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CC - Item 5A - Award of Contract for City Transit Services• • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER lT"'G:- DATE: FEBRUARY 26, 2008 SUBJECT: AWARD OF CONTRACT FOR CITY TRANSIT SERVICES SUMMARY On November 20, 2007, the City Council approved specifications for transportation services and authorized staff to solicit bids from seven qualified transit service providers. As part of the new contract award, the selected vendor will provide the City with new vehicles for transit services, the ability to provide alternative fuels and reduce vehicle emissions, improved marketing and outreach, and access to new technologies in the transit services industry. The proposed contract will begin on September 1, 2008. Staff Recommendation Staff recommends that the City Council approve the terms and award a five-year agreement with Southland Transit, Inc. through June 30, 2013 to provide transit services in the City of Rosemead. DISCUSSION Proiect Description/Scope of Services The current contract for City transit services expire on August 31, 2008. The scope of work in the attached specification includes providing management and operation of the Rosemead Transit system, which operates the Rosemead Dial-A-Ride and Shopper Shuttle services. The specifications provide for the same services as currently offered, with enhanced reporting, service levels, documentation, and safety programs. In addition to cost, firms were evaluated on several criteria, including: • Prior experience providing transit services in other communities. • Their ability to meet the needs of the City, as listed in the request for proposal. • The proposed project manager's experience. • The proposed location, vehicles and equipment to be used in providing transit services. • The proposed approach used to help dispatch vehicles, ensure customer satisfaction, and improve operating efficiencies. APPROVED FOR CITY COUNCIL AGENDA: 0 ' • L • • City Council Meeting February 26, 2008 Page 2 of 6 Evaluation Criteria Proposals submitted to the City were reviewed by City staff and the City's transit services consultant, Roy Glauthier. All four companies that submitted proposals were asked to participate in an in-person interview with City staff and a transit services manager from another local city on January, 23, 2008. As indicated in the RFP, Section 21, Screening, Selection and Award (see RFP Page 7, Section 21); fee schedules and costs will not be the sole criteria for award of this agreement. Instead, evaluation criteria for the proposals will include several categories, including experience, facility and equipment listing, cost, safety and training practices, management ability, and reference checks. After interviewing the four transit firms, three firms were asked to submit "Best and Final Offers" in accordance with Section 21, Screening, Selection and Award (see RFP Page 7, Section 21). These three firms all submitted high quality proposals, received positive remarks from other cities that utilize their services, and were relatively close in cost. The three firms include First Transit, Southland Transit, and Transportation Concepts. Transit Services Experience Bidders were asked to list relevant experience providing transit services in other local cities. Background checks were conducted for all three transit services firms. Each vendor received relatively high remarks for the services they provide. Below is a list of some cities that each firm provides services in: First Transit: Rosemead, Paramount, San Fernando, Bellflower, Pasadena, Redondo Beach, Monterey Park Southland Transit: Arcadia, Alhambra, Monrovia, Baldwin Park, West Covina, El Monte Transportation Concepts: Corona, Santa Monica, Blythe Operations Facility Proximity to Rosemead Bidders were asked to provide information about the operations facility that would be used to service the City of Rosemead's vehicles. Below is a list of the proposed maintenance and operations facility for each firm. First Transit: El Monte, CA Southland Transit: El Monte, CA Transportation Concepts: Los Angeles, CA City Council Meeting February 26, 2008 Page 3 of 6 Alternative Fuels vs. Conventional Fuels Bidders were asked to include an option in their proposals to use alternative fueled vehicles for transit services. Alternative fueled vehicles help reduce vehicle emissions, are beneficial to the environment, and can sometimes result in fuel cost savings, depending on the type of fuel system that is used. All three firms submitted proposals to use either propane or conventional fuels. Below is a list estimated five-year fuel cost for each firm based on the fuel type. FIRM 5-YEARFUEL COST: 5-YEAR FUEL COST: GASOLINE PROPANE First Transit $313,092 $281,783 Southland $436,206 $282,727 Transit Transportation Concepts $635,639 $596,432 • • City Council Meeting February 26, 2008 Paoe 4 of 6 Total Cost Information Each proposal was required to include the overall cost to the City. The cost calculation is based on several components including a fixed fee plus an hourly fee times the number of vehicle revenue hours actually operated each month. In addition, the City pays for the actual cost of fuel used by Rosemead Transit vehicles. This cost calculation ensures that the City is paying for services as demand warrants it, as opposed to paying a fixed fee for services whether there is low or high demand. Below is a brief summary of the overall costs. Attachment 2 is a more detailed cost analysis showing each cost component. As illustrated in the table below, although there is a higher cost associated with purchasing propane transit vehicles, the cost is almost evened out by lower fuel costs. Based on relatively low cost difference between alternative fuels and conventional fuel over a five year period, it is recommended that the City Council award the transit services contract with the alternative fuel option. FIRM 5-YEAR • COST: 5-YEAR TOTAL COST: GASOLINE PROPANE First Transit $4375,983 $4,431,967 Southland $4,317,857 $4,354,544 Transit Transportation Concepts $4,898,428 $4,999,915 • City Council Meeting February 26, 2008 Paae 5 of 6 • Overview of Evaluation Criteria- The following chart places a ranking (1= best) on the criteria for each proposal submitted. Several firms have very similar operations, i.e. experience, so the scores will be the same. Firm Annual Cost (Alternative Fuels) Experience Rosemead First Transit 2 1 1 Southland 1 1 Transit Transportation 3 1 3 Concepts Recommendation Based on the evaluation of bids using the criteria above, City staff believes the proposal from Southland Transit will provide the best value for the City and the residents of Rosemead in terms of a combination of service quality and cost. Southland Transit has provided transportation services successfully in several local cities for over fifty years. FINANCIAL REVIEW Funding for this project is provided through the Los Angeles County Proposition A Local Return funding and fare revenues. In Fiscal Year 2006, these funds resulted in $914,000 in revenue for transportation programs. These funds were used to offset programming costs, administrative costs, and the net management and operating costs of the current contract. ENVIRONMENTAL REVIEW This project does not require environmental review. • City Council Meeting February 26, 2008 Page 6 of 6 LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. Prepared by: cg". Chris Marcarello Administrative Services Officer- Su a by Brian aeki Assistant City Manager Attachments: (1) City Council Staff Report 11-20-2008 (2) Detailed Cost Analysis (3) Transportation Services Agreement ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: NOVEMBER 20, 2007 SUBJECT: APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR CITY TRANSIT SERVICES SUMMARY The City of Rosemead offers residents a public transportation program that includes curb-to-curb and fixed route shuttle services. In analyzing the City's transportation program, staff found that these services had not gone out to bid in approximately eleven years. Typically, these services are bid more frequently, usually occurring every five to seven years. Bidding transit services helps cities take advantage of emerging technologies and allow them to better tailor marketing programs to residents. Issuing a Request for Proposal will allow the City to access a competitive market for transportation services, improve service levels, and ensure that City residents are provided with the highest quality of services available. Staff Recommendation Staff recommends that the City Council: 1. Approve the attached specifications for transportation services 2. Authorize staff to solicit bids from the attached list of qualified transit service providers 3. Authorize the City Manager to execute a two-month contract extension with the current service provider, Laidlaw/First Transit, to provide time to complete the procurement process. DISCUSSION Proiect Description/Scope of Services The current contract for City transit services expire on June 30, 2008. The scope of work in the attached specification includes providing management and operation of the APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting November 20, 2007 Page 2 of 4 Rosemead Transit system, which operates the Rosemead Dial-A-Ride and Shopper Shuttle services. The specifications provide for the same services as currently offered, with enhanced reporting, service levels, documentation, and safety programs. Over the past six months, staff and Roy Glauthier, a local transit consultant, conducted a review of City-managed services including analyzing operating data, observing current service operations, and interviewing the City's current contractor, Laidlaw/First Transit. This review confirmed that the City's vehicle fleet for transit operations is aging and is reaching high mileage levels. In addition, after nearly eleven years with the same service, the marketing and management practices are in need of updating. Issuing a Request for Proposals (RFP) will provide residents with new vehicles and updated promotional materials. Only City-managed services (Dial-A-Ride and Shopper Shuttle) are included in the attached specification for bidding. Rosemead Dial-A-Ride The Rosemead Dial-A-Ride provides primarily advance-reservation, curb-to-curb demand responsive transportation to senior residents age 55 and above and individuals with disabilities as certified by City staff. A request for service may be made up to 14 days in advance of the service day or may be set up as recurring appointments for trips made for the same day and time each week (i.e. doctor's appointments, grocery shopping trips). Same day and immediate trip requests are accommodated if capacity is available. Dial-A-Ride service operates the following days and hours: Weekdays (Monday - Friday): 6:00 am - 7:00 pm Weekends (Saturday and Sunday): 6:00 am - 7:00 pm Holidays: 8:00 am - 4:00 pm The Dial-A-Ride service operates 365 days a year, with reduced operation of only one (1) vehicle on these holidays: New Year's Day, Memorial Day, July 4cn, 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. A maximum of four (4) ADA-compliant paratransit vehicles are operated in Dial-A-Ride service at peak periods and the existing contract specifies the number of vehicles to be operated on weekdays, weekends and holidays by time of day. City policy requires that service be provided on request to any origin or destination within five miles of the City's limits. In addition, residents may utilize the service for medical appointments to Kaiser Hospital in Baldwin Park and Huntington Memorial in Pasadena. Fares for these services are $0.50 per trip for seniors and disabled residents and no cost for sight-impaired residents and aides. City Council Meeting November 20, 2007 Page 3 of 4 Rosemead Shopper Shuttle The Rosemead Shopper Shuttle is a general public, community fixed route service operating bi-directional on a single route through the city. Shopper Shuttle services operate the following days and hours: Weekdays (Monday - Friday): 11:00 am - 8:00 pm Weekends (Saturday and Sunday): 10:00 am - 5:00 pm City Policy requires that shuttle services operate year-around, with the exception of Christmas Day, Thanksgiving Day and New Year's Day. Two shuttle vehicles operate during each of these active periods. Fares for these services are affordable and straightforward, costing $0.50 per trip for the general public and no cost for seniors, disabled persons, and children under 5 years of age. Request for Proposal Process To ensure that a high standard of service is maintained, the specifications for Rosemead's transit services are detailed in the request for proposal and the proposed agreement. These specifications include: minimum staffing levels and service requirements, operational and financial reporting requirements, insurance requirements, driver training and safety standards, equipment requirements, maintenance standards, and performance standards. Service levels will be monitored by City staff who will also review the contractor's required reports for operations and financial activity. The term of the proposed contract is for five years due to the large commitment of personnel and equipment required to provide initial service. Experience has proven that a multi-year contract is the most cost-effective means to have transit services performed for both the City and the contractor. Bid Process and Analysis Upon City Council approval, the RFP will be mailed to a list of known qualified transit service providers. Tentatively, proposals will be due to the City by Thursday, January 10th and staff will present a recommendation to the City Council on February 12, 2008. The timeline for soliciting bids is included in the RFP (see RFP Page 4, Section 2B Tentative Schedule). In order to meet this timeline, an extension on the current transit services contract with Laidlaw/First Transit is needed for a two-month time period (July 2008 and August 2008). Doing so will allow the successful transit contractor sufficient time to order new vehicles and prepare them for service. If approved, the new contract would begin September 1, 2008. C City Council Meeting November 20, 2007 Paae 4 of 4 Evaluation Criteria 0 Proposals submitted to the City will be reviewed by City staff and local transit professionals. As indicated in Section 21, Screening, Selection and Award (see RFP Page 7, Section 21); fee schedules and costs will not be the sole criteria for award of this agreement. Instead, evaluation criteria for the proposals will include several categories, including experience, facility and equipment listing, cost, safety and training practices, management ability, and reference checks. FINANCIAL REVIEW Funding for this project is provided through the Los Angeles County Proposition A Local Return funding and fare revenues. In Fiscal Year 2006, these funds resulted in $914,000 in revenue for transportation programs. These funds were used to offset programming costs, administrative costs, and the net management and operating costs of the current contract. ENVIRONMENTAL REVIEW This project does not require environmental review. LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. Prepared by: Chris Marcarello Administrative Services Officer Submitted by: Brian Saeki Assistant City Manager Attachments: (1) Request for Proposal for Transportation Services (2) Bidder's List (3) Letter of Extension with Laidlaw/First Transit NOTICE OF REQUEST FOR PROPOSALS (RFP) The City of Rosemead is soliciting proposals from interested parties to provide the turn- key management and operation of the City's Rosemead Dial-A-Ride and Shopper Shuttle services, together referred to as Rosemead Transit. The Rosemead Transit system began providing local transportation in the 1980's and, during the 2006-07 year, provided 13,015 Dial-A-Ride trips and 69,663 Shopper Shuttle trips, for a system total of 82,678 annual passenger trips. At peak, the Dial-A-Ride operates a total of 4 vehicles and the Shopper Shuttle a. total of two vehicles. The Shopper Shuttle operates entirely within the city limits of Rosemead while the Dial-A- Ride provides service to destinations within 5 miles of the city limits and some longer- distance trips for medical purposes only. Both services operate 7 days a week. The- City is currently interested in proposals that will address the management, operations, and maintenance of the Rosemead Transit system over the next five years, September 1, 2008 through August 31, 2013. Proposal documents may be obtained at the Rosemead City