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2200 - MV Transportation Inc. - Management & Operation of Rosemead Transit SystemMVTRANS-01 MRODRIGU ,a►`ORO DONYY CERTIFICATE OF LIABILITY INSURANCE tiv DAT21112022 n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on PRODUCER INSURED Group, LLC on, Suite 400 MV Transportation, Inc. and subsidiaries 2711 N Haskell, Suite 1500 Dallas, TX 75204 CONTACT NAME: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS (AVC,,, N , Ext): (806) 3764761 FAX No):(806) 376-5136 E-MAIL ADDRESS: A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 INSURER(S) AFFORDING COVERAGE NAICN INSURER A:ACE American Insurance Company 22667 INSURERB:GeminlInsurance Company 10833 INSURERC:ACE Property & Casualty Insurance Company 20699 INSURER D: AUTOMOBILE LIABILITY (Ea accident) S INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLIODT X LIMITS YYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE X OCCUR HDOG72478575 2/112022 211)2023 DAMAGE TO RENTED 100,000 PREMISES (Ea occurrence) S MED EXP (Any one person) $ 5'000,000 PERSONAL B ADV INJURY $ 5'000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ X POLICY jEpT LOC PRODUCTS - COMPIOP AGG $ 5'000,000 OTHER $ B COMBINED SINGLE LIMIT 5,060,000 AUTOMOBILE LIABILITY (Ea accident) S X ANY AUTO GVE100144807 211/2022 21112023 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S HIRED NOW PROPERTY DAMAGE accidenU $ AUTOS ONLY AUTOS ONLY (Per S B 5'000'000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE GVE100144807 2/112022 2/1/2023 AGGREGATE $ 10,000 General Agg 5,000,000 DED X RETENTION$ $ A WORKERS COMPENSATION STATUTE ORH ANO EMPLOYERS' LIABILITY WCUC68929672 2/1/2022 2/112023 1,000,000 YIN ANY PROPRIETOREXCLUDEEXECUTIVE NIA E. L. EACH ACCIDENT $ CFF ^ERIM EXDL'JDED' 1,000,000 in NH) (Mxodatory in NH) E.L. DISEASE - EA EMPLOYEE S If yesdescribe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Excess Liability XCQ G4686119A 005 21112022 2/112023 Each Occ/Agg 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remari s Schedule, may be attached If more space is required) Operation of Rosemead Transit The City of Rosemead, its officials, employees and agents are named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms, conditions, limits and exclusions. Waiver of subrogation (AL, GL & WC) applies where required by written contract. MV Transportation, Inc. is self-insured for Auto Liability and Workers Compensation in the state of California. The above Auto policy provides coverage excess of a $5M self-insured retention. The above Work Comp policy provides coverage excess of a $11111 self-insured retention. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CI of Rosemead City ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E. Valley Road Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE 12 / ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FIRST AMENDMENT TO MANAGEMENT AND OPERATION OF ROSEMEAD TRANSIT SYSTEM (MV TRANSPORTATION., INC.) AMENDMENT NUMBER'1 This First Amendment. to Agreement for Management and Operation of Rosemead Transit System ("First Amendment") is made and effective as set forth below, on February 11', .2020, by and between the City of Rosemead, a municipal organization organized under the laws of the State of California located at 8838 E. Valley Boulevard, Rosemead, CA 91770 ("City") and MV Transportation, Inc. with its principal place of business at 2717 N. Haskell Avenue;. Suite 1500, Dallas, Texas 75205 ("Contractor"). The City and Contractor are sometimes referred to herein collectively as the "Parties" and, each individually as a "Party. RECTIAL& 1. The Parties entered into Agreement No. AODL414 on C 1/ 2J23? The term of the Agreement was from the period of February 16, 2019 through ebruary '15, 2020 2. The Parties now desire to amend the Agreement to extend the term for an additional 45 days at -the rates provided for in the "initial Agreement for Yeartwoo of service. The Parties agree to the following changes to the Agreement:: SECTION 1. 3:1:3 Term: The term of this Agreement shall be extended from February 16, 2019 through February, 15, 2020, to the period of February -16, 2020 through. and including March '31, 2020, unless :earlier terminated as provided for herein. SECTION 2. Consistent, with attached Exhibit A and incorporated herein by this reference,. and as included in the Contractor's initial Proposal to the City, the rates that apply during the amended term extension per revenue vehicle hour and in the monthly fixed cost in year two. SECTION 3. All other terms and provision of the initial Agreement remain. Unchanged. LA #4821-7613;.38 V1 2/4!20 The below. signatories have the legal power, right, and authority to enter into this First Amended Agreement and bind each respective Party. Signed: CITY OF ROSEMEAD G oria Molleda, D4'217 trnW, - ate City Manager Attest: _. 2,b� Ericka Hernandez, Date Approved as to Form: 2 Rachel. Richman, Date City Attorney LA 94821-7613-3811 v1 2/4120 MV TRANSPORTATION, INC. V. �IJ AZt/6/2024: Name: Marie Meisenbach Graul Title! EVP, Chief Financial Officer [If Corporation, TWO ,SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: 60L�1:14 Name: Emily Somerville Title: Secretary EXHIBIT A RATES LA #4821=7613-3811 yl 2/4/20 ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE:,.2 Proposer's Name: MV' Transportation, Inc. PROPOSED COST FORMULA Thisaableauto-fills from Houdy'and Fixed Cost Tables, Do notoverwrite formulas. COST FORMULA. Year,tine 42,Montlis lear'Two 12lUtoittFts 1. Cost per, RVH $39.60 $25:935 $42.1$ Driver Fringe Benefits 2. Monthly Fixed Cost $44,183 $41,645 $1.536 Projected Annual RVH 16,61'd Maintenanm;3uppiies 15,610 $0.131 I Annual RVH. Cost $618,082 $0202, $658;412 4. Annual Fixed Costs $530;197 $0.308' $499,744. TOTAL COST (3+4) $1,748;279 $1,788,155 $0;195 This Cost Proposal:Form is to be used to:submitthe proposed,contractoei firm cost proposalfor all work:described.in the RFP and Scope:ofWork: The detailed Cost13reakdowns of the Cost Proposal Form should be consistent with proposed Cost Per Revenue Vehicle Hour and Monthly Fixed: Costs. BREAKDOWN OF G05T PEK KEVtNUL VtHIGLt HVUK DOST PER. RVH BREAKDOWN. Year Ona Year Two privet Wages $24.312; $25:935 Driver Fringe Benefits $8.572 $9.614 Maintenance Parts $1.536 $1.605 Maintenanm;3uppiies $0:127 $0.131 Outside' Repairs $0202, $0.208 Contracted Veh,. Cleaning $0:299 $0.308' tnterestExpense $0;195 $0.160 Overhead $1.980 $1.687 Management.Fe.e/Pr'ofit $2.370 $2.531 TOTAL COST PER RVH $39.595: $42.179. A0 0044 MANAGE MENTAND OPEFRATllON OF ROSEMEAD TRANS11" SYSTEM (MV TRANSPORY'A1-10N, INC.) This Agreement is made and entered into this 1st day of January, 2016 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and MV Transportation, Inc. with its principal place of business at 2717 N. Haskell Ave., Suite 1500, Dallas, TX 75204 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain transit services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing transit system management and operations to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such management and operations services for the Rosemead Transit System ("Project"), also referred to as "Services" as set forth in this Agreement. �,1111111[1111,04 N 3.1 Scope of Services, Vehicle Acceptance, and Term. 3.1.1 General Scope of Services: Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the transit system operations and management services necessary for the Project, herein referred to as "Services". The Services are more MV TRANSPORTATION, INC. Page 2 of 11 particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Vehicle Inspection and Acceptance. City and Contractor shall jointly inspect all vehicles prior to the beginning of the Services to ensure all of the vehicles are in good operating condition and repair and in accordance with the vehicle acceptance standards attached as Exhibit C. All defects identified in the inspections shall be repaired at City's expense in accordance with Exhibit C. 3.1.3 Term: The term of this Agreement shall be from the February 16, 2019 through February 15, 2020 unless earlier terminated as provided herein. The parties may, by mutual agreement, extend this Agreement for a period of one year. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement is necessary to complete the Services 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates: Independent Contractor: The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. MV TRANSPORTATION, INC. Page 3 of 11 Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City; the City shall not unreasonably deny Contractor's request for substitution. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. 3.2.5 City's Representative: The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative: Contractorwill designate a designee to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contract shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all MV TRANSPORTATION, INC. Page 4 of 11 violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contactor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Two Million Five Hundred Thirteen Thousand Six Hundred Twenty -Eight Dollars ($2,513,850.00) plus the cost of fuel for the full two year term (base year plus option year). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. Additional compensation may be made or deducted based on performance related to the Rosemead Transit Service standards identified in the original RFP and Exhibit A of this agreement. 3.3.2 Payment and Compensation: Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may MV TRANSPORTATION, INC. Page 5 of 11 request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Compensation Adjustment. City and Contractor shall negotiate in good faith equitable adjustments to the compensation to be paid to Contractor in this Agreement if Contractor's operating costs increase or revenue decreases as a result of any of the following events: 3.3.5.1 the volume of Services to be performed by Contractor increases or decreases by more than ten percent (10%) from the level specified in this Agreement; 3.3.5.2 if any of the assumptions included in Contractor's proposal attached hereto as Exhibit D are proven to be untrue or materially inaccurate; 3.3.5.3 City requests a change to the scope of services of this Agreement to be provided by Contractor, or City requests a change to the vehicles, equipment, and/or facilities to be provided by Contractor,- 3.3.5.4 ontractor; 3.3.5.4 there is an increase in the city, county, state, or federal minimum wage that requires Contractor to increase the wages paid to its employees and/or negatively impacts Contractor's ability to recruit and retain qualified employees for the performance of this Agreement; or 3.3.5.5 a local, state or federal government entity with jurisdiction over Contractor adopts any law, rule, regulation or order which has the effect of increasing Contractor's costs to deliver the Services under this Agreement. Adjustments to the compensation to be paid to Contractor shall be applied retroactively to the first day that Contractor's costs were impacted. Contractor shall provide written notice to the City promptly after Contractor's costs are impacted or an event occurs that Contractor determines in good faith will result in a cost impact. if the Parties are unable to agree on equitable adjustments to Contractor's pricing within thirty (30) days of Contractor's written notice, then either Party may terminate this Agreement upon 90 days' prior written notice to the other Party. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the MV TRANSPORTATION, INC. Page 6 of 11 Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City as well as Contractor's reasonable close-out costs, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Contract to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: MV Transportation, Inc. 2717 N. Haskell Ave, Suite 1500 Dallas, TX 75205 Attn: Legal Department Phone: (972) 391-4600 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Director of Public Works Phone: (626) 569-2150 Fax: (626) 569-2303 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and MV TRANSPORTATION, INC. Page 7 of 11 addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor specifically for City under this Agreement ("Documents & Data"). For the avoidance of doubt, Documents & Data shall not include (i) information, data, and materials produced for Contractor's business solely and (ii) software and computer programs licensed by Contractor or otherwise provided by Contractor for the performance of the services. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3,5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. MV TRANSPORTATION, INC. Page 8 of 11 3.5.6 Indemnification: To the fullest extent permitted bylaw, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, and Contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages expert witness fees, and attorneys fees and other related costs and expenses, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the agency. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.1 D City's Right to Employ Other Contractors: City reserves right to employ other Contractors in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar MV TRANSPORTATION, INC. Page 9 of 11 days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5. 14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required understate law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Force Majeure. Neither party shall be deemed to be in breach of this Agreement or subject to liquidated damages by reason of a failure to perform any of its obligations hereunder to the extent that such failure is caused by strike or labor disputes, unavailability of materials or utilities, riots, rebellion, terrorist attack, insurrection, invasion, war, action or interference of governmental authorities (other than City), acts of God, or any other cause whether similar or dissimilar to the foregoing which is reasonably beyond the control of the parties (collectively "Force Ma'eure Event"). If either party claims the occurrence of a Force Majeure Event, such party must give 5 days' notice from the claimed force majeure event to the other of the existence of such Force Majeure Event, the nature and extent thereof, the obligation hereunder affected thereby and the actions to be taken to abate or terminate such event. Failure to provide notice shall waive any right to allege Force Majeure as to that claimed occurrence. In no event shall the failure to pay any amount {or MV TRANSPORTATION, INC. Page 10 of 11 have the ability to pay any amount) be deemed a Force Majeure Event under this Agreement. 3.5.20 Equal Opportunity Employment: Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.21 Labor Certification; By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.22 Authority to Enter Agreement: Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.23 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] MV TRANSPORTAMN, M, PAge 11 of 11 CITY OF ROSEMEAD Gloria MoNeda, Citi Manager Date: February 15, 2019 G,fty Clerk Dade Approved as to Forma Rachel H. Richman Date City Aftorney MV TRANSY,01111TATION, INC. f3 T 0 fr� Ellso(,-IA & COO Ell 19 Date: February 116, 2019 U F J'If Corporation, TWO SIGNATLIRES, President OR Vice Prasiftnt AND Sacretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Datw February 15,2019 Title:ti MV TRANSPORTATION, INC. EXHIBIT A SCOPE OF SERVICES ENCUMBERS CITY ISSUED REQUEST FOR PROPOSAL DOCUMENTS AND CONTRACTOR'S PROPOSAL FOR SERVICES 61:two] ��i11Di q • 19 CONTRACTOR shall strive at all times to provide service in a manner that will increase system productivity while achieving or surpassing customer service expectations. Recognizing that the goals of productivity and customer service levels may conflict, the following standards are intended to be reasonably attainable by CONTRACTOR, fair to the customer, and consistent with CITY expectations. At the option of the CITY, CITY may enforce the penalties indicated for substandard performance. Failure to enforce any penalty for any such substandard performance shall not serve to invalidate said criteria nor preclude future enforcement of that penalty. CITY agrees that the incentives and penalties related to Criteria 1 and 2 — Service Productivity and Dial -A -Ride On -Time Performance — will not be enforced for the first 180 days of this Agreement. CONTRACTOR and CITY shall periodically meet to evaluate performance of the system based upon these standards. If the standards are not fulfilling their intended purpose, they shall be adjusted based upon recommendations made by CONTRACTOR with concurrence and final decision by CITY. Should it be found that CONTRACTOR'S performance has contributed to CONTRACTOR'S failure to achieve these standards. Rosemead Transit Service Standards Performance Criteria Standard Incentive Penalty 25.1. Service Dial -A -Ride: 2.4 Dial -A -Ride: $200 per Dial -A -Ride: $200 per Productivity Passenger Trips per month for each 0.1 month for each 0.1 Revenue Vehicle Hour above 2.5 trips/RVH below 2.3 trips/RVH Rosemead Explorer: Explorer: $200 per Explorer: $200 per 13.0 Passenger Trips month if avg. 14.0 or month if avg. 12.5 or per Revenue Vehicle higher less Hour 2. Dial -A -Ride On -Time $200 for each month $200 for each month Performance 95% or better that performance is that performance is 97% or. hi her less than 95%. 3. Dial -A -Ride: Failure $100 per incident of to wait a minimum of 90 Zero (0) occurrences None failing to wait at least seconds after on-time 90 seconds. vehicle arrival. 4. Dial -A -Ride: Missed Zero (0) occurrences None $100 per incident Trip FTIMI MV TRANSPORTATION, INC. [Arrival at pick-up location more than 60 minutes after the scheduled time or not at all 5. Telephone Hold 90% of all calls shall $100 per month if Times be answered in less $200 for each month 70.1 % to 80% of all than 3 minutes that at least 95% of calls answered in 3 100% of all calls shall all calls are answered min.; $200 if 70% or be answered in 5 within 3 minutes less answered in 3 minutes or less min 5. Vehicle Cleanliness As defined in SOW None $100 per day, per vehicle not clean 6. Driver Uniform As defined in SOW None $100 per incident 7. Monthly $200 for each month Management Report that reporting is Submission As defined in SOW None submitted late, incomplete or with incorrect data 8. Customer No more than 3 per $100 for each verified Complaints month None complaint received over 3 in a month CONTRACTOR shall take all reasonable actions requested by CITY to correct deficiencies in performance. Should deficiencies persist, CITY may take whatever additional action is necessitated by the circumstances and provided for in the AGREEMENT of which this Scope of Work is a part. In the event that an incentive or penalty associated with a Performance Criteria is achieved or levied for six (6) consecutive months, the CITY may meet with the CONTRACTOR and adjust the incentive or penalty thresholds as appropriate to ensure the effectiveness of the criteria. "TH EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement orendorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $10,000,000 combined single limit for each accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. With respect to the vehicles to be used under the terms of this Contract, Contractor shall maintain in full force and effect insurance covering vehicles against physical damage from comprehensive and collision, in an amount equal to the vehicles' actual cash value. The Contractor is allowed to self -insure this coverage. The City will provide auto physical damage coverage for city owned vehicles. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: A drop down feature that will recognize erosion of primary limits and will apply excess of the eroded or exhausted primary limits; Pay on behalf of wording as opposed to As reimbursement; Concurrency of effective dates with primary policies; and Policies shall "follow form" to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies. Sexual abuse/molestation insurance. Contractor shall procure and maintain Sexual Abuse/Molestation Liability coverage with limits of not less than $2,000,000 per occurrence and $4,000,000 general aggregate.. Coverage may be provided as part of Commercial General Liability coverage, Professional Liability coverage, or as a separate policy. Insurance procured pursuant to these requirements shall be written by insurers that are licensed carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size V11. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010, or equivalent. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to complywith this Agreementshall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event the Contractor fails to secure or maintain proper insurance during the term of the contract, the City has the right to cancel the contract. S. Contractor shall provide 30 days' notice to City of any cancellation of coverage. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self- insurance available to City. 10. Contractor, at Contractor's sole discretion, shall establish the insurance coverages required from each Subcontractor. Contractor shall endeavor to have the each Subcontractor include the City as an additional insured on the Subcontractor's liability policies and to include a waiver of subrogation where possible. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 16.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. I Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. EXHIBIT C VEHICLE ACCEPTANCE STANDARDS Prior to acceptance of any vehicle by Contractor, a detailed inspection will take place at least 30 days prior and a final inspection 15 days prior to start-up with representatives of the Contractor and City agreeing upon damage and wear. City and Contractor agree that vehicles will be delivered to Contractor in good condition and with each vehicle meeting or exceeding the following specifications for the first 30 days of vehicle acceptance by Contractor - 1 . ontractor: 1. Vehicle body and all attachments thereto will be free of dents and scratches in excess of I" in length. All body parts shall be properly attached to vehicle chassis and free of rust. 2. Exterior paint and decals shall be free from scrapes, scratches in excess of I" in length, rust and tar. All decals shall be properly applied and free from peeling. 3. Vehicle tires shall be of proper load range for the vehicle and be of a type equivalent to that originally supplied by the manufacturer. All tires shall of the same manufacturer and model. All tires will be free from side wall damage, shall have a minimum of 8132 inch tread depth on front tires and a minimum of 6132 inch tread depth on rear tires and shall be free from damage due to improper alignment or balancing or curb damage. 4. Vehicles shall contain a spare tire and wheel meeting the standards of paragraph 3 above if the vehicle was so equipped when purchased by City. 5. Vehicle destination signs, if vehicles are so equipped, shall have all current route indicators and shall be in proper working order. 6. All vehicle lights shall be in working order. 7. All decals or painting identifying the vehicle with a prior contractor or other operator shall be removed prior to delivery and all paint damage from said removal shall be properly repaired. 8. All vehicle doors and windows shall be in proper operating condition and properly sealed against the entry of fumes or water. 9. All components of the emission control and exhaust system shall be free from leaks, rust and be in proper operating condition to include inspection on Diesel Emission Control Systems (DECS) Diesel Particulate Filters. An opacitytestwill be performed during the turn over inspection process. Vehicles which do not pass will need to be repaired and retested prior to acceptance. Vehicles shall have current state emission certification, if so required. 10. Vehicle engine shall be in proper operating condition. Proper condition shall be established through oil analysis and compression testing. If engine has been rebuilt, City C-1 shall supply documentation of rebuilder and assure Contractor that engine rebuild meets manufacturer's specifications. 11. Vehicle transmission shall be in proper operating condition, free from leaks, bad gears or slippage. If transmission has been rebuilt, City shall supply documentation of rebuilder and assure Contractor that transmission rebuild meets manufacturer's specifications. 12. Vehicle electrical system shall be in proper operating condition. Alternator shall be supplying specified output and battery(ies) shall fall within manufacturers' specifications for output and specific gravity. All vehicle wiring shall be free from fraying and shall be properly loomed and attached to the vehicle in such a way as to prevent fraying. Any alterations to wiring not completed by vehicle manufacturer shall be performed so as to not overload any circuit and not to cause any short circuit. 13. All heaters and air conditioners shall be free from leaks and shall perform to the manufacturers' specifications. 14. All brake linings, drums and rotors shall meet manufacturers' specifications and shall have at least 50% life remaining as measured in 3/32nds of an inch. All wheel cylinders and brake lines shall be free from leaks. All brake parts shall be in proper repair. 15. Vehicle radios, antennas and all other communications devices shall be in proper working order and mounted so as to not constitute a safety Lazard. 16. The wheelchair lift shall meet all current state requirements and be in proper working condition. All wheelchair tiedowns and other securement equipment shall be in good condition and not be frayed or worn so as to constitute a safety hazard. Wheelchair lift interlocks, if so equipped, shall be in proper operating condition and meet state requirements. 17. Vehicles shall be equipped with a fire extinguisher with current tag, a complete first aid kit, full and complete safety triangle kit and all other safety equipment required by law. 18. All passenger seats and all other interior surfaces shall be cleaned and free from stains, tears and graffiti. Seats shall be properly secured to the vehicle with the proper grade of securement device. 19, Vehicles shall have a current preventive maintenance inspection including oil and filter change, transmission service, etc., in accordance with the requirements of Contractor in this Agreement and state requirements. 20. Vehicles will have all current required state inspection and registration certificates, if required. 21. City will provide a copy of most recent DOT and/or state inspection results. 22. Vehicles will be cleaned to the standards of this Agreement and shall be completely fueled. All other fluid levels shall meet manufacturers' requirements. C-2 22. All vehicle repair and inspection records shall be delivered with the vehicles. 23. All glass shall be free from chips, scratches and cracks. 24. All suspension and steering components shall be within the manufacturer's wear limits specifications and free from cracks and leaks. 25. All other items not specifically listed herein shall be in serviceable condition meeting generally accepted standards and practices of the public transportation industry and meeting all requirements of the state and federal government and all requirements contained in this Agreement. In order to ensure compliance with the above requirements, the following procedures will be used by City and Contractor: At a place and time mutually agreed to by City and Contractor, which shall occur approximately 30 & 15 days prior to the start of service by Contractor under this Agreement, City and Contractor, shall jointly inspect the vehicles to be provided by City to Contractor. During such inspection, defects to vehicles shall be noted. After the initial inspection, City shall ensure that all defects noted are repaired prior to Contractor starting service under the terms of this Agreement. Upon delivery of the vehicles to Contractor, City and Contractor will conduct a final inspection of the vehicles to ensure that items noted in the preliminary inspection were completed and that all vehicles are in compliance with this Exhibit. In the event the final inspection reveals defects in the vehicles as specified in this Exhibit, then City will have these items repaired or authorize Contractor to repair the items at the rate of $75.00 per hour of labor, plus parts I materials 1 supplies and third -party repairs at a rate 15% above Contractor's cost as required to repair defects. If necessary, additional maintenance personnel will be brought in to assist with completing repairs, with all travel, meal and lodging expenses of such personnel paid by City. C-3 EXHIBIT D CONTRACTOR'S PROPOSAL C-1 W MV11-ansportation, In(, January 4, 2019 Ray Alfonso 0 Dear Mr. Alfonso: ex ?I on our initial and follow-up discussions, MV Transportation, Inc. (MV) has prepared preliminary pricing for the operation of the City's transit system comprised of turnkey management and operations of the City Dial -a -Ride and! Explorer services for a period of two years (one base year and one option year). Contained herein you will find an overview of the firm, our operating plan, a description of the operating fac:ility, the organizational chart for the engagement, and our proposed price. It is important to note that MV has based its pricing on certain assumptions, which we have outllined herein; we would like to discuss with the City in more detail' at the appropriate time. Should the City require any further additional information, please do not hesitate to contact me at any time. Judie Smith is your primary contact and is authorized to make representations for MV Transportation, Inc., including all its subsidiaries, joint ventures, partnerships, and; affiliates (the bidding entity). She can be reached any time of day at (310) 625-1628 or by email at ismithamvtransit.com, Addftionally,, I will serve as your secondary contact-, I can be reached' at (623) 340-3209 and by email at '�oe.escobedo@mvtransit.com. Thank you for your ongoing consideration of MV Transportation, Inc. We look forward to working with you. Best regards, Joe Escobedo Senior Vice President 479 MASON STREET I SUITE 2211 VACAVILLE, CA 95688 OPERA �'�ON Of ROSEMEAD � RANIS T About MV Transportation MV Transportation, Inc. was founded in 1975, in the San Francisco Bay, The owners and founders, Feysan and Alex Loddl:e, formed an agreement with the City of San Francisco to provide transportation to persons with disabilities. The Loddes acquired three vans and pioneered transportation of persons with disabilities in the Bay Area 15 years in advance of the historic passing of the American with Disabilities Act into law in 199f1. Over the next LWO decades, the company grew from a local company to a national multimodal transportation provider. MV Co-founder Feysan Lodde in, 1975. In total, MV Transportation, Inc, and its subsidiaries have been providing trans portaitilo n services, for 62 years. ?ts Oul 'IMI'v" ;s a Itue Arl-pri'li :1.UCG(,`Ss stcq"Ii,,,,, 7 1 ai`ed�cahcin tic otv" c,fients, and i")(,u IV "", ha, Qfoi,vn tc� laf est ci lta,nsj,,),°.Oation ;oanai� In "be", n��Ifion, to ,7 tr" rnake us diften,riiL . .... . ..... . ......... .... . .. .... . ...... Today, the company remains the nation's largest American�owned passenger transportation company, The MV name represents MV Transportation, Inc. and its affiliates which include MV Public Trans ' i�fiortafion Inc, MV Contract Trans�I n, Inc.,, IVIVT Canadian Bus, Inc,; and Reliant Transportation, Inc, Company Size and Statistics (as of 1'' ember 2018) Number of Employees: 19,299 Number of Vehicles: 11,000 2017 Revenue: $1,322,282,000 Number of Contracts: 237 Number of Locations: 208 (29 states and Washington D.C.; 2 Canadian Provinces) Legal Status: MV Transportation, Inc. is a C corporation and was incorporated in the State of California in: 1978. 2 oPEe^T|om Or eOSsMsxo TRAw|ST Mariagernen't Philosophy MV operates under a guiding management philosophy that service quality need not have a direct relationship to operating cost, and instead is derived by a positive work environment where proactive employee relations and professional development are enoouroged. Passenger transportation is a people -focused buslness, and exn8||emme is achieved when qualified employees have the training and support resources tnperform their jobs safely and professionally. Further, a well-trained, well -organized staff will realize gnaatoperatioma| efficiencies that can contain costs and deliver effective alternative options toK8V'm oustVmmera, without reducing service grsacrificing quaUity. MV's Approach Ito S~n~Nar Projects MV'eapproach offers effective solutions tVa variety of clients inamanner that maximizes resources and oontnm|G costo. In Los Angeles, this is frequently achieved though leveraged facilities and staffing —an approach that contains costs, while ensuring that each service imoperated using qualified and professionally trained personnel. Throughout its history, the company has remained steadfast on promoting diversity within its operations; the company currently operates services ofvarying size and scope — from two bus operations tV2QObus operations, W4V'sreputation for excellence across the industry lies in its ability to meet the transit needs of amextensive and diverse customer base. w Paratrammit and Demand Service: MVmanages more than 13Ocontracts operating demand -based transportation services programs across North America, serving diverse metropolitan areas such as Los Angeles, Baltimore, New York, and Vancouver. m Fixed Route Service: MV operates more than 140 contracts in North America with fixed route, flex route, commuter bus, and shuttle components. Within the Southern California/greater Los Angeles Metropolitan area a|mne. MV operates more than 700 fixed route transit buses. MV provides rnore service than any other contractor on behalf ofthe Los Angeles Department ofTransportation (LAOOT). This Los Angeles presence creates optimal avai,lability of cross -trained staff, ready to serve as replacement staff as needed. mv rRAwmPOmTAr|ow. |m�� 3 I 2 6 OPERATION OF ROSEMEAD TRANIST Fleet Maintenance: Approximately 80 percent of MV's contracts, and nearly all contracts where MV operates more than 50 buses, require that the company manage and maintain fleet maintenance operations. The company's maintenance program is based on industry best practices to protect and extend the life of the transit fleets it operates. Transportation Technologies and Intelligent Transportation Systems: MV surpasses its competition in the management of ITS programs. The company is experienced in the implementation and use of nearly all transit technologies available to public transit systems. Over the past decade, the company's development and use of state-of-the-art software has reinforced the company's position as a transit technology leader. Organizational ResIDUlac es, Expertise, and Primary Business Transportation is MV's primary business, and MV commits a significant investment in the corporate resources provided to each of its operations. More than 100 employees in centralized corporate departments (operations, maintenance, information technology, safety, risk management, human resources, payroll, accounting, and legal) provide support services to MV's local, teams. This approach reduces costs and places highly experienced personnel near the local area to assist as needed. UPriv l ILcM Stipport As the largest provider of fixed route and paratransit services in California, MV brings significant experience and access to professional support, With more than 20 locations in the Los Angeles area and 70 contracts within the, State of California, MV can provide additional labor, equipment, and supplies to the service as needed. Located at 7209 East Rosecrans Avenue, Paramount, California, MV's operating location is 15 miles from the Rosemead City limit. MV Contract Zocations The key to MV's proposal is a superior staff and support team. MV is proud to offer a highly experienced team to work in partnership with the City to ensure that service runs smoothly and that the City's investment in new vehicles is protected. Led by MV's Southern California regional vice president, Judie Smith, MV's regional management My l'iRANSPOR"FATION, INC. 11 OPERA -T ION OF ROSEMEAD 'rRAI411,`,'� T personnel are available to the local team in person, via telephone, and by email to ensure MV is living up to the promises made in this proposal. Finally, 1AV's centralized support approach allows the local team to focus on service, rather than administrative functions. Ws proposal contemplates operating service from its existing location in nearby Paramount, MV's Paramount facility offers a fully -staffed operation — including the street services. Additionally, MV will leverage its existing management team to oversee this project, offering an exceptional blend of operational experience and cost efficiency: Project/Safety Training Manager, Kay Kindle, brings 30 years' experience in transportation management in the greater Los Angeles area to the City services. Kay is a hands-on manager whose expertise will ensure excellent customer service, safety, and response time. GeneraViTianager (eararrilount, California), Stephen Allan, brings more than 30, years of management experience to the City, He is onsite during all hours of servicq and will be available to support Kay Kindle as needed. Operations Supervisor, Lupe Flores, brings 20 years of transportation experience to the City and currently maintains daily oversight for 145 employees at MV's Paramount location. It Maintenance Manager, Martin Camargo, brings more than 15 years of Southern California transportation maintenance experience to the City. He will apply this expertise to the upkeep and maintenance of the City fleet, ensuring preventive maintenance inspections are completed on-time and all safety issues identified by the operators are immediately addressed. 