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CC - Item 4A - Approval of Fourth Amendment to Agreement bewteen Laidlaw Transit servicesTO: HONORABLE MAYOR AND MEMBERS ROSEMEADDCITY COUNCIL FROM: BILL CROWE, CITY MANAGER DATE: NOVEMBER 2, 2004 RE: APPROVAL OF FOURTH AMENDMENT TO AGREEMENT BETWEEN LAIDLAW TRANSIT SERVICES, INC., AND THE CITY OF ROSEMEAD Attached for the Council's review and consideration is a request by Laidlaw Transit Services, Inc., the City's transit services contractor, for a one year contract extension and cost -of -living adjustment totaling 3 %. Laidlaw began providing transit services in Rosemead in July 1996. In 1999, the City Council approved the first amendment to the agreement that extended the term for three years commencing on July 1, 1999 and ending on June 30, 2002. The first amendment also provided for annual payment increases of 5.3% in 2000, and 4.3% in 2001. The second amendment extended the contract term through June 30, 2003, and provided for a CPI increase of 3.2 %. The third amendment extended the contract through July 1, 2004 and provided for a 3% CPI increase. The proposed fourth amendment extends the contract term through June 30, 2005, and adjusts the monthly payment 3% based upon the increasing cost of fuel, insurance and wages. As such, the new monthly rates effective December 1, 2004, will be $36,201.32 for the Dial -a -Ride service and $19,493.02 for the fixed route Shopper Shuttle, for a combined monthly rate of $55,694.34. RECOMMENDATION: Approve fourth amendment to the agreement, authorizing a one -year extension and a 3 % CPI adjustment for Laidlaw Transit Services, Inc., effective December 1, 2004. NOV 0 9 2004 ITEIA ON 1, 0. IF A— LAIDL4W TRANSIT SERVICES, INC. 15260 VENTURA BLVD. 41050 • SHERMAN OAKS • CALIFORNIA • 91403 PHONE (818) 3800454 • FAX (818) 3800313 October 19, 2004 Mr. Don Wagner Assistant City Manager City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Dear Mr. Wagner: Per our phone conversation, we agree to extend our contract for an additional year from July 1, 2004 through June 30, 2005. We agree to provide dial -a -ride and fixed route services at the same rate until November 30, 2004. Starting on December 1, 2004 we would ask that our monthly rate be increased by 3 %. This rate increase request is based on escalating fuel prices, insurance, and driver's wages. Effective on December I", our new rates would be as follows: $36,201.32 for the Dial -A -Ride and $19,493.02 for the Fixed Route. IV Thank you for allowing us the opportunity to extend our contract. We look forward to working with you during the next year. Should you have any questions please do not hesitate to call me at 818 - 308 -0454 ext. 232.. Sincerely, LAI SERV: 1` Patrick A. McNiff Area General Manager Fourth Amendment to Agreement Between the City of Rosemead and Laidlaw Transit Services, Inc. This Amendment made effective this 1" day of July, 2004, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY "), and LAIDLAW TRANSIT SERVICES, INC. (hereinafter "CONTRACTOR "). WHEREAS, the parties have executed an Agreement dated July 1, 1996 in which CITY agrees to contract with CONTRACTOR for the performance of certain public transit services; and WHEREAS, a true and correct copy of said Agreement is attached hereto as "Exhibit A" and incorporated herein by this reference; and WHEREAS, the parties have executed a First Amendment dated July 1, 1999; and WHEREAS, a true and correct copy of said First Amendment is attached hereto as "Exhibit B "; and WHEREAS, the parties have executed a Second Amendment dated July 1, 2002; and WHEREAS, a true and correct copy of said Second Amendment is attached hereto as "Exhibit C "; and WHEREAS, the parties have executed a Third Amendment dated July 1, 2003; and WHEREAS, a true and correct copy of said Third Amendment is attached hereto as "Exhibit D "; and WHEREAS, the CONTRACTOR has thus far performed the services set forth in the Agreement dated July 1, 1996, the First Amendment dated July 1, 1999, the Second Amendment dated July 1, 2002 and the.Third Amendment dated July 1, 2003; and WHEREAS, the CONTRACTOR has requested a one year extension to that Agreement commencing July 1, 2004 under the terms and conditions specified in the Agreement dated July 1, 1996. NOW, THEREFORE, the parties agree: That the Agreement dated July 1, 1996 be further amended as follows: All provisions, terms, conditions and requirements of the Agreement dated July 1, 1996 as amended by the First Amendment shall continue in full force and effect, except as amended below. lI. Section 14, titled " Term of Agreement is hereby amended to read: Section 14. Term of Agreement This contract shall be for a period of one (1) year commencing on July 1, 2004 and ending on.June 30, 2005. III. Section 23, titled Payment shall be amended to read: Section 23. Payment Effective December 1, 2004, CITY shall pay CONTRACTOR the sum of 555,694.34 per month, less fare box receipts. IN WITNESS, WHEREOF, the parties have executed this FOURTH AMENDMENT TO AGREEMENT on the date set forth below. CITY OF ROSEMEAD MAYOR ATTEST: CITY CLERK LAIDLAW TRANSIT SERVICES, INC. VICE PRESIDENT EXHIBIT A AGREEMENT - This Agreement dated the I st day of July, 1996 between the CITY OF ROSEMEAD, a municipal corporation, and LAIDLAW TRANSIT SERVICES, INC., a California Corporation. The parties hereto agree as follows: L LAIDLAW TRANSIT SERVICES, INC. shall furnish the services and materials called for in the bid specifications attached hereto and incorporated by this reference. 2. CITY OF ROSEMEAD shall compensate LAIDLAW TRANSIT SERVICES, INC. at the rates specified in their proposal, a copy of which is attached hereto and incorporated by this reference. CITY OF ROSEMEAD ATTEST: CITY CLERK LA CITY OF ROSEMEAD GENERAL SPECIFICATIONS FOR CONTRACT TRANSIT SERVICES APRIL 1996 SCOPE OF WORK The successful bidder shall provide the necessary management and + administrative personnel whose expertise will assure efficient operation of the service herein specified. All facilities, equipment, supplies, maintenance, and services required in the operation of a demand responsive elderly and handicapped transportation (Dial -A -Ride) service and fixed route transit programs shall be furnished by the successful bidder unless specifically identified in this document to be contributed by the City of Rosemead. Service shall be managed by the successful bidder in accordance with the guidelines and parameters established herein and two attachments hereto. The successful bidder shall strive at all times to provide service in a manner which will maximize productivity while providing a high quality of passenger service. In addition, the successful bidder shall be required