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RFP No. 2019-17 - Management and Operation of the Rosemead Transit System City of Rosemead – Rosemead Transit Page 1 2020 Request for Proposal No. 2019-17 NOTICE OF REQUEST FOR PROPOSAL (RFP) NO. 2019-17 The City of Rosemead is soliciting proposals from interested parties to provide the turn- key management and operation of the City’s Rosemead Dial-A-Ride and Explorer services, together referred to as Rosemead Transit. The Rosemead Transit system began providing local transportation in the 1980’s and, during the 2018-19 year, provided 8268 Dial-A-Ride trips and 58,897 Explorer trips, for a system total of 67,165 annual passenger trips. At peak, the Dial-A-Ride operates a total of two vehicles and the Explorer a total of two vehicles. The Explorer operates one bi-directional route within the city limits of Rosemead while the Dial-A-Ride provides service to destinations within 5 miles of the city limits and some longer-distance trips for medical purposes only. Both services operate 7 days a week. The City is currently interested in proposals that will address the management, operations, and maintenance of the Rosemead Transit system over the next five years, May 1, 2020 through April 30, 2025. The City will contract for a Base Term of three (3) years plus one Option Term of two (2) years. Proposal documents may be obtained at the Rosemead City Hall, 8838 E. Valley Blvd., Rosemead, California 91770. The deadline for submitting proposals is Tuesday, January 7, 2020, at 3:00 p.m. PST. An optional pre-proposal conference will be held on Tuesday, December 10 at 10:30 a.m. in the City Hall Conference Room, 8838 E. Valley Blvd., Rosemead, California. Please direct all comments or questions to Chris Daste, Director of Public Works, City of Rosemead, 8838 E. Valley Blvd., Rosemead, California, 91770, or cdaste@cityofrosemead.org. Issued by: Chris Daste Director of Public Works City of Rosemead – Rosemead Transit Page 2 2020 Request for Proposal No. 2019-17 REQUEST FOR PROPOSAL NO. 2019-17 MANAGEMENT AND OPERATION OF THE ROSEMEAD TRANSIT SYSTEM TABLE OF CONTENTS Page No. I. Description of the Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Rosemead Dial-A-Ride . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Rosemead Explorer Fixed Route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 D. Pending Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 II. Instructions, Conditions and Notices to Offerors . . . . . . . . . . . . . . . . . . . 7 A. General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Procurement Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 C. Optional Pre-Proposal Conference and Submission of Questions . . . . 8 D. RFP Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 E. Verbal Agreement or Conversation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 F. Required Submittal Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 G. Submission of Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 H. Screening, Selection and Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 I. Exceptions and Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 J. CONTRACTOR’s Representations . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 K. Pre-Contractual Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 L. Compliance with Laws and Requirements . . . . . . . . . . . . . . . . . . . . . . 13 M. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 N. Execution of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 III. Required Qualifications of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 A. Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 B. Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 C. Resource Allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 D. Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 E. Hiring and Personnel Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F. Accounting and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 City of Rosemead – Rosemead Transit Page 3 2020 Request for Proposal No. 2019-17 TABLE OF CONTENTS - Continued Page No. G. Insurance and Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 H. Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 I. Reservations & Dispatch Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 J. Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 K. Operations and Maintenance Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 L. Maintenance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 M. Safety Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 N. Screening and Selection Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 O. Training and Retraining Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 P. Data Collection and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 R. Transition Plan and Time Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 IV. Cost Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 A. Vehicle Revenue Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 B. Cost Proposal Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 C. Compensation In Option Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 V. Protests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 VI. Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2. City Duties and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3. Contractor Duties and Responsibilities – Operations . . . . . . . . . . . . . . 34 4. Contractor Duties and Responsibilities – Maintenance . . . . . . . . . . . . . 50 VII. Required Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 ATTACHMENTS A Draft Agreement B Operating & Financial Data and Performance Indicators C Summary of Present Hourly Employee Positions, Wage Ranges and Benefits DOCUMENTS POSTED TO CITY WEBSITE [http://www.cityofrosemead.org under “Bids and RFPs” on the City Clerk’s page] 1 Rosemead Transit Fleet Schedule 2 Sample Monthly Management Report (3 months) 3 Required Forms [In Word or Excel] 4 Current Management Contract 5 Specifications for City-Provided Vehicles City of Rosemead – Rosemead Transit Page 4 2020 Request for Proposal No. 2019-17 REQUEST FOR PROPOSAL NO. 2019-17 MANAGEMENT AND OPERATION OF THE ROSEMEAD TRANSIT SYSTEM I. DESCRIPTION OF THE PROJECT The Rosemead Transit system, initiated by the City of Rosemead in the 1980’s, provides Dial-A-Ride and community fixed route transit services. Dial-A-Ride service is provided to seniors (55+) and individuals with permanent disabilities within the city, 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. 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 services carried a total of 67,165 passenger trips in the 2018/2019 year while operating a total of 13,572 revenue vehicle hours and 158,856 revenue vehicle miles. Attachment B contains Rosemead Transit operating and financial data and basic performance indicators for the past three years. The City finances the Rosemead Transit system through Los Angeles County Proposition A and C Local Return funding and fare revenues. The City does not receive any Federal or State transit funding. A. Rosemead Dial-A-Ride The Rosemead Dial-A-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 available. This is not an ADA paratransit service. Dial-A-Ride service operates the following days and hours: Weekdays (Monday – Friday): 6:00 am – 7:00 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 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, Thanksgiving 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. City of Rosemead – Rosemead Transit Page 5 2020 Request for Proposal No. 2019-17 A maximum of two (2) ADA-compliant paratransit vehicles will be operated in Dial-A- Ride service at peak periods. 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 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. B. 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 362 days a year during the following hours: Weekdays (Monday – Friday): 6:00 am – 8:00 pm Weekends (Saturday and Sunday): 10:00 am – 5:00 pm Two Explorer vehicles are to be operated during each of these periods. Service will be suspended on Christmas Day, Thanksgiving Day and New Year’s Day. C. 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 Director of Public Works. 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 policy direction, general supervision and monitoring of services, service and system planning, marketing support and materials, fare media and qualification of residents to use the Dial-A-Ride, and five (5) transit service vehicles for operation of the Dial-A-Ride and Explorer services. [See RFP Section 2 herein for “City Duties and Responsibilities.”] The current management and operations contract is with MV Transportation, Inc., which has operated these services since February 15, 2019. Prior to MV Transportation, Rosemead Transit was operated by Southland Transportation. The current contract may be reviewed on the City’s website at http://www.cityofrosemead.org under “Bids and RFPs” on the City Clerk’s page. City of Rosemead – Rosemead Transit Page 6 2020 Request for Proposal No. 2019-17 D. Pending Issues Zero Emission Buses (ZEBs) In response to the ZEB requirements of the California Air Resources Board adopted in 2019, the City will be developing its Zero-Emission Bus Rollout Plan prior to July 1, 2023. Although the timing of ZEB acquisition may be impacted by the availability of funding, it is not presently anticipated that the City will order or receive any such electric buses during the term of this proposed contract. However, it should be expected that the City will, at a minimum, rely on the successful contractor for operational and management input into the ZEB compliance planning process along with siting and design assistance for future ZEB infrastructure on possible operating facility sites. ZEB experience will therefore be a consideration in the selection of the successful contractor. Revenue Vehicle Replacement As noted in Section 2.1, Revenue Vehicles, CITY shall be responsible for replacement of revenue vehicles on a schedule that maximizes the useful life of these resources without negatively impacting service reliability or incurring excessive maintenance costs. CITY shall coordinate vehicle replacement schedule and specifications with CONTRACTOR. CITY recognizes that the existing revenue vehicles are approaching the end of their useful lives and is in the early stages of placing an order for replacement vehicles. II. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS The following shall be considered an essential part of this Request for Proposals (“RFP”). A. General Information The City of Rosemead, California, referred to as “CITY” herein, is requesting proposals for the management and operation of the Rosemead Transit system, which operates the Rosemead Dial-A-Ride and Explorer services. For purposes of this RFP, independent contractors interested in submitting proposals are referred to as “CONTRACTOR”. The term of this Agreement will be for a Base Term of three (3) years from May 1, 2020 through April 30, 2023, plus one Option Term of two (2) years, for a total possible contract term of five (5) years. The successful CONTRACTOR to whom an award is made will be required to enter into a Professional Services Agreement (“PSA”) with CITY substantially similar to the DRAFT AGREEMENT provided here as Attachment A. Section VI to this RFP is the Scope of Work detailing the services to be provided by the CONTRACTOR. All proposals shall be for the complete “turn-key” management and operation of the Rosemead Transit system, as specified and in all respects, so that the proposal contemplates and ensures a complete “Turn-Key” system such that nothing remains to be purchased, provided or supplied by CITY, other than as noted within the provisions of this RFP. It is understood by each potential CONTRACTOR that this RFP City of Rosemead – Rosemead Transit Page 7 2020 Request for Proposal No. 2019-17 requires, in all cases, all elements of a complete operating system for Rosemead Transit. B. Procurement Schedule The schedule and description of events for this procurement are given below. Unless indicated all times are Pacific Standard Time (PST). Date Activity Mon., November 25, 2019 Request for Proposal (RFP) Issued Tues., December 10 Optional Pre-proposal Meeting @ 10:30am Mon., December 16 Deadline for submitting questions @ 3:00pm Thur., December 19 Final Addenda and Answers Issued Tues., January 7 Proposal Due @ 3:00 pm Wed., January 22 Interviews (If Needed) Mon., January 27 Best and Final Offers Due (If Needed) Tues., February 25, 2020 Selection recommendation made to City Council and Contract awarded Fri., May 1, 2020 Start of Services The indicated dates, including start-up date, are subject to change at the sole discretion of the CITY. C. Optional Pre-Proposal Conference and Submission of Questions An optional pre-proposal conference will be held on Tuesday, December 10, 2019 at 10:30 A.M. PST in the City Hall Conference Room, 8838 E. Valley Blvd., Rosemead, California, for the purpose of receiving questions and comments pertaining to this RFP. Any firm not attending the optional pre-proposal meeting but wishing to receive any addenda shall contact Silvia Llamas, City Administrative Analyst at 626-569-2117 or by email to sllamas@cityofrosemead.org and provide the firm name, address, contact name, telephone and email. Questions and comments may be submitted to the Director of Public Works, City of Rosemead, by mail to 8838 E. Valley Blvd., Rosemead, California 91770, by email to cdaste@cityofrosemead.org or by facsimile copy to 626-307-9218. All questions must be received no later than 3:00 P.M. on Monday, December 16, 2019. In the event of that questions and comments are received, a CITY response will be sent to all parties in the form of an addendum (or addenda) to this RFP no later than Thursday, December 19, 2019. City of Rosemead – Rosemead Transit Page 8 2020 Request for Proposal No. 2019-17 D. RFP Addenda Any changes to the RFP requirements will be made by written addendum or email with confirmation of receipt. Addenda will be emailed or mailed to CONTRACTORS at the addresses provided by CONTRACTORS. All addenda must be specifically acknowledged in CONTRACTOR’S proposal using Form C, Addenda Acknowledgement. Failure to acknowledge receipt of addenda shall cause the proposal to be considered non-responsive. Such proposals will be rejected. E. Verbal Agreement or Conversation No prior or current verbal conversations or agreements with any officer, agent, or employee of the CITY shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement. F. Required Submittal Information Each CONTRACTOR must submit one (1) signed original, six (6) copies and one (1) electronic copy on flash drive of the complete proposal in sealed package marked clearly “Transit Service RFP” and the name of the CONTRACTOR. Proposal submissions shall be in 3-ring binders and pages must be numbered sequentially. 