0 Regional Vice President, Judie Similth, will provide corporate support and is a 28 - year veteran of public transportation. She will lend support to the local team, lead transition efforts, and, ensure the City is receiving unrivaled service, ..... ­­- -- - ------- - - -- ------- - --- - ­­_ . . ......... . Judic", SnWh "(411 W 1.1he se,kvice vvilh the f(,,) AN s IAIng tq) �c MV will also provide additional corporate support through regional personnel who are experts in the areas of safety, maintenance, and accounting. MV 'T RANSPORTATHDN, INC. 5 IF OPERATION OF ROSEMEAD TRANIST Staffing Orgarfization Chart, *Denotes leveraged personnel resulting in savings for the City in the management of the system. Operations and Maintenance Faclifity MV will base operations, dispatching, training, maintenance, cleaning, and vehicle storage from its facility located at 7209 East Rosecrans Avenue in Paramount, CA. This facility provides 4,0100 square feet of indoor space (with concrete flooring) to perform all vehicle maintenance with two drive-through service bays, providing four stations from which maintenance can be performed. The facility has an appropriate ANSI -approved hydraulic lift capable of fully lifting the heaviest service vehicles six feet above the ground for maintenance purposes. The maintenance area is fully enclosed! and able to withstand the weight of a Type C transit vehicle. This facility includes a bus wash and asecured storage area for tools, equipment, and parts. The yard is situated on two acres of paved outdoor vehicle storage space; the area is securely fenced and well lit, Additionally, this facility provides approximately 1,500 square feet of operations space with five offices and five workstations, dispatch office, operator break area, and one training room. This facility is currently leased by MV. MV TRANSPORTAHON, INC - 6 OPERATION OF ROSEMEAD �-RANJST I in I Contractual arid Pricing Assumptions Assumptions regarding a resulting contract include the following: MV's pricing is based on a 2 -year term comprising one base year with one mutually acceptable option year, * MV reserves the right to adjust its price to the City if the City adjusts projected revenue vehicle hours in excess of 1101 percent (increase or decrease). MV assumed 15,610 annual revenue vehicle hours {6,510 for Dial -A -Ride services and 9,100 for Explorer services) and 233,507 total miles. * MV reserves the right to review and provide feedback on a resulting contract and to negotiate in good faith with the City to reach a mutually acceptable agreement. MV reserves the right to reprice these services during the negotiation process and as additional information and/or clarifications are obtained. MV TRANSPORTATION, ING. '7 OPERATION OF ROSEMEAD TFZIMOST Assumptions regarding MV's price include the following: MV's revenue vehicle hour definition is based on the below definition provided by the City: For Rosemead's fixed route services, a revenue vehicle hour shall be defined' as any sixty -minute increment of time, or portion thereof, that a vehicle is in revenue service, including layover'/recovery time but excluding deadhead, training operators prior to revenue service and road tests. o For the Rosemead Dial -A -Ride service, a revenue vehicle hour shall be defined as any sixty -minute increment of time, or portion thereof, that a vehicle is available for passenger transport within the established hours of service. A vehicle is available for passenger transport from the time it arrives at its first pick - tip address and ends when it has completed its last passenger drop-off and is mm released from service by the dispatcher if the first scheduled pick -tip is a no- show, the vehicle arrival time at that stop shall still be used' for computation of revenue vehicle hours, however, this rule shall not apply to late trip cancellations. Revenue vehicle hours are also known as "vehicle revenue hours" and" vehicle service hours." Revenue vehicle revenue hours, for both services, shall exclude any meal breaks, service breaks, mechanical breakdowns and time a vehicle is down due to an accident MV assumed an average driver seniority of 4,7 years in year one (base year) and 5,0 years m year two (option year). MV did not receive information on the incumbent workforce, so may need to adjust its price when information is provided. Wassumed the City will reimburse for fuel supplied by MV for use in the City - provided revenue vehicles. MV assumed the City will honor the previously stated 18,0-daly waiver of any penalties and incentives from the start of the agreement for both Criteria I (Service Productivity) and Criteria 2 (Diai-A-Ride On -Time Performance) of the Rosemead Transit Service Standards table contained in its original RFP. MV shall be entitled to compensation for Special Services beyond the established maximum obligation for such services at the normalrate per revenue vehicle hour specified in the agreement. MV's current price does not account for any fuel tax credits at this time given the timeline to complete its initial pricing. MV will, update its pricing for the City once we have the relevant information in hand which MI in, effect lower the overall cost to operate the service. MV assumed the City would be agreeable to the following language change regarding vehicle Physical Damage Insurance based on MV"s certification with the State of California as a self-insured contractor based on its financial viability: MV FRANSIPORTAIJON, INC, 8 OPER�ATION 017 ROSEMEAD TRANIST o Original language in RFP., 2. Insurance, 3. Coverage, (c) Vehicle Physical Damage. With respect to the vehicles to be used under the terms of this Contract, CONTRACTOR shall maintain in full force and effect insurance covering vehicles against physical damage from comprehensive and collision, in an amount equal to the vehicles' actual cash value. Any deductible shall not exceed Ten Thousand Dollars ($10,000.00) Per Incident, must be stated in writing to the CITY and shall be the sole responsibility of the CONTRACTOR. Proposed language change - With respect to the vehicles to be used under the: terms of this Contract, CONTRACTOR shall maintain in full -force and effect insurance covering vehicles against physical damage while in the care, custody, or control of CONTRACTOR, in an amount equal to the vehicles' actual cash value, CONTRACTOR is allowed to self -insure this coverage. Iterns to be provided by City and MV Items to be provided by the City: City will provide all hardware and software technology required for the Explorer fixed route service to include GPS tracking. City will provide at no cost to MV a total of five (5) propane -fueled revenue vehicles along with fareboxes and vaults to include three (3) Type C Starcraft Allstar Buses and two (2) Type B Starcraft Allstar Buses. The City will be responsible for vehicle registration and licensing of the revenue fleet. The City will provide Seon or similar type on -board camera system in each of the revenue vehicles at no cost to MV. Items to be provided by MV: 0 MV will provide Trapeze software for use on the Dial -A -Ride servilice. 0 MV will provide tablets in each of the Dial -A -Ride revenue vehicles., MV will provide two-way radios for use by vehicle operators and dispatch. MV will equip each revenue vehicle with Mobileye and DriveCam camera systems. iW MV will provide two used relief vehicles. MV will provide translation services along with secret shopper services. um A lip NIV TRANSPORTATION, INC� 9 ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE 2 Proposer's Name: MV Transportation, Inc. PROPOSED COST FORMULA This table auto -fills from Hourlv and Fixed Cost Tables. Do not overwrite formulas. COST FORMULA Year One :::. 12 Months Year.Two ..... . 12 Months 1. Cost per RVH $39.60 $42.18 2. Monthly Fixed Cost $44,183 $41,645 Projected Annual RVH 15,610 15,610 3. Annual RVH Cost $618,082 $658,412 4. Annual Fixed Costs $530,197 $499,744 TOTAL COST (3+4) $1,148,279 $1,158,155 This Cost Proposal Form is to be used to submit the proposed contractor's firm cost proposal for all work described in the RFP and Scope of Work. The detailed Cost Breakdowns of the Cost Proposal Form should be consistent with proposed Cost Per Revenue Vehicle Hour and Monthly Fixed Costs. BREAKDOWN OF COST PER REVENUE VEHICLE HOUR COST PER RVH BREAKDOWN Year One Year Two Driver Wages $24.312 $25.935 Driver Fringe Benefits $8.572 $9.614 Maintenance Parts $1.536 $1.605 Maintenance Supplies $0.127 $0.131 Outside Repairs $0.202 $0.208 Contracted Veh. Cleaning $0.299 $0.308 Interest Expense $0.193 $0.160 Overhead $1.980 $1.687 Management Fee/Profit $2.376 $2.531 TOTAL_ COST PER RVH $39.595 $42.179 ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE 3 Proposer"s Name: MV Transportation, Inc. BREAKDOWN OF MONTHLY FIXED COSTS rNinfn• Cncfs chnwn are to he the average monthly fixed costs by cateciorv) MONTHLY FIXED COST BREAKDOWN f Year One Year. Two - Project Manager Salary $ 883.57 $ 905.66 Project Manager Fringe $ 110.94 $ 114.32 Maintenance Mgr Salary $ 400.49 $ 410.50 Maint. Mgr Fringe $ 76.77 $ 78.89 Operation Supervisor Saiary $ 5,248.39 $ 5,791.86 Operation Supervisor Fringe $ 988.26 $ 1,088.84 Dispatch Staff Wages $ 5,248.39 $ 5,791.86 Dispatch Staff Fringe $ 988.26 $ 9,088.84 Maintenance Staff Wages $ 4,270.14 $ 4,442.89 Maintenance Staff Fringe $ 984.42 $ 1,066.40 Other Wages (Specify) $ - $ - Other Fringe (Specify) $ - $ - Hiringliraining $ 862.02 $ 887.88 Safety $ 466.83 $ 475.77 Uniforms $ 154.48 $ 159.12 Non -Revenue Vehicles $ 1,175.09 $ 1,202.25 Facility Lease/Rent Costs $ 3,812.73 $ 3,931.77 Janitorial $ - $ Telephone $ 767.09 $ 790.11 Utilities $ 466.48 $ 480.48 Office Supplies $ 295.82 $ 304.69 Accounting INSURANCE: - General Liability Automobile Liability $ 733.11 $ 733.11 Collis ionlComprehensive $ 2,345.95 $ 2,365.50 Workers Compensation Computer Hardware $ 210.13 $ 210.13 Computer Software $ 4,410.49 $ 4,542.81 On -Board Camera Costs $ - $ Fareboxes Radio's $ 420.00 $ 427.20 System/Vehicle Technology Business License/Taxes $ 31.17 $ 32.10 Start Up Costs $ 3,756.99 $ - Interest Expense $ 214.91 $ 157.81 Overhead $ 2,209.15 $ 1,665.81 Management Fee/Profit $ 2,650.99 $ 2,498,71 TOTAL MONTHLY FIXED COSTS I $ 44,183.08 $ 41,645.30 [Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.] ESTIMATED ANNUAL FUEL COST Year One .:Year Two Projected Total Vehicle Miles 234,595 234,595 Estimated Annual Fuel Cost $ 102,175.64 $ 105,240.91 Assumed CostlGal Gasoline $ 2,500 $ 2.575 A�� o CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 01/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREll AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGriff, Selbeis & Williams of Oregon 1800 SW f=irst Avenue, Suite 400 Portland, OR 97201 CONTACT NAME: PHONE 503-943-6621 FAX 503-943-6622 A1C No Ext): AIC No E-MAIL ADDRESS: INSURER(SI AFFORDING COVERAGE MAIC p INSURER A :ACE American Insurance Company 22667 02/01/2020 INSURED MV Transportation, Inc. and subsidiaries 2711 N Haskell, Sulte 1500 INSURER B:Gemini insurance Company 10833 INSURER c:ACE Properly and Casualt Insurance Company 20699 INSURER o :Indemnity Insurance Company of North America 43575 Dallas, TX 75204 INSURER E :ACF Fire Underwriters Insurance Company 20702 INSURER F:Lexington Insurance Company 19437 Cf)VFRAGES CERTIFICATE NUMBER:J48NOVS7 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fNSR LTR TYPE OF INSURANCE ADDL INBD SUB WVD POLICY NUMBER POLICY EFF MMlDPlYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G71233248 02/0112019 02/01/2020 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTET 100,900 PREMISES Ea occurrence $ CLAIMS -MADE Fx_1 OCCUR MED EXP (Any one person) $ PERSONAL & AOV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMPIOP AGG $ 5,000,000 X POLICY ❑ PRO ❑ LOC JECT $ OTHER: A AUTOMOBILE LIABILITY XSA H25281755 02101!2019 02/01/2020 COMBINED SINGLE LIMIT 2,000,000 Ea accident $ BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY II AUTOS HIREDNON-OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE GVE100144804 468611 9A 002 02/01/2019 02/01/2020 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DFD RETENTION $ $ A D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEX£CUTkVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N 1 A WLR 065432250 (AOS) WLR 065432213 (AZ, MA) WCU 065432 98 (CA, OH, WA ) SCF 065432298 ( 1) 02/01/2019 02/01/2020 X PER OTH- STATUTE ER E.L. EACH ACCIDFNT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ If yes, describe under1,000,000 DESCRIPTION OF OPFRAHONS below F Auto Physical Damage 011144707 02/01/2019 02/011202() Each Occurrence $ 1,000,000 $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES tACORD 401, Additional Remarks Schedule, may be attached if more space is required) Re: Operation of Rosemead Transit The City, its officials, employees and agents are named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms, conditions, limits and exclusions. Waiver of subrogation (Al GL & WC) applies where required by written contract. CERTIFICATE HOLDER CANCELLATION Page 1 of 1 V 1988-2U15 ACORD CORPORAT 100. tall ll resell ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rosemead AUTHORIZED REPRESENTATIVE 8838 E. Valley Road Rosemead, CA 91770 Page 1 of 1 V 1988-2U15 ACORD CORPORAT 100. tall ll resell ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 3 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS gamed Insured Endorsement Number MV Transportation, Inc. 2 Policy Symbol Polloy Number Policy Period Effective Date of Endorsement XSA H25281755 02/01/2019 to 02101/2020 Issued By (Name of Insurance Company) ACE American Insurance Company Insert tate policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to tae preparation ar trte policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM We waive the right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for Injury or damage arising out of the use of a covered "auto". The waiver applies only to the person or organization shown in the Schedule. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Authorized Agent DA -20345 (06/06) ;std, in U.S.A. Page 1 of 1 4 RECOVERY FROM OTHERS Named Insured Endorsement Number MV Transportation, Inc. 1 Policy Symbol Policy Number Policy Period Effeetive Date of Endorsement WCU C6543233A 02101/2019 to 02/01/2020 Issued 6y (Name of insurance Company) ACE American Insurance Company ewer L ure Puuuy nui uuer. 1,11W res ueinuer ur ure 1111V1nauun rs iu ue wmprereu anq wnen finis anuorsemenr is rssueo suosequent to tae preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Specific Excess Workers Compensation and Employer's Liability Policy Solely with respect to a written contract with the organization named in the Schedule below, the final paragraph of I. Recovery From Others in PART SIX - CONDITIONS is deleted and replaced with the following: In the event of any payment under this policy for a Loss for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such Loss and only for the organization named in the Schedule below. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. This endorsement does not apply to policies in Missouri where the employer is in the construction group of classifications. WC 99 04 91 (10108) Page 1 of 1 POLICY NUMBER: HDO 671233248 3 Endorsement Number: 1 COMMERCIAL GENERAL. LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS .. US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "Your work" done under a contract with that person or organization and included in the "products - completed operations hazard". Thls waiver applies only to the person or organization shown In the Schedule above. CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 'I POLICY NUMBER: HDO 671233248 14 Endorsement Number: 17 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0. � A Im This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss, Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Section If — Who Is An insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you, CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 2 ...... ..:.. Named Insured Endorsement Number MV Transportation, Inc. 14 cysymbol Policy Number Policy Period Effective Date of Endorsement �Xp"'S'! A H25281755 02101/2019 to 02101/2020 ued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The Tema nder of the nformation Is to be completed only when this endorsement Is issued subsequent to the preparation of the po icy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM 1. WHO IS AN INSURED (Section II) is amended to Include any person(s) or organization(s) for whom you have agreed in a written contract to provide insurance but only for damages; a. Which are covered by this insurance; and b.. Which you have agreed to provide in such contract. 2. The limits of insurance afforded to such person(s) or organization(s) will be: a. The minimum limits of insurance which you agreed to provide, or b. The limits of insurance of this policy whichever is less. DA -20359 (6106) Ptd, in U,S.A. Page 1 of 1 Ir, EXHIBIT D � 01410° '&L RFP AND ADDENDUM NO., 70 IFP REQUEST FOR PROPOSALS MANAGEMENT AND OPERATION OF THE ROSEMEAD TRANSIT SYSTEM 1. DESGRIPTIOM OF THE PROJEGT The Rosemead Transit system,, initiated by the City of Rosern-ead 'in the 1980Ts, provides Dial -A -Ride and. community fixed route transit: services. Dial -A -Ride -service is provided to ser�rors (55±) and individuals with permanent disabilities within the city_, to destinations with ir',5 miles of the city limits, and for medical appointments to the Kaiser Hospital facility in_- Baldwin Park and the Huntington .Memorial Hospital .area in Pasadena. The Explorer operates a community fixed route service entirely within the city with two buses operating. a -single route in opposite directions. The ,combined Rosemead Transit :sdrvices carried a total of 140,,160 passenger trips in the 2013/2014 year, while operating a total of 1'4,9.71. revenue vehicle hours 7- D,273 revenue vehicle miles. Attachment"D contains Rosemead Transit operating and.financial data and basic performance indicators for the past three years. The Gity finances the Rosemead Transit system through Los Angeles. County Proposition A and G Local Return funding and Fare revenues. The Citydoes not receive any Federal or State transit funding. Rosemead Dial -A -Ride The Rosemead Dial: AA -Ride Provides advance -reservation, curb�to-curb ' demand responsive, transportation to senior residents of the city age 55, and above, and to individuals with permanent disabilities as certified by City staff. Requests for .service may be made'up to 14 days in advance of the service day or,. for trips that are taken .on a regular basis at the same day and time each week, can be- set up as subscription trips. Same day and immediate trip requests -are. accommodated if capacity is avellable. This is not an ADA paratransit service. Dial--A-Ride service operates the following days and hours: Weekdays (Monday.— Friday): 6:00 am -- 700 pm Weekends (Saturday and Sunday): 6:00 am — 7:00. pm Holidays: .8:00 am --4:00 pm The Dial -A -Ride is to -operate 366 days a year, 06 reduced operation of only one (1), vehicle on these holidays: New'Year's Day; Memorial Day; July 4'h,, Labor Day, Thanksgiving Day, and Christmas Day. The CITY reserves. the_rightto direct the operation of reduced levels of service on unofficial holidays and during holiday -periods. , City of Rosemead - Rosemead Transit 2095 RequestForProposais V4 3 A maximum cif two (2) ADA-compliant.paratransit vehicles are operated in Dial_A Ride service at peak periods and the existing contract has specified the number of vehicles to lase operated on weekdays, weekends and holidays by time of day. The Contractor will be responi i.ble for managing and operating Rosemead Dial -A --Ride services so as to achieve the. Citys performance goals for this service and is expected 'to manage the level of services provided to reflect actual trip demand. Dial A -Ride -service is provided. within the city and to destinations within 5 miles of the city limits and for medical appointments to the Kaiser Hospital facility in Baldwin Park and the Huntington .Memorial Hospital area in Pasadena.. Rosemead Explorer Fixed Route The Explorer -is a general public, community fixed route service operating bi-directional on a single route -through the city. Explorer services are operated 3G2 days a year urol, —,he following hours: Weekdays (Monday-� Friday);. .0o – 8:0.0 pm Weekends ,(Saturday and Sunday): 1 .0 am – 8:00 pm Two Explorer vehicles are to be.operated daring each of these periods, Service will be suspended.on Christmas Day, Thanksgiving Day and New Year's Day. From December2011 through the end of the current contract, the City has contracted for operation of the Commuter Connection, a general public. fixed route service operating between the Rosemead Place/Target shopping center and the El Monte Metro and Metro [in k Stations Monday through Friday between 6,00am and. 6:45 am and �4:00pm to 6:45pm. The Commuter Connection service will not bb operated under the new contract. General The Rosemead City Council is the- policy making body for the Rosemead Transit system. Overall .administration, planning, monitoring and marketing of the system 'is vested in the City's Public Works Department, under the direction of the public Works Director. Since ' the inception of Rosemead Transit, the City has utilized the services of an independent management and operations Contractor to provide full "turn -key .management and operation of -the system. The City provides only poljcy.: directlon, general supervisiop and monitoring of services, service -and system planning,. marketing .support and materials,. fare media and qualification of residents -to use the Dial -A -Rude, and, with this new contract, the service vehicles for both Dial A Ride and Explorer services. (See RFP Section 2 herein for "City Duties and- Responsibilities."] City of Rosimnead— Rosemead Transit 2015 Request For Proposals W 4 V1. SCOPE OF WORK SECTION 1: DEF1N1T ONS As used throughout the Request for Proposals, exhibits and attachments, the following terms shall have the meanings set forth below; Advanced Reservation .