CC - Item 4M - Approval of Specs for City Transit ServicesF
s 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:
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
Project 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:
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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 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 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.
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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.
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Evaluation Criteria
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:
NV,
Chris Marcarello
Administrative Services Officer
City Manager
Attachments:
(1) Request for Proposal for Transportation Services
(2) Bidder's List
(3) Letter of Extension with Laidlaw/First Transit
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ATTACHMENT ONE
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 four years and ten months, September 1, 2008
through June 30, 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. An optional 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:
Chris Marcarello
Administrative Services Officer
REQUEST FOR PROPOSALS
MANAGEMENT AND OPERATION
OF THE ROSEMEAD TRANSIT SYSTEM
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.
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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 system. The City provides only policy direction,
general supervision and monitoring of services, service and system planning, marketing
support and materials, fare media and qualification of residents to use the Dial-A-Ride.
[See RFP Section 2 herein for "City Duties and Responsibilities."]
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City of Rosemead - Rosemead Transit
2008 Request For Proposals
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
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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. Optional Pre-Proposal Conference and Submission of Questions
An optional 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.
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Please note that proposals are limited to a total of fifty (50) single-sided, letter-sized
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.
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City of Rosemead - Rosemead Transit
2008 Request For Proposals
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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.
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.
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City of Rosemead - Rosemead Transit
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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
CITY 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
City of Rosemead - Rosemead Transit
2008 Request For Proposals
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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.
City of Rosemead - Rosemead Transit
2008 Request For Proposals
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III. REQUIRED QUALIFICATIONS OF CONTRACTOR
Proposals for the management and operation of the Rosemead Transit system will be
evaluated by CITY to determine whether or not they meet the following required
qualifications. Proposals which fail to provide documentation responding to all of the
required items set out below may be considered non-responsive and 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.
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2008 Request For Proposals
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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.
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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
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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.
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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
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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
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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.
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.
I 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
be required to secure an operations
OFFEROR to effectively manage
OFFEROR proposal should identify
minimum such facility should have
SCOPE OF WORK.
proposed facility, the successful OFFEROR shall
and maintenance facility sufficient to enable the
and operate the Rosemead Transit system.
and describe all the proposed facilities. At a
all the requirements as set forth in Exhibit "A"
L. Maintenance Program
City of Rosemead - Rosemead Transit
2008 Request For Proposals
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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.
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IV. COST PROPOSAL
0
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.]
Rosemead Dial-A-Ride
Rosemead Shopper Shuttle
Total for Proposal Purposes
Annual Veh Revenue Hours
Year 1
Years 2-5
f 10 months]
02 months]
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.
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CITY OF ROSEMEAD
ROSEMEAD TRANSIT
REQUEST FOR PROPOSALS
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
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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 "out of service" times. The travel between scheduled pickups and
drop offs, regardless of whether a passenger is on board, is not deadhead.
Demand Responsive - Describes a service that does not require advance reservation
and trips can be requested the same day [also referred to as "same day," "real-time" or
"immediate response"].
Door-to-Door Service - A type of paratransit service where, on both the origin and/or
destination end of the trip, the driver gets out of the vehicle and meets/escorts the
passenger to the door of the main lobby, residence, or building. The driver is
responsible for assisting the passenger throughout the trip. Drivers are not allowed to
enter a residence and must keep the vehicle in sight at all times.
Dwell Time - The amount of time spent by vehicle and driver at each pick-up and drop-
off waiting for the passenger(s) to appear, during passenger boarding, deboarding and
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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
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E
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.
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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.
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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
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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 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 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
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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
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 higher
.
3. Dial-A-Ride: Failure
$100 per incident of
wait a minimum of
to
to
Zero (0) occurrences
None
failing to wait at least
after on-
90 seconds
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
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City of Rosemead - Rosemead Transit
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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.
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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.
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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.
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City of Rosemead - Rosemead Transit
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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.
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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.
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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
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City of Rosemead - Rosemead Transit
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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.
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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.
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City of Rosemead - Rosemead Transit
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• •
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
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City of Rosemead - Rosemead Transit
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• •
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,
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City of Rosemead - Rosemead Transit
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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.
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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.
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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.
City of Rosemead - Rosemead Transit
2008 Request For Proposals
39
• •
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
2008 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 all 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 (CARB) Voluntary Compliance Program objectives subject to
Rosemead Transit operations.