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 point. The seventy-five (75) pages shall include all text pages, tables, figures, exhibits, divider and cover pages, but shall not include required proposal forms, appendices and attachments to the proposal. Proposers are warned against placing material information in appendices and/or attachments. “Material” is defined as information or documents, without which the Offeror’s proposal could be deemed noncompliant. Proposed costs must be submitted on the COST PROPOSAL FORM provided as Form A and must include all required attachments. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto, and all corrections must be initialed in ink by the person signing the COST PROPOSAL FORM. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested may result in rejection of the proposal. If the proposal consists of a “prime” contractor and one or more subcontractors, the CONTRACTOR shall identify all subcontractors and the areas of their responsibility. Notwithstanding the use of subcontractors by the prime CONTRACTOR, the CITY will enter into an AGREEMENT only with the prime CONTRACTOR who shall be responsible for all services required by the attached AGREEMENT. CONTRACTOR certifies by submission of a response to the RFP (proposal) that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared City of Rosemead – Rosemead Transit Page 9 2020 Request for Proposal No. 2019-17 ineligible, or voluntarily excluded from participation in this transaction with federal, state, or local department or agency. Upon award of the contract, all proposals shall be public record except financial statements submitted under a separate cover with a request for confidentiality, which shall be disclosed only upon order of a court with competent jurisdiction. Following contract award, information contained in any proposal or information regarding the number or identity of CONTRACTORS will be made available during the course of normal City business hours. Specific requests for proposal information shall be made by request to the Director of Public Works. No proposal shall be withdrawn after the deadline for submission of proposals and all proposals shall remain in effect for a minimum of one hundred twenty (120) days after the final proposal submission date. G. Submission of Proposals Proposals must be received by the City Clerk’s Office of the City of Rosemead before 3:00 P.M. PST on Tuesday, January 7, 2020. All proposals either mailed or hand delivered will be received at the following location: City of Rosemead City Clerk’s Office RFP No. 2019-17 - Transit Service 8838 E. Valley Blvd. Rosemead, California 91770 The City will not accept proposals submitted by facsimile copy or electronically. Responsibility for submitting the proposal and pricing to the City on or before the above stated time is SOLELY AND STRICTLY that of the CONTRACTOR. The City will in no way be responsible for delays in the delivery of the mail or delays caused by any other occurrence. The City will not be responsible for premature opening of proposals not properly marked. Any submission received after the designated time will be returned unopened. H. Screening, Selection, and Award Screening and selection will take place through the process described below. Contract award will be made to the CONTRACTOR which (a) meets REQUIRED QUALIFICATIONS OF CONTRACTOR specified in Part III of this RFP, and (b) submits the proposal considered most advantageous to CITY based on EVALUATION CRITERIA set forth below. Negotiations may or may not be conducted with CONTRACTORS, therefore, the proposal should include the CONTRACTORS’ most favorable terms and conditions since selection may be made without discussion with any CONTRACTOR. City of Rosemead – Rosemead Transit Page 10 2020 Request for Proposal No. 2019-17 The screening and selection process shall be as follows: Step 1. Sealed proposals will be opened and evaluated to determine compliance with REQUIRED QUALIFICATIONS OF CONTRACTOR. Proposals meeting specified requirements will be considered responsive and will be included in Step 2. Step 2. Responsive proposals will be reviewed and scored by an evaluation panel based on EVALUATION CRITERIA shown in Table 1 of this RFP. Ordinal rankings will be assigned to the evaluations done by each panel member and those rankings combined to indicate a preliminary scoring of the proposals. Based on this initial evaluation, a decision will be made whether to recommend awarding a contract without further discussion to the CONTRACTOR receiving the highest score, or to interview the CONTRACTORS within the competitive range. Step 3. If a decision is made to conduct interviews, CONTRACTORS within the competitive range will be interviewed on Wednesday, January 22, 2020. The purpose of such interviews will be to obtain additional information or clarification of CONTRACTORS’ proposals. CONTRACTORS will be limited to no more than four (4) representatives, which shall include the proposed Project Manager and Maintenance Manager and the manager to whom this project would report. City of Rosemead – Rosemead Transit Page 11 2020 Request for Proposal No. 2019-17 Table 1: Proposal Evaluation Criteria Evaluation Criteria Weight Experience and Technical Compliance ▪ Demonstrated experience in similar projects ▪ Current/Past References for comparable projects ▪ Dispatch/Scheduling system and procedures ▪ Understanding of system requirements and ability to meet performance goals ▪ Compliance with technical, administrative and other requirements 25 pts Staffing & Personnel ▪ Qualifications and experience of Project Manager, Maintenance Manager and any other named personnel ▪ Adequacy of wage and benefits and employee incentive program ▪ Employee recruiting/ selection process ▪ Drug and alcohol program ▪ Adequacy of training program and demonstrated safety record 20 pts Vehicle Maintenance Program ▪ Demonstrated ability to maintain Rosemead Transit fleet at superior level and minimize downtime and road calls. ▪ Adequacy of maintenance program and equipment proposed 15 pts Vehicles, Facilities and Equipment ▪ Location, amenities and adequacy of proposed facility ▪ Adequacy of radios, telephone system, office and other equipment 10 pts Proposed Cost ▪ Appropriateness and adequacy of proposed operating costs ▪ Proposed Cost relative to other proposals 20 pts Financial Viability ▪ Overall financial condition ▪ Ability to meet City contract and insurance requirements 10 pts Subtotal, Awarded Points 100 max Bonus Points for retention of prior contractor’s employees in accordance with California Labor Code, Sec.1070-1074 10% Total Possible Points 110 City of Rosemead – Rosemead Transit Page 12 2020 Request for Proposal No. 2019-17 Upon completion of such interviews, the CITY reserves the right to negotiate with any or all of the proposing firms and to request the submission of “Best and Final” offers. The evaluation panel shall review “Best and Final” offers, if requested, and conduct a final evaluation of proposals. Proposals will again be assigned a total score based on EVALUATION CRITERIA specified herein. The evaluation panel will then recommend one CONTRACTOR, based on the results of the final scoring, for approval by the City Council of the City of Rosemead. Council approval is expected on or about, Tuesday, February 25, 2020. The CITY reserves the right to withdraw this RFP at any time without prior notice. Further, the CITY reserves the right to modify the RFP schedule described above. The CITY also makes no representations that any contract will be awarded to any CONTRACTOR responding to this RFP. The CITY expressly reserves the right to reject any and all proposals without indicating any reasons for such rejection(s), to waive any irregularity or informality in any proposal or in the RFP procedure, and to be the sole judge of the responsiveness of any CONTRACTOR and of the suitability of the materials and/or services to be rendered. I. Exceptions and Alternatives CONTRACTORS may not take exception or make alterations to any requirement of the RFP. If an alternative proposal is submitted, it must be submitted as a separate proposal. No such proposal shall be considered unless it satisfies all requirements of this RFP. The CITY expressly reserves the right in its sole discretion to consider such alternate proposals and to award a contract based thereon if determined to be in the CITY’S best interest. Since the CITY desires to enter into one contract to provide all services, only those proposals to provide all services shall be considered responsive. J. CONTRACTOR’S Representations In submitting a proposal, the CONTRACTOR affirms that it is familiar with all requirements of the RFP and has sufficiently informed itself in all matters affecting the performance of the work or the furnishing of the labor, supplies, materials, equipment, or facilities called for in this RFP; that it has checked the proposal for errors and omissions; that the prices stated are correct and as intended by the CONTRACTOR and are a complete statement of its prices for performing the work of furnishing the labor, supplies, materials, equipment or facilities required. The above provisions shall apply equally to any modifications submitted by CONTRACTOR in a “Best and Final” offer. City of Rosemead – Rosemead Transit Page 13 2020 Request for Proposal No. 2019-17 K. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by CONTRACTOR in: (1) preparing the proposal in response to this RFP; (2) submitting the proposal to the CITY; (3) negotiating with the CITY on any matter related to this RFP; (4) any other expenses incurred by the CONTRACTOR prior to the date of award, if any, of the proposed AGREEMENT. The CITY shall not, in any event, be liable for any pre-contractual expenses incurred by CONTRACTOR. CONTRACTOR shall not include any such expenses in the RFP. L. Compliance with Laws and Requirements In performance of the services described herein, CONTRACTOR shall comply with all applicable Federal, state and local laws and requirements including, but not limited to: Equal Employment Opportunity, the Americans with Disabilities Act, and Drug and Alcohol Testing Requirements. 1. Equal Employment Opportunity Regarding the performance of this contract, the CONTRACTOR shall not discriminate against any employee or applicant for employment based on race, color, age, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, layoff or termination, rates of pay or other forms of compensation, and selection for training. 