— Describes the process of requesting trips and receiving trip confirmation prior to the day service is requested. Americans Mth Disabilities Act of 1990 (ADA) — Federal civil rights legislation which mandates accessibility for ,people with disabilities, -included is a requirement that all public transit agencies operating fixed route bus service provide complementary paratransit service to persons functionally unable to use accessible fixed route systems. CITY -- Shall indicate 1he City of Rosemead. _ Contractor, — Shali sigriify a firm submitting a proposal to provide the services described herein and the vendor selected -and under contract with CITY to prorride transportation, services. Cuirb4o-Curb Service -- A type of paratransit service where, on both the origin and destination end of the trip, the driver gets out of the vehicle and assists the passenger between the vehicle and a sidewalk or other waiting area no more than 16 feet -from the vehicle. Deadhead -- For paratransit services, refers to either miles or :hours when -a vehicle Is not in revenue service including. travel from the yard to the first pick-up, from the. :last - drop -off back to the yard when released by the dispatcher. and travel during driver breaks and other `but of service" times. The travel between scheduled pickups and drop offs, regardless of whether a passenger is on board, is not deadhead. Demand Responsive — Describes a service thatdoes not require advance reservation and'trips can. be requested the same day [also referred to as "same day," "real-time" or "immediate response"]. Door -to -Door Service —A type of paratransit service where, on both 'fihe origin andfor destination end of the trip, the driver gets out of the Vehicle and meetsfescorts the passenger to the door of the main lobby; residence, or ° building. The driver is responsible for assisting the passenger throughoutthe trip. Drivers arenot allowed to enter a residence and must keep the vehicle in sight at all times:. Dwelt Time.-- The amount of .time spent by. vehicle and driver at each pickup and drop- o#F waiting for the passenger(s) to appear, during passenger boarding, debdarding and wheelchair securement. Dwell time is included in the: Revenue Vehicle Hour computation. City of Rosemead—: Rosemead- Transit 2095 RequestForProposaN b-3 28 Federal Transit Administration (FTA) — A branch of the U.S. Department of Transportation (USDOT) established to improve transportation throughout the nation. The FTA provides funding and assistance to regional transportation agencies, among various other programs. Holidays — The official City holidays are; New Year's Day.; Memorial Day; [ndependence Day; Labor Day; Thanksgiving Day; and Christmas Day. Late Trip — For Dial -A -Ride service, any trip on which the vehicle arrives for the pick up more than 15 minutes after the scheduled time. For fined route servicel, any arrival at a time point more than 5 minutes after the scheduled time. Missed 'Trip — Any ,scheduled trip on which the Dial A -Ride vehicle arrives more than Bg minutes after the scheduled pick up time or does not arrive at all. No -Show --A scheduled passenger whodoes not appear at the designated location for vehicle boarding within 5 minutes of an on-time vehicle arrival or calls the Rosemead Dial -A• -Ride to cancel the trip'less than one (1) hour before the scheduled piclt-up time. Ort -Time Pickup -- For paratransit services, a vehicle shall be on-time if it arrives. at the designated .pickup location no more than 15 minutes prior to the scheduled pickup time or no more than 15 minutes after that time. For fixed route services, a vehicle shall be on-time if :it arrives at a designated bus stop not earlier than or no more than 3 minutes after the scheduled arrival .time. Subscription Service. --Paratransit trips to and from the same origin and destination at the same time and day at least once a week. Subscription, services do not require the passenger to cal[ in their request for each trip; only to cancel for one or more days. Revenue Vehicles- Refers .to vehicles used to transport passengers in transit and paratransit revenue services.. Revenue Vehicle Hour — For Rosemead's fixed route services, a revenue vehicle hour shall be defined as any sixty -minute increment of time, or portion thereof, that a vehicle is in revenue service, including layover/recovery time but excluding deadhead; training operators prior to revenue.service and road tests. F.or'the Rosemead Dial -A -Ride service, a revenue vehiclehour shall, be defined as any sixty -minute increment of time, or portion thereof, that a vehicle is available for passenger transport within the .established hours of service. A vehicle is. available - for passenger transport fl-om the time it arrives at its first pick-up address and ends when 'it has completed its last passenger drop-off and [a released from service by the dispatcher. If the -first scheduled pick-up is a no-show, the vehicle arrival time at that stop shall still.be used .for computation ofrevenue vehicle hours, however, this rule shall not apply to late trip cancellations. Revenue vehicle hours are also known as 'vehicle revenue hours" and "vehicle service hours." City of Rosemead -- Rosemead Transit 2095 Requast For. Proposals b�%§ 29 � P . Revenue vehicle revenue hours, 'For both services, shall exclude any meal breaks, service breaks, mechanical breakdowns and time a vehicle is dovJn due to an accident. Ilavenue Vehicle Miles — The mileage incurred by a vehicle while operating a Revenue vehicle hour. SEGTION 2: CITY DUTIES AND RESPONSIBILITIES CITY shall accept the following responsibilities and perform the following duties 'with respect to Rosemead Transit. To the extent reasonable and feasible, CONTRACTOR shall assist CiTY in this regard, 2.1 Revenue Vehicles With this contract, the CITY will provide three (3) Type C Gasoline Cutaway ADA - Compliant buses for operation of the Explorer fixed route services and two (2) Type ,g Gasoline Cutaway ADR -Compliant Muses for operation of the Dial -A -Ride. The specifications for these buses may be found on the CITY's., website at http.:f/www. cityofrosem ead. orgli ndex. aspx?p age=278, CITY shall be responsible for all signage on the exterior of the buses. These causes will be available on or about September 1, 2015. 2.2. System Planning and Administration CITY shall be responsible for all policy decisions and activities relative to Rosemead Transit routes,, schedules, days and hours of operations, stop locations, street fumishings., preparation of planning documents, budgets, grant applications and related documentation, and other such activities to overall system administration. 2.3 Advertising. and Promotion CITY shall prepare, place, schedule, and pay for all advertising and promotional materials designed to1nform the public of Rosemead Transit operations'and to promote ridership. 2.4 Fuel CITY will reimburse CONTRACTOR for fuel supplied by CONTRACTOR for use in the CITY provided Revenue Vehicles, City shall not reimburse CONTRACTOR for fuel used in non -revenue vehicles. CONTRACTOR shall utilize a dispensing. system, approved by CiTY, which accurately records all fueling purchases to .allow CITY to reconcile all fuel transactions by date and vehicle number-. The CITY expressly reserves the right in its sole discretion to -establish fueling procedures as determined by .CITY to be in CITY'S best interest. CONTRACTOR_ and all of its employees shalt adhere to :any and all operating, administrative, and accounting procedures required by CITY in connection with all fueling. operations. 30 City of Rosemead — Rosemead Transit 2015 Request ForPmposals V -S 2.5 Schedules, Passes, Tickets, At CITY's discretion, CITY may develop and implement a form of fare media that will be accepted in lieu: of cash fares. ,CITY shall prepare, print, and provide to CONTRACTOR all schedules, passes, tickets, and like materials required by Rosemead Transit operations. CONTRACTOR shall distribute -and disseminate such materials in accordance with the provisions_ of the AGREEMENT and any directions supplemental thereto provided by CITY. 2.6 Street Furnishings . CITY shall be responsible for the purchasing and maintenance -of all transit related street furnishings within the -CITY limits. CONTRACTOR and its' employees shall cooperate with. CITY by advising CITY of any such irregular conditions to street furnishings. observed during .Rosemead Transit operations. 2.7 Complaints and Comments CITY shall receive .all complaints and comments regarding Rosemead Transit services and enter them into the City's Citizen. Relationship .Management IC RM] system. Within one business day of receiving a complaint or comment, CITY shall email. a copy of the transcribed complaint or comment to CONTRACTOR for investigation as appropriate. CITY shall maintain a chronological record of all- complaints and comments received, the results of CONTRACTOR's investigation and any action taken to resolve the complaint. 2.6 Notifioatia.n: Potential Interference with Rosemead Transit Operations .CITY shall make a reasonable effort to notify CONTRACTOR ih advance of any road closures, detours, parades, or other events under CITY jurisdiction that may interfere with Rosemead Transit operations or require deviations from routes or schedules. CONTRACTOR and CITY shall mutually agree upon such deviations. SECTION 3: CONTRACTOR DUTIES AND RESPONSIBILITIES -OPERATIONS CONTRACTOR shall perform the duties and accept the responsibilities set forth below in connection with its operation of Rosemead Trai7sit. The omission of a duty or responsibility herein below shall not relieve CONTRACTOR of its obligation to perform such duty or accept such responsibility, so long as it is usual, customary, and ;generally accepted within the public transportation industry as being an integral element of operating public transportation system and services of a kind and character such as Rosemead Transit. City of Rosemead — Rosemead Transit 2015 Request For Proposals t -Ir 31 1 r 1 7 3.1 Oporations- General CONTRACTOR shall provide the necessary management, technical, and operating services for the operation of Rosemead Transit services .as specified by'the CITY, CONTRACTOR shall assist and cooperate with. CITY in meeting the objectives of providing quality transportation services. CONTRACTOR shall establish and maintain close liaison activities, coordination., and cooperation with CITY on matters relating to gperations, monitoring, reporting and service performance measurements. All staff, facilities, equipment (other than revenue vehicles), fuel,. supplies and services required for the operation and management -of Rosemead Transit shall be furnished by CONTRACTOR unless. CITY specifically identifies an element of equipment or aspect of service to be its responsibility, 3.2 - Operations 3.2.1 Dial.A-Ride The Rosemead Dial -A -Ride provides advance -reservation, curb4o-curb demand responsive transportation to senior residents of the city age .55 and above and- fndivid,uals with permanernt dlsabilitles as certified by CITY staff. Requests for service may be made up to -14 days in advance. of the service day or, for trips that are taken -on a regular basis at the same day and time each week, can be set upas subscription trips. Non -,emergency medical trips are .given priority and same day and immediate trip requests are accommodated if capacity is available. This: is. not an ADA complementary aratransit-service. Dial -A -Ride service operates the following days and hours. Weekdays (Monday —.Friday): 6:00 A.M. — 7:00 P.M, Weekends (Saturday and. Sunday):, 6:00. A,M. — 7:00 P.M. Holidays: 8:00 A.M. --'4:00. P,M, The Dial -A -Ride is to operate 365 days a year, with reduced operation -of' only one (1) vehicle on =these holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thahksgiving Day, and Christmas Day. The CITY reserves the right to direct the operation of reduced levels of service on unofficial holidays and during holiday periods. A maximum of two (2) ADA -compliant paratransit'vehicles are operated in Dial -A - Ride service at peak periods and the existing contract has specified the number of vehicles to be operated -on weekdays., weekends ,and holidays by time of day, The CONTRACTOR Will be responsible for managing and operating Rosemead Dial -A Ride services so as to achieve the CITY's performance goals for this service and is expected to manage the level of services plrovided to reflect actual trip demand City of Rosemead— Rosemead Transit 2015 Request For Proposals b`1 32 Dial -A Ride service is provided within the city and to destinations within 5 miles of the city limits and for medical appointments to the Kaiser Hospital facility in Baldwin Park and the Huntington Memorial Hospital area in Pasadena. See the current Rosemead Transit brochure for more DiakA-Ride information. The brochure can be downloaded from the City'smebsite at http:ll.www,.cityofrosemo.ad.org/index.aspx?pago=I 44 3.2.2 Operations. Fixed Route Services The Rosemead Explorer is a general public, community fixed route operating bi- directional service on a single route through the city. Rosemead Explorer services operate the following days and hours: Weekdays (Monday — Friday): 5:00 A.M. -- 8:00 P.M. Weekends (Saturday and Sunday): 10:0.0 A. M.- — 5:00 P.M. Two shuttle vehicles are to be operated during each of these periods. Service will be suspended on Christmas Day, Thanksgiving Day and New Year's Day. The current Rosemead Transit brochure can be downloaded from the -City's website at http:llwww.cityofrosemead.org/index.aspx?page=144. 3.2.3 Special Services In addition to regular Rosemead Transit operations, CONTRACTOR may from time to time upon receiving specific written authorization by CITY, provide special transportation services within the Los Angeles Urbanized Area using Rosemead Transit vehicles, provided that such special services are determined by CITY to 'be in the public. interest,, do not interfere with regular Rosemead Transit operations, and are in compliance with .app.licable federal and state statutes, CONTRACTOR shall be entitled to compensation beyond the established maximum obligation for such services .at the normal,ra#e per revenue vehicle hour specified in the AGREEMENT. - 3.3 Service Standards CONTRACTOR shall strive at all times to provide service in a manner that will increase system productivity while achieving or surpassing customer service expectations. Recognizing that the goals of productivity and customer service levels may _conflict, the following standards are intended to bereasonably attainable by .CONTRACTOR, fair to the customer, and consistent with CITY expectations, At the option of the CITY, CITY may enforce the penalties in for -substandard performance. Failure to enforce any penalty for any such substandard performance shall not serve to invalidate said criteria nor preclude feature enforcement of that penalty. CITY agrees that the incentives and penalties related to Criteria 1 and 2 — Service Productivity and Dial -A- Ride '0 n -Time Performance -- will not be enforced for the first 180 days of this Agreement - City of Rosemead -- Rosemead Transit 2075 •Request For Proposals b -'a 3,3 r CONTRACTOR and CITY shall periodically meet to evaluate performance of the system based upon these standards. If the standards are not fulfilling their intended purpose, they shall be adjOsted based upon recommendations made by CONTRACTOR with r concurrence and final decision .by CITY. Should it be found that CONTRACTO'R'S 1 performance has contributed to CONTRACTOR'S failure to achieve these standards, Rosemead Transit Service Standards PeTf0rmante Criteria SWridard Incentive Penalty 1. Service Productivity Dial -A -Ride: 2.4 Dial -A -Ride: $200 Dial-A=Ride; $200 per Passenger Trips per per month for each month'foreac/ Revenue Vehicle Hour 0.1 above 2.5 trJps/RVH V Rosemead Explorer; tdps/RVH 'Explorer, Explorer; $200 per '13.0 Passenger Trips Explore $200 per month if aug i2:5 or per Revenue Vehicle month if avg 14.0 or less Hour' higher 2. Dial -A -Ride On- $200 for each month $200 for each month Tirne Performance 95% or better that performance is that performance is 97°% or higher less.thah 95%a. 3. Dial A• -Ride: Failure $'I OD per incident of to Wait a minimum of 90 seconds after on- Zero (0) occurrences None failing to wait.at least time vehicle arrival. 90 seconds. 4., Dial -A -Ride: Missed Trip [Arrivat at pick-up location more than 60 Zero (0) occurrences None $100 per incident minuted after the scheduled time or not at ailj_ 5. Telephone Hold 90% of'all calls shall $100 per month th if Times be answered in less $200 for each month 70.1% to SD% all than 3 minutes that at least 95% of calls answered in,3 all -calls are min.; $200 if 70% or ADD% of all calls shall answered Within 3 less ariswerecl in 3 be answered in 5' minutes minutes' or less min 5. Vehicle Cleanliness$90.0 As defined in SOW None per day, per vehicle not clean G. Driver Uniform.As defined in SOW None $100 per incident 7. Monthly $200 for each month Management Report that reporting is Submission As defined in SOW None submifited late, -incomplete.or with incorrect data S. Customer No more than 3 per $100 for each verified Complaints None month complaint receiver over 3 in a month City of Rosemead — Rosemead Transit 2095 Request For Proposals D-1 34 AA ,'ri r r , CONTRACTOR -shall take all reasonable actions requested. by CITY to correct ' deficiencies. in performance. Should, deficiencies persist, CITY may take whatever additional action is necessitated by the circumstances and provided for in the . AGREEMENT of which this Scope of Work is a part. In the event that an incentive or penalty associated with a Performance Criteria is achieved or levied for six (6) consecutive months, the CITY may meet with the CONTRACTOR and adjust the incentive or penalty thresholds as appropriate to erasure the effectiveness of the criteria. 3.4 Operations Management CONTRACTOR shall provide operations management at a level and capability sufficient to oversee its functions and employees. CONTRACTOR'shall designate. and provide the services of.a full-time Project Manager, subject to the approval of the CITY, who shall provide overall management and supervision of Rosemead Transit under the terms of this AGREEMENT. It is .understood that; while full-time to this facility; the Project Manager may have other project management responsibilities in addition to Rosemead Transit and these are to be disclosed in CONTRACTOR'S proposal. The Project Manager must have a minimum of live years' experience in publictransportation operations and at least three years' supervisory experience in systems similar to Rosemead Transit. A bachelor's degree in a transportation or related field is preferred but not required, The Project Manager shall work cooperatively with CITY'S assigned transit; staff in matters relating to service quality, providing operational and other data as described in this Scope of Work, responding to comments from Rosemead Transit riders and the general public, and responding to specific requests for other assistance as the need arises. CONTRACT OR shall assure CITY that the. Project Manager designated for this project will not be replaced during the base term of this contract without the written consent of CITY. Should the services of the Project Manager become unavailable to CONTRACTOR, the resume and qualifications of the proposed replacement shall be submitted to CITY,for approval as soon as possible, but in no event later than five (5) working days prior to the departure of the incumbent Project Manager, unless CONTRACTOR is not provided with such notice by the departing employee. CITY shall respond to CONTRACTOR concerning acceptance of the candidate for replacement Project Manager. Should the position of Project Manager remain unfilled for a period of thirty (34) days or more, the CITY may deduct the Project in compensation from-CQNTRACTOR's payments. The CONTRACTOR shall further designate. one or more Operations Supervisor(s) to assist -the Project Manager in carrying out all activities relative to Rosemead Transit operations. qty of Rosemead — Rosemead Transit 2015 Request ForProposals. D -LD 35 The office of the Project Manager will be physically located at the facility designated by CONTRACTOR for management and operation of Rosemead Transit. During all times When Rosemead Transit services are in operation either the Project Manager or an Operations Supervisor designated to act for the Project Manager shall be available either by phone or in person at the CONTRACTOR's facility to make management and operational decisions regarding Rosemead Transit operations and provide coordination, As necessary, and shall be authorized to act ombehalf of. CONTRACTOR regarding :all matters pertaining to this •Scope. of Work. 3.5 Employee Selection and,Supervision CONTRACTOR shall 'be responsible for the. employment and supervision of .all employees. necessary to perform Rosemead Transit operations.Such responsibilities .shall include .employee recruitment, screening, selection, training,; supervision, employee relations, evaluation, retention and termination. CONTRACTOR shall use appropriate driver screening and selection criteria in. order to employ drivers. These criteria will include Department of Motor Vehicles license check and physical examination sufficient to meet all applicable requirements .for Rosemead Transit vehicle operations. CONTRACTOR shall develop, implement, and maintain an employee substance abuselaicohol abuse testing program for all employees ihti safoty-sensitive positions including personhef .engaged in the operation, maintenance and control of Rosemead Transit vehicles and equipment. Such program will meet all applicable federal requirements promulgated to implement the Omnibus Transportation Employee Test Act of 1991 and related supplements -and amendments, CONTRACTOR shall make.: all reasonable efforts to ensure that employees having contact withthe public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or a crime involving, moral turpitude before or during the time of hislher employment shall not be permitted to. continue operating Rosemead Transit services. CONTRACTOR shall be responsible to recruit a sufficient number of bilingual employees to ensure that the bilingual communications requirement under subsection 3.16, herein below; is met. CONTRACTOR shall at all times comply with applicable state and federal employment laws, including section 1735 of the California Labor Code Arid Title Vf of the Civil Rights Act of 1964, as amended. Nothing in this section shall be construed by either -CONTRACTOR .or CITY to be in conflict with the language and intent of Article 4, Independent CONTRACTOR, of the AGREEMENT. 