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HomeMy WebLinkAboutReso 103-2024 (24-638)FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PARKING COMPANY OF AMERICA, LLC THIS FIRST AMENDMENT TO THE SHUTTLE OPERATION SERVICES AGREEMENT is made at South San Francisco, California, as of June 3, 2024 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and PARKING COMPANY OF AMERICA, LLC (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On February 1, 2023, City and Contractor entered that certain Shuttle Operation Services Agreement (“Agreement”) whereby Contractor agreed to provide shuttle operations for the South City Shuttle program. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2.Section 1 Services. The Scope of Work referenced in Section 1 Services of the Agreement shall be amended to reflect the updated route and schedule for the Contractor to follow. 3.Section 2 Compensation. The not to exceed payment amount of THREE HUNDRED FIFTY THOUSAND DOLLARS AND 00/100 ($350,000.00) shall be amended such that City hereby agrees to pay Contractor a sum not to exceed TWO MILLION NINETY-FIVE THOUSAND EIGHT HUNDRED THIRTY-FIVE AND 00/100 ($2,095,835.00). 4.Section 5 Indemnification and Contractor’s Responsibilities. Section 5 of the Agreement shall be amended such that each Party shall indemnify, defend, protect, hold harmless, and release the other, its officers, agents, and employees from and against any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expense (including attorneys’ fees and witness costs) arising from or in connection with, or caused by any omission, or negligence of such indemnifying Party, its officers, agents, employees, and volunteers. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying Party under workers’ compensation acts, disability benefit acts, or other employee benefit acts. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] Dated: CITY OF SOUTH SAN FRANCISCO PARKING COMPANY OF AMERICA, LLC By: By: _____________________________ Sharon Ranals, City Manager Eric Chaves, President Approved as to Form: By: City Attorney Attest: By: ______________________ Rosa Acosta, City Clerk Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 1 of 1 EXHIBIT A SCOPE OF SERVICES I. SHUTTLE OPERATIONS Contractor shall furnish equipment and personnel needed to operate the South City Shuttle route and timetable as shown in SHUTTLE ROUTE AND TIMETABLE section. Vehicles, materials, staffing and supplies must be of sufficient quality to ensure safe and reliable operation. The vehicle(s) shall meet daily service requirements for three routes – clockwise which require up to 12.25 hours of operation per day, beginning at 7:10 a.m. until 7:30 p.m.; the counter clockwise route will have a billable time of up to 12.25 hours per day of operation beginning at 7:10 a.m. until 7:30 p.m.; the western route will ave a billable time of up to 12 hours per day of operation beginning at 7:15 a.m. until 7:15 p.m., Monday through Friday, excluding the following holidays: x New Year’s Day x Memorial Day x Independence Day x Labor Day x Thanksgiving Day x Friday after Thanksgiving x Christmas Day 1. Vehicle Requirements Contractor shall provide three (3) vehicles; two (2) low floor vehicle such as ARBOC Spirit of Freedom 19-23 passengers or equivalent, and one (1) 26-30 passenger vehicle. All vehicles shall meet the following specifications: I. Comply with California Air Resources Board (CARB) emission standards. II. The vehicles shall be model year 2018 or newer. III. Shall be accessible as defined under the ADA. IV. The wheelchair lift or ramp mechanism shall be operational at all times. V. The vehicle shall be equipped with a public address system that meets ADA requirements, including a microphone, amplifier, interior and exterior speakers, and an interior/exterior selector switch allowing for execution of interior and/or exterior announcements. VI. Outfitted with either a front bicycle racks, with space for two bicycles. VII. The vehicle will be outfitted at City expense with vehicle graphics. The City will coordinate installation with a graphics installer. Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 2 of 2 VIII. Have a unique vehicle identification number (ID#) on all four sides. IX. Have a display rack and City supplied 11”x17” maps and timetable installed inside of the vehicle for passenger convenience. X. The vehicles shall be equipped with an operational, real-time vehicle location system that has the following capabilities: a. Generate reports such as vehicle location and times at designated shuttle stops; b. Generate on-time performance by route, vehicle, and/or fleet reports and; c. Generate other management reports, as may be requested; d. Provide access to the real-time remote vehicle location system for City staff. XI. Contractor shall have a system of communications between driver and dispatch either through a two-way radio system or through use of a cell phone. A system that is vehicle or phone based may be considered adequate. XII. Contractor personnel shall perform daily safety inspection before vehicle is put in- service It is not necessary that the larger vehicle have low floor capabilities but shall meet the specifications above and be ADA compliant and wheelchair accessible. When used, the larger vehicle shall have appropriate signage placed on the passenger side of the vehicle indicating that is operating as the “Free South City Shuttle”. The signage on the larger vehicle will be at the expense of Contractor. 