2. Drug-Free Workplace Certification and Drug and Alcohol Testing Requirements CONTRACTOR shall comply with the Drug-Free Workplace Certification Requirements and the Drug and Alcohol Testing Requirements as administered by Caltrans for Federal grant fund recipients. M. Interpretation The laws of the State of California shall govern all the rights and duties of the successful CONTRACTOR and CITY under the contract entered into pursuant to this RFP. N. Execution of Agreement If the CONTRACTOR is an individual, he or she shall execute the AGREEMENT personally. If the CONTRACTOR is a partnership, the AGREEMENT shall be executed by all partners, or by a managing general partner lawfully empowered to bind the partnership. If the CONTRACTOR is a corporation, two officers of the corporation must execute it, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the AGREEMENT, or if it is executed by a person other than an officer, there must be attached to the AGREEMENT a certified copy of a resolution of the corporation City of Rosemead – Rosemead Transit Page 14 2020 Request for Proposal No. 2019-17 authorizing such officer or person to execute written agreements for and on behalf of the corporation. If the CONTRACTOR is a joint venture, the AGREEMENT must be executed on behalf of each participating firm by officers or other officials who have full and proper authorization to do so. III. REQUIRED QUALIFICATIONS OF CONTRACTOR Proposals for the management and operation of the Rosemead Transit system will be evaluated by CITY to determine whether or not they meet the following required qualifications. Proposals which fail to provide documentation responding to all of the required items set out below may be considered non-responsive and may be rejected. A. Experience In order to be considered eligible and qualified, CONTRACTOR must have a minimum of five years of experience in the field of providing public transportation services for systems similar to those described herein. The CONTRACTOR should demonstrate familiarity with the management and operation of Dial-A-Ride and community fixed route public transit services, including all related tasks such as vehicle control and dispatch, training, safety, vehicle maintenance, etc. The CONTRACTOR must have the capability to provide qualified personnel to manage and operate the system. A statement of qualifications demonstrating the foregoing and listing the CONTRACTOR’S experience in the public transit field, together with the names, addresses and telephone numbers of at least three other clients for whom similar services are being provided, shall be furnished with the proposal using Form E, References. Clients referenced should be located in California, if possible. B. Organization The CONTRACTOR should submit a description of the firm’s organizational structure, history, legal status (i.e., partnership, corporation, etc.), list of owners and officers, capabilities and experience, and management philosophy. The CITY is particularly interested in the CONTRACTOR’S approach to managing projects such as Rosemead Transit, organizational resources and expertise available, and the primary businesses or range of diversified businesses in which the CONTRACTOR’S firm is involved. C. Resource Allocation CONTRACTOR’S proposed allocation of contract resources must demonstrate an understanding of scope of work requirements as described in this RFP and attachments thereto. CONTRACTOR must submit a detailed budget breakdown on the PROPOSAL FORM. City of Rosemead – Rosemead Transit Page 15 2020 Request for Proposal No. 2019-17 D. Staffing CONTRACTOR shall at all times be responsible for maintaining appropriate staffing levels, employing sufficient qualified and properly trained personnel to perform the management, administrative, call-taking, scheduling and dispatch, operating and maintenance functions necessary to operate the City’s Dial-A-Ride and Explorer services. The CONTRACTOR must submit a proposed staffing plan and organization chart indicating all management and staff employee positions, the number of full-time equivalent employees at each position (full-time equivalent employee equals 2,000 work hours), and salary and benefit schedules for each employee classification. The staffing plan must include the resumes of the proposed Project Manager and Maintenance Manager showing all relevant education, training and experience. CONTRACTOR should also describe other personnel to the extent that their particular experience, skill and availability will affect the performance of this contract. CONTRACTOR should submit a description of the employee benefits package that will be provided including any incentive or motivational programs. CONTRACTOR should also specifically address any technical resources and staff that will be available to assist their local management at no additional cost to the City. E. Hiring and Personnel Policies The CONTRACTOR shall use appropriate screening and selection criteria for employing personnel. Criteria shall include California Department of Motor Vehicles (DMV) records, criminal background checks, pre-employment drug screening and physicals of all employees assigned to Rosemead Transit. Personnel policies shall help ensure that all employees perform their duties in a safe, legal, courteous and professional manner at all time. CONTRACTOR shall provide the CITY with a copy of its employee handbook prior to initiation of services and shall maintain a current copy with CITY throughout the term of this contract. F. Accounting and Reporting The CONTRACTOR must propose an adequate management information system to implement and maintain data collection, accounting, and reporting requirements as specified in the DRAFT AGREEMENT and Section VI, Scope of Work. Proposal shall include a proposed monthly management report format meeting the requirements of paragraph 3.20.3 of Section VI, Scope of Work. City of Rosemead – Rosemead Transit Page 16 2020 Request for Proposal No. 2019-17 G. Insurance and Indemnity The insurance and indemnity requirements contained in the Draft Professional Services Agreement and Exhibit B to that document will be considered minimum requirements and must be complied with in every respect. 1. Indemnification 1.1 Indemnity by CONTRACTOR. CONTRACTOR, its successors and assigns (the "Indemnitors"), agree to indemnify, defend and hold harmless CITY, its officers, officials, directors, employees, agents and volunteers (the “Indemnitees”), from and against any and all Damages (as defined below) suffered or incurred by the Indemnitees resulting from or related to (i) any breach of Contractor’s obligations under this Contract; (ii) any violation by CONTRACTOR of any federal, state or local law applicable to CONTRACTOR’S performance under this Contract, including without limitation, Applicable Environmental Laws; (iii) the failure of CONTRACTOR to pay any federal, state or local income, sales, use, payroll or other tax during the term of this Contract; (iv) the failure of CONTRACTOR to maintain any insurance coverage required to be maintained by this Contract; and (v) any claim resulting from the negligent or willful acts or omissions of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Notwithstanding the foregoing, the Indemnitors shall not be liable for any Damages that arise as a result of the sole negligence or willful misconduct of the Indemnitees. 1.2 Definition of Damages. As used herein, "Damages" shall mean all liabilities, demands, claims, actions or causes of action, regulatory, legislative or judicial proceedings, assessments, levies, losses, fines, penalties, damages, costs and expenses, in each case as awarded by a court or arbitrator, including, without limitation, reasonable attorneys', accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such liability. 2. Insurance: On or before the commencement of the term of this Contract, CONTRACTOR shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with this Section. CONTRACTOR must state renewal dates for all insurance coverage and must provide a statement of loss experience for the previous last two years. The statement of loss experience must also identify any claims that may be pending at the present time. An endorsement naming the CITY as additional insured for all liability coverage shall be furnished with the insurance certificates. Such certificates, which do not limit CONTRACTOR's indemnification set forth herein, shall also contain substantially the following statement: City of Rosemead – Rosemead Transit Page 17 2020 Request for Proposal No. 2019-17 “Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' advance notice to the CITY of Rosemead by certified mail, Attention: Risk Manager.” It is agreed that CONTRACTOR shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance business in the State of California. No subcontract work shall commence until similar insurance coverage has been obtained by the subcontractor and verified by the CONTRACTOR. The CONTRACTOR shall then immediately notify the CITY, in writing, of the types and amounts of such insurance. 3. Coverage. CONTRACTOR shall maintain the following insurance coverage: (a). 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. lf 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. (b). 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. (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. (d). Workers' Compensation and Employer's Liability Insurance. CONTRACTOR shall procure and maintain during the life of this Contract Workers' Compensation Insurance in conformance with the laws of the State of California and with the laws of City of Rosemead – Rosemead Transit Page 18 2020 Request for Proposal No. 2019-17 the United States and Employers' Liability Insurance with a minimum of one Million Dollars ($1000,000) per accident or per disease. 4. 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 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. 5. 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. 6. Subrogation Waiver. Each of the foregoing policies shall expressly waive subrogation against CITY. 7. Failure to Secure. If CONTRACTOR at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONTRACTOR's name or as an agent of the CONTRACTOR and shall be compensated by the CONTRACTOR for the costs of the insurance premiums plus interest at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. CONTRACTOR shall indemnify and hold harmless CITY from the failure to place, the failure to maintain, or the failure of any of the insurance policies required above. 8. Additional Insured. CITY, its Council, Commissions, officers, and employees shall be named as additional insured under general liability and umbrella excess policy coverage, except Workers’ Compensation, required by this Contract. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. 9. Primary Insurance. Endorsement(s) shall be provided which states that the coverage is Primary Insurance and that no other insurance affected by the CITY will be called upon to contribute to this coverage. 10. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City of Rosemead – Rosemead Transit Page 19 2020 Request for Proposal No. 2019-17 a. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees, agents or volunteers. c. The CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. See Exhibit B of the Draft Agreement appearing as Attachment A for additional insurance requirements. 11. Acceptability of Insurers. 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 VII. 12. Verification of Coverage. CONTRACTOR shall furnish the CITY with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the CITY. All endorsements are to be received and approved by the CITY before work commences. As an alternative to the CITY's forms, the CONTRACTOR's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 13. Disclosure of Self-Insurance and, Retentions. OFFEROR shall disclose in their proposal any and all self-insurance, self-insured retentions, and deductibles by dollar amount related to the insurance coverages required by the CITY. 14. Subcontractors. CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. H. Financial Responsibility All CONTRACTORS shall provide a financial statement for the business entity submitting the proposal, as prepared by a certified public accountant, for its most recently completed fiscal year, consisting of a balance sheet, profit and loss statement and such other financial documents as may be appropriate. In lieu of a financial statement, reviewed financials may be submitted. The submitted documentation shall City of Rosemead – Rosemead Transit Page 20 2020 Request for Proposal No. 2019-17 be sufficient to demonstrate that the CONTRACTOR possesses adequate financial resources, ability and stability to enable the CONTRACTOR to fulfill its obligations in connection with the management and operation of Rosemead Transit under the terms of this AGREEMENT. CITY will endeavor, but makes no representation that it will be able to maintain the confidentiality of proposers’ financial information. A CONTRACTOR that submits financial information which it asks to have treated as confidential should submit a statement justifying its treatment as confidential under the California Public Records Act, citing relevant sections of the Act, and label it as a separate exhibit, clearly identified as confidential as a trade secret or otherwise and cross-referenced in the proposal. As a condition to further participation in the selection process described in Section II – Subsection I, CITY reserves the right to require a CONTRACTOR which has deficiencies with respect to CITY’s criteria for financial strength and stability to provide financial information regarding one or more principals or guarantors of CONTRACTOR, which principals or guarantors, upon approval by CITY, would be required to execute a guaranty of CONTRACTOR’S obligations upon award of the contract. I. Reservations & Dispatch Function CONTRACTOR’s proposal shall describe and detail how Dial-A-Ride trip requests, cancellations and inquiries, and general requests for transit information will be answered in compliance with the Service Standards set forth herein and pursuant to best industry practices. The proposal shall specify the technology and systems to be used to record, organize and maintain Dial-A-Ride client records, trip reservations and dispatch records and the equipment to be provided by CONTRACTOR. Note that trip requests may be made up to 14 days in advance and that same day and immediate trip requests will be accepted and served if space is available. Proposals shall also detail the languages that the CONTRACTOR’s reservations/dispatch 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. J. Equipment Pursuant to Scope of Work Section 3.15, the CONTRACTOR shall provide all equipment other than the five (5) transit service vehicles provided by CITY to