36 City of Rosemead -- Rosemead Transit 2015 RoquestForProposals 3.6 Retention of Existing Employees Pursuant to Senate -Bill No. 158 (California Labor Code, Chapter 4.6, Section 1070 to Part 3 of Division. 2), CITY shall grant a ten percent (10%) bidding preference to any CONTRACTOR who agrees to retain, for a period of at least ninety (90) days, the. employees .of the previous CONTRACTOR. CONTRACTOR shall declare, as part of their proposal, whether or nottheirfirm shall retain the employees of the prior. CONTRACTOR fora period of at least ninety (90) days. CONTRACTOR shall ensure these transitioned employees will be utilized in similar positions and perform essentially same services as they did under the previous CONTRACTOR. "Employee" is defined as any person who works for a CONTRACTOR under the prior contract but does not - include executive, administrative, or'professional employees that are exemptfrom the payment of overtime compensation within the meaning of Subdivision (a) of Section 5.15 or any person who is not ah employee as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)). In accordance with Senate.Bill o. 155, the following obligations apply: A successor CONTRACTOR or subcontractor who agrees to .retain employees, pursuant to subdivision (a) [of Senate Bill No. 158] shall retain employees who have been employed by the prior CONTRACTOR or subcontractors, 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 the successor CONTRACTOR or subcontractor. If a successor CONTRACTOR determines that fewer employees are needed than under the prior contract, qualified employees shall be retained by seniority within the job classification. - In determining those employees who are qualified, the successor CONTRACTOR may require an employee.to possess any license that is required by law to :operate'the equipment that the employee shall operate as an employee of the successor CONTRACTOR, Nothing in this section requires the successor to pay the same wages or offer the same benefits provided by the prior CONTRACTOR. In accordance with the ,California Labor Code, the successful CONTRACTOR or subcontractor shall make a written offer of employment to each employee to be rehired. That offer shall state the time within which. the employee must accept that offer, but in no case less than ten (10) days. An employee who has not been offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor CONTRACTOR in any superior court having jurisdiction over the successor CONTRACTOR. The existing service CONTRACTOR shall make available the number of employees who are performing services under the service contract and the wage rates, 1 enefits, City of -Rosemead — Rosemead Transit 2015 Request For Proposals 10-11 ,37 and job classifications of those employees to CITY or to any entity that CITY identifies as a bona -fide CONTRACTOR. See Attachment C to the RFI'. 3.7 Training'of Drivers and Operations Personnel CONTRACTOR -shall develop, implement, and maintain a formal training and retraining program that shall be subject to review and approval by CITY. An outline of the training program, including periodic updates, shall be on file with the CITY. All drivers, dispatchers, telephone information personnel, and supervisors shall participate in the program. CONTRACTOR shall implement and maintain a specific training and retraining program for all- drivers. The program must provide a fixed minimum number of hours of training for new employees, including classroom instruction, behind the wheel training under supervision of a certified instructor, and in-service training. The program shall ,include, but .not necessarily be limited to, instruction covering applicable laws and regulations and defensive .driving practices, Rosemead Transit operating policies and procedure, employee work rules, vehicle safety inspection, equipment care and maintenance, customer relations and passenger conduct. Drivers shall be trained to operate all type vehicles, wheelchair lifts and lock systems,and other equipment that may be expected to use in the Rosemead Transit services to competency. All drivers shall be certified as having completed CONTRACTOR'S formal training course for new drivers or experienced drivers as approved by CITY, and be licensed with a valid California Class B operator's license with appropriate certification(s) and medical card. Drivers shall meet all applicable requirements as established by the California Highway Patrol (CHP). CONTRACTOR shall prepare and furnish to CITY prior to initiation of service an Employee Handbook. The Employee Handbook .will be' provided to all .. drivers, dispatchers, telephone operators, and supervisors and shall include, at a minimum, the following subject areas: driver's rules; accidentlincident policies; radio policies and procedures; farebox policies .and procedures; fog and inclement weather policy; vehicle inspection, care and maintenance policy and procedures, reporting procedures and pertinent sample forms. Dispatchers, telephone operators, supervisors, and any other personnel who may from time to time be assigned to provide telephone Information on the'Dia2 A -Ride telephone reservation lines shall be trained in customer relation skills, telephone manners, accidentlincident procedures, fares, Dial -A -Ride reservation' procedures, Access Services information numbers, and operating policies. Operations control personnel assigned to Dial -A -Ride trip scheduling and vehicle dispatching duties shall have a detailed knowledge. of applicable procedures and professional techniques. City of Rosemead — Rosemead Transit 2015 Request For Proposals b -l3 38: 18 Driver's Responsibilities Drivers will, when requested by CITY, hand out notices .to passengers or otherwise render assistance in CITY'S customer relations, promotion, monitoring, and supervisory functions. Drivers will be required to honor special passes; collect, cancel and/or validate passes and tickets as determined by CITY. Drivers. Will verify cash fares deposited in farebox, but will not handle money. Drivers will record ridership information in accordance with procedures approved by CITY. - Drivers shall have available at all times during operation of any vehicle'an accurate time. piece. The following _shall be minimum servi1 requirements and vehicle operator. responsibilities. Failure to.ar -out-these res onsibilitles shall 'result in a vehicle operator being prohibited from driving any: vehicle :covered by this contract, unless subsequently approved in writing by City. Contractor shall ensure vehicle operators shall: ' Appear neat, clean, well .groomed, and in an acceptable uniform; * Always be helpful and courteous to passengers; Operate the vehicle safely and leg ly; Assist elderly and physically impaired passengers in boarding and deboarding (Dial -A -Ride drivers); ' -in cases of emergency, shall immediately contact the Contractor for assistance; ■ Notify passengers. of stops and when transfers are required; ' Must allow any, passenger who requests to use. the passenger lift to board the vehicle to-do so without explaining or;ustif~ing'their request; Not allow animals in vehicle except service animals or small animals contained in an accepted transport cage, box .or carrier; ' Not 'deviate from route and schedule without City's permission; ' Notify City and Contractor in cases of emergencies or breakdowns; • Make sure themehicle stays on schedule but never ahead of schedule, ' Not smoke in the vehicle and enforce no smoking rules; Enforce Rosemead passenger rules,- -Not ules;-Not carry or make change; ' Not accept tips; ■ Not eat or drink aboard Rosemead vehicles; ' Not use any device that plays video, music or amplifies sound aboard Rosemead vehicles; City of Rasomead -- Rosemead Transit 2095 Request For Proposals b -►a 39 Not use cellular telephones; pagers, or other communications devices (including text messaging) while operating Rosemead vehicles; If a passenger becomes unruly after boarding and is not a threat to the vehicle operator may request that the passenger exit the vehicle. If the. passenger refuses to disembark, the drivermay contact dispatch for assistance; If a passenger becomes unruly after boarding and is a1hreat to the safety of the vehicle operator and/or passengers, the vehicle operator shall contact dispatch for emergency assistance, when it is safe to do so; and Take charge of a safety and security incident scene until the arrival of supervisory or emergency personnel; 3'.9 Removal of Employee from Project The City may require the immediate removal of any of Contractor's employees from Rosemead service for any reason, including, but not limited to, the following: • Committing unsafe or inappropriate acts While providing service; • Revocation, suspension, or non -renewal of a valid California driver's license; • Conviction of any felony criminal offense; e [lnacceptalile customer service as reported by customers, .other vehicle operators, or directly observed by City staff or its agents; • Non-compliance with City -specified appearance standards; or • Failure to comply with any criteria or standards in the: RFP. 3.10 Uniforms Drivers andother operating staff shall be in. uniform at all times while in service or otherwise on duty. CONTRACTOR shall provide driver uniforms to its employees. The design, type, and logo of the uniforms shall be subject to CITY'S approval. Drivers shall be required to maintain,a neat and clean appearance at all times while on duty. 3.11 Safety Program CONTRACTOR shall assume full responsibility for assuring that the safety of passengers; .operations personnel, and Rosemead Transit vehicles and equipment are maintained at the highest possible level throughout the term of this AGREEMENT. CONTRACTOR shall comply with all applicable FTA, CHP and .OSHA requirements. CONTRACTOR shall develop, implement, and maintain. in full compliance with California Law (SB 198) a formal safetyillrness and injury prevention program including periodic safety meetings, .participation in safety organizations, safety incentives offered by CONTRACTOR to drivers and other employees, and participation in risk City of Rosemead— Rosemead Transit 2015 Request For Proposals v-15 40 f r i,y � x � management activities under the auspices of CONTRACTOR'S - insurance carrier or other organization. CONTRACTOR shall provide a copy of said Safety Program, including evidence of compliance with 813-998, and subsequent program update to CITY. CONTRACTOR shall participate in the State of California Department of Motor Vehicles "Employer Pull Program" for appropriate monitoring of employer driver license activity. CONTRACTOR will require all drivers, control room personnel, vehicle maintenance mechanics, and supervisors to participate in -the safety program. 3.92 Road Supervision CONTRACTOR shall provide road supervision as necessary to monitor drivers and vehicles and assist drivers in revenue service. 3.13 Accident; Incident, and Complaint Procedures Prior to initiating services under this agreement, CONTRACTOR. shall develop, implement and ,maintain formal procedures, subject to CITY review and approval, for response to accidents, incidents, service interruptions, and complaints. Such occurrences to be addressed include, but are not necessarily limited to: vehicle accidents, passenger injuries, passenger disturbances, in-service. vehicle failures, lift failures of vehicles in service, and Rosemead Explorer and Diai A -Ride vehicles operating more than thirty (30) minutes. behind promised schedule. All traffic accidents involving transit system vehicles,. irrespective of injury, shall be reported to the Los Angeles County Sheriff or Highway Patrol, as appropriate. CONTRACTOR will advise such agency of the accident and request a police unit to investigate the accident. The CITY'°s Assistant City Manager or his designee shall be notified in person or by telephone within thirty (30) minutes of the occurrence of any accident or incident involving a Rosemead' Transit vehicle or service that requires emergency services andlor the transport for medical treatment of a passenger, a member of the public .or an employee of the CONTRACTOR. A written follow-up report shall be provided to the CITY within one (9) business day of such accident or incident. In the event of an accident or incident that results in properly damage or loss only, CONTRACTOR shall notify the, CITY in writing within 9 business day of the event and provide a written report within three (3) business days. 1 ' JAl Comments and Complaints regarding Rosemead Transit services shall be received by CITY, and recorded in the Citizen Relationship Management jCRNI] system which will transmita copy of the CRM report to the. CONTRACTOR within one business day of receipt. CONTRACTOR shall investigate all complaints and, within ten (90) business days of the initial report, enter a summary of the investigation's findings and the actions taken to resolve any valid issue into the CRM. .City of Rosemead — Rosemead Tmnsft 2015 Request For Proposals b -1b. 41 3014 Vehicle Scheduling and Dispatching CONTRACTOR shall utilize a systematic, organized and documented method to record, schedule and dispatch reservations -for Dial -A -Ride trips. The method should be capable of accommodating advanced reservations, subscriptions and requests for immediate service and of integrating all demand for service into efficient vehicle tours that maximize productivity and assure service quality to levels prescribed in this Scope of Work. Proposal shall provide a thorough description of CONTRACTOR's proposed reservations and scheduling system. CONTRACTOR shall provide an adequate number of trained and qualified persons to staff the Dial -A -Ride scheduling and system vehicle dispatching functions and satisfy the Service Standards defined herein [See Section 3.31. These staff shall also be responsible for maintaining radio control with all vehicles in service and for maintaining the daily'dispatch log in a format to be proposed by CONTRACTOR. 316 Vehicles and Equipment CONTRACTOR shall provide all vehicles (other than revenue vehicles) .and equipment necessary for the operation of the Rosemead Transit system, Prior to initiation of services under this agreement, CONTRACTOR shall procure or otherwise provide the following vehicles and associated equipment; 3. 5.1 Non-Revenue'Vehicles _CONTRACTOR shall provide all.non-•reven.ue vehicles deemed to be necessary for,the efficient operation and maintenance of the Rosemead Transit services, including but not limited to maintenance vehicles, on -street exchange vehicles and administrative vehicles. All costs associated with these non -revenue vehicles, including fuel, shall be the responsibility of the CONTRACTOR and specified'in the Cost 'Proposal. 3.15.2 Revenue Vehicles CONTRACTOR 'shall provide qualified maintenance staff to conduct the pre -delivery and acceptance .inspections of the CITY°s new Revenue Vehicles at the Creative ,Buss Sales facility in Chino., California. _Upon acceptance and delivery of said Revenue Vehicles, CONTRACTOR shall be responsible 'for- carrying -out the pre -service preparation of these vehicles, including installation of equipment specified herein, 3."15,3 Radios All vehicles used in Rosemead Transit service, including back-up vehicles, shall be equipped with two-way radios under central dispatch control. All mobile and base .radio equipment shall be provided, installed and maintained. by CONTRACTOR. CONTRACTOR shall provide City with a copy of the necessary radio license and will be responsible for proper radio procedures and for any actions or fines imposed by the FCC for improper use of the system, 42 City of Rosemead -• Rosemead Transit 2015 Request For Proposals D-47 3.15.4 On -Board Camera Systems CONTRACTOR shall provide,, install and maintain in all ROvenue Vehicles on -board camera systems with S cameras, audio, day/night operational capability and a GPS location capability 'equal to or better than the REI Buswatch OVR System. Additionally, two (2) replacement hard drive units will be provided. CITY shall be provided with any specialized software needed to view the' digital recordings and recordings. shall beretained for .a minimum period of 60 days before being recorded over. At the end of this contract, ownership of these systems shall be transferred to the CITY with no additional compensation. CITY sha[I provide CONTRACTOR with a placement diagram for installation of the. S cameras within each vehicle. 3.15.:5 Fareboxes All Revenue Vehicles used in Rosemead Transit service,, including back-up vehicles, shall be equipped with fareboxes equal to or better than Diamond Model D Fareboxes. CONTRACTOR shall supply two (2) vaults for each farebox. All fareboxes and vaults shall be provided, installed and maintained by CONTRACTOR, At the end of this contract, ownership of the fareboxes and vaults shall be transferred to the CITY with no additional .compensation. 