The URL can be used to link to this page

2200 - First Transit, Inc. - Management & Operation of Rosemead Transit SystemFIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT AND OPERATION OF ROSEMEAD TRANSIT SYSTEM (FIRST TRANSIT, INC.) This FIRST AMENDMENT ("Amendment") is made and entered into this � day of 20Z� ("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 East Valley Blvd., Rosemead, California 91770 ("City") and First Transit, Inc., with its principal place of business at 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on March 31. 2020, for the Management and Operation of Rosemead Transit System (the "Agreement"); and WHEREAS, this Agreement is set to expire on March 31. 2023 ; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for approximately two years. NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3 " Terms " shall be amended to read: 3.1.2 Term. The term of this Agreement shall be extended for an additional two year term from March 31, 2023 to March 31, 2025, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Letter of Extension dated February 8, 2023, attached hereto and incorporated herein by reference. The total annual compensation shall not exceed the following amounts plus documents cost of fuel used for Rosemead Transit vehicles: Extension Year One: One Million One Hundred Seventy -Six Thousand Ninety -Eight Dollars ($1,176,098) plus One Hundred Thirty -Five Thousand Two Dollars ($135,002) for a total annual cost of One Million Three Hundred Eleven Thousand One Hundred Dollars ($1,311,100.00). Extension Year Two: One Million Two Hundred Seventy -Six Thousand Fifty -Four Dollars ($1,276,054) plus One Hundred Forty -One Thousand Seven Hundred Fifty -Two Dollars ($141,752) for a total annual cost of One Million Four Hundred Seventeen Thousand Eight Hundred Six Dollars ($1,417,806.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this agreement. CITY OF ROSEMEAD �/ Z Ben Kim, City Manager Da e Attest: - I - - k�� 23 Ericka Hernandez, City Clerk Date • FIRST TRANSIT, INC. Title: CE -O [If Corporation, TWO SIGNATURES, Pres President AND Se CORPORATE SEAL CONTRACTOR REG A A& . 1%9 Approved as to Form: ?�A1 Name:4�'W Rachel Richman, City Attorney Date Title: J A� a CERTIFICATE OF LIABILITY INSURANCE ffYM Dosi2712023D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA LLC. 540 W. MADISON CONTACT NAME IAIC NQ Exit i PHONE FAX AC No: E4AIL ADDRESS: CHICAGO, IL 60661 INSURER(S) AFFORDING COVERAGENAIC# 119445 INSURER A: National Union Fire Insurance Company CN101958462-FT-GAWU-23-24 INSURED First Transit Inc INSURER B : AIU Insurance Company 19399 INSURER c :ACE Property and Casualty Insurance Company 20699 720 E. Butterfield Road INSURER D: Certain Underwriters at Lloyds 524126 Suite 300 Lombard, IL 60148 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: CHI -010271386-07 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MWDCY EFF MWODY� LIMITS A X COMMERCIAL GENERAL LIABILITY :.9584172. 0710112023 0711112024 EACH OCCURRENCE $ 10,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occunence $ 5,000,000 MED EXP (Anyone person) 8 PERSONAL a ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 10,000,000 X POLICY [:] ECC LOC JT S OTHER: A AUTOMOBILE LIABILITY 17281162 (AOS) 07/0112023 0711112024 COMBINED SINGLE LIMIT $ 5,000,000 Ea accident BODILY INJURY (Per person) $ 8 X ANY AUTO 7281180 (MA) 07/0112023 07/0112024 A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I 17281161 IVA) 0710112023 07/01/2024 BODILY INJURY (Par accident) $ -PROPERTY -DAMAGE $ Per accident 107/01/2024 X UMBRELLALIAB X OCCUR XEU 6725571472002 04/01/2023 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB I CLAIMS -MADE DED RETENTION$ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROIMEMB REXC UDEDI ECUTIVE (OFFICMand wM in NERExcwoe0? ❑N (Mandatory In NH) NIA 0158250201AOS) 1.015825022 Retro - WI ( ) ,015825021 CA Only)10711112023 i ( '07/0112023 710112024 07I01I2023 0711112024 07/0112024 X PER STATUTE ER E.L. EACH ACCIDENT $ 5,000,000 E.L. DISEASE -EA EMPLOYEE $ 5,000,000 E. L. DISEASE -POLICY LIMIT $ 5,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Excess Auto 80509BOWCN2350464 03106/2023 103106/2026 I Limit(zs primary Auto $5M) 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) RE'. Municipal Diala-Ritle and fixed route bus service for the City of Rosemead, CA. City of Rosemead its officials, employees and agents are included as additional insured with respect to General Liability where required by written contract. This insurance is primary and noncontributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract Waiver of subrogation is applicable where required by written contract. Contractual Liability and Sexual Abuse and Molestation Coverage are included under the General Liability Policy. CERTIFICATE HOLDER CANCELLATION City of Rosemead SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Chris Dasle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Director of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E. Valley Blvd. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE //LR1LQsL 2tS�f �%sLC. ©1968.2016 ACORD CORPORATION. All rights reservea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 958-41-72 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (a): ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 /�� I® CERTIFICATE OF LIABILITY INSURANCE D06127/2023 YYYn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCT MARSH USA LLC. 540 W. MADISON NAME: PHONE FAX AIC, No), E-MAIL ADDRESS: CHICAGO, IL 60661 INSURERS AFFORDING COVERAGE NAICY INSURER A: National Union Fire Insurance Company 19445 CN101958462-FT-GAWU-23-24 INSURED First Transit Inc. 720 E. Butterfield Road INSURERS: AIU Insurance Company 19399 INSURER c :ACE Pro and Casualty Insurance Company 20699 1 INSURER D: Certain Underwriters at Lloyds 524126 Suite 300 Lombard, IL 60148 INSURER E NSURER F: DAMA ED PREMISES Ea occunanceN $ 5,000,000 CnVFRAGFR CERTIFICATE NUMBER: CHI -010271386-07 REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TR TYPE OFINSURANLE AINSO DDL SUBD POLICYNUMBER MWDDY/YYFF YY UCYEXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 9584172 07/01/2023 07101/2024 EACH OCCURRENCE $ 10,000,000 CLAIMS -MADE OCCUR DAMA ED PREMISES Ea occunanceN $ 5,000,000 MED EXP (Any one person) $ PERSONAL a ADV INJURY $ 10,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 PRODUCTS 10,000,000 X POLICY ❑ PRO JECT❑LOC $ OTHER: A AUTOMOBILE LIABILITY 7281162 (ADS) 07101/2023 07/01/2024 COMBINED SINGLE LIMIT $ 5,000,000 Ea accident BODILY INJURY (Per person) $ B X ANY AUTO 7281180 (MA) 0710112023 07/0112024 A OWNED F-1 AUTOS ONLY AUTOSULED HIRED NON-0WNED AUTOS ONLY AUTOS ONLY 7281161 (VA) 0710112023 07/0112024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X UMBRELLA Li X OCCUR XEU G725571472002 04/0112023 0710112024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB LIAIM$-MADE DED RETENTION$ $ B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYICERIM MBER XCLUD ]EXECUTIVE (MandawMEMseaexcwoaD? ❑N (Mandatory In NH) NIA 015825020 (ADS) 015825022 (Retro -WI ) 015825021 CA Only)07101/2023 ( =fM= 07/01/2023 D7101/2024 07/01/2024 07101/2024 X I STATUTE ORH- E.L. EACH ACCIDENT $ 5,000,000 E.L. DISEASE - EA EMPLOYEE $ 5,000,000 EL DISEASE - POLICY LIMIT $ If yes, describe under5,000,000 DESCRIPTION OF OPERATIONS below D Excess Auto