operate the described Rosemead Transit services. CONTRACTOR’S proposal shall detail the proposed equipment that will be procured or otherwise provided by CONTRACTOR if selected. City of Rosemead – Rosemead Transit Page 21 2020 Request for Proposal No. 2019-17 K. Operations and Maintenance Facility Upon acceptance of the CONTRACTOR’S proposal and award of a contract, the successful CONTRACTOR shall be required to secure an operations and maintenance facility sufficient to enable the CONTRACTOR to effectively manage and operate the Rosemead Transit system. CONTRACTOR’S proposal should identify and describe all the proposed facilities. At a minimum, such facility should have all the requirements as set forth in Section VI, SCOPE OF WORK. In their proposal, CONTRACTOR shall clearly: (1) Disclose the legal status of any and all facilities identified in support of its proposal, that is, whether the facility is presently owned or leased by CONTRACTOR or whether there is guarantee that the stated facility will be available for Rosemead Transit use if CONTRACTOR is selected; and (2) Provide the straight-line distance in miles from the intersection of Rosemead Blvd. and Marshall Street to the proposed Operations and Maintenance facility. L. Maintenance Program The CONTRACTOR must have the capability to carry out the complete maintenance program specified in Section VI, SCOPE OF WORK, Section 4. The CONTRACTOR must document in the proposal its maintenance record-keeping and accounting system, and procedures for administering a preventive maintenance program. M. Safety Program CONTRACTOR must have an on-going, comprehensive safety program that shall be documented in the proposal. N. Screening and Selection Program CONTRACTOR must document CONTRACTOR’S screening and selection program for vehicle operator employees including a proposed substance abuse screening program in accordance with Section VI, SCOPE OF WORK. O. Training and Retraining Program CONTRACTORS must have a training program that will assure that all personnel will meet satisfactory standards and knowledge for operating the City’s Dial-A-Ride and Explorer services. The training program must be documented in the proposal, and shall explain how replacement personnel to accommodate turnover are to be trained without detriment to Rosemead Transit service or the quality of training. P. Data Collection and Reporting CONTRACTOR shall describe and detail how it will meet or exceed all data collection, record keeping and reporting requirements specified herein. City of Rosemead – Rosemead Transit Page 22 2020 Request for Proposal No. 2019-17 R. Transition Plan and Time Schedule Each CONTRACTOR shall submit a transition plan and time schedule setting forth the sequence of events and associated time requirements proposed to be undertaken from the point of contract award through the first full month of system operations under the new AGREEMENT. The time schedule must demonstrate how the transition to the new CONTRACTOR will be accomplished with no disruption to regular Rosemead Transit services. At a minimum, the Plan shall include recruitment and training schedules, start- up plan, vehicle inspection and transfer, acquisition of necessary equipment, permits, licenses, and any other activities required to support the project. IV. COST PROPOSAL Payment for services under this agreement will be made by the City of Rosemead on the basis of a fixed monthly rate plus an agreed rate per vehicle revenue hour multiplied by the actual number of vehicle revenue hours operated in Rosemead Transit service during the month being invoiced. [Often called a “fixed and variable” costing approach.] As the City is hiring the CONTRACTOR for its expertise in the management and operation of community-level public transit services, the “fixed and variable” costing, together with specific performance goals, is intended to encourage increased productivity and efficient use of Rosemead Transit resources. A. Vehicle Revenue Hours All proposals will be based on the following vehicle revenue hour numbers for each year of the three-year base term of the agreement. [Please note that the term “vehicle revenue hours” is defined in the “Definitions” in Section VI.] Annual Vehicle Revenue Hours Year 1 Years 2 Year 3 [12 months] [12 months] [12 months] Rosemead Dial-A-Ride 6510 6510 6510 Rosemead Explorer 8850 8850 8850 Total for Proposal Purposes 15,355 15,355 15,355 The CITY reserves the right to direct the operation of up to either twenty percent (20%) more than or twenty percent (20%) less than these projected Annual Vehicle Revenue Hours without renegotiating the proposed rates with the successful CONTRACTOR. B. Cost Proposal Forms CONTRACTOR shall complete and submit the Cost Proposal Forms contained herein as RFP Form A. Electronic versions of these forms will be made available to all prospective Proposers. City of Rosemead – Rosemead Transit Page 23 2020 Request for Proposal No. 2019-17 CONTRACTORS will note that the Cost Proposal Forms require the estimation of annual vehicle mileage and fuel costs, even though the actual incurred monthly cost of fuel will be paid directly by the CITY and is not to be included in the Fixed Monthly or variable Vehicle Revenue Hour cost. This data is needed to provide the CITY with a complete projection of Rosemead Transit costs for evaluation and budgeting purposes. C. Compensation in Option Period In the event that the one, two-year option period is exercised by the CITY, CONTRACTOR compensation will be negotiated between the parties, but in no case shall that compensation for each year of the option increase by no more than the annual increase in the Consumer Price Index for the State of California (Los Angeles-Riverside- Orange County statistical area) for the most recently reported calendar year. City of Rosemead – Rosemead Transit Page 24 2020 Request for Proposal No. 2019-17 FORM A ROSEMEAD TRANSIT COST PROPOSAL, PAGE 1 Summary of Proposed Cost CONTRACTOR hereby proposes a total three-year cost for management and operation of the Rosemead Transit services as defined in the Request for Proposals, including any and all addenda, of: [Insert Total Proposed Base Term Cost] ___________________________________________________________________ ______________________________________________Dollars [$____________.00] OFFEROR’S Representations & Acknowledgement In submitting a proposal, the CONTRACTOR affirms that it is familiar with all requirements of the RFP and has sufficiently informed itself in all matters affecting the performance of the work or the furnishing of the labor, supplies, materials, equipment, or facilities called for in this RFP; that it has checked the proposal for errors and omissions; that the prices stated are correct and as intended by the CONTRACTOR. CONTRACTOR acknowledges that this is a “turn-key” contract and that the proposed cost amount is for all staff, facilities, non-revenue vehicles and equipment, supplies and services required for the operation and management of Rosemead Transit except for those duties and responsibilities of the CITY specifically identified in the RFP. This proposal and proposed cost are a firm, fixed offer for a period of one hundred twenty (120) calendar days from the Proposal Due Date of January 7, 2020. NAME OF CONTRACTOR: ___________________________________ ADDRESS: ___________________________________ ___________________________________ NAME OF AUTHORIZED REPRESENTATIVE FOR NEGOTIATIONS: ___________________________________ PHONE NUMBER: (____) _____ - ___________ AUTHORIZED SIGNATURE: ___________________________________ NAME & TITLE OF SIGNER: ___________________________________ DATE: ___________________________________ City of Rosemead – Rosemead Transit Page 25 2020 Request for Proposal No. 2019-17 ROSEMEAD TRANSIT COST PROPOSAL FORM A, PAGE 2 Proposer's Name: COST FORMULA Year One [12 Months] Year Two [12 Months] Year Three [12 Months] 1. Cost per VRH $0.00 $0.00 $0.00 2. Monthly Fixed Cost $0.00 $0.00 $0.00 Projected Annual VRH 15,355 15,355 15,355 3. Annual Hourly Costs $0 $0 $0 4. Annual Fixed Costs $0 $0 $0 TOTAL PROPOSED ANNUAL COST (3+4)$0 $0 $0 PROPOSED TOTAL VEHICLE REVENUE HOUR COSTS TOTAL VRH COST BY CATEGORY Year One Year Two Year Three Driver Wages Driver Fringe Benefits Maintenance Parts Maintenance Supplies Outside Repairs Other(specify) TOTAL HOURLY COSTS $0.00 $0.00 $0.00 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 By Category for Hourly and Fixed Costs should support and add to the Cost Per Vehicle Revenue Hour and Monthly Fixed Costs being proposed. This table auto-fills from Hourly and Fixed Cost Tables. Do not overwrite formulas. TOTAL PROPOSED ANNUAL COST City of Rosemead – Rosemead Transit Page 26 2020 Request for Proposal No. 2019-17 ROSEMEAD TRANSIT COST PROPOSAL FORM A, PAGE 3 Proposer's Name: PROPOSED FIXED COSTS (Note: Costs shown are to be the total fixed costs by category) TOTAL FIXED COST BY CATEGORY Year One Year Two Year Three Project Manager Salary Project Manager Fringe Maintenance Mgr Salary Maint. Mgr Fringe Operation Supervisor Salary Operation Supervisor Fringe Dispatch Staff Wages Dispatch Staff Fringe Maintenance Staff Wages Maintenance Staff Fringe Other Wages (Specify) Other Fringe (Specify) Hiring/Training Safety Uniforms Non-Revenue Vehicles Facility Lease/Rent Costs Janitorial Telephone Utilities Office Supplies Accounting INSURANCE: General Liability Automobile Liability Collision/Comprehensive Workers Compensation Computer Hardware Computer Software On-Board Camera Costs Other (Specify): Start Up Costs Overhead Management Fee/Profit TOTAL FIXED COSTS $0 $0 $0 ESTIMATED ANNUAL FUEL COST Year One Year Two Year Three Projected Total Vehicle Miles Estimated Annual Fuel Cost Assumed Propane Cost/Gal Assumed Cost/Gal Gasoline [Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.] City of Rosemead – Rosemead Transit Page 27 2020 Request for Proposal No. 2019-17 V. PROTESTS Protests regarding any aspect of this Request For Proposals, the solicitation process, or the proposed award of a contract must be submitted in accordance with the following procedures. Types of Protests There are three basic types of protests, based on the time in the procurement cycle when they occur. Differences in the protest process between these three types, if any, are noted. • Pre-bid or Solicitation Phase Protest is received prior to the bid opening or proposal due date. A Pre-bid Protest must be received by the City prior to the published time and date for receipt of proposals or bids following the content and submission procedures specified herein. Depending upon when the protest is received and the agency’s review, the City may or may not delay the bid opening or proposal due date. • Pre-award Protest is a protest against making an award and is received after receipt of proposals or bids, but before award of a contract. A Pre-award Protest must be submitted to the City following the content and submission procedures specified herein within three (3) working days of the date the protester learned or should have learned of the basis of appeal. Pre-award Protests must be received by the City prior to the agency’s formal action on the contract award. Depending upon when the protest is received and the agency’s review, the City may or may not delay the contract award. • Post-award Protest is received after award of a contract. A Post-award Protest must be submitted to the City following the content and submission procedures specified herein within five (5) working days of the date the protester learned or should have learned of the basis of appeal. Content and Submission of Protests Protests must contain the following information: • Description of the solicitation or contract and number; • Name of protestor with address, contact individual, phone numbers and email addresses; • Statement of the grounds for protest; and • Statement of the proposed relief or remedy. Proposals must be submitted in writing via facsimile copy, email with hard-copy back- up, USPS, FedEx or other package delivery service, or hand-delivered to: City of Rosemead – Rosemead Transit Page 28 2020 Request for Proposal No. 2019-17 City of Rosemead Office of the City Manager 8838 East Valley Boulevard Rosemead, CA 91770 FAX: 626-307-9218 Email: cdaste@cityofrosemead,org Evaluation and Decision on Protest Upon receipt of a protest, the City of Rosemead will review the grounds for the protest and, within five (5) working days provide a written response addressing in detail each substantive issue raised in the protest. A copy of the protest and the City’s decision will be transmitted to the protester and to each firm or individual who has received a copy of the RFP or solicitation. The Director of Public Works for the City of Rosemead is the responsible official for evaluation of protests and has the authority to make the final determination in matters of protest. The decision of the City of Rosemead will be final. Should material information become available subsequent to the Director’s decision on a protest or the protester believe that an error has been made of law or regulation, the protester may request reconsideration of that decision by formal notice to the City Manager within five (5) working days of the date of the original protest decision. City of Rosemead – Rosemead Transit Page 29 2020 Request for Proposal No. 2019-17 VI. SCOPE OF WORK SECTION 1: DEFINITIONS 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 with 