3.76 Operations and Maintenance Facility CONTRACTOR shall be responsible for securing, establishing and maintaining a facility For -the operation, maintenance and administration of Rosemead Transit. With the approval of the CITY, such facility may be shared with operation of similar services for another client agency. At a minimum, the operations and maintenance facility shall have the following: • A location that .is located within the City of Rosemead or no more than five (5) miles outside tho city limits or which has been agreed to in writing by CITY. • An enclosed workspace sufficient to allow maintenance personnel to service at least three (3) Type C transit vehicles and be protected from the weather. • A paved shop floor capable of withstanding the weight of a Type C transit vehicle. • Adequate area to clean the.vehicles in accordance with the AGREEMENT. • Adequate -secured .storage area for tools, equipment and. parts. • A security -fenced, paved and lighted area for overnight vehicle parking with adequate space for all vehicles. • Adequate appropriately equipped space for administrative personnel, dispatching and :information staff, driver lounge or ready room, and training/safety meetings. • A furnished control room, including computer equipment, maps, scheduling/dispatch equipment, time clock, adequate desks, tables, chairs, and other equipment as m:ay be appropriate. City of Rosemead— Rosemead Transit 2015 RequesfForProposals D -lb 43 3017 Telephone Reservation and Information System CONTRACTOR shalt provide telephone equipment and all telephone information and dispatch personnel necessary to effectively respond to incoming calls at a qualify and level consistent with Rosemead Dial -A --Ride patron demand, and in strict accordance with the operating days and hours set forth herein, CONTRACTOR shall. make -special efforts to respond to telephone service and information requests from patrons who have hearing disabilities or.whose primary language is other than English. CONTRACTOR. will provide TDD equipment for communications with patrons who have hearing disabilities and will provide the capability to receive and accommodate telephone calls from'Gallers speaking ,Mandarin,, Cantonese, Spanish and,Vietnamese during all hours when Diel-A=Ride reservations may be made. An answering machine shall beavailable for recording trip cancellations for the- DialA-Ride service when the administrative and dispatch offices are c1'osed. CONTRACTOR will provide a telephone system using the current Rosemead Dial -A- Ride reservations number of (626) 572-4099 with a minimum of three lines. in rotary. A separate TDD .number will need to be provided by the CONTRACTOR, upon termination of the AGREEMENT of which this Scope of -Work is a part; CITY reserves the rights to these telephone numbers as indicated .above herein,. and CONTRACTOR agrees to transfer.said telephone numbers upon request. CONTRACTOR shall provide an automatic call director (ACD) unit which shall answer all telephone calls for Rosemead Transit, including Dial -A -Ride,. service request calls, calls to cancel Dial -A -Ride trips, and calls for information about Rosemead Transit services. If calls cannot be answered immediately, the ACD system shall hold the calls in a queue and cause the calls to be answered in the order in which they were received. Once answered by a -human, Rosemead Transit calls are not. to be terminated before the. call is completed or placed on hold without the explicit approval of the.caller. The ACD shall capture and allow for the reporting of data on telephone system performance, including, but not limited to, total calls received; total calls abandoned; average hold time, number of calls' by .length of time on hold and maximum hold time. CONTRACTOR shall provide ACD reports to the CITY monthly, 3.18 Fares; Fare Collection CITY shall establish all fares of any kind or character to be paid by Rosemead Transit patrons. CONTRACTOR shall ensure that each patron .pays the appropriate fare prior to being provided transportation service. All cash fares will be. paid by patrons in the exact amount due for their appropriate fare classification and .shall be deposited by patrons in fareboxes provided by CONTRACTOR with each vehicle. CONTRACTOR Will collector otheMise process in the manner directed, by CITY all non-cash fares (transfers, passes and like). All fares collected are the sole property of CITY. CONTRACTOR shall, in accordance with a 'procedure specified by CITY, account for revenues collected on Rosemead Transit. vbhicles and deposit such revenues' on a 44 City of Rosemead -- Rosemead Transit 2095 Request For Proposals 1 timely basis into a. local bank account approved by CITY for that purpose_ CITY reserves the right to audit fare revenue .collection and accounting at reasonable times without prior notification to CONTRACTOR. 3.19 Tickot Sales CiTY may elect to sell or provide tickets to Rosemead Transit patrons. CONTRACTOR shall collect, record, and deposit ticket sales according to -instructions of the CITY. 3.20 Books, )Records, and Reports 3.20.1 Record Retention and Audit CONTRACTOR shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for CITY under this AGREEMENT on file for at least three (3) years following the date of final payment to :the CONTRACTOR by CITY. Ani duly authorized represontative(s) of CITY shall have access to such records for the purpose of inspection, audit, and copying at reasonable times,. during CONTRACTOR'S usual and customary business hours. CONTRACTOR shall -provide proper facilities to CITY representative(s) and CITY shall be permitted to observe and inspect any or all of CONTRACTOR'S facilities and activities during CONTRACTOR'S usual and customary business hours for the purposes of evaluating and judging the nature and extent of CONTRACTOR'S compliance, with the provisions of this AGREEMENT. In such instances, CITY'S representative(s) shall not interfere with or disrupt such activities. 3.20.2 Required Operating and Performance Data CONTRACTOR shall collect, record, and report all operational data required by the CITY in a format approved by the CITY. Such data shall be collected and maintained by service type and Include, at a minimum: o passenger count data by fare category, o total vehicle .hours, o total vehicle miles, o revenue -vehicle hours, o revenue vehicle miles, o wheelchair boardings o Dial -A -Ride passenger no-shows and cancellations o on-time performance (Dial -A -Ride) o average telephone hold time o number of calls on hold 3, 5, and 10 minutes or more o passenger mile sampling data in accordance with a method approved by the FTA for NTD purposes_ City of Rosemead — Rosernead Transit 2096 Request For Proposals b -Z0 45 Information concerning vehicle activity, shall be collected daily on the Dia! A --Ride driver's log, fixed route drivers report,. dispatch log, and/or other forms as developed by CONTRACTOR and approved by CITY. The operations data shall be collected and complied daily, ,weekly, monthly, quarterly, and annually, and shall be recorded according to the. individual routes, modes. and total system. Individual totals shall be provided for peak -hour services,'weelcdays, Saturdays and Sundays, Daily logs, reports, farebox revenue 'records and summaries. shall be available, upon request; for CITY review at the operations facility by 3:00 PM on the next business day following data collection, 3.2x.3Repartinq Following the close of each calendar month, a Monthly Management Report shall be prepared by CONTRACTOR and submitted to the CITY no later than the 99th business day of the following month.. The Monthly Management: Report: hall provide City with a clear and concise summary of Rosemead Transit performance during the prior month. The City reserves the right to modify the Monthly Management Report at. any time, Quarterly, reports shall be compiled on a. yearto-datecumulative basis and shall be submitted within 30 days after the close of the each quarter. CONTRACTOR shall collect, record, and report to the CITY on a quarterly basis. all .accounting data for the .Rosemead Transit operation in accordance with the National Transit Database, Section 99243 of the California Publics Utilities. Code, and/or as specified by the Los Angeles County Metropolitan Transportation Commission -(Metro). All worksheets and detail information used to prepare these reports shall be available to CITY within one month. -after the close of the applicable quarter. 3,20.4° Creation of Approved hider Records All applications to become eligible to ride the Dial -A -Ride or to use .the Explorer service at no fare must be approved by the CITY. Approved applications are faxed to the CONTRACTOR's dispatch office and their receipt confirmed by phone. Once received, CONTRACTOR staff are required to enter the new rider data into the reservation' computer system within one O day of receipt, Staff shall note on each application thb date and time when entered into the computer and retain entered applications for a period of at least one year. 3.21 System promotion All development, preparation and production of advertlisirng andlor promotional activities with respect to Rosemead Transit shall be the responsibility of the CITY. CONTRACTOR shall, however,cooperate with CITY in any such activities initiated by the CITY by making available needed equipment, facilities, and reason levels of 46 City of Rosemead -- Rosemead Transit 2015 Request For Proposals U -XI „personnel assistance at no additional cost or expense to CITY: CONTRACTOR also shall dispense Rosemead Transit informational materials and publications, respond to patron requests for information, act as liaison and provider of information with and to community agencies and groups, and assist and support CITY'S advertising and public informational efforts. 3.22 System Recommendations CONTRACTOR shall continually monitor Rosemead Transit operations, facilities, and equipment; and shall, from time to time and as warranted, advise CITY and make recommendations to CITY based upon observed deficiencies and needed improvements, CITY shall retain all.authority, however, to make determinations and to take action on. such recommendations. 123 ADA Compliance In performance on this agreement, CONTRACTOR shall ensure compliance at all times 5 with the Provision of Service requirements of the Americans with Disabilities Act [37 CFR Subpart G, Sections 37.161 through 37.1671 including, but not limited to; n Maintenance .of accessible features; 0 Keeping vehicle lifts in operative condition; ” Lift and securement use; 0 Assisting individuals with disabilities in use of securement systems, ramps and lifts.; Permitting individuals Who do not use wheelchairs, including standees, to use a vehicle's Lift or ramp to enter the vehicle; Announcing of stops on fixed route buses; p Permitting service animals to accompany individuals with disabilities in vehicles and facilities;. Making available adequateinformation concerning transportation services in accessible. formats or technology; Not prohibiting an individual with a disability from traveling with. a. respirator or portable oxygen supply; Ensuring that adequate time is allowed for individuals with disabilities to complete boarding or disembarking from the vehicle;. and m _Adhering to the City's Reasonable Modification Policy. CONTRACTOR shall ensure that all employees operating Rosemead Transit services, administering the reservations, scheduling and dispatch, and maintaining the revenue vehicles are trained to competence as appropriate for their positions_ and responsibilities. City of Rosemead — Rosemead Transit 2015 Request For Proposals 04% 47 .3.24 Emergencies, Natu 'ral Disasters In the event of an emergency or natural' disaster, CONTRACTOR shall make available, to the maximum extent possible, transportation and communications services as directed by CITY. In the absence of direction froth the CITY; CONTRACTOR shall follow directions of appropriate law enforcemenilomergency management agencies. To the extent CITY requires CONTRACTOR to provide such emergency services, CONTRACTOR shall be relieved of the obligation to fulfill theAuties and responsibilities to operate Rosemead Transit as herein described. CONTRACTOR shall be reimbursed for documented and reasonable costs in excess of normal Rosemead Transit operating .costs. SECTION 4. CONTRACTOR DUTIES AND RESPONSIBILITIES: MAINTENANCE CONTRACTOR shall perform the duties and accept the responsibilities set: forth below in connection with the maintenance of Rosemead Transit vehicles and equipment. The omission of a duty or responsibility herein below shall not relieve CONTRACTOR of its obligation to perform such duty or accept' such responsibility, so long. as it is usual, customary and generally accepted within the public transportation industry as being an integral element of operating a public transportation system of a kind -and character sUbh as Rosemead Transit. CONTRACTOR'S duty and responsibility to maintain all vehicles and equipment shall not be delegated to any other person, firm or corporation without explicit written City approval. 4.1 Maintenance -- General CONTRACTOR shall be responsible for the maintenance of all vehicles; communication systems,.. on -hoard camera system, farebox system, and all .other equipment, furnishings; and accessories required in connection with its operation of Rosemead Transit in a clean, safe, sound, and operable condition at all times, and fully in accordance with any manufactured -recommended maintenance procedures and specifications, as well as with the applicable requirements of any federal .or state statute or regulation. In this regard, CONTRACTOR shall provide all labor, repairs;, parts, supplies, maintenance tools and equipment, lubricants, solvents, service facilifies and such other components, and services which .may be required to fulfill its maintenance responsibilities, at CONTRACTORS sole cost and expense. 4.2 Maintenance and -Operations Fa04 CONTRACTOR shall establish and maintain an. operations and maintenance. facility as detailed. in Section 3.15 herein. In addition to those requirements;. said facility shall, at a minimum, meet, the foilowing requirements to support the maintenance of Rosemead Transit vehicles: City of Rosemead Rosemead Transit 2095 Request For Proposals %)-23 4,9 � � I All tools and equipment necessary to perform periodic repairs and the preventive maintenance activities for gasoline powered vehicles. All tools and equipment necessary to perform periodic service and adjustments and make mechanical repairs. a Facilities and equipment necessary to clean the vehicles and equipment in accordance with the specifications. 4.3 Maintenance Management and Personnel 4,3.1 Maintenance Management' CONTRACTOR shall designate and provide the services .of a qualified Maintenance Manager, subject to the approval of CITY. This individual may be the lead mechanic and shall be assigned to Rosemead Transit maintenance operations on an acceptable fleet to mechanic ratio. The Maintenance Manager shall provide proactive resource management including but not limited to: preventive maintenance scheduling and supervision, repair supervision, technical training, and such other activities as may be necessary to ensure the performance of CONTRACTOR's maintenance dutiesand responsibilities. The Maintenance Manager shall have a minimum of three years' .experience managing and supervising the maintenance functions of a shop similar in size and complexity to the services herein described. The Maintenance Manager shall have a minimum of five years journeyman level experience with gasoline engines, air conditioning systems, wheelchair lifts,' and farebox systems_ This experience shall include work on vehicles similar to those used in the Rosemead services. Should the services of - the Maintenance Manager become unavailable to CONTRACTOR, the resume and qualifications .of the proposed replacement shall be submitted .to CITY for approval as soon as possible, but in no event later than five (5) working days prior to the departure of then incumbent Maintenance Managers unless CONTRACTOR is not provided with such notice by the departing employee, in which case said resume and qualifications will be .provided to CITY within v days of Manager's departure. CITY shall respond to CONTRACTOR within ;three (3) working_ days following receipt of these qualifications concerning acceptance of the candidate for replacement Maintenance Manager. 4.3.2 Maintenance Personnel In addition to the Maintenance Manager, CONTRACTOR shall hire and employee other maintenance and service personnel as necessary to properly maintain and service the Rosemead Transit vehicles. Maintenance personnel assigned to work on Rosemead Transit vehicles and equipment shall have the necessary skills to: City of Rosemead -- Rosernead Trarasi€ 2015 Request For Proposals b.Z4 49 m Conduct preventive maintenance inspections and complete associated paperwork; Inspect' vehicle engines, transmissions, and other mechanical, -electric, and electric parts and components; ® Diagnose vehicle engine, transmission, electrical and electric component system problems; and • Repair vehicle engines, transmissions, and other mechanical, electric, and electronic parts and components. 4.4 Preventive Maintenance CONTRACTOR shall document and submit a proactive preventive maintenance program for review and 'approval by CITY prior to the effective date of this AGREEMENT. As a minimum, CONTRACTOR'S preventive maintenance program shall adhere to the preventive maintenance schedules -and -standards of the industry, and shall be sufficient so as not to invalidate or lessen warranty coverage of any Rosemead Transit vehicle or associated equipment. Adherence to preventive maintenance schedules shall not be regarded as reasonable cause to defer maintenance in specific instances where CONTRACTOR'S employees observe that maintenance is needed in advance of scheduled maintenance. CONTRACTOR shall not defer maintenance for reasons of shortage of maintenance staff or operable vehicles, nor shall service be curtailed for the :purpose of performing maintenance without prior written consent of CITY. Preventive maintenance 'and running repairs shall receive first priority, in the use of CONTRACTOR'S maintenahce resources. 'CONTRACTOR shall adjust the work schedules of its employees -as necessary to meet all scheduled services and complete- preventive maintenance activities according to the schedule approved by CITY. 4.6 General Maintenance. Policies • All wheelchair lift -related equipment shall be inspected, serviced and- lubricated at intervals necessary to insure that the wheelchair lifts are .fully operational whenever the vehicle is used in revenue service. • Crake inspections and adjustments shall .be performed of intervals that insure the safe and efficient operation of the braking system. All components of the vehicle bodies, appurtenances, and frames shall be maintained in a safe, sound and undamaged condition .at all times. Damage (including body, glass, and all appurtenances) shall be repaired in a professional manner within three weeks (21 calendar days) of occurrences. All mechanical, electrical, fluid; air, and/or hydraullc systems rshall be maintained ij a safe and fully functional, as designed, condition at all times. • The interior passenger compartment shall be free of eXhaust'fumes from the engine, engine compartment, and exhaust system cif the vehicle. Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to insure that the passenger compartment temperature is comfortably 50 City of Rosemead -- Rosemead Transit 2015 Request For Proposals maintained under all climatic .conditions at all times on all in-service hours. CONTRACTOR shall maintain the A1C systems in an operable condition throughout the entire year. All parts, materials, tires, lubricants, fluids, oils and procedures used .by CONTRACTOR on all Rosemead Transit vehicles and equipment shall meet or exceed OEM Specifications and requirements. 4.6 Daily Vehicle Servicing. CQNTRACTQR shall perform daily vehicle servicing to all Rosemead Transit vehicles and equipment used in revenue service. For purposes of this AGREEMENT, daily servicing shall.include„'but not be limited to.- * o: o Fueling o Engine oil, coolant, water and transmission fluid checkladd, Farebox check Wheelchair Lift check. • Brake check • Light and Flasher check • Interior sweeping and dusting • Exterior and interior visual inspection • Check all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention. CONTRACTOR shall develop, implement, and maintain a writien checklist of items including in the daily servicing of each vehicle. The checklist shall be utilized and kept on file for CITY and California Highway Patrol review. This checklist requirement may incorporate or.supplement CHP required driver's pre -trip safety inspections, 4.7 Daily Drivers Inspection 13 CCR 1234 lists the records required by regulation to be. kept by motor vehicle carriers. Section 1234, 13 CCR reads, in part: (e) Daily Vehicle. Inspection Reports: Motor carriers shall require drivers to submit a documented daily vehicle inspection report pursuant to section 121.5(b). Reports shall be carefully examined, defects shall be corrected before the vehicle is driven on the highway, and carriers shall retain such reports for .at least one month. 