to meet periodically with representatives of the City of Rosemead to discuss and evaluate service. Section 1. Bid Bond Each bid must be accompanied by a satisfactory corporate surety bond or cash deposit equaling,the'sum of ten percent (10 %) of the total amount of the bid submitted to the City of Rosemead as a guarantee that the bidder will enter into the proposed contract if the service is awarded to him /her.. Forfeiture shall not preclude recovery by City of any sum over and above the amount posted or guaranteed, to which the City sustains damage because of default. If.the successful bidder executes the contract and furnishes all necessary performance bonds within the time specified, any check or bond accompanying the successful bid will be returned. Section 2. Bid Bond Return Deposits of three or more,low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the bonds and certificates of insurance required and return of executed copies of the agreement, whichever first occurs, at which time the deposits may be returned after consideration of the bids. 1 - Section 3. Examination of Site and Contract Documents Each bidder shall visit the sites of the proposed work and fully acquaint himself /herself with the conditions relating to the maintenance labor so that he /she may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the bid specifications. The failure or omission of any bidder to receive or examine any document, form, instrument, or to familiarize himself with conditions there existing shall in no way relieve any bidder from obligations with respect to his bid. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Section 4. Irregular Bids Unauthorized conditions,._.limitations,,.or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineations, alterations, or erasures. Alternative bids will not be considered unless specifically requested. No oral, telegraphic, facsimile or telephonic bid, modification, or withdrawal will be considered. Section 5. Withdrawal of Bids A bid may be withdrawn only by a written request signed by the bidder." Such requests must be delivered to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Bids may not be withdrawn after said hour without forfeiture of the bid guarantee. The withdrawal of a bid will not prejudice the right of the bidder to submit a new bid, providing there is time to do so. Section 6. Award of Contract All bids, once they are opened and declared, are subject to review, acceptance or rejection by the City Council for a period not to exceed sixty (60) calendar days.. The City reserves the right to reject any or all bids and waive any irregularities or informalities in any bid. Section 7. Forfeiture For Failure To Post Security And Execute Agreement In the event the bidder to whom the award is made fails or refuses to execute the contract within five (5) calendar days from the date of receiving notification that he /she is the bidder to whom the contract is awarded, the City may declare the bidder's bid bond or cash deposit forfeited as damages caused by the failure of the bidder to enter into the Contract, and may award the work to the next lowest responsible bidder, or may call for new bids. - 2 - Section 8'. City Designee The City Manager shall have the authority to act for and exercise any rights of the City as set forth in the herein Agreement, subsequent to.the authorization by the Rosemead City Council. Section 9. Independent Contractor- The successful bidder's relationship to the City of Rosemead in performance of the duties outlined in those bid specifications is that of an independent contractor. The personnel performing services stated in these bid specifications, and the subsequent Agreement,, shall at all times be under the successful bidder's exclusive direction and control and shall be employees of said bidder and not employees of the City of Rosemead. The successful bidder shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including, but not limited to social security, income tax withholding, unemployment compensation, worker's compensation insurance, state disability insurance and similar matters. Section 10. Assignment Upon execution of an Agreement incorporating the duties responsibilities outlined in those bid specifications and the attached Statement of Work, neither the Agreement, nor any payment to become due under the Agreement, shall be assigned in whole, or in part, by the successful bidder without the prior written approval of the City of Rosemead. Such approval shall not relieve the successful bidder from full responsibility and liability for the work, and due performance of all terms and conditions outlined in those bid specifications. Section 11. Experience and References The successful bidder shall have a minimum of five (5) years experience in providing municipal demand responsive (Dial -A -Ride) and fixed -route transit programs. The successful bidder shall be required to list such experience and provide appropriate references on "References" form attached. Section 12. Insurance A. During the performance of`,the duties outlined in the bid specifications herein, the successful bidder shall procure the following insurance, which shall be full coverage insurance not subject to self- insurance provisions, except for vehicle collision insurance and comprehensive automobile coverage and shall not, of the successful bidder's initiative, cause such insurance to be cancelled or materially altered during the contract term. - 3 - B. Occurence, as used herein, means any event or related exposure to conditions which result in bodily injury or property damage. 1. Comprehensive general liability insurance to include premises, operations, contractual liability and personal injury liability with at least the following combined single limits of liability: a. Primary Body Injury Liability limits of at least $5,000,000.00 per occurrence. b. Primary Property Damage Liability limits of at least $5,000,000 per occurrence. 2. Automobile Liability to include owned, hired and non -owned vehicles with at least the following combined single limits of liability: a. Primary Bodily Injury Liability limits of at least $5,000,000 per occurrence. b. Primary Property Damage Liability limits of at least $5,000,000 per occurrence. 3. Vehicle Collision Insurance covering the actual cash value of each vehicle and limited to a deductible not exceeding $10,000 per occurence. 4. Vehicle Comprehensive Insurance covering the actual cash value of each vehicle and limited to a deductible not exceeding $10,000 per occurrence. C. Prior to commencement thereof, and except for Worker's Compensation and Employer's Liability Insurance, the successful bidder shall furnish a complete copy of each insurance policy and a Certificate of Insurance thereof to the City of Rosemead which shall certify that the successful bidder's insurance policy provides as follows: 1. The City of Rosemead, its employees, agents, and officers, shall be named as an additional insured on all insurance with respect to performance hereunder. 