CONTRACTOR shall be responsible for administration of a Smog Check program for
Rosemead Transit vehicles. CONTRACTOR shall be responsible for emissions testing,
41
City of Rosemead - Rosemead Transit
2008 Request For Proposals
0 0
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
0 0
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 CHP
and/or such other regulatory agencies with jurisdiction when requested. CITY maintains
the right to inspect, examine and test, at any reasonable time, any vehicles used in
performance of this AGREEMENT and any equipment used in the performance of
maintenance work in order to ensure compliance with this AGREEMENT. Such
inspection shall not relieve the CONTRACTOR of the obligation to continually monitor
the condition of all vehicles and to identify and correct all substandard or unsafe
conditions immediately upon discovery.
CONTRACTOR shall transport any or all vehicles and equipment to any required
inspection facilities when requested. In the event that the CONTRACTOR is instructed
by CITY or any other regulatory agency to remove any equipment from service due to
mechanical reasons, CONTRACTOR shall make any and all specified corrections and
repairs to the equipment and resubmit the equipment for inspection and testing before it
is again placed in service.
CONTRACTOR shall prepare maintenance records and reports in a form and according
to a schedule approved by CITY. Such records and reports shall include, but not be
limited to, the following:
• Daily vehicle inspection and servicing checklist
• Work orders for all maintenance inspections, warranty repairs and other vehicle
repairs including materials, parts and labor consumed.
• Road call reports, or work order, for each road call identifying date and time, vehicle
number, problem and mileage of vehicle.
• Monthly vehicle summary to be included as part of the Monthly Management Report,
listing, at a minimum, the operation status of each vehicle, vehicle mileage, vehicle
mileage since last preventive maintenance inspection, vehicle fuel and lubricants
consumption, vehicle road calls and maintenance or repair work done during that
month.
43
City of Rosemead - Rosemead Transit
2008 Request For Proposals
0 0
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
0 0
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 seg.; the Clean Air Act,
42 U.S.C. 7401 et se q.; the Hazardous Materials Transportation Act,
49 U.S.C. 1471 et seer..; 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
0 0
•
•
EXHIBIT C
EVALUATION CRITERIA & MATRIX
47
City of Rosemead - Rosemead Transit
2008 Request For Proposals
0 0
2.
EVALUATOR NAME: DATE:
48
City of Rosemead - Rosemead Transit
2008 Request For Proposals
CITY OF ROSEMEADIROSEMEAD TRANSIT
2008 REQUEST FOR PROPOSALS
EVALUATION MATRIX
Total scores received by Firm [Maximum = 100 points]
• •
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
•
ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE 1
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
$0
$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 Foxed Costs
$0
$0
$0
$0
$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 Fringe Benefits
Rev Veh Maintenance
Other(specify)
ITOTAL COST PER VRH
$0.00
$0.00
$0.00
$0.00
$0.00
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)
MONTHLY FIXED COST
BREAKDOWN
Year One
Year Two
Year Three
Year Four
Year Five
General Manager Sala
General Manager Fringe
Ops Supervisor Salary
Ops Supervisor Fringe
Maintenance Mgr Salary
Maint. Mgr Fringe
Other Wages (Specify)
Other Fringe (Specify)
Hiring/Training
Safety
Uniforms
Non-Revenue Vehicles
Janitorial
Telephone
Utilities
Office Supplies
Accounting
INSURANCE:
General Liability
Automobile Liability
Collision/Comprehensive
Workers Compensation
Other (Specify):
Management Fee/Profit
TOTAL MONTHLY FIXED
COSTS
$0
$0
$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
AssunKx~ ~.:ostr~_~d (hcs~r~
51
City of Rosemead - Rosemead Transit
2008 Request For Proposals
0 0
ROSEMEAD TRANSIT COST PROPOSAL FORM, PAGE 3
Summary of Proposed Cost
Proposer hereby proposes a total five-year cost for management and
Rosemead Transit services as defined in the Request for Proposals,
all addenda, of:
[Write Total Proposed Cost]
OFFEROR'S Representations & Acknowledgement
operation of the
including any and
00]
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
0 0
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 of 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
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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
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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 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.