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 the City of Rosemead. Contractor – Shall signify a firm submitting a proposal to provide the services described herein and the vendor selected and under contract with CITY to provide transportation services. Curb-to-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 15 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 "out 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 that does 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 the origin and/or destination end of the trip, the driver gets out of the vehicle and meets/escorts the passenger to the door of the main lobby, residence, or building. The driver is responsible for assisting the passenger throughout the trip. Drivers are not allowed to enter a residence and must keep the vehicle in sight at all times. Dwell Time – The amount of time spent by vehicle and driver at each pick-up and drop- off waiting for the passenger(s) to appear, during passenger boarding, deboarding and wheelchair securement. Dwell time is included in the Revenue Vehicle Hour computation. City of Rosemead – Rosemead Transit Page 30 2020 Request for Proposal No. 2019-17 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; Independence 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 fixed route service\, 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 60 minutes after the scheduled pick up time or does not arrive at all. No-Show – A scheduled passenger who does 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 pick-up time. On-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 call 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. Also called “Transit Service Vehicles.” Vehicle Revenue Hour – For Rosemead’s fixed route services, a vehicle revenue 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. For the Rosemead Dial-A-Ride service, a vehicle revenue 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-up address and ends when it has completed its last passenger drop-off and is 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 of revenue vehicle hours, however, this rule shall not apply to late trip cancellations. Revenue vehicle hours are also known as “revenue vehicle hours” and ”vehicle service hours.” It is intended that this definition of vehicle revenue hours be identical to that defined under the National Transit Database. City of Rosemead – Rosemead Transit Page 31 2020 Request for Proposal No. 2019-17 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. Vehicle Revenue Miles – The mileage incurred by a vehicle while operating a Vehicle Revenue Hour. SECTION 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 The CITY will provide three (3) Class C Cutaway ADA-Compliant buses and two (2) Class B Cutaway ADA-Compliant buses as listed in the Transit Fleet Schedule posted on the City’s website at http://www.cityofrosemead.org under “Bids and RFPs” on the City Clerk’s page. All of these vehicles have been retrofitted to use propane fuel. Two of the Class C buses will be used to operate the Explorer fixed route services and the two Class B buses will be used to operate the Dial-A-Ride. The third Class C bus will be used as a spare in either service. The Class C buses shall be rotated in service so as to equalize the mileage and wear and tear on these vehicles. CITY shall be responsible for replacement of revenue vehicles on a schedule that maximizes the useful life of these resources without negatively impacting service reliability or incurring excessive maintenance costs. CITY shall coordinate vehicle replacement schedule and specifications with CONTRACTOR. With prior written approval, the CITY will reimburse CONTRACTOR for the repair/replacement of engine or transmission excluding the costs of labor unless failure is due to misuse of the vehicle or failure of the CONTRACTOR to maintain the vehicle pursuant to this Contract or industry standards, whichever are more rigorous. CITY shall be responsible for all signage on the exterior of the buses. 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 furnishings, 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 to inform the public of Rosemead Transit operations and to promote ridership. City of Rosemead – Rosemead Transit Page 32 2020 Request for Proposal No. 2019-17 2.4 Fuel CITY will reimburse CONTRACTOR for fuel supplied by CONTRACTOR for use in the CITY-provided Revenue Vehicles and, with prior CITY approval, any CONTRACTOR- owned or provided vehicles which are operated in Rosemead Transit service. 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 shall adhere to any and all operating, administrative, and accounting procedures required by CITY in connection with all fueling operations. 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 related to Rosemead Transit. 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 complaint tracking 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. 2.8 Notification: Potential Interference with Rosemead Transit Operations CITY shall make a reasonable effort to notify CONTRACTOR in 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. City of Rosemead – Rosemead Transit Page 33 2020 Request for Proposal No. 2019-17 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 Transit. 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. 3.1 Operations: 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 operations, monitoring, reporting and service performance measurements. All staff, facilities, equipment other than the five (5) specified 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, curb-to-curb demand responsive transportation to senior residents of the city age 55 and above and 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. 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 paratransit 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, Thanksgiving 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. City of Rosemead – Rosemead Transit Page 34 2020 Request for Proposal No. 2019-17 A maximum of two (2) ADA-compliant paratransit vehicles will be operated in Dial-A-Ride service at peak periods. 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 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. See the current Rosemead Transit brochure for more Dial-A-Ride information. The brochure can be downloaded from the City’s website at http://www.cityofrosemead.org under “Bids and RFPs” on the City Clerk’s page. 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): 6:00 A.M. – 8:00 P.M. Weekends (Saturday and Sunday): 10:00 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://www.cityofrosemead.org under “Bids and RFPs” on the City Clerk’s page. 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 applicable federal and state statutes. CONTRACTOR shall be entitled to compensation beyond the established maximum obligation for such services at the normal rate per vehicle revenue 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 be reasonably attainable by CONTRACTOR, fair to the customer, and consistent with CITY expectations. City of Rosemead – Rosemead Transit Page 35 2020 Request for Proposal No. 2019-17 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 1. Service Productivity Dial-A-Ride: 2.4 Passenger Trips per Revenue Vehicle Hour Rosemead Explorer: 13.0 Passenger Trips per Revenue Vehicle Hour 2. Dial-A-Ride On-Time Performance 95% or better 3. Dial-A-Ride: Failure to wait a minimum of 90 seconds after on-time vehicle arrival. Zero (0) occurrences 4. Dial-A-Ride: Missed Trip [Arrival at pick-up location more than 60 minutes after the scheduled time or not at all] Zero (0) occurrences 5. Telephone Hold Times 90% of all calls shall be answered in less than 3 minutes 100% of all calls shall be answered in 5 minutes or less 5. Vehicle Cleanliness As defined in SOW 6. Driver Uniform As defined in SOW 7. Monthly Management Report Submission As defined in SOW 8. Customer Complaints No more than 3 per 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, up to and including replacement of management personnel and Termination of the Agreement. 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 the designated facility, the Project Manager may have other City of Rosemead – Rosemead Transit Page 36 2020 Request for Proposal No. 2019-17 project management responsibilities in addition to Rosemead Transit and these are to be disclosed in CONTRACTOR’S proposal. Project Manager responsibilities shall not be increased without prior written notice to and approval by the CITY. The Project Manager must have a minimum of five years’ experience in public transportation 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 be available to and 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. CITY shall be provided with the Project Manager’s cell phone number for use in emergency or accident situations only. CONTRACTOR 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 (30) days or more, the CITY may deduct the Project Manager’s compensation from CONTRACTOR’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. 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 on behalf 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, discipline, retention and termination. City of Rosemead – Rosemead Transit Page 37 2020 Request for Proposal No. 2019-17 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 abuse/alcohol abuse-testing program for all employees in safety-sensitive positions including personnel 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 with the 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 his/her 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 3.17, 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 and Title VI 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 3.5, Independent Contractor, of the AGREEMENT. 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 not their firm shall retain the employees of the prior CONTRACTOR for a 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 exempt from the payment of overtime compensation within the meaning of Subdivision (a) of Section 515 or any person who is not an 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 No. 158, the following obligations apply: City of Rosemead – Rosemead Transit Page 38 2020 Request for Proposal No. 2019-17 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, benefits, 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 RFP. 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 specific training and retraining programs for drivers and non-driving staff. The driver training program must provide a fixed minimum number of hours of training for new employees both with and without prior transit driving experience, 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 City of Rosemead – Rosemead Transit Page 39 2020 Request for Proposal No. 2019-17 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, passenger lifts and inter-lock systems, and other equipment that they 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). GPPV certification of vehicles and operators is not needed as the Dial-A-Ride only transports seniors and individuals with disabilities. CONTRACTOR shall prepare and furnish an Employee Handbook to CITY prior to initiation of service and maintain a current copy on file with the CITY throughout the term of this contract. 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; accident/incident 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 Dial-A-Ride telephone reservation lines shall be trained in customer relation skills, telephone manners, accident/incident 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. 3.8 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 service requirements and vehicle operator responsibilities. Failure to carry out these responsibilities shall result in a vehicle operator being prohibited from driving any vehicle covered by this contract, unless City of Rosemead – Rosemead Transit Page 40 2020 Request for Proposal No. 2019-17 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 legally; ▪ 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 justifying 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 the vehicle stays on schedule but never ahead of schedule; ▪ Not smoke in the vehicle and enforce no smoking rules; ▪ Enforce Rosemead passenger rules; ▪ 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; ▪ 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 driver may contact dispatch for assistance; ▪ If a passenger becomes unruly after boarding and is a threat 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; City of Rosemead – Rosemead Transit Page 41 2020 Request for Proposal No. 2019-17 • Revocation, suspension, or non-renewal of a valid California driver’s license; • Conviction of any felony criminal offense; • Unacceptable 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 and other 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 safety illness 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 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 SB-198, to CITY prior to initiation of services under this contract and shall maintain a current copy of the Program with CITY throughout the term of this contract. 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 staff, and supervisors to participate in the safety program. 