2. The coverage shall be primary as to any other insurance with respect to performance hereunder. 3. Insurance companies providing coverage shall give thirty (30) days written notice prior to cancellation or material change to the City of Rosemead. D. Worker's Compensation Insurance shall be maintained by the successful bidder as required by law. - 4 - Section 13. Hold Harmless The successful bidder shall indemnify and hold harmless the City of Rosemead, its officers, agents, and employees from every claim or demand made, and every liability, loss, damage,. or expense, of any nature whatsoever, which may be incurred by reason of contractor's,_ performance of the duties specified herein: A. Loss /Damage sustained by contractor. Liability for damages resulting in death or bodily injury to persons, damage to property, and /or any other loss, damage, or expense which may be sustained by the successful bidder during the performance of duties outlined in these bid specifications and the attached statement of work whether or not said injury or damage occurs on property owned by the City of Rosemead; and B. Loss /Damage sustained by others. The shall defend at its own expense, cost, and ris actions, suits, or other proceedings which may bidder's performance of the duties outlined in specifications and attached Statement of,-Work- shall indemnify and hold harmless, as noted in successful bidder <, defend any and all result from said these bid —The successful bidder the -first paragraph. Section 14. Term of Agreement The Agreement awarded to the successful bidder under these bid specifications shall.be for a maximum of threeyears (3) from the date of.execution by both the contractor and the City.of Rosemead, and may be extended for an additional three (3) years upon the mutual consent of both parties. Section 15. Commencement of Work The successful bidder shall begin the provision of demand responsive elderly and handicapped (Dial -A -Ride) and fixed -route (Shopper Shuttle) transportation services, as specified in those bid specifications and the "Statement of Work" attached, on July 1, 1996. Section 16. Annual Adjustment The successful bidder may request an annual cost -of- living adjustment in accordance with the most current Consumer Price Index (CPI) figures on the yearly anniversary of the date of the Agreement between the City of Rosemead and the successful bidder, provided that in no event shall annual cost -of- living adjustment exceed five (5) percent. - 5 - Section 17. Statement of Work The successful bidder shall, upon receipt of a notice to proceed from the City of Rosemead, perform all work necessary to complete, in a manner satisfactory to the City, the services set forth in Exhibit A, entitled "Statement of Work," attached hereto. Section 18. Termination A. The successful bidder or the City of Rosemead may terminate the Agreement incorporating these bid specifications and the attached Statement of Work upon service of sixty (60) days written notice, measured from the first day of the month following service of notice. The City of Rosemead shall pay the successful bidders its eligible cost, incurred to the termination date but no amount shall be allowed for anticipated profit or unperformed services. B. The City of Rosemead may, by written notice, direct the successful bidder to cease operation if a situation arises that endangers the public health and safety. The successful bidder shall immediately cease operations upon receipt from the City of Rosemead of such written notice. Section 19. Contractor Services The successful bidder shall provide the management, dispatching, technical and maintenance services, vehicles, and local telephone - information service necessary for the operation of the Transportation Services. Such services shall include but not be limited to the following: A. Executive and administrative management of the successful bidder's portion of the Demand Responsive (Dial -A -Ride) and Fixed -Route Transportation Services. B. Supervision of all operating personnel and qualified dispatching personnel. C. Supplying of qualified drivers, maintenance, and dispatching personnel. D. Supervision over all maintenance and repair of equipment used in the Demand - Responsive Elderly and Handicapped (Dial -A -Ride) and Fixed -Route Transit Services. E. Receiving requests for transportation and scheduling vehicles to deliver service to qualified residents of Rosemead. F. Preparation of a budget and analysis of financial and other matters pertaining to the successful bidder's functions in the performance of the transportation services outlined in these bid specifications and attached statement of work. G: Training of drivers in sensitivity to the needs of elderly and handicapped passengers. H. On or before the 10th of each month, the successful bidder shall submit an invoice to the City of Rosemead itemizing his /her full and complete performance hereunder for the previous period. I. Other work or requirements included in Exhibit A "Statement of Work." Section 20. City Services The City of Rosemead shall be responsible for the following: A. General supervision and monitoring and evaluation of services provided with regard to the kind, quality, appropriateness,. timeliness and amount of service to be performed and the criteria for determining performance of.the successful bidder. B. Authorization of payments to the successful bidder. C. Qualification of residents to participate as riders in the City of Rosemead's Demand Responsive Senior Citizen /Handicapped (Dial -A -Ride) and Fixed -Route Transportation Programs. D. Setting of any fares or ridership fees associated with transit programs. E. The City of Rosemead shall pay all reasonable and allowable costs in invoices submitted by the successful bidder after such adjustment as the City of Rosemead may make in accordance with the hereinabove provisions. Promptly after the receipt of each invoice, but in no event later than thirty (30) days after its receipt, the City of Rosemead shall make payment to the successful bidder. Section 21. Furnished Equipment A. All equipment and materials required for the fulfillment of the work outlined in these bid specifications and attached "Statement of Work" shall be provided by the successful bidder at his /her sole expense. All vehicles shall be maintained in accordance with the "Statement of Work." B. The successful bidder shall be solely liable for any damage to