13 CCR 1215 (a) reads: "Prior to operation, the driver shall inspect each vehicle. daily to ascertain that it is in safe condition, it is equipped as required by all provisions of law, and all equipment is in good working order.” The requirement. to perform a daily pre -trip inspection applies to all drivers of all vehicles listed in 34500 GVG, without exception. There is no legal provisions for this task to be delegated to someone. other than -the driver, such as to a mechanic who may arrive at work early to start all of the. vehicles and "check them out". City of Rosemead — Rosemead Transit 2015 Request For Proposals 0 -fid® 5? The Drivers Daily Vehicle Inspection Report is not required to be submitted or otherwise documented until the end of the driver's work period, This isso that any defects that become apparent during the course of the work period can be included _in the report. This report is -required whether or not any defects are found. 4.8 Vehicle Cleaning CONTRACTOR shall maintain Rosemead Transit vehicles in a clean and neat condition atall times. The interior of all vehicles shall be kept free of litter and debris to themaximum practicable extent throughout the operating day. Vehicles shal[..be swept and dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as necessary. The interiors of all vehicles .shall be thoroughly 'washed at least once. per week, including all windows, seats, floor, stanchions .and grab rails.. All foreign matter such'as gum, grease 4nd dirt shall he removed from -interior surfaces during the interior cleaning process. Any damage to seat upholstery and graffiti shall be repaired/ removed immediately upon discovery. Ceilings and walls shall be- thoroughly cleaned at least once per month, or more often as necessary. Exteriors of all Rosemead Transit vehicles shall be washed as required to au intain a clean, inviting appearance and in no event. less than once per week. Exterior washing shall include Vehicle body, all windows and wheels. Rubber or vinyl exterior components such as tires, burnper fascia, fender skirts and door edge guards. shall be cleaned. and treated with a preservative at least once per month, or as necessary to maintain an attractive appearance. Vehicles shall be kept frae of vermin and insects at all times. CONTRACTOR shall exterminate all vermin and insects from all veFiicles immediately upon their discovery, utilizing safe and non -hazardous materials. CONTRACTOR shall perforrri complete vehicle detailing on each vehicle, twice per year on a schedule approved by the CITY. Detailing shall include, at a. minimum:. the cleaning. of all 'iriterior surfaces using an appropriate cleaner and treatment using an appropriate protectant; cleaning of the vehicle exterior followed by the application of an appropriate. polish and wax; and cleaning, polishing: and treatment of 81I.Wheels, rims .and tires. CONTRACTOR shall use the following "detailing materials. or equivalent: Exterior: Polish: 3M Machine Polish Wax: Auto Magic Banana Wax Windows: Spot Off heavy duty water stain remover Interior Seat Cleaning: Citrus Salt Cherry Scent CONTRACTOR shall schedule vehicle detailing in a manner that does not adversely affect the Rosemead Transit services. City of Rosemead— Rosemead Transit 2095 Request For Proposals t>�217 52 i 4.9 Pinel CONTRACTOR shall purchase fuel required for the operation of all Rosemead Transit vehicles utilizing a system that accurately records purchase of all fuel by CONTRACTOR for billing purposes and that will allow CITY to reconcile all fuel transactions by date and vehicle number. CONTRACTOR shall be responsible, on behalf of CITY for its Rosemead Transit operation, to obtain state and federal tax exemptions applicable to the purchase and consumption of fuel for use in public transit vehicles, In this regard, CONTRACTOR shall obtain required permits and administer fuel transactions in a manner that fully complies with all applicable state and federal requirements.. CONTRACTOR sha[l maintain accurate records of all fuel utilized for fueling Rosemead Transit revenue vehicles,. On a monthly basis, CONTRACTOR shall. invoice C[TY'for the documented cost of fuel used in the operation of. Rosemead Transit and provide a monthly report to CITY detailing gallons dispensed and miles per gallon for each Rosemead Transit vehicle for the previous month and for the year to date. 4.10 Vehicle Towing In the event :that towing of any Rosemead Transit vehicle is required due to mechanical failure or .damage, CONTRACTOR shall be responsible to provide such towing at CONTRACTOR'S sole expense. 4.11 Emissions. Control -Programs CONTRACTOR shall perform and certify such tests of equipment required to meet CITY, other local, State, and Federal requirements related to exhaust smoke and engine emissions. CONTRACTOR -shall.. be responsible to maintain any applicable California, Ai.r Resources. Board. (ARB) Voluntary Compliance Program objectives subject to Rosemead Transit operations. CONTRACTOR shall be responsible for administration of a Smog Check program for Rosemead. Transit vehicles. CONTRACTOR shall be responsible for emissions tasting, and shall further -be responsible to conduct repairs as required to meet emissions standards. 4,12 Maintenance Evaluations CONTRACTOR shall allow CITY to access to CONTRACTOR'S facilities and records to monitor CONTRACTOR'S maintenance performance, as CITY deems necessary. CITY may perform regular, unannounced maintenance inspections of vehicles and equipment maintained by CONTRACTOR that are used in this project using both CITY personnel City of Rosemead — Rosemead Transit 2015 Request For Proposals, t)aZ18 :3 and independent consultants. to assist in determining CONTRACTOR'S maintenance performance. CITY shall be permitted to view and copy any vehicle maintenance records, inspect vehicles and equipment, and request CONTRACTOR ,personnel to drive vehicles as is necessary to evaluate the condition of vehicles and equipment used in the performance of this AGREEMENT. _4.13 out -of -Service Designation A vehicle shall be designated as unfit for revenue service if; upon inspection, any of file following conditions are found: ® Brakes out of adjustment m Loose steering components ® Wheelchair lift and related equipment not functioning properly n Air conditioner unable to maintain a temperature 20 degrees F lower than ambient 72 degrees F * Heating -or defrosting inoperable • `'Missed" Preventive .Maintenance Inspection Tires with tread depth of less than 2132" ® Failure to clean each vehicle as�outlined above Failure to repair vehicle body damage within twenty-one days of'the date damage occurred. Inoperable Emergency. ExitslDoorslWindows • Inoperable two-way radio • Inoperable farebox • Failure to achieve a satisfactory rating in any category of the annual California- Highway aliforniaHighway Patrol Safety Compliance report.{CHP 343} • Removal from roadworthy status by CHP of'any'vehicle used under this .AGREEMENT • Any condition not in compliance with ADA Any condition- not in compliance with applicable Federal or State Regulations Vehicles -shall continue to have the Out- of Service Designation until 'it is brought 'into compliance, subject to approval by CITY. CONTRACTOR shall not be paid for hours operated in Rosemead Transit revenue service by vehicles that are _in an. Out. of Service condition. CITY may, atits sole discretion, correct any unresolved Out of Service condition,, and withhold the costs related to such correction{s} from payment to the CONTRACTOR. 4,14 Maintenance Records and Reports CONTRACTOR shall prepare, maintain, make available to CITY,. and reduce to written form, records and data relative to Rosemead ' Transit vehicles and e:quiprrient maintenance. Maintenance records, shall be maintained on all vehicles indicating all warranty work; preventive maintenance, and repairs performed on each vehicle. All 54 City of Rosemead— Rosemead Tr 170 2015 Requesf!"orProposals b -x1 I r � such records and reports shall be prepared and maintained in such a manner ,so as to fulfillY any' applicable state or federal requirements, as well as any needs of CITY to enable it to accurately evaluate CONTRACTOR'S maintenance performance and the operating expense associated with various vehicles and equipment, Records of all maintenance and inspections shall be made available to CITY, the CHP andlor.such other regulatory agencies with jurisdiction when requested. CITY maintains the right to inspect,. examine and test, at any reasonable time, any vehicles used in performance of. this AGREEMENT and any' equipment used in the performance of maintenance work in order to ensure compliance with this AGREEMENT. Such inspection shall not relieve the CONTRACTOR of the obligation to continually monitor the condition of all vehicles and to identify and correct all substandard or unsafe conditions immediately upon discovery. CONTRACTOR shall transport. any or all vehicles and equipment to any required inspection facilities whan requested. In the event that the CONTRACTOR is instructed by CITY or any other regulatory agency toxemove any equipment from service due to mechanical reasons, CONTRACTOR shall make any and .all specified corrections and repairs to the equipment and resubmit the equipment for inspection and testing before it is again placed in service. CONTRACTOR shall prepare maintenance records and reports in a form and according to a schedule approved by CITY. Such records and reports shall include, but not�be limited to, the following; • Daily vehicle inspection and servicing checklist s Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed o Road call reports, or work order, for each road call identifying date and time,; vehicle number, problem and mileage of vehicle. e Montl my vehicle summary to be included as part of the Monthly Management Report, listing, at a minlmum, the operation status of each vehicle, vehicle mileage; vehicle mileage since last preventive maintenance inspection, vehicle fuel and lubricants consumption, vehicle road calls and maintenance or repair work done during that month.. • Semi-annual fleet summary listing each vehicle; vehicle mileage; vehicle year-to- date total miles; vehicle year-to-date fuel consuQnption and miles per gallon; vehicle year-to-date maintenance costs and cost per mile; route service total road calls and miles per road call; CONTRACTOR'S summary of maintenance problems, particularly components with high incidences of in-service failures, and steps taken or recommendations to reduce. such problems and in-service failures. CONTRACTOR shall submit to CITY copies of the California Highway Patrol (CHI') Annual Safety Compliance Report (CHP 343) and Vehicle Inspection Reports (CHP 343a) within one (1) business day of the conclusion of any such CHP inspection. CONTRACTOR shall attain satisfactory rating in' each category of the Safety City of Rosemead Rosemead Transit 2095 Request For Proposals D-30 '55 Compliance Report (maintenance records, driver records, regulated equipment and terminal). CONTRACTOR shall expeditiously correct any deficiencies noted on any CHP vehicle inspection report. Receipt of an unsatisfactory rating on a CHP terminal inspection may constitute grounds for sanctions by the CITY, up to and including contract termination, 4.16 Vehicle Maintenance Record Keeping CONTRACTOR shall maintain an up-to-date vehicle file for each vehicle containing, at a minimum, the following information: Make • Mod6l a Serial number/ fleet number • License number Date received Date placed in service Life miles. • Major vehicle repairs • Preventive Maintenance Inspection Reports • Daily "Vehicle Condition" Reports • Work Orders The ".Preventive Maintenance Inspection" Reports shall be kept for two .years. Daily "Vehicle. Condition" Reports shall be kept for the period requited by the CHP.. Copies of the "Preventive Maintenance Inspection" Reports shall be made available to CITY upon request. Including, all work accomplished with the manufacturer's instructions and warranty conditions, and daily "Vehicle Condition" Reports. CONTRACTOR shall submit the entire vehicle 'File to the CITY upon request and upon expiration or termination of this agreement. , 4.16 Environmental Compliance For the purposes of this Section: "Applicable Environmental Laws" means any and all laws concerning the protection of human health and the environment'whfch include, butwifl not be limited to, the Comprehensive Environmental Response, Compensation and Liabiiity,Act, 42 U.S.C. §§ 9601 et sM.; 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 se .; the Clean: Air Act, 42 U.S.C. §§ 7401 et seg.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1471 et M,; the Toxic Substances Control Act, 15 U.S,C. §§ 2601 through 2629; and the Safe Drinking Water Act, 42 U.S.C. §§ City of Rosemead -- Rosemead Transit 2095 .Request For Proposals 0.31 56 300f througfi 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. "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, corrosivity or any other reasons, In- performing its maintenance obligations under this Contract, CONTRACTOR shall be responsible for. the proper storage, handling, use, transportation and disposalof all Hazardous Substances in accordance with Applicable Environmental Laws, including without limitation, all lubricants, solvents, motor oil and other pettoleum products. CONTRACTOR shall only dispose of such materials at facilities which are permitted or licensed in accordance with Applicable Environmental Laws. Furthermore, in the event that 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 itSL employees and any subcontractors who handle Hazardous Substances and shall retain records regarding compliance with the responsibilities contained herein. City of Rosemead — Rosemead Transit 2015 Request For Proposals t>`31 57 NOTICE TO ALL BIDDERS: This Addendum is attached to and made part of the above entitled specifications from the City of Rosemead. Each Proposer shall acknowledge receipt of this addendum in their submitted proposal. CHANGES TO UP.SPECIFICATIONS 1. RFP Section If. F.'Reguired Submittal Information, second paragraph is revised to read: - Please note that proposals are limited to a total of seventy-five (75) single -sided, letter -sized sheets using a typeface no smaller than 11 oint. The seven -five (75) papas shall include 'all text pages tabfes,_figures, exhibits, divider and cover pages, but _shall not include required proposal forms, appendices and attachments to the proposal. Fr'oposers are warned against _placing material information in appendides and/or attachments. 2. Section 3.14 Vehicle Scheduling and Dispatching, second paragraph is revised to read: CONTRACTOR shall provide.an adequate number of trained and' qualified persons.to staff the Dial -A -Ride scheduling and system vehicle dispatching functions and satisfy the Service Standards defined herein [See Section 3.31, These staff:shall also be responsible for maintaining radio control with all vehicles in service and. for maintaining the daily. dispatch log in a format to be proposed by CONTRACTOR. Dispatch shall be staffed to answer telephones and monitor radio traffic at all times that Rosemead Transit vehicles are in service. 3. Section 3.5, Employee Selection and Supervision, fifth paragraph, is revised to read: CONTRACTOR shall be ,responsible to recruit a sufficient number of bilingual employees to ensure that the bilingual communications requirement under subsection 3.. 1 7, herein below, is met. 4. Contract Section 3.3.5, Prevailing Wage, is hereby deleted. City of.Rosemead, RFP for Management and Operation of the Rosemead Transit System Addendum No..I D-33 Page I Except for the changes noted above, all other requirements and specifications in this Request For Proposals remain unchanged. Matt Hawkesworth Assistant City Manager Issued dune 4, 2015 RESPONSE TO. SUBMITTED QUESTIONS Q1. Can you please provide the historical liquidated damages assessed against the current contractor for 2013- and .2014? Response: While similar liquidated damages standards were included in the current contract, those standards were not levied. Q2. Please confirm that the city of Rosemead pays for all revenue vehicle license and registration fees. Response: The new. City -provided vehicles will carry Exempt plates, so there will be no license or registration fees. Q3. Please provide the type of current fare box and vault system used on the vehicles. Response, The- current contractor has provided Diamond Model SV fareboxes. Q4. Can you please provide the price pages in excel format? Response: The Cost Proposal is available in Microsoft Excel on the City Clerk's webpage at http:llwww.cityofrosemead.org/fndex,aspx?page=278 All other required forms are also posted in Microsoft Word at this same location. Q5. Can you provide ,any call center data that specifically outlines how many non- English speaking calls are taken per month? • - Response: There is no call log maintained of rion-English speaking callers. Q5: To accurately price the video camera system, could you please provide the document referenced in section 3.15.4 of ,the rfp that states. "CITY shall provide CONTRACTOR with a placement diagram for installation of the 8 cameras within each vehicle." Response: The Camera Position diagram is posted on the City's website at http:[/.w,ww.cityofroseme.ad.org/index.aspx?page=278 Q7. Please provide all required forms electronically that are to be submitted with the Rosemead Bid., Response: See response to Qx.4 above. City of Rosemead, RFP for Management and Rage 2 Operation of the Rosemead Transit System Addendum No. v-34 Q8. The City is providing a total of 5 vehicles for revenue service. Is the .contractor responsible to provide spate vehicles? Response: As specified in the RFP on p.4and, again, on pp.32-33, two vehicles will be operated in the Rosemead Dial"A-Ride and two in the Rosemead. Explorer .service at peak times. The fifth vehicle will serve as the spare vehicle for both_ services. If the Contractor wishes to do on -street shift changes, an administrative vehicle may be required, which would be the. Contractor's responsibility. Q9. On Board Camera Systems - It states that 2 replacement hard drive units will be provided. Is this intended as the Contractor will provide these units. or the City will? Response: Provision of the On -Board Camera Systems -- including the two (2) replacement hard drive units -- is a Contractor responsibility. See RFP p. 4& Q10. Please provide 2 weeks of DAR manifest and/or scheduling reports that show all trips perforn ed by. date, scheduled time, actual time, number of passengers, use of wheelchair lift, etc. Response: Please see the documents titled "Manifast Attach merit. 1 — 4" on the City Clerk's website, Q11, Would the City consider increasing the proposal page limit to seventy-five pages? Would the City.consider excluding exhibits, dividers and cover pages from the#otal page count? The fifty (50) pages shall include all text pages, tables, figures; exhibits, divider (tabs) and cover pages, but shall not include required proposal forms, appendices and attachments to the proposal. Proposers are warner[ against placing material information in appendices and/or attachments, Response: Please see Amendment 1 above. Q12. Would the City consider deleting "volunteers" from the list of covered by insurance or subject to indemnification? Response: No, volunteers must be included in the indemnification as many of the City'Sr interns are volunteers. Q13. DAR- Reservations - Are there specific hours passengers can make reservations for Dial -A -Ride or are reservations possible during any hour DAR is operating? Response: See Amendment 2 above. Q14. Will'the Price Evaluation be. based on Year I or the base three years? Response: The analysis of proposed costs Will consider the Base Term of three years as well as the full potential term of five years, Q15, For fixed route service, please clarify if billable time continues past scheduled hours on the .last trip due to exterior factors (traffic; weather, incidents, etc.). Response: Asspecified in Section IV, Cost Proposal, variable-rate compensation will be paid on the basis of revenue vehicle hours as defined in Section V,..Sco e City of Rosemead, RFP for Management and Page -3 Operation of the Rosemead Transit System Addendum No. 9 tr3S of Wont, pp. 29-30. If a vehicle does not complete the last scheduled run until after its scheduled time due, for example, too-trafic conditions, that additional `time. would be included in the computation of revenue vehicle hours according to the cited definition, and would therefore be billable, Q'16. On -Time Performance -- Is sampling accepted or 100% of trips? Is a pickup before the window still considered on-time? Response: Pn -time performance may be based on a sampling plan if approved by the City.. A pial -A -Ride pickup before the window -- that is, more than 15 minutes before the scheduled pickup time — will not be considered -On-Time. See definition of On -Time Pickup .