B0509BOWCN2350464 0310612023 0310612026 Limit (xs primary Auto $5M) 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Municipal Dial -a -Ride and fixed route bus service for the City of Rosemead, CA. City of Rosemead its officials, employees and agents are included as additional insured with respect to General Liability where required by written contract. This insurance is primary and noncontributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable where required by written contract. Contractual Liability and Sexual Abuse and Molestation Coverage are included under the General Liability Policy. CERTIFICATE HOLDER CANCELLATION ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD City of Rosemead SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Chris Oasle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Director of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E. Valley Blvd. AUTHORIZED REPRESENTATIVE Rosemead, CA 91770 n,a� ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 958-41-72 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 958-41-72 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations.—] A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 ® ACORO CERTIFICATE OF LIABILITY INSURANCE03/2912023 DATEIMNIIDIVY(TY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). LIMITS CONTACT PRODUCER MARSH USA LLC. 540 W. MADISON CHICAGO, IL 60661 NAME: PHONE FAX AIC Noi: E+AAIL ADDRESS: INSUREFUS) AFFORDING COVERAGE NAICM EACH OCCURRENCE $ 10,000,000 INSURER A: National Union Fire Insurance Company 19445 CN101956462-FT-GAWU-23-23 INSURED First Transit Inc. 600 Vine Street Suite 1400 INSURER 8: AU Insurance Company 19399 INSURER C; N/A N/A INSURER D: Certain Underwriters at Lloyds 524126 Cincinnati, OH 45202 INSURER E INSURER F: CERTIFICATE NUMBER- CHI -010271386-01 REVISION NUMBER: 0 y THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR I L R City of Rosemead Ann: Chris Daste Director of Public Warks ADDITYPEOFWSURANCE INSO WVDPumn POLICY NUMBER MMIDO/YYYY MWDDYEXP IYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY ernon rrn0DnRATInM All rinhts rea:nrved. 9584172 041012023 07/01/2023 EACH OCCURRENCE $ 10,000,000 DAMAGE TO R PREMISES Ea occurrence $ CLAIMS -MADE FX1 OCCUR MED EXP (Any one person) $ PERSONAL a ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ X POLICY PRI LOC JECT 8 A OTHER'. AUTOMOBILELU lI 7281162 (AOS) 0410112023 07/0112023 Ea aWd.n SINGLE LIMIT $ 5,000,000 BODILY INJURY (Per person) $ A X ANY AUTO 7281161 (VA) 041012023 07/01/2023 BODILY INJURY (Per accident) $ B OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 7281180 (MA) 04/01/2023 07/01/2023 PROPERTY DAMAGE Per accident) $ E UMBRELLA LIAR I OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LAB CLAIMS -MADE DED RETENTIONS WORKERS COMPENSATION _ $ X STATUTE OERH B 158249D7 (ADS) 07101/ E.L. EACH ACCIDENT $ 5,000,000 B B ANDEMPLOYERS' LIABILITY YIN ANYPROPRIETORMARTNERIEXECUTIVE OFFICERMIEMBEREXCLUDED9 (Mandatory In NH) If yes. descbbe under DESCRIPTION OF OPERATIONS below NIA 15824909 Retro -PA, WI) ( 15824908 (CA Only) 04/01/2023 04/01/2023 07/01/2023 07101/2023 E.L. DISEASE - EA EMPLOYEE $ 5,000,000 E.L. DISEASE - POLICY LIMIT $ 5,000'000 D Excess Auto Limit $5M xs $5M DESCRIPTION OF OPERATION$ I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schoduk, my ba rttaehad K mon space is required) RE: Municipal Dial -a -Ride and fixed route bus service for the City of Rosemead, CA. City of Rosemead its officials, employees and agents are included as additlonal insured with respect to General Liability where required by written contract. This insurance is primary and nonL ntributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable where required by written contract Contractual Liability and Sexual Abuse and Molestation Coverage are included under the General Liability Policy. CERTIFICATE HOLUEK ------- City of Rosemead Ann: Chris Daste Director of Public Warks SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E, Valley Blvd. AUTHORIZED REPRESENTATIVE Rosemead, CA 91770 .�y� i/LQJLd�L 2VS1_V 1901 ernon rrn0DnRATInM All rinhts rea:nrved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORDv n W ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 14, 2023 SUBJECT: ADOPTION OF RESOLUTION NO. 2023-12 AMENDING THE FISCAL YEAR 2022-23 BUDGET AND APPROVE THE FIRST AMENDMENT TO THE TRANSIT SERVICES AGREEMENT SUMMARY On February 25, 2020, the City Council approved a three-year agreement with First Transit, Inc. (First Transit), to provide management, operation, and maintenance of the City's transit services. The existing agreement is set to expire on March 31, 2023. In accordance with the original agreement, the City may extend the term of the agreement for up to two additional years. Staff is recommending that the agreement be amended to extend the contract term for an additional two years. If approved, the total annual compensation for the first extension year (April 1, 2023 - March 31, 2024) would be in the amount of $1,176,098 for operations and an estimated $135,002 for fuel, and the second extension year (April 1, 2024 — March 31, 2025) would be in the amount of $1,276,054 and an estimated $141,752 for fuel. BACKGROUND The City's transit services include the Dial -A -Ride and Rosemead Explorer Fixed Route programs. The programs utilize up to five city -owned propane fueled buses during daily peak service. Since the inception of the City transit services, contractors have been utilized to provide full-service management and operations of the City's transit services. On November 25, 2019, the City released a Request for Proposal (RFP) for transit services. Following a comprehensive RFP process, staff recommended the City award a contract for City transit services to First Transit. On February 25, 2020, the City Council approved and entered into an agreement with First Transit for transportation services for a base period of three years with the option to extend the agreement for an additional two years. DISCUSSION First Transit has provided transit services to the Rosemead community since April 2020. Throughout the base term of the agreement, First Transit has met the expectations of the City by AGENDA ITEM 5.E r) ri City Council Meeting February 14, 2023 Page 2 of 3 communicating effectively, providing prompt responses to resident concerns, and remaining adaptable to changes in service throughout the COVID-19 pandemic. First Transit continues to operate out of a local maintenance and office facility in El Monte which allows for the firm to leverage El Monte's call center, dispatch, and road supervisor staff to enable cost sharing, reduce operator hours and preserve the useful life of City -owned vehicles. First Transit is requesting an approximately 15% increase for the first year of the extension and 8.5% increase for the second year. The cost increases are attributable to increased maintenance costs including labor and parts, and increases in wages for drivers and support staff. Currently, there is a nationwide shortage of bus drivers requiring transit agencies to offer increased competitive wages and hiring bonuses. The proposed annual cost for operations in the first year (April 1, 2023 - March 31, 2024) is in the amount of $1,176,098 and the second year (April 1, 2024 — March 31, 2025) is in the amount of $1,276,054. In addition, estimated