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HomeMy Public PortalAbout08) 7F Fixed Transit System - TrolleyCity Council January 15, 2013 Page 2 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. City Council January 15, 2013 Page 3 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 Page 4 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 -1- 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. - I - 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. -3 - 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 -5 - 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 -7 - 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. -9- 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. -11 - 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. A-I 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. " " " " Assessment of area travel patterns derived from area transit providers and 20 I 0 U.S. Census data. Information collected from discussions with local and reg ional transit providers includin g Metro. Foothill Transit and Montebello Bus Lines. Findings ti�om a field assessment of local activity centers related to the potential for passenger access and bu s stop placement. Review of current sources of funding in the City of Temple City bud get that are used or could be used for transit services. Through analysis of the existing cond iti ons for transit service. Project Team will be able to provide City staff with an ex isting cond itions anal ysis that will identify if the environment exists for development of a successful transit operati on in the city. and s pecify a path forward towards the development of a fixed-ro ute operating plan . Task 2 Deliverables: Eristing Conditions Anazvsis Report Task 3-Community Engagement Meeting the transportation needs of the local community is the essential component in the development of a transit service plan . It is. therefore. critical to identify and fully understand those needs. By doing so. this allows the transit provider to focus their often limited resources on those segments of the community that can receive the most benefit from the provision of transit services. To accomplish thi s task, Evan Brooks Associates will lead the community engagement effort by coordinating meetings directly with residents and key community stakeholders and surveying residents and businesses to obtain feedback about their transportation needs. This process will gath er imp011ant information. such as the types of trips made by residents. the locations res idents trave l to and from. the times of day in which transportati on is needed, and viewpoints on whether a city-wide tixed-route transit system would meet these needs. This process also ensures that the publi c is fully engaged in the planning process and can ful ly participate in building consensus on service planning strategies. Conduct Public Workshops Evan Brooks Associates will coordinate with City staff in scheduling two community workshops and the locations where they wi ll be held . Evan Brooks Associates has very effectively facilitated stakeholder workshops and presentations to small and large gatherings. and will fac ilitate the two community workshops. A-3 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 A-5 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. " " " " Recommendations on the types of transit vehicles best suited tbr transit service. Possible impacts of student demand on passenger capacit)' and service efficiency. Requirements for operating facility infrastructure including vehicle storage. fueling types and fueling locations. Cost comparisons for vehicle purchase or leasing . Develop Implementation Plan Diversified Transportat ion So lutions will prepare an Implementation Plan whi ch describes the impacts of service implementation, outlines key issues that should be addressed prior to implementation, establishes an implementation schedule. provides a timeline for implementation of key operational elements. and identifies elements that need to be in place for successful service operation. The implementation schedule included in the Implementation Plan will identii)t key service components such as the lead time required tbr vehicle procurement and bus stop placement, identifi cation of actions requiring City Council approval. procurement of a contractor to admini ster and operate transit service. and timelines required tbr bus operator hiring and training. Task 4 Deliverables: Drc{/i Altematives Analysis Report szmJmarizing the recommended fixed-route transit operations plan. GIS maps hi~hlighting actil'ily centers. exisling and proposed route JJelwork and hus stops Task 5-Identification of Funding Sources Eva n Brooks Associates will identity and profile all local Proposition A and C fund ing. as we ll as regionaL state. and federal funding so urces available for fixed-route transit services. Evan Brooks Associates will also identify potenti al grant sources by funding objectives and financial resources available to transit projects. In addition to transportation funding sources, other sources will be identified such as sustainability. environmental and air quality funding. Evan Brooks Associates will develop of matrix tab le li st ing the available funding sources tbr fixed-route service operation with the requ irements and considerations for each. This assessment will provide a financial baseline from which to evalu ate transit operations and highlight poss ible gaps in funding. Based on the assessment of potential funding sources tbr fixed-route service, Evan Brooks Associates wi ll develop a Financi al Plan which wil l highlight the revenue streams A-7 available to fund transit operations. and the major expenses required to finance daily operations and to maintain and improve the capital inti·astructure. The Financial Plan to be developed by Evan Brooks Associates will outline the budgetary implications for transit operations. capital planning and marketing efforts over a five-year period of inhial operation. The Financial Plan will provide information necessary for policymakers to determine the financial feasibility of Temple City fixed-route transit service \Vithin the context of the Network and Resource Plans. Task 5 Deliverables: Technical Memorandum idelllf/j'ing potentialfimdillg sources andfinancial projections. Matrix owlini11g potential.fzmding sources. acceptahle uses fhr .fimds and likelihood (d. ji111chng amHahility. Task 6 -Marketing Opportunities Evan Brooks Associates will review and identify potential marketing and outreach opportunities that could assist in attracting and growing ridership for a new city-wide fixed- route transit system. The marketing and outreach assessment will review programs and approaches used by local and national transit providers and will include the following elements: • • • Identification of methods to attract ridership including strategic pmtnerships with local and regional businesses, reduced fare promotions, access to real-time transit schedules, and interagency transit services agreements for transit pass and fare program s such as the TAP program and interagency transfers. Identification of potential pri vate revenue sources that could reduce the City·s operational and capital expenses including on-bus advertising for local businesses and bus wraps and outside graphic adve1tising. Identification of cross-jurisdictional marketing eHorts to work with adjacent cities to develop efficient route usage and marketing efforts. Task 6 Deliverables: Teclmical Memorandum idenJ(!j•ing pote11/ial method\' to enhance marketing and strategic partnerships Task 7-Develop Dmft and Final Reports Diversified Transportation Solutions will prepare a draft Transit Service Plan for review to the Temple City project manager approximately 4 months after receiving the Notice to Proceed. The draft Transit Service Plan will include a summary of task findings. the results of community and stakeholder outreach activities. and recommended transit service alternatives. A total of one (I) report document in hard copy and one (I) electronic copy in CD format will be submitted to Temple City staff. Diversified Transportation Solutions will make an oral presentation regarding the findings and recommendations included in the draft Transit Service Plan to City staff. Approximately two (2) weeks after review of the draft Transit Service Plan, Diversified Transportation Solutions will prepare and submit the final Transit Service Plan to the Temple City project manager. The tina! Transit Service Plan will include all of the information included in the draft Transit Service Plan. as well as any modifications requested based on the review of the draft Transit Service Plan by City staff representatives. A total of one (I) report document in hard copy and one ( 1) electronic copy in CD format will be submitted to Temple City staff. Diversified Transportation Solutions will make an oral presentation regarding the findings and recommendations included in the final Transit Service Plan at a City commission meeting and to the Temple City Council to answer questions and comments associated with the City·s consideration of plan approval. Task 7 Deliverables: DN(/i Transit Serrice Plan Final Transit Serrice Plan Oral presentations to Temple City staff," one ci~v cmJmJission and the Temple City Council A-9 EXHIBIT "B" C OMPENSATION I. The City will compensate Consulta nt for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all perso nnel describing the work performed. the number of hours worked. and the hourly rate. B. Line items for all sup plies properly charged to the Services. C. Line items for all travel properly charged to the Services. D. Line items for all equipment properly charged to the Services. E. Line items for all materials properly charged to the Services. F. Line items for all subcontractor labor. supplies. equipment, materials. and travel properly charged to the Services. U. The total compensation for the Services shall not exceed $39,850, as pa·ovided in Section 4 of this Agreement. B-1 EXHIBIT "C" INSURANCE A. Insurance Requirem~nts. Consultant shall pro vide and maintain insurance. acceptable to the Ci ty Manager or City Counsel. in ful l force and effect throughout the term of this Agreement. against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant. its agents. representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:V II. Consultant shall provide the following scope and limits of in surance: I. Minimum Scope of Insurance. Coverage sha ll be at least as broad as: (1) Insurance Services Oftice fom1 Comm erc ial General Liabi lity coverage (Occurrence Form CG 000 I). (2) In surance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liabil ity. including code I "any auto" and endorsement CA 0025. or equivalent form s subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Empl oyer's Liability insurance and coverin g all perso ns providing services on behalf of the Consultant and all risks to such persons under thi s Agreement. (4) Professional liabi lity ins urance appropriate to th e Consultant's profession. This coverage may be written on a .. claims made·· basis, and must include coverage for contractual liabi lity. The professiona l liability insurance required by this Agreement must be endorsed to be applicable to claims based upon. ari sing out of or related to services petfonned under this Agreement. The insurance must be mainta ined for at least 3 consecutive years follow ing the completion of Consultanrs services or the termination of this Agreement. During this additional 3-year period. Consultant shal l annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (I) General Liability: $1.000.000 general agg regate for bodily injury. personal injury and property damage. (2) Automobile Liability: $1.000.000 per acc ident ror bod ily injury and property damage. A combined single limit policy with aggregate limits in an amou nt of not less than $2.000.000 shall be considered eqttivalent to the said req uired minimum lim its set torth above. C-1 (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not Jess than$ 1.000.000 per accident. (4) Professional Liability: $1.000.000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: I. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided. cancelled by the insurer or either patty to this Agreement. reduced in coverage or in limits except after 30 days' prior written notice by Cettitied mai I. return receipt requested. has been given to City. 2. General Liability and Automobile Liability Coverages. (I) City. and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs: products and completed operations of Consultant: premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City. and their respective elected and appointed officers. officials, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City. and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers. officials, employees or volunteers. shall apply in excess of. and not contribute with, Consultant's insurance. (3) Consultant'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. (4) Any failure to comply with the repo1ting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City. and its respective elected and appointed officers. officials, employees or volunteers. 3. Workers' Compensation and Emplover's Liability Coverage. Unless the City Manager otherwise agrees in writing. the insurer shall agree to waive all rights of subrogation against City. and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City. at or bet()l'e the effective date of this contract. certificates of insurance necessary to satisfy City that the in surance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City "'ith copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete. certified copies of all required insurance policies. at any time. I. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers. officials. employees and volunteers or the Consultant shall procure a bond guaranteeing payment oflosses and related investigations. claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements ofthis Agreement. C-3 CITY OF TEMPLE CITY REQUEST FOR PROPOSAL (RFP) jbr FIXED-ROUTE TRANSIT SYSTEM NEEDS ASSESSMENT AND PLANNING STUDY PLEASE SUBMIT PROPOSALS !r) CITY OF TEMPLE CITY ATIN: CATHY BURROUGHS, PARKS AND RECREATION DIRECTOR 9701 LAS TUNAS DR., TEMPLE CITY, CA 91780 l~r FRIDAY, NOVEMBER 30, 2012, 5 P.M. SUBMIT QUESTIONS to WENDY CHUNG MANAGEMENT ANALYST WCHUNG@TEMPLECITY.US (626)285,2171,EXT.2324 TABLE OF CONTENTS I. INTRODUCTION 2 OBJECTIVES BACKGROUND II. SCOPE OF WORK 3 EXISTING CONDITIONS ANALYSIS AND ROUTE PLANNING ALTERNATIVES DEVELOPMENT AND ANALYSIS PROJECT REPORTING, PRESENTATION AND ADOPTION Ill. NECESSARY QUALIFICATIONS 6 IV. SUBMITTAL FORMAT AND CONTENT 6 V. SELECTION PROCESS AND EVALUATION 8 PROPOSAL REVIEW AND EVALUATION PROFESSIONAL SERVICES AGREEMENT CONTRACT APPROVAL AND EXECUTION PROJECT TIMELINE VI. GENERAL CONDITIONS 9 VII. LIABILITY AND INSURANCE 11 VIII. INDEMNIFICATION 12 A. ATTACHMENT: SAMPLE PROFESSIONAL SERVICES AGREEMENT RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 1 CITY OF TEMPLE CITY REQUEST FOR PROPOSAL (RFP) FIXED-ROUTE TRANSIT SYSTEM NEEDS ASSESSMENT AND PLANNING STUDY SECTION I. INTRODUCTION OBJECTIVES The City of Temple City (City) seeks technical assistance from a qualified transportation planning Consultant to conduct a needs assessment and planning study for a local fixed- route transit system. The analysis will include an evaluation of existing conditions; preliminary coordination with local and regional transit operators; identification of route and operating alternatives based on input from City staff and the community; and selection of a preferred alternative. The preferred alternative will serve as the basis for the development of a conceptual operating plan, cost estimate, and implementation plan that will be prepared at sufficient detail for use in the preparation of grant applications. BACKGROUND Temple City is a small suburban community, about 13 miles northeast of Downtown Los Angeles. It is located at the hea rt of the San Gabriel Valley in Los Angeles County, and is bordered by the Cities of Arcadia, El Monte and Rosemead, as well as sections of County unincorporated areas. At four square miles, the city holds a population of 35,7 49, comprising 11,600 households. Average household income is $80,000 and average residential sale price is $560,000. The City of Temple City is a contract city with a Council-Manager form of government. Since 2010, the City has implemented strategic planning to elevate organizational performance and service to the community. One identified goal is the development of a multimodal transportation network that will increase local mobility and connectivity, support economic development and promote sustainable practices. Toward doing so, the City is enhancing pedestrian faci lities and safe routes to school; initiating streetscape enhancement projects on Rosemead Boulevard and Las Tunas Drive; and engaging in numerous planning studies, including the Downtown Parking Study, Traffic Calming Master Plan and a first-ever Bicycle Master Plan . This fixed-route transit system development study is expected to integrate these existing efforts. Currently, local public transportation service in Temple City is limited to the City's Dial-A-Ride for residents of limited mobility. There is no existing local transit program for the general public, though regional public transportation is provided by Los Angeles County Metropolitan Tra nsportation Authority (Metro) and Foothill Transit. In adding a local transit system, the City hopes to further its mobility, connectivity and sustainability goals by increasing travel options for residents, workers and visitors; improving linkages among residential, RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 2 commercial and institutional land uses; as well as supporting sustainability efforts by promoting transit, bicycling and walking as viable alternatives to automobile travel. With the City a former Pacific Electric Red Car town-tracks once ran down Las Tunas Drive-there is an opportunity and interest to run trolley buses (i.e., not on cables or tracks) as revenue vehicles. SECTION II. SCOPE OF WORK The successful bidder will conduct a study that 1) identifies existing conditions and assesses local demand for a fixed-route transit system, and 2) develops a conceptual-level operating plan for an efficient, cost-effective fixed-route transit program, based on study findings. All results and requested deliverables and documentation shall be summarized and compiled in a comprehensive report prepared for the City. 1. Existing Conditions Analysis and Route Planning TASK 1: PROJECT INITIATION AND DATA COLLECTION Consultant will meet with City staff to finalize the project scope, timeline and budget; and discuss goals and expectations. At this time, City staff will define the study area and Consultant will identify relevant support documents to be utilized in the study-working with the City and area transit operators (i.e., Metro, Foothil l Transit) to obtain these resources, including but not limited to relevant General Plan El ements; Downtown Specific Plan; Downtown Parking Study; Bicycle Master Pla n; Traffic Calming Master Plan ; traffic counts and studies; current City Budget; local or regional sustainability plans; demographic data; transit ridership of regional operators; list of potential transit trip generators. Staff has also prepared a local survey of area fixed-route transit providers- including operation hours, routes maps, fares, etc. Following the meeting, Consultant and City staff will conduct a site tour to survey the study area and identify locations of special interest. Defiverabfes and documentation: Project initiation meeting minutes; data request memo; site tour field notes, including digital images TASK 2: EXISTING CONDITIONS ANALYSIS Consultant will acquire and review documents and data from the City, as well as contact with existing transit operators that serve Temple City (Metro, Footh ill Transit, City's Dial-A- Ride operator, etc.), to develop an Existing Conditions Analysis. Results will inform the planning process by identifying the opportunities and challenges to implementing a local fixed -route transit system. Deliverables and documentation: Existing Conditions Analysis, including a summary of focal and regional transportation policies; inventory of existing transit and paratransit providers in Temple City and their operations (i.e., lines, operating hours, headways, ridership data, user eligibility); review of current local funding sources and expenditures on transit services; identification of focal activity centers (i.e. commercial, civic, RFP FOR FIXE D-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 3 institutional destinations, etc.); local demographics and travel characteristics; review of local/and uses and development patterns, identifying potential trip destinations. TASK 3: COMMUNITY ENGAGEMENT Pu blic input will be critical in developing a fixed-route transit system that reflects and responds to community needs. Consultant will conduct two (2) interactive public workshops and administer a survey to gather community feedback. Consultant will also assist City staff in handling public comments and inquiries related to the transit study. Public Workshops Consultant will facilitate two (2) interactive public workshops that engage local residents and stakeholders in tile transit system development process. The primary goals of these workshops are to 1) gather data on loca l travel behavior, 2) assess community demand for fixed-route transit services, 3) identify major service areas and desired destinations, 4) develop potential transit routes, and 5) identify preferred alternatives. Workshops will be conducted in English with Chinese translation provided. Presentations and handouts will be prepared in English and Chinese. Community Survey Consultant will create and administer a community survey that will be available online, as well as distributed at the public workshops and during one additional date-preferably a well-attended community event to maximize responses. The primary goal of this survey is to 1) gather data on local travel behavior, 2) assess community demand for fixed-route transit services, 3) identify major service areas and desired destinations toward developing potential t ransit routes. Surveys will be prepared in English and Chinese. Deliverables and documentation: Local stakeholder Jist; meeting presentation materials, including maps and presentation boards; meeting sign-in sheets; compilation of public input collected at community workshops (and corresponding responses, if any); draft and final survey; summary of survey responses. 2 . Alternatives Development and Analysis Information collected during the previous tasks will be used to develop conceptual-level operating alternatives, with preliminary cost estimates, addressing such key issues as: ROUTES Consultant will propose potential routes and stop locations, based on input from City staff and public feedback gathered from community meetings and survey results. Consultant will also identify existing and proposed transit support facilities, including park-and-ride lots, transfer points with regional bus lines, trip destinations, etc. Consultant will also identify coordination issues with existing regional bus lines. OPERATIONS RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 4 Consultant wi ll propose operating hours and headways, responding to expressed community need. Consultant will also provide preliminary cost comparisons of leasing or purchasing vehicles and using various alternative fuels (i.e., compressed natural gas, battery-electric power, propane, etc.) and various vehicle types (i.e., trolley, cutaway buses, etc.). FUNDING Currently, the City's Dia l-A-Ride operates on Proposition A funding. It is anticipated that the developed fixed-route transit system wi ll likewise be either self-sustained on Prop A funds, and/or supplemented with external funding. Consultant will develop a list of public (i.e., regional, state, federal, nonprofit, etc.) and private (i.e., advertising, marketing, partnerships, etc.) funding sources that the City may be eligible for toward funding t he local transit system. PROGRAM STRATEGIES Identify marketing opportunities and public outreach tools that the City may use to attract and maintain ridership. Such include car wraps/graphics, web integration-e.g., transit trip planning, real-time transit tracking-transit passes, reduced fare programs, etc. Deliverables and documentation: Draft alternatives analysis report, including two (2) or more potential routes, operating options (i.e., service hours, stop locations, headways, preliminary capital investment comparisons, etc.) and associated cost estimates; list of funding sources identifying funding cycles, filing deadlines, applicant eligibility and use limitations; revised alternatives analysis report with City staff comments and Consultant recommendations of preferred alternatives. 3 . Project Reporting, Presentation and Adoption Consultant will compile all deliverables and documentation, including all prepared memos, pertinent maps and analyses, into a draft study document for City staff's review and comment. City staff will provide Consultant with a compiled listing of all comments and revisions made to the draft plan and Consultant will produce a revised draft plan reflecting all requested revisions and edits. Consultant staff will attend one commission meeting and one City Council meeting to present study findings and recommendations, respond to questions or comments from the City or the public, and to secure the City Council 's approval for the plan. Delivera bles and documentation: One hardcopy and one electronic copy of the draft study document; one hardcopy and one electronic copy of final study document (including attached list of all City and public comments and questions, and corresponding Consultant responses); electronic copy of presentation used at commission and City Council meetings. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 5 Ill. NECESSARY QUALIFICATIONS Please describe your firm's qualifications and relevant experience by providing the following information: 1. Prior Experience The selected Consultant must have proven experience in providing the services described under the Scope of Work. Describe three (3) similar projects completed within the past five (5) years, also providing references of the serviced cities or agencies. Indicate the project status and highlight how implementation was successful in achieving identified goals-i.e., improving circulation, supporting local economy. etc. Note any projects that use trolley buses. 2. Company and Staff Qualifications Staff assigned to complete the Scope of Work must have previous experience m providing the necessary services as described in this proposal. 3. Contact Person The selected Consultant will be required to identify the person who will be the project manager. This individual must, within reasonable limitations, be accessible to City staff during business hours (Monday through Friday, 7:30a.m. to 6 p.m.) 4. Organization and Staffing Proposing Consultants shall provide a description of key staff (and Sub-Contractors if any) and anticipated responsibilities. IV. SUBMITTAL FORMAT AND CONTENT Proposing Consultants shall submit two (2) hardcopies of the original proposal document and one digital file contained in a CD. The following conditions apply: 1. The proposal should be typed, concisely composed while adequately describing the qualifications of the proposing Consultant to complete the identified Scope of Work. 2. Proposals must be submitted in one envelope, clearly marked with the Consultant's name, address and phone number. Only one (1) proposal per firm will be considered. 3. The proposing Consultant shall submit the following information-including the same information for Sub-Contractors-in the following format: a. Cover Letter In no more than one (1) page, describe your approach to completing the Scope of Work identified in this RFP and how you believe a fixed-route transit program will benefit the Temple City community. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 6 The cover letter shoul d be addressed to Parks and Recreation Director Cathy Burroughs, and shall include the legal name of t11e company, corporate address, and telephone and fax numbers. Include the name, title, address and telephone number of the primary contact. Include a statement to the effect that the proposal shall rema in valid for a period of not less than 90 days from the date of the submittal. Include a signed statement. by an officer of the finn with authority to bind the firrn in event of an agreement, attesting that all information submitted with the proposal are true and correct. b. Qualifications This portion should include a description of the qualifications of the assigned staff and Sub-Contractors, relevant technical experience and the availability of the staff for the services provided. After selection of a firm by the City, no substitution of key staff or Sub-Contractors may occur without written approval from the City. c. Scope of Work The proposing Consultant shall describe its approach in performing the tasks identified in the Scope of Work section, including any tasks to be performed by Sub-Contractors. d. Pricing Schedule The proposing Consultant must submit a proposal that includes a schedule of fees for all pertinent aspects of the project and a "not-to-exceed " amount for reimbursables. e. Acceptance of Conditions This section will be a statement offering the firm's acceptance of all conditions listed in the RFP document. Any exceptions or suggested changes to the RFP or any contractual obligations, including the suggested change, the reasons therefore and impact it may have on cost or other considerations on the Consultant's behalf, must be stated in the proposal. Unless specifically noted by the firm, the City will assume that the proposal is in compliance with all aspects of the RFP. 4. Proposals must be received by the City by Friday, November 30, 5 p.m. Late postmarks will not be accepted. Pl ease address proposals to: CITY OF TEMPLE CITY ATIN: CATHY BURROUGHS PARKS AND RECREATION DIRECTOR 9701 LAS TUNAS DR. TEMPLE CITY, CA 91780 For any questions, please contact Wendy Chung, Management Analyst, at (626) 285- 2171, ext. 2324, or wchung@templecity.us. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 7 V. EVALUATION AND SELECTION PROCESS The selection process wil l be conducted by City staff and include: 1) Proposal Review and Evaluation, 2) Professional Services Agreement, and 3) Contract Approval and Execution. A project timeline is included in this section. 1. PROPOSAL REVIEW AND EVALUATION Each proposal will be reviewed for successful response to RFP requirements. Failure to meet the requirements of the RFP will be cause for rejection. The City will consider the following in selecting a Consultant: • Response to Scope of Work and this RFP. • Ability to meet the project tirneline. • Qualifications and relevant experience. • Professional reputation of firm. • Number and experience of personnel. • References provided. • Completeness of RFP and adherence to requirements. 2. PROFESSIONAL SERVICES AGREEMENT The selected Contractor will be required to enter into the City's standard Professional Services Agreement (Attachment "A"). The City may consider changes to the agreement's terms on a case-by-case basis, but should not be expected by the Contractor. Nothing in this RFP should imply a contractual obligation for employment. 3. CONTRACT APPROVAL AND EXECUTION The agreement will be presented to the City Council for approval and executed by the City Manager. Tasks not listed in the Scope of Work may be requested by the City or recommended by the Consultant, and performed only upon receipt of written notification from the City. Compensation of such additional services will be a negotiated not-to- exceed budget amount. Consultant must also state whether additional service(s) will affect the project schedule, and submit a new proposed timeline if necessary. 4. PROJECT TIMELINE DATE MILESTONE NOVEMBER 1, 2012 RFP ISSUED NOVEMBER 30, 2012 DEADLINE TO SUBMIT DECEMBER 3-6, 2012 PROPOSAL REVIEW AND EVALUATION DECEMBER 18, 2012 NOTIFICATION OF SELECTION & AWARD OF CONTRACT JANUARY 7. 2013 STUDY BEGINS RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 8 VI. GENERAL CONDITIONS 1. The City of Temple City shall not be liable for any pre-contractual expenses incurred by any consultant, nor shall any firm include such expenses as part of the proposed cost. Pre-contractual expenses include any expense incurred by a qualification and negotiating any terms with the City. 2. The City reserves the right to withdraw this RFP at any time without prior notice and to reject any and all proposals submitted without indicating any reasons. Any award of contract for services will be made to the firm best qualified and responsive in the opinion of the City. 3. Proposals may, at the City's option, be rejected if they contain any alterations, additions, conditional or alternatives, are incomplete, or contain erasures or irregularities of any kind. The City reserves the right to reject any and all proposals. The City expressly reserves the right to postpone submittal opening for its own convenience and to reject any and all submittals responding to this Request for Proposals. 4. The selected firm must agree to indemnify, hold harmless and defend the City, its officers, agents and assigns from any and all liability or loss resulting from any suits, claims or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the contract. 5. The selected firm, shall at its own cost and expense, procure and maintain general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence and annual aggregate, one million dollars ($1,000,000) per person and two hundred thousand dollars ($200,000) property damage. Consultants shall also obtain professional liability insurance in the amount of one million dollars ($1,000,000) per occurrence and annual aggregate. Such insurance shall be procured from an insurer authorized to do business in California and approved in writing by the City. The City shall be named as an additional insured. In addition, the consultant and sub-contractors, if any, shall obtain workers' compensation insurance covering all its employees as required by law. Throughout the term of the contract, the consultant shall deliver to the City satisfactory evidence that the insurance has been renewed and that the required premiums have been paid. Insurance covering liability arising from any error, omission or negligent act of the consultant, its officers, or employees with a limit of liability of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in aggregate. 6. The selected firm will be required to comply with all existing State and Federal labor laws including those applicable to equal opportunity employment provisions. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 9 7. Consultant;Contractor is required to have in full force and affect all licenses and permits required by all applicable laws. Consultant shall obtain a Temple City Business License during the term of the contract. 8. Contractor shall at all times conduct his/her services with the utmost respect to the public. All employees of the Contractor shall wear clean clothing in the performance of their duties and equipment shall be cleaned and maintained in a safe operating manner. All equipment shall be subject to inspection by the City at any time. All personnel shall wear appropriate safety gear at all times while working in Temple City. Consultant shall provide satisfactory warning devices that meet the requirements of the California Occupational Safety and Health Act (Cal-OSHA) for protection of workers when and where required at all times in the performance of this contract. 9. Consultant, its agents, and employees shall comply with all laws, ordinances, rules and regulations of the Federal, State, the County of Los Angeles, the City of Temple City and all governing bodies having jurisdiction applying to work done under the agreement. 10. The City reserves the right to negotiate special requirements and proposed service levels using the selected qualification as a basis. Compensation for services will be negotiated with the selected firm. 11. The selected firm shall not sublet any portion of the agreement with the City without express written permission of the City Manager or his or designated representative. 12. No discrimination shall be made in the employment of persons because of the race, color, or religion of such persons and every bidder in violation of this section is subject to all penalties imposed for a violation of Chapter 1 of Part VII, Division 2 of the Labor Code, in accordance with the provisions of Section 1753 thereof. 13. The City reserves the right to review and approve the qualifications of subcontracting firms or persons. Substitutions, which are not approved, are considered sufficient grounds for termination of contract. 14. The City, or any of its duly authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time and work records, employment records or other records relating to employment. Such material, including all pertinent cost accounting, financial records and proprietary data, will be kept and maintained by the firm for a period of at least four years after completion of a firm 's performance unless the City's written permission is given to dispose of same prior to that time. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 10 15.AII responses to this Request for Proposals (RFP) shall become the property of the City of Temple City and will be retained or disposed of accordingly. 16. No amendments, additions, or alternates shall be accepted after the submission date and time. 17 .All documents, records, designs, and specifications developed by the selected finn in the course of providing services for the City of Temple City shall be the property of the City. Anything considered to be proprietary should be so designated by the finn. 18.Acceptance by the City of any qualification submitted pursuant to this Request for Proposals shall not constitute any implied intent to enter into a contract for services. 19. The City reserves the right to issue written notice to all participating firms of any change in the qualification submission schedule should the City determine, in its sole discretion, that such changes are necessary. VII. LIABILITY AND INSURANCE During the performance of the duties outlined in the specifications of this Request for Bids, the successful bidder shall procure the following insurance, which shall be full coverage insurance not subject to self-insurance provisions, except for vehicle collision insurance and comprehensive automobile coverage and shall not. of the contractor's initiative, cause such insurance to be cancelled or materially altered during the contract term: A. COMPREHENSIVE GENERAL LIABILITY INSURANCE to include premises. operations, contractual liability and personal injury liability with at least the following combined single limits of liability: 1. Primary Bodily Injury Liability limits of at least $1,000,000 per occurrence; 2. Primary Property Damage Liability limits of at least $1,000,000 per occurrence. B. VEHICLE INSURANCE to include owned, hired and non-owned vehicles with at least the following combined single limits of liability: 1. Primary Bodily Injury Liability limits of at least $1,000,000 per occurrence; 2. Primary Property Damage Liability limits of at least $1,000,000 per occurrence. 3. Uninsured Motorists, Medical Payments, and Collision and Comprehensive Physical Damage Insurance covering the actual cash value of each vehicle. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 11 Any deductible will be the responsibility of the Contractor. Insurance is to be placed with insurers which are "admitted" in the State of California and have a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. C. WORKER'S COMPENSATION INSURANCE shall be maintained by the Contractor as required by law. D. Prior to commencement thereof, and except for Worker's Compensation and Employer's Liability Insurance, the successful bidder shall furnish a complete copy of each insurance policy and a Certificate of Insurance thereof to the City of Temple City, wh ich shall certify that the Contractor's insurance policy provides as follows: 1. The City of Te mple City, its employees, agents, and officers shall be named as an additional insured on all insurance with respect to performance hereunder. 2. The coverage shall be primary as to any other insurance with respect to performance hereunder. 3. Such policies shall provide that they may not be cancelled without at least thirty (30) days written notice to the City of Temple City. VIII. INDEMNIFICATION Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs. and expert witness fees), where the same arise out of, are a consequence of, 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 legally liable, including but not limited to officers, agents, employees or Sub- Contractors of Consultant. The Contractor shall, at his own expense and risk, defend any legal proceedings that may be brought against the City of Temple City, its Council, officers, agents or employees therein, within the provision of the above stated insurance. RFP FOR FIXED-ROUTE TRANSIT STUDY I CITY OF TEMPLE CITY 12 ATTACHMENT "A" CONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and -1- AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND This Agreement for Consultant Services ( .. Agreement") is entered into as of th is __ day of . 20 I 0 by and between the City of TEMPLE CITY. a municipal corporation ("City'") and a ("Consultant""). City and Consultant are sometimes hereinafter indi vidually referred to as ··Party .. and herein after collectively referred to as the "Parties:· RECITALS A. City has sought. by issuance of a Request for Proposa ls or Jn vitation for Bid s. the performance of the services defined and described parti cularly in Section 2 of this Agreement. B. Consu ltant. foll owing submission of a proposal or bid for the perfo rm ance of the se rvices 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 autho rity to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to form ali ze the selection of Consultant for performance of those services defined and described particularly in Secti on 2 of thi s Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW. THEREFORE. in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration. the value and adequacy of which are hereby acknowledged. the parties agree as foll ows: SECTION 1. TERM OF AGREEMENT. Su bject to the provisions of Section 20 "Termination of Agreement" of thi s Agreement. the scope of services set f01th 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 sc hedule. 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 all ow Consultant to continue performing the scope of services until such services are complete. - I - SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhi bit .. A .... Scope of Serv ices .. and made a pnrt of thi s Agreement. SECTION 3. ADDITIONAL SERVICES. Consu ltant shall not be compensated fo r any services rendered in connection with its perfo rm ance of this Agreement which are in add ition to or outside of those set forth in this Agreement or listed in Exhibit "A .. ·'Scope of Services:· unless such additi onal services are authorized in advance and in writ ing by the City Cou ncil 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 Counci l or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitati ons set forth in thi s Agreement. City agrees to pay Consultant the amounts specified in Exhibit "B .. "Compensation .. and made a part of thi s Agreement. The total compensation. includi ng reimbursement for actual expenses. shall not exceed dollars ($ ). unless additional compensation is approved in writin g by the City Council or City Manager. (b) Each month Consultant shall furn ish to City an original invoice for all work perfo rm ed and ex penses incurred during th e preceding month. The in voice shall detai l charges by the fo ll owing categori es: labor (by sub-category). travel. materials. equipment supplies, and sub-consultant contracts. Sub-consultant charges shall be detailed by the following categories: labor. trave l. materials, equipment and supplies. City shall independe ntly review each invo ice submitted by th e Co nsul tant to determine whether th e work perfo rm ed and expenses incurred are in compli ance with the provisions of thi s Agreement. In th e event that t10 charges or expenses are di sputed. 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 ori ginal invoic e shal l be returned by City to Consulta nt for correction and res ubm ission. (c) Except as to any charges for wo rk perfor med or expenses incurred by Consultant which are disputed by City. City wi ll use its best efforts to cause Consultant to be paid within forty-five ( 45) days of receipt of Consultant" s correct and undisputed invoice. (d) Payment to Co nsultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in wo rk performed by Consultant. SECTIONS. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultanf s work under this Agreement. either during performance or when completed. City shall rej ect or tinally 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 wi th respect to latent defects. fraud and such gross mistakes as amount to fraud . Acceptance of any of Consulta nt's work by City shall not constitute a waiver of any of the provisions of this Agreement including. but not limited to . sections 16 and 17. pertaining to indemnification and insurance. respective ly. SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps. models. designs. drawings. photographs. studies. surveys. reports. data. notes. computer tiles. tiles and other documents prepared. developed or discovered by Consu ltant in the course of' prov id ing any services pursuant to this Agreement shall become the sole property of City and may be used. reused or otherwise disposed of by City without the permiss ion of the Consultant. Upon completion. expiration or termination of this Agreement. Consultant shall turn over to City all such original maps. models. designs. drawings. photographs. studies. surveys. rep011s. data. notes. computer files. tiles and other documents. If and to the extent that City utilizes for any purpose not related to thi s Agreement any maps. models. designs. drawings. photographs. studies. surveys. reports, data. notes. computer fil es. files or other documents prepared. developed or di scovered by Consultant in the course of providing any services pursuant to this Agreement. Consultant's guarantees and warrants re lated to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps. models. designs. drawings. photographs. studies. surveys. repmts. data. notes. computer files. fi les or other documents. SECTION 7. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and al l documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers. books of account. in voices. vouchers. canceled checks. or other documents or records evidencing or relating to work. serv ices. expenditures and di sbursements charged to City pursuant to this Agreement. Any and all such documents or records shal l 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 maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection. audit and copying. at any time during regu lar business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so: otherwise. un less an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consu ltant'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 maintained by the requesting party. Access to such documents and records shall be granted to City. as well as lo its successors-in-interest and authorized representatives. -3 - SECTION 8. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an ofticer. employee or agent of City. Consultant shal l have no autho rity to bind City in any manner. nor to incur any obligation. debt or liability of any kind on behalf of or again st City. whether by contract or otherwise. unless such authority is expressly conferred under thi s AGREEMENT or is otherwise expressly conferred in writing by City. (b) The personnel performing the services under thi s Agreement on behalf of Consultant shall at all times be under Consultant's exc lusive directi on and control. Neither City. nor any elected or appointed boards. ofticers. officials. employees or agents of City. shall have control over the conduct of Consultant or any of Consultant's ofticers. empl oyees. 