, connecting, and optimizing all transit networks, public and private.
Today TripShot serves more than 100 customers across 150 regions. • Route & Schedule Management: This robust route scheduler manages rides by operator, day, vehicle, and shift. Administrators can add, edit, and remove route schedules, and build customized geofences around stops—all from a single interface. • Dispatch: An intuitive and easy-to-use operational management interface. This bird’s-eye view gives administrators insights into True-Time™ alerts and problem routes as well as the ability to track vehicle locations and on-time performance. Users can search and track an individual ride or vehicle or monitor the entire operating fleet. • CAD/AVL & GPS Playback: Allows for monitoring of vehicle location and activity. With its capacity to capture GPS every second, paired with the intelligence behind TripShot’s mapping algorithms, this delivers accurate notifications. This feature leverages leading navigation analytics tools, giving it insight into real-time traffic and allowing the system to seamlessly deliver accurate vehicle location regardless of accidents, inclement weather, or signal disruption.
• Notifications: Alerts and notifications can be sent to passengers regarding service changes, and other rider facing information.
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• Analytics & Reporting: Integrated dashboards deliver easy-to-view analytics on key metrics like ridership, on-time performance, total traveled vehicle mileage, on-route mileage, and deadhead mileage.
• Mobile Rider App: The app features allows the ability to view route schedules and stop details, receive arrival notifications, and track vehicle location.
Live Day Operations
Fixed Route Operations
Route Initiation
The vehicle operator will follow the route as dictated by the service guidelines. Upon arrival at the first stop, the operator changes the head sign to the appropriate route number and name. If the operator is early, they don’t leave the stop until the first scheduled departure time. The operator proceeds to the next stop at the scheduled departure time. MV’s dispatch team continually monitors service delivery to resolve any issues quickly.
Dispatch Monitoring
Dispatchers are on duty during all service hours to continuously monitor the fixed route service.
Umo provides dispatch dashboards that present service status updates by route and operator – offering a comprehensive view of how the service operates. Should the Consortium decide to implement TripShot, we will be able to provide more robust dispatch dashboards that provide real-time updates to our entire supervision team.
With consistent monitoring, the dispatch team works to mitigate these instances throughout the service day and is empowered to direct resources to recover service as needed. Dispatchers scan the service for disruptions, ensure operators are correctly on the route, and identify laterunning buses. With consistent monitoring, this team works to mitigate these instances throughout the service day and is empowered to direct resources to recover service as needed.
Operators are required to inform dispatch when they are running behind schedule, experiencing a breakdown, or are involved in an accident, incident, or other disruption. Dispatchers direct operators while on the road, informing them when to hold back at a stop to recover on-time performance. As needed, they dispatch a road supervisor, a replacement vehicle, or a technician to the scene to support the issue’s resolution.
Extraboard Operators, Protection Vehicles, and Backup Service A core component of service reliability is the appropriate deployment of protection or backup service. MV’s operational plan offers the following measures to ensure service reliability and improve operational efficiency:
• Extraboard Operators: Extraboard operators are available to replace a regularly scheduled operator or complete work that does not fit into a scheduled run. They are a backup when operators do not arrive to work on time due to vacation or illness. They are available to relieve service in the event of an operator’s illness, roadcall, or any incident that results in placing a vehicle out of service for an extended period. MV has prioritized staffing the support needed to ensure effective and efficient operations in the upcoming contract term. We have budgeted for three and three quarters (3.75) extraboard operator hours each service day. • Backup Vehicles: Backup vehicles are pre-tripped vehicles parked at the operating facility.
These vehicles are available for use during a service disruption, such as a vehicle incident or City Council/RSA Agenda 221 Tuesday, May 23, 2023
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road call. We are also open to exploring the option of staging a spare bus on the opposite side of the bridge to assist with traffic related delays. The cost for staging a spare bus on the west side of the bridge is not included in our solution. We mention this idea as a possible service improvement for future consideration.
• Operator Relief Vehicles: MV has budgeted for one relief vehicle to support the smooth exchange of operators in-field. Based on our runcut, the single relief vehicle will be sufficient to facilitate mid-day operator reliefs at designated layover points. A second spare vehicle is available for relief when there are service disruptions. Additionally, our conveniently located yard and repair shop are only 3.3 miles apart, decreasing wait times for the operator in need.
Road Supervision
We will equip road supervisors with tablets to access MV’s monitoring tools to respond to and manage service. They will use tablets to log incident and accident reports, handle passenger complaints, and assist passengers and operators. While the current Umo system does not have a mobile application that would work on these tablets, the proposed TripShot solution would provide a great deal of functionality on the tablets, including real-time service monitoring in the field.
Our road supervisors are responsible for disseminating critical information, such as service changes and system announcements, to the operator team. They serve as the go-to resource in the field for MV’s operator team.
They perform incident investigations, administer drug and alcohol testing procedures, respond to roadcalls, and resolve passenger disputes as needed. Based on their findings, a management team member will administer progressive discipline per the terms of the respective collective bargaining agreement.
Road supervisors perform operator evaluations to ensure that each operator is safely and correctly performing their job. Road observations are performed discreetly (and unannounced) without disruption to service and include the following review types:
• Observed Ride Checks: Observed ride checks are on-board evaluations of an operator’s customer service and safety skills. Supervisors evaluate areas, including safe vehicle operation and professional passenger interaction. During this check, the supervisor checks the operator’s credentials to ensure proper certifications are up to date and in the operator’s possession.
• Unobserved Service Checks: We conduct unobserved service checks randomly. During these inspections, the supervisor assesses the operator’s driving and safety skills from their service vehicle, following the operator. Operators are typically unaware of these evaluations. • Mobility Device Securement Spot Checks: These random inspections are on-vehicle reviews of an operator’s ability to safely and properly secure a mobility device. The supervisor observes the operator as they secure the passenger’s mobility device and provides coaching and feedback during the observation.
• Pullout Inspections: Pullout inspections are unannounced and occur frequently. In the yard, the supervisor observes the operator as they perform their pre-trip inspection, confirms the operator is in proper uniform and has the appropriate credentials, and is prepared for service that day. The supervisor then checks the vehicle to confirm it is clean and ready for service.
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End of Operator Shift
When the operator has completed their shift, they notify dispatch and head to the yard. After their shift, the operator performs a vehicle walkthrough to collect any items left on board and dispose of trash. Then the operator will conduct a post-trip inspection using the Zonar system.
2. Implementation and Functionality of Tasks and Deliverables a. Implementation and Operation Plan
MV operates under a guiding management philosophy that service quality is derived by a positive work environment where employee engagement and professional development are encouraged, and strong employee performance is recognized. Our oversight and direction of the Dumbarton Bridge Express services, including General Manager Rudy Olvera, Assistant General Manager Sunny Bhan, and Maintenance Manager Doug Montez will continue to ensure that our operations run smoothly.
Throughout this document, we discuss each area of our operation and our methods to ensure compliance with the stated goals and standards set by the Consortium. In Section C.3, we have included information about our management team and their qualifications. We have also provided full resumes for our local management team members in Appendix B. This local team is supported by a robust corporate support structure, described in greater detail in Section C.3.
Each person involved in the oversight and direction of these services will be committed to ensuring that each element of the operation and maintenance of the Dumbarton Bridge Express services are at the highest possible quality.
b. List of Offices, Storage and Maintenance Facilities
Currently, our Dumbarton Bridge Express team is housed in a modular building on the property of the Union City Transit operation. This is also the location where our vehicles are parked.
Operator check-in and breaks occur at this location. During the new contract term, MV is expanding to a larger modular building to create more space for check-in, including an MV Driver App kiosk, and operator breaks.
Our maintenance facility is located 3.3 miles from the Union City Transit facility at 1283 Atlantic Street. This facility currently includes two maintenance bays. MV plans to expand this facility to include a third maintenance bay within the next 18 months. c. Staffing Plan
We anticipate the following staff for this project:
Position Number
Operators 15 FT, 1 PT
General Manager 1 FT
Assistant General Manager/Safety and
Training Manager
1 FT
Maintenance Manager 1 FT
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Position Number
Road Supervisors/Dispatchers 2 FT
B-Level Technicians 2 FT
Utility Workers 1 FT
Maintenance Clerk 1 FT
d. Detailed Plan for Longevity of Employees
Operator Wage Scale
Operator Seniority Year 1 Year 2 Year 3 Year 4 Year 5
Starting $25.75 $27.38 $29.13 $30.88 $31.75
1 year $26.00 $27.63 $29.38 $31.13 $32.00
2 years $26.75 $28.38 $30.13 $31.88 $32.75
3 years $27.50 $29.13 $30.88 $32.63 $33.50
4 years $28.25 $29.88 $31.63 $33.38 $34.25
5 years $29.00 $30.63 $32.38 $34.13 $35.00
6 years $29.75 $31.38 $33.13 $34.88 $35.75
7 years $29.75 $31.38 $33.13 $34.88 $35.75
8 years $29.75 $31.38 $33.13 $34.88 $35.75
9 years $29.75 $31.38 $33.13 $34.88 $35.75
10 years $29.75 $31.38 $33.13 $34.88 $35.75
Non-Operator Wage Scale
Job Title Hourly Wage Job Title Hourly Wage
General Manager $confidential Asst. General Manager $confidential Road
Supervisor/Dispatcher (2)
$31.03 Maintenance Manager $confidential
B Mechanic (2) $38.73 Utility $25.75
Maintenance Clerk $26.75
Benefits
All full-time employees (35+ scheduled hours per week) have the opportunity to participate in the following benefits programs. We have provided a benefits overview as Appendix D to this proposal.