[p.29]. Q17, Please confii m the City will supply a total of five (5) new buses for revenue service and spares. Response: Yes_ Q18, Would the City consider adding language to this section (Service Standards) that the City must notify the Contractor within a certain 'time frame of any alleged defaults or otherwise they will be waived? The Contractor should have an opportunity to review and address any penalty assessed in the current couple. months so that they can address the issue and make .changes that could prevent further service challenges. Response: No, the City will not add the requested language. The City and Contractor will meet on a regular basis, usually monthly, to review service performance, including Contractor's performance against the specified Service Standards. Contractor shall have a reasonable opportunity to review any potential assessments and document any extenuating circumstances, Q19. What is the current level of productivity for each of the services? If available, please provide for weekday, Sat and Sun by service. Response: See Operating Data provided in Attachment B. Also Monthly Operations Reports poster! to City's Clerk's website at hftp:llw.ww,cityofrosemead.org/index.aspx?p-age=278 Q20. Itwas noted that LD's have not been issued in the past, but will be with the new contract. Are there service issueslchallenges that require the need to implement RD's? Were the L.Us in the. current contract yet not assessed? Response: Service Standards have been included in the contract for these s.orvices throughout the presont-term, but were not levied as a management . decision. With management changes, the Service Standards have been refined and will be monitored and levied to ensure the desired level of performance. Q21. Please provide 12 months of statistics for each of the Standards listed in the chart on page -34 Response: This data is not available. Note that Criteria I and 2 will not be enforced for the initial 480 days of this Agreement. City of Rosemead, RFP for Management and Page 4 ,dperatlon of the Rosemead Transit System Addendum No. 9 0.34 Q22. RFP references a"bilingual communications requirement under subsection 3.16 but there does not appear to be a. requirement in the noted section. Could the City please provide guidance as to the requirement and what'the two languages should be? Response: See amendment 3 herein. RFP Section 3.11, second paragraph, specifies that "Contractor -shall make special efforts to respond to -telephone service and infortfiAtion requests from patrons ...whose primary language.is other than English." Under Re uired Qualifications of'Contra or, item "I" requires Contractors to detail the languages that the CON_ TRACTOR's reservationsldispatch center staff will be able to immediately support and how callers using other languages will be accommodated and how quickly such language services will be able to respond." 023. Road Supervision - The 1070 information provided on page.85 does not list a Road Supervisor. How is road supervision currently provided? Response: Road supervision is handled by a field. supervisor who assists the Dial -A -Ride and Explorer drivers with any issues in the field. Q24, What Scheduling & Dispatch system is used by the current operating. contractor? Response: 'Trapeze. 025. What are the current inspection dates the Contractor needs to ]lave an inspector at the plant? What is the current delivery schedule for the buses to Rosemead? Response. The vehicles are presently expected to be completed for delivery on or about September 1, 2015, which suggests that in -plant inspections will be needed in mid-August, The exact dates for pre -delivery inspections by the selected Contractor are not yet known and will be coordinated between the City, Creative Bus Sales and the selected Contractor. Q26. ACD Keports - Please provide ACD reports showing current call volume, broken .down by weekday, Saturday and Sunday to include hourly levels if possible. Resoonse: This data is not presently available. Q27. Please clarify any specifics required relating to phone and data lines needed. Number of lines, data line type'(Cable, T-1, TDD, etc,). Response: See 3.47, Telephone Reservations and information System, where. the second paragraph specifies ".,.a minimum of three lines in rotary." The City has no specific requirements for data lines.. Q28a How are current calls handled for passengers using the listed languages in this section and can you. provide any numbers or volume of calls for each of the languages? Response: The present Contractor utilizes a third party language line. They perform a 3 -way conference call with the passenger. The agent contacts. the number for interpreters, provides access code and connects the tail between passenger and interpreter. City of Rosemead, RFP for Management and Page 5 Operation of the Rosemead Transit System Addendum No. I , X37 Q29, Please confirm the Contractor is not responsible for determining eligibility to ride the Dial -A -Ride. Does HIPPA apply to the Dial -A -Ride hiders? Would the Contractor be receiving private health information regarding the riders? Would the Contractor be required to sign a Business Associate Agreement? Response: The City, is responsible for determining all eligibilities with regard to Rosemead Transit services. The Contractor will not receive any information to which HiPPA requirements apply. Q30. Rider Authorization - Will the current list of eligible riders be provided to the new contractor in a useable computer file, or will the new contractor have to enter all current eligible passengers into their system by hand? Response: The client files are presently maintained in the Trapeze .database. Q31. Will the City pay for all licensing and permitting of the revenue vehicles? To confirm, the Contractor will be required to pay for all smog checks when required for vehicle. registration? Response: See response to Qk 2, The Contractor will be ,responsible for all costs related to smog checks. 032. Vllould the City consider language providing for mutual termination for convenience in the event contract conditions become unfavorable for either party, and provide a longer notice period -(Le.,. 60 days' written notice)? Currently the City can terminate for convenience with only 7 days' notice and Contractor can only terminate for ca use. Response: Regarding section 3.5,1,1., the City will not change the included language at this time. This clause could be negotiated to allow the City sufficient time to secure another operator. Q33. Prevailing wages (Contract Section 3,3.5)- please provide the current'prevailing rates of per diem.wages' that apply to this -contract and that are already provided by the current contractor. is this contract considered a'public works' project and if not, can this section be removed from the contract? Respanpe: This clause is deleted by amendment 4 herein. Q34, To ensure proper notification to all parties, would the City modify the termination for converiierice language to allow for a minimum of thirty (30) day notice period? Response: See response to Qx.32. Q35, Please include language in the Indemnification section that.would maintain the following: '..,except for such loss or damage arising from City's, its officials, officers, employees, volunteers and agents negligence or willful misconduct! Response: The City may be :amenable to modifying this language. This. maybe discussed during negotiations. City of Rosemead, RFP for Management and Operation of the Rosemead Transit System Addendum No. ? A-SIN Page 6 Q36. Please provide the percentage of time each of the employees listed on the 1070 form are dedicated to supporting/operating. the Rosemead service? Are the Accounting, Dispatch, Reservations, Mechanic and Utility person all TOM dedicated to Rosemead and their costs included in the current contractors rate? Response: This information is proprietary and not available to the City. Q37. Please provide a seniority date for each of the positionsiemployees. listed to indicate their length of employment on this contract and/or with the current contractor. Response: Pursuant to Labor Code Section 1070, the seniority list will be provided to the selected Contractor after their selection, not at this stage in the procurement. Q38, Are the current driven/employees'part of a labor union? if yes, please provide a. copy of the -current labor agreement and the contact name and number for the union representative. Response: The present employees are not represented bya union. 039. Please provide the current rates paid to the existing contractor for variable. and fixed costs. Also, please indicate the total amount paid td the contractor for the last fiscal year. Response: The current Contractor rates are shown -iri the invoice included in the Contractor's Monthly Operations Reports for LFebruary,. March=and April 2045, which are available on the City Clerk's website at http'ilwww.cityofrosemead.org/fndex.aspx?p-age=278 The -total compensation paid to the Contractor during the 201.3-2014 year was $ $994,578.88. 0140. How many years has the existing contractor held this contract including extensions? Response: 7 years, since 2005. Q41. Please provide copies of the last three months of.management reports from the Contractor. Response: These have been posted to the City Clerk's website.at http://www.cityofrosemead.org/index.aspx?page=278 042. Please provide copies of the last three months of invoices from the Contractor. Response: These are included in eachs month's Montfily Operations'Report, 043. Please provide a copy of the current contract for these services: Response: The current contract, including any amendments, has been scanned and posted to the City Clerk's website at http://www.cityofrosemead.org/index,aspx?page=278 Citic of Rosemead, RFP.for Management and Operation of the Rosemead Transit System Addendum No. 7 D-19 Page 7 Q44. At various times, state, federal., and local' governments change laws, rules and regulations which require a company to increase the wages or benefits for the employees that will be .employed .under this. contract or effect other operational costs. If such an event occurs during the term of the agreement, how will .the agency. respond for a request for increased compensation? For example, the City. of Los Angeles recently voted to increase minimum wage over the next several years to $15.00. per hour by 2020. Since these events cannot be anticipated and the costs are so significant, we need to anderstand'the risk associated with such laws; rules or regu[ations. Response: Should such a change occur that is outside the Contractor's control, the -Contractor may request to renegotiate the terms of the agreement with the City. The City, however, cannot commit to accommodating such a request. Q45.. Would the City consider- including a force majeure clause in the final contract to include the following items: any incidence of fire, flood, acts of'God; labor. shortages, strikes; commandeering of material, products, or facilities by the federal, state or local government; national fuel shortage? Response: Yes, this is reasonable and can be discussed during `negotiations. Q46. Please supply a;copy of all related monthly reports provided by Southland for the past,twelve (12) months including, but not Jimited to Operational, safety, and maintenance reports billing invoices, key performance indicators, missed trips, Late trips, OT'P, passengers per revenue hour (PPRH), road calls and liquidated damages. Response: The City.has scanned and posted the Iast 3 Monthly Operating Reports to the City C[erk's website at h ftp://www.cityofrosemead.orglindex.aspx?page=27$ The scanning and_oosting of the full year's Monthly Operating Reports would be dureficative and unnecessary. Q47. is there. a specific DBE goal for this RFP? Response: No, Q48. Is the current contractor utilizing sub -contractors for any part of the service? Response: No. Q49. Will the City provide adequate training buses should a new contractor be. selected? Response: As described in Section 2.1, Revenue -Vehicles, the new City - provided, revenue vehicles will be available on or about September 1, 2015. Upon acceptance, these new vehicles will be available to the selected Contractor for pry service preparation -and training. QSD. Is the City, responsible for the purchasing and maintenance of all transit related street furnishings? City of Rosemead, RPP for Management and Operation of fhe Rosemead Transit System Addendum No. 9 1>L40 Page. 8 Response: See Section 2.6, Street Furnishings, which states "CITY shall be responsible for the purchasing. and maintenance of all transit related street furnishings,within'the CITY limits_" Q51. Is a performance or Bid bond required? Response: No.. Q52. Are key managers (PM,, OM, MM, SNI) required to be full time dedicated to this project? (Page 35 of the RFP suggests a FT dedicated PM), Response: Section 3A requires that the Project Manager responsible for the Rosemead Transit project to be full-time to the operations facility, not to the Rosemead contract. Section 3.4'states "It is understood that, while full-time to this facility, the Project. Manager may have other protect management responsibilities in addition to Rosemead Transit and these are to be disclosed in CONTRACTOR'S proposal.' Q53: Please explain the vehicle'turn over inspection process should a new contractor be selected. Response: Please read RFP Sections 2.1 and 3.15.1, both titled Revenue Vehicles. Q64. Please provide information on the current labor force. Please include employee counts by job category, hire dates, wage rates,. last date of -wage increase, benefits plan designs (including premiums and deductibles) and participation rates, paid time off. This information is critical to all submitting firms, especially if non -incumbent proposers are required to comply with Section 13(c)15333(b). Response: See Attachment 'C to the RFP which contains the information required by California Labor Code Section 1070. Q55. If 13(c)15333(b) does_ apply, please provide information on any past claims or decisions. Response; Section '13.(c) does not apply. Q56. What is the turnover rate for drivers over the last 12 months? Response: This is proprietary information. not available to the City. Q57. Please provide a breakdown of revenue miles, deadhead miles,, revenue hours, and'deadhead. hours for tho last twelve (12) months. Response: This information for -the past three months is contained. in the Monthly Operating Reports. See response to Qx, 46, Q58. Please provide a one year history of billing rates and total costs. Reponse: See response to Qx. 39. City of Rosemead, RFP'for Management and Operation of the, Rosemead Transit System Addendum Not 7 pall Pago 9 1459. What is the expected annual ridership and wheelchair -ridership as a percentage of total, annually? Response: Monthly ridership by individuals in wheelchairs is included in the Monthly Operating Reports and can be extrapolated to annual ridership. See response to Qx. 46. Q60. To ensure accurate insurance costing, please provide: a. The values, at the start of the contract, .at which the vehicles should be insured (actual'cash values or replacement values). 4, Three years of loss and accident information, including accidentJincident frequencies per .100,000 miles. Response: a. The total costs of the new Rosemead vehicles are as follows: Type C S.tareraft Allstar Buses $77,406,17 (3 each) Type B Starcraft Allslar Buses $64,441,42 (2 each) b. This is proprietary information that is not available to the City. Q61. Federal and state governments may mandate charges to health insurance; even now, the federal.governMent'imaking modifications to the Affordable Care Act ("Obamacare') by regulation. New mandates, laws, and regulations sometimes require employers to assume significant. unforeseen,'unbudgeted costs. In the event such unforeseen cost increases occur or an existing law's full implementation requires a significant increase to benefits for the employees for this service, would -a corresponding adjustment to the contract rates be considered? Response; See response'to Qx. 44. Q62. please verify that the order/format specified in Section HI: Required Qualifications of Contractor is the orderfformat desired for the proposal. Response: Section III is not provided as a required format, but to ensure that the Contractor's proposal addresses all required qualifications. Q63. What is the current provider's monthly fixed cost and hourly variable rate at this time? Response: See res'pone to Qx. 39, Q64, Please'provide a copy of the most recent CHIS vehicle inspection report for revenue vehicles. Response: The City will be providing the selected Contractor with new vehicles for operation of this service, therefore, there are no CHP inspeQfion reports for these vehicles. City of Rosemead, RFP'forManagement and Operation of the Rosemead Transit System Addendum No. 1 v-41 Page 10 L6 \1A.1 -7,13 L-W,L -,I; I -L1.1 1 rr11 r3J ACORO� CERTIFICATE OF LIABILITY INSUR �1 LANCE DATYYYY) 2/41202 2/4/2021 THIS CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .BELOW. THIS CERTIFICATE .OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Fairly Consulting Group, LLC 1800 S. Washington, Suite 400 Amarillo, TX 79102 CONTACT Dawn Harelik NAME: PHONE FAX (A/C, No, Ext): (806) 345-3655 (A/C, No):(806) 376-5136 E-MAIL dawn.harelik@fairlygroup.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:ACE American Insurance Company 22667 HDO G7157071A INSURED INSURERB:Gemini Insurance Company 10833 INSURER C: Indemnity Insurance Company of North America 43575 MV Transportation, Inc. and subsidiaries INSURER D:Lexington Insurance Company 19437 2711 N Haskell, Suite 1500 Dallas, TX 75204 INSURER E: ACE Property 8, Casualty Insurance Company 20699 INSURER F: COVERAGES CERTIFICATE NLIMRFR! RFVISION NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I D SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYVY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEOCCUR HDO G7157071A 2/1/2021 2/1/2022 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP (Any oneperson) $ Excluded PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F PROT 7 LOC GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 Electronic Data $ 5,000,000 OTHER. A AUTOMOBILE LIABILITY EOa aBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY Perperson) $ X ANY AUTO XSAH25313926 2/1/2021 2/1/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident $ PROPER acEcI, AMAGE $ X MRS ONLY X AUTO ONLY $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE GVE100144806 2/1/2021 2/1/2022 AGGREGATE $ 5,000,000 DED - X I RETENTION $ 10,000 $ C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N� (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WLR C67806335 2/1/2021 2/1/2022 STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,66-0 D Auto Physical Damage 011144707 2/1/2021 2/1/2022 Each Occurrence 1,000,000 E Excess Liability XCQ G4686119A 004 2/1/2021 2/1/2022 Excess Liability 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Operation of Rosemead Transit The City of Rosemead, its officials, employees and agents are named as an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms, conditions, limits and exclusions. Waiver of subrogation (AL, GL & WC) applies where required by written contract. City of Rosemead 8838 E. Valley Road Rosemead, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD