HomeMy Public PortalAbout08) 7F Fixed Transit System - TrolleyCity Council
January 15, 2013
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2. On April 28, 2011 , as part of ongoing efforts to transition City operations to high-
performing, the Council conducted its first in a series of strategic planning study
sessions to assess the current status of the City organization and develop policy
objectives for the next two fiscal years. Staff collaborated on the Two-Year Work
Plan, a list of numerous initiatives geared toward community improvement.
Development of a fixed-route transit service was among the Work Plan items
identified by the Parks and Recreation Department.
3. On March 21, 2012, as part of its annual review of local transportation services, the
Parks and Recreation Commission considered the implications of adding a fixed-
route shuttle service, ultimately concluding to recommend its inclusion in the Fiscal
Year (FY) 2012-13 City Budget.
4. On June 19, 2012, the Council approved the FY 2012-13 City Budget, which
included a $90,000 Proposition A appropriation in the Public Transportation Account
for fixed-route transit. Toward developing this new service, staff moved forward in
initiating a feasibility study.
5. On November 1, 2012, the City issued a Request for Proposals (RFP) to conduct a
Fixed-Route Transit System Needs Assessment and Planning Study (Attachment
"B").
6. By the November 30 RFP response deadline, proposals were received from two
firms (i.e., Diversified Transportation Solutions (DTS) and 181 Group). Review was
conducted by Parks and Recreation Director Cathy Burroughs, Assistant to the City
Manager Brian Haworth and Management Analyst Wendy Chung, with consensus to
proceed with interviewing both proposers.
7. On December 21 , 2012, Parks and Recreation Director Burroughs and Management
Analyst Chung met with representatives from IBl Group and DTS. Following the
firms' presentations on individual qualifications and project approach, staff
concluded recommending DTS (Attachment "C") to continue on in conducting the
Fixed-Route Transit System Needs Assessment and Planning Study.
ANALYSIS:
Currently, local public transportation in Temple City is limited to the City's DAR for
eligible seniors and residents of limited mobility, with no existing program for the general
population. Though Los Angeles County Metropolitan Transportation Authority (MTA)
and Foothill Transit run services within city limits, because routes are restricted to
North-South or East-West travel along major arterials, they are not conducive to short-
distance local trips.
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January 15, 2013
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The purpose of this requested needs assessment and planning study is to work with
community members to identify unmet mobility needs and develop a fixed-route transit
system that will provide access to local destinations. Doing so, staff selected DTS to
perform the project scope of work based on the firm 's relevant experience in
surrounding communities (e.g., Arcadia, El Monte and Baldwin Park); proposed project
budget; and innovative approach that included strategic funding opportunities and
possibilities for joint ventures, all of which will contribute to the future sustainability of a
transit program.
The study itself is anticipated to last about four months, and will include analysis of
existing transportation offerings in and around Temple City, as well as input from
community members via surveys and two public workshops. DTS will also be
responsible for drafting an implementation plan with route alternatives, stop locations,
operation hours, capital expenses and estimated program costs, allowing the City to
establish a transit system that will best meet local needs while considering available
resources.
Ultimately, adding a new public transportation service would be in line with the City's
ongoing efforts to plan for the community's long-term health and prosperity. The
recently adopted Downtown Parking Study recommended a shuttle to address the
downtown area's parking supply shortage. As an added benefit, a shuttle could improve
access to local commercial sites and support economic development, meanwhile also
furthering th e City's goal of expanding its multimodal transportation network. Already,
the City is developing pedestrian and bicycle facilities. Together with an added transit
system, these new and improved travel options will enhance local mobility, promote
sustainable behavior and encourage physical activity, overall elevating community
quality of life.
It should be noted that a new fixed-route transit program would supplement and not
replace the existing DAR . Also, while the study will develop potential route and
operation schemes for a local transit service, implementation will depend on available
resources. Like DAR, a shuttle would likely be funded from the City's Proposition A
revenues. The City annually requests Proposition A and C sales tax disbursements from
MTA for public transportation and roadway improvement projects (e.g., Rosemead
Boulevard Enhancement Project). In the FY 2012-13 City Budget, $90,000 of
Proposition A funds from the Public Transportation budget was allocated for fixed-route
transit-i.e., this study and costs incurred from subsequent implementation, including
capital and operational costs.
CONCLUSION:
By initiating this fixed-route transit study, the City is responding to expressed community
demand for alternative mobility options, while also planning for sustainable
City Council
January 15, 2013
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transportation infrastructure. Through its comprehensive analysis of existing conditions
and direct engagement with the public, the study will ensure the development of an
effective, responsive and sustainable system that will best serve the community.
FISCAL IMPACT:
As part of the FY 2012-13 City Budget approval process, the City Council appropriated
$90,000 in Proposition A funds from the Public Transportation Account for fixed-route
transit. Of that amount, $39,850 will cover the cost of this study, with the remaining
balance available for potential subsequent implementation. Based on the anticipated
project timeline, as it is unlikely that a program will be fully implemented this fiscal year
(i.e., by June 30, 2013), the unused $50,150 will be carried over when the City requests
Proposition A funding for FY 2013-14.
There is no additional fiscal impact to the FY 2012-13 City Budget.
ATTACHMENTS:
A. Consultant Services Agreement
B. RFP for Fixed-Route Transit Study
C. Proposal by Diversified Transportation Solutions
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
DIVERSIFIED TRANSPORTATION SOLUTIONS
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AGREEMENT FOR CONSULT ANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
DIVERSIFIED TRANSPORTATION SOLUTIONS
This Agreement for Consultant Services ("'Agreement"') is entered into as of this 15th day
of January, 20 I 0 by and between the City of TEMPLE CITY. a municipal corporation ( .. City .. )
and Diversified Transportation Solutions. a Corporation ( .. Consultant"'). City and Consultant are
sometimes hereinafter individually referred to as .. Party" and hereinafter collectively referred to
as the .. Parties:·
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids. the
performance ofthe services defined and described pmticularly in Section 2 of this Agreement.
B. Consultant following submission of a proposal or bid for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this Agreement and desire that
the terms ofthat performance be as particularly detined and described herein.
OPERATIVE PROVISIONS
NOW. THEREFORE, in consideration of the mutual promises and covenants made by
the Patties and contained here and other consideration. the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement,
the scope of services set forth in Exhibit ''A" "Scope of Services·· shall be completed pursuant to
the schedule specified in Exhibit "A.'' Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City. in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
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SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A, ... Scope of Services ..
and made a part of this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A'' "Scope of Services:· unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement. City agrees to pay
Consultant the amounts specified in Exhibit "'B'' "'Compensation'" and made a pmi of this
Agreement. The total compensation. including reimbursement for actual expenses. shall not
exceed thirty-nine thousand eight hundred and fifty dollars ($39,850). unless additional
compensation is approved in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-category), travel, materials, equipment, supplies. and
sub-consultant contracts. Sub-consultant charges shall be detailed by the following categories:
labor, traveL materials. equipment and supplies. City shall independently review each invoice
submitted by the Consultant to determine \vhether the work performed and expenses incurred are
in compliance with the provisions of this Agreement. In the event that no charges or expenses are
disputed. the invoice shall be approved and paid according to the terms set forth in subsection
(c). In the event any charges or expenses are disputed by City, the original invoice shall be
returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforis to cause Consultant to be paid within
forty-five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
explanation, otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Co11sultant's work by City shall
not constitute a wa iver of any of the provisions of this Agreement including. but not limited to.
sec tions 16 and 17. pertaining to indemnification and insurance. respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps. models. designs. drawings. photographs. stud ies. surveys. reports,
data. notes. computer files. tiles and other documents prepared. developed or discovered by
Consultant in the course of providing any services pursuant to this Agreement shall become the
so le propet1y of City and may be used. reused or otherwise di sposed of by City without the
permission of the Consultant. Upon compl etion. expiration or termination of thi s Agreement,
Consultant shall turn over to City nil such original maps. models. designs. drawings.
photographs. studies. surveys. repotts. data. notes. computer files, files and ot her documents.