vehicles, radios, fare boxes and components thereof, including, but not limited to, damage caused by collision, negligence, abuse, vandalism, and any items not covered by insurance. C. Drivers of all vehicles shall have appropriate driver's licenses and valid medical certificates, if applicable, to operate Contractor's vehicles. - 7 - D. Drivers shall wear clean uniforms identifying them as employees of the demand - response transportation service for the elderly and handicapped. E. The successful bidder shall secure and maintain all permits and licenses required by law for execution of all services outlined in these bid specifications and the attached "Statement of Work." F. The successful bidder shall forward to the City of Rosemead copies of the California Highway Patrol's Safety Compliance Report. Section 22. Deficiencies If the successful bidder is unable to provide the service hours scheduled by the City of Rosemead or fails, after reasonable notice by the City, to cure other deficiencies in performance or lack of progress thereto, the successful bidder shall pay the City of Rosemead all expenses incurred by the City in procuring the same or similar items or services defaulted by the successful bidder hereunder. This provision shall not be construed as a limitation on the City's right to terminate this Agreement. Section 23. Payment The City of Rosemead shall pay the successful bidder the sum of $43,091.67 per month, less monthly fare box receipts collected and reported by the successful bidder, from the performance of transportation services outlined in these bid specifications and the attached statement of work. Section 24. Location of Services The successful bidder shall become familiar with the designated routes, stops, and procedures for Demand Responsible Senior Citizen /Handicapped (Dial -A -Ride) and Fixed -Route (Shopper Shuttle) Transportation Services, as outlined in these bid specifications and the attached "Statement of Work." The routes and location of designated stops may be changed by the City of Rosemead without an adjustment in the successful bidder's price. Section 25. Performance Bond The successful bidder shall secure and deliver a satisfactory corporate surety bond, to be approved by the City Attorney, in the amount of ten percent (10 %) of the.total amount of the bid submitted to the City of Rosemead as a guarantee that the successful bidder shall perform satisfactorily all terms, obligations, and conditions indicated in those bid specifications and the attached "Statement of Work." The successful bidder shall submit the performance bond to the City Clerk concurrently with the execution of the agreement between the City o£ and the successfull bidder. EXHIBIT A STATEMENT OF WORK The successful bidder shall provide the necessary management and administrative personnel whose expertise will assure efficient operation of the service herein specified. All facilities, equipment, supplies and services required in the operation of the demand responsive elderly and handicapped transportation service and fixed -route transit program will be furnished by the successful bidder unless specifically identified in this document to be contributed by the City of Rosemead. Service shall be managed by the successful bidder in accordance with the guidelines and parameters established herein and the attachments hereto. The successful bidder shall strive at-all times to provide service in a manner which will maximize productivity and at the same time provide high quality passenger service. The successful bidder and the City of Rosemead shall meet periodically to evaluate performance of the program. Supervision Supervision of the Demand Responsive Senior Citizen /Handicapped (Dial -A -Ride) Transportation Program and Fixed -Route (Shopper - Shuttle) Transportation Program day -to -day operations shall be vested in the successful bidder. The successful bidder shall assign a senior management employee who shall demonstrate by decision and action to be competent in all aspects of the work outlined in this "Statement of Work" and the attached bid specifications for transit services. The employee designated by the successful bidder shall be available to the City of Rosemead at all times, either by telephone or in person, to make decisions or provide coordination as necessary. The senior management employee must have three (3) or more years of recent and relevant experience managing all aspects of municipal public transit services similar in scope and complexity to the services described in this "Statement of Work" and the attached bid specifications. Facilities The successful bidder shall provide an administrative, maintenance, and vehicle storage facility at his /her own expense in support of the activities described in the "Statement of Work" and the attached bid specifications. This facility (or facilities) must be located within a five (5) mile radius of the boundaries of the City of Rosemead to ensure a maximum of efficiency in providing Demand Responsible Senior Citizen /Handicapped (Dial -A -Ride) and Fixed -Route Transportation Services within the City of Rosemead. Telephones The successful bidder shall provide and maintain a minimum of three (3) local toll -free telephone lines for passengers to contact the dispatch center. These telephone lines are for transit system use only. Contractor shall install and maintain a separate telephone line for general business purposes, and Contractor will be responsible for all costs associated with these lines. Training And Safety The successful bidder shall maintain on -going training procedures which will train and prepare all newly hired and current drivers, maintenance personnel, administration, management, etc. in a manner that conforms with all state and local laws and assures that the bidder's employees will perform all.obligations stated in this "Statement of work" and the attached bid specifications. A safety program shall be implemented by the successful bidder and appropriate manuals will be provided to his /her employees. In addition, CPR, first aid and sensitivity training will be required of the bidder's employees involved with the Demand Responsive Senior Citizen /Handicapped (Dial -A -Ride) and Fixed Route (Shopper Shuttle) programs. Personnel Polic Upon request by the City of Rosemead, the successful bidder shall supply the City with a copy of his /her personnel policies,including reimbursement policies for any sick leave, overtime pay,and wage scales. A list of current personnel shall be maintained and provided to the City of Rosemead. The successful bidder's personnel policies shall be in accordance with state and federal laws, and specifically, shall not discriminate against any employee or applicant by reason of sex, race, age, religious affiliation, or physical handicap. Accident Reportin In the event of a traffic accident or a serious passenger incident, the successful bidder shall notify the City of Rosemead within twenty -four (24) hours and prepare all reports. Should the accident involve personal injuries, the successful bidder shall notify the designated City representative immediately upon the receipt of such information. All applicable state laws shall be complied with in the case of any accident. Data Collection /Reporting - Demand Responsive Senior Citizen Hanrli rann cri /T\ial -D- Dirk\ Drr.I+r �..