Hall, 8838 E. Valley Blvd., Rosemead, California 91770. The deadline for submitting proposals is Thursday, January 10, 2008 at 3:00 p.m. A mandatory pre-proposal conference will be held on Wednesday, December 12, 2007 at 10:30 a.m. in the Council Chamber Conference Room, 8838 E. Valley Blvd., Rosemead, California. Please direct all comments or questions to Chris Marcarello, Administrative Services Officer, City of Rosemead, 8838 E. Valley Blvd., Rosemead, California, 91770. By: (I J~z Chris Marcarello Administrative Services Officer F) REQUEST FOR PROPOSALS MANAGEMENT AND OPERATION OF THE ROSEMEAD TRANSIT SYSTEM 1. DESCRIPTION OF THE PROJECT The Rosemead Transit, system, initiated by the City of Rosemead in the 1980's, provides Dial-A-Ride and community fixed route transit services. Dial-A-Ride service is provided to seniors (55+) and individuals. with disabilities within the city and to destinations within 5 miles of the city limits and, upon approval, for medical appointments to the Kaiser Hospital facility in Baldwin Park and the Huntington Memorial Hospital area in Pasadena. The Shopper Shuttle operates community fixed route services entirely within the city, with two buses operating a single route in opposite directions. The combined Rosemead Transit services carried a total of 82,678 passenger trips in the year just completed. During that period, the services operated a combined total of 16,680 vehicle revenue hours and 160,096 vehicle revenue miles. Exhibit F contains Rosemead Transit operating and financial data and basic performance indicators for the past three years. The City finances the Rosemead Transit system through Los Angeles County Proposition A Local Return funding and fare revenues. The City does not receive any Federal or State transit funding. Rosemead Dial-A-Ride The Rosemead Dial-A-Ride provides primarily advance-reservation, curb-to-curb demand responsive transportation to senior residents of the city age 55 and above and individuals with disabilities as certified by City staff. Requests for service may be made up to 14 days in advance of the service day or, for trips that"are taken on a regular basis at the same day and time each week, can be set up as subscription trips. Same day and immediate trip requests are accommodated if capacity is available. This is not an ADA paratransit service. Dial-A-Ride service operates the following days and hours: Weekdays (Monday - Friday): 6:00 am - 7:00 pm Weekends (Saturday and Sunday): 6:00 am - 7:00 pm Holidays: 8:00 am - 4.00 pm The Dial-A-Ride is to operate 365 days a year, with reduced operation of only one (1) vehicle on these holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. The CITY reserves. the right to direct the operation of reduced levels of service on unofficial holidays and during holiday periods. City of Rosemead - Rosemead Transit 2008 Request For Proposals 2 A maximum of four (4) ADA-compliant paratransit vehicles are operated in Dial-A-Ride service at peak periods and the existing contract has specified the number of vehicles to be operated on weekdays, weekends and holidays by time of day. Beginning with this new contract, the Contractor will be responsible 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. Also beginning with this contract, vehicles and operators will be required to comply with General Public Paratransit Vehicle [GPPV] requirements. Dial-A-Ride service is provided within the city and to destinations within 5 miles of the city limits and, upon approval, for medical appointments to the Kaiser Hospital facility in Baldwin Park and the Huntington Memorial Hospital area in Pasadena. Shopper Shuttle The Shopper Shuttle is a general public, community fixed route service operating bi- directional on a single route through the city. Shopper Shuttle services operated the following days and hours: Weekdays (Monday - Friday): 11:00 am - 8:00 pm Weekends (Saturday and Sunday): 10:00 am - 5:00 pm 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. General The Rosemead City Council is the policy making body for the Rosemead Transit system. Overall administration, planning, monitoring and marketing of the system is vested in the City's Administrative Services Department, under_ the direction of the Administrative Services Officer,: . Since the inception of Rosemead Transit, the City has utilized the services of an independent management and operations Contractor to provide full "turn key" management and operation of the systems The City provides only policy direction, general supervision and monitoring of services, service and system planning, marketing support and materials, fare.media and qualification of residents to use the Dial-A-Ride. [See RFP Section 2 herein for "City Duties and Responsibilities."] 3 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 • II. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS The following shall be considered an essential part of this Request for Proposals ("RFP"). A. General Information The City of Rosemead, California, referred to as "CITY" herein, is requesting proposals for the management and operation of the Rosemead Transit system, which operates the Rosemead Dial-A-Ride and Shopper Shuttle services. For purposes of this RFP, independent contractors interested in submitting proposals are referred to as "OFFEROR" or "CONTRACTOR". Included as Exhibit B to this RFP is a DRAFT AGREEMENT that will be amended to reflect the specific terms and conditions of this procurement. The term of this Agreement will be for a base period of five (5) years from September 1, 2008 through August 31, 2013 plus two (2) one (1) year options. The first contract period shall run for one (1) year from September 1, 2008 through August 31, 2009. All succeeding periods shall be twelve (12) months in length, running from September 1 through August 31 of the following year. The successful OFFEROR to whom an award is made will be required to enter into a Professional Services Agreement ("PSA") with CITY substantially similar to the DRAFT AGREEMENT. Exhibit A to this RFP is the Scope of Work detailing the services to be provided by the CONTRACTOR. All proposals shall be for the complete "turn key" management and operation of the Rosemead Transit system, as specified and in all respects, so that the proposal contemplates and ensures a complete "Turn-Key" system such that nothing remains to be purchased, provided or supplied by CITY, other than as noted within the provisions of this RFP. It is understood by each OFFEROR that this RFP requires, in all cases, all elements of a complete operating system for Rosemead Transit. B. Tentative Schedule The tentative schedule and description of events for this procurement are given.below: Date: December 03, 2007 December 12, 2007 December 19, 2007 December 27. 2007 January 10, 2008 City of Rosemead - Rosemead Transit 2008 Request For Proposals Activity: Issue Request for Proposal (RFP) Mandatory Pre-proposal Meeting Deadline for submitting questions Written response. by the City; issue Addenda Proposals due; non-public opening is held and evaluation begins 4 January 23, 2008 Interviews, if necessary February 12, 2008 Selection recommendation made to City Council and . award contract March 1, 2008 Agreement executed and Notice to Proceed September 1, 2008 Start of Services Tentative dates, including start-up date, are subject to change at the sole discretion of the City. C. Mandatory Pre-Proposal Conference and Submission of Questions A mandatory pre-proposal conference will be held on Wednesday, December 12, 2007 at 10:30 a.m. in the Council Chamber Conference Room, 8838 E. Valley Blvd., Rosemead, California, for the purpose of receiving questions and comments pertaining to this RFP. Questions and comments may also be submitted in writing to the Administrative Services Officer, City of Rosemead, 8838 E. Valley Blvd., Rosemead, California 91770, or by facsimile copy to 626-307-9218. All questions must be received no later than 11:00 A.M. on Wednesday, December 19, 2007. In the event of that questions and comments are received, a CITY_ response will be sent to all parties in the form of an addendum (or addenda) to this RFP no later than Thursday, December 27, 2007. D. RFP Addenda Any changes to the RFP requirements will be made by written addendum. Addenda will be mailed to OFFERORS at the address provided by OFFERORS. All addenda must be specifically acknowledged in OFFEROR's proposal using Exhibit E, Addenda Acknowledgement Form. Failure to acknowledge receipt of. addenda shall cause the proposal to be considered non-responsive. Such proposals will be rejected. E. Verbal Agreement or Conversation No prior or current verbal conversations or agreements with any officer, agent, or employee of the CITY shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement. F. Required Submittal Information Each OFFEROR must submit one (1) original signed copy and five (5) duplicate copies of the complete proposal in sealed envelope(s) marked "Transit Service RFP" and the name of the OFFEROR. Proposal submissions must contain sequential page numbers. 5 City of Rosemead - Rosemead Transit 2008 Request For Proposals Please note that proposals are limited to a total of fifty (50) single-sided letter-sized sheets using a typeface no smaller than 11 point The fifty (50) pages shall include all text pages tables figures exhibits divider and cover pages and required proposal forms but shall not include appendices and attachments to the proposal. Proposers are warned against placing material information in appendices and/or attachments. Proposals must be submitted on the PROPOSAL FORM provided as Exhibit D and must include all required attachments. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto, and all corrections must be initialed in ink by the person signing the PROPOSAL FORM. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested may result in rejection of the proposal. If the proposal consists of a "prime" contractor and one or more subcontractors, the OFFEROR shall identify all subcontractors and the areas of their responsibility. Not withstanding the use of subcontractors by the prime CONTRACTOR, the CITY will enter into an AGREEMENT only with the prime CONTRACTOR who shall be responsible for all services required by the attached AGREEMENT. By submitting a proposal, the OFFEROR certifies that his/her/its name (as well as the names of any proposed subcontractors) does not appear on the Controller General's List of Ineligible Contractors for federally assisted projects. Upon award of the contract, all proposals shall be public record (except financial statements, submitted under a separate cover with a request for confidentiality, which shall be disclosed only upon order of a court with competent jurisdiction). Information contained in any proposal or information regarding the number or identity of OFFERORS will be made available during the course of normal City business hours. Specific requests for proposal information shall be made by request to the Administrative Services Officer and scheduling an appointment. No proposal shall be withdrawn after the date and time set for opening thereof, and all proposals shall remain in effect for a minimum of one hundred twenty (120) days after the final proposal submission date. H. Submission of Proposals The City must receive one (1) original signed copy and five (5). duplicate copies of the project proposal, including all required attachments. Proposals will be received by the Administrative Services Department of the City of Rosemead until 3:00 P.M. PST on Thursday, January 10, 2008. 6 City of Rosemead - Rosemead Transit 2008 Request For Proposals All proposals either mailed or hand delivered will be received at the following location: City of Rosemead Administrative Services Department Transit Service RFP . 8838 E. Valley Blvd. Rosemead, California 91770 The City will not accept proposals submitted by facsimile copy or electronically. Responsibility for submitting the proposal and pricing to the City on or before the above stated time is SOLELY AND STRICTLY that of the PROPOSER. The City will in no way be responsible for delays in the delivery of the mail or delays caused by any other occurrence. The City will not be responsible for premature opening of proposals not properly marked. I. Screening, Selection, and Award Screening and selection will take place through the process described below. Contract award will be made to the OFFEROR which (a) meets REQUIRED QUALIFICATIONS OF CONTRACTOR specified in Part III of this RFP, and (b) submits the proposal considered most advantageous to CITY based on EVALUATION CRITERIA set forth in Exhibit C to this RFP. Negotiations may or may not be conducted with OFFERORS; hence, the proposal should include the OFFERORS' most favorable terms and conditions since selection may be made without discussion with any OFFEROR. The screening and selection process shall be as follows: Step 1. Sealed proposals will be opened and evaluated to determine compliance with REQUIRED QUALIFICATIONS OF CONTRACTOR. Proposals meeting specified requirements will be considered responsive and will be included in Step 2. Step 2. Responsive proposals will be reviewed by an evaluation panel based on EVALUATION CRITERIA of this RFP and the weighting assigned thereto. Weighted scores from all panel members will then be added and a total value will be calculated and assigned to each proposal. Following such evaluation, a decision will be made whether to recommend awarding a contract without further discussion to the OFFEROR receiving the highest score, or to negotiate with OFFERORS within a competitive range. Step 3. If a decision is made to conduct negotiations, OFFERORS within a competitive range may be interviewed on or about prior to Wednesday, January 23, 2008. The purpose of such interviews will be to obtain additional information or clarification of OFFERORS' proposals and to discuss modifications of such proposals. At a minimum, the proposed Project Manager and a senior management staff official authorized to commit on behalf of the OFFEROR shall be present at such interview. 7 City of Rosemead -Rosemead Transit 2008 Request For Proposals Upon completion of such interviews, the CITY reserves the right to request the submission of "Best and Final" offers. The evaluation panel shall review "Best and Final" offers, if requested, and conduct a final evaluation of proposals. Proposals will again be assigned a total score based on EVALUATION CRITERIA weighted scores. The evaluation panel will then recommend one OFFEROR, based on the results of the final scoring, for approval by the City Council of the City of Rosemead. Council approval is expected on or about, Tuesday, February 12, 2008. The CITY reserves the right to withdraw this RFP at any time without prior notice. Further, the CITY reserves the right to modify the RFP schedule described above. The oCITY also makes no representations that any contract will be awarded to any OFFEROR responding to this RFP. The CITY expressly reserves the right to reject any and all proposals without indicating any reasons for such rejection(s), to waive any irregularity or informality in any proposal or in the RFP procedure, and to be the sole judge of the responsiveness of any OFFEROR and of the suitability of the materials and/or services to be rendered. J. Exceptions and Alternatives OFFERORS may not take exception or make alterations to any requirement of the RFP If an alternative proposal is submitted, it must be submitted as a separate proposal. No such proposal shall be considered unless it satisfies all requirements of this RFP. The CITY expressly reserves the, right in its sole discretion to consider such alternate proposals and to award a contract based thereon if determined to be in the CITY'S best interest. Since the CITY desires to enter into one contract to provide all services, only those proposals to provide all services shall be considered responsive. K. OFFEROR'S Representations In submitting a proposal, the OFFEROR affirms that he/she/it is familiar with all requirements of the RFP and has sufficiently informed himself/herself/itself in all matters affecting the performance of the work or the furnishing of the labor, supplies, materials, equipment, or facilities called for in this RFP; that he/she/it has checked the proposal for errors and omissions; that the prices stated are correct and as intended by the OFFEROR and are a complete statement of his/her/its prices for performing the work of furnishing the labor, supplies, materials, equipment or facilities required. The above provisions shall apply equally to any modifications submitted by OFFEROR in a "best and final" offer. L. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by OFFEROR in: (1) preparing the proposal in response to this RFP; (2) submitting the proposal to the CITY; (3) negotiating with the CITY on any matter related to this RFP; (4) any other expenses 8 City of Rosemead - Rosemead Transit 2008 Request For Proposals incurred by the OFFEROR prior to the date of award, if any, of the proposed AGREEMENT. The CITY shall not, in any event, be liable for any pre-contractual expenses incurred by OFFEROR. OFFEROR shall not include any such expenses in the RFP. M. Compliance with Federal Laws and Requirements OFFEROR shall comply with all applicable Federal laws and requirements including, but not limited to: Equal Employment Opportunity, ADA, and Drug and Alcohol Testing Requirements. 1. Equal Employment Opportunity Regarding the performance of this contract, the contractor shall not discriminate against any employee or applicant for employment based on race, color, age, creed, sex, or national origin. Such action shall include, but not, be limited to, the following: employment, upgrading, demotion or transfer, recruitment, layoff or termination, rates of pay or other forms of compensation, and selection for training. 2. Drug-Free Workplace Certification Requirements Contractor shall comply with the Drug-Free Workplace Certification Requirements as administered by Caltrans for Federal grant funds recipients. N. Interpretation The laws of the State of California shall govern all the rights and duties of the successful OFFEROR and CITY under the contract entered into pursuant to this RFP. 0. Execution of Agreement If the CONTRACTOR is an individual, he or she shall execute the AGREEMENT personally. If the CONTRACTOR is a partnership, the AGREEMENT shall be executed by all partners, or by a managing general partner lawfully empowered to bind the partnership. If the CONTRACTOR is a corporation, two officers of the corporation must execute it, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the AGREEMENT, or if it is executed by a person other than an officer, there must be attached to the AGREEMENT a certified copy of a resolution of the corporation authorizing such officer or person to execute written agreements for and on behalf of the corporation. If the CONTRACTOR is a joint venture, the AGREEMENT must be executed on behalf of each participating firm by officers or other officials who have full and proper authorization to do so. 9 City of Rosemead - Rosemead Transit 2008 Request For Proposals Ill. REQUIRED QUALIFICATIONS OF CONTRACTOR Proposals for the management and operation of the Rosemead Transit system will be evaluated by CITY to determine whether or not they meet the following required qualifications. Proposals which fail to provide documentation responding to. all of the. required items set out below may be considered non-responsive and will be rejected. A. Experience In order to be considered eligible and qualified, OFFEROR must have a minimum of three years of experience in the field of providing public transportation services for systems similar to that contemplated herein. The OFFEROR should demonstrate familiarity with the management and operation of Dial-A-Ride and community fixed route public transit systems, including all related tasks such as vehicle control and dispatch, training, safety, vehicle maintenance, etc. The OFFEROR must have the capability to provide qualified personnel to manage and operate the system. A statement of qualifications demonstrating the foregoing and listing the OFFEROR'S experience in the public transit field, together with the names, addresses and telephone numbers of at least three other clients for whom similar services are being provided, shall be furnished with the proposal. Clients referenced should be located in California if possible. B. Organization The OFFEROR should submit a description of the firm's organizational structure, history, legal status (i.e., partnership, corporation, etc.), list of owners and officers, capabilities and experience, and management philosophy. The CITY is particularly interested in the OFFEROR'S approach to managing projects such as Rosemead Transit, organizational resources and expertise available, and the primary businesses or range of diversified businesses in which the OFFEROR'S firm is involved. C. Resource Allocation OFFEROR'S proposed allocation of contract resources must demonstrate an understanding of scope of work requirements as described in this RFP and attachments thereto. OFFEROR must submit a detailed budget breakdown on the PROPOSAL FORM. D. Staffing CONTRACTOR shall at all times be responsible for maintaining appropriate staffing levels, employing sufficient qualified and properly trained personnel to perform the management, administrative, call-taking, scheduling and dispatch, operating and maintenance functions necessary to operate the City's Dial-A-Ride and Shopper Shuttle services. 10 City of Rosemead - Rosemead Transit 2008 Request For Proposals The OFFEROR must submit a proposed staffing plan indicating all management and staff employee positions, the number of full-time equivalent employees at each position (full-time equivalent employee equals 2,000 work hours), and salary and benefit schedules for each employee classification. The staffing plan should be specific to each of the five years contemplated in the DRAFT AGREEMENT. The staffing plan must include the resumes of the proposed General Manager and Maintenance Manager showing all relevant education, training and experience. OFFEROR should also describe other personnel to the extent that their particular experience, skill and availability will affect the performance of this contract. OFFEROR should submit a description of the employee benefits package that will be provided including any incentive or motivational programs. OFFEROR should also specifically address any technical resources and staff that will be available to assist their local management at no additional cost to the City. E. Management and Personnel Policies The OFFEROR must be able to demonstrate a familiarity with modern management practices, a record of equitable labor management practices, and a commitment to Equal Employment Opportunity practices. F. Accounting and Reporting The OFFEROR must propose an adequate management information system to implement and maintain data collection, accounting, and reporting requirements of the DRAFT AGREEMENT. G. Performance Bond Before commencing work under this Agreement, Contractor shall furnish and file with the City Clerk a bond, or bonds, in a form satisfactory to the City Attorney. with a bonding company licensed and authorized to do business in the State of California in an amount no less than one-hundred percent (100%) of the amount payable to Contractor under this Agreement, conditioned upon the faithful performance of this Agreement. The bond(s) shall remain in full force and effect during the term of this Agreement, or any extension thereof. The bond(s) shall name the City of Rosemead as obligee. H. Insurance and Indemnity The insurance and indemnity requirements of this RFP, including the DRAFT AGREEMENT, will be considered minimum requirements and must be complied with in every respect. 11 City of Rosemead - Rosemead Transit 2008 Request For Proposals 9 1. Indemnification 1.1 Indemnity by Contractor. Contractor, its successors and assigns (the "Indemnitors"), agree to indemnify, defend and hold harmless City, its officers, officials, directors, employees, agents and volunteers (the "Indemnitees"), from and against any and all Damages (as defined below) suffered or incurred by the Indemnitees resulting from or related to (i) any breach of Contractor's obligations under this Contract; (ii) any violation by Contractor of any federal, state or local law applicable to Contractor's performance under this Contract, including without limitation, Applicable Environmental Laws; (iii) the failure of Contractor to pay any federal, state or local income, sales, use, payroll or other tax during the term of this Contract; (iv) the failure of Contractor to maintain any insurance coverage required to be maintained by this Contract; and (v) any claim resulting from the negligent or willful acts or omissions of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.. Notwithstanding the foregoing, the Indemnitors shall not be liable for any Damages that arise as a result of the sole negligence or willful misconduct of the Indemnitees. , 1.2 Definition of Damages. As used herein, "Damages" shall mean all liabilities, demands, claims, actions or causes of action, regulatory, legislative or judicial proceedings, assessments, levies, losses, fines, penalties, damages, .costs and expenses, in each case as awarded by a court or arbitrator, including, without limitation, reasonable attorneys', accountants', investigators', and experts' fees and expenses sustained or incurred in connection with the defense or investigation of any such liability. 1.3 Indemnitee Claims. Except as set forth in Section 1.4, in the event that an Indemnitee makes a claim for which the Indemnitee is indemnified pursuant to Section 1.1, the Indemnitee shall provide written notice of such claim to Indemnitors and Indemnitors shall have thirty (30) days following receipt of such notice to (i) make payment of the claim to Indemnitee; or (ii) if there is a good faith dispute whether such claim is valid, then provide written notice to Indemnitee of the factual and/or legal basis for Indemnitors' dispute of the claim. If Indemnitee and Indemnitors have not agreed on a resolution of the disputed claim within thirty (30) days of notice from Indemnitors, then pending final resolution of the dispute by court, arbitration or otherwise, Indemnitors shall either make payment of the full amount of the claim into an escrow account or post a bond for the full amount of the claim. 1.4 Defense of Third Party Claims. In the event that an indemnification claim hereunder is based in whole or in part upon any claim or legal proceeding asserted by a person or entity which is not a party to this Contract (a "Third Party Claim"), promptly after receipt of notice of the Third Party Claim, the Indemnitees shall notify the Indemnitors of such claim in writing. The Indemnitors shall have a period of 30 days following the receipt of such notice to notify the Indemnitees of 12 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 • whether the Indemnitors elect to assume the defense thereof. If the Indemnitors so notify the Indemnitees that they elect to assume the defense, the Indemnitors thereafter shall undertake and diligently pursue the defense of the Third Party Claim. The Indemnitors shall not consent to entry of judgment or enter into any settlement agreement, without the consent of the Indemnitees, which does not include a complete and unconditional release of the Indemnitees or which imposes injunctive or other equitable relief against the Indemnitees. The Indemnitees shall be entitled to participate in, but not control, the defense thereof, with counsel of its choice and at its own expense. If the Indemnitors do not give the requisite notice, or fail to assume and diligently pursue the defense of such Third Party Claim, the Indemnitees may defend against such Third Party Claim in such manner as they may deem appropriate, including without limitation, settlement thereof on such terms as the Indemnitees may deem appropriate, and to pursue such remedies as may be available to the Indemnitees against the Indemnitors. Notwithstanding the foregoing, the Indemnitees shall not consent to entry of a judgment or enter into any settlement agreement, without the consent of the Indemnitors, which does not include a complete release of the Indemnitors. 2. Insurance: On or before the commencement of the term of this Contract, CONTRACTOR shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with this Section. OFFEROR must state renewal dates for all insurance coverage and must provide a statement of loss experience for the previous last two years. The statement of loss experience must also identify any claims that may be pending at the present time. An endorsement naming the CITY as additional insured for all liability coverage shall be furnished with the insurance certificates. Such certificates, which do not limit CONTRACTOR's indemnification set forth herein, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' advance notice to the CITY of Rosemead by certified mail, Attention: Risk Manager." It is agreed that CONTRACTOR shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance business in the State of California. No subcontract work shall commence until similar insurance coverage has been obtained by the subcontractor and verified by the CONTRACTOR. The CONTRACTOR shall then immediately notify the CITY, in writing, of the types and amounts of such insurance. 13 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 • 3. Coverage: CONTRACTOR shall maintain the following insurance coverage: (a). Vehicle Liability Insurance. Throughout the term. of this Agreement, Contractor shall provide vehicle" liability insurance in the amount of Ten Million Dollars ($10,000,000.00) combined single limit Bodily Injury and Property Damage. Coverage may be provided through one or more policies and shall include: Uninsured Motorist (UM) and Personal Injury Protection (PIP) with coverage limits as required by law; Medical Payments with coverage limits of $500 per person per occurrence (b). General Liability and Protection and Indemnity Insurance. CONTRACTOR shall procure and maintain during the life of this Contract General Liability Insurance on a commercial form with a minimum of Ten Million Dollars ($10,000,000), covering all legal liability for personal injury, bodily injury, death and property damage to the vehicle maintenance facility and any applicable endorsement or rider for the storage, handling, transportation and , disposal of Hazardous Substances that may arise out of CONTRACTOR's performance under this Contract except as may be covered by insurance coverage provided by the CITY, as described elsewhere in the.Contract. (c). Vehicle Physical Damage. With respect to the vehicles to be used under the terms of this Contract, CONTRACTOR shall maintain in full force and effect insurance covering vehicles against physical damage from comprehensive and collision, in an amount equal to the vehicles' actual cash value. Any deductible shall not exceed Ten Thousand Dollars ($10,000.00) Per Incident, must be stated in writing to the City and shall be the sole responsibility of the CONTRACTOR. (d). Workers' Compensation and Employer's Liability Insurance. CONTRACTOR shall procure and maintain during the life of this Contract Workers' Compensation Insurance in conformance with. the laws of the State of California and with the laws of the United States and Employers' Liability Insurance with a minimum of Five Million Dollars ($5,000,000). 4. Subrogation Waiver. Each of the foregoing policies shall expressly waive subrogation against CITY. 5. Failure to Secure. If CONTRACTOR 'at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONTRACTOR's name or as an agent of the CONTRACTOR and shall be compensated by the CONTRACTOR for the costs of the insurance premiums plus interest at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. CONTRACTOR shall indemnify and hold harmless CITY from the failure to place, the failure to maintain, or the failure of any of the insurance policies required above. 6. Additional Insured. CITY, its Council, Commissions, officers, and employees shall be named as additional insured under all insurance coverage, except Workers' Compensation, required by this Contract. An additional insured named, herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature 14 City of Rosemead - Rosemead Transit 2008 Request For Proposals • - . 011 on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. 7. Primary Insurance. Endorsement(s) shall be provided which states that the coverage is Primary Insurance and that no other insurance affected by the CITY will be called upon to contribute to this coverage. 8. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. The CITY, its officers, officials, employees, agents and volunteers are to be covered as insured as respects; liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; or automobiles owned, leased hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. b. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees, agents or volunteers. d. The CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. 9. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 10. Verification of Coverage., CONTRACTOR shall furnish the CITY with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the CITY. All endorsements are to be received and approved by the CITY before work commences. As an alternative to the CITY's forms, the CONTRACTOR's insurer, may provide complete, certified copies of all 15 City of Rosemead - Rosemead Transit 2008 Request For Proposals required insurance policies, including endorsements effecting the coverage required by these specifications. 11. Subcontractors. CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish separate certificates and ' endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 1. Financial Responsibility All OFFERORS shall. provide a financial statement, as prepared by a certified public accountant, for his/her/its prior fiscal year, consisting of a balance sheet, profit and loss statement and such other financial statements as may be appropriate, which shall demonstrate the OFFEROR possesses adequate financial ability and stability to enable the OFFEROR to fulfill his/her/its obligations in connection with the management and operation of Rosemead Transit under the terms of this AGREEMENT. City makes no representation that it will be able to maintain the confidentiality of proposers' financial information. A Proposer who submits financial information which it asks to have treated as confidential should submit a statement justifying its. treatment as confidential under the California Public Records Act, citing relevant sections of the Act, and label it as a separate exhibit, clearly identified as confidential as a trade secret or otherwise and cross-referenced in the proposal." As a condition to further participation in the selection process described in Section II - Subsection I, City reserves the right to require an Offeror which has deficiencies with respect to City's criteria for financial strength and stability to provide financial information regarding one or more principals or guarantors of Offeror, which principals or guarantors, upon approval by City, would be required to execute a guaranty of Offeror's obligations upon award of the contract. J. Vehicles and Equipment Pursuant to Scope of Work Section 3.14, the CONTRACTOR shall provide all vehicles and equipment to operate the Rosemead Transit services. OFFEROR'S proposal shall detail the proposed vehicles and equipment that will be procured or otherwise provided by OFFEROR if selected. K. Operations and Maintenance Facility Upon acceptance of the OFFEROR'S proposed facility, the successful OFFEROR shall be required to secure an operations and maintenance facility sufficient to enable the OFFEROR to effectively manage and operate the Rosemead Transit system. OFFEROR proposal should identify and describe all the proposed facilities. At a minimum such facility should have all the requirements as set forth in Exhibit "A" SCOPE OF WORK. L. . Maintenance Program 16 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 • The OFFEROR must have the capability to carry out the complete maintenance program specified in Exhibit A" SCOPE OF WORK, Section 4. - The OFFEROR must document in the proposal its maintenance record-keeping and accounting system, and procedures for administering a preventive maintenance program. M. Safety Program OFFEROR must have an on-going, comprehensive safety program that shall be documented in the proposal. N. Screening and Selection Program OFFEROR must document OFFEROR'S screening program for vehicle operator's employees including a proposed substance abuse screening program in accordance with Exhibit A, SCOPE OF WORK. 0. Training and Retraining Program OFFERORS must have a training program that will assure that all personnel will meet satisfactory standards and knowledge for operating the City's Dial-A-Ride and Shopper Shuttle services. The training program must be documented in the proposal, and shall explain how replacement personnel to accommodate turnover are to be trained without detriment to Rosemead Transit service or the quality of training. Proposals should also affirm that training provided to Dial-A-Ride operators will satisfy GPPV requirements. P. Time Schedule Each OFFEROR shall submit a time schedule setting forth the sequence of events and associated time requirements proposed to be undertaken from the point of contract award through the first full month of system operations under the new AGREEMENT. The time schedule must demonstrate how the transition to the new CONTRACTOR on September 1, 2008, will be accomplished with no disruption to regular Rosemead Transit service. Q. Debarred, Suspended or Ineligible Contractors OFFEROR certifies by submission of a response to the RFP (proposal) that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction with federal, state, or local department or agency. 17 City of Rosemead - Rosemead Transit 2008 Request For Proposals • IV. COST PROPOSAL 9 Payment for services under this agreement will be made by the City of Rosemead on the basis of fixed monthly rate plus an agreed rate per vehicle revenue hour multiplied by the actual number of vehicle revenue hours operated in Rosemead Transit service during the month being invoiced. [Often called a "fixed and variable" costing approach.] Prior contracts for Rosemead Transit service have dictated the number of Dial-A-Ride vehicles to be operated by the CONTRACTOR, which has resulted in the unnecessary operation of vehicles during periods of low demand. As the City is hiring the CONTRACTOR for their expertise in the management and operation of these type of public transit services, the "fixed and variable" costing, together with new performance goals, will encourage increased productivity and more efficient use of Rosemead Transit resources. Vehicle Revenue Hours All proposals,will be based on the following vehicle revenue hour numbers for each year of the five-year base term of the agreement. [Please note that "vehicle revenue hours" are defined in the "Definitions" in Exhibit A.] Annual Veh Revenue Hours Rosemead Dial-A-Ride • Rosemead Shopper Shuttle Total for Proposal Purposes Year 1 Years 2-5 [10 monthsl [12 monthsl 9,167 11,000 5,083 6.100 14,250 17,100 The City reserves the right to direct the operation of up to either twenty percent (20%) more than or twenty percent (20%) less than these projected Annual Vehicle Revenue Hours without renegotiating the proposed rates with the successful CONTRACTOR. Cost Proposal Forms OFFEROR shall complete and submit the Cost Proposal Forms contained herein as. RFP Exhibit D. Electronic versions of these forms will be made available upon request. OFFERORS will note that the Cost Proposal Forms require the estimation of annual. vehicle mileage and fuel costs, even though the actual incurred monthly cost of fuel will be paid directly by the City and is not to be included in the Fixed Monthly or variable Vehicle Revenue Hour cost. This data is needed to provide the City with a complete projection of Rosemead Transit costs for evaluation and budgeting purposes. 18 City of Rosemead - Rosemead Transit 2008 Request For Proposals CITY OF ROSEMEAD ROSEMEAD TRANSIT REQUEST FOR PROPOSALS EXHIBITS A Scope of Work B Draft Agreement C Evaluation Criteria / Matrix D Cost Proposal Forms E Addenda Acknowledgement Form F Operating & Financial Data and Performance Indicators G Rosemead Transit Service Information 19 City of Rosemead - Rosemead Transit 2008 Request For Proposals i ~ EXHIBIT A MANAGEMENT AND. OPERATION ROSEMEAD TRANSIT SYSTEM 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 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 20 City of Rosemead - Rosemead Transit 2008 Request For Proposals 9 • wheelchair securement. Dwell time is included in the Vehicle Service Hour computation. 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. General Public Paratransit Vehicle (GPPV) - means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly and operated transit system through one of the following modes: dial-a-ride, subscription service, or route deviated bus service. [California Motor Vehicle Code Section 336] Holidays - The official City holidays are: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. 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 that 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 arrive 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. Vehicle Revenue Hour - For the Shopper Shuttle fixed route service, 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 21 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 • stop shall still be used for computation of vehicle service hours, however, this rule shall not apply to late trip cancellations. Vehicle revenue hours are also known as "vehicle service hours." 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. 22 City of Rosemead - Rosemead Transit 2008 Request For Proposals 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 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. 2.2 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. 2.3 Fuel CITY will reimburse CONTRACTOR for fuel supplied by CONTRACTOR utilizing 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. 2.4 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. 2.5 Street Furnishings CITY shall be responsible for the purchasing and maintenance of all transit related street furnishings within the CITY limits. CONTRACTOR and its employees shall cooperate with CITY by advising CITY of any such irregular conditions to street furnishings observed during Rosemead Transit operations. 23 City of Rosemead - Rosemead Transit 2008 Request For Proposals 2.6 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. SECTION 3 - CONTRACTOR DUTIES AND RESPONSIBILITIES-OPERATIONS Contractor shall perform the duties and accept the responsibilities set forth below in connection with its operation of Rosemead Transit. The omission of a duty or responsibility herein below shall not relieve CONTRACTOR of its obligation to perform such duty or accept such responsibility, so"long as it is usual, customary, and generally accepted within the public transportation industry as being an integral element of operating public transportation system and services of.a kind and character such as Rosemead Transit. 3.1 Operations- General CONTRACTOR shall provide the necessary management, technical, and operating services for the operation of Rosemead Transit services as specified by the CITY. CONTRACTOR . shall assist and cooperate with CITY in meeting the objectives of providing quality transportation services. CONTRACTOR shall establish and maintain close liaison activities, coordination, and cooperation with CITY on matters relating to operations, monitoring, reporting and service performance measurements. All,staff, facilities, vehicles and equipment, 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: Dial-A-Ride The Rosemead Dial-A-Ride provides primarily advance-reservation, curb-to-curb demand responsive transportation to senior residents of the city age 55 and above and individuals with disabilities as certified by City staff. Requests for service may be made up to 14 days in advance of the service day or, for trips that are taken on a regular basis at the same day and time each week, can be set up as subscription trips. Same day and immediate trip requests are accommodated, if capacity is available. This is not an ADA paratransit service. Dial-A-Ride service operates the following days and hours: Weekdays (Monday - Friday): 6:00 am - 7:00 pm Weekends (Saturday and Sunday): 6:00 am - 7:00 pm Holidays: 8:00 am - 4:00 pm 24 City of Rosemead - Rosemead Transit 2008 Request For Proposals • 0 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. A maximum of four (4) ADA-compliant paratransit vehicles are operated in Dial-A-Ride service at peak periods and the existing contract has specified the number of vehicles to be operated on weekdays, weekends and holidays by time of day. Beginning with this new contract, the Contractor will be responsible 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, upon approval, for medical appointments to the Kaiser Hospital facility in Baldwin Park and the Huntington Memorial Hospital area in Pasadena. Exhibit G contains a copy of the current Rosemead Dial-A-Ride flyer which is in the process of being updated. 3.3 Operations: Shopper Shuttle ,The Shopper Shuttle is a general public, community fixed. route service operating bi- directional on a single route through the city. Shopper Shuttle services operated the following days and hours: Weekdays (Monday - Friday): 11:00 am - 8:00 pm Weekends (Saturday and Sunday): 10:00 am - 5:00 pm 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. Exhibit G contains a copy, of the current Shopper Shuttle flyer which is in the process of being updated. 3.3 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 service hour specified in the AGREEMENT. 3.4 Service Standards 25 City of Rosemead - Rosemead Transit 2008 Request For Proposals CONTRACTOR shall strive at all times to provide service in a manner that will increase system productivity while achieving 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. The CITY recognizes that these standards are new and commits to working with the CONTRACTOR in their implementation. At the option of the CITY, CITY may enforce the penalties indicated for substandard performance. Failure to enforce any penalty for any such substandard performance shall not serve to invalidate said criteria nor preclude future enforcement of that penalty. CITY agrees that the incentives and penalties will not be enforced for the first 180 days of this Agreement. CONTRACTOR and CITY shall periodically meet to evaluate performance of the system based upon these standards. If the standards are not fulfilling their intended purpose, Rosemead Transit Service Standards Performance Criteria' :Standard; s Incentive - Penalty 1. Service Productivity Dial ' -A-Ride: 2.0 Passenger Trips per Vehicle Revenue Hour To be negotiated To be negotiated Shopper Shuttle: 12.5 Passenger Trips per Vehicle Revenue Hour 2. Dial-A=Ride On- $200 for each $200 for each month Time Performance 95% or better month that that performance is performance is 95% or less. 97% or hi her 3. Dial-A-Ride: Failure $100 per incident of to wait a minimum of Zero (0) occurrences None failing to wait at least 90 seconds after on- 90 seconds. time vehicle arrival. 4. Dial-A-Ride: Missed Trip (Arrival at pick-up Zero (0) occurrences None $100 per incident location more than 15 minutes late 5. Vehicle Cleanliness As defined in SOW None $100 per day, per vehicle not clean 6. Driver Uniform As defined in SOW None $100 per incident 7. Monthly $200 for each month Management Report As defined in SOW None that reporting is Submission submitted late or incomplete. 8. Customer No more than 3 per $100 for each Complaints month None complaint received over 3 26 City of Rosemead - Rosemead Transit 2008 Request For Proposals • 1 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, 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. 3.5 Operations Management CONTRACTOR shall provide operations management at a level and capability sufficient to oversee its functions and employees. CONTRACTOR shall designate and provide the services of a full-time Project Manager, subject to the approval of the CITY, who shall provide overall management and supervision of Rosemead Transit under the terms of this AGREEMENT. It is understood that, while full-time to this facility, the Project Manager may have other project management responsibilities in addition to Rosemead Transit. The Project Manager must have a minimum of five years experience in public transportation operations and at least three years supervisory experience. A bachelor's degree in a transportation or related field is preferred but not required. The Project Manager shall work cooperatively with CITY'S Community Development Director 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. CONTRACTOR shall assure CITY that the Project Manager designated for this project will not be replaced without the written consent of.CITY. Should the-services.of the Project Manager become unavailable to CONTRACTOR, the resume and qualifications of the proposed replacement shall be submitted to CITY for approval as soon as . possible, but in no event later than five (5) working days prior to the departure of the incumbent Project Manager, unless CONTRACTOR is not provided with such notice by the departing employee. CITY shall respond to CONTRACTOR concerning acceptance of the candidate for replacement Project Manager. Should the position of Project Manager remain unfilled for a period of thirty (30) days or more, the CITY may deduct the Project Manager's compensation from CONTRACTOR's payments. The CONTRACTOR shall further designate one or more Operations Supervisor(s) to assist the Project Manager in carrying out all activities relative to Rosemead Transit operations. 27 City of Rosemead - Rosemead Transit 2008 Request For Proposals 1 0 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. 3.6 Employee Selection and Supervision CONTRACTOR shall be responsible for the employment and supervision of all employees necessary to perform Rosemead Transit operations. Such responsibilities shall include employee recruitment, screening, selection, training, supervision, employee relations, evaluation, retention and termination. CONTRACTOR shall use appropriate driver screening and selection criteria in order to employ drivers. These criteria will include Department of Motor Vehicles license check and physical examination sufficient to meet all applicable requirements for Rosemead Transit vehicle operations. CONTRACTOR shall develop, implement, and maintain an employee substance abuse/alcohol abuse-testing program, subject to CITY approval, 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 to hold a position of.employment involving contact.with the general public. CONTRACTOR shall be responsible to recruit a sufficient number of bilingual employees to ensure that the bilingual communications requirement under subsection 3.16, herein below, is met. CONTRACTOR shall at all times comply with applicable state and federal employment laws, including section 1735 of the California Labor Code 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 4, Independent CONTRACTOR, of the AGREEMENT. 28 City of Rosemead - Rosemead Transit 2008 Request For Proposals 01 - 0 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 in the office of the CITY's Administrative Services Department. All drivers, dispatchers, telephone information personnel, and supervisors shall participate in the program. CONTRACTOR shall implement and maintain a specific training and retraining program for all drivers. The program must provide a fixed minimum number of hours of training for new employees, including classroom instruction, behind the wheel training under supervision of a certified instructor, and in-service training. The program shall include, but not necessarily be limited to, instruction covering applicable laws and regulations and defensive driving practices, Rosemead Transit operating policies and procedure, employee work rules, vehicle safety inspection, equipment care and . maintenance, customer relations and passenger conduct. Drivers shall be trained to operate all type vehicles, wheelchair lifts and lock systems, and other equipment that may be expected to use in the Rosemead Transit services. All drivers shall be certified as having completed CONTRACTOR'S formal training course for new drivers as approved by CITY, and be licensed with a valid California Class B operator's license with appropriate certification(s) and medical card. Drivers shall meet all applicable requirements as established by the California Highway Patrol (CHP). Beginning with this contract, all operators assigned to the Rosemead Dial-A- Ride must hold a valid GPPV certificate. CONTRACTOR shall prepare and furnish to CITY. for approval prior to initiation of service an Employee Handbook. The Employee Handbook will be provided to all drivers, dispatchers, telephone operators, and supervisors and shall include, at a minimum, the following subject areas: driver's rules; 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. 29 City of Rosemead - Rosemead Transit 2008 Request For Proposals 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 set each day to conform to the AT&T telephone system time. 3.9 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. 3.10 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, and subsequent program update to CITY. CONTRACTOR shall participate in the State of California Department of Motor Vehicles "Employer Pull Program" for appropriate monitoring of employer driver license activity. 30 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 CONTRACTOR will require all drivers, control room personnel, vehicle maintenance mechanics, and supervisors to participate in the safety program. 3.11 Road Supervision CONTRACTOR shall provide road supervision as necessary to monitor drivers and vehicles and assist drivers in revenue service. 3.12 Accident, Incident, and Complaint Procedures Prior to initiating services under this agreement, CONTRACTOR shall develop, implement and maintain formal procedures, subject to CITY review and approval, for response to accidents; incidents, service interruptions, and complaints. Such occurrences to be addressed include, but are not necessarily limited to: vehicle accidents, passenger injuries, passenger disturbances, in-service vehicle failures, lift failures of vehicles in service, and Shopper Shuttle and Dial-A-Ride vehicles operating more than thirty (30) minutes behind promised schedule. All traffic accidents involving transit system vehicles, irrespective of injury, shall be reported to the Los Angeles County Sheriff or Highway Patrol, as appropriate. CONTRACTOR will advise such agency of the accident and request a police unit to investigate the accident. The CITY's Administrative Services Officer 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. 3.13 Vehicle Scheduling and Dispatching CONTRACTOR shall utilize a systematic, organized and documented method to schedule, dispatch, and transport Dial-A-Ride passengers. The method should be capable of accommodating advanced reservations, subscriptions and requests for immediate service and of integrating all demand for service into efficient vehicle tours that maximize productivity and assure service quality to levels prescribed in this Scope of Work CONTRACTOR shall provide an adequate number of trained and qualified persons to staff the Dial-A-Ride scheduling and system vehicle dispatching functions. These persons shall also be responsible for maintaining radio control with all vehicles in service and for maintaining the daily dispatch log to be proposed by CONTRACTOR. 31 City of Rosemead - Rosemead Transit 2008 Request For Proposals • • 3. 14 Vehicles and Equipment CONTRACTOR shall provide all vehicles and equipment necessary for the operation of the Rosemead Transit system. Prior to initiation of services under this agreement, CONTRACTOR shall procure or otherwise provide the following vehicles and associated equipment: Vehicles Dial-A-Ride Vehicles Four (4) Paratransit Buses meeting, at- a minimum, the specifications of a Caltrans Type I Small Paratransit Bus and having a minimum passenger capacity of eight (8) ambulatory passengers (excluding the driver) and two (2) wheelchair positions. These vehicles shall be new at the initiation of service under this agreement. Shopper Shuttle Vehicles Two _ (2) Large Buses meeting, at a minimum, the specifications of a Caltrans Type III Large Bus and having a minimum passenger capacity of twenty (20) ambulatory passengers (excluding the driver) and two (2) wheelchair positions. These vehicles shall be new at the initiation of service under this agreement. Back-Up Vehicles CONTRACTOR shall, in addition to the vehicles specified above, provide a minimum of one (1) additional vehicle of each type to serve as back-ups in the event that a primary vehicle must be removed from service. These back-up vehicles must be identical to the primary Dial-A-Ride and Shopper Shuttle vehicles in passenger capacity and specifications but may be used, model year 2005 or newer, subject to City approval of vehicle condition. The CONTRACTOR shall place a back-up vehicle in service within fifteen (15) minutes of a reported break-down of an in-service vehicle and, unless new at the initiation of service under this agreement, shall be promptly removed from service as soon as repairs can be effected on the primary vehicle. GPPV Certification All vehicles used in Rosemead Dial-A-Ride service must be GPPV certified prior to being placed into service. Vehicle Color and Signage For the purposes of costing and submitting proposals, all vehicles to be used in Rosemead Transit service, including the back-up vehicles, shall, be quoted as painted white exterior with two, 5" reflective stripes per the Caltrans specifications without any "Rosemead Transit" signage. The City is presently reviewing the graphic design and color schemes for these vehicles and will finalize a decision early in 2008. Any additional costs for painting of vehicles and signage will be negotiated by the City and the successful CONTRACTOR following such decision. Radios- All vehicles used in Rosemead Transit service, including back-up vehicles, shall be equipped with two-way radios under central dispatch control. All mobile and base radio equipment shall be provided, installed and maintained by CONTRACTOR. CONTRACTOR shall provide City with a copy of the necessary radio license and will be 32 City of Rosemead - Rosemead Transit 2008 Request For Proposals responsible for proper radio procedures and for any actions or fines imposed by the FSS for improper use of the system. Fareboxes All vehicles used in Rosemead Transit service, including back-up vehicles, shall be equipped with fareboxes equal to or better than Diamond Model D fareboxes. CONTRACTOR shall supply two (2) vaults for each farebox. All fireboxes and vaults shall be provided, installed and maintained by CONTRACTOR. 3.15 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 III transit vehicles and be protected from the weather. • A paved shop floor capable of withstanding the weight of a Type III 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. 3.16 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 Chinese, Spanish and Vietnamese during all hours when Dial-A-Ride reservations may be made. 33 City of Rosemead - Rosemead Transit 2008 Request For Proposals 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 its own 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. 3.17 Fares; Fare Collection CITY shall establish all fares of any kind or character to be paid by Rosemead Transit patrons. CONTRACTOR shall ensure that each patron pays the appropriate fare prior to being provided transportation service. All cash fares will be paid by patrons in the exact amount 'due for their appropriate fare classification and shall be deposited by patrons in fareboxes provided by CONTRACTOR with each vehicle. CONTRACTOR will 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. CONTRACTOR shall, in accordance. with a procedure specified by CITY, account for revenues collected on Rosemead Transit vehicles and deposit such revenues on an acceptable 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. 3.18 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. 3.19 Books, Records, and Reports 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 CONTRACTORS facilities and activities during CONTRACTORS 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. 34 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 0 CONTRACTOR shall collect, record, and report to the CITY on a quarterly basis all accounting data for the Rosemead Transit operation in accordance with the National Transit Database, Section 99243 of the California Publics Utilities Code, and/or as specified by the Los Angeles County Metropolitan Transportation Commission. All worksheets and detail information used to prepare these reports shall be available to CITY within one month after the close of the applicable quarter. 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, but not be limited to: statistics required under the National Transit Database (NTD); passenger count data by fare category, total vehicle hours, total vehicle miles, vehicle revenue hours, vehicle revenue miles, wheelchair boardings and Dial-A-Ride passenger no-shows and cancellations. CONTRACTOR shall provide passenger mile sampling data in accordance with a method approved by the FTA for NTD purposes. Information concerning vehicle activity. shall be collected daily on the Dial-A-Ride driver's log, 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 provide reports according to the individual routes, modes and total system. Individual totals shall be provided for peak-hour services, Bus System Improvement Plan (BSIP) 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 of the next business day following data collection. 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 10'h business day of the following month. The Monthly Management Report shall provide City with a clear and concise summary of Rosemead Transit performance during the prior month. Within thirty (30) days of the execution of this agreement, CONTRACTOR shall submit a proposed format for this report to the City for approval. The City reserves the right to modify the Monthly Management Report at any time. . Quarterly reports shall be compiled on a year-to-year cumulative basis and shall be submitted within 30 days after the close of the each quarter. 3.20 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 the CITY by making available needed equipment, facilities, and reason levels of 35 City of Rosemead - Rosemead Transit 2008 Request For Proposals • • 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 do all other things to assist and support CITY'S advertising and public informational efforts. 3.21 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 it based upon observed deficiencies and needed improvements. CITY shall retain all authority, however, to make determinations and to take action on such recommendations. 3.22 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 and facilities to assist CITY in ameliorating such incidents. To the extent CITY requires CONTRACTOR to provide such emergency service and facilities, CONTRACTOR shall be relieved of the obligation to fulfill the duties and responsibilities to operate Rosemead Transit as herein described. Further, CONTRACTOR shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by CONTRACTOR and CITY following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. 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 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, farebox system, and all other equipment, furnishings, and accessories required in connection with its operation of Rosemead Transit in a clean, safe, sound, 36 City of Rosemead - Rosemead Transit 2008 Request For Proposals • .0 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: • All tools and equipment necessary to perform periodic repairs and the preventive maintenance activities for gasoline powered vehicles. • All tools and equipment necessary to perform periodic service and adjustments and make mechanical repairs. • Facilities and equipment necessary to clean the vehicles and equipment in accordance with the specifications. 4.3 Maintenance Management and Personnel 4.3.1 Maintenance Management CONTRACTOR shall designate and provide the services of a qualified Maintenance Manager, subject to the approval of CITY. This individual may be the lead mechanic and shall be assigned to Rosemead Transit maintenance operations on an acceptable fleet to mechanic ratio. The Maintenance Manager shall provide proactive resource management including but not limited to' preventive maintenance scheduling and supervision, repair supervision, technical training, and such other activities as may be necessary to ensure the performance of CONTRACTOR's maintenance 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 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. 37 City of Rosemead - Rosemead Transit 2008 Request For Proposals 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.. CITY shall respond to CONTRACTOR within three (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement Maintenance Manager. 4.3.2 Maintenance Personnel In addition to the Maintenance Manager CONTRACTOR shall hire and employee other maintenance and service personnel as necessary to properly maintain and service the Rosemead Transit vehicles. Maintenance personnel assigned to work on Rosemead Transit vehicles and equipment shall have the necessary skills to: • 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. . 