If and to the extent that City utili zes for any purpose not related to this Agreement any
maps. models. designs. drawings, photographs. studies. surveys. reports. data. notes. computer
files. files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement. Consu ltant's guarantees and warrants related
to Standard of Performa nce and found in Section 9 of this Agreement shall not extend to such
use of the maps, models. designs. drawings. photographs, studies, surveys. reports. data. notes.
computer files , files or other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
re lati ng to Consultant's performance of services pursuant to thi s Agreement. Co nsultant shall
maintain any and all ledgers. books of account. invoices, vouchers. canceled checks. or other
doc uments or records evidencing or relating to work, services. expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such doc uments or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this Agreement. Any and all such documents or records shall be
ma inta ined for three years from the date of executi on of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all reco rds or documents required to be maintained pursuant to thi s
section shall be made available for inspection. audit and copying, at any time during regular
business hours. upon request by City or its designated representative. Cop ies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practica l to do so: otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in thi s
Agreement.
(c) Where City has reason to believe that any of the documents or records req uired to
be maintai ned pursuant to this section may be lost or discarded due to dissolution or termination
of Consultant's business. City may, by written request. require that custody of such documents or
records be given to the City and that such documents and records be mai nta ined by the
requesting party. Access to such documents and records shall be granted to City. as well as to its
successors-in-interest and authorized representatives.
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SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an ofiicer. employee or agent of City. Consultant shall have no authority to bind City in any
manner. nor to incur any obligation. debt or liability of any kind on behalf of or against City.
\Vhether by contract or otherwise. unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City,
nor any elected or appointed boards. officers. officials. employees or agents of City. shall have
control over the conduct of Consultant or any of Consultant's officers. employees. or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's officers. employees. or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Consultant . nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant express ly waives any claim Consultant may have to any such
rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes fo r any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys. reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warranties
related to Standard of Performance shall not extend to such use of the maps, models. designs,
drawings, photographs. studies, surveys. reports. data. notes. computer files. files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS
AND LICENSES.
Consultant shall keep itself informed of and comply with all applicable federaL state and
local laws. statutes. codes. ordinances, regulations and rules in etfect during the term of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the services set forih in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultantto comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the unde rstanding of City and Consultant that Ca lifornia prevailing wage laws do not
apply to this Agreement because the Agree ment does not invo lve any of the rollowing services
subject to prevailin g wage rates pursuant to the Califo rnia Labor Code or regulations
promu I gated thereunder: Construction. alteration. demolition. installation. or repair work
performed on public buildings. facilities. streets or sewers done under contract and paid for in
whole or in part out of pu blic funds. In this co ntext. .. construction" inc ludes work performed
during the des ign and preconstruction phases of construction including. but not I imited to.
inspecti on and land surveyin g wo rk.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discrim inate. in any way. against any perso n on the basis of race.
color. re ligious creed. national origin. ancestry. sex. age. physical handicap. med ica l cond ition or
marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Imm igrati on and Nationality Act. 8 U .S.C.A. §~ II 0 I, et ~., as amended, and in connection
therewith, shall not empl oy unauthorized aliens as defined therein. Should Co nsultant so employ
such unauthorized a liens for th e perfo rmance of work and/or services covered by this
Agreement. and should the any li ability or sanctions be imposed against City fo r such use of
unauthori zed aliens. Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed. together with any and all costs. in clud ing attorneys' fees.
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its tirm. has or
shall acquire any interest. directly or indirectly, which would conflict in any manner with th e
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee. agent or
subcontractor without the express written consent of th e City Manager. Consultant agrees to at
all times avo id co nflicts of interest or the appearance of any conflicts of interest with the interests
of City in the performance of this Agreement.
(b ) City understands and ack now ledges that Consultant is. as of th e date of execution
of this Agreement. independentl y involved in the performance of non-related se rvices for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
re lative to such projects. Any future pos ition of City on such projects shall not be considered a
confl ict of interest for purposes of this section.
(c) City und erstands and acknowledges that Consultant will. perform non-related
services for other governmental agencies and private pat1ies following the co mpletion of the
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scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION.
(a) All information gained or work product produced by Consultant in performance
of this Agreement shall be considered confidential. unless such information is in the public
domain or already known to Consultant. Consultant shall not release or di sclose any such
information or work product to persons or entities other than City without prior written
authorization from the City Manager. except as may be required by law.
(b) Consultant its officers. employees, agents or subcontractors. shall not, without
prior \vritten authorization tl·om the City Manager or unless requested by the City Attorney of
City. voluntarily provide declarations, letters of suppott, testimony at depositions. response to
interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant. or any officer, employee, agent or subcontractor of Consultant.
provides any information or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City shoul d Consultant. its officers, employees.
agents or subcontractors be served with any summons, complaint. subpoena, notice of
deposition, request for documents. interrogatories, request tor admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition. hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discove1y requests
provided by Consultant. However. this right to review any such response does not imply or mean
the right by City to controL direct or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) !!l~~mnit].~ation for Professional Liability. Where the law establishes a
professional standard of care tor Consultant's Services. to the fullest extent permitted by law,
Consultant shall indemnify, protect defend and hold harmless City and any and all of its
ofticials. employees and agents (''Indemnified Patties") from and against any and all losses,
liabilities. damages, costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in pmt by any negligent or wrongful act error or omission of Consultant,
its officers, agents, employees or sub-consultants (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law. Consultant shall
indernnit)·. protect. defend and hold harmless City. and any and all of its employees. ofticials and
agents from and against any liability (including liability for claims. suits. actions. arbitration
proceedings. administrative proceed ings. regulatory proceedings. losses. expenses or costs of any
kind. whether actual. alleged or threatened. including attorneys fee s a nd costs. court costs.
interest. defense costs. and expert witness fees). where the same arise out ot: are a consequence
ot: or are in any way attributable to. in whole or in part. the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is lega lly liable. including but not
I imited to officers. agents. employees or sub-contractors of Consultant
(c) General Ind emnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set fot1h here in thi s section ti·om each
and every sub-contractor or any other person or entity involved by. fo r. with or on behalf of
Co nsultant in the performance of this Agreement. In the event Consultant fails to obtain such
ind emnity obl igations ti·01n others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obl igation to indemnify and defend City as set fot1h here is binding on the
successors, ass igns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary. design profess ionals are required to defend and indem nifY the
City only to the extent permitted by Civil Code Section 2782.8, \vhich limits the liability of a
design professional to claims. suits. actions, arbitration proceedings. administrative proc eedings.
regulatory proceed ings, losses. ex penses or costs that ari se out of. pertain to. or relate to the
negligence. recklessness. or wi llful mi sconduct of the design profess ional. The term .. design
professional:· as defined in Section 2782.8. is limited to licensed architects, licensed land scape
architects. registered professional engineers. professional land surveyors. and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release City from li ability arising
from gross negligence or wi llful acts or omissions of City or any and all of its officials.
employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the te rm of thi s
Agreement the insurance policies set forth in Exhibit "'C'. ''Insurance .. and made a pa1t of this
Agreemen t. All insurance policies shall be subject to approval by City as to fo rm and content.
These requirements are subject to amendment or waiver if so app roved in writing by the City
Manager. Consultant agrees to prov ide City wi th copies of required policies upon req uest.
SECTION 18. ASSIGNMENT.
The expertise and experience of Co nsultant are material co nsiderations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
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who will fultill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest. Consultant shall not assign or transfer this Agreement or any p01tion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void. and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of thi s
Agreement. City acknowledges. however, that Consu ltant. in the performance of its duties
pursuant to this Agreement. may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effott to maintain the stability and continuity of
Consultant's staff and subcontractors. if any. assigned to perform the services required under thi s
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors.
if any. assigned to perform the serv ices required under this Agreement. prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement with or without cause. at any time by giving
thitty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thi1ty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by
Consultant. prepared as set f01th in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended. though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shalL when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its so le discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to terminate this Agreement under Section 20. Any failure on the
pmt of the C ity to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages. if any. caused
by delay in performance or failure to perform due to causes beyond the control of Consultant.
Such causes include, but are not I im ited to. acts of God. acts of the public enemy. acts of federal.
state or local governments. acts of City. cow1 orders. fires. floods. epidemics. strikes, embargoes.
and un usually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information. data. reports. records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A .. "Scope of Services;· shall be furnished to Consu ltant in every reasonable way to
faci litate. without undue delay. the work to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail. postage prepaid and return
receipt requested. addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: C ity Manager
970 I Las Tunas Dr.
Temple C ity, CA 91780
Diversified Transportation Solutions
Attn: Roderick T. Goldman
7875 Sorrel Lane
Eastvale. CA 92880
Notice shall be deemed effective on the date personally del ivered or transmitted by
facsimile or. if mailed. three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bi nd
Consultant to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
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This Agreement shall be administered and executed by the City Manager or his or her
designated representative. following approval of this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to make minor amendments to this
Agreement on behalf of the City so long as such actions do not materially change the Agreement
or make a commitment of additional fund s of the City. All other changes, modifications. and
amendments shall require the prior approval of the City Council.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs. executors. administrators. successors and
assigns of the parties.
SECTION 28. MODIFICATION OF AGREEMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing
and approved by the Consultant and by the City Council. The pa11ies agree that this requirement
fo r written modifications cannot be \·Vaived and that any attempted wa iver shall be void .
SECTION 29. WAIVER.
Waiver by any party to thi s Agreement of any term, condition. or covenant of this
Agreement shall not constitute a waiver of any other term, condition. or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision nor a waiver of any subsequent breac h or violation of any provision of this Agreement
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions ofthis Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed accord ing to the laws ofthe
State of Ca lifornia. In the event of litigation between the parties. venue in state trial courts shall
lie exclusive ly in the County of Los Angeles. California. In the event of litigation in a U.S.
District Cow1. venue shall lie exclusively in the Central District of California. in Los Angeles.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement. the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees. costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement. including the attached Exhibits "A" through "C". is the entire. complete.
fi nal and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings. whether oral or written. or entered into
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements. whether oral or written. made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the pat1i~s hereto have executed this Agreement on the date
and year first-above written.
CITY OF TEMPLE CITY
By: ____ --:-------
Jose Pulido, City Manager
ATTEST:
Peggy Kuo
City Clerk
APPROVED AS TO FORM
By: ___________ _
Eric S. Vail
City Attorney
CONSULTANT
J
By:ji, ,-{.~ 7 , -,;4-J.tt.L__
(Authorized Officer)
Title: 'Pr-'1-s·,'c/t.._ ·f
Print Name: ~cl~r. ·c... !C-T ~/c/M ~
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
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EXHJBJT "A"
SCOPE OF SERVICES
Diversitied Transpo11ation Solutions in as ociation with Evan Brooks Associates and Kam
Research (i.e .. Project Team). will perform the tasks listed below. The Scope of Services.
including services. work products. and personnel. are subject to change by mutual Agreement. In
the absence of mutual Agreement regard ing the need to change any aspects of performance.
Consultant shall comply with the Scope of Services as follows:
Task 1 -Project Initiation and Data Collection
Within fi ve days of receiving the Notice to Proceed. the Project Team will hold a project
kick-off meeting with Temple City staff to clarify project objectives and establish project
management systems. During the kick-off meeting. the Project Team and City staff will
discuss the following:
•
•
•
•
•
•
Goals and Expectations for the Project
Review the Project Plan and Scope of Work
Identif)1 Key Contact Persons
Progress Rep011ing Procedures
Approaches for Obtaining Public Feedback
Finalize Project Time lines. Deliverables and Due Dates
The Project Team will document any modi fica tions to the Project Plan that are agreed upon
mutually with City staff.
During the ki ck-off meeting. the Project Team will provide City staff with a li sting of
re levant documents. rep01ts and data that will be useful in identifYing current and future
policies and activities that would potentially impact transpo1tation in Temple City. The
doc umentation ' ill includ e repotts prepared by City staff such as the City Budget. General
Plan. Downtown Parking Study and Downtown Specific Plan. The Project Team has worked
closely with staff from area transit agencies for several years. including Metro, Foothill
Transit and Montebello Bus Lines, and would be able to coordinate with those agencies to
gather ridership counts at local bus stops. to identify transit trip gen erators and assess future
regional transpOJ1ation pl ans that could impact Temple City.
After the kickoff meeting. th e Project Team wi ll participate with Temple City staff on a fi eld
tour of the project area to rev iew local activ ity centers. destinations and potential transit trip
ge nerators that could be served by a new fixed-ro ute transit service. Project Team will
document information provided at each site hy City staff and local res idents and businesses.
and take photographs of significant features and details. The information collected during the
field tour will be included in a tec hnical memorandum to City staff.
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Within five days of the kick-off meeting. the Project Team will ti..mvard the technical
memorandum to the Temple City project manager summari zing the conclusions of the kick-
off meeting and field tour. including any revisions to the Project Plan and Scope of Work.
Project Management Schedule
Roderick Goldman of Diversified Transportation Solutions will conduct the following tasks
to track and maintain the schedule:
•
•
•
•
Conduct weekly meetings with the Project Team regarding the status of ta sks,
identification of issues. and progress on overall \York products;
Provide Temple City staff with monthly progress repotis on the status of
activities. identification of key issues. project schedule and budget:
Schedule regular monthly meetings with Temple City staff in person and by
phone to repoti progress on the project as well to identify potential issues and
determine proactive measures to resolve those issues;
Provide detailed memorandums with submitted work products to focus project
staffs review on technical areas of concern.
All working documents (agendas, written correspondence. site evaluation checklists, etc.)
will be submitted to the Temple City project manager at the conclusion of the project.
Task 1 Deliverables:
Final Project Plan
Data Request !'vfemorandum
Technical Memorandum with Minutes o.fKick-1?{( Meeting and Field Tour Findings
Monthly Progress Reports
Montl7/y Status Meetings
Task 2 -Existing Conditions Analysis
Using the information collected in Task I. Diversified Transportation Solutions and Evan
Brooks Associates will review all documentation provided to develop an analysis of the
existing conditions to r transit in the Ci ty of Temple City. The Existing Conditions Analysis
will include the following information:
•
•
•
An assessment of the City's current and future transportation, commercial
development and land use plans and policies and their potential impact to the
operation of transit service within the city.
Assessment of 20 I 0 Census data to develop a demographic profile and maps of
the Temple City community.
Review of the current performance of transit and paratransit services operating in
the City ofTemple City.
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A s s e s s m e n t o f a r e a t r a v e l p a t t e r n s d e r i v e d f r o m a r e a t r a n s i t p r o v i d e r s a n d 2 0 I 0
U . S . C e n s u s d a t a .
I n f o r m a t i o n c o l l e c t e d f r o m d i s c u s s i o n s w i t h l o c a l a n d r e g i o n a l t r a n s i t p r o v i d e r s
i n c l u d i n g M e t r o . F o o t h i l l T r a n s i t a n d M o n t e b e l l o B u s L i n e s .
F i n d i n g s t i � o m a f i e l d a s s e s s m e n t o f l o c a l a c t i v i t y c e n t e r s r e l a t e d t o t h e p o t e n t i a l
f o r p a s s e n g e r a c c e s s a n d b u s s t o p p l a c e m e n t .
R e v i e w o f c u r r e n t s o u r c e s o f f u n d i n g i n t h e C i t y o f T e m p l e C i t y b u d g e t t h a t a r e
u s e d o r c o u l d b e u s e d f o r t r a n s i t s e r v i c e s .
T h r o u g h a n a l y s i s o f t h e e x i s t i n g c o n d i t i o n s f o r t r a n s i t s e r v i c e . P r o j e c t T e a m w i l l b e a b l e t o
p r o v i d e C i t y s t a f f w i t h a n e x i s t i n g c o n d i t i o n s a n a l y s i s t h a t w i l l i d e n t i f y i f t h e e n v i r o n m e n t
e x i s t s f o r d e v e l o p m e n t o f a s u c c e s s f u l t r a n s i t o p e r a t i o n i n t h e c i t y . a n d s p e c i f y a p a t h f o r w a r d
t o w a r d s t h e d e v e l o p m e n t o f a f i x e d - r o u t e o p e r a t i n g p l a n .
T a s k 2 D e l i v e r a b l e s :
E r i s t i n g C o n d i t i o n s A n a z v s i s R e p o r t
T a s k 3 - C o m m u n i t y E n g a g e m e n t
M e e t i n g t h e t r a n s p o r t a t i o n n e e d s o f t h e l o c a l c o m m u n i t y i s t h e e s s e n t i a l c o m p o n e n t i n t h e
d e v e l o p m e n t o f a t r a n s i t s e r v i c e p l a n . I t i s . t h e r e f o r e . c r i t i c a l t o i d e n t i f y a n d f u l l y
u n d e r s t a n d t h o s e n e e d s . B y d o i n g s o . t h i s a l l o w s t h e t r a n s i t p r o v i d e r t o f o c u s t h e i r o f t e n
l i m i t e d r e s o u r c e s o n t h o s e s e g m e n t s o f t h e c o m m u n i t y t h a t c a n r e c e i v e t h e m o s t b e n e f i t
f r o m t h e p r o v i s i o n o f t r a n s i t s e r v i c e s .
T o a c c o m p l i s h t h i s t a s k , E v a n B r o o k s A s s o c i a t e s w i l l l e a d t h e c o m m u n i t y e n g a g e m e n t
e f f o r t b y c o o r d i n a t i n g m e e t i n g s d i r e c t l y w i t h r e s i d e n t s a n d k e y c o m m u n i t y s t a k e h o l d e r s
a n d s u r v e y i n g r e s i d e n t s a n d b u s i n e s s e s t o o b t a i n f e e d b a c k a b o u t t h e i r t r a n s p o r t a t i o n
n e e d s . T h i s p r o c e s s w i l l g a t h e r i m p 0 1 1 a n t i n f o r m a t i o n . s u c h a s t h e t y p e s o f t r i p s m a d e b y
r e s i d e n t s . t h e l o c a t i o n s r e s i d e n t s t r a v e l t o a n d f r o m . t h e t i m e s o f d a y i n w h i c h
t r a n s p o r t a t i o n i s n e e d e d , a n d v i e w p o i n t s o n w h e t h e r a c i t y - w i d e t i x e d - r o u t e t r a n s i t
s y s t e m w o u l d m e e t t h e s e n e e d s . T h i s p r o c e s s a l s o e n s u r e s t h a t t h e p u b l i c i s f u l l y e n g a g e d
i n t h e p l a n n i n g p r o c e s s a n d c a n f u l l y p a r t i c i p a t e i n b u i l d i n g c o n s e n s u s o n s e r v i c e
p l a n n i n g s t r a t e g i e s .
C o n d u c t P u b l i c W o r k s h o p s
E v a n B r o o k s A s s o c i a t e s w i l l c o o r d i n a t e w i t h C i t y s t a f f i n s c h e d u l i n g t w o
c o m m u n i t y w o r k s h o p s a n d t h e l o c a t i o n s w h e r e t h e y w i l l b e h e l d . E v a n B r o o k s
A s s o c i a t e s h a s v e r y e f f e c t i v e l y f a c i l i t a t e d s t a k e h o l d e r w o r k s h o p s a n d
p r e s e n t a t i o n s t o s m a l l a n d l a r g e g a t h e r i n g s . a n d w i l l f a c i l i t a t e t h e t w o c o m m u n i t y
w o r k s h o p s .
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To increase the potential tor attendance it is suggested that at least one workshop
be sc hed uled in conjuncti on with a regularly-scheduled community meeting or
community event. Eva n Brooks Associates will develop notices and supporting
materials to notit)' local res idents of the purpose. times and locations of
community wo rkshop. and will work in coordinati on with City staff to develop a
list of local sta keho lder to request thei r patticipation in the workshops. Evan
Brooks Associates. in association with Language Network. will prod uce
presentation materials (maps and handouts) for the community workshops in
English. Spanish and Chin ese languages.
During the community workshops, the Project Team will provide the public an
opportunity to provide input on their transportation needs, trave l patterns and
m~jor travel origins and destinations. recommendations on routings and bus stop
locati ons. and the overall demand for local fixed-route transit service. The
community workshops '"·il l be faci litated in English with interpretation in Spanish
and Chinese (Mandarin and Cantonese). The verbal and written co mments from
these workshops will be comp iled and included in a technical memorandum.
Community Survey
Evan Broo ks Associates will work closely with City staff to deve lop and
administer surv eys to Temple City residents to identitY current op inions regarding
the demand for the establishment of city-wide transit service, to identify unmet
transit needs and travel patterns. and identify major travel origi ns and
destinations. The survey instrumen t will be developed in coordination with City
staff~ and will be prepared in English. Spanish and Chinese dialects (Mandarin
and Cantonese).
The community survey will be developed in a manner that wil l al low for the
survey to be conducted both in a paper version as well as via the Internet.
Communication cards wi ll al so be developed for distribution to the commu nity
that contain a QR (Quick Response) Code that wi ll allow for direct access to the
online survey by use of a smart phone or tablet computer equipped with
appropriate applications. Evan Brooks Associates staff wi ll conduct surveys
during at least one community workshop to maximize survey responses . Written
and online survey results will be collected, analyzed and summ arized, with
comments received from the surveys used in the development of transit service
al ternatives.