fuel costs for the first year is in the amount of $135,002, and $141,752 for the second year. Fuel costs are estimates and actual costs will be invoiced monthly, based on fuel prices at the time of service. To validate the cost increase, staff conducted outreach to surrounding cities with comparable transit services to determine the market value cost for recent transit service contract changes. The results of the outreach concluded that the requested total annual compensation amounts for the two extension years are reasonable and within a cost increase range (10-25%) that has been experienced by other municipalities for both contract extensions and new agreements as shown in Table 1. STAFF RECOMMENDATION It is recommended that the City Council: Authorize the City Manager to amend the agreement with First Transit to extend the contract for an additional two (2) years. The annual compensation for the first extension year (April 1, 2023 - March 31, 2024) would be in the amount of $1,176,098 for operations plus $135,002 for estimated fuel costs for an annual total of $1,311,100, and 1P41G 1 � V,lG� City FY 21-22 FY 22-23 Annual Annual Contract Increase Percent Change Due To Amount Contract Amount Change _ Arcadia $ 1,842,715.00 $ 2,260,859.00 $ 418,144.00 22.7% New Agreement (RFP Process) Baldwin $ 1,551,600.00 j $ 1,738,320.00 $ 186,720.00 12.0% Contract Extension Park ' Temple $ 399,057.00 $ 446,057.00 $ 47,000.0011.8%o r Contract Extension city EI Monte $ 1,726,110.00 $ 2,091,252.00 $ 365,142.00 21.2% New Agreement (RFP Process) STAFF RECOMMENDATION It is recommended that the City Council: Authorize the City Manager to amend the agreement with First Transit to extend the contract for an additional two (2) years. The annual compensation for the first extension year (April 1, 2023 - March 31, 2024) would be in the amount of $1,176,098 for operations plus $135,002 for estimated fuel costs for an annual total of $1,311,100, and 0 City Council Meeting February 14, 2023 Page 3 of 3 0 the second extension year (April 1, 2024 — March 31, 2025) would be in the amount of $1,276,054 plus $141,752 for estimated fuel costs for an annual total of $1,417,806. 2. Adopt Resolution No. 2023-12 amending the City's Fiscal Year 2022-23 Operating Budget to appropriate additional funds in the amount of $220,000 from Proposition C to increase funding for the First Transit agreement extension, for a total annual transit services budget of $1,320,000. FISCAL IMPACT The Fiscal Year 2022-23 Operating Budget included a transit services appropriation in the amount of $1,100,000. An amendment to appropriate an additional $220,000 in Proposition C funding is necessary to sufficiently cover the costs of the program increases for a total transit services program cost of $1,320,000. STRATEGIC PLAN IMPACT None. ENVIRONMENTAL REVIEW This item is not defined as a project under the California Environmental Quality Act (CEQA); therefore, the proposed plan is not subject to CEQA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: anielle Garcia Public Works Fiscal and Project Manager Submitted by: Michael Chung, P.E. Director of Public Works Attachment A: First Transit Cost Proposal Attachment B: Amendment No. 1 Attachment C: Resolution No. 2023-12 Attachment A First Transit Cost Proposal n FIRST TRANSIT, INC. REQUEST FOR EXTENSION COST PROPOSAL CITY OF ROSEMEAD -TRANSIT SERVICES TOTAL PROPOSED ANNUAL COST This table auto -fills from Harty and Fixed Cost Tables, Do not overwrite formulas. COST FORMULA Yew One 12 Months Yew TWO 112 Months] 1. Cost par VRH $36.06 $41.17 2. Monthly Fixed Cost $51.878.59 $53,65726 Projected Maul VRH 15,355 15,355 3. Annual Hourly Costa $653,555 $632,167 4. Annual Fixed Costs $622.543 $643,887 TOTAL PROPOSED ANNUAL COST 3+4 $1,178,098 $1,276,054 43 44 45 46 47 48 49 Year 1 Year 2 PROPOSED TOTAL VEHICLE REVENUE HOUR COSTS TOTAL VRH COST BY CATEGORY Year Ofe Year TWO Driver Wallas 392,850 462,654 Driver Fringe Benefits 94.422 100,417 Maintenance Parts 45,580 47,297 Maintenance Supplies 13,206 13,751 Outside Repairs 7,498 8,137 Odrer(spectly) - - TOTAL HOURLY COSTS $663.555.05 $632,167.07 11 Page 6 1 8 9 10 I1 12 13 14 15 lfi I7 15 19 n PROPOSED FIXED COSTS (Nab: Cosh ahe sn tob e fM t lfbWdCo8ftbVGd99oM n TOTAL Plx® COST YY CATNOORY YOWOM Y" T" Pwjad MSmpw Sdwy 16,480 16,512 PMW Msepw Rape 3,592 3.119 NtaA®Mor 9day 54,000 56.620 M&W. Mor Frmp 16,804 17,575 Opwaaen SWWA-Salary 45.6" 48,878 ppwawm 5apw Fr'rye 17,806 18,410 Ohpa"SwSWepss 43,472 44.616 Dispoth %W ROW 11,861 15,553 MsrYlace SlsBWapn 55,970 57.481 Mssswlen SWKFM s 21.437 22,421 SdWdWKC l4T&%w Wapas 43,472 "A" SdeoswCaFTMIW Fmpe 14,472 15,142 AoW%Vpodwapas 3,043 3,125 Admin S4ppal RwW 1,08D 1130 FOMWTFMNQ 754 1.158 sdety 2x10 2367 LWAk 3,800 3,696 1 flmReywue VstKIOS 704 109 F Leas mw Cods 15,174 15,553 8533 5,671 1 TdWp 10,416 10,676 I u146s 2418 2476 i plica 9pphm 17,8" 18,286 i ACWWMV 2,388 2425 F e1SUPANCE t GmmdL SSW 6,487 6,613 I aameeea LM&W 54,872 OSA27 ) CAWswVCWpderr9ua 1294 13.265 I Wo*m Cnapansdlon 35.580 37,OD3 t Corrpew Hwa�asa 4.9" 4,948 I cmvp soa w 875 6,132 t On.eowd Cm Cogs i Helm 5,013 5.013 i 7 3 3 3 Slwl LIP Casts I Grerh49a 43,710 45.936 2 Meepwwtpmp Ci 28726 30,&5 LLL FIXED COSTS U2254.s 56/3,867 Pn u rlg a qpm war mrle an see prosraea eem ava m �,T..s�.raw. w PvAdo SM poafkn, uWty a siNw.l FSTIMATED ANNUAL FUEL COST YIWOM Yew Tl Rgaooa TCW Vdwb Sias 21N,995 200.995 Eswnia Awawl FUW Cod 5135,002 $141,752 Asafefeo Pnpse COWW S 403 S 423 Armed COS"Geschm f 425 S 446 21 Page Attachment B Amendment No. 1 n r) FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT AND OPERATION OF ROSEMEAD TRANSIT SYSTEM (FIRST TRANSIT, INC.) This FIRST AMENDMENT ("Amendment') 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 East Valley Blvd., Rosemead, California 91770 ("City") and First Transit, Inc., with its principal place of business at 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on March 31, 2020, for the Management and Operation of Rosemead Transit System (the "Agreement'); and WHEREAS, this Agreement is set to expire on March 31. 2023 ; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for approximately two years. NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3 " Terms " shall be amended to read: 3.1.2 Term. The term of this Agreement shall be extended for an additional two year term from March 31, 2023 to March 31, 2025, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Letter of Extension dated February 8, 2023, attached hereto and incorporated herein by reference. The total annual compensation shall not exceed the following amounts plus documents cost of fuel used for Rosemead Transit vehicles: Extension Year One: One Million One Hundred Seventy -Six Thousand Ninety -Eight Dollars ($1,176,098) plus One Hundred Thirty -Five Thousand Two Dollars ($135,002) for a total annual cost of One Million Three Hundred Eleven Thousand One Hundred Dollars ($1,311,100.00). Extension Year Two: One Million Two Hundred Seventy -Six Thousand Fifty -Four Dollars ($1,276,054) plus One Hundred Forty -One Thousand Seven Hundred Fifty -Two Dollars ($141,752) for a total annual cost of One Million Four Hundred Seventeen Thousand Eight Hundred Six Dollars ($1,417,806.