2. Operator Requirements I. Shuttle operators shall wear a uniform and name badge. II. Operator shall conform to the timetable listed in the SHUTTLE ROUTE AND TIMETABLE section and meet the time points. At no point shall it be acceptable to run ahead of schedule: a. If certain trips area always behind schedule, the City is willing make service changes to accommodate changing ridership or traffic conditions to ensure on- time performance. III. Accurate Trip Logs and Ridership Counts: a. Operators will manually or automatically maintain a daily trip report showing arrival and departure times for each trip, stating reasons for late or early running. b. Operators shall manually or automatically record the number of passengers boarding or alighting at all designated stops, on each trip, IV. Operators or an automated announcement system shall make announcements at the following stops for the clockwise route: a. SSF BART b. Holly Avenue and Miller Avenue c. Holly Avenue and Morningside Avenue d. Hillside Boulevard and Chestnut Avenue Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 3 of 3 e. Hillside Boulevard and South San Francisco Drive f. Hillside Boulevard and Franklin Avenue g. Hillside Boulevard and School Street h. Linden Avenue and Aspen Avenue i. Linden Avenue and California Avenue j. Grand Avenue and Linden Avenue k. Grand Avenue and Maple Avenue l. Grand Avenue and Spruce Avenue m. Grand Avenue and Magnolia Avenue n. Orange Avenue and Baden Avenue o. Orange Avenue and Tennis Drive p. Orange Avenue and Centennial Way Trail q. Rotary Plaza r. El Camino Real and West Orange Avenue s. El Camino Real and 1st Street t. El Camino Real and Arroyo Drive u. El Camino Real and Kaiser v. SSF BART V. Operators or an automated announcement system shall make announcements at the following stops for the counterclockwise route: a. SSF BART b. El Camino Real and Kaiser c. El Camino Real and Arroyo Drive d. El Camino Real and Southwood Drive e. El Camino Real and West Orange Avenue f. Rotary Plaza g. Orange Avenue and Centennial Way Trail h. Orange Avenue and Tennis Drive i. Orange Avenue and Baden Avenue j. Grand Avenue and Magnolia Avenue k. Grand Avenue and Spruce Avenue l. Grand Avenue and Maple Avenue m. Grand Avenue and Linden Avenue n. Linden Avenue and California Avenue o. Linden Avenue and Aspen Avenue p. Hillside Boulevard and School Street q. Hillside Boulevard and Franklin Avenue r. Hillside Boulevard and South San Francisco Drive s. Hillside Boulevard and Montessori School t. Holly Avenue and Morningside Avenue Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 4 of 4 u. Holly Avenue and Miller Avenue v. SSF BART VI. Operators or an automated announcement system shall make announcements at the following stops for the western route: a. SSF BART b. Veterans Village c. Hickey & Camaritas d. Hickey & Hilton e. Newman & Clay f. Del Monte & Alta Loma g. Del Monte & Romney h. Del Monte & San Felipe i. Camaritas & Del Paso j. El Camino Real & Arroyo k. El Camino Real & Southwood l. Rotary Plaza m. Avalon & Dorado n. Avalon & Alhambra o. Westborough & Gellert p. Galway & Wright q. Greendale & Galway r. Greendale & Bettman s. Greendale & Palos Verdes t. Callan & Westborough u. Shannon & Oakmont v. Shannon & Dublin w. Shannon & Olympic x. Westborough & Gellert y. Avalon & Alhambra z. Avalon & Dorado aa. Rotary Plaza bb. El Camino Real & West Orange cc. El Camino Real & 1st Street dd. El Camino Real & Arroyo ee. Camaritas & Del Paso ff. Del Monte & San Felipe gg. Del Monte & Romney hh. Del Monte & Alta Loma ii. Newman & Clay jj. Hickey & Hilton Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 5 of 5 kk. Hickey & Camaritas ll. Veterans Village mm. SSF BART Vehicle breakdowns shall be reported immediately to the City staff via phone at 650-877-8550 and via email at [email protected]. a. Contractor must have a secondary vehicle available and in route within thirty-minutes of breakdown notification during all hours of revenue service. 3. Service Changes Service changes may be required from time to time, including additional daily hours, reduced daily hours, evening, weekend and holiday service; I. The City will endeavor to provide a 30-day written prior notice to the Contractor of the effective date of a service modification; II. Contractor shall make service changes as requested and will provide any additional personnel and/or equipment necessary to implement the modification on its effective date; III. Contractor will be compensated for supplemental event and emergency services transportation at the respective hourly rate. 4. Vehicle Maintenance and Cleaning Standards Contractor shall adhere to the following minimum cleaning standards for each vehicle used: I. Preventative Maintenance A service every 200 hours or every 3 months a. Safety Checklist b. Tire recording maintaining a minimum of 3/32” tread depth c. Lights-exterior and interior lights and gauges d. Windshield wipers e. Fluid levels f. Battery and charging system; clean terminals and inspect cables g. Heating/air conditioning system h. Exhaust system and exhaust hangers and clamps i. Steering and Suspension j. Frame, cross members, and body joints k. Driver shaft and U-Joints II. Maintenance B service on a 10-week interval including a-bk in PM A above to include the following: a. Inspect critical components (hoses, belts, etc.), replace