� Information concerning vehicle activities in the demand - responsive transportation of the elderly and handicapped shall be collected on the Operator's Report, which has been developed by the City of Rosemead. The Operator's Report is attached hereto as Exhibit C. Additionally, the Daily Van Schedule as shown in Exhibit C is to be completed. - 10 - These sheets and an operations summary for each service day of the demand - responsive transportation of the elderly and handicapped shall be forwarded each month to the City of Rosemead. These reports shall be submitted in completed form no later than ten (10) calendar days after the end of the operating month. At the end of each month, a Management Summary of the demand - responsive transportation of the elderly and handicapped shall be completed which summarizes the daily operations information collected during the month. This report shall be forwarded within ten days after the end of the completion of the reporting month. The Management Summary shall include submittal of the Program Operator's Report and the Daily Van Schedule. Data Collection /Reporting - Fixed Route (Shopper Shuttle) Program At the end of each month, a Management Summary of the Fixed -Route (Shopper Shuttle) Transportation Program shall be completed which summarizes the daily operations information collected during the month. This report shall be forwarded within ten days after the end of the completion of the reporting month. The Management Summary shall include submittal of the Program Operator's Report and the Daily Van Schedule. Specific information to be included in the report shall be monthly ridership figures, a breakdown of ridership - per -stop, safety reports, mileage driven, headway time -per- route, incidents of vandalism, and other information as required by the City of Rosemead. Accounts All costs incurred in furtherance of this Agreement shall be recorded in accounts separate from those used for other business activities and in conformance with the State of California, State Controller's Chart of Accounts for Public Transit Operators and the Los Angeles County Transportation Commission's Proposition A Guidelines. All accounts will be available for inspection and /or independent audit at the request of the City of Rosemead. Invoices The invoice for services rendered must follow a format provided by the Contractor and approved by the City of Rosemead. All relevant back -up documentation must be included with invoice for that particular month. Operations The successful bidder shall provide all personnel necessary to operate vehicles in service, including daily supervision by on -site individual designated "Road Supervisor." The drivers must have knowledge of fares, communication equipment, passenger service - 11 - requirements and the street network in the service area. The successful bidder shall be responsible for the mechanical condition and cleanliness of all vehicles and any substitute or back -up vehicles. The successful bidder shall not assign any vehicle into service where the performance of a component part is likely to cause damage to other components, jeopardize public safety, or be in violation of the California Vehicle Code. The successful bidder shall not deploy any vehicle into service when its appearance is contrary to the City of Rosemead's standards. Hours of Operation- Demand - Responsive Elderly /Handicapped (Dial -A -Ride) Transportation Program Service shall be based upon the following schedule: Weekdays (Monday- Friday) 6:00 A.M. -.7:00 A.M. -.one (1) van 7:00 A.M. - 8:00 A.M. - two (2) vans 8:00 A.M. - 2:00 P.M. —four (4) vans 2:00 P.M. - 6:00 P.M. - two (2) vans 6:00 P.M. - 7:00 P.M. - one (1) van Total Available Vehicle Service Hours per typical day = 36 Weekends (Saturday and Sunday) 6:00 A.M. - 8:00 A.M. - one (1) van 8:00 A.M. - 2:00 P.M. - two (2) vans 2:00 P.M. - 7:00 P.M. - one (1) van Total Available Vehicle Service Hours per typical week -end = 19 The service shall be seven days a week for the hours stated except for the following holidays designated by the City of Rosemead: New Years Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day,. and Christmas Day. On these days, the service shall be based upon the following schedule: HOLIDAYS 8:00 A.M. - 4:00 P.M. - one (1). van Total Available Vehicle Service Hours per typical Holiday = 8 A thirty (30 minute) maximum minute response time is to be maintained at all times. Contractor assures that adequate spare vehicle(s) will be available to maintain the required response time. - 12 - Hours of Operation - Fixed Route (Shopper Shuttle) Program) Service shall be based upon the following schedule: Weekdays (Monday - Friday) 11:00 A.M. to 8:00 P.M. A minimum of two.(2) vehicles shall be utilized at all times to maintain a forty (40) minute headway time. Contractor assures that an adequate back -up vehicle will be available, at all time, to maintain the forty minute headway time. Weekends (Saturday and Sunday) 10.00 A.M. to 5.00 P.M. Holidays - Service will be suspended during the following holidays: 1. Christmas Day 2. Thanksgiving Day 3. New Year's Day Vehicles - Demand Responsive Senior Citizen /Handicapped (Dial A Ride) Program The successful bidder shall supply and maintain all vehicles necessary for this program. The vehicles are to be at a minimum, handicap accessible (wheelchair lift with two (2) wheelchair positions), eight (8) ambulatory passenger (excluding driver), 1996 or newer vehicles. The successful bidder shall maintain adequate back -up vehicles to maintain the required response time. Vehicles shall be equipped with two -way radios under central dispatch control. All vehicles utilized in the program shall be approved by the City of Rosemead, within "Proposition All funding requirements and the requirements of the Los Angeles County Transportation Commission (LACTC), prior to being utilized in the program. All vehicles shall be painted a uniform color and clearly designating "Rosemead Dial -A- Ride" as follows: Both sides - Rosemead Dial -A -Ride (local telephone W) Rear - Rosemead Dial -A -Ride Vehicles - Fixed Route (Shopper