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this agreement. n W SECTION 2. All other terms, conditions, and provisions of the original agreement not in conflict with this addendum, shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. (Signatures on next Page) CITY OF ROSEMEAD Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman Date n FIRST TRANSIT. INC -32 Name: Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] IIn Name City Attorney Title Attachment C Resolution No. 2023-12 n RESOLUTION NO. 2023-12 r1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-23 BUDGET AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION FROM PROPOSITION C FUND RESERVES IN THE AMOUNT OF $220,000 TO FUND THE CONTRACT EXTENSION WITH FIRST TRANSIT, INC. WHEREAS, the City Council adopted the Fiscal Year 2022-23 Operating and Capital Improvement Program budgets on June 14, 2022; and WHEREAS, the Fiscal Year 2022-23 budget did not include sufficient funding for proposed contract extension costs; and WHEREAS, on February 6, 2023, the City received a request for an extension from the existing transit service provider for a total annual contract in the amount of $1,176,098 plus $135,002 for estimated fuel costs; and WHEREAS, sufficient funding is not available in the City's adopted Fiscal Year 2022-23 budget thus requiring a supplemental appropriation in the amount of $220,000 to fund the first year of the contract extension; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following the adoption of the budget; and WHEREAS, the revised appropriation constitutes an update to the Fiscal Year 2022-23 budget approved pursuant to Resolution No. 2022-38. THE ROSEMEAD CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City Council hereby approves a supplemental appropriation in the amount of Two Hundred Twenty Thousand Dollars ($220,000) from the Proposition C fund balance in Fund 220 to fund the total proposed cost of the fust year for the transit service contract extension. SECTION 2: The City Clerk shall certify the adoption of this Resolution. [ Signatures on next page r) PASSED, APPROVED AND ADOPTED this 141 day of February, 2023. Sean Dang, Mayor APPROVED AS TO FORM: ATTEST: Rachel H. Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) Ericka Hernandez, City Clerk CERTIFICATION I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2023-12 was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 14' day of February, 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk /1 ® A✓ o CERTIFICATE OF LIABILITY INSURANCE DATE(MWI)D/ YYY) 040420E2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holders an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc.-PHONE(866) Chicago IL office 200 East Randolph Chicago IL 60601 USA CONTACTNAME: (AIC. No. EX): 283-7122 FA% (BDO) 363-0105 E-MAIL CLAIMSMADE 7X OCCUR INSUBE9(S) AFFORDING COVERAGE NAICN INSURED First Transit Inc INSURERM ironshore Specialty Insurance Company 25445 INSURER B: Starstone Specialty Insurance Company 44776 600 Vine street suite 1400 Cincinnati ON 45202 USA INSURER C: AXIS Surplus Insurance Company 26620 INSURER D: National Union Fire Ins Co of Pittsburgh 19445 INSURER E: AIU Insurance Company 19399 INSURER F: AIG specialty Insurance Company 26883 COVERAGES CFRTIFMATF Nl1MRFR- 570092545084 REVISION NUMBER: V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are Ins requested LTR TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY INSD "DPOLICY NUMBER MWD MMVpO/1'YY LIMITS EACH OCCURRENCE $10,000,000 PREMISES Ee ocarrence $5,000,000 CLAIMSMADE 7X OCCUR MED EXP (Any ora peman) PERSONAL a AOV INJURY $10,000,000 This certdicate supersedes any previously =ate dated 4/1/2022 GENLAGGREGATE LNITAPPLIES PER: POLICY X PRO X LOC ❑ JECTPRO- ❑ GENERALAGGREGATE $10,000,000 pRODUCTSCOMPIOPAGG $10,000,000 OTHER: O D AUTOMOBILE LIABILITY X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOB NON -OWNED ONLY AUTOS ONLY 7031098 ADS 7031099 VA 04/01/2022 04/01/2022 04/01/202 3 04/01/2023 COMBINED SINGLE LIMIT $10,000,000 den BO OILY INJURY (Per pereon) BODILY INJURY (Per eccMem) PROPERTY DAMAGE Per accident) UMBRELLA LIM Ll OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR I 1GEMMAS-tMOE DEO RETENTION E E WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYINADS ANY PROPRIETOR I PARTNERI EXECUTIVE !] OFFICEWMEMBER EXCLUDED? (Mandatory in NH) NIA WC 01759 wc35901760 CA UTTOTMon 04/01/2022 04 O1 2023 04/01/2023 X PER STATUTE I IOTH- E.L EACH ACCIDENT $5,000,000 E.L DISEASE -EA EMPLOYEE $5,000,000 E.L DISEASE -POLICY LIMIT $5,000,000 H yea, describe under If PTKNJOFOPERATIONSbelow DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlUonel Remerics Schedule, may be aNached If more ePace le required) sexual Abuse and Molestation Coverage is included under the General Liability policy. RE: Municipal Dial -a -Ride and fixed route bus service for the City of Rosemead CA. City of Rosemead its officials, employees and agentsare included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policyprovisions of the General Liability Automobile Liability and Workers' Compensation policies. Contractual Liability coverage is included under the General LiabT lity policy. CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. y7 I City of Rosemead I AUTHORIZED REPRESENTATIVE Attn: Chris paste Director of Public Works 8838 E. Valley Blvd. Rosemead CA 91770 USA 01968-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD w a m 9 W 0 2 a n 8 AGENCY CUSTOMER ID: 570000088924 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. NAMEDINSURED First Transit Inc POLICYNUMBER See certificate Number: 570092545084 CARRIER see Certificate Number: 570092545084 NAC CODE EFFECTIVE DATE: I:I4kVF1,y:A: FORM NUMBER: ACORD 25 FORM TITLE: Certificate 'of Liability Insurance 11 INSURER(S) AFFORDING COVERAGE I NAIC # INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD L certificate form for policy limits. INSR LTR - TYPE OF INSURANCE ADDL INSD SUBR wVD POLICY NUMBER POLICY ERFECTIYE DATE (MMR)DA'WY) POLICY EXPIRATION DATE (MMA)➢IYYYY) LIMTS WORKERS COMPENSATION E N/A WC35901761 04/01/2022 04/01/2023 WI The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICAIE IS IsautU Aa A NI I.. v, .,., ....,.,.+....... -• ...._ _-.- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, tpohe cy(to a) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may rsqulre an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). Services Central, Inc. IL office Randolph IL 60601 USA First Transit Inc 600 Vine Street Suite 1400 Cincinnati ON 45202 USA (800) 363-0105 INSURER(S) AFFORDING COVERAGE I NAIC t INSURER A: 010 Republic A15uraDte winyauy INSURER B: ACE Property & Casualty Insurance Co. INSURER C: National Union Fire Ins Co of PittsbL INSURER D: AIU insurance Company INSURER E: INSURER F: _-- --- COVERAGES CEHTIFICAI E NUIMOCnt D r UDa<oor r��--- ------ -- OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LT TYPE OF INSURANCE INSD WDPOLICY NUMBER MWOD YY ITUCY EXP MIADOIYYY LIMBS $10,000,000 �y EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY $10,000,000 CLAIMS -MADE Fq OCCUR PREMISES Ea occurrence Excluded MED EXP (AM are Person) PERSONAL& ADV INJURY $10,000,000 GENERALAGGREOATE 10,000,000 GEMLAGGREGATE LIMITAPPLIES PER: PRO ❑X LOC PRODUCTS -COMPIOP ADO $101000,000 POLICY ❑X ECT OTHER: MWTB 316836 22 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT $10,000,000 ac A AUTOMOBILE LIABILITY BODILY INJURY(Perpceon) ADS X ANYAUTD BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS PROPEl) DAMAGE AUTOS ONLY NED HIREDAUTOS NON-0W PJd.m Peratlenl ONLY AU V.ONLY XEUG71795093003 -04-F01-72-02-2 04 O1 2023 EACHOCCURRENCE 5,000,000 6 % UMBRELLA IIAB X OCCUR SIR applies per policy ter is & condi ions$5,000,000 pGGREOATE EXCESS LIAR CLAIMS -MADE DEDI % IRETENTICIN WC 90175fi 4 20 4 O1 202 X PER STATUTE OTH- p WORKERS COMPENSATION AND E.L. EACHACCIDENT $5,000,000 EMPLOYERS'LIABILRY YIN ANYPROPRIETORIPARTNERIE%ECUTIVE ADS wc35901757 04/Ol/2D22 04/01/2023 E.I. DISEASE -EA EMPLOYEE $5,000,000 p OFFICEWMEMSER E%CLWEDY15 NIA (Mendalury In NH) 0 Yas deudba under CA E.L. DISEASE-POLICV LIMIT $5,000,000 DESCRIPTION OF OPERATIONS below 04/01/2022 04/01 2023 EL Each ACci ant 5,000,000 C Excess WC wC1647327 SIR applies per policy ter s &Condi ions EL Disease -Policy $5,000,000 EL Disease - Ea Emp $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks schedule, may be aaached It mere specs Is required) and fixed Sexual Abuse and Molestation Coverage is included under the General Liability policy. RE: Municipal Dial -a -Aide its officials, employees and agents are included as routebus service for the City of Rosemead, CA. Cityof Rosemead the General Liabt lity policy. General Liability policy Additional insured in accordance with the policy, provisions of insurance available to an Additional insured, but onlyin accordance evidenced herein is Primary and Non-Contrihutory to other Waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy with the policy's provisions. A Automobile Liability and workers' Compensation policies. Contractual Liability coverage provisions of the General Liability is included under the General Liability policy. CERTIFICATE HOLDER ^""""" EHOULT ANY OF OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of;CA91770 d AUTHORIZED REPRESENTATIVE Attn: 5te Directolic works 8838 E.Blvd.FJay seGtaG �/ RosemeaUSA v v a `a D L 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD a i AGENCY CUSTOMER ID: 570000088924 LOC il: A� ADDITIONAL REMARKS SCHEDULE Page of AGENCY Aon Risk Services Central, Inc. NAMED INSURED First Transit Inc POLICY NUMBER see Certificate Number: 570092387720 CARRIER see certificate Number: 570092387720 NAIL CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE I NAIC # I ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBERPOLICY EFFECTIVE DATE (MWODNYYY) POLICY EXPIRATION DATE (MM/DDNYYY) LIMITS WORKERS COMPENSATION D N/A WC35901758 WI 04/01/2022 04/01/2023 OTHER A Excess Auto Lia MWZX31683822 $15M x SIGN 04/01/2022 04/01/2023 Each occurrence 515,000,000 Aggregate $15,000,000 RCORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD All dahte meervad. AC Ro�O®oAT oarol/2022 ) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemem(s). Aon Risk Services Central, Inc.(866) Chicago IL office 200 East Randolph Chicago IL 60601 USA (NO. No. EXt); 283-7122 FAX (800) 363-0105 ASC. No.): E-MAIL ADDRESS: ELSE WVD POLICY NUMBER,Vppryyy pptyp INSURER(S) AFFORDING COVERAGE NAIC # INSURED First Transit Inc INSURER A: Ironshore Specialty Insurance Company 25445 INSURERS: Starstone Specialty xnsurance Company 44776 600 Vine Street suite 1400 Cincinnati OH 45202 USA INSURER C: AXIS Surplus Insurance Company 26620 INSIRiER M National Union Fire ins Co of Pittsburgh 19445 INSURER E: AIU Insurance Company 19399 INSURER F: AIG Specialty Insurance Company 26883 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested T TYPE OF INSURANCE X COMMERCIALGENERALLIABa1TY CIAIMS-MADE ❑X OCCUR NSD ELSE WVD POLICY NUMBER,Vppryyy pptyp LIMITS EACH OCCURRENCE $10,000,000 PREMISES Ea amunence)$5,000,000 MED EXP (Arty one person) PERSONAL &ADV INJURY $10,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICV X PRC- FX LOC JECT GENERALAGGREGATE $10,000,000 PRODUCTS - COMP/OPAGG $10,000,000 OTHER: O D AUTOMOBILE LIABILITY X ANY AUrO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOB NON OWNED ONLY AUTOS ONLY 7031098 AOS 7031099 VA 04/01/2022 04/01/202204/01/2D23 04/01/202 3 COMBINED SINGLE LIMIT $10,000,000 BODILY INJURY(Perperson) BODILY INJURY (P. emWem) PROPERTY DAMAGE Per eccMenl UMERELLALIAS OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS -MADE DED RETENTION E E WORKERS COMPENSATION AND EMPLOYERS'LIABILRY ylN ANY PROPRIETORIPAR TNERI EXECUTIVE OFFICER4.IEMBER EXCLUDED? MI in NF1) IIyyees N)NS dexibs undm DESdflIPTION OF OPERATbeMw NIA WC 35901759I AOS WC35901760 U 04/01/2022 04/01/2022 04/01/20Z3 04/01/2023 X PER STATUTE ERTH- E.L. EACH ACCIDENT $5,000, 000 E.L DISEASEEA EMPLOYEE $5,000,000 5.1-DISEASE�POLICY LIMIT $5,1300,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addlllonsl Remarks Sohedule, my bs anached it more space is required) Sexual Abuse and Molestation Coverage is included under the General Liability policy. RE: Municipal Dial -a -Ride and fixed route bus service for the City of RosemeadCA. City of Rosemead its officials, employees and agentsare included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policyprovisions of the i General Liability, Automobile Liability and workers' Compensation policies. Contractual Liability coverage s included under the General Liability policy. CERTIFICATE HOLDER CANCELLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rosemead AUTHORIZED REPRESENTATIVE Attn: Chris Daste Director of Public works 83EI 8838 E. Valley Blvd. Rosemead CA 91770 USA c m a aG 9 S 91 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 8 8 AGENCY CUSTOMER ID: 570000088924 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ Aon Risk services Central, Inc. First Transit Inc POLICY NUMBER See certificate Number: 570092389098 CARRIER NAIC CODE see Certificate Number: 570092389098 1 EFFECTIVE DATE: ACORD 25 FORM TITLE: Certificate of Insurance 11 INSURER(S) AFFORDING COVERAGE I NAIC # II ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPEOFINSURANCE ADDL INSD SUBR WVD POLICYNUMBER PoLI EFFECTTIVE DATE (MMR11>n YYY) POLICY EXPB DAM (MM/DD/YYl'Y) LIMITS WORKERS COMPENSATION E N/A wc35901761 WI 04/01/2022 04/01/2023 ACDRD 101 I40ORID1) The ACORD name and logo are registered marks of ACORD FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT AND OPERATION OF ROSEMEAD TRANSIT SYSTEM (FIRST TRANSIT, INC.) This FIRST AMENDMENT ("Amendment') is made and entered into this hIr day of 20th ("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 East Valley Blvd., Rosemead, California 91770 ("City") and First Transit, Inc., with its principal place of business at 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on March 31. 2020, for the Management and Operation of Rosemead Transit System (the "Agreement'); and WHEREAS, this Agreement is set to expire on March 31. 2023 ; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for approximately two years. NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3 " Terms " shall be amended to read: 3.1.2 Term. The term of this Agreement shall be extended for an additional two year term from March 31, 2023 to March 31, 2025, at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Letter of Extension dated February 8, 2023, attached hereto and incorporated herein by reference. The total annual compensation shall not exceed the following amounts plus documents cost of fuel used for Rosemead Transit vehicles: Extension Year One: One Million One Hundred Seventy -Six Thousand Ninety -Eight Dollars ($1,176,098) plus One Hundred Thirty -Five Thousand Two Dollars ($135,002) for a total annual cost of One Million Three Hundred Eleven Thousand One Hundred Dollars ($1,311,100.00). Extension Year Two: One Million Two Hundred Seventy -Six Thousand Fifty -Four Dollars ($1,276,054) plus One Hundred Forty -One Thousand Seven Hundred Fifty -Two Dollars ($141,752) for a total annual cost of One Million Four Hundred Seventeen Thousand Eight Hundred Six Dollars ($1,417,806.00). Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this agreement. CITY OF ROSEMEAD �/ Z Ben Kim - 15'y Manager Da e Attest: Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman, City Attorney Date FIRST TRANSIT, INC. B: Name:1 /'V- Title: 'FTitle: CF0 [If Corporation, TWO #s �!` "�` SIGNATURES, Preside/ ce President AND Secretary, Aftit_ CORPORATE SEAL O€ ' CONTRACTOR REQUIVEb Name: AV4 Title: C F - (FIRST TRANSIT, INC.) HENEWAIMI *M] Z I $I This Agreement is made and entered into this & 20 _LL day of (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 First Transit, Inc. with its principal place of business at 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties," 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain transit services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing transit system management and operations to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such management and operations services for the Rosemead Transit System ("Project"), also referred to as "Services" as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3,11 General Scope of Services: Contractor promises and agrees to First Transit, Inc. 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 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 for the April 1, 2020 through March 31, 2023 unless earlier terminated as provided herein. The City shall maintain the option to extend the contract for two additional one-year terms spelled out in the RFP 2019-17. 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 First Transit, Inc. entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. 3.2.5 City's Representative: The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative: 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 ail 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 without First Transit, Inc. 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. During the base term of the agreement, the total annual compensation shall not exceed the following amounts plus the documented cost of fuel used in Rosemead Transit revenue vehicles: Year One: Nine Hundred Thirty -Nine Thousand, Eight Hundred Thirteen Dollars ($939,813) Year Two: Nine Hundred Eighty -Four Thousand, Forty -Seven Dollars ($984,047) Year Three: One Million, Twenty -Three Thousand, Nine Hundred Seventy -Four Dollars ($1,023,974) Fixed Monthly Rate Year One: $43,640.24 Year Two: $45,151.60 Year Three $46,606.58 Vehicle Revenue Hour Rate $27.10 $30.26 Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. First Transit, Inc. 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 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. First Transit, Inc. 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 other address as the respective parties may provide in writing for this purpose: CONTRACTOR: CITY: First Transit, Inc. 600 Vine Street, Suite 1400 Cincinnati, Ohio 45202 Attn: Bradley A. Thomas, President Phone: (513) 241-2200 City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Chris Daste, Director of Public Works Phone: (626) 569-2158 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 First Transit, Inc. 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, 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 bylaw, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, and Contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expertwitness 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, First Transit, Inc. 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. 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. First Transit, Inc. 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 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 First Transit, Inc. to all provisions stipulated in this Agreement. (Signatures on next Page) First Transit, Inc. CITY OF ROSEMEAD Gloria Mollecla, City Manager Date Alftost: Ericka Hernandez, City Clerk Date Approved as to Form: Rachel H. Richman Date City Attorney FIRST TRANSIT, INC. F04 Name: i'�' Title - Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Title: Sewt EXHIBIT A SCOPE OF SERVICES ENCUMBERS CITY ISSUED REQUEST FOR PROPOSAL DOCUMENTS AND CONTRACTOR'S PROPOSAL FOR SERVICES A. 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 'but of service" times. The travel between scheduled pickups and drop offs, regardless of whether a passenger is on board, is not deadhead. Demand Responsive — Describes a service 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 29 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 30 2020 Request for Proposal No. 2019.97 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 31 2020 Request for Proposal No. 2099-17 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. 2.6 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 32 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 asspecified 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 33 2020 Request for Proposal No. 2099-17 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 34 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 <.: .: 77 :.Performar�ce Cntena ::. :Stantl: 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 Zero (0) occurrences vehicle arrival. 4. Dial -A -Ride: Missed Trip [Arrival at pick-up location more than Zero (0) occurrences 60 minutes after the scheduled time or not at all 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 As defined in SOW Submission 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 35 2020 Request for Proposal No. 2099-97 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 unhled 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 36 2020 Request for Proposal No. 2099.17 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 117, 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 37 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 38 2020 Request for Proposal No. 2099-17 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 certifications) 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 39 2020 Request for Proposal No. 2099-97 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 40 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 41 2020 Request for Proposal No. 2099-17 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 42 2020 Request for Proposal No. 2019-97 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 43 2020 Request for Proposal No. 2019-17 3.15.4 Radios i 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 44 2020 Request for Proposal No. 2099-97 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 45 2020 Request for Proposal No. 2099-17 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 46 2020 Request for Proposal No. 2099.97 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 Manage ent 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-toTdate cumulative basis and shall be submitted within 30 days after the close of the each quarter. CONTRACTOR shall collect, record, and report 1 accounting data for the Rosemead Transit opera Transit Database, Section 99243 of the Californ specified by the Los Angeles County Metropolitan All worksheets and detail information used to prep; CITY within one month after the close of the applic; 3.20.4 Creation of Approved Rider Records o the CITY on a quarterly basis all ion in accordance with the National a Publics Utilities Code, and/or as Transportation Commission (Metro). re these reports shall be available to ible quarter. 