38 City of Rosemead - Rosemead Transit 2008 Request For Proposals • • 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. 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 Vehicle Servicing CONTRACTOR shall perform daily vehicle servicing to all Rosemead Transit vehicles and equipment used in revenue service. For purposes of this AGREEMENT, daily servicing shall include, but not be limited to: • Fueling • Engine oil, coolant, water and transmission fluid check/add • Farebox check • Wheelchair lift check • Brake check • Light and Flasher check • Interior sweeping and dusting • Exterior and interior visual inspection • Check all vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention. 39 City of Rosemead - Rosemead Transit 2008 Request For Proposals 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 on file for CITY and California Highway Patrol review. This checklist requirement may incorporate or supplement CHP required driver's pre-trip safety inspections. 4.7 Daily 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. 4.8 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 40 City of Rosemead - Rosemead Transit 2006 Request For Proposals 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 ail times. CONTRACTOR shall exterminate all vermin and insects from all vehicles immediately upon their discovery, utilizing safe and non-hazardous materials. 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 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 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 (GARB) 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, 41 City of Rosemead - Rosemead Transit 2008 Request For Proposals and shall further be responsible to conduct, repairs as required to meet emissions standards. 4.12 Maintenance Evaluations CONTRACTOR shall allow CITY to access to CONTRACTOR'S facilities and records to monitor CONTRACTOR'S maintenance performance, as CITY deems necessary. CITY may perform regular, unannounced maintenance inspections of vehicles and equipment maintained by CONTRACTOR that are used in this project using both CITY personnel 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. 42 City of Rosemead - Rosemead Transit 2008 Request For Proposals 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 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 CHIP 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. 43 City of Rosemead - Rosemead Transit 2008 Request For Proposals • Semi-annual fleet summary listing each vehicle; vehicle mileage; vehicle year-to- date total miles; vehicle year-to-date fuel consumption and miles per gallon; vehicle year-to-date maintenance costs and cost per mile; route service total road calls and miles per road call; CONTRACTOR'S summary of maintenance problems, particularly components with high incidences of in-service failures, and steps taken or recommendations to reduce such problems and in-service failures. . CONTRACTOR shall submit to CITY copies of the California Highway Patrol (CHP) Annual Safety Compliance Report (CHP 343) and Vehicle Inspection Reports (CHP 343a). CONTRACTOR shall attain satisfactory rating, in each category of the Safety Compliance Report (maintenance records, driver records, regulated equipment and terminal). CONTRACTOR shall expeditiously correct any deficiencies noted on any CHP vehicle inspection report. 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 manufacture's instructions and warranty conditions, and daily "Vehicle Condition" Reports. CONTRACTOR shall submit the entire vehicle file to the CITY upon request. 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 44 City of Rosemead - Rosemead Transit 2008 Request For Proposals be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et sec.; the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et sec.; the Federal Water Pollution Control Act, 33 U.S.C. §§1251 et sec.; the Clean Air Act, 42 U.S.C. 7401 et sed.; the Hazardous Materials Transportation Act; 49 U.S.C. 1471 et sec.; 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 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. 45 City of Rosemead - Rosemead Transit 2008 Request For Proposals EXHIBIT B ROSEMEAD TRANSIT DRAFT AGREEMENT See Pages 60 - 71 46 City of Rosemead - Rosemead Transit 2008 Request For Proposals C EXHIBIT C EVALUATION CRITERIA & MATRIX 47 City of Rosemead - Rosemead Transit 2008 Request For Proposals CITY OF ROSEMEADIROSEMEAD TRANSIT 2008 REQUEST FOR PROPOSALS EVALUATION MATRIX Technical Aspects of the RFP and Proposals (30 points) - CONTRACTOR CONTRACTOR ONT Proposed 'Facility r(15points) f Location Shared or Exclusive O erations in one fac il ? Securit at facilit Maintenance Abilities at Pro osetl Facilit VehiclesWEquipmentP.roposed(10points) az,- Com lete listin included as re uested? Yes/no R Vehicles uantit & s ecifications meet re uirements Dis atch/Schedulin E ui ment Pro osed Trainin facilities and Amenities Pro osed Understanding of.RFP „t Maintenance E ui ment List Provided Meet all re uired Cntena Provide se arate cost of minimum and maximum service hours Project Manager dedicated to facility SCORE Financial Aspects of the RFP and Proposals ( 35 points) Contract resources-proposed based'on'line Item proposal sheets:(15 points),'- . " Proposed Equipment Overhead and management rates over 5 ears Employee Salaries and benefits Proposed Vehicle Per.Hour Rates.(15 points) 1 17, Cost without fuel Proposed Cost with Fuel Company Stability (S~points)<<.'- - VP ~4 IF [Anticipated Financial Stability Over Five Year Tenn SCORE Organization & Management Aspects of the RFP and Proposals (35 points) Capacity and Performance as demonstrated in Proposal/References :(15, points), 7T a r ~:y - - Comparable services operated as experienm (as company) Reference Check Prior Term of Contract / Type of Selection procedure used Qualifications of Managementfroposed (10 points), Experience in Public Transit of General Manager GPB DAR Ex erience Experience of Maintenance Manager General Management Experience Commitment to Safety; Quality antl,Opera[ions:(10_pomts), Safe[ Plan and procedures as introduced in proposal Quality of service goals provided and proposed Operational oafs and ob'ectives SCORE Total scores received by Firm [Maximum = 100 points) EVALUATOR NAME: City of Rosemead - Rosemead Transit 2008 Request For Proposals DATE: 48 o • EXHIBIT D ROSEMEAD TRANSIT COST PROPOSAL FORM [These forms are available in electronic form upon request.] 49 City of Rosemead - Rosemead Transit 2008 Request For Proposals • 0 ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE Proposer's Name: TO COMPLETE THE "PROPOSED COST FORMULA" SECTION: ITEM 1: Provide Cost per VSH consistent with "Total" from Breakdown of Cost per Hour form. ITEM 2: Provide Monthly Fixed Costs consistent with "Total" from Breakdown of Monthly Fixed Costs form. ITEM 3: Multiply "Projected Annual VRH" as shown by the "Cost per VRH." ITEM 4: Multiply "Monthly Fixed Costs" from item 2 times the number of months in that contract year. PROPOSED COST FORMULA COST FORMULA Year One [10 Months] Year Two [12 Months] Year Three [12 Months] Year Four [12 Months] Year Five [12 Months) 1. Cost per VRH $0.00 $0.00 $0.00 $0.00 $0.00 2. Monthly Fixed Cost $0 $0 $0 s0 $0 Projected Annual VRH 14.250 17,100 17,100 17,100 17,100 3. Annual VRH Cost $0 $0 $0 $0 $0 4. Annual Fixed Costs $0 $0 $0 s0 $0 TOTAL COST (3+4) $0 $0 $0 $0' s0 This Cost Proposal Form is to be used to submit the proposed contractor's firm cost proposal for all work described in the RFP and Scope of Work. The detailed Cost Breakdowns of the Cost Proposal Form should be consistent with proposed Cost Per Vehicle Revenue Hour and Monthly Fixed Costs. - BREAKDOWN OF "COST PER VRH" IN PROPOSED COST FORMULA COST PER VRH BREAKDOWN Year One Year Two Year Three Year Four Year Five Driver Wages Driver Fnnge Benefits Rev Veh Maintenance Other specify) TOTAL COST PER VRH $0.00 60.00 $0.00 s0.00 $1100 50 City of Rosemead - Rosemead Transit 2008 Request For Proposals 0 ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE 2 Proposer's Name: BREAKDOWN OF "MONTHLY FIXED COSTS )Note: Costs shown are to be the average monthly fixed costs by category) 10 MONTHLY FIXED COST BREAKDOWN Year One Year Two Year Three Year Four Year Five General Manager Salary General Manager Fringe Ops Supervisor Salary Ops Supervisor Fringe Maintenance Mgr Salary Maid. Mgr Fringe Other Wages (Specify) Other Frnge (Specify) Hiringrrraintng Safety Uniforms Non-Revenue Vehicles Janitorial Telephone Utilities Office Supplies Accounting INSURANCE: General Liabilty Automobile Liability Collision/Comprehensive Workers Compensation Other (Specify): Management Fee/Profit TOTAL MONTHLY FIXED COSTS $0 so $0 $0 $0 [Note: Listing of typical cost items on this provided form does not require Contractor to provide this position, utility or service.) ESTIMATED ANNUAL FUEL COST Year One. Year Two Year Three Year Four Year Five Projected Total Vehicle Miles Estimated Annual Fuel Cost Assumed Cost/Gal Gasoline Assumed Cost/Gal Diesel 51 City of Rosemead - Rosemead Transit 2008 Request For Proposals • • ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE 3 Summary of Proposed Cost Proposer hereby proposes a total five-year cost for management and operation of the Rosemead Transit services as defined in the Request for Proposals, including any and all addenda, of: [Write Total Proposed Cost] Ilars .00] OFFEROR'S Representations & Acknowledgement In submitting a proposal, the OFFEROR affirms that he/she/it is familiar with all requirements of the RFP and has sufficiently informed himself/herself/itself in all matters affecting the performance of the work or the furnishing of the labor, supplies, materials, equipment, or facilities called for in this RFP; that he/she/it has checked the proposal for errors and omissions; that the prices stated are correct and as`intended by the OFFEROR. OFFEROR acknowledges that this is a "turn-key" contract and that the proposed cost amount is for all staff, facilities, 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 ninety (90) calendar days from the Proposal Due Date of January 10, 2008. NAME OF PROPOSER FIRM: ADDRESS: NAME OF AUTHORIZED REPRESENTATIVE FOR NEGOTIATIONS: PHONE NUMBER: AUTHORIZED SIGNATURE: NAME & TITLE OF SIGNER: DATE: 52 City of Rosemead - Rosemead Transit 2008 Request For Proposals • • EXHIBIT E ADDENDA ACKNOWLEDGEMENT FORM PROPOSER: PROPOSER acknowledges that it has received and read the following Addenda: Addendum # Signature Addendum # Signature Addendum # Signature Addendum # Signature Addendum # Signature 53 City or Rosemead - Rosemead Transit 2008 Request For Proposals EXHIBIT F ROSEMEAD TRANSIT OPERATING & FINANCIAL DATA AND PERFORMANCE INDICATORS 54 City of Rosemead - Rosemead Transit 2008 Request For Proposals • • LO h E `rn O a` O Y o m o. m m p c m n V a c m m m O E LL m m m O m K C LL m O m a D a r U O r f w m ' myn r `w'm N m ~ ^ wn f w n ~ nm n!ry °m ~°mwn n N ~ m °o m m Hw WWI n WN ^ 'N n W 0 4~ w ,y O W °m o P m f w N H r N.°,v ww O n W m N N ,O r N W m m m nme r ~ °Nw w mGU ry H L v p U u m !.zymo N h L $ ~ O 0 ° m h P e a Nww P ry b m m er e m ° W° N e v ° m n O D m O e ~ N w p O m_rv ° " N v " w nm~m m ~ m rv v. v w w o ° men,:m v a n y e ~p ON on v ~ a N m w p P N N P N yr w n~rv e `fpm N N r m N m N 'o m P ^ N m w m'^ mon r N N m m U - a m o _ N f LL o m 2 ~ `yW `v U m m m L v mu~u~aa U O G O r° N n r m O 0 0 m ~ i0 w N n~a+ m m w w h W o m m mNmPm w n n W W m W p b f m 0 W n H ~ a om m ^ ww °uWiom°m m m " o o n °m mm ww v ~r'+ mo'rW m 0 m n °W m M n _ n d N r n P. ~ W N W W h O t i W mm_ ww D ^ m 0 m b N w ~y N ^ f m ~ n a ^ N e_ w b r n m m m ° ~ rv m r W ~ N r p ~ N w ~y v o m n b °ama `V ~N ww o ~ moNi°.~rv oN ww mWO;D mm r^ emn c; o^ a m v, `V r N O r m O N ry N m r d b 4 N m o v m rv e w w m W W n r N N N N m O N n e ^ N ~ O i U x U a v-o ° a m o Y F LL m L m` m H LL y' m U m Z E ~ y U m c v °m m u m s Z r No m$ Z rmn O L N inn a. u~w°w a n U V 0 0 1 0 0 0 8 N n r W N f p m w n w m rv ~ m vin°m. m ~ r " w o m ~ v w ~ n o a m hmpim w^nw = m m ~ m ~ N r m m ~ w^nw or~nW o o m m n m d yy W N ~ N m wnw N n m 0 o n° m W ^ N d W r N N m mm b ~.m m O p 0 nm ~ m 0 m n N N ~ f w 4 n O ° r q m N_ m 4 m m m O pmo ^ o .2 W m n P ~w 1j O4 m~ m N N ON wpp w n ^ g ° ° m 0 N ~ b ^ N ~ 6 n < ~ °n n rv c wg °n ^ m a ~ n ~ rv n ^ iv Oa°n emm'^?w e em'? w N N N ~ N p 0 N y ^m N w h N ^ m ^ N W f^V ° m r e r N N V' N N ^ m m ry aN ° N m N U m U a y o ° a u o Y F LL p L„ L H LL j ~mW ~ ~ w Z ~ m `m U v m m O c i u N m O m C 6 5 W N W C C E U O 0 E E F h , c > co N ~ a ~ h t0 n O o 0 Q d ,a Q U- a o E N _ m Q) N z Q) Q) c Q v N O 00 O Vo ~ O r N r Q M (D rv [O ~ o O MM u°'i O7 NM ~ ~ ~ D ~ r ~ ~ M ~ (O o M ~ rn M MW a M W Q ~ O r ~ N w OI ~ N o o v O7 r O M o (D o Q O) M M o ~O ~ o r o M to ~ N M N 0 0 N C N O M M N p C ` m J ~ (D M M M J ~ Vl Q M M J ~ 10 M f9 f9 f9 " ~ i9 W f9 ~ ~ O IO O r O - I o O N O r Q O o O O O T N N O 0 0 . OI U1 T N O " M N O N r N O M ~ ~ t0 ~ ~ N N N Q ~ I~ N d ~ lO Q M M~ N ~ IO Q M M (O O Q t0 o r t[] N l0 0 0 0" O aJ M O cD to ¢l r N N C d Q Ip to M C~ M m Q Q O m Q Q N M ~ m c0 e ~ O ¢J M O t0 m m O Q o 0 O (O tt1 N M Of N Q o O U ~ Q r O ~ U ~ OI M ID t0 M N ~ N e- t0 M M M 41 ~ h Q M M Ul ' N Q M M ❑ N N N ~ ❑ N N N ~ ❑ N N N Q O (0 O l0 r m Q O O e h O O Q W 01 O) N [O o l0 O N Q Q N M ID N o M > C? lD M K1 GJ O > N N M N Q > O Ot Q M M O Z r (p M f 9 N N N N " O Z r (p Q H i M N M N ^ O Z {p M N M N N O O W Q t0 N O O t0 o ~O O m O N ~ a (O ~ d N o r (p M N fA N W O M - a WM r l/] S O N N N m U) E O t0 O N (D N o ~n O Nrrn T m N (D o co O _ rroo Q N O (O r 01 m ~ M N N N r M ~ ~ m W lp m M O O f O` Q ^ 10 M N N N N N ~ J Q r (p Q N N N N N ~ J Q r (p Q M N Yi N N E C a a c •O O 10 Q o MNQO r rM o an o loo fe NM In eo o QoNe mM orN a l0 l0 T N T l0 (O N~ _ N O N Q Q Q ~ r (D t0 M d O C J -y ~ 10 M N N N N N - J M ~ (O Q M M N to N ~ (O Q M M N N N^ d C 6 C G d O U C m O a O p f- E ° n ia` O N o ` ' °o ~ R d~ n o z N d ~ a~ o N d d~ c O N~ d o P a C ~ m ~ N d a x n ¢ 7 n`n n d d N d Q -D N 7 U a N 2' b-> 2 N a t~ d N n 2' L> a a n 7 O U d L R d G- 1 2 N y n ` h Z3 O Q, Q. O r ya $ O O y y a n o ` O $ m v n n `y a N O n n a y > y ° K N n co d O Q N y o N N n x i U N n o O co T a T i y U U V a ` ` n c U 8 ` ` m h V O U$ a N" H i7- a v _ m e > 0 0 z u a e m m a a> 0 0 z I m c n i im a> 0 0 z U N • E L O aJ o m d C ~ O c a 16 Vi C O A O 'O d N d ~ d ~ c d = J 0 M O LL G1 0 w d O a N > O T H U 4f -Ji N O N N O a d LL c 0 U V O • O ~ O n n N ~ a = d m c u N ~ J d m m a z ~ > a m y y a o O ° ° m p n w o o N N U U U 0 > 6 m J z > > 0 O z u ~ N d O H t0 O ,O O a d LL O O C F N O U N 0 r O O N m y a ~ ~ c a N w tt J m a 7 >0 >o a0 U d ° p m ~ O ~ o o"' ~ N m U U U a > > O 0 Z 7 n O n O N n O a d LL O Z ,D 0 u O O • x o w o a m _ o ` m y v > ~ a ~ n s C~ n m G o ' x ~ U U U o z `um - °m > 0 0 z I n Lo y C ti a N h ~ h a 00_ Q~ O 1 a O N LL. N N N o a O O U~ l EXHIBIT G ROSEMEAD TRANSIT SERVICE GUIDE A. Rosemead Dial-A-Ride B. Rosemead Shopper Shuttle [Copy Enclosed] 58 City of Rosemead - Rosemead Transit 2008 Request For Proposals ROSEMEAD DIAL-A-RIDE POLICIES Service Description: The Rosemead Dial-A-Ride is an advance-reservation,. shared-ride transportation service for residents of the City of Rosemead. Eligibility: Dial-A-Ride service is available to any resident of the City of Rosemead who has been certified by the City as 55 years of age or older or as being handicapped. Applications can be obtained from City Hall or by telephoning 626- Service Area: Service is provided from origins within the city limits of Rosemead to any destination within the city or within a 5 mile radius of the city limits. Return trips are provided from out-of-city destinations back into the city. Long-Distance Medical Trips: Limited trips for medical appointments only are provided to the Kaiser Hospital facility in Baldwin Park and the Huntington Memorial Hospital facility in Pasadena. No more than one vehicle may be committed to these trips at any time and trips will be provided on a first-come, first-served basis. Service Days and Hours: Dial-A-Ride service operates the following days and hours: Weekdays (Monday - Friday): 6:00 am - 7:00 pm Weekends (Saturday and Sunday): 6:00 am - 7:00 pm Holidays: 8:00 am - 4:00 pm The Dial-A-Ride operates reduced service levels on New Year's Day, Memorial Day, July 4"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. Reservation Procedures: Requests for service may be made by calling 626-572-4099 up to 14 days in advance of the service day. TDD service for individuals with hearing disabilities is available at 626- . Trips that are taken on a regular basis at the same day and time each week can be set up as subscription trips. Same day and immediate trip requests are accommodated if capacity is available. When calling for a trip, caller should be ready to provide the following information: • Caller's name, ■ Telephone number; ■ Address of trip origin; • Address of trip destination, • Date and time that trip is desired; ■ Number of eligible riders traveling on this trip, and ■ Whether anyone making this trip will be using a wheelchair. Passenger Fare: Riding the Dial-A-Ride costs 50 cents ($0.50) per person for a one-way trip. The drivers do not carry change, so please have exact change when boarding. For more information or to request a ride, call 626-572-4099. 