worn or damaged b. Inspect vehicle appearance (look for body damage, rust, interior condition, etc.) c. Engine oil and oil filter change Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 6 of 6 d. Lubricate chassis, hinges, locks, etc. e. Check and service emission control f. Brake inspection –record remaining life (replace worn, damages, or leaking components) g. Service cooling system needed h. Starter/charging system- check and repair or replace defiant components i. Inspect air cleaner element and replace as needed III. Maintenance-C will be performed every fourth PM interval. The PM activity will include items a-k in PM-A identified above and the following: a. Rotate and balance tires b. Service front wheel bearings c. Scope engine d. Service automatic transmission e. Engine tune-up and emissions IV. The interior swept, mopped, dusted and windows cleaned daily a. Remove marks and foreign matter (gum, grease, dirt, etc.,) as needed. V. The exterior of each vehicle shall be washed every other day. VI. Vehicle interiors shall be maintained free from engine exhaust fumes to minimize discomfort to passengers and operators. VII. All exteriors and interior cleaning of shuttle vehicles shall be documented and records provided to City staff, upon request. 5. Documents and Reports Contractor shall keep accurate written records of all maintenance and repair activities, including preventive maintenance performed on vehicles, documenting the maintenance activities according to date and mileage. I. All repair/work orders shall attach a copy of the source document requesting the repair (i.e. Operator’s daily inspections, preventive maintenance inspection, customer complaint, etc.) to facilitate a proper audit trail. II. Contractor shall make such records available to the City upon request. Contractor is expected to prepare and submit reports listed below to the City. III. National Transit Database Report: a. National Transit Database (NTD) Report shall be completed and submitted to the City no later than the 7th day of the month for the preceding month. IV. Monthly Management Reports: Contractor shall generate monthly reports as required by the City for each month of the contract term. Reports must be submitted no later than the 10th day of the month for the preceding month. The reports shall include, but be limited to the following elements: a. Summary of any unusual activities on the shuttle or concerns regarding the shuttle service for the preceding month. Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 7 of 7 b. The number and type of reportable and non-reportable accident and incident reports issued, and if anyone was medically transported from the scene. c. PCAM shall submit these reports and any modifications that may be required, for the entire contract term (including option terms, if exercised). V. Bi-Weekly Reports: a. Ridership summary for the previous month including detailed operator ridership counts, including the number of riders for each trip, and the locations and number of riders boarding and alighting the shuttle from each stop. VI. Accident/Incident Reports: a. The Contractor s shall immediately report accidents/incidents by telephone and City’s contact identified in the contract; b. The above notification shall occur after Contractor has first contacted appropriate emergency and Contractor personnel to secure life and property, as appropriate, at the scene of the incident; c. The Contractor shall follow the telephone report with an electronic report describing the details of the accident/incident to the City within 24 hours of the occurrence of the accident/incident. 6. Evaluations During the term of the agreement, the City shall retain a third party ‘quality services team’ to complete randomized rides to observe driver performance and timeliness, passenger conduct and passenger experience. Both suitable and unsuitable qualitative feedback will be shared with Contractor. COMPENSATION Contractor will provide shuttle services including all associated equipment and personnel accosts at the following rates: x $116.29 per hour based on providing a newer, low floor vehicle x $97.93 per hour based on providing a secondary vehicle; a low floor vehicle Minimum Wage: In the event there is a government-mandated increase in wage and benefits (for example, an increase in minimum wage, the creation of a living wage or increases caused by the Patient Protection and Affordable Act), Contractor will be allowed an increase in the per-man / per-hour wage up to the amount of the wage increase, +42%. The increase will commence immediately on the effective date of the minimum wage increase date. Annual Expenses: Expenses shall be expected to increase three percent (3%) annually. Concurrently, a relative percentage increase in the per-man / per-hour wage for the Contractor shall go into effect and commence on the anniversary date of the Agreement after the completion of the second (2nd) year. The increases will occur annually on the commencement date of the Agreement every subsequent following year after that the Agreement is in place. Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 8 of 8 SHUTTLE ROUTE AND TIMETABLE Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 9 of 9 Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 10 of 10 Shuttle Services Agreement between Agreement Date City of South San Francisco and PCAM, LLC - Exhibit A - Page 11 of 11