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Benefit Teamsters Machinists Non-Bargained
Vacation Pay 40 hours after 1 year, 80
hours after 3 years, 120
hours after 5 years, 160
hours after 10 years
40 hours after 1 year, 80
hours after 3 years, 120
hours after 5 years
40 hours after 1 year, 120
hours after 5 years
Medical/
Dental
Insurance
The Company shall
contribute the following
amounts towards Medical
Benefits in a Company
Medical plan for each
eligible employee on a
monthly basis.
The Company shall
contribute the following
amounts toward Medical
Benefits in a Company
Medical Plan for each
eligible employee on a
monthly basis. In the
event that there are
increases above the
Company contributions
stated above, the future
increases will be split
evenly between the
company and the
employee up to a
maximum additional
employee increase of
$25.00 per month.
Fulltime employees and
those who qualify under
the ACA are eligible for
health, dental and vision
benefits.
Flexible
Spending
Accounts
(Health Care
FSA and
Dependent
Care FSA)
Savings/spending accounts for pre-tax dollars to cover out-of-pocket medical expenses, childcare, or eldercare expenses during working hours.
Employee
Assistance
Program
Confidential, no-cost counseling services (3 in-person sessions per incident per year). Includes 24/7 resource and referral line for counseling, financial assistance, legal problems, and other issues.
Life and
AD&D
Insurance
Voluntary supplemental life insurance and accidental death and dismemberment insurance plans for employees, spouse/domestic partner, and children Holiday Pay Teamsters: 8 days Machinists: 8 days Non-bargained: 7 days 401(k) 401(k): Employees are
eligible to participate in the
Teamsters 401(k) plan
Machinists 401(k) Plan
MV contributes the
following monthly amounts
MV may offer a
percentage match on each
employee’s first 6 percent
of contribution per year.
Employee only $ 692.95
Employee +1 $1,107.41
Employee + Family $1,615.59
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Benefit Teamsters Machinists Non-Bargained
Pension: Western
Conference of Teamsters
Pension Trust Fund
Contributions:
after 30 days of
continuous employment:
Motivational Programs and Events
Safe operations build positive employee morale and promote a desirable workplace. Knowing this, we tie morale programs to safety by creating fun, safety-focused teambuilding activities throughout the calendar year. Blitzes, raffles, and other employee events bring our team together while promoting safety operating behaviors. This approach creates an environment where safety is the foundation of our culture, celebration, and reward.
Our Dumbarton Bridge Express operation will offer the following incentive benefits to eligible operators. Additionally, General Manager Rudy Olvera will have the autonomy to develop contests and other events within their operation.
Workgroup Description Eligibility
Operators Drive Cam – Gift Card (on-the-spot) Excellent performance in DriveCam recorded event
Operators Positive Recognition – Gift Card
(on-the-spot)
Confirmed positive recognition from
passenger or client
Operators The Katherine McClary Operator
Award (quarterly and annually)
Qualifying operators must exhibit
safe and professional driving
behavior, a positive work attitude,
excellent customer relationship
skills, and a strong attendance
record. We recognize recipients
quarterly, annually, regionally, and
nationally.
Maintenance Technician No Return Repair – Gift Card
(quarterly) No return repairs
Division Attendance Bonus – Free Lunch
(monthly)
Perfect attendance by entire
division
e. Project Manager
We have provided information on our general manager for this project in Section C.3 of this proposal. We have included resumes for our management team in Appendix B to this proposal.
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f. Supervisory and Key Personnel
We have provided information on our management team for this project in Section C.3 of this proposal. We have included resumes for these individuals in Appendix B to this proposal. g. Quality Assurance Plan
Quality Assurance Approach
MV’s quality assurance approach uses a standard “Plan, Do, Check, Act” methodology.
MV offers our clients a cross-functional quality assurance (QA) program that promotes excellence throughout the operation. Our team may adjust these reviews to accommodate the specific service needs, requests, and our experience in similar services, over the contract term.
We perform periodic audits on all areas of the operation, including, in addition to our local management team, key personnel from our corporate support team (described in Section C.3).
Continuous Improvement
Below, we have provided information on areas of the Dumbarton Bridge Express operation where we believe there may be opportunities for improvement:
• On Time Performance (OTP): Currently, the OTP goal is 85 percent. Over the last 12 months, MV’s average OTP is 88 percent. Today, OTP is measured by GPS. Traffic is the largest variable that impacts OTP. Even when there have been significant traffic challenges such as bridge closures, fires on the bridge, or accidents, we have consistently met or exceeded the OTP goal. However, we realize that there is always room for improvement.
We will continue to have a stand-by driver to support potential delays in service. We also would propose the use of a rover vehicle, stationed on the other side of the bridge during peak traffic periods. This solution has a small incremental cost impact, but could significantly affect our ability to respond to delays that may occur on the bridge itself. • Safety: MV’s safety performance has historically been strong at the Dumbarton Bridge Express. We will continue to have safety meetings, safety stand downs, and safety campaigns that promote safe behavior. We are also proposing the addition of the latest DriveCam and Mobileye technology (described in greater detail in Section F.2.h) to support our safety and training efforts. The addition of an assistant general manager/safety and training manager with a proven safety background will help to improve our ability to perform service evaluations and refresher training as needed.
• Miles between Road Calls: MV’s current miles between road calls at this division is 43,000. This amounts to approximately one road call per month. This is an excellent Plan
Quality Assurance
Assessment
Analysis and Trend
Identification
Root Cause Analysis
Do
Action Plan
Development
Action Plan
Implementation
Check
Action Plan
Effectivness
Measured
Act
Action Plan
Incorporated in SOP
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record. Using a TDS repair shop located near the location of the road call can limit deadhead for these types of repairs further improve this metric. • Maintenance: The percentage of preventative maintenance completed on or before due date is 100 percent for this division. We will continue the best practice of random Quality Control inspections by the maintenance manager and lead technician, with a minimum reinspection of 10 percent per month. We are also
proposing a new monthly maintenance report that
would provide information about our fleet activities.
• Recruitment: Our latest recruitment practices,
including targeted advertisements and powerful use
of social media, ensure that we always have a fullystaffed operation.
Additionally, in support of continuous improvement
within the Dumbarton Bridge Express operations, we are
offering the addition of Zonar for pre-trip inspections and the option of adding TripShot for the tracking and
monitoring of the buses.
h. Risk Management Plan
Our Safety and Security Program
MV's safety and security program unites data-driven insights with an established safety culture.
With the end goal of eliminating all at-risk behaviors, accidents, and injuries, we use predictive analytics to drive safety messaging, retraining, safety events, and employee recognition programs. Working within a strict framework, we cascade safety principles across our enterprise on a rigorous schedule. We leverage our membership with the National Safety Council, training from the National Transit Institute, and the USDOT Transportation Safety Institute to unite best practices with custom-developed programs and deliver a comprehensive national safety program.
Destination Zero
Our ongoing Destination Zero Safety Campaign serves as our program's forward vision. This campaign focuses our team on eliminating all at-risk behaviors, accidents, injuries, and
0.098 0.088 0.082 0.052 0.057 0.06 0.053 0.058 0.044 0.033 0.040 0.028 0.042
0.00 0.50
1.00 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Preventable Incident Rate per 100,000 Miles Driven
(NTD Thresholds)
Excellence in Safety –
Dumbarton Bridge Express
The Dumbarton Bridge Express service
has historically had strong safety
performance. In 2023, MV has
achieved zero preventable accidents!
Over the past 12 months, MV has had
zero workers’ compensation claims at
this division as well.
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fatalities. We designed the Destination Zero campaign to align fully with our customers' Vision Zero initiatives.
DriveCam and Mobileye
In the new term, MV will be installing the most up to date versions of DriveCam and Mobileye technology on every vehicle. These systems, in combination, have had proven results in reducing accident frequency at MV divisions.
MV Transportation consistently demonstrates the best safety performance in Transit. MV’s 2020 “Average Severity of Risky Driving Behaviors,” as measured independently by Lytx DriveCam, was 60 percent lower than transit industry peers. • DriveCam: MV launched its strategic partnership with DriveCam powered by Lytx in 2004. We use this onboard camera system with more than 7,000 of our vehicles across the U.S. and work with DriveCam Risk Detection Services to collect data regarding our safety performance. Our safety and data science teams work together to analyze this data using our predictive analytics platform to improve our ongoing performance. The most recent version of DriveCam provides continuous recording, which allows us to review lengthier periods of video to identify trends and unsafe behaviors. This ability has proven useful in looking at scenarios when the event may not have triggered the recording in previous versions.
• Mobileye Collision Avoidance Systems: In 2017, MV launched a national deployment of the Mobileye collision avoidance system. This technology identifies impending collisions and notifies the operator with an auditory warning of the issue – providing time to avoid the collision before it occurs.
Safety Resource Center
MV has developed proven best practices that we have built throughout our 45 years of providing transportation services. Moreover, with more than 200 transportation operations, we offer a knowledge bank of practices, procedures, and approaches, both internally and externally.
With our company's transition to Microsoft Teams and OneDrive, we have created a centrally accessible repository that aggregates resources for our local team to develop tactical plans specific to their unique operating environment, yet consistent with company procedure. Our safety resource center makes safety plan templates, industry publications, data analytics, training materials, campaign ideas, and best practices available to our local leadership teams nationally.