59 City of Rosemead - Rosemead Transit 2008 Request For Proposals - V L C O U Cc ar E d rn l9 C l6 N C F a (0 d d N O w L m a a m d r O CD Q N IL 0 Q~ C N J • E 0 Ul d N E U O c O U U O ~ C C o E O N C m O - c 0 U L C O O N C O N N > EE C N Y V _ N Ll L U N E ° d - U > w a 3 0) a N 0 IT co O M r- - OO r- Lo LO O r CO m (O to W w N N V (h m r- Mr ITN mN O (0 O OV OD U? M (h C1 M , 011 0 M M mm V'7 c6A 00 co O (0 OD OD (0 (0 00 C y M 01 (r1 O0 OD V 4 T T q 01 I co r co M (0(0 O X - = C. O O v V L Q OD OD OD f- N r~ N N d) a) W (D d LL > U LL > x LL > LL > L L > L L LO O o N Cl) Ev C) C) a) °1 > CD m c~ U lb Cl) "W -O a co > Q N C13 N q W m U O CT1 Q) N N N O) Q 'E 0 CL C) N > m Eo -o N m °U 0- co a N- O ~ ,C N N Lc C C. , Q (n M (n LL O) J N? M W N 0) N N L = U C N ? c9 Q) a) ° ° CL n CL U O C y ~NC (j a1 -(D cm> > O= N U N N N LL O) N U F LLQ~ (D U` (n>0 0 ti c c d c O C G p N R N r c c N z r 0 0 O a F C C Z C a N N C cc ~ N ~ 10 N C 0 d N CL ~ CL E ~ U) C C O > 2 o O U ii N H U (n E O U C O C o E O N 0 U C N U c N N t T c N O U 4 1 V . w N ~ J a 0) X 0- 0 O co 0 to LO O) m 1 W - -1 co co d (h D1 01 C N 0 O O L Q 0 M M 2 LL > LL > LL 0 0 LL O rn tY . ~ O1 M v 2 ° NNE D] 0) U N C6 Q U (D > LILLY aci N 6 U - ( q (1) Z C ~ o~ a _ M > ( N Q N(AU (°oJ N (13 O > LL = ll r > O U) U C d Y'y cu> O = UH N ~a co U) N U C C C ~o Z o N c r a O L O. T E N C 1] O `0 O U LL F O z 0 Rosemead Cost Comparison Page 1 • ROSEMEAD TRANSIT COST COMPARISON- BAFO TOTAL FIVE YEAR PROPOSED COSTS First Transit COST FORMULA Year One [10 Months] Year Two [12 Months] Year Three [12 Months] Year Four [12 Months] Year Five [12 Months] Five Year Total Cost 1. Cost per VRH $22.31 $23.42 $24.17 $25,20 $26.06 2. Monthly Fixed Cost $34,105 $34,499 $35,457 $36,026 $36,817 Projected Annual VRH 14,250 17,100 17,100 17,100 17,100 3. Annual VRH Cost $317,918 $400,482 $413,307 $430,920 $445,626 $2,008,253 4. Annual Fixed Costs $341,050 $413,988 $425,484 $432,312 $441,804 $2,054,638 TOTAL COST (3+4) $658,968 $814,470 $838,791 $663,232 1887,430 $4,062,891 Estimated Fuel CO, 1 $50,327 $ 1 $64,692 $66,633 $68,632 TOTAL COST TO CITY $709,295 $877,278 $903,483 $929,865 $956,062 $4,375,983 Southland Transit Inc. COST FORMULA Year One [10 Months] Year Two [12 Months] Year Three [12 Months] Year Four [12 Months] Year Five [12 Months] Five Year Total Cost 1. Cost per VRH $20.49 $21.13 $21.76 $22.42 $23.09 2. Monthly Fixed Cast $34,620 $35,058 $35,727 $36,414 $37,120 Projected Annual VRH 14,250 17,100 17,100 17,100 17,100 3. Annual VRH Cost $291,983 $361,323 $372,096 $383,382 $394,839 $1,803,623 4. Annual Fixed Costs $346.200 $420,696 $428,724 $436,968 $445,440 $2,078,028 TOTAL COST (3+4) $638,183 $782,019 $800,820 L - - ( $820,350 $840,279 $3,881,651 Estimated Fuel Cost $68,534 $85,941 $8 9,8 08 $93,850 $98,073 TOTAL COST TO CITY $706,717 $867,960 $890,628 $914,200 $938,352 $4,317,857 Transportation Concepts, Inc. COST FORMULA Year One [10 Months] Year Two [12 Months] Year Three [12 Months] Year Four [12 Months] Year Five [12 Months] Five Year Total Cost 1. Cost per VRH $22.81 $23,46 $2436 $26.28 $27.48 2. Monthly Fixed Cost $34,674 $36,608 $38,103 $39,024 $40,194 Projected Annual VRH 14,250 17,100 17,100 17,100 17,100 3. Annual VRH Cost $325,043 $401,166 $423,396 $449,388 $469,908 $2,068,901 4. Annual Fixed Costs $346,740 $439,296 $457,236 $468,288 $482,328 $2,193,888 TOTAL COST (3+4) $671,783 $840,462 $880,632 $917,676 $952,236 $4,262,789 Estimated Fuel Cost $112,247 $128,895 $130,848 $130,848 $132,801 TOTAL COST TO CITY $784,030 $969,357 $1,011,480 $1,048,524 $1,085,037 $4,898,428 Notes: • Rosemead Cost Comparison Page 4 • ROSEMEAD TRANSIT COST COMPARISON -BAFO TOTAL FIVE YEAR PROPOSED COSTS ALTERNATIVE FUEL VEHICLES First Transit [10 Months] I [12 Months] [12 Months] [12 Months] [12 Months] Cost 1. Cost Per VRH $22.30 523.41 5264, $25.18 $26.03 2. Monthly Fixed Cost $35,618 $36,015 $36,979 $37,556 $38,360 Proiected Annual VRH 14,250 17,100 17,100 17,100 17,100 3. Annual VRH Cost) $317,775 $400,311 $413,307 $430,578 $445,113 $2,007,084 4. Annual Fixed Costs $356,180 $432,180 $443,748 $450,672 $460,320 $2,143,100 TOTAL COST (3+4) $673,955 $832,491 $857,055 $881,250 $905,433 $4,150,184 $56,7 $58,223 $59,970 $61,769 Estimated Fuel Cost $45,294 52 TOTAL COST TO CITY $719,249 $889,018 $915,278 $941,220 $967,202 $4,431,967 Southland Transit Inc. COST FORMULA Year One [10 Months] Year Two 112 Months] Year Three [12 Months] Year Four [12 Months] Year Five [12 Months] Five Year Total Cost 1. Cost per VRH $20.49 $21.13 $21.76 $22.42 $23.09 2. Monthly Fixed Cost $37,877 $38,326 $39,005 $39,702 $40,419 Projected Annual VRH 14,250 17,100 17,100 17,100 17,100 3. Annual VRH Cost $291,983 $361,323 $372,096 $383,382 $394,839 $1,803,623 4. Annual Fixed Costs $378,770 $459,912 $468,060 $476,424 $485,028 $2,268,194 TOTAL COST (3+4 ) $670,753 $821,235 $840,156 $359,806 $879,867 $4,071,817 Estimated Fuel Cost $44,420 $55,703 $58,209 $60,829 $63,566 TOTAL COST TO CITY $715,173 $876,938 $898,365 $920,635 $943,433 $4,354,544 Transnortation Concepts. Inc. COST FORMULA Year One [10 Months] Year Two [12 Months] Year Three [12 Months] Year Four (12 Months] Year Five [12 Months] Five Year Total Cost 1. Cost per VRH $22.81 $2146 $24.76 $26.28 $27.48 2. Monthly Fixed Cost $37,089 $39,023 $40,531 $41,456 $42,631 Projected Annual VRH 14,250 17,100 17,100 17,100 17,100 3. Annual VRH Cost $325,043 $401,166 $423,396 $449,388 $469,908 $2,068,901 4. Annual Fixed Costs $370,890 $468,276 $486,372 $497,472 $511,572 $2,334,582 TOTAL COST (3+4) $695,933 $869,442 $909,768 $946,860 $981,480 $4,403,483 Estimated Fuel Cost $101,470 $119,434 $122,305 $125,176 $128,047 TOTAL COST TO CITY $797,403 $988,876 $1,032,073 $1,072,036 $1,109,527 $4,999,915 Exhibit B CITY OF ROSEMEAD DRAFT TRANSIT SERVICES AGREEMENT This AGREEMENT ("Agreement") is made and entered into effective as of the 1 st day of September, 2008, by and between the CITY OF ROSEMEAD, a municipal corporation ("City") and Southland Transit, Inc., ("Contractor"). City and Contractor are referred to mutually as the Parties. IN CONSIDERATION of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. RECITALS. This Agreement is made and entered into with respect to the following facts: A. City operates by contract Dial-A-Ride and Shopper Shuttle services, together referred to as the Rosemead Transit System; and B. Pursuant to Rosemead City Council authorization, on November 28, 2007 the City began distribution of a Request for Proposals for contract management and operation of the Rosemead Transit System (the "Project"), and has solicited written proposals for that purpose, which such proposals have been received and evaluated by City staff; and C. Based upon that evaluation and review, the City Council finds and determines that Contractor is qualified to provide those professional; and technical services to the City necessary for the Project,'and therefore the Rosemead City Council has elected to engage the services of Contractor.on the terms and conditions of this Agreement. 2. CONTRACT DOCUMENTS. The Contract Documents for the operations included under this Agreement shall consist of the following, copies of which are attached as Exhibit "A" and are incorporated herein by this reference and made part hereof as though they were full), set, forth herein: . A. The City of Rosemead's Request for Proposals for Management and Operation of the Rosemead Transit System. B. Contractor's "Proposal for City of Rosemead Management and Operation of the Rosemead Transit System" dated January 9, 2008. C. All referenced specifications, details, maps, addendums, appendices, all required bonds, insurance certificates, permits, notices, affidavits, and any addenda or supplemental agreements clarifying, amending, or extending the services contemplated, as they may be required to ensure such services are provided during the term of this Agreement, or any extension 60 • • thereof, in an acceptable manner. D. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of the documents. The documents comprising the complete contract are hereinafter referred to as the "Contract Documents." E. In the event of a conflict between any of the Contract Documents, priority shall be given to the documents in order of their listing in this section. 3. SCOPE OF SERVICES. Contractor shall perform the services specified in the Contract Documents. Performance of the work specified in the Contract Documents is made an obligation of the Contractor under this Agreement, subject only to changes made in accordance with this Agreement. 4. COMPENSATION AND PAYMENT 4.1 Maximum Obligation: CITY agrees to pay Contractor in consideration for its services as described herein. The maximum price to be paid by CITY to Contractor for the budget period shall not exceed the sum of Dollars ) except as such Maximum Obligation may be increased upon an increase in service from that set forth in Exhibit A. 4.2 Price Formula: CITY., agrees to pay Contractor for performance of the services set forth in this Agreement as follows: (a) Payment of a,fixed hourly rate of $ per vehicle revenue hour ("Hourly Rate Charges"). Vehicle revenue hours are defined in Section 1, Definitions, of Exhibit A. The Hourly Rate Charges shall be.consideration for the cost of performing those services set forth in Exhibit A which may vary according to the level of service ("Variable Costs") and shall include those cost elements specified in Contractor's Cost Proposal; plus (b) Payment of a Monthly Fixed Cost of $ per service month ("Monthly Fixed Cost"). The monthly rate shall be consideration for the cost of performing those services set forth in Exhibit A which must be provided or available regardless of the level of service ("Fixed Costs"), including those cost elements specified in Contractor's Cost Proposal. (c) On a monthly basis, CITY shall reimburse Contractor for the motor vehicle fuel that is documented to have been used during that period in the provision of the transit services covered by this agreement. The CITY shall reimburse Contractor at the actual cost of the fuel being used without markup of any kind and net of any discounts and rebates received by or available to Contractor. (d) CITY shall provide system planning and administration; advertising and promotion; schedules, passes and/or tickets; and street furnishings. These are not included in the 61 hourly or fixed rate defined in 3.2(a) and (b). 4.3 Invoices: Contractor shall submit the invoices to CITY as follows: (a) Hourly Rate Charges shall be directly traceable by operator trip sheets and/or time cards, which will be available for review by CITY. Hourly Rate Charges shall be computed and submitted monthly; (b) Fixed Monthly Rate Charges shall be invoiced monthly in arrears; (c) Reimbursement of fuel costs shall be directlytraceable to fuel usage reports and vendor invoices; (d) Other charges authorized by CITY, but not covered in the Hourly Rate Charges or Fixed Monthly Rate Charges shall be billed monthly with charges directly traceable to receipts, bills, etc., copies of which shall be attached to the invoice. 4.4 Payments: (a) All payments by CITY~'shall be.made no more than twenty-five (25) days from CITY's receipt of invoice or, if later, then within'ten (10) days after CITY's meeting, if any, at which payments must be authorized, but in,no case no more than thirty-five (35) days after receipt of Contractor's invoice. Payments shall be by Nvire transfer or check payable to and mailed first class to: [Insert Contractor's Address] (b) In addition to the amounts invoiced pursuant to 3.3 above, monthly invoices shall be adjusted upward ordownward in accordance with Section 3.4, Service Standards, of Exhibit A, Scope of Work. (c) If CITY disputes any items on an invoice for a reasonable cause, CITY may deduct that disputed item from the payment, but shall not delay payment for the undisputed portions. CITY shall assign asequential reference number to each deletion and the amounts and reasons for such deletions shall be documented to Contractor within fifteen (15) working days after receipt of invoice by CITY. If CITY fails to document said deletions within fifteen (15) working days, such deletions shall be immediately due and payable to Contractor. Upon receipt of CITY's documentation of deletions, Contractor shall provide explanation and documentation of such charges. If, within fifteen [ 15] working days of Contractor's submission of such documentation, CITY has not made payment to Contractor of disputed amounts, then either party may thereafter submit this issue for settlement as directed under Paragraph 6.2, Disputes, herein. 4.5 Operating Revenues: All operating revenues collected by Contractor in 62 connection with the services rendered under this Agreement are the property of CITY. Operating revenues include all fares and sales of tickets and passes. Operating revenues shall be collected and administered as specified in Exhibit A, Scope of Work and the amount itemized and deducted from Contractor's monthly invoice to CITY. 4.6 Additional Services: Additional services beyond those set forth in Exhibit A will be provided by Contractor upon request by CITY's authorized employees as follows: (a) When additional services fall entirely within normal service hours and CITY directs that normal operating personnel should be used to provide the additional service, such service will be provided at the regular cost as defined in Paragraph 4.2, Price Formula. CITY recognizes that an equivalent lower level of service will be provided in normal operations during the period of such additional services. (b) Additional services outside normal operating hours, and services during the hours of but in addition to normal operation, shall be considered extra services. The costs will be determined on an individual-trip basis at the Fixed Hourly Rate per vehicle revenue hour as defined in Paragraph 4.2 (a), Price Formula and billed separately from this contract, and shall be treated as a change to this Agreement as defined within Paragraph 4.7, Changes and shall be in excess of the maximum price defined in Paragraph'4.1, Maximum Obli ag tion. 4.7 Changes: In the event CITY orders changes in the Scope of Work which, during any budget period, comprise a cumulative total of less than 10 percent above or below that specified in Exhibit A, compensation shall be adjusted according to the pricing formula set forth in Paragraph 4.2, Price Formula, and the Maximum Obligation stated in Paragraph 4.1 shall be adjusted accordingly. Changes in the Scope of Work which, during any budget period, comprise a cumulative total in excess of twenty percent (20%) above or below that specified in Exhibit A shall result in adjustment of the rates specified in Paragraph 4.2 herein to reflect the effect on those rates,caused by;the requested change. CITY shall issue written Change Orders to Contractor detailing all changes in scope. Change Orders shall either specify a cost limit or shall be subject to subsequent negotiation and shall require Contractor acceptance to become effective. 4.8 Compensation For Subsequent Periods: This Agreement may extend through budget periods, [generally of 12 months in length] and/or option periods for which the rates of compensation were not specified in the Contractor's proposal. The parties shall meet at least 180 days prior to the expiration'date of the budget period for which rates had been previously agreed upon to negotiate the rates of compensation for the subsequent period. If mutual agreement is not reached on such rates of compensation at least 150 days prior to the end of said budget period, contract shall automatically terminate on the last day of the budget period for which rates had been previously agreed upon unless Contractor wishes to continue the provision of services at the existing rates of compensation with the understanding that new rates of compensation, once ratified, will be retroactive to the first day of that budget period. 