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 Consultanfs officers. employees, or agents are in any manner officials. olficers. employees or agents of City. (c) Neither Consultant , nor any of Consultant's ofticers. employees or agents. shall obtain any ri ghts to retirement. hea lth care or any other benefits which may otherwise accrue to City's empl oyees. Consultant express ly wa ives any claim Consultant may have to an y such rights. SECTION 9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications. experience and faci lities 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 abi lity. experience and talent. perform all services described herein. In meeting its obl igations under this Agreement, Consultant shall employ, at a minimum. generally accepted standards and practices utilized by persons engaged in providing services similar to th ose required of Co nsultant under this Agreement. If and to the extent that City utilizes for any purpose not related to this Agreement any ma ps. models. designs. drawings. photographs. studies. surveys. reports. data. notes. computer tiles. tiles or other docum ents 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. model s. designs, drawings. photographs. studies, surveys, repo rts, data, notes. computer files. tiles or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federa L state and local laws. statutes. codes. ordinances. regulations and rules in effect during the term of this Agreement. Consultant shal l obtain any and all licenses, permits and au thorizations necessary to perform the services set forth in this Agreement. Neither City. nor any elected or appoi nted boards, ofticers. officials. employees or agents of City. shall be liable. at law or in equity. as a result of any failure ofConsultant to comply with this section . SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Co nsultant that Californi a prevailing wage laws do not apply to this Agreement because the Agree ment does not involve any of the fol lowing services subject to preva il ing wage rates pursuant to the Califo rnia Labor Code or regulations promulgated th ereund er: Construction, alteration. demolition. install ation. or repair wo rk perfo nned on public buildings. facil ities. streets or sewers done under contract and paid for in whole or in part out of public funds. In this context. "construction" inc lud es work pe rfo rmed during the design and preconstruction phases of construction including. but not limited to. inspecti on and land survey ing work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate. in any way. against any person on the basis of race. color. religious creed. nati onal ori gin. ancestry. sex. age. ph ysical handicap. medical condition or marital status in connection with or re lated to the perfo rmance of thi s Agreement. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all ofthe provisions of the Federa l Immigration and Nationality Act. 8 U.S.C.A . §§ I I 0 I. et ~ .. as amended. and in connection therewith, shall not employ unauthorized ali ens as deti ned therein. Should Consultant so empl oy such unauthorized ali ens for the performance of work and/or services covered by thi s Agreement, and should th e any liability or sanctions be imposed agai nst City for such use of unauth orized aliens. Consul tant hereby agrees to and shall reimburse City for the cost of all such liabi lities or sanctions imposed. togeth er with any and all costs, inc luding attorneys' fees. incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants th at neither it, nor any offi cer or principal of its firm. has or shall acquire any interest. directly or indirectly. which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services und er this Agreement. Consul tant further covenants that in the performance of this Agreement. no person hav in g any such interest shall be empl oyed by it as an officer. employee. agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any confli cts of interest with the interests of City in the perform ance of th is Agreement. (b) City understands and acknowledges that Co nsultant is. as of the date of execution of this Agreement. independently in volved in the performance of non-related services for other governmental agenci es and private par1i es. Consultant is unaware of any stated position of City relative to such proj ects. Any futu re position of City on such projects shall not be considered a contl ict of interest for pu rposes of thi s secti on. {c) City understands and acknowledges that Consultant will. perfonr1 non-related services fo r other governmental agencies and private parties fo llowing the completion of the -5 - scope of ww k under thi s Agreement. Any such future service sh all not be considered a confli ct of interest for purposes of this section. SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All info rmati on gai ned or work prod uct produced by Consultant in performance of this Agreement shall be considered confidential. unless such information is in the public domain or already kno wn to Consultant. Consultant shall not release or di sclose any such information or work product to persons or entities other than City without pri or written authorization from the City Manage r. except as may be required by law. (b) Consultant. its officers. employees. agents or subcontractors. shall not. without prior written auth orizati on ti·om the City Manager or unless requested by the City Attorney of City. voluntarily provide dec larati ons. letters of support. testimony at depositions. re sponse to interrogatories or other informati on concerning the work perform ed under this Agreement. Response to a subpoena or colllt order shall not be considered "voluntary'' prov ided Consultant gives City notice of such court order or subpoena. (c) If Consultant. or any officer. employee, agent or subcontractor of Consultant. prov ides any information or wo rk product in vi olati on of this Ag reement. then City shall have the right to reimbursement and indemnity from Consultant for an y damages, costs and fees. including attorn eys tees. caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant . its officers. employees. agents or subcontractors be served with any summ ons. complaint. subpoena. notice of depositi on. req uest for doc um ents. interrogatories. request for admi ssions or other discovery request, court order or subpoena from any party regarding this Agreement and the work perform ed th ereunder. City retains the right. but has no obligation, to represent Consultant or be present at any deposition. hearin g or simil ar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to rev iew any response to discovery requests prov ided by Consultant. However. this right to review any such response does not imply or mean the right by City to contro l. direct. or rewrite sai d response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Protessional Liabil itv. Where the law establishes a professional standard of care for Consultant's Services. to the fullest extent permitted by law. Consultant shall indemni fy. protect. defend and hold harmless City and any and all of its officials. employees and agents ("Indemnified Parties .. ) from and against any and all losses. liabil ities. damages. costs and ex penses. including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers. agents. employees or sub-consultants (or any entity or ind iv idual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreem ent. (b) Indemnification fo r Other than Professional Liabili tv. Other than in the perfo rmance of professional services and to the full extent permitted by law. Consultant shall indemnify. protect defend and hold harmless City. and any and all of its employees. officials and agents from and against any liability (including liability for claims. suits. actions. arbitrati on proceedings. administrative proceedings. regulatory proceedings. losses. expenses or costs of any kind. whether actual. alleged or threatened. including attorneys fees and costs. coutt costs. interest. defense costs. and expert witness fees). ,,..·here th e same arise out of, are a consequence of. 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 legally liable. including but not limited to officers. agents. employees or sub-contractors of Consultant. (c) General Indemnification Prov isions. Consultant agrees to obtain executed indemnity Agreements with provisio ns identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by. for. with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fa ils to obtain such indemnity obligations from others as requ ired here. Consultant agrees to be fu ll y responsible according to the terms of this section. Failure of City to monitor compliance with these requirement s imposes no additional obligations on City and will in no way act as a wa iver of any rights hereunder. Thi s obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Limitation of Ind emnification. Notwithstanding any provision of this Section I 6 llndemnitication] to the contrary. design professionals are required to defend and indemnify the City on ly to the extent permitted by Civil Code Section 2782.8. which limits the liability of a design professional to claims. suits. actions. arbitration proceedings, administrative proceedings. regulatory proceedings. losses. expenses or costs that arise out of. pertain to, or relate to the negligence. recklessness, or willful misconduct of the design profess ional. The term ··design professional:' as defined in Section 2782.8. is limited to licensed architects. licensed landscape architects. registered professional engi neers. profess ional land surveyors. and the business entities that offer such services in accordance with the applicable provisions of the Ca lifornia 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 liabi lity arising from gross negligence or willful acts or omi ssions of City or any and all of its officials. employees and agents. SECTION 17. INSURANCE. Con sultant agrees to obtain and maintain in full force and effect during the term of this Agreement the in surance policies set forth in Exhibit "C' "Insurance" and made a pat1 of thi s Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waive r if so approved in writing by the City Manager. Consultant agrees to prov ide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The experti se and experience of Consultant are material considerations fo r thi s Agreement. City has an interest in the qualifications of and capability of the persons and entities -7 - who wil l fulfill the duties and obligations imposed upon Consultant under this Agreement. ln recognition of that interest. Consultant shall not assign or transfer thi s Agreement or any p011ion of this Agreement or the performance of any of Consultant's duties or obligations under thi s Agreement without the prior wrinen 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 this Agreement. City acknowledges. however. that Consultant. in the performance of its duties pursuant to this Agreement. may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant sha ll make every reasonable effot1 to maintain the stability and continuity of Consultant's staff and subcontractors. if any. ass igned 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 services 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 thirty (30) days written notice of termination to Consultant. In th e event such notice is given. Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any tim e upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under thi s 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 propetty belonging exclusivel y to City which is in Consultant's possession shall be returned to City. Consultant shall furni sh to City a final invoice for work performed and expenses incurred by Consultant. prepared as set f01th in Section 4 of this Agreement. This tina! invoice shall be reviewed and paid in the same manner as set fo11h 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 fo r 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 circum stances 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 wi th payment on the invoices. In the alternative. the City ma y. in its sole 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 part of th e City to give noti ce 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 th is Agreement. SECTION 22. EXCUSABLE DELAYS. Consu ltant shall not be liable for damages. including liquidated damages. if any. caused by delay in performance or fa ilure to perform due to causes beyond the control of Consultant. Such causes include. but are not limited to. acts of God. acts ofthe public enemy, acts of federaL state or local governments. acts of City. court orders. fires. floods. epidemics. strikes. embargoes. and unusuall y severe weather. The term and price of this Agreement sha ll be equitably adj usted for any delays due to such causes. SECTION 23. COOPERATION BY CITY. All public informati on. data, reports. records. and maps as are existing and availabl e to City as public records. and which are necessary for carrying out the work as outlined in the Exhibi t ··A"' "Scope of Serv ices:· shall be furnished to Consultant 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 thi s Agreement shall be in writing and shall be personally deli vered. or sent by telecop ier or certified mail, postage prepaid and return receipt requested. addressed as fo llows: To City: To Consultant: City ofTemple City Attn: City Manager 970 I Las Tunas Dr. Templ e City. CA 91780 Notice shall be deemed effective on the date personally delivered 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 ha s/have the authority to so execute this Agreement and to bind Consultant to the performance of its obi igations here under. SECTION 26. ADMINISTRATION AND IMPLEMENTATION. -9 - This Agreement shall be administered and executed by the City Manager or his or her designated representative. foll owing 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 materiall y change the Agreement or make a commitment of additional funds of the City. A II other changes. modifications. and amendments shall require the prior approva l of the City Counci l. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs. executors. administrators. successors and assigns ofthe parties. SECTION 28. MODIFICATION OF AGREEMENT. No amendment to or modification of this Agreement shall be val id unless made in writing and approved by the Consultant and by the City Counci l. The pa1ties agree that thi s requirement for written moditications cannot be waived and that any attempted waiver 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 prov isions of thi s Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach 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 of this Agreement. SECTION 30. LAW TO GOVERN; VENUE. This Agreement shall be interpreted. construed and governed according to the laws ofthe State of California. In the event of litigation between the pa1ties. venue in state trial courts shall lie exclu sively in the County of Los Angeles. California. In the event of liti gation in a U.S. District Court. 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 thi s 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 reli ef to which it may be entitled. SECTION 32. ENTIRE AGREEMENT. This Agreement. including the attached Exhibits "A" through "C". is the entire. complete. final 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 Ag reement. No statements. representations or other Agreements, whether oral or written. made by any pa11y which are not embodied herein shall be val id and binding. No amendment to this Agreement shall be va lid and binding unless in writing duly executed by rhe parties or their authorized representatives. SECTION 33. SEVERABILITY. If any term. condition or covenant of this Agreement is declared or determined by any cou11 of competent jurisdiction to be invalid. void or unenforceable. the remai ning provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid. vo id or unenforceable provision(s). IN WITNESS WHEREOF. the parti es hereto have executed this Agreement on the date and year first-above written. ATTEST:/ Peggy Kuo City Clerk APPROVED AS TO FORM By: ____________ __ Eric S. Vail City Attorney By: _______________________ __ Its: ______________ _ -II - CITY OF TEMPLE CITY By: ___________ _ Jose Pulido City Manager By:----------------- Its: ------------ 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On before me. . personally appeared . proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi sfher/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. e.xecuted the instrument. I certifY under PE A L TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT ESS my hand and official seal. Signature:--------------- OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fra udulent reattachment ofthis form CAPACITY CLAIMED BY SIGNER D I DIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PART ER(S) D D LIMITED GE ERAL ATTORNEY -rN-F ACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER _____________________ _ IGNER IS REPRESENTING: (NAME OF PERSO l(S) ORE T ITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUME T NUMBER OF PAGES DATE OF DOCUMENT SIG ER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On ____ . before me. _______ . personally appeared ______ _ 0 personally known to me -OR-0 proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER D INDIVI DUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PARTNE R(S ) D D LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUAR DIAN/CONSERVATOR OTHER ___________ _ SIGNER IS REPRESENTING: (NA tv!E OF PERSON(S) OR ENT ITY(IES)) DESCRIPTION OF ATTACHED DOCliMENT TITLE OR TYPE OF DOCUt\1 ENT NUMBER OF PA GES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: A. B. c. D. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. B. c. D. III. During pet·fomlance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. B. c. D. IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: A. B. C. A-I D. V. Consultant will utilize the following personnel to accomplish the Set·vices: A. B. c. D. VI. Consultant will utilize the following subcontractors to accomplish the Services: A. B. C. D. VII. AMENDMENT The Scope of Services. including services. work products. and personnel, are subj ect to change by mutual Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance. Cons ultant shall comply with the Scope of Services as indicated above. EXHIBIT "B" COMPENSATION I. Consultant shall use the following rates of pay in the performance of the Services: A. (job] [hourly rate 1 B. [j ob] [hourly rate] c. [j ob] [hourlv rate] D. [job] [hourlv rate] E. [job] [hourly rate] II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed$ per hour without written authorization from the City Manager or his designee. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed. the number of hours worked, and the hourly rate. B. Line items for all supplies properly charged to the Services. C. Line items for all travel properly charged to the Services. D. Line items for all equipment properly charged to the Services. E. Line items for all materials properly charged to the Services. F. Line items for all subcontractor labor. supplies. equipment. materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $ ____ ,as provided in Section 4 of this Agreement. B-1 EXHIBIT ''C" INSURANCE A. Insurance Requirements. Co nsultant shall provide and maintain insurance, acceptable to the City Manager or City Coun se l. in full force and effect throughout the term of this Agreement. against claims for inj uries to persons or damages to property whic h may arise fro m or in connection with the performa11ce of the work hereunder by Consultant its agents. representatives or employees. In surance is to be placed with insurers with a current A.M. Best's 1·ating of no less than A:Vll. Co nsultant shall prov ide the following scope and limits of insurance: I. Minimum Scope of Insurance. Cove rage shall be at least as bi'Oad as: ( 1) Insurance Services Oftice fo rm Commercial General Liability coverage (Occurrence Form CG 000 I). (2) Insurance Services Office form number CA 000 I (Ed. I /87) covering Automobile Li abi lity. including code I "any auto" and endorsement CA 0025, or equivalent forms subject to the written approva l of the City. (3) Workers' Co mpensation insurance as required by the Labor Code of State of California and Emp loyer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons und er thi s Agreement. ( 4) Professional liabi lity insurance appropriate to the Co nsultant's profe ssion . This coverage may be written on a .. claims made .. basis, and must include coverage for contractual liability. The pi'Ofess ional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon. arising out of or rel ated to services performed under th is Agreement. The insurance mu st be maintained for at least 3 consecutive years following the completion of Consul tant's services or the termination of this Agreement. During thi s additional 3-year period, Consultan t shall annually and upon request of the City submit written evidence ofthis continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of in surance no less than: (1) General Liability : $1.000.000 general aggregate for bodil y injury. personal injury and property damage. (2) Automobil e Liability: $1.000.000 per accide nt for bodily injury and property damage. A combined single limi t policy with aggregate limits in an amount of not less than $2.000.000 shall be considered eq ui va lent to the sa id required minimum limits set fot1h above. C-1 (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000.000 per accident. ( 4) Professional Liability: $1.000.000 per occurrence. B. Other Provisions .. Insurance policies required by this Agreement shall contain the following provisions: I. All Po licies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided. cancelled by the in surer or either pm1y to this Agreement. reduced in coverage or in limits except after 30 days' prior written notice by Certified mai I, return receipt requested. has been given to City. 2. G eneral Liability and Automobile Liability Coverages. ( 1) City. a nd its respective elected and appointed officers. ofticials. and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned. occupied or used by Consultant ; or automobiles owned. leased. hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City. and their respective elected a nd appointed officers. officials. or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City. and its respective elected and appointed. its officers, officials. employees and volunteers. Any insurance or self insurance maintained by City. and its respective elected and appointed officers. officials, employees or volunteers, shall apply in excess oL and not contribute with, Consultant's insurance. (3) Consultant'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. ( 4) Any failure to comply with the rep01ting or other provisions of the pol icies including breaches of warranties shall not affect coverage provided to City. and its respective elected and appointed officers. official s, employees or volunteers. 3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed ofticers. officials. employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City. at or before the effecti ve date of this contract. certiticates of insurance necessary to satisfy City that the insurance provisions of thi s contract have been complied with. The City Attorney may require that Consultant furnish City with copies of ori ginal endorsements effecting coverage required by this Section. The ce11iticates and endorsements are to be signed by a perso n authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete. certified copies of all required insurance policies. at any time. I. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be dec lared to and approved by City. At the option of City. either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers. officials. employees and vo lunteers or the Co nsultant shall procure a bond guaranteeing payment oflosses and related investigations. claim ad ministration. defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to I im it Consultant's I iabi I ity hereunder nor to fu lfi II the indemn itication provisions and requirements ofthis Agreement. C-3 Cathy Burroughs November 30, 2012 Page 2 Diversified Transportation Solutions has ass embled an outstanding team of transportation professionals to further enhance the level of knowledge and resources provided for this important project. Our team includes Evan Brooks Associates and Kam Research. Each member of the team brings specific skill sets that enhance the level of expertise to be delivered to the City of Temple City. The Diversified Transportation Solutions team includes firms with the expertise and experience to develop transit plans that are based on the transportation needs of the community, and that maximize the effectiveness of the City's capital and operating funds. Our experience with transit planning, performance analysis, financial analysis, and public outreach allows us to quickly move toward assessing the feasibility of fixed route service and developing an operating plan that can be implemented within the parameters of the City's financial capacity. Moreover, we will ensure the hands-on involvement of our Project Manager, Roderick Goldman, on a daily basis. Diversified Transportation Solutions is a California Corporation, and we guarantee all work and services provided by our team to be on time, within budget and of the highest professional quality. We also state that this proposal shall remain valid for a period of no less than 90 days from November 30, 2012 . Diversified Transportation Solutions acknowledges that all information contained in this proposal is true and correct as of the date of submittal. I appreciate your consideration of the Diversified Transportation Solutions team for this important assignment, and look forward to participating further in the consultant selection process. You may contact me directly or by fax at (888) 710-0220, or by e-mail at rgoldman@dtsconsult.net regarding this proposal. I, Roderick T. Goldman, am the authorized person that can bind Diversified Transportation Solutions contractually. Sincerely, ;/hr# Roderick T. Goldman President City of Temple City Request [or Proposals-Fixed-Route Transit Study November 2012 EXPERIENCE AND QUALIFICATION OF FIRM The related experience and qualifications of Diversified Transportation Solutions and participating team member firms are outlined below. References and resumes are also included in this section. Diversified Transportation Solutions and participating team member firms guarantee our full availability to conduct and complete the requirements of this project throughout the duration of the contract. DIVERSIFIED TRANSPORTATION SOLUTIONS Diversified Transportation Solutions is a local consulting firm founded in January 2007 and based in Eastvale, CA that specializes in transit service planning and development. Diversified Transportation Solutions assists municipalities and transit agencies in developing comprehensive service plans for the development and improvement of transit services, and in developing innovative transit services that enhance the efficiency, effectiveness and quality of transit services. Diversified Transportation Solutions has a strong focus on service development and service quality from the perspective of the customer. Services provided include: • Service Planning • Bus Fleet Planning • Transit Route Design • Multi-Modal Interface • Scheduling • Feasibility Studies • Short-Range Transit Planning • Productivity Analysis • Capital Planning • Strategic Planning Diversified Transportation Solutions has a strong financial foundation, and provides clients with a high level of expertise in transit service planning and development, a proven ability to merge the needs oftransit users and policymakers, and the ability to identify the most efficient use of limited resources. Diversified Transportation Solutions is certified as a Disadvantaged Business Enterprise (DBE), a Small Business Enterprise (SBE), and a Minority Business Enterprise (MBE) by the Los Angeles County Metropolitan Transportation Authority. Roderick Goldman of Diversified Transportation Solutions is the designated project manager who will be responsible for the delivery of services in accordance with the Temple City contract. Contact information for Diversified Transportation Solutions is listed below: 7875 Sorrel Lane Eastvale, CA 92880 (888) 710-0220 DIVERSIFIED TRANSPORTATION SOLUTIONS 1 City of Temple City Request (or Proposals-Fixed-Route Transit Study November 2012 EVAN BROOKS ASSOCIATES Evan Brooks Associates (EBA) specializes in transportation and strategic planning with extensive experience and expertise in funds management and community/government relations and outreach. EBA has worked with over 20 clients and our distinguished team has a broad mix of multi-disciplinary expertise that includes Transportation, Environmental and Community Planning. EBA is highly experienced in project and program management and strategic planning involving Traffic, Transportation, and Land Use. Their offices are located in Los Angeles, Alhambra and Pasadena. EBA has extensive transit and transportation experience in working with local and San Gabriel Valley agencies, including Alhambra, Pasadena, South Pasadena, San Marino, Arcadia, Rosemead, El Monte, Monrovia, Bradbury, Duarte, Bradbury, Pica Rivera and La Verne. This Firm also has experience running and managing the transit administration and management of Beach Cities Transit (BCT), a multi-jurisdictional regional transit operator service. Key staff members have served public agencies in various capacities including Transportation Manager, Federal Aid Administration, Capital Funds Management, Environmental Clearance Specialists, Labor Compliance Officer, Project Manager, Capital Planner, and Management Analyst. EBA is accustomed to working with governmental agencies in every facet of transit and transportation administration, community development, resident/stakeholder engagement, community and government advocacy, planning, finance, and public works, and their staff has an unparalleled understanding of public agency issues, procedures, and policies. KAM RESEARCH Kam Research provides Geographic Information Systems (GIS) analysis, data, and mapping support in the areas of environmental (CEQA & NEPA) and transportation planning. Kam Research 's services include: • Demographic & Land Use Mapping and Analysis • Geodatabase Design, Development, and Management • Spatial Analysis and Modeling • GIS Model Building • GIS Data Creation (e.g., GPS, Digitizing Older Maps, Gee-Referencing Images) • Cartography & Graphic Design DIVERSIFIED TRANSPORTATION SOLUTIONS 2 City of Temple City Request (or Proposals-Fixed-Route Transit Study .. -l •'evan ;brooks associates.' -.. . . --- November 2012 Evan Brooks Associates has extensive experience working with a large number of cities within Los Angeles County. The Firm has worked for several Public Works and Community Development Departments on public funding strategies and community outreach for transit and roadway projects including bus purchases, transit and major investment studies, transit and corridor resurfacing and realignment improvements and transit route feasibility studies. The following provides the Firm's work experiences and client contact information . CITY OF EL MONTE, On-Call Transportation Management Services Grants Acquisition/Funds Management and Transit Planning Evan Brooks Associates is available to the City of El Monte for Funds Management Services. Current assignments include a bus operational study and parking analysis. Managed the development of the Ramona Corridor Bus Rapid Transit Feasibility Study and the El Monte Transit Circulator Improvement Study. Also managed the Downtown El Monte Shared Parking Demand and Metrolink Pay-For-Parking Study. Mr. Damien Arrula, Community Development Director Mr. Minh Thai, Planning Manager Ms. Gwynn Stevens, Transportation Manager Mr. David Gondek, City Attorney City of El Monte 11333 Valley Boulevard El Monte, CA 91731 CITY OF ROSEMEAD, City Wide Transportation Management Services Project and Funds Management/Commission Relations Evan Brooks Associates provides the City with on-call management of transportation projects and funds including funds from federal, state, Metro "Call for Projects", Safe Routes to Schools, transportation demand management, and project specific funding. The Firm's services also include project management and commission relations. DIVERSIFIED TRANSPORTATION SOLUTIONS 7 City of Temple City Request tor Proposals-Fixed-Route Transit Study Mr. Jeff Allred, City Manager Mr. Chris Marcarello, Public Works Director City of Rosemead 8838 E Valley Boulevard Rosemead, 91770 CITY OF BALDWIN PARK, Transit Center and Parking Structure Funds Management and Transit Planning/Project Management November 2012 Evan Brooks Associates is a part of the construction management team responsible for managing and monitoring federal transportation funding for