Shuttle) Transporta Program The successful bidder shall provide and maintain all vehicles necessary for this program. The successful bidder shall be responsible for maintaining all vehicles in a clean exterior and interior condition less normal wear. Mechanical repairs and overhaul on all vehicles shall be performed by the successful bidder. Successful bidder shall provide back -up vehicles in a clean operable condition to maintain the required headway time. All vehicles will be equipped with two -way radios to provide continuous communication dispatch. The vehicles must be at a minimum, handicap - accessible (wheel chair lift, with one (1) wheelchair position), twenty (20) ambulatory passenger (excluding driver), 1996 or newer Ford El Dorado Aerotech Van, or equivalent,subject to approval by the City of Rosemead, capable of meeting headway times outlined in these bid specifications. All vehicles must be painted a uniform color and clearly, designating "Rosemead Shopper's Express" as follows: Both sides - Rosemead Shopper's Express Rear - Rosemead Shopper's Express Back -Up Vehicles The successful bidder shall provide a sufficient number of wheelchair -lift equipped vehicles to ensure continuous operation of the Demand Responsive Senior Citizen /Handicapped (Dial -A -Ride) and Fixed -Route (Shopper Shuttle) Programs. Successful bidder shall place a back -up vehicle in service within fifteen (15) minutes of a reported break down of on -line vehicles. Proposed Vehicles Form The successful bidder shall indicate on "Attachment E" all the model year, model, seating capability of all vehicles to be used in the performance of all duties outlined in this "Statement of work" and attached bid specifications. Vehicle Cleanina The successful bidder shall provide all labor and materials necessary to keep the vehicles used in the Demand Responsive Senior Citizen /Handicapped (Dial -A -Ride) and Fixed -Route (Shopper Shuttle) Programs clean and well- maintained at all times. Successful bidder shall wash the exterior of the vehicles at least twice weekly, and shall clean the interior of the vehicles daily by picking up litter, cleaning and repairing seats, sweeping the floor, and cleaning the windows. The successful bidder shall mop vehicle floors and clean all other interior items at least twice each week. Fuel Purchase The successful bidder shall purchase all fuel needed to operate vehicles utilized in the Senior Citizen /Handicapped (Dial -A -Ride) and Fixed -Rate .(Shopper Shuttle) within the boundaries of the City of Rosemead. Route Service Area'- Demand Responsible Elderly /Handicapped (Dial -A -Ride) Prociram Service area for Dial -A -Ride Program shall be limited to within five (5) miles of the boundaries of the City of Rosemead. - 14 - Route Service Area - Fixed Route (Shopper Shuttle) Transportation Program The Shopper Shuttle shall operate on a fixed route designated by the - City as depicted in "Attachment B." The service area shall be restricted to the City of Rosemead on the above referenced fixed route. Radios The successful bidder will p be installed in all vehicles Contractor shall perform all responsible for proper radio for any actions and /or fines the system. rovide a base radio and mobile radios to and the necessary radio license. radio maintenance. Contractor is procedures and will be fully responsible imposed by the FCC for improper use of i M O1C3N2 15 - - 16 - REFERENCES 1. 2. Agency Agency Contact Person Contact Person Address Address Telephone Number Telephone Number Years of Experience With Agency Years of Experience With Agency, 3. q, Agency Agency Contact Person Contact Person Address Address Telephone Number Telephone Number Years of Experience With Agency. Years of Experience With Agency 5. Agency Contact Person Address Telephone Number Years of Experience With ,Agency - 16 - EXHIBIT "B Rosemead Shopper Shuttle Route I EXHIBIT "B" Rosemead Shopper Shuttle Route 2 z w 3 ED 0 ro n y H O z m �J O G1 7, ro 0 H w a d a w H r• CD N IV d a 0 w Cr CD t7 H k r• 6 CD r� rt c? a � n a 0 w M "EXHIBIT C" DAILY VAN SCHEDULE I I II III 00 15 6 30 45 00 1 5 7 30 45I 00 1 5 3 301 45 00 15I 9 30 451 00 I 151 10 301 1451 00 15 i 1 30I 45 00 15 11 30I -51 00 15 12 30 45 00 15 1 '0 /5 "EXHIBIT C" DAILY VAN SCHEDULE I II I T 00 151 2 30 I 00 1� 3 30 451 00 1 . 5 a 0 X51 00 151 i 30 =5 00 15 6 30 c5 00 151 i 301 ,.5I 00 15 30 c5 00 15 30I .5 °EXHIBIT D^ Bid Form I. Annual Contract Cost for Demand /Responsive Senior Citiz en/Band icapped (Dial -A -Ride) Transit Program: Vehicles and Equipment $ 17,452 per year Operations (labor, 313,702 administration, materials) $ per year Total $ 331,154 per year 2. Annual Contract Ccst For Fixed Rate (Shopper Shuttle) Transit Program: _ Vehicles and E=uipment $ 1U,bub per year Operations (labor, administration, materials) $ 175,300 per year Total $ 185,946 per year 3. Total Procraa Cost: $ 517,100 per 4. Within the past three (3) years, has your firm received an Unsatisfactory Terminal Rating at anv location that is directly responsible for vehicle maintenance? Yes x No if so, pie= -se explain.: Bidder = n`ormaticn Name Of Bidder: Iz 3 dlaw mansit Se* vices, Inc. 5360 College Blvd., Overland Park, RS 66211 Address: Tele_nhone: (913) 345 -198 /%% William H. Les, ice Presi sic—nature: Note: These prices are based on the fist year of the contract assuming at a m?_* umun CPI each year. 5.0 FACILITY AND VEHICLE DESCRIPTIONS 5.1 Facility We are pleased to propose a facility located at 1025 Westminster Avenue in the City of Alhambra for the operation of this project. The facility was selected due to its proximity to the service area, excellent space for maintenance, administration and vehicle storage. Our proposed facility is well suited for the operation of the routes planned by the City. Utilization of this facility will minimize daily operating miles. This location is currently the base for : Laidlaw's operations for the City of Alhambra. If we are the successful bidder, we will coordinate the implementation of the City service into the existing facility set up immediately. Planned improvements will be initiated if necessary. We are pleased to offer a conveniently located parking area for vehicle parking one block from the administration office. This space is currently utilized for the City of Alhambra's vehicles as well as a portion Laidlaw's non- emergency medical vehicles. The parking area is paved and secured with both lights and fencing. This arrangement has _ worked successfully for over one year. The maintenance is on site• adjacent to the administrative offices. The maintenance area is equipped to perform all aspects of preventive maintenance and repair excluding body work. The maintenance area is comprised of two maintenance bays, an open inside area for ease in maneuverability within the garage, maintenance office, and parts room. Vehicles will be fueled utilizing a cardlock arrangement at the Arco station within two blocks of the facility. Additionally, we utilize an outside vehicle wash service to maintain the cleanliness of the vehicles. The lot in which the vehicles are stored permits a wash area in which high pressure hoses will be utilized. The proposed location includes a private office for the Project Manager, a separate dispatch area with a dispatch window, a training area where initial as well as refresher training and monthly safety meetings will be conducted, and a drivers' room. The dispatch area will house the communication equipment necessary to have efficient communication with the drivers. 