4.9 Audit: Contractor shall permit the authorized representatives of CITY, the Los 63 Angeles County Metropolitan Transportation Authority, the U.S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data and records of the contractor relating to performance under this Agreement. 5. CITY SUPERVISION. The City Manager, or his or her designee, shall have the right of general supervision of all work performed by Contractor under this Agreement and shall be the City's agent with respect to obtaining Contractor's compliance with this Agreement. No payment for any services rendered under this Agreement shall be made without the prior approval of the City Manager, or his or her designee. F 6. 1. Contract Term: The term of this Agreement shall be from September 1, 2008 through June 30, 2013 unless earlier terminated as provided herein. 2. Option Periods: This Agreement may be extended beyond the termination date specified in Paragraph 8.1 for two (2) option periods of l year duration upon the mutual agreement of the parties. Unless specified in Contractor's proposal for this project, the rates of compensation shall be determined as set forth in Paragraph 3.8, Compensation For Subsequent Periods. If the City elects to extend the term of this Agreement pursuant to this paragraph, the City shall notify Contractor in writing no less than thirty (30) days prior to the termination of this Agreement, or an), extension thereof, with any and all such extensions to be by written amendment to this Agreement executed by both Parties. 7. TERMINATION OF AGREEMENT. The City has the right to terminate this Agreement upon giving a thirty (30) day written notice of such termination to the Contractor. In the event of such termination, the City Manager, or his or her designee, will determine the amount of fees to be paid to Contractor for services performed, based upon work accomplished by Contractor prior to notice of such termination and based upon accepted transit maintenance consultant practice. The determination by the City Manager, or his or her designee, shall be final and conclusive as to the amount of such fee after approval by the Rosemead City Council. 8. INDEPENDENT CONTRACTOR. Contractor shall act as an independent contractor in the performance of the services provided for in this Agreement and shall furnish such services in Contractor's own manner and method, and in no respect shall Contractor be considered an agent or employee of the City. 9. NONASSIGNMENT. This Agreement is not assignable in whole or in part by Contractor without the written consent of City, such consent to be given in the sole discretion of City. 10. INDEMNIFICATION. 64 A Indemnity by Contractor. Contractor, its successors and assigns (the "Indemnitors"), agree to indemnify, defend and hold harmless City, its officers, officials, directors, employees, agents and volunteers (the "Indemnitees"), from and against any and all Damages (as defined below) suffered or incurred by the Indemnitees resulting from or related to (i) any breach of Contractor's obligations under this Contract; (ii) any violation by Contractor of any federal, state or local law applicable to Contractor's performance under this Contract, including without limitation, Applicable Environmental Laws; (iii) the failure of Contractor to pay any federal, state or local income, sales, use, payroll or other tax during the term of this Contract; (iv) the failure of Contractor to maintain any insurance coverage required to be maintained by this Contract; and (v) any claim resulting from the.negligent or willful acts or omissions of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Notwithstanding the foregoing, the Indemnitors shall not be liable for any Damages that arise as a result of the sole negligence or willful misconduct of the Indemnitees. B. Definition of Damages. As used herein, "Damages" shall mean all liabilities, demands, claims, actions or causes of action, regulatory, legislative or judicial proceedings, assessments, levies, losses, fines, penalties, damages, costs and expenses, in each case as awarded by a court or arbitrator; including, without limitation, reasonable attorneys', accountants', investigators', and experts',fces and expenses sustained or incurred in connection with the defense or investigation of any such liability,. C. Indemnitee Claims. Except as set/forth in Section D, in the event that an Indemnitee makes a claim for which the Indemnitee is indemnified pursuant to Section A, the Indemnitee shall provide written notice of such claim to Indemnitors and Indemnitors shall have thirty (30) days following receipt of such notice to, (i) make payment of the claim to Indemnitee; or (ii) if there is a_good faith dispute whether such claim is valid, then provide written notice to Indemnitee of,the.factual and/or legal basis for Indemnitors' dispute of the claim. If Indemnitee and Indemnitors have_not,agreed on a resolution of the disputed claim within thirty (30) days of notice from Indemnitors, then pending final resolution of the dispute by court, arbitration or otherwise, Indemnitors shall either make payment of the full amount of the claim into an escrow account or.post a bond for the full amount of the claim. D. Defense of Third Party Claims. In the event that an indemnification claim hereunder is based.in whole.or in part upon any claim or legal proceeding asserted by a person or entity which is not a,party to this Contract (a "Third Party Claim"), promptly after receipt of notice of the Third Party Claim, the Indemnitees shall notify the Indemnitors of such claim in writing. The Indemnitors shall have a period of 30 days following the receipt of such notice to notify the Indemnitees of whether the Indemnitors elect to assume the defense thereof. If the Indemnitors so notify the Indemnitees that they elect to assume the defense, the Indemnitors thereafter shall undertake and diligently pursue the defense of the Third Party Claim. The Indemnitors shall not consent to entry of judgment or enter into any settlement agreement, without the consent of the Indemnitees, which does not include a complete and unconditional release of the Indemnitees or which imposes injunctive or other equitable relief against the 65 • • Indemnitees. The Indemnitees shall be entitled to participate in, but not control, the defense thereof, with counsel of its choice and at its own expense. If the Indemnitors do not give the requisite notice, or fail to assume and diligently pursue the defense of such Third Party Claim, the Indemnitees may defend against such Third Party Claim in such manner as they may deem appropriate, including without limitation, settlement thereof on such terms as the Indemnitees may deem appropriate, and to pursue such remedies as may be available to the Indemnitees against the Indemnitors. Notwithstanding the foregoing, the Indemnitees shall not consent to entry of a judgment or enter into any settlement agreement, without the consent of the Indemnitors, which doesnot include a complete release of the Indemnitors. E. That City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement because of the acceptance by City or the deposit with City by Contractor, of any of the insurance policies described in this Agreement; and F. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of pvery, kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor, or any subcontractor of Contractor, regardless of whether or not such insurance, policies shall have been determined to be applicable to any of such damages or claims for damages. i 11. EQUAL OPPORTUNITY CLAUSE.. Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Act as set forth in Part 4.5 of Division 2 of the California Labor Code, the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 12. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, et seq.) as amended, and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens. Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the City in connection therewith. 13. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 14. . ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the 66 provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's tees, in addition to any other relief to which it may be entitled. 15. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. 16. PROVISIONS CUMULATIVE. The provisions of this Agreement are cumulative and in addition to, not in limitation of, any rights or remedies available to City. 17. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of these negotiations and discussions it would be inappropriate to deem any party to be the drafter of this Agreement; and, therefore, no presumption for or against validity or as to any interpretation hereof, based `upon.the identity of the drafter, shall be applicable in interpreting or enforcing this Agreement.' 18. ASSISTANCE OF COUNSEL. The Parties warrant to each other as follows: (a) That each party either had the assistance of counsel or had counsel available to it in the negotiation for, and execution of, this Agreement, and all related documents, and; (b) That each party; has lawfully authorized the execution of this Agreement. 19. MODIFICATION. This Agreement shall not be modified except by written agreement of the parties. i 20. GOVERNING LAW., This Agreement shall be interpreted and construed according to the laws of the State of California. 21. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective from and after the date it is signed by the representative of the City. This Agreement may be executed in counterparts. 22. NOTICES. Unless specified elsewhere in this Agreement, all notices required to be delivered under this Agreement in writing may be personally delivered, sent by Federal Express, or registered or certified mail, postage prepaid, or facsimile, addressed as follows: To Rosemead: Chris Marcarello Administrative Services Officer CITY OF ROSEMEAD 8838 E. Valley Blvd. Rosemead, California 91770 67 To Contractor: The addressee may change such addresses from time to time by serving notice as heretofore provided. Service of such notice or demand shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification receipt or at the expiration of the third day after the date of mailing (whether or not actually received by the addressee), whichever is earlier in time. , 23. LIQUIDATED DAMAGES. In operating Transit Services for the City, Contractor will maintain the quality and reliability of service outlined in the Contract Documents. In the event that Contractor fails to operate the specified number of vehicles, or if service is not rendered in accordance with scheduled pick-up times, or if service is interrupted due to equipment failure or for any other reason within control of Contractor, actual damages will be sustained by City. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the City if any such'&vent'should occur. The parties have considered the facts of a breach of this contract and have,agreed that the amounts set forth on pages 26 and 27 of the City of Rosemead Request for Proposals Management and Operation of the Rosemead Transit System and incorporated herein by this reference are reasonable as liquidated damages in the event of any such breach, and that said sums shall be presumed to be the amount of the damages sustained by the City in the event such a breach occurs. 24. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear, accident, riot, freight embargo, public regulated utility, or government statutes or regulations superimposed after the fact. 25. INSURANCE. It is agreed that CONTRACTOR shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance business in the State of California. No subcontract work shallicommence until similar insurance coverage has been obtained by the subcontractor and verified by the CONTRACTOR. The CONTRACTOR shall then immediately notify the CITY, in writing, of the types and amounts of such insurance. A. Coverage. CONTRACTOR shall maintain the following insurance coverage: i. Vehicle Liability Insurance. Throughout the term of this Agreement, Contractor shall provide vehicle liability, insurance in the amount of Ten Million Dollars ($10,000,000.00) combined single limit Bodily Injury and Property Damage. Coverage may be provided through one or more policies and shall include: Uninsured Motorist 68 (UM) and Personal Injury Protection (PIP) with coverage limits as required by law; Medical Payments with coverage limits of $500 per person per occurrence ii. General Liability and Protection and Indemnity Insurance. CONTRACTOR shall procure and maintain during the life of this Contract General Liability Insurance on a commercial form with a minimum of Ten Million Dollars ($10,000,000), covering all legal liability for personal injury, bodily injury, death and property damage to the vehicle maintenance facility and any applicable endorsement or rider for the storage, handling, transportation and disposal of Hazardous Substances that may arise out of CONTRACTOR's performance under this Contract except as may be covered by insurance coverage provided by the CITY, as described elsewhere in the Contract. iii. Vehicle Physical Damage. With respect to the vehicles to be used under the terms of this Contract, CONTRACTOR shall maintain in full force and effect insurance covering vehicles against physical damage from comprehensive and collision, in an amount equal to the vehicles' actual cash value. Any deductible shall not exceed Ten Thousand Dollars ($10,000.00) Per Incident, must be stated in writing to the City and shall be the sole responsibility of the CONTRACTOR. iv. Workers' Compensation -and `Employer's Liability Insurance. CONTRACTOR shall procure and maintain during the- life of this Contract Workers' Compensation Insurance-in conformance with the laws of the State of California and with the laws of the United States and Employers' Liability Insurance with a minimum of One Million Dollars ($1,000,000). B. Subrogation Waiver. Each of the foregoing policies shall expressly waive subrogation, against CITY. C. Failure to Secure.`If~CONTRACTOR at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONTRACTOR's name or as an agent of the CONTRACTOR and shall be compensated by the CONTRACTOR for the costs of the insurance premiums plus interest at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. CONTRACTOR shall indemnify and hold harmless CITY from the failure to place, the failure to maintain, or the failure of any of the insurance policies required above. D. Additional Insured. CITY, its Council, Commissions, officers, and employees shall be named as additional insured under all insurance coverage, except Workers' Compensation, required by this Contract. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to 69 contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Primary Insurance. Endorsement(s) shall be provided which states that the coverage is Primary Insurance and that no other insurance affected by the CITY will be called upon to contribute to this coverage. F. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. The CITY, its officers, officials, employees, agents and volunteers are to be covered as insured as respects; liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; or automobiles owned, leased hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents or volunteers. ii. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects, the, CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. iii. - Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials; employees, agents or volunteers. iv. The CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. V. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. G. Acceptability of Insurers. Insurance is to be placed "with insurers with a current A.M. Best's rating of no less than A:VII. H. Verification of Coverage. CONTRACTOR shall furnish the CITY with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the CITY. All endorsements are to be received and approved by the CITY 70 • 0 before work commences. As an alternative to the CITY's forms, the CONTRACTOR's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 1. Subcontractors. CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 26. SEVERABILITY. Should any part, term or provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. IN WITNESS WHEREOF, the undersigned each has executed this Agreement as of the date first above written. "City" CITY OF ROSEMEAD By: Attest: By: , APPROVED AS TO FORM: BY: "Contractor" By: Attest: By: City Attorney 71 EXHIBIT "A" t 72