MV Safety Performance Compared to Industry Average
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Schedule of Safety
Our assistant general manager/safety and training manager, Sunny Bhan, will lead the safety and training efforts for the Dumbarton Bridge Express operations. In combination with Maintenance Manager Doug Montez and General Manager Rudy Olvera, Sunny will facilitate the following regularly scheduled safety events:
• Mandatory Operations Safety Meetings: Once per month, all operations personnel will be required to attend safety meetings. These meetings include a discussion of operational safety topics such as defensive driving, injury prevention, and weather-related topics appropriate to the season. These safety meetings are mandatory and represent a part of our standard refresher training for all operations personnel. • Mandatory Maintenance Safety Meetings: Once per month, all maintenance personnel will be required to attend safety meetings. These meetings include a discussion of maintenance safety topics such as personal protective equipment, injury prevention, and shop safety. These meetings are mandatory and represent a part of our standard refresher training for all maintenance personnel.
• Quality Control Checks: Road supervisors and behind-the-wheel trainers are required to complete annual certifications for their fields. The Assistant General Manager will also perform observations and audits of the facility and operational safety. The maintenance manager performs a minimum of 10% fleet re-inspections monthly to ensure that repairs are performed meeting MV standards.
• Monthly Safety Task: Every MV division completes mandatory monthly safety tasks, including a facility inspection, to ensure our compliance with regulatory and internal MV policies.
• Safety Stand Downs: Every other month, MV divisions hold a safety stand down – a daylong safety themed event that promotes safety principles. • Safety Fundamental of the Week: This is a corporate-led initiative to promote skill development and heighten awareness of risks in the field. These fundamental messages are distributed via email, and through the MV Driver App, and contain statistical information regarding the targeted hazard and methods to mitigate the risk. • Weekly Safety Staff Meetings: Every MV division holds a weekly safety staff meeting to maintain our dedication and commitment to safety in all that we do. For the Dumbarton Bridge Express services, these meetings may be combined with our Union City division in order to address common issues.
• Daily Safety Huddle: This daily safety meeting occurs with our maintenance team to address essential maintenance safety items specific to the tasks for that day. • Daily Safety Message: Safety messages reinforce our weekly safety fundamentals, and we post them throughout the facility. Throughout all MV locations, dispatch either reads these messages on the radio to our operators or sends safety messages to MDTs, to remind everyone of the importance of safety each day. The safety message is also communicated via the MV Driver App.
i. Substance Abuse Program Description
MV has a Zero Tolerance Drug and Alcohol Policy and Substance Abuse Program complying with FTA and DOT compliance standards.
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The Program
Every MV employee is subject to four drug and alcohol screening types according to their employment category (safety-sensitive versus not safety-sensitive). Please note that under MV’s Zero Tolerance Drug and Alcohol Testing Program, a positive screen or refusal to be tested under these conditions results in termination of employment.
Testing Types
• Pre-Employment: All job candidates considered for hiring are required to successfully complete and pass a pre-employment drug screen prior to receiving an offer of employment.
Failure to submit to testing, or a positive screen, results in the denial of employment. • Random: All safety sensitive employees are automatically entered into the company pool for random testing pursuant to FTA regulations.
• Post-Accident: We conduct DOT post-accident drug and alcohol testing immediately following an on road incident meeting FTA/DOT criteria. Any employee involved in the incident or accident is subject to testing. If the accident does not meet the FTA/FMCSA testing criteria, MV reserves the right to test any safety sensitive employee regardless of the severity of the incident.
• Reasonable Suspicion: Employees are subject to reasonable suspicion testing if significant and observable changes in their performance, appearance, behavior, speech, etc. provide reasonable suspicion of the influence of alcohol/ drugs. All frontline personnel are observed by supervisory personnel who are certified as having completed the DOT Supervisor’s Class in Reasonable Suspicion Training in Drug and Alcohol.
Training
Once hired, all MV employees receive FTA-compliant training that outlines MV’s Zero Tolerance Program. We address all drug and alcohol testing procedures as part of the initial employee training and annual refresher training. As required by the FTA, initial training includes a minimum of 60 minutes on the effects and consequences of prohibited drug use on personal health, safety, the work environment, and the signs and symptoms that may indicate prohibited drug use.
All supervisors and personnel authorized to make reasonable suspicion determinations receive additional drug and alcohol use indicators training. Training includes the following areas:
• REACT Reasonable Suspicion Decision Training Manual
• MV’s 10 Steps to Successful Reasonable Suspicion Testing Checklist • MV’s Reasonable Suspicion Determination Form
• MV’s Reasonable Suspicion Testing Interview Procedures Quick Tutorial Program Updates
We recognize the importance of remaining compliant and up to date with all regulatory program changes. MV’s Drug and Alcohol Program aligns with the US DOT revisions to 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing.
Audits
MV has successfully completed each FTA audit to which we have been subjected.
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j. Security Management Plan
MV has specific plans and programs designed to mitigate risk and provide a safe, healthy workplace. Each of these plans is available upon request:
• Safety Management System (SMS): MV’s Safety Management System (SMS) integrates our Safety Management Policy, Safety Risk Management, Safety Assurance, and Safety Promotion into our daily activities. This plan outlines systematic procedures, practices, and policies for managing risks and hazards in these four areas and serves as the base guidelines for workplace safety and incident response. MV’s accompanying Public Transportation Agency Safety Plan (PTASP) outlines each location’s safety performance targets and target coordination and includes a Hazard/Risk report template. • System Safety Program Plan (SSPP): To provide a superior level of safety and minimize any risk, MV’s SSPP is maintained by the standards of the American Public Transportation Association (APTA) and the Federal Transit Administration (FTA). • System Security and Emergency Preparedness Plan (SSEPP): This set of comprehensive security goals, objectives, and strategies maximize the security of MV’s passengers, employees, and property. This plan is a blueprint for all security procedures. • Continuity of Operations Plan (COOP): This plan template provides MV’s operations a base for developing its plan to ensure continuous operations during an emergency. The COOP, which sets forth a concept of operations, identify essential functions, and outlines three potential phases of operation: 1) Activation and Relocation, 2) Alternate Facility Operations, and 3) Reconstitution.
• Emergency Action Plan: The EAP helps employees and management make quality decisions during times of crisis and comply with the Occupational Safety and Health Administration’s (OSHA) Standard for Emergency Action Plans, 29 CFR 1910.38. • Bloodborne Pathogen Exposure Control Plan: MV’s Bloodborne Pathogen Exposure plan provides the guidance and training needed to protect employees against exposure to bloodborne pathogens. This plan complies with the Occupational Safety and Health Administration’s (OSHA) Bloodborne Pathogen Standard, 29 CFR 1910.1030, to eliminate or minimize employee occupational exposure to blood, certain other body fluids, or other potentially infectious materials.
k. Training Plan
MV’s pre-employment screening and training programs met the thresholds set forth for attaining Verification of Transit Training (VTT) endorsements. Ongoing MV safety meetings satisfy continued training requirements to maintain these endorsements.
Operator Training Program
In 2021, MV invested in a comprehensive refresh of our operator training program, called Operator Excellence Training (OET). The OET program is founded on MV’s 47 years of transit expertise, DOT Transportation Safety Institute guidelines, and APTA industry best practices.
The OET program complies with the Entry-Level Driver Training (ELDT) regulation and is bestin-class with a strong focus on the fundamentals with a purpose-driven message. Training (ELDT) regulation is best-in-class, with a strong focus on the fundamentals and a purposedriven message.
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Classroom training includes facilitator-led
discussions, training videos, and short quizzes.
Students actively participate in these interactive
sessions and develop their skills in closed
course skills-building activities and structured
behind-the-wheel training. Training is based on
comprehensive driving standards that detail
every aspect of safe and defensive driving.
This program offers consistent and thorough
training to all new operators. Its module-based
format allows trainers to provide refresher
training or customize training to address specific
areas of concern, e.g., unique service area,
particular vehicle or service type, and dispatch
procedures.
Operator Excellence Training
The new program includes over 25 hours of
video with highly specialized content for bus operations. The more current and robust content ensures consistent delivery against core learning outcomes and facilitates an engaging classroom experience with the activity and quiz workbooks.
Training Paths
There are two of operator training, of which a new candidate will qualify for one of the following:
Incumbent/Like Service Training and New Hire Training. The training is based on the candidate’s previous employment, eligibility, and approval.
Incumbent/Like Service Training Path
Incumbent operators are individuals that currently drive the service today when MV starts the service. MV provides an abbreviated classroom training, and the candidate is evaluated on their driving skills.
The Like Service training path is for candidates with prior experience driving a similar or equivalent vehicle to the service we provide. Eligibility for the Like Service training path, there are prerequisites that the candidate must meet, in addition to an approval process. This training path includes full classroom training and an abbreviated behind-the-wheel training schedule based on their ability to demonstrate proficiency in performance standards.
A candidate with previous driving experience must meet the following requirements before training.
• Have operated similar type of vehicle and same class or higher • Have operated a similar type of service
• Have operated in the previous six months
• Approval from MV Area Safety Director
New Hire Training
The new operator training program comprises three main categories: classroom, behind-thewheel, and cadetting time. The required hours are as follows:
Community Involvement
In 2022, when the Union City Police
Department faced challenges with safely
maneuvering the new Union City Police
Command Center vehicle, MV Transportation
sponsored an abbreviated operator excellence
training session for the Union City Police
department. This training provided basic
instruction to the operators of the vehicle in the
operation of large vehicles on public roads as
well as maneuvering the vehicle on the lot.
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Training Hours
Fixed Route and Microtransit
Classroom 29.60
Pre-driving skills 4.50
BTW Hours 31.50
Skills Course 7.00
Basic Driving Skills 24.50
Observation Hours 36
Cadet Driving Hours 16.00
Total Time 117.60
* This training is the minimum training required of a new operator. Operators who require additional attention to specific topics will receive that additional training prior to operating revenue service.
The instructor-led classroom training is based on an adult-learning interactive training model and uses video training modules reinforced by the written training/study guide and activity workbook.