5.2 Vehicles Laidlaw is proposing the suggested El Dorado Aerotech 240 for the provision of the fixed route service. The -61 - IAIDLA r TRANSIT SERVICES, INC. proposed vehicle meets all of the specifications of the RFP to include a 20 passenger seating capacity with one wheel chair position (or 18 passenger seating capacity with two wheel chair positions). The wheel chair lift is the Ricon model 5 -2005 full automatic. The vehicle also includes ample air conditioning and heating capabilities to effectively control the interior temperature relative to the local climate. Laidlaw is proposing the Champion Challenger for the Bial- a -ride service. This vehicle also meets all of the specifications of the RFP to include the 8 passenger seating capacity with the two wheel chair positions, ample air conditioning and heating, and a Ricon automatic wheel chair lift. Both vehicles have a delivery lead 10 weeks. In order to be ready for Laidlaw is proposing to utilize 15 Aerotechs in the interim period. time of approximately the July 1 start date, passenger El Dorado -62- 13104479028 LAIDLAW TRANSIT S_RV 222 P02 MAY 21 '96 11:12 LA / ® LA W T R A N S I T SERVICES ,7101 W11. ;111RF HUUIFVAR!) iUlif tO'J. 11'IS ANGLLL`s (.A 50025 0030 •,, I 0111, Ik),A May 20, 1996 Mr. Jeff Stewart City of Rosemead Rosemead, CA 91770 Dear Mr. Stewart: It was a pleasure meeting you on Wednesday. Laidlaw is proud to be the recommended transportation provider for the City of Rosemead. We are confident that our in -depth experience in starting transit operations throughout the nation combined with our operational efficiency of the proposed facility will contribute to the success in starting operations for the City of Rosemead. As per your request, I would like to provide clarification on the following items: • The manufacturers specification list for the proposed Champion Challenger is attached. • Laidlaw proposed to use 1990 -1993, 13 -15 passenger El Dorado Aerotechs with two wheel chair positions during the interim period. We will ensure that the vehicles will be clearly marked as "The City of Rosemead" vehicles. • Dispatching will be provided manually as described in the proposal utilizing a shared staff. We would be happy to provide a demonstration upon request. • The following is a list of staffing that will be involved in this operation: Donna Howe - Project Manager' Armando Corona - Maintenance, Supervisor George Toledo - Dispatcher Helen Housley - Reservationist Pearl Contreras - Reservationist (pending) Vehicle Operators • A copy of a letter from Laidlaw's insurance provider, MJMS International, confirming our ability to meet the insurance requirements as specified by the Request for Proposal is attached. A 1A1OLn- "RAN511 INf. COMP +rv• 13104479028 LRIDLRW TRANSIT ScRU 222 P03 MAY 21 '96 ii:12 Mr. Jeff Stewart May 20, 1996 Page Two If additional information is required, please contact me at (310) 447 -9030 exiension225 (1 will be checking my messages while out of town). 1 would like to thank you for giving Laidlaw the opportunity to provide this service for the City of Rosemead. We are looking forward to working with you. Sincerely, Laidlaw Transit Services, Inc. Sandi Bunch Marketing Manager EXHIBIT B First Amendment to Agreement Between the City of Rosemead and Laidlaw Transit Services, Inc. This Amendment made effective this 1 st day of July, 1999, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY "), and LAIDLAW TRANSIT SERVICES, INC. (hereinafter "CONTRACTOR "). WHEREAS, the parties have executed an Agreement dated July 1, 1996 in which CITY agrees to contract with CONTRACTOR for the performance of certain public transit services; and WHEREAS, a true and correct copy of said Agreement is attached hereto as "Exhibit A" and incorporated herein by this reference; and WHEREAS, the CONTRACTOR has thus far performed the services set forth in the Agreement dated July 1, 1996; and WHEREAS, the CONTRACTOR has requested a three -year extension to that Agreement commencing July 1, 1999 under the terms and conditions specified in the Agreement dated July 1, 1996. NOW, THEREFORE, the parties agree: 1. That the Agreement dated July 1, 1996 be amended as follows: I. All provisions, terms, conditions and requirements of the Agreement dated July 1, 1999 shall continue in full force and effect, except as amended below. II. Section 14. titled " Term of Agreement is hereby amended to read: "Section 14. Term of Agreement ` This contract shall be for a period of three (3) years commencing on July 1, 1999 and ending on June 30, 2002." III. Section 16. titled Annual Adjustment is hereby deleted. IV. Section 21, titled Furnished Equipment subsection A, shall be amended to read: "Section 21. Furnished Equipment A. All equipment and materials required for the fulfillment of the work outlined in these bid specifications and attached "Statement of Work" shall be provided by CONTRACTOR. All vehicles required by this Agreement shall be model year 2000, or newer, and shall conform to the specifications included in this Agreement as "Exhibit B," attached hereto and incorporated herein by this reference. All vehicles shall be maintained in accordance with the statement of work." V. Section 23, titled Payment shall be amended to read: "Section 23. Pavment Effective July 1, 1999, CITY shall pay CONTRACTOR the sum of $46,305.50 per month, less monthly fare box receipts collected and reported by CONTRACTOR from the performance of transportation services outlined.in the attached bid specifications and statement of work. Upon delivery of the vehicles specified in "Exhibit B," the City of Rosemead shall pay CONTRACTOR the sum of $46,837.42 per month, less monthly fare box receipts. Effective July 1, 2000, CITY shall pay CONTRACTOR the sum of $48,773.76 per month, less fare box receipts. Effective July 1, 2001, CITY shall pay CONTRACTOR the sum of $50,869.42 per month, less fare box receipts." VI. A new section titled "Section 26. City