completion of a four-level parking structure as part of a larger Transit Center in the downtown/civic center of the city of Baldwin Park. Additionally, the Firm is managing the labor compliance requirements, audits and reimbursement requests associated with federal funding. The Firm is currently completing the City's first Non Motorized Transportation Master Plan for the Downtown Baldwin Park region as well as the planning efforts for a transportation demand management project for a Smart Parking Information System. Mr. Vijay Singhal, Chief Executive Officer Mr. David Lopez, Associate Engineer Mr. Marc Castagnola, Community Development Manager Ms. Amy Harbin, City Planner City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 CITY OF REDONDO BEACH, Transit and Funds Management Transit Planning Evan Brooks Associates provided the City with interim management of Beach Cities Transit Operations including maintenance and management of FTA and Metro funds and acquisition of Metro "Call for Projects", AQMD MSRC, Metro Bus Operations Subcommittee and safe routes to schools funding opportunities. The Firm has managed and facilitated request for proposal processes for the contracting of bus operations services as well as completed the Bus Route Realignment Study of the BCT Express bus line to LAX. DIVERSIFIED TRANSPORTATION SOLUTIONS 8 City of Temple City Request tor Proposals -Fixed-Route Transit Study Ms. Gwendolyn Parker, Director Harbor, Business and Transit City of Redondo Beach Beach Cities Transit 415 Diamond Street Redondo Beach, CA 90277 CITY OF AZUZA, Funds Management and Transportation Planning Grants Acquisition and Funds Management November 2012 Evan Brooks Associates provided funds acquisition services for several federal, state and regional funded grants including Metro Call for Projects, Transportation Enhan cement Activities and FTA Transit Capital for the multi-storied Transit Center project. Mr. Tito Haes, Assistant City Manager/Public Works Director Mr. Israel DelToro, Senior Management Analyst City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 CITY OF HUNTINGTON PARK, Funds Management, Transit and Bicycle Planning Grants Acquisition and Funds Management Evan Brooks Associates provided funds acquisition services for the Metro Call for Projects regional funded grants including Pedestrian Improvement and Signal Synchronization projects. The Firm also provides bicycle planning consultat ion and planning. Mr. Rene Bobadilla, City Manager Mr. James Enriquez, P.E., Public Works Director Mr. Jack Wong, Community Development Director Cit y of Huntington Park 6550 Miles Avenue Huntington Park, CA 90255 DIVERSIFIED TRANSPORTATION SOLUTIONS 9 City of Temple City Request {or Proposals -Fixed-Route Transit Study November 2012 CITY OF PICO RIVERA, New Service Fixed Route Transit Study and Formation Planning Transit Planning Evan Brooks Associates provided transit planning services for the proposed Citywide Fixed Route Transit Circulator System Study, including fixed route planning, budget analysis and public and community outreach. The Firm also provided bus purchase coordination and administration for Metro grant funding. Mr. Jeffrey Prang, Assistant City Manager Mr. Ray Chavez, Transportation Manager City of Pico Rivera 6615 Passons Boulevard Pico Rivera, CA 90660 CITY OF ARCADIA, Transportation Funding Services and Corridor Planning Funds Acquisition Services Evan Brooks Associates provided funds acquisition services for the Metro Call for Projects regional funded grants including projects for regional surface transportation improvements along Huntington Drive. Mr. Phil Wray, City Engineer City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 DIVERSIFIED TRANSPORTATION SOLUTIONS 10 City of Temple City Request (or Proposals -Fixed-Route Transit Study RODERICK T. GOLDMAN President Diversified Transportation Solutions EDUCATION: California State University, Dominguez Hills 1990 -Master of Public Administration University of Southern California 1987 -B.S., Public Administration EXPERIENCE AND CURRENT RESPONSIBILITIES November 2012 Roderick T. Goldman has over 20 years experience in transit planning and development. Mr. Goldman provides an extensive understanding of transit planning issues from his personal background as a member of transit agency staff as well as consulting experience. This experience provides clients with a broad-based perspective in the development and implementation of their transportation plans, and a full understanding of the impacts of transportation issues to the entire organization and the community at-large. RELEVANT PROJECT EXPERIENCE: • Metro Rapid Operating Plan, Torrance Transit. Diversified Transportation Solutions was retained by Torrance Transit to develop a final operating plan for new Metro Rapid BRT service. The operating plan outlined the route network and operating schedule for Rapid service, including identification of bus stops and key activity centers to be served, vehicle requirements, and coordinated bus schedules for both local and Rapid service in the corridor. The operating plan also included estimates on operating costs and revenues, ridership, and recommendations for marketing of the new service. • Comprehensive Operational Analysis, El Monte Transit. Diversified Transportation Solutions, acting as a sub-consultant to Evan Brooks Associates, provided assistance to El Monte Transit in a comprehensive analysis of the performance of the fixed-route bus system. Services provided by Diversified Transportation Solutions in support of the project included an evaluation of the current performance of t he fixed-route bus network, including ridership and service performance analysis at the systemwide level, route level and trip level; and the development of recommendations to improve the efficiency, effectiveness and quality of bus service. Recommendations included the development of a two-phase operating plan designed to improve service quality within the existing operating budget by consolidating bus routes to reduce service overlap and eliminate unproductive routes, and recommendations for future service changes to provide bi-directional bus routings, implement weekend service, and operate additional DIVERSIFIED TRANSPORTATION SOLUTIONS 11 City of Temple City Request tor Proposals -Fixed-Route Transit Study November 2012 bus trips during school hours. New bus schedules were developed for all recommended service changes that maintained a series of timed-transfers and connections with commuter rail service at the El Monte Metrolink Station. • Line-By-Line Analysis, Montebello Bus Lines. Diversified Transportation Solutions was retained by Montebello Bus Lines to conduct a Line-by-Line Analysis of the performance of the transit system. The analysis was designed to assess bus ridership at the trip and stop level, conduct a market research survey on customer attitudes regarding bus and paratransit service and possible unmet needs, evaluate the operating performance of the bus and paratransit system, and develop service alternatives that could improve the efficiency and effectiveness of the transit network. • Comprehensive Operational Analysis, Omnitrans. Diversified Transportation Solutions is providing assistance to San Bernardino Associated Governments (SANBAG) as part of a consulting team in a comprehensive analysis of the performance of the Omnitrans transit system . Services provided include evaluation of current transit system performance, review and inventory of area transit facilities, evaluation of service policies and standards, customer outreach, and development of service alternatives. • Project Development/Management Crenshaw Transit Plus Corridor Leadership Council, Metro. Diversified Transportation Solutions is currently participating in program management for outreach activities associated with the development of the Crenshaw/LAX Light Rail Line. Services provided include research, strategic plan development, and technical advice on transit planning issues affecting the community served by the project. • Line-By-Line Analysis, Torrance Transit. Diversified Transportation Solutions was retained by Torrance Transit to conduct a Line-by-Line Analysis of the performance of the transit system. The analysis was designed to assess system ridership at the trip and stop level, obtain information on customer attitudes regarding transit service and possible unmet needs, evaluate the operating performance of the transit system, and develop service alternatives that could improve the efficiency and effectiveness of the transit network. • Limited English Proficiency Plan, Torrance Transit. Diversified Transportation Solutions, acting as Prime Consultant in association with Jeremy Bailey of Jeremy Bailey Consulting and Kam Research, was retained by Torrance Transit to develop a Limited English Proficiency (LEP) Plan for submission to the FTA. The activities conducted by the project team included the development of a comprehensive LEP plan which consisted of an assessment of demographic and language characteristics of residents of the TIS service area, development of GIS maps highlighting area demographics and the underlying TIS bus route network, a survey of bus operators regarding contact with LEP riders, and a four-factor analysis regarding the manner and frequency in which TIS interfaces with DIVERSIFIED TRANSPORTATION SOLUTIONS 12 City of Temple City Request tor Proposals -Fixed-Route Transit Study November 2012 the LEP population, and the procedures in place to facilitate their participation in the development and use of transit services. • Title VI Update, Riverside Transit Agency (RTA). Diversified Transportation Solutions was retained by Riverside Transit Agency to assist in the development of their Title VI submission to the FTA. The role assumed by Diversified Transportation Solutions in this project was to develop maps and charts that identify the demographic characteristics of residents of the RTA service area, review the service policies, fare policies, and operations of RTA service to determine if transit services are provided in an equitable manner, and to identify mitigation measures if it was found that transit services for minority and/or low income populations had not been provided in an equitable manner. • Title VI Update, Gardena Municipal Bus Lines (GMBL). Diversified Transportation Solutions was retained by Gardena Municipal Bus Lines to assist in the development of their Title VI submission to the FTA. The role assumed by Diversified Transportation Solutions in this project was to develop maps and charts that identify the demographic characteristics of residents of the GMBL service area, review the service policies, fare policies, and operations of GMBL service to determine if transit services are provided in an equitable manner, and to Identify mitigation measures if it was found that transit services for minority and/or low income populations had not been provided in an equitable manner. • Triennial Performance Audit, Santa Barbara County Association of Governments. Diversified Transportation Solutions assisted PMC in the assessment of the operational performance of transit operators in Santa Barbara County. The activities provided by Diversified Transportation Solutions included review of operational trends and reporting over a three-year period to determine compliance with TDA requirements, and development of recommendations to improve methods of monitoring performance and the structure of reporting required operational statistics. • Dial-A-Ride/Dial-A-Lift Consolidation Study, Humboldt County Association of Governments. Diversified Transportation Solutions assisted PMC in the assessment of consolidation options for demand response services in Humboldt County. The activities provided by Diversified Transportation Solutions included assessing the current performance of the dial-a-ride systems operating in the Greater Humboldt area, researching various organizational and operational models for demand response services across the United States, and outlining a set of performance criteria to be used to assess and compare potential performance of various consolidation models. • Expresslanes Congestion Relief Project, Torrance Transit. Diversified Transportation Solutions was retained by Torrance Transit to develop sample operating schedules and bus runs for the Expresslanes pilot project. Diversified Transportation Solutions developed routings for two proposed bus express routes operating between Torrance and Downtown Los Angeles via the Harbor Transitway (1-110). For each proposed bus DIVERSIFIED TRANSPORTATION SOLUTIONS 13 City of Temple City Request for Proposals -Fixed-Route Transit Study November 2012 route, operating schedules and operator bus runs were developed, including an assessment of the impacts to system revenue hours and pay hours. • Lennox Transit Needs Study, County Of Los Angeles Department Of Public Works. Diversified Transportation Solutions developed a transit needs assessment for several unincorporated areas of south los Angeles County. The study included a review of the transit services provided in the project area, identification of unmet needs and transportation options to meet these needs, analysis of the efficiency and effectiveness of existing County-provided fixed-route and dial-a-ride services, analysis of environmental justice issues, and the development of a transit service plan for the project area . • Short Range Transit Plan, Metro. Diversified Transportation Solutions assisted the Los Angeles County Metropolitan Transportation Authority (Metro) Transit Operations in the development of a Short Range Transit Plan (SRTP). The SRTP was designed to provide a multi-year strategic plan to improve transit quality, accessibility, cost effectiveness and efficiency. The role of Diversified Transportation Solutions was to coordinate with executive management on the development of key goals and objectives, outline bus/rail interface plans for new rail extensions, develop strategies and recommendations for improved service reliability, smart card implementation and market development, and to prepare a final SRTP document. Diversified Transportation Solutions also developed a capital plan for transit facility improvements at future transportation hubs throughout Los Angeles County, detailing facility requirements for bus bays, bus shelters, smart card readers, information kiosks, bicycle racks and lockers, and other passenger amenities. • Operations Planning Support Services, Washington Metropolitan Area Transit Authority. Roderick T. Goldman of Diversified Transportation Solutions was retained by WMATA to provide support to the Planning and Joint Development Department. The specific tasks performed by Diversified Transportation Solutions included an organizational assessment of the service planning and scheduling units to recommend ways to improve staff effectiveness, the development of implementation strategies for new Priority Corridor Network services proposed to serve the Washington D.C. metropolitan area, and training of staff in operations planning and scheduling techniques. • Service Enhancement Project, Torrance Transit. Roderick T. Goldman of Diversified Transportation Solutions assisted Torrance Transit in the development of a comprehensive Service Enhancement Plan. The primary objectives in the development of this plan were to improve network coverage, efficiently allocate resources, review opportunities for improved transit access, develop new services to expedite passenger travel across the South Bay sub-region, develop plans to implement a new Metro Rapid BRT route, provide convenient connections with municipal and region transit service providers, and to provide service in a cost-efficient manner. DIVERSIFIED TRANSPORTATION SOLUTIONS 14 City of Temple City Request tor Proposals -Fixed-Route Transit Study November 2012 HAL SUETSUGU Vice President Evan Brooks Associates Mr. Hal Suetsugu, Principal of Evan Brooks Associates, has extensive experience working with transportation funding and is known as one of the experts in the Los Angeles County area. He has additional grant acquisition experience in the water, environmental quality and the energy field. Mr. Hal Suetsugu will serve as project principal and has over 20 years of experience in regional and local transportation, redevelopment and land use planning focusing on strategic and legislative