Task 3 Deliverables:
Stakeholder list
Drqft andfinal surre_r instrument
Workshops presentation materia/.,·
Workshop sign-i11 sheets
Technical Memorandum SliiJJmari::ing i11put finm slakeholders and resid<!11ts recei\·ed
during !he cmnmw1i1y Jrorkslwps and commzmity surreys.
Task 4-Develop Operating Plan
In Task 4. Diversified Transpor1ation Solutions will develop an operating plan for fixed-
route service in the Temple City community. The initial operating plan will be developed
based on the review of documentation provided by the City. findings of the Existing
Condition s analysis. input ti·om community stakeholders and City statl discussions with
area transit operators. and first-hand information gathered from field reviews.
The team· s approach to the development of service alternatives focuses on three
interrelated components: Transit Nctwo1·k Design, Resource Planning and
Implementation Planning. A description of each activity is briefly outlined below.
Develop Network Plan
Based on the information gathered in the previous tasks, Diversified
Transportation Solutions will develop a draft plan for a fixed-route transit route
network. The network design will address key travel linkages and trip generators
to be served. the structure of the route network, connections with other transit
operators to enhance local and regional travel_ and identification of passenger
amenities that would enhance transit usage. The network design will include:
•
•
•
•
Identification of major trip attractors and activity centers in and around the
Temple City area. These centers include employment centers. shopping
centers. senior centers, hotels. government agencies. schools and community
centers.
Recommended route structure tor fixed-route services designed to link major
destinations and trip generators. A minimum of two potential routes will be
developed in this process.
Recommended locations for bu s stops to provide maximum passenger access
to transit services and linkages with other regional transit providers. Potential
negative impacts to residents and the local community around bus stops such
as noise or parking disruption will be considered in the placement of bus
stops.
Identification of passenger amenities that could enhance transit usage .
Amenities to be considered include bu s benches and shelters, trash
receptacles, lighting. and posting of bus schedules at bus stops. Potential bus
stop locations will be assessed regarding the space available for various
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amemttes. and the possible impacts of these amenities to the aesthetic
character of the surrounding neighborhoods.
Roderick Goldm an of Diversified Transp01tation Solutions has extensive
knowledge of the existing transit network in the Templ e City area, and has
worked closely with staff from area transit agencies over for the past 20 years.
including Metro. Foothill Transit and Montebello Bu s Lines. In the network
planning process, Project Team will meet with representatives of each agency to
discuss coordinati on of bu s stops. impacts to existing ridership and revenu es. and
methods to deve lop an integrated transit network in the Te mple City community.
Evan Brooks Associates have strong ti es with the surrounding local jurisdi cti on as
well as with the County. Metro. Foothill Transit. as well with bus manu facturers
and bus contract operators. In addition to providing community relation and
outreach sup port. EBA can provide City staff with governm ent relations.
ad vocacy and outreach to the transit related communities.
Maps will be devel oped by Kam Research us ing Arc View GIS mapping software.
The maps to be included in the operating plan will indi cate existing transit
services operated within the city. major activity centers, and the reco mmended
fixed-route network, including bus stops and transfer connections with other
trans it operators.
Develop Resource Plan
The Resource Plan identities the resources required to operate servtce. The
Resource Plan wi II address the followi ng elements:
•
•
•
•
•
Outlin e of the operating parameters for new fi xed-route transit service .
Operating parameters include recommended service frequencies and
span of service for various times of the day and days of the week. A
base line level of service to be reviewed could include service
frequencies no greater than 30 minutes and a span of service between
10-14 hours per day. depending on input from stakeholders and service
levels of surroundi ng transit operators.
Determination of transit service running times for the recommended
route network.
Development of bus operating schedules for each proposed route .
Estimation of potential ridership demand for each proposed route .
Identification of service hours, service mil es. vehicles. and operators
required to operate transit service.
Estimation of board ings per vehicle hour. operating costs and
projection of passenger revenues for eac h proposa l.
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R e c o m m e n d a t i o n s o n t h e t y p e s o f t r a n s i t v e h i c l e s b e s t s u i t e d t b r
t r a n s i t s e r v i c e .
P o s s i b l e i m p a c t s o f s t u d e n t d e m a n d o n p a s s e n g e r c a p a c i t ) '