Anti - Harassment Policy shall be added to the Agreement as follows: "Section 26. City Anti - Harassment Policv CONTRACTOR shall adhere to the City of Rosemead's policy on the prohibition of harassment in the work place. CONTRACTOR shall distribute a copy of City of Rosemead Resolution No. 89 -68 to all employees assigned to perform work in the CITY. CONTRACTOR shall be required to maintain records indicating that said employees have read and understand the City's prohibition of harassment policies, as indicated in Resolution No. 89 -68. Said records shall be submitted to CITY upon request of the City Manager. A certified copy of Resolution No. 89 -68 is hereby included in this Agreement herein as "Exhibit C." IN WITNESS, WHEREOF, the parties have executed this AMENDMENT TO AGREEMENT on -the date set forth below. DATE: g/ Fi�fj CITY OF ROSEMEAD DATE: q 17s-/49 EXHIBIT C Second Amendment to A_reement Between the Cin' of Rosemead and Laidlaw Transit Sen'ices, Inc This : Amendment made effective this I �` day of Juiv, 2002, and LAIDLAW TRANS ROSEMEAD; a mumcI al corporation (herei_,a Apr °CITY „ ), SERVICES INC. (hereinafter "CONTR ACTOR"). ti I r AS. the aarties have executed an A- Teement dated Tuly 1, i996 in . ch CITY atrrees to contract �x'i - di CONTRAC 1 OR rOr the nertoinance OL certain public translT, see�`IeeS: an RE.AS; a true and correct copy of said Agreement is attached hereto s "Exhibit and incorporated herein by this reference: and WHEREAS. the parties have executed a First Amendment dated July 1 1999, and R% ERE:AS; a trite and correct copy of said First 4_mendr*_ient is attached hereto as "Exhibit E and �N uhe CONTR ACTOR has thus far performed the services set forth in the A�,eement dated July 1. 1996 and the First Amendment dated ?uiy I 1999: and G'HEREAS, the CONTRACTOR has requested a one -year extension to ? greement in the A reement dated Jul corrunencing July 1, 2002 under the terms and conditions spec - 1. 1996. NOW, THEREFORE. the parties agree: 1. That the Agreement dated July 1, 1996 be further amended as follows: i. p nroyisiors. to ms conditions and requirements of the AsreemLn' dated July 1. 1996 as amended b he First A-mendrrnent shall continue in futi force aad e feet, except as amended below. II. Section 1? titled !:Term of Agreement.” is hereby amended to read: "S.ctlon 14 Te i n of Agreement This contract shall be for a period of on e (1) year cornmencing on .iu'ty 1. 2002 and ending or. Tune 3 0- 200 aavmeat shall be amended to read: Ili. Section 2 D, titled . "SeGtlon 23. pavment Effective .illy 1 2002; CITY shall pay CONTR .CTOR the sum of 552,497.25 Per month, less fare 'oox re" ceip ?s.° )N FITNESS; �r�EREOF the pa�ies have executed this SF IN, TO AGRE — ? , FNT on tae dare set foti below. CITY OF AOSENLE -'-D DA t,/.4YOR ATTEST: CIT l` CLERIC LAIDL,0X TRANSIT SERN710ES,1"C. DATE: VICE PRESIDENT C3 Q w (qI m -Mm vin I M ro � o(h — m ( CA Z Q. 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((l N O M m (U r m y 0 Q U - e- - - - - r �- - - - - Q C9 q Q Q O l[] m O m 1 O n h M M N N (O m m Q m 0 «] m N m N O G O W N O U J N N r m m O r n m m (O (D m N (O N m O Q n m m 0 (O N r Q Z, W a U N U y U� U m O r 1fl m N m n lA m Uf (O M m Q O a' N M N (p r l0 O m Q m b m N Q r m N n m m 0 0 `` N M M ^! t(l N� m (D O r m m Q e- O ` r � � r O O L m m M l(J r r O l0 m m O N t(l N N- m ([ Q �[1 LL (p O Q m m C'I m V O N Q (D m Q M M O (O rr 3 0 C➢ p p `^ M M V -- - (O - m m m n m m S J❑ M Z N m (D V m 4 CA O (h N N CO n - O N m N m N In O V O 0 ' M m N O Q m N Q 0 m Q n Q m h Q 5 G O O O !- N M ^ V V N O N m m m n^ m Co m m mm m ° m a�rn m rn rn rnrn mm ° o 000 m m m m m m m m m m m m m m m o o N o m N M (q m o q (q Co Lq m (q Q (h M M m Q M V Q N( Q M N - - - N M M N n r m n N r (O ifl - M N M l U) Q n O m V N Q Q N- N - - N M M N N M N m �- m N (O CO m � O m Q m Q M n- r Q N N Q l (O N M N- O N - - N M N M M r (q o w m M (m M m 0 (q in n Co m n (o Q N Q M O W M M N O- N N M N M ID N (O m n O CO n r N M Q M� m m O Q M Q Q V (O M m N - - N M N M Q Q O Q m m Q m n N M O M m m (V m Q M Q Q N ((J M M- (V -- N M "CA m N r (O - n O n O Q m m LL m M N m m R N Q Q N O Q M N - - - - - N M M N m O m n- Q r- M m O N m Co m m N n N Q Q« (O Q M N N - - N M M N M Q N m I N m m n m m Q N M m Q m r m V M Q Q (A Q Q M N O N - � � N N M N M (O m Q O N m m m m m m Q N O Q (O n M Q Q il] t0 Q M N --. -.-.-. M N M M M m M O Q (O (O m N O m Q n (O O N a' N m m j M N M M N m Q m m m O O m Q O Q m N N O M m n Q Q N Q V (O (O M M N � O N � N N M N co M d m m m m m m m m m m m m m m m o 0 0 0 ( s m m m m m m m m m m m m m m m o 0 0 0 EXHIBIT D Third Amendment to Agreement Between the City of Rosemead and Laidlaw Transit Services, Inc. This Amendment made effective this I st day of July, 2003, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY" "), and LAIDLAW TRANSIT SERVICES, INC. (hereinafter "CONTRACTOR "). WHEREAS, the parties have executed an Agreement dated July 1, 1996 in which CITY agrees to contract with CONTRACTOR for the performance of certain public transit services; and WHEREAS, a true and correct copy of said Agreement is attached hereto as "Exhibit A" and incorporated herein by this reference; and WHEREAS, the parties have executed a First Amendment dated July 1, 1999; and WHEREAS, a true and correct copy of said First Amendment is attached hereto as "Exhibit 13"; and WHEREAS, the parties have executed a Second Amendment dated July 1, 2002; and WHEREAS. a true and correct copy of said Second Amendment is attached hereto as "Exhibit C"; and WHEREAS, the CONTRACTOR has thus far performed the services set forth in the Agreement dated July 1, 1996 and the First Amendment dated July 1, 1999; and WHEREAS, the CONTRACTOR has requested a one -year extension to that Agreement commencing July 1, 2003 under the terms and conditions specified in the Agreement dated July 1, 1996. NOW, THEREFORE, the parties agree: 1. That the Agreement dated July 1, 1996 be further amended as follows: I. All provisions, terms, conditions and requirements of the Agreement dated July 1, 1996 as amended by the First Amendment shall continue in full force and effect, except as amended below. II. Section 14. tided " Term of Agreement is hereby amended to read: "Section 14. Term of Agreement This contract shall be for a period of one (1) year commencing on July 1, 2003 and ending on June 30, 2004. III. Section 23, titled Pa-gnent shall be amended to read: "Section 23. Pavment Effective July 1, 2003, CITY shall pay CONTRACTOR the sum of $54,072.17 per month, less fare box receipts." IN WITNESS, WHEREOF, the parties have executed this THIRD AMENDMENT TO AGREEMENT on the date set forth below. CITY OF ROSEMEAD MAYOR ATTEST: CITY CLERK LAIDLAW TRANSIT SERVICES, INC. VICE PRESIDENT