policy planning, funding and grants management, program and project management, public and community relations, public and private sector contracts administration, federal, state and regional agency liaison, government/customer relations and organizational and intergovernmental coordination. Mr. Suetsugu has successfu lly developed transit funding and finance studies for more than 10 Southern California cities including South Pasadena, Pica Rivera, Redondo Beach, Huntington Park and El Monte and obtained grants for more than 40 public sector projects within Los Angeles County, totaling more than $76 million . • Nineteen years managing transportation projects and administering public and private contracts. • Twelve years managing state and federal capital funds planning and strategic funds forecasting. • Ten years in local agency city planning, city commission liaison, grants management and administration activities. • Developing and maintaining interagency coordination. • Successfully obtained grants for more than 50 public sector projects within Los Angele s County, totaling more than $78 million. • Effectively working closely with funding agencies to develop competitive grant applications for his clients. • Serving as the former transportation deputy to Metro's Chairman of the Board. • Serving as senior legislative and funds analyst for Metro's Capital Planning department. • Well versed in government relations, liaison and advocacy at all levels of government, including agencies such as Federal Transit Administration, Federal Highway Administration, Federal Department of Energy, FEMA, Caltrans, California Energy Commission, California Transportation Commission, California Housing and Community Development, Southern California Association of Governments, Metro, SCAQMD, San Gabriel Valley COG, Southern California Edison, Athens Disposal and various local agencies. • Working closely with Federal, State, County and local legislative and technical staff in order to gain support for grant funded projects. DIVERSIFIED TRANSPORTATION SOLUTIONS 15 City of Temple City Request [or Proposals -Fixed-Route Transit Study November 2012 • Working closely with FHWA, Caltrans Local Assistance and Metro staff to successfully secure several federal-aid funding for various public works construction projects • Serving as the lead project manager for the administration and coordination of Federal E-76 obligations • Serving as the lead manager for State and Regional Memorandums of Understanding agreements for planning and construction projects. • Preparing and administering several federal, state and regional closeout audits for grant funded projects. JULIET ARROYO Planning Analyst Evan Brooks Associates Ms. Arroyo has over 20 years of experience in urban planning specializing in environmental review and compliance at the California and Federal levels for large and small, private and public projects. She has additional experience in transportation planning, historic resources, urban design, land use planning, public funding, and redevelopment. Ms. Arroyo has worked as a transportation planner and environmental specialist. She prepared the Citywide Parking Study for the City of Lawndale and was project manager for the City of Calimesa Circulation Element. She had monitored federal funding expenditures for transportation projects and has prepared "Preliminary Environmental Studies" pursuant to Caltrans requirements for over 30 transportation projects. She has written grants for transportation, environmental, and arts projects. She prepares environmental documents and prepares technical analyses for historic resources, land use, aesthetics, and transportation. She worked as the CEQA and Historic Preservation Planner for the City of Glendale and has processed development projects through the City's approval bodies. She has written municipal codes for historic preservation plans and inventive programs. She managed and conducted historic resource surveys and was staff for design review projects with impacts on older properties. She has received awards for her work in historic resources. She has also worked for developers and property owners processing projects through the entitlement process focusing on zoning, plan compliance, historic resources, and environmental review. She also serves as an architectural historian and has written books on the history of Glendale, California. DIVERSIFIED TRANSPORTATION SOLUTIONS 16 City of Temple City Request tor Proposals-Fixed-Route Transit Study SALVADOR LOPEZ Planning Analyst/Community Outreach Specialist Evan Brooks Associates November 2012 Mr. Lopez has over 14 years of experience as a city planner specializing in land use planning, urban design, smart growth, bicycle and pedestrian design and grants management. Mr. Lopez has worked as a Health and Built Environment Analyst. Through this position, he integrates health and the built environment to collaborate with city departments to ensure that cities see the benefits of working on long term planning to address economic and development challenges that affect public health and the built environment. He works to ensure long term sustainability of the community and to engage residents and stakeholders. He has been instrumental in the passage of health driven policies including smokefree multi-family ordinances, tobacco retail licensing, healthy retail guidelines, healthy vending polices and Complete Streets. Mr. Lopez has been an integral component to creating walkable and healthy cities. Under his leadership and supervision, he successfully mobilizes resident and stakeholder groups to participate in advisory committees and community workshops in preparation of and involvement in the passage of city programs and policies. He works closely with local elected officials, school districts and community/advocacy groups to collaborate on programs and policy initiatives that provide further awareness and advocate for expanded and strengthened policy changes that affect health and the built environment. MELISSA SANDOVAL Administrative Analyst Evan Brooks Associates Ms. Sandoval has worked on over 25 grants funded projects from initial obligation to final audits and closeouts. She oversees the funding process and charts requirements and obligations. She prepares funding documents and submittals and tracks projects throughout the process. DIVERSIFIED TRANSPORTATION SOLUTIONS 17 City of Temple City Request [or Proposals -Fixed-Route Transit Study November 2012 Kam Research Profilr SPlct'lrd f~>t'rif'ntv· KRISTJ:::N KAM, <:hmcr l"niwt!>it~ oC C411ifomi.a ~ :\ngt·lt-s. llarhdur or 1\riS. F..t'Onomks 20o.a )Is. J.:am h,s OHT four Yl"U5 or pmf~liioMI o:pcrknn-in lb<· en\ironmcnlal and lramportation planning field. Six.-bas parlicifalccl In the production of numc:-rous t-n\ironmcntal amllmruportation planning documrnts Jll't'Jlfti'C'I for trat~JIOrlAtion ngE-ncif'S: ho~ing. rommt'T'rlol. anrl ml\:l'd-uM' projN'L-. within <:aliromi.a, T!'XM. and c:m'ltia- Ms. Kam !lpec.ialltt'S In p<-rronnlng GIS ma)Jillng nnd analys<"S for rm·ironmeotnlnnd lnii!SJ)()riJition noports. Sp('('ilitnll~-. ~L ... K.nm h11s 11Sf'd trnn."'JIOrtlltion, l iS <'.ensus, TlGt::R. and lAnd ll-."0<' datA to pn.1Jnrt-spatial IIIIJII}'.st<S-\\'ilh lllblt'll 11s SUJIJKlrt-for lupio. suc·h us dcmo~:rnphic:. JlrOJ'It"rly displarement landmc:. 11nd transportation. Ms. Kam is odC:Jll at uUiiling SQLjl\lS Acn'SS dutabas<- rn\ironlll('nL"i to t'l'('lll<'. Dll\llipulu.te. and mnnttgr Jargr sriS of 1<1bulnr nod GIS clalll. Additionally, Ms. ~m is o:prric:nl'Cd lo the pJl1larution of C..EQA/NEPA dOC'Umc-nt.otion t'\·aluntlng projed impacl!i upon to the topics or En\ironmcnllll .JusU('(' poptdnlions. l'ublic Ser\inos. tTIUltit"t> k Scn·lre Systt•ms.. and Rf>(-rra tion. Pritlr to estaWlsbing ~<:am Rrsc'an'h. 1\ls. "-em was wwer 11M' emplo~ of Tf•rry A. Jtayt'S :\Mociales. U.C IT AHA) from Sl.'ptemtx>t :1(107 In .lull(' 21111. S}l(> wa!i respon!iihlf. for J'IN'Illring air qua lit}'· rnvironnwntal justin•. utilitinl k fil'l'\in.-S)'Strm.o;. publi<-SE'l'\i('('S. nod I'N'N'IIIion anai)'M'S for CF.QA~EP.o\ prujt'<'b. Alaml!d•Contra <mea l'rBn-'1111 l)lstrirt (AC Transit) •n.t Bay BRT ProjN1 Air Qwllity lmpad Rcpmi. ~Is. Kam usN) Lht' W~QIIC CO Hot Spot Anal.>-sls modt"l to 1'\'BlUAir 00 imp~cts of tlK> propost'd AC BW> Transit St-1'\i('(' !rom Do\\liiO\~ll Berkel(')' through Do~1ll0\\1l Ollkland 11ntl Sen l..nmdm. The-proposNI projM'I would lnvoh'f' thr ronsm1Nion ofhtL'ilnni:'S and DRT st.atioru; on 11rtrrL,I Sl.rt't<l!i in the dlil'S ofBcrkt'ltoy. Oakland and Sen u'ltndru. Tiw {nlt'n\ or tltc propt~!oed projt!t'l Is to llchll'\'t' the s}X't'd and telilllllllty of rail using low(·r <'OSI bUS($. Th<' Air quality analyr.is foolS('(} on air quality oonfonni~· \\ilh f<'th•rnl gnJdelin(>S and PM:..: rmissioos. ,Jordan Downs Spc-dBr. Plan 1-:lll. Ouring h1'1' lt•nurc: at TAHA. M!i.l\ftm Jl"'Jlll1t'tl tlw Publlr &-niri:'S. Rrcrrntioo. nnd lllilitlrs k ~1'\"ir.t' Sysll'nl.S st'COODS, DS \\\'ll as lllAnAg<'tJ all GIS niiiJlJiing and IIIU1l)1ical \\'Ork. for the Jordan Downs Spcdfk Plan ElR. The .k>rdau Downs Specifir l'lnn Em was pl'('pnft'd in mnnf'l'tion \\ith thr Hou!ling Authority Qf thr. C'ity or IDS Angclt"S (HA<:I.A)'s rt'dC"\'f'lopmml piAn (sprrific plan) of Jordan Downs. Currt'nlly. Jordun Downs provides 700 housing units for nppro.~malt'Jy 2.300 residenlo; on .W-4 IICI'eS of ltmd. The propo6€'d rroC\·elopmMII of ,Jordan ()C)wM \\~llld inrJlJde II ODE'-for- 00(' f'('J>lncml('flt of lh<" t'Xi5ting housing unil!'l aod an rxp:tnsion to a<'rol1lJI'Iodate an additional 1400 bo~ing unlL'> on the exh.Lio~ propc:rty and 21 acl't'S of Count)· of Los An1Wit.'!1. land that willlx-anne«d to till' City of Los ADgelrs IS ()llrt of Lhr proj!'t'l. Los An3eles County MC'U"ofMlUlao Transportation Authority (Mt1ro) Cn-mllD"'/LAX Transit Corridor DraA and Final •:.n\ironmrntallmpiiC"t .stalnnMlt/F.mironmrntallmpart hport (EIS/Elll). Durinx lk'r It-nun• at TAll:\. M~. Null )lto\idt<d GIS mapping &nd analysis.SUJ>J.IOrl to IlK' produrtion of tht> Draft 11nd t--mal 1-.:IS/ElR. )Is. Kam perfomltXI a drmographir analysL" of tbl' propor;<'d project hr mapping I' J\. C.c'n!ruS 21>00 dnlA and idmti~ing drmogr•pbk gmups \\it bin th<- \icinity of proposl'd stallons that woulti!Jt' 5tdJjcctto an Emironmental JusHC<' atu~lysil.. ln ad.diUon. ~Is. Kammappt'd in t\rc:GIS e'Xlstiog land U:Sf'S. srismk haurd!i. and nir quality and not~ liffiSiti\'1' re('(')lto~ \\ithin thr stud~· area and/or \idnity of proJIOiil<tl stations. The Crmsh.aw Transit C'<midor induclcs a propos«! north-50ulh tnlo11it rout«> thAt lul11 iL" southern tt'mlinus at tht• ML'l.ru Gnocn Line and foUows the Harbor SulJdl\islon Rnilru11d riJ#-of·WII)'. adjacrnl to A\iAtion BouJ<"\·ard/Florence Avenu~ and continues nortbwt'St. along Crenshaw BouiC'Vard rlght-of-wJ~y where It would terminntr at t!K> Melro E.\l)osition/CreosbawUjht It-11.1 Station, City of M.ontdN"Ilo lk-partmc-nt o('l'mntlport.ntion Line-By-IJnt' AnaJ?wb ofl'r·an!¥11 Srniors oud Mruicet Sun~~·-Ms. KAm collaborated with a pro]t..'ct lt"am led by Roderldc Goklman of Di\'eJSifit'IJ Tra.nsporllltion Solutions. to pro\idt> GIS mapping and lllllll~-sl.'l for liM-reporfs b~ I~ hDilrdin~/aligbtings, trip Dllm('lor & tnwrl paiiC'm, nnd linguistic 1\nlll,}'R'S. Thr City or Mont~llo Dt-parlm('bl of Transportation oprralt's 1 fw.-d-ruute bus St't\'k"C (Montt'bdlo Bus Unc:-s) in lhc.• Oty of Moowbello and surroundiQ3 oommunilifs \\ithln tbt> Western S.n G11brirl Valle,• .l\ml. Thr lln~By-UI)(' Analysis of Transit S!-n-kr-5 11nd ~IArkrl Sul'\T)" wu prcp~n-d to pn:Mdr ~tonlrbtilo Uus Uncs a mmprcbcnsi\-c rnicw of opm~tions of cxistln,; fu:rd·ro~. dial·a·l&.ti. and 1\tontdx-Uo llnl: scl'\ia:s and prmide l'('()(lrumt'ndations for sel'\-IC"t' imi>I'O\'t'mentr. O\'t'f a lhrtoe-~l'ar f)eriod, Mt>tro R~ C'.onJK"dor lh'ftft amd 1-lnal EIS/EIR. t TAt-It-\. M . Kim ls.<~islrd in the prt'(l3ralion of the-displll't'roml anal)~ of thr L)ran and t-inal t:IS/fiiR hy mapping and idrntif)ing propmit's lhat rould polt'ntially bt-dlsplared b) tbt> proposed proj('('L Ms. Kam ua'tl Arcl\lap ao 1.0 pcr{Qrm ao 0\'crllly ana~-sis by lllllpplng Los Angelt-s Coonty Pam'l Boundary AAd propcliS{'d projC"Ct alignDlt"nl dAta In ddrnnlnc the properties thal rould potentially he displaiX-d by tlt!' propotit'tl projm. DIVERSIFIED TRANSPORTATION SOLUTIONS 18 City of Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 Language NETWORK. INC. Alisa Perez-Evans. President/Founder Char1ie Evans. COO Company History Established in 1991 in Irvine, California, Language Network began as a minority female sole proprietorship. Our commitment will always be to provide the best interpreters. the highest standard or quality. personal service and on-schedule delivery for each project at a reasonable cost. Our years of experience in translation, interpretation, project management. interpreter and translator training and education, and as multi-cultural communications consultan1s assure our dien1s of the highest level of quality and service in the industry. Language Network incorporated on October 1, 2008, and is under the leadership of Alisa Perez-Evans. President & Founder. and Charlie Evans. COO. Language Network. Inc. is an industry leader providing services in over 100 languages and dialects, including sign language. Our team of language professionals indudes over 3000 interpreters and translators available throughout California and more throughout the US. The Language Network team is comprised of highly skilled sign language interpreters. qualifie<l and certified interpreters, accredited translators, edi1nrs and proofreaders specializing in over 1 00 languages. Interpreting services are provided for court hearings, legal proceedings, insurance statements. medicals. telephone communications. business meetings. conferences, school districts and city governments. We have established a reputation for being an excellent translation company, as well, due to our high commitment to accuracy and quick tum around times for documents. Some examples of translation services are: websites. business letters. employee manuals. sctlool transcripts and special education documents. newsletters. and election material for city elections. Language Network is currently certified as a Cslifomia Small Business and is in the process of being certified, also. as a minority female--owned business . . DIVERSIFIED TRANSPORTATION SOLUTIONS 20 City o[Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 PROJECT APPROACH The City of Temple City is a suburban community of Los Angeles County located within the San Gabriel Valley. Over the past several years, the city has undertaken strategic efforts designed to improve the organizational performance of the City's policymaking and administrative structure, and to enhance the services provided to city residents. As part of these efforts, one of the key goals city staff has identified is the development of a multimodal transportation network that would increase local mobility and connectivity with other transportation networks, support economic development in the city and promote sustainability activities. Temple City presently operates local Dial-A-Ride service for city residents with limited mobility, and the regional fixed-route transit services are provided to the city by Metro and Foothill Transit. At this time, City staff would like to assess the potential for development of a local fixed-route transit system, and is seeking the assistance of a consultant in this endeavor. In response to the City's request for assistance, Diversified Transportation Solutions and its project team, Evan Brooks Associates/Language Network and Kam Research, propose to undertake a comprehensive assessment of the environment for transit service in the City of Temple City to evaluate the feasibility of operating fixed-route transit service in the city. This assessment will include stakeholder and community outreach, identif ication of potential costs and sources of revenue, coordination with local transit operators, and the development of an operational plan that fits within the financial capacity of the City. Our project team includes experts in transit service development, transportation financing, community outreach and GIS mapping. Specific activities to be provided by the Diversified Transportation Solutions team include the following: • Identify existing conditions for transit service development; • Identify potential