3.12 Road Supervision City of Rosemead – Rosemead Transit Page 42 2020 Request for Proposal No. 2019-17 CONTRACTOR shall provide road supervision as necessary to monitor drivers and vehicles, to assist drivers in revenue service, and to respond to accidents and in-service incidents as needed during all times when Rosemead Transit vehicles are in-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 on vehicles in service, and Rosemead Explorer and Dial-A-Ride vehicles operating more than thirty (30) minutes behind promised or published schedule. All traffic accidents involving transit system vehicles, irrespective of injury, shall be reported to the Los Angeles County Sheriff or California Highway Patrol, as appropriate. CONTRACTOR will advise such agency of the accident and request a police unit to investigate the accident. The CITY’s Director of Public Works 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 and/or 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 (1) business day of such accident or incident. In the event of an accident or incident that results in property damage or loss only, CONTRACTOR shall notify the CITY in writing within 1 business day of the event and provide a written report within three (3) business days. All Comments and Complaints regarding Rosemead Transit services shall be received by CITY, recorded in the complaint tracking system, and a copy of each complaint transmitted to the CONTRACTOR within one business day of receipt. CONTRACTOR shall investigate all complaints and, within ten (10) business days of the initial report, send the CITY a summary of the investigation’s findings and the actions taken to resolve any valid issue. 3.14 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, requests for same- day and immediate service requests and of integrating all trip requests 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 and the equipment to be provided in the dispatch office and transit vehicles. The current and prior contractors have both used Trapeze software. City of Rosemead – Rosemead Transit Page 43 2020 Request for Proposal No. 2019-17 CONTRACTOR shall also create and maintain a Daily Dispatch Log to record vehicles in service by time, operator assignments, breaks/lunches, in-service events and other notable occurrences. This Log may be in either hard-copy or electronic format and must be approved by CITY prior to service initiation. The completed Log for each service day must be retained by CONTRACTOR throughout the term of this contract and any extensions thereof, and will be made available to the CITY upon request. 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 3.3]. These staff shall also be responsible for maintaining radio control with all vehicles in service and for maintaining the daily dispatch log. Dispatch shall be staffed to answer telephones and monitor radio traffic at all times that Rosemead Transit vehicles are in service. 3.15 Vehicles and Equipment CONTRACTOR shall provide all vehicles (other the specified five (5) revenue vehicles to be provided by CITY) 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: 3.15.1 Inspection and Transfer of City-Provided Revenue Vehicles At a mutually-agreed upon time and place, incoming CONTRACTOR and current CONTRACTOR will jointly conduct an inspection of each CITY-owned revenue vehicle to identify any defects, damages, and deferred maintenance excluding normal wear and tear. The inspection reports shall be provided to CITY, which shall review and mediate any differences of opinion as to defects, damages or deferred maintenance to be corrected by current CONTRACTOR. 3.15.2 Non-Revenue Vehicles CONTRACTOR shall provide all non-revenue 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. 3.15.3 Additional Revenue Vehicles Should CONTRACTOR believe that additional transit service vehicles are needed over the five to be provided by CITY, CONTRACTOR may propose to provide additional vehicles, in which case the proposal should clearly state, at a minimum, the year of manufacture, make, model, passenger capacity, and fuel of the vehicle(s) to be provided and clear state the justification for these additional vehicles. All vehicles must be ADA compliant. City of Rosemead – Rosemead Transit Page 44 2020 Request for Proposal No. 2019-17 3.15.4 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. 3.15.5 On-Board Camera Systems CONTRACTOR shall maintain the on-board REI Model HD800 camera systems which are installed in the five (5) CITY-provided revenue vehicles. Each vehicle system includes 8 cameras, audio, day/night operational capability and a GPS location capability. The CONTRACTOR will be provided with two (2) replacement hard drive units and any specialized software needed to view the digital recordings. Recordings shall be retained for a minimum period of 60 days before being recorded over. 3.15.6 Fareboxes All CITY-owned Revenue Vehicles used in Rosemead Transit service, including back- up vehicles, will be provided with Diamond Model D fareboxes and two (2) vaults for each farebox. All fareboxes and vaults shall be maintained by CONTRACTOR. 3.16 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 the 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 concurrently 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 may be appropriate. City of Rosemead – Rosemead Transit Page 45 2020 Request for Proposal No. 2019-17 3.17 Telephone Reservation and Information System CONTRACTOR shall provide telephone equipment and all telephone information and dispatch personnel necessary to effectively respond to incoming calls at a quality 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 callers speaking Mandarin, Cantonese, Spanish and Vietnamese during all hours when Dial-A-Ride reservations may be made. An answering machine shall be available for recording trip cancellations for the Dial-A-Ride service when the administrative and dispatch offices are closed. 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 installed in each vehicle. CONTRACTOR will collect or otherwise process in the manner directed by CITY all non-cash fares (transfers, passes and like). All fares collected are the sole property of CITY. City of Rosemead – Rosemead Transit Page 46 2020 Request for Proposal No. 2019-17 CONTRACTOR shall, in accordance with a procedure specified by CITY, account for revenues collected on Rosemead Transit vehicles and deposit such revenues on a 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 Ticket 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. Any duly authorized representative(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. o And any other data as directed by CITY or Metro. City of Rosemead – Rosemead Transit Page 47 2020 Request for Proposal No. 2019-17 Information concerning vehicle activity shall be collected daily on the Dial-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, weekdays, 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. 3.20.3 Reporting 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 10th business day of the following month. The Monthly Management Report shall 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 year-to-date cumulative 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 Rider 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 (1) day of receipt. Staff shall note on each application the 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 advertising and/or 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 City of Rosemead – Rosemead Transit Page 48 2020 Request for Proposal No. 2019-17 the CITY by making available needed equipment, facilities, and reason levels of 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. 3.23 ADA Compliance In performance on this agreement, CONTRACTOR shall ensure compliance at all times with the Provision of Service requirements of the Americans with Disabilities Act [37 CFR Subpart G, Sections 37.161 through 37.167] including, but not limited to: ▪ Maintenance of accessible features; ▪ Keeping vehicle lifts in operative condition; ▪ Lift and securement use; ▪ 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; ▪ Permitting service animals to accompany individuals with disabilities in vehicles and facilities; ▪ Making available adequate information 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 ▪ 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 Page 49 2020 Request for Proposal No. 2019-17 3.24 Emergencies; Natural 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 from the CITY, CONTRACTOR shall follow directions of appropriate law enforcement/emergency management agencies. To the extent CITY requires CONTRACTOR to provide such emergency services, CONTRACTOR shall be relieved of the obligation to fulfill the duties 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 such 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-board 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 facilities and such other components, and services which may be required to fulfill its maintenance responsibilities, at CONTRACTOR’S sole cost and expense. 4.2 Maintenance and Operations Facility 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 following requirements to support the maintenance of Rosemead Transit vehicles: City of Rosemead – Rosemead Transit Page 50 2020 Request for Proposal No. 2019-17 • All tools and equipment necessary to perform periodic repairs and the preventive maintenance activities for propane powered vehicles. • All tools and equipment necessary to perform periodic service and adjustments and make mechanical repairs. • Facilities and equipment necessary to clean the vehicles and equipment in accordance with the specifications. • Propane storage and fueling equipment. 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 duties and 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 propane and 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 Manager, 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 5 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 employ 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 – Rosemead Transit Page 51 2020 Request for Proposal No. 2019-17 • 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 maintenance 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. 4.5 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. • Brake inspections and adjustments shall be performed at 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 hydraulic systems shall be maintained in 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 of the vehicle. • Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to insure that the passenger compartment temperature is comfortably maintained under all climatic conditions at all times on all in-service hours. City of Rosemead – Rosemead Transit Page 52 2020 Request for Proposal No. 2019-17 CONTRACTOR shall maintain the A/C 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 Driver’s 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 1215(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 CVC, without exception. There is no legal provision 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”. 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 is so 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. 4.7 Daily Vehicle Servicing CONTRACTOR 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: • Fueling • Engine oil, coolant, water and transmission fluid check/add • 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 written checklist of items including in the daily servicing of each vehicle. The checklist shall be utilized and kept City of Rosemead – Rosemead Transit Page 53 2020 Request for Proposal No. 2019-17 on file for CITY and California Highway Patrol review. This checklist requirement may incorporate or supplement CHP required driver’s pre-trip safety inspections. 4.8 Vehicle Cleaning CONTRACTOR shall maintain Rosemead Transit vehicles in a clean and neat condition at all times. The interior of all vehicles shall be kept free of litter and debris to the maximum practicable extent throughout the operating day. Vehicles shall 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 and dirt shall be 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 maintain 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, bumper 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 free of vermin and insects at all times. CONTRACTOR shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe and non-hazardous materials. CONTRACTOR shall perform 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 interior 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 all 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 Page 54 2020 Request for Proposal No. 2019-17 4.9 Fuel 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 identify and utilize fuel vendors with the best possible cost to CITY while minimizing deadhead mileage incurred in fueling operations. 