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 47 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 48 2020 Request for Proposal No. 2099-97 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 enforcementlemergency 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 49 2020 Request for Proposal No. 2099-17 • 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 50 2020 Request for Proposal No. 2099-97 • 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 59 2020 Request for Proposal No. 2099-97 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 and equipment used in revenue service. servicing shall include, but not be limited to: Fueling servicing to all Rosemead Transit vehicles For purposes of this AGREEMENT, daily • 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 52 2020 Request for Proposal No. 2099-17 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 53 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 {CARE} 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 54 2020 Request for Proposal No. 2099-97 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 55 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 (CNP) 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 56 2020 Request for Proposal No. 2099-97 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 sem.; 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 sec .; 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 57 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 [Pagesl-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 58 2020 Request for Proposal No. 2099-97 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] Two million, nine hundred forty seven thousand, eight hundred thirty four Dollars [$ 2,947,834 .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 gr 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: First Transit, Inc ADDRESS: 600 Vine St., #1400 Cincinnati, NAME OF AUTHORIZED REPRESENTATIVE FOR NEGOTIATIONS: George Lee PHONE NUMBER: 31.0 908 - c' ,z AUTHORIZED SIGNATURE: NAME & TITLE OF SIGNER: _ B, adley A. DATE: January 3, 2020 mas,;�'resi� l ,•, 1969 "I WAVE' City of Rosemead — Rosemead Transit Page 24 2020 Request for Proposal No. 2099-17 t ROSEMEAD TRANSIT COST PROPOSAL FORM A, PAGE 2 Proposer's Name: First Transit 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. TOTAL PROPOSED ANNUAL COST This table auto -Blas from Hourlv and Fixed Cost Tables. Do not overwrite formulas. COST FORMULA Year One 12 Months Year Two 12 Months Year Three 12 Months 1. Cost per VRH $27.10 $28.80 $30.26 2. Monthly Fixed Cost $43,640.24 $45,151.60 $46,606.58 Projected Annual VRH 15,355 15,355 15,355 3. Annual Hourly Costs $416,130 _ $442,228 $464,695 4. Annual Fixed Costs $523,683 $541,819 $559,279 TOTAL PROPOSED ANNUAL COST (3+4) $939,813 $984,047 $1,023,974 PROPOSED TOTAL VEHICLE REVENUE HOUR COSTS TOTAL VRH COST BY CATEGORY Year One Year Two Year Three Driver Wages $291,377.24 $306,039.33 $320,275.42 Driver Fringe Benefits $81,417.69 $88,953.19 $90,654.99 Maintenance Parts $29,228.95 $32,265.55 $37,464.38 Maintenance Supplies $12,567.88 $13,271.97 $14,328.21 Outside Repairs $1,538.37 $1,698.19 $1,971.81 Other(specify) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL HOURLY COSTS $416,130.13 $442,228.22 $464,694.80 ROSEMEAD TRANSIT COST PROPOSAL FORM A, PAGE 3 Proposer's Name: First Transit PROPOSED FIXED COSTS immo- Certs shown are to be the total fixed costs by cateaorv) TOTAL FIXED COST BY CATEGORY Year One Year Two Year Three Project Manager Salary $13,958 $14,119 $14,284 Project Manager Fringe $5,110 $5,200 $5,296 Maintenance Mgr Salary $56,375 $58,066 $59,808 Maint, Mgr Fringe $23,763 $24,895 $26,083 Operation Supervisor Salary $40,093 $41,167 $42,269 Operation Supervisor Fringe $17,078 $17,860 $18,680 Dispatch Staff Wages $33,691 $34,600 $35,535 " Dispatch Staff Fringe $12,599 $13,153 $13,733 Maintenance Staff Wages $42,548 $43,697 $44,877 Maintenance Staff Fringe $19,864 $20,788 $21,758 Other Wages (Specify) $34,234 $35,159 $36,108 $12,285 $12,823 $13,386 $7,183 $7,242 $7,303 Other Fringe (Specify) $2,901 $2,941 $2,983 $0 $0 $0 $0 $0 $0 Htring/Training $1,659 $1,701 $1,546 Safety $1,358 $1,715 $1,760 Uniforms $0 $0 $0 Non -Revenue Vehicles $204 $209 $214 Facility Lease/Rent Costs $21,148 $21,677 $22,219 Janitorial $322 $331 $339 Telephone $6,566 $6,730 $6,899 Utilities $1,722 $1,765 $1,809 Office Supplies $1,155 $1,184 $1,213 Accounting $2,256 $2,313 $2,371 INSURANCE: General Liability $2,838 $2,927 $3,008 Automobile Liability $28,379 $29,268 $30,084 Coiiisicn/Comprehensive $5,676 $5,854 $6,017 Workers Compensation $27,405 $29,611 $31,622 Computer Hardware $3,217 $3,217 $3,217 Computer Software $25,593 $26,232 $26,888 On -Board Camera Costs $0 $0 $0 Other (Specify): $3,067 $3,067 $3,067 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Start Up Costs $8,345 $8,345 $8,345 Overhead $37,593 $39,362 $40,959 Management Fee/Profit $23,495 $24,601 $25,599 TOTAL FIXED COSTS $523,683 $541,819 $559,279 [Note: Listing of typical cost items on this provided torm does not require contractor to provide tnis position, uunty or service.] FSTIMATED ANNUAL FUEL COST Year One Year Two Year Three Projected Total Vehicle Miles 200,743 200,998 200,583 Estimated Annual Fuel Cost $76,617 $80,550 $84,403 Assumed Propane Cost/Gal $ 2.29 $ 2.40 $ 2.52 Assumed Cost/Gal Gasoline $ 3.68 $ 3.86 $ 4.06 FORM B CONTRACTOR CONTACT INFORMATION Contractor Firm Name: First Transit, Inc. Authorized Representative Name: Bradley A. Thomas Authorized Representative Title: President Telephone Number: 513-419-8604 Email Address: brad.thomas@firstgroup.com Secondary Contact Name: George Lee Secondary Contact Title: Senior Director of Business Development Telephone Number: 310-908-7150 (preferred) Email Address: george.lee@firstgroup.com (preferred) Is Firm a qualified DBE? ® No ❑ Yes, Qualifying Agency: Annual Dollar value of participation: $ Subcontractors to Contractor Firm Name: NIA Address: CityState, Zip First Transit is not hiring subcontractors for this bid , Authorized Representative Name: Authorized Representative Title: Telephone Number: Email Address: Work to be performed: Is Firm a qualified DBE? ❑ No 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 Annual Dollar value of participation: $ Attach additional pages as necessary. City of Rosemead — Rosemead Transit 2020 Request for Proposal No. 20f9-97 ❑ Yes, Qualifying Agency: ❑ Yes, Qualifying Agency: Page 59 FORM C ADDENDA ACKNOWLEDGEMENT FORM First Transit, Inc. CONTRACTOR: CONTRACTOR acknowledges that it has received and read the Addendum # 1 (received Dec. 24, 2019) Signature , Mike Petrucci, SVP General Addendum # Signature Addendum # Signature Addendum # Signature Addendum # Signature City of Rosemead— Rosemead Transit 2020 Request for Proposal No. 2019-17 "P�i�,�enda: �gp `Y Page 60 FORM D NON -COLLUSION AFFIDAVIT FOR CONTRACTOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES Bradley A. Thomas 1. That he/she is the (owner, partner, representative, or agent) declares and says: of First Transit, Inc. , 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. certify (or declare) under penalty of perjury, Dated th' 3rd day of Jan. Sig d: Title: President foregoing is true and correct. Ohio ii Aftti, SEAL 69 aWA��' `....... City of Rosemead — Rosemead Transit Page 69 2020 Request for Proposal No. 2099-97 FORM E r REFERENCES Contractor's Name First Transit, Inc. 