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
2006 Request For Proposals
S
c
Exhibit B
DRAFT TRANSIT SERVICES AGREEMENT
Contract No. -
This AGREEMENT ("Agreement") is made and entered into effective as of the
day of , 2008, by and between the CITY OF ROSEMEAD, a municipal corporation
("City") and ("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:
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 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 fully set forth herein:
A. The City of Rosemead's Request for Proposals for Management and Operation of
the Rosemead Transit System (RFP#
B. Contractor's "Proposal for City of Rosemead Management and Operation of the
Rosemead Transit System" dated
C. All referenced specifications, details, maps, addendums, appendices, all required
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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
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. FEE. Compensation to Contractor for all services shall be rendered pursuant to this
Agreement, and shall not exceed for the term as set forth in the
Contract Documents. Under no circumstances can this amount be exceeded without advance
express written consent from the City.
Should the City elect to exercise one or more of the options described in Section 8 of this
Agreement, compensation for each such option so exercised must be negotiated between the
Contractor and the City, but in no case will the increase in compensation exceed the Los Angeles
based Consumer Price Index (CPI), year to year, dated April 30. It is agreed and understood by
and between the Parties that the price ceiling for any fiscal year may be increased only if the City
negotiates for increased scope of service or levels of service to be provided by Contractor.
5. EXTRA SERVICES. Contractor may not tender any extra services under this Agreement
unless the City first shall have authorized such extra services in writing.
6. PAYMENT BY CITY. The billings for all services rendered pursuant to this
Agreement must be submitted monthly. based upon the estimated completion of work at the time
of submission to City by Contractor. Payment to Contractor will be made in arrears on a monthly
basis for services performed. Contractor must submit invoices no later than the 10`h day of each
month for services provided in the previous month. Invoices submitted after the 10`h day of the
month will be processed by the City the following month.
7. 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
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approval of the City Manager, or his or her designee.
8. TERM WITH- OPTIONS TO EXTEND. The term of this Agreement is for a period of
five (5) years commencing on and continuing to and including
. The City reserves the right to extend the Agreement for up to five (1) one-
year terms with the first such extension commencing on to and including
, the second such extension commencing on to
and including , the third such extension commencing
on to and including , the fourth such extension
commencing on to and including and the fifth such
extension commencing on to and including . 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
any extension thereof, with any and all such extensions to be by written amendment to this
Agreement executed by both Parties.
9. 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.
10. 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.
11. 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.
12. INDEMNIFICATION.
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
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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' fees and expenses sustained or incurred in connection
with the defense or investigation of any such liability.
C. lndemnitee 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 Part,, C"), 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
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
63
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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.
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 every 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.
13. 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.
14. 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.
15. 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.
16. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the
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.
17. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors,
administrators, successors, and assigns of the Parties.
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18. PROVISIONS CUMULATIVE. The provisions of this Agreement are cumulative
and in addition to, not in limitation of, any rights or remedies available to City.
19. 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.
20. 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.
21. MODIFICATION. This Agreement shall not be modified except by written agreement
of the parties.
22. GOVERNING LAW. This Agreement shall be interpreted and construed
according to the laws of the State of California.
23. 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.
24. 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
To Contractor:
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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.
25. 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 event 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 (RFP ) 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.
a
by:
President
by:
Secretary
CITY OF ROSEMEAD,
a Municipal corporation
by:
Mayor
by:
City Clerk
26. 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.
27. 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
66
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extension thereof. The bond(s) shall name the City of Rosemead as obligee.
28. 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 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.
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
(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 Emplover'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).
B. Subrogation Waiver. Each of the foregoing policies shall expressly waive
subrogation against CITY.
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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
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
68
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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
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.
29. 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.
69
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66city,,
CITY OF ROSEMEAD
By:
Attest:
By:
APPROVED AS TO FORM:
By:
City Attorney
"Contractor"
By:
Attest:
By:
70
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T R AN S IT S E RV I C E S
laidlaw Transit Services, inc.
15260 Ventura Blvd.. Suite 1050
October 22, 2007 Sherman Oaks, California 91403
818.3800454 direct
6 IS 380.0313 fax
www-laidlewtransit com
Chris Marcarello
Administrative Services Officer
City of Rosemead
3838 E. Vallev Blvd.
Rosemead. CA 91770
Dear Mr. Marcarello:
Please accept this letter as our aclunowledgement of the City's desire and Laidlaxv/First
Transit's agreement to extend our current operating contract for up to 90 additional days
past the original expiry of June 30. 2008.
We look forward to working with the City during the new contract procurement process.
Should you have any questions please do not hesitate to call me at 818-308-04-54 eat.
232.
Sincerely,
LAIDI .AW TRANSIT SERVICES FIRST TRANSIT
Patrick A. McNiff G
Re-ion Vice-President