The video training is presented through an interactive host. Pause points are built into the video lessons for appropriate pauses for classroom discussion and interaction, which the classroom instructor leads.
The current operator training program is an enhanced Operator Excellence Training (OET) program. The new OET focuses on delivering a safe, reliable customer experience, including operational reliability. The OET program is an enhanced, modernized training program that focuses intensely on the fundamentals and engages the student in all aspects of becoming a Professional Operator.
Testing occurs at the end of each module and the end of classroom training with a cumulative final exam. Employees must pass with a score of 80 percent or higher to proceed to behindthe-wheel training, consistent with the ELDT regulation.
Required Classroom Training
Below, we have provided information regarding the content of our classroom training modules:
• Onboarding, Policies, and Procedures: This orientation module includes an introduction to the Employee Handbook as well as local Dumbarton Express policies and procedures. • Defensive Driving: MV utilizes the Safety 360 approach to visibility and space including maintaining 360 degrees of visibility around the vehicle and 360 degrees of space around your vehicle as a safety cushion. In addition to the fundamental techniques of Safety 360, students are taught effective strategies to help prepare for any upcoming hazards, such as the “Look, Think, Plan” strategy.
• Sensitivity and Passenger Assistance: MV’s ADA Sensitivity Training Program is tailored to each location and emphasizes courtesy, understanding, and operator’s responsibility to serve all passengers, regardless of background or disability. Training is given to ensure ADA compliance.
• Security Awareness: This training includes lessons on violence in the workplace, theft and robbery prevention, active shooter training, safety and emergency plans, and human trafficking.
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• Customer Service Training: All MV employees are required to attend Platinum Connection Customer Service (PCCS). This training is a facilitator-led course focusing on MV’s vision of customer service and how MV employees connect with customers. MV has a broad definition of the customer, which must be defined within this training: A customer is anyone who depends on you, whether it is your co-workers, clients, or your passengers. • Civil Rights Training: This training program emphasizes the importance of compliance with all laws, Consortium, and MV policies related to non-discrimination. This is reiterated at monthly safety meetings and monitored through complaint data, on-road observations, and other performance monitoring.
• Pre-Driving Skills: Pre-driving skills training is designed to familiarize the student with the larger size and spacing of the Dumbarton Bridge Express vehicles before driving the vehicle on the street. This includes onboard technology, adjusting mirrors, understanding the vehicle size and spacing, and practicing ramp deployment and mobility device securement hands-on.
Behind-the-Wheel Training (BTW) Training
Behind-the-wheel (BTW) training focuses on honing specific basic driving maneuvers and skills necessary to ensure the vehicle's safe operation under actual road operation. During BTW training, students practice what they have learned in the classroom and refine their driving skills with a certified trainer. During this period, the student must demonstrate mastery of 26 specific defensive driving and performance skills before graduating from cadet training.
During classroom training, students are introduced to operational concepts and procedures.
However, during the behind-the-wheel and cadetting training phase, students become more familiarized in practice.
Training
Topic Description
Observation Observation training time is counted separately from behind-the-wheel and cadet training. The training occurs when the student-to-trainer ratio is larger than a oneto-one ratio. Multiple students go out with one trainer and observe a certified trainer (or another trainee) maneuver the vehicle. It offers the opportunity to understand commentary driving and the passenger experience.
Cadet
Training
Upon successful completion of the behind-the-wheel training, trainees enter cadet training called in-service training. Cadet training comprises the trainee operating the vehicle in service under the supervision of a certified cadet trainer. Trainees will operate the vehicle and all on-board technology. Trainees will interact with customers practically, including securing mobility devices, passenger securement, and customer service. During this training, trainees fully command the vehicle as they operate routes. The cadet trainer monitors the trainee for safety, driving behaviors, onboard technology, and passenger interaction, and they provide feedback throughout the process.
During this period, performance is documented on performance charts to provide areas of opportunity and improvement. The trainee is closely monitored and receives their final road and training evaluation. During the cadetting period, we identify any areas of needed retraining and administer based on this need.
Certification
and Testing
Performance and progress through each phase of the training cycles are tracked on performance charts to maintain a running performance log for each student.
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Training
Topic Description
The BTW trainer is responsible for thorough documentation per performance standards for what constitutes a pass (P)/needs improvement (NI).
All operators must pass a final written exam (80 percent) and a final road evaluation before being released into revenue service. Failure to pass will result in additional training of up to 40 hours of remedial training.
Monitoring Training Program Effectiveness
To confirm our training program’s effectiveness, we evaluate each new operator’s performance at 45 days and 75 days post-graduation, as well as conduct training evaluation questionnaires.
As part of our Safety Playbook, we routinely audit various phases and components of the training process, including documentation and trainers. Performance charts are checked for thoroughness, and trainers are observed to ensure that all trainers are training consistently according to performance standards. Trends, areas of opportunity, and standards reviews are conducted during meetings with the training staff.
Ongoing/Refresher Training
Vehicle Operators
In addition to refresher training provided during MV’s monthly safety meetings, we require mandatory retraining at the following points of an operators’ employment:
Type of
Retraining
When its
provided
Length of
Training
Description of Training
Return to
Work
Required when
an operator
returns from
“inactive” status,
30 days, or
more.
8 hours This training consists of a 6-hour classroom
review and a 2-hour behind the wheel road
check. These focus on safety standards,
defensive driving skills, and vehicle familiarity.
PostAccident for
cause
Required within
ten days when
an operator has
a “preventable”
rating for an
accident or
incident.
Varies
based on the
operator’s
ability to
perform the
appropriate
tasks to
standard.
Post-accident retraining focuses on correcting
driving deficiencies and standards that
contributed to the accident. The operator must
demonstrate the ability to perform all of the
required tasks to standard before being
allowed back to driving duties.
Seasonal
Refreshers
We conduct
these refreshers
during specific
periods of the
year, typically in
the fall.
Varies
based on
location and
topics.
The training will include topics/material
appropriate for the region, inclement weather,
environmental, and traffic conditions.
Biannually At a minimum of
every two years
8 hours This training consists of a 6-hour classroom
review and a 2-hour behind the wheel road
check. These focus on safety standards,
defensive driving skills, and vehicle familiarity.
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Other Personnel
In addition to the 12 hours per year for monthly safety meetings, we hold monthly departmental meetings to discuss relevant topics. We discuss customer service, efficient reporting, best uses of provided technology, providing an additional eight – twelve hours of retraining per year.
Maintenance Training
Candidates hired to MV’s shop are required to have the maintenance experience necessary to perform their duties. Once hired, Doug Montez and the shift lead provide orientation and on-thejob training in MV and Dumbarton Bridge Express policies, procedures, and requirements. MV works with all manufacturers to receive any available training offered to stay up to date on vehicle changes.
Maintenance Training Hours
Subject Technician Parts Personnel
Orientation 2.0 2.0
Safety Training 2.0 2.0
Environmental Compliance 2.0 2.0
Hazardous Materials (HAZWOPER) 24.0 24.0
Fall Protection 2.0
Facility Maintenance 2.0 2.0
Basic Repair Skills/Preventive Maintenance 4.0
Basic Electrical Training 5.0
Brake Systems/Interlock 3.0
Wheelchair Ramp Inspection and Repair 3.0
Suspension and Steering 3.0
Engine service, tune-up, and troubleshooting 8.0
Transmission diagnostics and service 8.0
HVAC Systems 8.0
Vendor Training 10.0
ASE Training/Maintenance Best Practices 10.0
Finance and Budgeting 6.0
Labor Relations
Contract Compliance
Reasonable Suspicion Training
Vehicle Orientation (power trains, electrical, A/C,
steering, and suspension) 10.0
Vehicle Orientation for Parts Ordering 4.0
Inventory Control and Methodology 8.0
Warranty Recovery 4.0
TOTAL HOURS 112 64
l. Mobilization Plan
MV is the current operator of these services; therefore, no transition of service will be necessary should MV be selected for the next contract term. Retaining MV as the Dumbarton Bridge Express contractor eliminates the need for a costly startup or the learning curve required by a new contractor and assures these important services’ continuity.
MV is proposing improvements associated with this new contract, including tablets for road supervisors, a tablet for maintenance shop, installation of the latest DriveCam and Mobileye camera technology, deployment of Zonar devices, and integration between Umo (and/or TripShot) for the use of various systems to improve our recordkeeping and reporting.
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m. Farebox Collection Plan
MV records the fares collected on logs acceptable to the Consortium. Rudy Olvera is responsible for the accurate accounting of fare revenues. These counts are also monitored and reviewed for security reasons. We follow the procedures below to increase accountability:
• We keep system keys under strict control. The GFI cash box is accessible for maintenance through the use of a GFI bullet key. The vault is accessible through a vault and receiver key, depending on the system. A bullet key control system uses authorization and a sign out system in the maintenance office. Keys are not issued, nor will maintenance be done on any farebox without an approved work order.
• Rudy keeps the key required to open the door on the lower part of the audit unit. • Before our pull-out, a supervisor removes and replaces each farebox from the units before the day starts.
• Following the procedure, a supervisor probes the unit to unlock the lower pedestal door.
The next business day, we transport the main vault to the secure money room, empty it, and reconcile it accordingly. The general manager or his designated assignee reconciles the fares, and the general manager is present to oversee this process. All reconciled fare revenues are deposited as required and reported to the Consortium.
n. Preventive Maintenance Plan
This section serves as MV's maintenance plan for the Dumbarton Bridge Express. If Union City awards a contract to MV, we base our FTA-compliant annual maintenance plan on this narrative. We will update our maintenance plan and review it annually for compliance with new rules, regulations, and laws.