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 shall maintain accurate records of all fuel utilized for fueling Rosemead Transit revenue vehicles. On a monthly basis, CONTRACTOR shall invoice CITY 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 Air Resources Board (CARB) 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 testing, 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 City of Rosemead – Rosemead Transit Page 55 2020 Request for Proposal No. 2019-17 maintained by CONTRACTOR that are used in this project using both CITY personnel 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 the following conditions are found: • Brakes out of adjustment • Loose steering components • Wheelchair lift and related equipment not functioning properly • 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 2/32” • 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 Exits/Doors/Windows • Inoperable two-way radio • Inoperable farebox • Failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343) • Removal from road-worthy 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, at its 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 equipment maintenance. Maintenance records shall be maintained on all vehicles indicating all City of Rosemead – Rosemead Transit Page 56 2020 Request for Proposal No. 2019-17 warranty work, preventive maintenance, and repairs performed on each vehicle. All such records and reports shall be prepared and maintained in such a manner so as to fulfill 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 and/or 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 when requested. In the event that the CONTRACTOR is instructed by CITY or any other regulatory agency to remove 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 • Work orders for all maintenance inspections, warranty repairs and other vehicle repairs including materials, parts and labor consumed. • Road call reports, or work order, for each road call identifying date and time, vehicle number, problem and mileage of vehicle. • Monthly vehicle summary to be included as part of the Monthly Management Report, listing, at a minimum, 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 consumption 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 (CHP) 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 Page 57 2020 Request for Proposal No. 2019-17 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. 4.15 Vehicle Maintenance Record Keeping CONTRACTOR shall maintain an up-to-date vehicle file for each vehicle containing, at a minimum, the following information: • Make • Model • 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 required 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 which include, but will not be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §§1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1471 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 through 2629; and the Safe Drinking Water Act, 42 U.S.C. §§ 300f through 300j; as they have been or will be amended from time to City of Rosemead – Rosemead Transit Page 58 2020 Request for Proposal No. 2019-17 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 disposal of all Hazardous Substances in accordance with Applicable Environmental Laws, including without limitation, all lubricants, solvents, motor oil and other petroleum products. CONTRACTOR shall only dispose of such materials at facilities which are permitted or licensed in accordance with Applicable Environmental Laws. Furthermore, 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 its employees and any subcontractors who handle Hazardous Substances and shall retain records regarding compliance with the responsibilities contained herein. VII. REQUIRED FORMS The following forms must be completed, properly executed, and included in each Proposal in order for that Proposal to be valid. Missing, incomplete or unexecuted forms may render a Proposal noncompliant and cause that Proposal to be rejected for cause. The forms appearing here will also be provided in Microsoft Word or Excel on the City’s website to expedite proposal preparation. Form A. Rosemead Transit Cost Proposal [Pages1-3] – Included in Section IV Cost Proposal Form B. Contractor Contact Information Form C. Addenda Acknowledgement Form D. Non-Collusion Affidavit for Contractor Form E. References Form F. Drug-Free Workplace Certification City of Rosemead – Rosemead Transit Page 59 2020 Request for Proposal No. 2019-17 FORM B CONTRACTOR CONTACT INFORMATION Contractor Firm Name: Authorized Representative Name: Authorized Representative Title: Telephone Number: Email Address: Secondary Contact Name: Secondary Contact Title: Telephone Number: Email Address: Is Firm a qualified DBE? No Yes, Qualifying Agency: Annual Dollar value of participation: $ Subcontractors to Contractor Firm Name: Address: City, State, Zip Authorized Representative Name: Authorized Representative Title: Telephone Number: Email Address: Work to be performed: Is Firm a qualified DBE? No Yes, Qualifying Agency: Annual Dollar value of participation: $ Firm Name: Address: City, State, Zip Authorized Representative Name: Authorized Representative Title: Telephone Number: Email Address: Work to be performed: Is Firm a qualified DBE? No Yes, Qualifying Agency: Annual Dollar value of participation: $ Attach additional pages as necessary. City of Rosemead – Rosemead Transit Page 60 2020 Request for Proposal No. 2019-17 FORM C ADDENDA ACKNOWLEDGEMENT FORM CONTRACTOR: __________________________________ CONTRACTOR acknowledges that it has received and read the following Addenda: Addendum # ________________________ Signature __________________________ Addendum # _______________________ Signature __________________________ Addendum # _______________________ Signature _________________________ Addendum # _______________________ Signature _________________________ Addendum # _______________________ Signature _________________________ City of Rosemead – Rosemead Transit Page 61 2020 Request for Proposal No. 2019-17 FORM D NON-COLLUSION AFFIDAVIT FOR CONTRACTOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES _____________________________________________________ declares and says: 1. That he/she is the (owner, partner, representative, or agent) of _______________________________________________, hereinafter referred to as (CONTRACTOR) or (subcontractor). 2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Rosemead, State of California. 3. That his/her proposal is genuine, and is not collusive or a sham proposal. 4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other CONTRACTOR, firm, or person to submit a collusive or sham proposal in connection with such contract, or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other CONTRACTOR, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against City, or any person interested in the proposed contract; and, 5. That the price or prices quoted in the proposal are fair and proper, and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the CONTRACTOR, or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Dated this ______ day of ________, 2020, at___________________, California. Signed: ____________________________ Title: ____________________________ City of Rosemead – Rosemead Transit Page 62 2020 Request for Proposal No. 2019-17 FORM E REFERENCES Contractor’s Name______________________________ Please list a minimum of at least four references of similar size and type of transit services, including governmental agencies, if available. Reference 1 AGENCY/COMPANY NAME: _____________________________________________ ADDRESS: ____________________________________________________________ CONTACT PERSON: _________________________________ EMAIL ADDRESS: ___________________________________ PHONE NUMBER: ________________ LENGTH OF CONTRACT: ________________YEARS NUMBER OF VEHICLES OPERATED: ______ DESCRIPTION OF SERVICES PROVIDED: Reference 2 AGENCY/COMPANY NAME: _____________________________________________ ADDRESS: ____________________________________________________________ CONTACT PERSON: _________________________________ EMAIL ADDRESS: ___________________________________ PHONE NUMBER: ________________ LENGTH OF CONTRACT: ________________YEARS NUMBER OF VEHICLES OPERATED: ______ DESCRIPTION OF SERVICES PROVIDED: City of Rosemead – Rosemead Transit Page 63 2020 Request for Proposal No. 2019-17 Reference 3 AGENCY/COMPANY NAME: _____________________________________________ ADDRESS: ____________________________________________________________ CONTACT PERSON: _________________________________ EMAIL ADDRESS: ___________________________________ PHONE NUMBER: ________________ LENGTH OF CONTRACT: ________________YEARS NUMBER OF VEHICLES OPERATED: ______ DESCRIPTION OF SERVICES PROVIDED: Reference 4 AGENCY/COMPANY NAME: _____________________________________________ ADDRESS: ____________________________________________________________ CONTACT PERSON: _________________________________ EMAIL ADDRESS: ___________________________________ PHONE NUMBER: ________________ LENGTH OF CONTRACT: ________________YEARS NUMBER OF VEHICLES OPERATED: ______ DESCRIPTION OF SERVICES PROVIDED: City of Rosemead – Rosemead Transit Page 64 2020 Request for Proposal No. 2019-17 FORM F CITY OF ROSEMEAD ROSEMEAD TRANSIT DRUG-FREE WORKPLACE CERTIFICATION COMPANY/ORGANIZATION NAME The contractor named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355 9b), to inform employees about all the following: (a) The dangers of drug abuse in the workplace, (b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355 (c), that every employee who works on the proposed contract: (a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN THE COUNTY OF: CONTRACTOR SIGNATURE: TITLE: FEDERAL I.D. NUMBER: City of Rosemead – Rosemead Transit Page 65 2020 Request for Proposal No. 2019-17 ATTACHMENTS A Draft Agreement B Operating & Financial Data and Performance Indicators C Summary of Present Hourly Employee Positions, Wage Ranges and Benefits ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT MANAGEMENT AND OPERATION OF ROSEMEAD TRANSIT SYSTEM (CONTRACTOR) 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of _____________, 20___ (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 (Contractor) with its principal place of business at (Address) (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 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. 3. TERMS. 3.1 Scope of Services 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 particularly described in Exhibit “A” attached hereto and City of Rosemead – Rosemead Transit Page 67 2020 Request for Proposal No. 2019-17 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 Term: The term of this Agreement shall be from the May 1, 2020 through April 30, 2023 unless earlier terminated as provided herein. The City shall maintain the option to extend the contract for one additional two-year term. 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. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. 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, City of Rosemead – Rosemead Transit Page 68 2020 Request for Proposal No. 2019-17 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: Contractor will 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 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 City of Rosemead – Rosemead Transit Page 69 2020 Request for Proposal No. 2019-17 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 (Amount Written) ($Amount Numeric) plus the cost of fuel. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in 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 45 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 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 City of Rosemead – Rosemead Transit Page 70 2020 Request for Proposal No. 2019-17 execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 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 Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Independent Contractor: Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility. 3.5.2 Termination of Agreement. 3.5.2.1 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 seven (7) 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, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.2.2 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. 3.5.2.3 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. 3.5.3 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 City of Rosemead – Rosemead Transit Page 71 2020 Request for Proposal No. 2019-17 other address as the respective parties may provide in writing for this purpose: CONTRACTOR: (Contractor) (Address) (City, State, Zip) Attn: (Principal) Phone: (Contact) 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 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. 3.5.4 Ownership of Materials and Confidentiality. 3.5.4.1 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 under this Agreement (“Documents & Data”). 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. 3.5.4.2 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 of Rosemead – Rosemead Transit Page 72 2020 Request for Proposal No. 2019-17 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. 3.5.5 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. 3.5.6 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. 3.5.7 Indemnification: To the fullest extent permitted by law, 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. 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. 3.5.8 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. 3.5.9 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. City of Rosemead – Rosemead Transit Page 73 2020 Request for Proposal No. 2019-17 3.5.10 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.11 City’s Right to Employ Other Contractors: City reserves right to employ other Contractors in connection with this Project. 3.5.12 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.13 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. 3.5.14 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 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. 