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: City of Sierra Madre 4337 Rowland Ave., El Monte, CA 91731 CONTACT PERSON: James Carlson EMAIL ADDRESS: jcarlson _ cityofsierramadre.com PHONE NUMBER: 625-355-7135 LENGTH OF CONTRACT: 10+ NUMBER OF VEHICLES OPERATED: DESCRIPTION OF SERVICES PROVIDED: YEARS Paratransit and fixed -route operations and maintenance Reference 2 AGENCY/COMPANY NAME: City of San Gabriel ADDRESS: 4337 Rowland Ave., Ei Monte, CA 91731 CONTACT PERSON: Rebecca Perez rperez@sgch.org EMAIL ADDRESS: PHONE NUMBER: 626-308-2875 LENGTH OF CONTRACT: 5 YEARS NUMBER OF VEHICLES OPERATED: 4 DESCRIPTION OF SERVICES PROVIDED: r Paratransit operations and maintenance City of Rosemead — Rosemead Transit Page 62 2020 Request for Proposal No. 2019-17 Reference 3 AGENCY/COMPANY NAME: City of Arcadia ADDRESS: 240 West Huntington Drive, Arcadia, CA 99007 CONTACT PERSON: Linda Hui EMAIL ADDRESS: Ihui@arcadiaca.gov PHONE NUMBER: 626-574-5435 LENGTH OF CONTRACT: 5 YEARS NUMBER OF VEHICLES OPERATED: 18 DESCRIPTION OF SERVICES PROVIDED: Paratra nsit/fixed -route operations and maintenance Reference 4 AGENCY/COMPANY NAME: City of Monterey Park CONTACT PERSON: Ronnie Tam EMAIL ADDRESS: htam@mnntereypark_ra,gov PHONE NUMBER: 626-307-1383 LENGTH OF CONTRACT: 4 YEARS NUMBER OF VEHICLES OPERATED: A DESCRIPTION OF SERVICES PROVIDED: Fixed route operations and maintenance City of Rosemead — Rosemead Transit 2020 Request for Proposal No, 2019-17 Page 63 FORM F t CITY OF ROSEMEAD ROSEMEAD TRANSIT DRUG-FREE WORKPLACE CERTIFICATION First Transit, Inc. 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: Bradley A. Thomas DATE EXECUTED: January 3, 2020 „yl15tl1 �Iflffft ``````.,Sgt CdiR.9$.. � EXECUTED IN THE COUNTY Hamilton ' 014 CONTRACTOR SIGNATURE: t President - TITLE: FEDERAL L[I. NUMBEF�06z�3-1 716919 r- .............. �*.. City of Rosemead— Rosemead Transit Page 64 2020 Request for Proposal No. 2015.97 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 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 Vll. 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 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 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 elfinsured 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. 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. A ® CERTIFICATE OF LIABILITY INSURANCE DATE(M 3/DD202 D5/3D/2D20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. C/o Aon client services 4 overlook Point Lincolnshire IL 60069 USA CONTACT NAME: PHONE FA% (A/C. No. Ext): (866) 283-7122 (A/c. No.): (800) 363-0105 E-MAIL ADDRESS: X COMMERCIALGENERALDABILITY INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: National Union Fire Ins Co Of Pittsburgh 19445 INSURER B: New Hampshire Insurance Company 23841 First Transit Inc 600 vine Street Suite 1400 INSURER C: American Home Assurance Co. 19380 Cincinnati OH 45202 USA INSURER D: ACE Property & Casualty Insurance Co. 120699 INSURER E: AIG Specialty Insurance Company 126883 INSURER F: TO DAMAGES(RENTED $5,000,000 PREMISES (Ea occurrence) PREMISES Cr]VFRACES CERTIFICATE NUMBER: 5/UUUII fut599 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MWDDIYYYY) POLICY E%P (MM/DD/YYYY) LIMITS A X COMMERCIALGENERALDABILITY GL3629890 04/01/2020 04/01/2021 EACH OCCURRENCE $10,000,000 CLAIMS -MADE ❑X OCCUR TO DAMAGES(RENTED $5,000,000 PREMISES (Ea occurrence) PREMISES MED EXP (Any one person) Excluded PERSONAL &ADV INJURY $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY [E PRO- JECT FilLOC GENERALAGGREGATE $10,000,000 PRODUCTS-COMP/OP AGG $10,000,000 OTHER: A AUTOMOBILE LIABILITY CA1921809 AOS 04/01/2020 04/01/2021 COMBINED SINGLE LIMIT $10,000,000 (Ea accident) BODILY INJURY ( Per Person) A X ANY AUTO CA1921808 04/01/2020 04/01/2021 BODILY INJURY (Per accident) A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY VA CA1921810 MA 04/01/ 2020 04/01/2021 PROPERTY (Per accidentDAMAGE D _fl UMBRELLALIAB EXCESS LIAR X CLAIMS -MADE OCCUR XEUG71795093001 SIR applies per policy ter 04/01/2020 s & condi 04/01/2021 ions EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I X RETENTION B B C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY UTNE FFICERARTNER/ N EXECB (Mandatory tory In NIH) R/MEMBER DESCRIPTION OF OPERATIONS below NIA I WC014649551 WC014649550 WCO14649548 WC014649547 - WC014649549 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2021 04/01/2021 04/01/2021 04/01/2021 04/01/ZO211 X PER STATUTE OTH- ER E.L. EACH ACC [DENT $5,000,000 E.L. DISEASE -EA EMPLOYEE $5,000,000 E.L. DISEASE -POLICY LIMIT $5,000,000 A Excess WC XWC6583124 04/01/2020 04/01/2021 EL Each Accident $5,000,000 SIR applies per policy ter s & condi Jons EL Disease - Policy $5,000,000 EL Disease - Ea Emp $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) sexual Abuse and Molestation coverage is included under the General Liability policy. RE: Municipal Dial -a -Ride and fixed route bus service for the City of Rosemead, CA. City of Rosemead its officials, employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, -but only.in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General LiabilityAutomobile Liability and Workers' Compensation policies. Contractual Liability coverage is included under the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Rosemead AUTHORIZED REPRESENTATIVE Attn: Chris Daste Director of Public Works �Q p 8838 E. valley Blvd. QC 1�e%92.1 0 .f/'L�iSI!r lwie mina Rosemead CA 91770 USA e.�4a�a c./�' e.! ©1988-2016 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 100000000112 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY , Aon Risk services Northeast, Inc. NAMED INSURED First Transit Inc POLICY NUMBER see certificate Numbe 570081170899 CARRIER see certificate Numbe 570081170899 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER SUBR WVD INSURER POLICY EFFECTIVE DATE INSURER LIMITS INSURER OTHER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE (MM/DDlYYYY) LIMITS OTHER E Excess Auto Lia 6631262 $15M x $10M 04/01/2020 04/01/2021 Each Occurrence $15,000,000 Aggregate $15,000,000 ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2020 forms a part of policy No.GL 362-98-90 issued to FIRSTGROUP AMERICA, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: . The coverage and/or limits of this policy, or The coverage and/or limits required by said contract or agreement. 61712 (12/06) Auth rized Representative or, Countersignature (in States Where Applicable Page 1 of 1 POLICY NUMBER: GL 362-98-90 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF ROSEMEAD AS REQUIRED BY WRITTEN CONTRACT ATTN: CHRIS DASTE DIRECTOR OF PUBLIC WORKS 8838 E. VALLEY BLVD. ROSEMEAD, CA 91770 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the . following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 0 Insurance Services Office, Inc., 201 B Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19