Fleet Maintenance Management Plan
A primary focus of the vehicle maintenance plan is evaluating and monitoring MV's fleet operations. MV’s program sets forth the performance areas and measurements that serve as the contract compliance standards. These standards meet the terms of MV's and Dumbarton Bridge Express policies, goals, objectives, industry standards, and accepted maintenance procedures – including training activities.
MV will have a customized fleet maintenance management plan created for Dumbarton Bridge Express. This maintenance plan will be a blueprint for our maintenance operations; the information included herein outlines our maintenance team's responsibilities. This plan is not a policy manual; however, it will work in conjunction with MV's maintenance policy manual and related maintenance and safety programs.
Based on MV's experience operating this service, the Dumbarton Bridge Express RFP, and MV's best practices, the company developed the following preliminary goals and objectives for its Dumbarton Bridge Express maintenance department. Please note: These goals and objectives are subject to change based on the Consortium’s and MV's recommendations. • Objective #1: Meet or exceed industry standards for maintenance performance indicators • Objective #2: Continue Appropriate Inventory Control and Management Activities • Objective #3: Setup and Maintain Preventive Maintenance City Council/RSA Agenda 238 Tuesday, May 23, 2023
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Fleet Maintenance Program
Daily Periodic Maintenance
Preventive maintenance starts with our vehicle operators. Before the start of service, the vehicle operator team must ensure a full and proper pre-trip inspection. All reports include a detailed explanation of any issue detected. These issues are recorded in Trapeze Equipment Asset Management (Trapeze EAM, or T-EAM)and immediately received by the maintenance team.
Timely response to these issues ensures a well-maintained fleet.
Fueling, Cleaning, and Repair
We strive to fuel, clean, and perform minor repairs during off-peak or evening hours to prepare the maximum number of vehicles for daily pull-out. MV has procured Zep Spirit II, Triton, Lemonex III, and D-7 for cleaning and disinfecting. These are EPA-approved products against COVID-19. Additionally, Lysol Disinfecting Wipes are included as an effective disinfecting measure in between the deeper cleans. Employees are instructed to clean high-touch areas frequently throughout the day. Examples of these activities are:
Maintenance Activities
Vehicle Cleaning* • Clean interior and inspect for graffiti, cut seats, glazing, lights, fire extinguisher, mirrors, and body for damage or defects
Fare collection • Probe and vault fareboxes/vault exchange Fuel and Lubrication • Fuel vehicle, check all fluid levels, record add fluids as needed
Fuel and Lubrication • Plug in buses for charge, check all fluid levels, record add fluids as needed
Exterior Walkaround • Bump front and rear tires for low pressure (operators also perform this during their pre-trip inspection). Check
exterior for cleanliness. Check hubometer/odometers,
and log mileage
Report all observed defects for
correction
• Document defects on the fuel log or communicate directly to the maintenance supervisor
Repair any defects reported by
service personnel or operators
or those that failed in service
(i.e., road calls)
• Generate work orders for all corrective actions in T-EAM Stage vehicles for pull out • Park cleaned and repaired buses that are ready for service and those scheduled for repair in their respective designated areas
*Vehicle Cleaning: we only use EPA-approved cleaning products for the interior of our vehicles.
Unscheduled Repairs
MV strives to minimize unscheduled repairs by taking a proactive approach to fleet maintenance. This includes rerack inspections, trend analysis on vehicle failure and system failure, and proper training. MV has strict policies prohibiting deferred maintenance, and all City Council/RSA Agenda 239 Tuesday, May 23, 2023
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unscheduled repairs are performed throughout the service day. MV codes unscheduled repairs in T-EAM for ease of analysis and ongoing reporting.
MV performs unscheduled repairs under the following circumstances:
• When a vehicle fails in-service, MV returns the vehicle to the maintenance shop for diagnosis and repair (or mobile technicians repair it in the field). • When an operator reports a defect during a pre- or post-trip inspection, on-site technicians check these defects before the next pull-out.
• When a ramp failure occurs, we repair any accessible equipment failures promptly. We will maintain available ramp-equipped vehicles to ensure we can meet all service levels adequately—no vehicle enters service without a working ramp.
Intermediate Maintenance
Technicians must perform lubrication and inspections to ensure that the vehicle operates without failure or wear-out of components. Examples of actions are as follows:
• MV cleans the interior and exterior through the vehicle facility wash. • Technicians review all previous defect reports to determine areas requiring special attention (including body damage).
• Technicians inspect all major systems (such as the engine, A/C, windows, transmission, doors, chassis, seating, and wheelchair ramps).
• During preventive maintenance inspections, technicians perform all lubrication and change of various fluids based upon mileage and or manufacturer recommendations.
Planned Component Replacement
Planned component replacement is scheduled and minimizes road failures due to known unit failure. When possible, we plan the replacement or rebuilding of a vehicle component based on a periodic schedule. The benefits of this approach include:
• A decrease in unscheduled maintenance;
• Minimized downtime and lower costs due to planned parts and material procurement; • Lessened the need to inspect and test worn-out components; • The reduced overall cost of overhauls.
Inspections and Scheduled Maintenance
Daily Maintenance and Vehicle Inspections
Pre- and post-trip inspections are vital to minimizing service interruptions. The pre-trip inspection is the last line of defense before entering service. It comprises a 12-minute check of critical operating systems to ensure the vehicle is safe and in working order. The post-trip inspection is a shorter inspection designed to check critical systems' performance after a day of service.
Inspection Elements
Pre-Trip Inspection Post-Trip Inspection
• The condition of tires, wheels, rims, and lug
nuts are safe*
• Condition of tires, wheels, rims, and lug nuts
• Absence of any under-vehicle leaks
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Inspection Elements
Pre-Trip Inspection Post-Trip Inspection
• Fluid levels (engine and transmission oil,
cooling, windshield washer, brake fluid, and
power steering) are adequate
• Battery terminals are in good condition
• Absence of any under-vehicle leaks*
• All glass and mirrors are in good condition and
without chips or cracks*
• All lights are operational (headlights*,
clearance lights, and reflectors*, turn signals,
backup lights, and alarm, emergency
flashers*)
• The air conditioner, heating, and
defroster/defogger is operational
• The vehicle is clean, cushions and seatbelts
are secure*
• Windshield wipers, washer, radio, horn, and
passenger door are all operational*
• The registration and insurance are valid, and
registration is visible
• Brake pedal* and parking brake are
operational (airbrakes operate within the
minimum and maximum pressure thresholds)
• The steering wheel is secure, and the gearshift
is tight*
• On-board safety kit is stocked and complete
(first aid, reflectors, fire extinguishers*,
accident packet*, and body fluid kit*)
• Ramp is operating in both electronic and
manual modes, and it is free from leakage*
• Note items marked with asterisks (*) are reinspected during walk-around mid-trip inspections, during shift changes, when
appropriate.
• All glass and mirrors are in good condition and
without chips or cracks
• All lights are operational (headlights, clearance
lights, and reflectors, turn signals, backup
lights, and alarm, emergency flashers)
• Air conditioner and heating, and
defroster/defogger is operational
• The vehicle is clean, cushions and seatbelts
are secure
• Windshield wipers, washer, radio, horn, and
passenger door are all operational
• Brakes pedal is operational
• The steering wheel is secure, and the gearshift
is tight
• The fire extinguisher remains fully charged
• Accident packet and body fluid kit are present
and accessible
• Ramp is operating in both electronic and
manual modes, and it is free from leakage
Defect Repair
If the operator detects a safety hazard that prevents the vehicle from entering service, the operator will note the hazard using the Zonar unit, and then submit the report. The Ground Control software alerts the technician, who will immediately determine that they can quickly rectify the issue or pull the vehicle from service after performing an initial assessment.
If the technician must place the vehicle out of service, they will initiate the lock-out tag-out process, and the dispatcher will assign a standby vehicle to the operator.
Preventive Maintenance Program
MV's preventive maintenance program supports our goal of scheduling more than 80 percent of all maintenance activities. We minimize reactive repair and service disruptions by remaining proactive in our approach to vehicle care.
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Technicians perform preventive inspections and repairs within 500 miles of the required interval (or as contractually required). Maintenance Manager Doug Montez will schedule service during off-peak hours, maximizing fleet availability during times of the highest service demand.
We have included sample PM schedules below for illustrative purposes; however, we will develop final schedules for the Dumbarton Bridge Express fleet during the transition.
Vehicle Preventive Maintenance Cycle
Inspection Interval Diesel Vehicles
A 3,000
(safety) or
90 days
• Vehicle interior and exterior (lights, safety equipment, etc.) • Brake testing
• Door and/or ramp operation/cycling
• Road test (engine, transmission, brake, steering)
• Undercarriage (shocks, brake lines, filters, air lines, drive shaft, etc.) • Engine compartment (fluid and leak inspection)
• Clean/check battery and cables
• Steam clean/pressure-wash engine
• Mobility device ramp inspection and service
• Climate control systems inspection
• Lubrication, oil, and filter change (unless vehicle manufacturer recommends a different interval)
B 6,000 All A level tasks plus:
• Air filter change
• Fuel filter change (if applicable)
C 12,000 All A and B level tasks plus:
• HVAC (leaks, filters, temperature checks, function inspections) D 72,000 All A, B, and C level tasks plus:
• Engine and transmission fluid
• Annual ramp inspection
T 36,000 / 36
Months
• Tank Inspection
* All technicians will be qualified and provided the necessary training to perform visual tank inspections.
Preventive Maintenance Cycle
Documentation
The technician performing the inspection and repairs has a hard copy of the vehicle file with them. The technician documents all activities on a PM checklist and enters the results in TEAM. During this process, they repair any minor defects issued in the vehicle's work order.
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Systems Maintenance
MV maintains all mechanical, electrical, fluid, air, and hydraulic systems to confirm safe and working conditions.
Heating and Cooling Systems
Technicians regulate passenger compartments to maintain consistently comfortable temperatures under all climate conditions. During each preventive maintenance inspection, our technicians inspect the heating, ventilation, and air conditioning (HVAC) systems to ensure they are functioning and free of leaks. The technician also inspects the condition of all brushes and fan motors and changes the filters.
We maintain and operate all air conditioning systems, especially during the off-season.
Operating these systems weekly at ten-minute intervals confirms that the refrigerant compressor is appropriately lubricated and prevents leakage in the compressor shaft seal. This process also ensures early detection of any refrigerant loss. Our team will conduct seasonal HVAC inspections.
Mobility Ramps
We perform frequent inspections of mobility device ramps at the following intervals:
• Daily Inspections: During the daily vehicle inspection, each operator must cycle the vehicle ramp to confirm proper operation. If the equipment does not cycle or cycles improperly during the inspection, the operator must log into Zonar and notify a supervisor who coordinates the repair and, when necessary, the delivery of a replacement vehicle. • Preventive Maintenance Inspections: Mobility device ramps are inspected and cycled at each preventive maintenance inspection cycle. During this inspection, the technician replaces any worn components, cleans the gears, and adjusts alignment as necessary. • Annual Inspections: We perform annual inspections of mobility device ramps. These inspections generally ensure that all safety sensors are working. Technicians receive online and on-site vendor training for these types of inspections.
No vehicle is permitted to enter service without a safe, functioning ramp. If a ramp fails while on the route, we immediately remove and replace the vehicle.
On-Board Security Systems
MV works with equipment manufacturers and their authorized repair shops for the ongoing maintenance of onboard security systems. MV currently uses the DriveCam system for this service; the company has maintained an excellent relationship with Lytx, with whom we work to repair and replace malfunctioning units. MV stocks spare units to ensure working units on the Dumbarton Bridge Express fleet.
We inspect on-board camera systems, such as the Apollo 12-camera system provided by the Consortium, at regular intervals to ensure operability. These inspections typically include:
• Tag button LED – we confirm that the LED on the tag button is green after system startup; • Camera Housings and Lenses – We check housing and lenses for damage (broken components, graffiti, etc.), confirm that screws are tight, and sealant is applied as necessary to prevent water intrusion;
• Audio – We check microphone wiring connections; and,
• Camera Operation – We check the angle and field of view.
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• A more detailed checklist is available upon request.
Onboard Technology Maintenance
MV employs technicians who are adequately trained to inspect, diagnose, and repair or replace the various electronic onboard systems, including but not limited to destination signs, passenger counters, AVL/GPS, and vehicle telematics systems. The original equipment manufacturers of these devices provide recommendations for inspection cycles, which we follow to ensure proper operation. MV will stock all necessary parts and materials to ensure timely repairs.
Farebox Maintenance
Our technicians will clean and inspect fareboxes for proper operation as part of the preventive maintenance cycle. They perform unscheduled repairs immediately and maintain proper maintenance records for each unit.
If an operator identifies an issue during the pre-trip inspection process or the vehicle is on the road, we will immediately assign a technician to complete the repair. The repair technician will consult farebox maintenance records to diagnose the issue and identify any trends. MV keeps parts on hand to minimize downtime for fareboxes.
MV stocks swing units (bill validators/coin mechanisms), sufficient parts, as well as oil, grease, cleaning card, and other expendables to support timely repairs.
Maintenance of Fixed Asset Equipment
Our local team will maintain all fixed assets in the maintenance area according to factory specifications and conditions as required. We schedule each piece of equipment with the manufacturer's recommended maintenance interval for routine maintenance and corresponding service requirements.
Management Systems and OEM Recommendations
Maintenance Information Systems
MV uses the Trapeze Equipment Asset Management (Trapeze EAM, or T-EAM) fleet maintenance software to track maintenance activities, work orders, and parts inventory.
T-EAM is now accessible through our mobile WIFI-enabled tablets, which allow all technicians to access past and present vehicle repair work orders and parts information. Another function includes the ability to create work orders anywhere a repair. Fleet managers designed this system, offering a solid toolset and user-friendly web-based interface. Key features of this system include:
Feature Function
Asset Management Cradle-to-grave equipment management
Work Order Management Shop work order management
Materials Management Comprehensive parts inventory and purchasing functionality Service Requests / Defects Portal used to report problems with assets and equipment Experience Role-based user interfaces for Supervisor, Technician, and Storekeeper functions
This system allows users to create unlimited preventive maintenance schedules, assign schedules to assets, and tie work orders to parts inventory. It includes more than 200 standard reports and integrates with reporting platforms for cohesive operational reporting. The warranty City Council/RSA Agenda 244 Tuesday, May 23, 2023
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and claims tracking functions allow our maintenance team to maximize recovery quickly and clearly. MV uses T-EAM as our company maintenance enterprise system to manage our maintenance activities, track technician productivity, and control costs in more than 125 locations.
Purchasing and Inventory Control
MV has national accounts with several vehicle manufacturers and parts dealers. We leverage our national purchasing power to obtain volume discount price structures that deliver the most efficient pricing to MV and its customers. Our shops follow all original equipment manufacturers' (OEM) specifications and use only OEM parts or equivalent – a practice that prevents safety hazards while promoting best practices. OEM practices minimize unscheduled maintenance frequency, improve service quality, reduce costs, and maximize fleet availability.
MV tracks all parts inventories in T-EAM. We establish minimum and maximum inventory thresholds in the system and run inventory reports to alert our team of parts needs.
We secure all vehicle and equipment parts in an area that is locked when not attended.
Managers perform random spot checks and planned inventories to account for all parts and investigate discrepancies.
Use of Manufacturer Maintenance Manuals and Recommendations We use manufacturer maintenance manuals, and our team carefully evaluates OEM recommendations when developing specific maintenance inspection intervals and practices.
We adhere to OEM manuals when developing best-in-class maintenance practices for troubleshooting, removal, overhaul, repair, and replacement components. We append these manuals as needed to include updates and service bulletins; all manuals are available in our shop.
Our team will engage local vendors and equipment manufacturers who will provide equipmentspecific training. Additionally, we subscribe to manufacturers' dealer support websites and use technical service bulletins available on a specific chassis or application.
Warranty Repair
Gillig authorizes MV to perform in-house warranty work. MV will submit warranty-covered inhouse repairs for reimbursement, saving vehicle downtime.
Our team will administer warranties directly with the manufacturers, including documenting, filing, and processing claims. Doug Montez, the proposed maintenance manager, will manage all warranty recovery and ensure that repairs occur expediently.
We work with local dealerships for warranties associated with chassis work requiring OEM components. Additionally, our company is a certified dealer for Lift-U therefore, we can perform all warranty repairs and access all technical data and updates for these ramps. Our dealer status accelerates repairs and ensures that ramps are in safe working condition.
The company performs warranty repairs to the vehicle body, doors, electrical, seating, flooring, etc., using the prescribed warranty procedure. Maintenance Manager, Doug Montez, will submit claims for reimbursement upon completion of the repair. MV tracks all warranty repairs in TEAM.
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Repairs
Major Repairs
Upon award of the contract, we will identify one or more local vendors. Our team will determine the most advantageous approach to major repairs depending on the local resources available and their associated costs.
Similarly, we either purchase rebuilt transmissions or work with local vendors to rebuild existing transmissions. Our maintenance team will handle all transmission removal, replacement, and installation.
It is always best to replace an engine or transmission with a new or rebuilt unit for which a warranty is available.
Body Repair
MV uses in-house body shop to conduct minor repairs to help decrease down time of the vehicles. The cosmetic condition of the fleet directly affects passenger perception of the service.
Clean, well-maintained vehicles with clean and undamaged upholstery and free of graffiti reinforce the riders' confidence in using the service. Moreover, expeditious body repair eliminates hazards, assures passenger comfort, and reinforces the operators' pride in the service fleet. Our team does not release vehicles into service if they have excessive body damage or damage that presents a safety hazard.
During the preventive maintenance inspection or the next scheduled detailing (whichever comes first), MV's technicians will perform all minor body repairs, such as buffing out scratches, minor paint touch-ups, etc. We will work with a local body shop, Classic Graphics, for major body repair work.
MV does not place buses requiring bodywork into service; bodywork includes any work required above standard cleaning (i.e., graffiti removal, paint touch-ups, dent repair, window replacement, etc.). Upon detection, MV will remove the vehicle from the service. Our team identifies needed repairs during pre-and post-trip inspections, cleaning, preventive maintenance inspections, and when accidents occur.
Road Calls
When a road call occurs, the operator pulls over
to a safe location and contacts dispatch. Using
a troubleshooting guide, the dispatcher first
attempts to help the operator correct the issue.
If they cannot resolve the situation, the
dispatcher contacts an on-duty technician, then
patches them through to the operator to assess the issue's severity. • If the operator can resolve the issue themselves, the technician remains on the radio and coaches the operator as needed until they resolve the situation. • If the operator requires a replacement vehicle, the technician may deliver the vehicle themselves, or work with dispatch to send a standby operator to transfer the passengers and resume the route.
• If the technician must report to the field to resolve the issue and deliver the vehicle back to the yard, the technician drives the shop truck to the vehicle's location and repairs it at the road call site.
Road Call Excellence
Over the last 12 months, MV has maintained an
excellent record of miles between road calls, with
an average of 43,000 miles between road calls for
City Council/RSA Agenda 246 Tuesday, May 23, 2023
DUMBARTON BRIDGE EXPRESS BUS SERVICES
MV TRANSPORTATION, INC.• RFP# 21 - 14 38
• The technician will contact the maintenance manager to coordinate this process if a tow service is required.
• The dispatcher logs each road call, and the assigned technician completes a vehicle breakdown form and includes it in the vehicle file. MV tracks all road calls in T-EAM and calculates miles between road failures to identify trends.
Maintenance Safety
The MV's maintenance program's foundation is an unwavering commitment to creating and maintaining a safe operating and work environment.
All maintenance employees have access to MV's maintenance shop safety handbook. This handbook addresses safety rules for all equipment, machinery, and tools, outlines requirements relative to personal protective equipment (PPE), fire and fluid safety, electrical safety, evacuation, HAZCOM, OSHA, and accident management and reporting. (Monthly safety meetings to cover all OSHA-required training annually.) All MV shops must follow established standards regarding housekeeping, first aid/emergency equipment, PPE availability, signage/posters, and Safety Data Sheets (SDS) availability.
Director of Maintenance Kenneth Pouncey performs facility audits annually to verify that all maintenance activities conform to MV's safety policies.
Out-of-Service Report
The Out of Service (OOS) report is essential to MV's maintenance safety program. We use TEAM to generate an out-of-service report that lists all vehicles out of service by number, date placed out of service, the reason for the outage, the status of the repair, and the anticipated inservice date. Our dispatch team refers to this report when assigning vehicles to routes.
Maintenance Quality Assurance
MV's management team will oversee its maintenance department's service quality and randomly inspect the vehicles after the technicians make repairs. These reviews assess the overall condition of equipment available for revenue service. (A minimum of 10% quality control checks of all vehicles to be performed monthly by the Maintenance Manager) We must present the results of the QA evaluations in simple, straightforward, quantitative terms.
This information can then be analyzed to determine trends, compliance with minimum quality levels, and the need to revise or institute maintenance procedures or job procedures.
We perform maintenance and safety inspections at various times throughout the year at appropriate intervals. These include the following activities:
• The Monthly Facility Audit (Monthly): General Manager Rudy Olvera and his designated staff must conduct facility audits monthly to ensure compliance with MV standards. • The Semiannual Audit (Semi-Annual): Director of Maintenance Kenneth Pouncey will be responsible for scheduling and completing semiannual audits using MV's maintenance audit form, with General Manager Rudy Olvera and Maintenance Manager Doug Montez present.
Together this team will review the audit and develop any needed action plans to correct deficiencies.
• Safety Management Inspections (Annual): These inspections assure location compliance with regulatory and company policy requirements and assess the facility's overall safety. At a minimum, Director of Safety Yohannes Awoke conducts these inspections annually.
City Council/RSA Agenda 247 Tuesday, May 23, 2023
DUMBARTON BRIDGE EXPRESS BUS SERVICES
MV TRANSPORTATION, INC.• RFP# 21 - 14 39
• Maintenance Safety Inspection (Annual): These inspections assure maintenance-specific compliance with regulatory and company policy requirements and assess the maintenance program's overall safety. At a minimum, Director of Maintenance Kenneth Pouncey performs these inspections annually. MV also welcomes facility inspections from members of the Consortium.
o. Environmental and Hazardous Waste Program
Environmental Programs
Our environmental programs follow all local, state, and federal requirements. MV employs local consulting groups specializing in the local markets to ensure all applicable plans are developed appropriately and that our staff is properly trained in managing these programs. • Spill Prevention, Control, Countermeasure Plans (SPCC): Based upon stored quantities of fuel or oil in above-ground tanks, a Tier I or Tier II SPCC plan will be developed. The plan describes the oil handling operations, spill prevention practices, discharge control, and the facility's personnel, equipment, and resources to prevent spills from reaching waterways. • Hazardous Material Plan: MV’s safety and security manager is required to maintain a list of hazardous chemicals known to be present in each work area. This list will be reviewed and updated regularly and kept in the work area on a log sheet. Our shops will fully comply with the Certified Unified Program Agency (CUPA) regulations regarding Hazardous Materials, including developing a Hazardous Materials Business Plan. • Storm Water Pollution Prevention Plans (SWPPP): MV will have our environmental consultants review the existing plans to ensure that plans address all current regulations and best management practices. MV uses Mapistry for end-to-end compliance to plan, organize and provide reminders about critical inspection and sampling tasks and manage corrective actions.
• Wastewater Discharge Permit: MV will ensure all wastewater discharge permits are current and maintained. MV has a national contract with Safety Clean for the periodic cleaning of oil/water separators to remove sludge and build-up and ensure all manifesting is managed for documentation of cleaning and removal.
• Freon: MV technicians are all trained and tested at a minimum in 608/609 Motor Vehicle Air Conditioning recovery and recycling requirements that cover the importance of refrigerant recovery and the effects of improper handling of refrigerants on the ozone layer and climate.
MV only used EPA-approved companies that administer the training and testing. • Recycling: Sustainability programs are in place to ensure MV is conserving and managing resources to prevent pollution and recycling or reusing materials to minimize our environmental impact.
> Antifreeze: Used Antifreeze can last indefinitely. Antifreeze is stored in separate containers to prevent cross-contamination. MV uses Safety Clean to recycle antifreeze, which is returned to suppliers for blending with new products. > Used Lubricants: Used lubricants are stored and picked up for re-refining, which is a process to return the oil to a high-quality base product.
City Council/RSA Agenda 248 Tuesday, May 23, 2023
DUMBARTON BRIDGE EXPRESS BUS SERVICES
MV TRANSPORTATION, INC.• RFP# 21 - 14 40
> Used Filters: Filters are stored and picked up by Safety Clean division Oil Filter Recyclers. OFR has a patented recycling process that separates the oil filters into three products, ferrous metals, filter media, and used oil.
G. Farebox Collection
We have provided our Farebox Collection plan as Section F.2.m of this proposal.
H. Cost Proposal
The Cost Proposal forms may be found on the following pages, including:
• Form A.1 – Cost Proposal Summary Form
• Form A.2 – Cost Proposal Detail Form for the One and One-Half Year Base Term and Three One-Year Option Terms
City Council/RSA Agenda 249 Tuesday, May 23, 2023
Proposer is required to complete Form A.1 and Form A.2 of the Cost Proposal.
Contract Year
Estimated
Daily Revenue
Hours (a)
Service Days
for Year or
Half‐Year (b)
Cost Per Vehicle
Revenue Hour (c)
Estimated Cost Per
Year or Half Year (d) =
(a) x (b) x (c)
Year 0.5 (7/1/23 ‐ 12/31/23) 95 127 124.79 $ $ 1,505,591.35 Year 1 (1/1/24‐12/31/24) 95 254 124.83 $ $ 3,012,147.90 First Option Year (1/1/25‐12/31/25) 95 254 131.15 $ $ 3,164,649.50 Second Option Year (1/1/26‐12/31/26) 95 254 138.80 $ $ 3,349,244.00 Third Option Year (1/1/27‐12/31/27) 95 254 145.20 $ $ 3,503,676.00 $ 14,535,308.75
FORM A.1 - COST PROPOSAL SUMMARY FORM
GRAND TOTAL COST FOR THE ONE AND ONE-HALF YEAR BASE TERM
AND THREE ONE-YEAR OPTION TERMS
Grand Total Cost for Four and One‐Half Years‐‐Sum of (d) City Council/RSA Agenda 250 Tuesday, May 23, 2023
Description
Year 0.5
(7/1/23-
12/31/23)
Year 1
(1/1/24-
12/31/24)
First
Option Year
(1/1/25-
12/31/25)
Second
Option Year
(1/1/26-
12/31/26)
Third
Option Year
(1/1/27-
12/31/27)
LABOR COSTS
1 Management 55,689.88 113,050.45 116,441.97 119,935.23 123,533.28 2 Administration/Clerical 0.00 0.00 0.00 0.00 0.00
3 Drivers 440,962.18 903,997.33 950,706.42 1,000,190.89 1,037,505.94 4 Maintenance 155,427.38 315,983.86 326,411.32 337,182.90 348,309.93 5 Dispatch/Road Supervision 74,233.09 150,915.87 155,896.09 161,040.66 166,355.01 6 Other Labor (specify) 0.00 0.00 0.00 0.00 0.00
7 Subtotal, Direct Compensation Costs (Lines 1-6) 726,312.52 1,483,947.51 1,549,455.80 1,618,349.68 1,675,704.16 8 Payroll Taxes 63,420.27 129,348.38 134,769.22 140,675.33 145,444.26 9 Vacation/Holiday 32,622.11 65,560.55 68,107.99 73,054.74 75,387.18 10 Sick Leave 7,878.94 15,863.86 16,426.34 17,346.58 18,025.82 11 Group Medical Insurance 62,206.61 128,153.63 136,309.02 144,220.01 151,386.21 12 Workers Compensation Insurance and Associated Costs 75,134.67 162,670.69 192,550.63 227,989.42 252,244.76 13 Other Fringe Benefits and Taxes (Retirement) 22,929.23 47,095.34 49,540.53 52,017.55 54,618.43 14 Subtotal, Fringe Benefits and Taxes (Lines 8-14) 264,191.83 548,692.45 597,703.73 655,303.64 697,106.64 15 TOTAL LABOR COSTS (Line 7 + Line 14) 990,504.35 2,032,639.96 2,147,159.53 2,273,653.32 2,372,810.81 16 EXPENSES
17 Fuel 0.00 0.00 0.00 0.00 0.00
18 Oil, Lubricants, Diesel Exhaust Fluid, and Other Fluids 8,607.42 18,075.58 19,883.14 21,871.45 24,058.60 19 Materials and Supplies 20,776.89 38,950.75 35,450.79 29,366.32 23,925.35 20 Performance Bond 4,941.16 9,882.32 9,882.32 9,882.32 9,882.32 21 General Liability/Property Damage Insurance 84,310.26 172,899.05 181,394.04 190,574.26 199,970.42 22 Employee Theft/Crime Insurance 0.00 0.00 0.00 0.00 0.00 23 Non-Vehicle Insurance 0.00 0.00 0.00 0.00 0.00
24 Office Expenses 52,940.94 107,470.11 110,694.21 114,015.04 117,435.49 25 Computer Hardware, Software, and Peripherals 10,007.13 20,303.52 20,970.78 21,741.79 22,452.06 26 Telephone, Radio, and Other Communication Costs 1,454.81 2,878.25 2,889.60 2,976.29 3,065.58 27 Customer Amenities (WiFi and real-time information services) 0.00 0.00 0.00 0.00 0.00 28 Uniform Expenses 1,330.28 2,700.47 2,781.48 2,864.93 2,950.87 29 Employee Recruitment/Training 12,164.23 27,693.39 34,434.19 38,947.22 40,685.64 30 Non-Revenue Vehicle Expenses 3,248.52 6,594.49 6,792.32 6,996.09 7,205.98 31 Maintenance 98,764.30 207,405.03 228,145.53 250,960.08 276,056.09 32 Other Expenses (Startup) 28,525.00 0.00 0.00 0.00 0.00 33 Subtotal, Operating Expenses (Lines 17-32) 327,070.94 614,852.95 653,318.42 690,195.80 727,688.39 34 Taxes 53.80 109.21 112.49 115.87 119.34
35 Licenses/Permits 56.65 115.00 118.45 122.00 125.66
36 Contract Overhead 83,513.61 152,588.77 142,411.61 150,713.51 157,668.79 37 Profit 104,392.00 211,842.00 221,529.00 234,443.50 245,263.00 38 Subtotal, Business Expenses (Lines 34-37) 188,016.06 364,654.99 364,171.55 385,394.88 403,176.80 39 TOTAL LABOR COST, OPERATING EXPENSES, AND
BUSINESS EXPENSES (Line 15 + Line 33 + Line 38) 1,505,591.35 3,012,147.90 3,164,649.50 3,349,244.00 3,503,676.00 40 REVENUE HOURS FOR THIS PERIOD 12,065 24,130 24,130 24,130 24,130 41 COST PER REVENUE HOUR (Line 39 ÷ Line 40) 124.79 124.83 131.15 138.80 145.20 Note 1: There is no cost on Line 27 Customer Amenties, per the RFP these will be pass-through so they are not included in the billing rate.
Note 2: We request Startup costs (line 32) be reimbursed at start of new term for one time expenses for vehicle equipment installation and Software integration.
FORM A.2
COST PROPOSAL DETAIL FORM FOR THE ONE AND ONE-HALF YEAR BASE TERM AND THREE ONE-YEAR OPTION TERMS Proposer: MV Transportation Inc.
Line
City Council/RSA Agenda 251 Tuesday, May 23, 2023
DUMBARTON BRIDGE EXPRESS BUS SERVICES
MV TRANSPORTATION, INC.• RFP# 21 - 14 41
I. Exceptions to Solicitation Documents
MV Transportation, Inc. has no exceptions to the solicitation documents.
J. Joint Venture Agreement, if applicable
MV Transportation, Inc. will not be entering into a joint venture agreement for these services.
Therefore this section is Not Applicable.
K. Acknowledgement of Addenda
MV Transportation, Inc. hereby acknowledges the receipt of Addendum 1, dated March 20, 2023, Addendum 2, dated March 21, 2023, Addendum 3, dated March 22, 2023, and Addendum 4, dated March 23, 2023. We have provided Form F, Acknowledgement of Addenda and signed copies in Section M – Required Forms.
L. Proposal Security
Form M, Proposal Security, is provided in Section M – Required Forms.
M. Required Forms
We have included the following required forms on the pages of this section:
• Form B: Lobbying Certification for Contracts, Grants, Loans and Cooperative Agreements • Form C: Buy America Certificate of Compliance
• Form D: Disqualification Questionnaire
• Form E: DBE Forms – Designation of Sub-Consultants and Sub-Bidders/DBE and Subcontractor Questionnaire (Documentation of our Good Faith Efforts are available upon request. We reached out to 56 DBE firms for four NAICS codes during our efforts.) • Form F: Acknowledgement of Addenda
• Form G: Acknowledgement of Insurance, Bonding, and Labor Protection Requirements • Form H: Use of Qualified Employees of the Prior Contractor • Form I: California Levine Act Statement
• Form J: Disclosure of Government Positions
• Form K: Certificate of Debarment
• Form L: Exceptions to Solicitation Documents
• Form M: Proposer’s Security Bond (Original hard copy hand-delivered to the City) City Council/RSA Agenda 252 Tuesday, May 23, 2023
RFP 21-14 Page 116 of 133 February 2023
FORM B - LOBBYING CERTIFICATION
The undersigned certifies, to the best of their knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a Federal department or agency, a Member of the U.S. Congress, an officer or employee of the U.S.
Congress, or an employee of a Member of the U.S. Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification thereof.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, Disclosure Form to Report Lobbying, in accordance with its instruction, as amended by Government wide Guidance for New Restrictions on Lobbying, 61 Fed.
Reg. 1413 (1/19/96).
The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
THE PROPOSER, ________________________, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE. IN ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 U.S.C. §§ 3801 ET. SEQ.
APPLY TO THIS CERTIFICATION AND DISCLOSURE.
__________________________________________ ______________________________ PROPOSER’S Authorized Official’s Signature Date
______________________________________________________________________________ Name and Title of the PROPOSER‘s Authorized Official
MV Transportation, Inc.
Dorothea DePrisco, Assistant Corporate Secretary
April 6, 2023
City Council/RSA Agenda 253 Tuesday, May 23, 2023
RFP 21-14 Page 117 of 133 February 2023
FORM B CONTINUED - DISCLOSURE OF LOBBYING ACTIVITIES (STANDARD FORM-LLL) N/A
City Council/RSA Agenda 254 Tuesday, May 23, 2023
RFP 21-14 Page 118 of 133 February 2023
N/A
City Council/RSA Agenda 255 Tuesday, May 23, 2023
RFP 21-14 Page 119 of 133 February 2023
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action.
Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency. Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by City Council/RSA Agenda 256 Tuesday, May 23, 2023
RFP 21-14 Page 120 of 133 February 2023
the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
(c) Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials.
Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
City Council/RSA Agenda 257 Tuesday, May 23, 2023
RFP 21-14 Page 121 of 133 February 2023
FORM C - BUY AMERICA CERTIFICATE OF COMPLIANCE
(Buses, Other Rolling Stock, and Associated Equipment)
IMPORTANT: SELECT AND COMPLETE ONLY ONE OF THE FOLLOWING CERTIFICATES:
Certificate of Compliance with 49 USC 5323(j)(2)(C)
hereby certifies that it will comply with the
requirements of 49 USC 5323(j)(2)(C) and the applicable regulations in 49 CFR 661.
Firm Name
Signature of Authorized Official
Name and Title of Authorized Official
Date
OR:
Certificate for Non-Compliance with 49 USC 5323(j)(2)(C) hereby certifies that it cannot comply with the
requirements of 49 USC 5323(j)(2)(C), but it may qualify for an exception pursuant to 49 USC 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7.
Firm Name
Signature of Authorized Official
Name and Title of Authorized Official
Date
MV Transportation, Inc.
MV Transportation, Inc.
Dorothea DePrisco, Assistant Corporate Secretary
April 6, 2023
N/A
City Council/RSA Agenda 258 Tuesday, May 23, 2023
RFP 21-14 Page 122 of 133 February 2023
FORM D - DISQUALIFICATION QUESTIONNAIRE
Proposer:___________________________shall complete, under penalty of perjury, the following questionnaire:
Has________________________________(Proposer’s name), any officer of the______________ _________________ or any employee of the_______________who has proprietary interest in the _________________________________________ 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 following space:
MV Transportation, Inc.
MV Transportation, Inc.
MV Transportation, Inc.
MV Transportation, Inc.
MV Transportation, Inc.
_____________________________________________ ________________________ Signature of Authorized Official Date
Dorothea DePrisco, Assistant Corporate Secretary
April 6, 2023
City Council/RSA Agenda 259 Tuesday, May 23, 2023
RFP 21-14 Page 123 of 133 February 2023 FORM E - -DBE) - PART I All Proposers shall complete and submit this form with their proposal, identifying all of the subconsultants and sub-bids it received, DBE and non-DBE alike. Part I of the form requires Proposers to list all subcontractors, subconsultants and vendors who will participate on this contract. Part II of the form requires Proposers to list all subcontractors, subconsultants or vendors who provided a quote or bid but were not selected to participate on this project. The Proposer shall list all subcontractors, subconsultants, and vendors (both DBE and non-DBE) in accordance with Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Teams By Design 37536 S. Ridgeview Blvd. Tucson, AZ 75739 (707) 673-7514 x Uniforms City Council/RSA Agenda 260 Tuesday, May 23, 2023
RFP 21-14 Page 124 of 133 February 2023 FORM E - -DBE) - PART II Firm:__M__V _T_r_a_n_s_p_o_rt_a_ti_o_n_______________________________________________________________________________________ The Proposer shall list all subcontractors, subconsultants, or vendors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. (800) 543-3732 JCM & Associates 5443 E Washington Blvd. Commerce, CA 90040 X Uniforms Jamison Professional Services (720) 535-9759 2821 S. Parker Road #505 Aurora, CO 80014 Automotive Parts X Tires City Council/RSA Agenda 261 Tuesday, May 23, 2023