3.5.15 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.16 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. 3.5.17 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.18 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. 3.5.19 Prohibited Interests: Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee City of Rosemead – Rosemead Transit Page 74 2020 Request for Proposal No. 2019-17 working solely for Contractor, to solicit or 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 under state 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. 3.5.20 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. City of Rosemead – Rosemead Transit Page 75 2020 Request for Proposal No. 2019-17 CITY OF ROSEMEAD (CONTRACTOR) By: By: Jeff Allred, City Manager Date Date Name: Attest: Title: Gloria Molleda, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: _________________ _____ Date Name: ______________________ Rachel H. Richman Date City Attorney Title: _______________________ City of Rosemead – Rosemead Transit Page 76 2020 Request for Proposal No. 2019-17 EXHIBIT A SCOPE OF SERVICES ENCUMBERS CITY ISSUED REQUEST FOR PROPOSAL DOCUMENTS AND CONTRACTOR’S PROPOSAL FOR SERVICES City of Rosemead – Rosemead Transit Page 77 2020 Request for Proposal No. 2019-17 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 or endorse 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. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. 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. 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) if used to meet limit City of Rosemead – Rosemead Transit Page 78 2020 Request for Proposal No. 2019-17 requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence. 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 VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. 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 comply with this Agreement shall 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 City of Rosemead – Rosemead Transit Page 79 2020 Request for Proposal No. 2019-17 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, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 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 such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 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 agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or City of Rosemead – Rosemead Transit Page 80 2020 Request for Proposal No. 2019-17 deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. City of Rosemead – Rosemead Transit Page 81 2020 Request for Proposal No. 2019-17 18. 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. 19. 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. 20. 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. 21. 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. 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. City of Rosemead – Rosemead Transit Page 82 2020 Request for Proposal No. 2019-17 ATTACHMENT B ROSEMEAD TRANSIT OPERATING & FINANCIAL DATA FY 2017 – FY 2019 City of Rosemead – Rosemead Transit Page 83 2020 Request for Proposal No. 2019-17 FISCAL YEAR 2016-2017 DIAL-A-RIDE Month Total PassengersRevenue Hours Revenue Miles Total Vehicle HoursTotal Vehicle Miles Fare Jul-16 936 383 3,569 513 4,502 429.50$ Aug-16 946 383 3,482 489 4,309 436.50$ Sep-16 941 388 3,557 480 4,360 445.50$ Quarter 1 Sub Totals 2,823 1,154 10,608 1,482 13,171 1,311.50$ Oct-16 896 364 3,603 436 4,218 424.50$ Nov-16 697 344 3,106 434 3,853 325.50$ Dec-16 650 343 3,049 431 3,755 301.00$ Quarter 2 Sub Totals 2,243 1,051 9,758 1,301 11,826 1,051.00$ Jan-17 693 342 2,982 440 3,689 318.00$ Feb-17 685 322 2,871 416 3,510 307.00$ Mar-17 733 355 2,970 451 3,805 315.50$ Quarter 3 Sub Totals 2,111 1,019 8,823 1,307 11,004 940.50$ Apr-17 779 323 3,157 415 3,799 336.50$ May-17 798 350 3,353 433 4,035 343.50$ Jun-17 833 358 3,496 433 4,133 364.00$ Quarter 4 Sub Totals 2,410 1,031 10,006 1,281 11,967 1,044.00$ Annual Total 9,587 4,255 39,195 5,371 47,968 4,347.00$ EXPLORER Month Total PassengersRevenue Hours Revenue Miles Total Vehicle HoursTotal Vehicle Miles Fare Jul-16 8,747 750 9,850 777 10,102 2,193.50$ Aug-16 9,275 791 10,285 833 10,564 2,394.50$ Sep-16 7,922 745 9,552 779 9,873 1,996.00$ Quarter 1 Sub Totals 25,944 2,286 29,687 2,389 30,539 6,584.00$ Oct-16 5,989 741 9,526 779 9,779 1,798.50$ Nov-16 7,286 732 9,259 760 9,497 1,862.50$ Dec-16 7,197 756 9,296 789 9,549 1,831.50$ Quarter 2 Sub Totals 20,472 2,229 28,081 2,328 28,825 5,492.50$ Jan-17 5,983 748 9,622 777 9,863 1,405.00$ Feb-17 5,739 694 8,997 720 9,216 1,462.50$ Mar-17 7,133 768 9,766 793 10,047 1,713.00$ Quarter 3 Sub Totals 18,855 2,210 28,385 2,290 29,126 4,580.50$ Apr-17 6,796 726 9,323 757 9,569 1,645.50$ May-17 6,766 762 9,601 790 9,869 1,618.50$ Jun-17 6,803 738 9,394 770 9,660 1,564.00$ Quarter 4 Sub Totals 20,365 2,226 28,318 2,317 29,098 4,828.00$ Annual Total 85,636 8,951 114,471 9,324 117,588 21,485.00$ Overall Total 95,223 13,206 153,666 14,695 165,556 25,832.00$ City of Rosemead – Rosemead Transit Page 84 2020 Request for Proposal No. 2019-17 FISCAL YEAR 2017-2018 DIAL-A-RIDE Month Total PassengersRevenue Hours Revenue Miles Total Vehicle HoursTotal Vehicle Miles Fare Jul-17 735 348 3,414 421 4,048 339.00$ Aug-17 893 373 3,947 448 4,604 402.50$ Sep-17 845 375 3,629 446 4,299 383.50$ Quarter 1 Sub Totals 2,473 1,096 10,990 1,315 12,951 1,125.00$ Oct-17 848 369 3,811 445 4,535 378.50$ Nov-17 864 352 3,777 415 4,424 398.00$ Dec-17 746 355 3,226 435 4,098 339.00$ Quarter 2 Sub Totals 2,458 1,076 10,814 1,295 13,057 1,115.50$ Jan-18 685 344 3,210 307 3,997 315.02$ Feb-18 751 410 3,124 385 3,840 352.00$ Mar-18 772 365 3,512 448 4,253 364.50$ Quarter 3 Sub Totals 2,208 1,119 9,846 1,140 12,090 1,031.52$ Apr-18 668 364 3,412 430 4,255 316.50$ May-18 809 386 3,958 452 4,600 376.50$ Jun-18 830 375 3,921 436 4,538 382.50$ Quarter 4 Sub Totals 2,307 1,125 11,291 1,318 13,393 1,075.50$ Annual Total 9,446 4,416 42,941 5,068 51,491 4,347.52$ EXPLORER Month Total PassengersRevenue Hours Revenue Miles Total Vehicle HoursTotal Vehicle Miles Fare Jul-17 6,657 737 9,295 765 9,538 1,558.50$ Aug-17 6,674 785 9,861 806 10,100 1,616.50$ Sep-17 6,025 728 9,354 756 9,587 1,451.00$ Quarter 1 Sub Totals 19,356 2,250 28,510 2,327 29,225 4,626.00$ Oct-17 5,519 769 9,792 796 10,048 1,462.00$ Nov-17 5,352 740 9,548 765 9,763 1,563.50$ Dec-17 5,779 740 9,327 769 9,559 1,734.00$ Quarter 2 Sub Totals 16,650 2,249 28,667 2,330 29,370 4,759.50$ Jan-18 5,364 757 9,908 770 10,145 1,533.00$ Feb-18 4,894 675 8,723 709 9,038 1,325.75$ Mar-18 5,082 778 10,103 811 10,327 1,440.00$ Quarter 3 Sub Totals 15,340 2,210 28,734 2,290 29,510 4,298.75$ Apr-18 5,587 929 10,018 773 9,992 1,542.50$ May-18 5,448 781 10,455 804 10,711 1,546.50$ Jun-18 5,498 743 9,936 772 10,182 1,578.50$ Quarter 4 Sub Totals 16,533 2,453 30,409 2,349 30,885 4,667.50$ Annual Total 67,879 9,162 116,320 9,296 118,990 18,351.75$ Overall Total 77,325 13,578 159,261 14,364 170,481 22,698.52$ FISCAL YEAR 2018-2019 City of Rosemead – Rosemead Transit Page 85 2020 Request for Proposal No. 2019-17 DIAL-A-RIDE Month Total PassengersRevenue Hours Revenue Miles Total Vehicle HoursTotal Vehicle Miles Fare Jul-18 824 383 3,895 450 4,542 373.50$ Aug-18 816 395 4,030 462 4799 370.50$ Sep-18 707 361 3,532 421 4,202 333.50$ Quarter 1 Sub Totals 2,347 1,139 11,457 1,333 13,543 1,077.50$ Oct-18 780 386 3,991 453 4,610 358.25$ Nov-18 682 328 3,446 431 4,032 317.00$ Dec-18 645 350 3,238 425 3,909 295.50$ Quarter 2 Sub Totals 2,107 1,064 10,675 1,309 12,551 970.75$ Jan-19 715 370 3,439 439 4,111 329.50$ Feb-19 577 371 3,185 460 4,132 284.93$ Mar-19 594 391 3,418 504 4,668 424.86$ Quarter 3 Sub Totals 1,886 1,132 10,042 1,403 12,911 1,039.29$ Apr-19 669 390 3,412 508 4,701 455.28$ May-19 637 385 2,990 491 4,309 378.22$ Jun-19 622 380 3,499 485 4,720 435.90$ Quarter 4 Sub Totals 1,928 1,155 9,901 1,484 13,730 1,269.40$ Annual Total 8,268 4,490 42,075 5,529 52,735 4,356.94$ EXPLORER Month Total PassengersRevenue Hours Revenue Miles Total Vehicle HoursTotal Vehicle Miles Fare Jul-18 5,307 766 10,114 795 10,354 1,533.50$ Aug-18 6,199 797 10,370 828 10,806 1,811.50$ Sep-18 5,106 717 9,400 751 9,672 1,440.00$ Quarter 1 Sub Totals 16,612 2,280 29,884 2,374 30,832 4,785.00$ Oct-18 5,618 793 10,479 817 10,729 1,682.50$ Nov-18 5,396 745 9,673 768 9,904 1,641.00$ Dec-18 5,288 718 9,316 754 9,585 1,716.50$ Quarter 2 Sub Totals 16,302 2,256 29,468 2,339 30,218 5,040.00$ Jan-19 4,695 760 10,024 804 10,257 1,424.50$ Feb-19 3,473 702 8,978 750 9,628 1,124.44$ Mar-19 4,577 770 9,493 836 10,927 1,197.74$ Quarter 3 Sub Totals 12,745 2,232 28,495 2,390 30,812 3,746.68$ Apr-19 4,741 772 9,706 857 11,272 1,355.84$ May-19 5,078 802 10,430 890 11,910 1,501.34$ Jun-19 3,419 740 8,798 823 9,334 1,360.56$ Quarter 4 Sub Totals 13,238 2,314 28,934 2,570 32,516 4,217.74$ Annual Total 58,897 9,082 116,781 9,673 124,378 17,789.42$ Overall Total 67,165 13,572 158,856 15,202 177,113 22,146.36$ City of Rosemead – Rosemead Transit Page 86 2020 Request for Proposal No. 2019-17 The wages and benefits paid to certain employees of the MV Transportation, Inc. (MV) County of Los Angeles operation are governed by a collective bargaining agreements (CBAs) with Teamsters Local 848. The applicable CBAs are attached. The bargaining unit includes all full‐time and regular part‐time drivers, mechanics, dispatchers, utility workers, parts clerks and road supervisors. The current collective bargaining agreement (CBA) expires June 30, 2020 and as a result wages and benefits are expected to increase in the new term. ATTACHMENT C SUMMARY OF PRESENT HOURLY EMPLOYEE POSITIONS, WAGE RANGES AND BENEFITS IMPORTANT NOTE AND DISCLAIMER ANNUAL SAFETY BONUS: Operators with good attendance that work (12) twelve consecutive months without committing an unsafe act or chargeable accident receive a $200 annual safety bonus. PAID HOLIDAYS: Qualifying employees service shall receive (7) seven paid holidays. Employees who work on a recognized holiday receive holiday pay plus straight time for all hours worked. PAID SICK LEAVE: Employees shall receive three (3) sick days (24 hours) of sick leave each year in accordance with the California Paid Sick Leave Act. OVERTIME PAY: Drivers who make more than 30% above state minimum wage shall be paid time and one half for all hours worked in excess of forty (40) hours per week. Those drivers who make less than 30% above state minimum wage will be paid overtime for hours in excess of (8) per day. Road supervisors and dispatchers are eligible for overtime after for all hours actually worked in excess of forty (40) hours per week and/or over 10 hours per day (4/10) or 8 hours per day (5/8). PAID TIME OFF (PTO): Employees hired before 12/3/2017 shall receive their accrued vacation allotment on July 1st of each year of this agreement. Employees hired after 12/3/2017 shall receive their accrued vacation allotment on their anniversary date in each year of this agreement: Drivers After 12 Months 40 hours After 36 Months 80 hours After 180 Months 120 hours * Starting 5/1/2020 **After 144 Months 120 hours are earned * Starting 5/1/2020 **After 240 Months 160 hours are earned Supervisors, Dispatchers, Mechanics and Utility After 12 Months 40 hours After 36 Months 80 hours After 120 Months 120 hours * Starting 5/1/2020 **After 240 Months 160 hours are earned MEDICAL BENEFITS: The Company shall provide HDHP group health, group dental and group vision insurance for all qualified employees. Beginning 6/1/2018, the employee/employer cost sharing for medical, dental and vision shall be as follows): Plan Tier Employer Employee Employee Only 80% 20% Employee +1 60% 40% Employee + Family 60% 40% City of Rosemead – Rosemead Transit Page 87 2020 Request for Proposal No. 2019-17 Beginning 6/1/2020, the employee/employer cost sharing for medical, dental and vision shall be as follows (Mechanics and Utility personnel in parenthesis): Plan Tier Employer Employee Employee Only 90% (90%) 10% (10%) Employee +1 70% (60%) 30% (40%) Employee + Family 70% (60%) 30% (40%) PAID BEREAVEMENT LEAVE: Employees will be eligible for up to (3) three days of bereavement leave paid (8) eight hours at the employee’s straight time hourly rate of pay. JURY DUTY: All full-time employees are paid 8 hours of paid leave for Jury Duty. 401 (k) PLAN: The company will offer an optional program for the employees. Teamsters Pension Plan: The company shall contribute at the rates below per hour to the Teamster Pension Fund, for each hour worked by the employees under this agreement. Upon Ratification: 0.10 per hour 7/1/18: 0.25 per hour 1/1/20: 0.50 per hour MV Transportation Rosemead Shuttle Services As of 7/1/19 (Excludes Exempt Employees) Position Status (FT/PT) Seniority Date Current Pay Rate Jan 2020 Rate Operator Regular Full-Time 1/19/19 $15.05 $15.65 Operator Regular Full-Time 8/7/18 $13.75 $14.75 Operator Regular Full-Time 2/1/19 $13.50 $14.50 Operator Regular Full-Time 7/1/19 $13.50 $14.50 Operator Regular Full-Time 1/19/19 $15.05 $15.65 Operator Regular Full-Time 7/1/19 $13.50 $14.50 Operator Regular Full-Time Open $13.50 $14.50 Operator Regular Full-Time Open $13.50 $14.50 5 A Level Mechanic Regular Full-Time 6/1/1999 $32.00 $33.00 Utility Worker Regular Full-Time 11/19/2013 $13.00 $14.00 Road Supervisor Regular Full-Time 8/7/18 $14.50 $15.50 Road Supervisor Regular Full-Time 8/27/14 $15.05 $15.05 Dispatcher Regular Full-Time 5/26/00 $18.45 $18.45 Dispatcher Regular Full-Time 6/1/2002 $14.50 $15.50