sources of funding and revenue streams that could be used towards transit operations, maintenance and the procurement of capital assets; • Develop a financial plan that will outline the capacity for transit operations; • Develop recommendations for a fixed-route transit network and resource allocation that would result in efficient and effective system performance; • Conduct outreach to residents to identify transportation needs; • Identify marketing and outreach efforts to build ridership; • Participate in meetings and presentations concerning service development. The project duration will be approximately four months, with work expected to start in January 2013 and be completed in May 2013. DIVERSIFIED TRANSPORTATION SOLUTIONS 21 City of Temple City Request tor Proposals -Fixed-Route Transit Study November 2012 SCOPE OF WORK Task 1-Project Initiation and Data Collection Within five 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 consu lting team and city staff will discuss the following: • Goals and Expectations for the Project • Review the Project Plan and Scope of Work • Identify Key Contact Persons • Progress Reporting Procedures • Approaches for Obtaining Public Feedback • Finalize Project Timelines, Deliverables and Due Dates The Project Team will document any modifications to the Project Plan that are agreed upon by the consulting team and city staff. During the kick-off meeting, the Project Team will provide city staff with a listing of relevant documents, reports and data that will be useful in identifying current and future policies and activities that would potentially impact transportation in Temple City. The documentation will include reports prepared by city staff such as the city budget, General Plan, Downtown Parking Study and Downtown Specific Plan. Our 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 agen cies to gather ridership counts at local bus stops, to identify transit trip generators and assess future regional transportation plans that could impact Temple City. After the kickoff meeting, the Project Team will participate w ith Temple City staff on a field tour of the project area to review local activity centers, destinations and potential transit trip generators that could be served by a new fixed-route transit service. We will document information provided at each site by city staff and local residents and businesses, and take photographs of significant features and details. The information collected during the field tour will be included in a technical memorandum to city staff. Within five days of the kick-off meeting, the consulting team will forward the technical memorandum to the Temple City project manager summarizing 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 t rack and maintain the schedule: DIVERSIFIED TRANSPORTATION SOLUTIONS 22 City of Temple City Request for Proposals-Fixed-Route Transit Study November 2012 • Conduct weekly meetings with the consulting team regarding the status of tasks, identification of issues, and progress on overall work products; • Provide Temple City staff with monthly progress reports 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 report 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 De/iverables: • Final Project Plan • Data Request Memorandum • Technical Memorandum with Minutes of Kick-off Meeting and Field Tour Findings • Monthly Progress Reports • Monthly Status Meetings Task 2-Existing Conditions Analysis Using the information collected in Task 1, Diversified Transportation Solutions and Evan Brooks Associates will review all documentation provided to develop an analysis of the existing conditions for transit in the City 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 2010 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 of Temple City. • Assessment of area travel patterns derived from area transit providers and 2010 U.S. Census data. • Information collected from discussions with local and regional transit providers including Metro, Foothill Transit and Montebello Bus Lines. • Findings from a field assessment of local activity centers related to the potential for passenger access and bus stop placement. • Review of current sources of funding in the City of Temple City budget that are used or could be used for transit services. DIVERSIFIED TRANSPORTATION SOLUTIONS 23 City of Temple City Request tor Proposals-Fixed-Route Tronsit Study November 2012 Through our analysis of the existing conditions for transit service, our team will be able to provide city staff with an existing conditions analysis that will identify if the environment exists for development of a successful transit operation in the city, and specify a path forward towards the development of a fixed-route operating plan. Task 2 Deliverables: • Existing Conditions Analysis Report Task 3-Community Engagement Meeting the transportation needs of the local community is the essential component in the development of a transit service plan. It is, therefore, critical to identify and fully understand those needs. By doing so, this allows the transit provider to focus their often limited resources on those segments of the community that can receive the most benefit from the provision of transit services. To accomplish this task, Evan Brooks Associates will lead the community engagement effort by coordinating meetings directly with residents and key community stakeholders and surveying residents and businesses to obtain feedback about their transportation needs. This process will gather important information, such as the types of trips made by residents, the locations residents travel to and from, the times of day in which transportation is needed, and viewpoints on whether a city-wide fixed-route transit system would meet these needs. This process also ensures that the public is fully engaged in the planning process and can fully participate in building consensus on service planning strategies. • Conduct Public Workshops Evan Brooks Associates will coordinate with city staff in scheduling two community workshops and the locations where they will be held. Evan Brooks Associates has very effectively facilitated stakeholder workshops and presentations for small and large gatherings, and will facilitate the two community workshops. To increase the potential for attendance it is suggested that at least one workshop be scheduled in conjunction with a regularly-scheduled community meeting or community event. Evan Brooks Associates will develop notices and supporting materials to notify local residents of the purpose, times and locations of community workshop, and will work in coordination with city staff to develop a list of local stakeholder to request their participation in the workshops. Evan Brooks Associates, in association with Language Network, will produce presentation materials (maps, notices and handouts) for the community workshops in English, Spanish and Chinese languages. During the community workshops, the consulting team will provide the public an opportunity to provide input on their transportation needs, travel patterns and major travel origins and DIVERSIFIED TRANSPORTATION SOLUTIONS 24 City of Temple City Request for Proposals -Fixed-Route Transit Study November 2012 destinations, recommendations on routings and bus stop locations, and the overall demand for local fixed-route transit service. The community workshops will be facilitated in English with interpretation in Spanish and Chinese (Mandarin and Cantonese). The verbal and written comments from these workshops will be compiled and included in a technical memorandum. • Community Survey Evan Brooks Associates will work closely with City staff to develop and administer surveys to Temple City residents to identify current opinions regarding the demand for the establishment of city-wide transit service, to identify unmet transit needs and travel patterns, and identify major travel origins and destinations. The survey instrument 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 will allow for the survey to be conducted both in a paper version as well as via the Internet. Communication cards will also be developed for distribution to the community that contain a QR (Quick Response) Code that will 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 will conduct surveys during at least one community workshop to maximize survey responses. Written and online survey results will be collected, analyzed and summarized, with comments received from the surveys used in the development of transit service alternatives. Task 3 De/iverab/es: • Stakeholder list • Draft and final survey instrument • Workshops presentation materials • Workshop sign-in sheets • Technical Memorandum summarizing input from stakeholders and residents received during the community workshops and community surveys. Task 4-Develop Operating Plan In Task 4, Diversified Transportation 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 Conditions analysis, input from community stakeholders and city staff, discussions with area transit operators, and first-hand information gathered from field reviews. Our approach to the development of service alternatives focuses on three interrelated components: Transit Network Design, Resource Planning and Implementation Planning. A description of each activity is briefly outlined below. DIVERSIFIED TRANSPORTATION SOLUTIONS 25 City of Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 • Develop Network Strategic 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 structu re 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 strategic design plan 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 for 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 bus 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 bus 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 amenities, and the possible impacts of these amenities to the aesthetic character of the su rrounding neighborhoods. Rod Goldman of Diversified Transportation Solutions has extensive knowledge of the existing transit network in the Temple City area, and has worked closely with staff from area transit agencies over for the past 20 years, including Metro, Foothill Transit and Montebello Bus Lines. In the network planning process, we will meet with representatives of each agency to discuss coordination of bus stops, impacts to existing ridership and revenues, and methods to develop an integrated transit network in the Temple City community. Evan Brooks Associates have strong ties with the surrounding local jurisdiction as well as with the County, Metro, Foothill Transit, as well with bus manufacturers and bus contract operators. In addition to providing community relation and outreach support, EBA can provide City staff with government relations, advocacy and outreach to the transit related communities. Transit mapping and display presentations will be developed by Kam Research utilizing ArcView GIS mapping software. The maps to be included in the operating plan will indicate existing transit services operated within the city, major activity centers, and the recommended fixed- route network, including bus stops and transfer connections with other transit operators. DIVERSIFIED TRANSPORTATION SOLUTIONS 26 City of Temple City Request for Proposals-Fixed-Route Transit Study November 2012 • Develop Resource Plan The Resource Plan identifies the resources required to operate service. The Resource Plan will address the following elements: • Outline of the operating parameters for new fixed-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 baseline 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 stakehold ers and service levels of surrounding 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 miles, vehicles, and operators required to operate transit service. • Estimation of boardings per vehicle hour, operating costs and projection of passenger revenues for each proposal. • Recommendations on the types of transit vehicles best suited for transit service. • Possible impacts of student demand on passenger capacity and service efficiency. • Requirements for operating facility infrastructure including vehicle storage, fueling types and fueling locations. • Cost comparisons for vehicle purchase or leasing. • Develop Implementation Plan Diversified Transportation Solutions will prepare an Implementation Plan which describes the impacts of service implementation, outlines key issues that should be addressed prior to implementation, establishes an implementation schedule, provides a timeline for implementation of key operational elements, and identifies elements that need to be in place for successful service operation. The implementation schedule included in the Implementation Plan will ident ify key service components such as the lead time required for vehicle procurement and bus stop placement, identification of actions requiring City Council approval, procurement of a contractor to administer and operate transit service, and timelines required for bus operator hiring and training. DIVERSIFIED TRANSPORTATION SOLUTIONS 27 City of Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 Task 4 Deliverables: • Draft Alternatives Analysis Report summarizing the recommended fixed-route transit operations plan. • GIS maps highlighting activity centers, existing and proposed route network and bus stops Task 5 -Identification of Funding Sources Evan Brooks Associates will identify and profile all local Proposition A and C funding, as well as regional, state, and federal funding sources avai lable for fixed-route transit services. Evan Brooks Associates will also identify potential grant sources by funding objectives and financial resources available to transit projects. In addition to transportation funding sources, other sources will be identified such as sustainability, environmental and air quality funding. Evan Brooks Associates will develop of matrix table listing the available funding sources for fixed- route se rvice operation with the requirements and considerations for each. This assessment will provide a financial baseline from which to evaluate transit operations and highlight possible gaps in funding. Based on the assessment of potential funding sources for fixed -route service, Evan Brooks Associates will develop a Financial Plan which will highlight the revenue streams available to fund transit operations, and the major expenses required to finance daily operations and to maintain and improve the capital infrastructure. The Financial Plan to be developed by Evan Brooks Associates will outline the budgetary implications for transit operations, capital planning and marketing efforts over a five-year period of initial operation. The Financial Plan will provide information necessary for policymakers to determine the financial feasibility of Temple City fixed-route transit service within the context of the Network and Resource Plans. Task 5 Deliverab/es: • Technical Memorandum identifying potential funding sources and financial projections. • Matrix outlining potential funding sources, acceptable uses for funds and likelihood of funding availability. Task 6-Marketing Opportunities Evan Brooks Associates will review and identify potential marketing and outreach opportunities that could assist in attracting and growing ridership for a new city-wide fixed-route transit system. The marketing and outreach assessment will review programs and approaches used by local and national transit providers and will include the following elements: • Identification of methods to attract ridership including strategic partnerships with local and regional businesses, reduced fare promotions, access to real-time transit schedules, DIVERSIFIED TRANSPORTATION SOLUTIONS 28 City of Temple City Request for Proposals -Fixed-Route Transit Study November 2012 and interagency transit services agreements for transit pass and fare programs such as the TAP program and interagency transfers. • Identification of potential private revenue sources that could re duce the City's operational and capital expenses including on -bus advertising for local bu sinesses and bus wraps and outside graphic advertising. • Identification of cross-jurisdictional marketing efforts to work with adjacent cities to develop efficient route usage and marketing efforts. Task 6 Deliverables: • Technical Memorandum identifying potential methods to enhance marketing and strategic partnerships Task 7-Develop Draft and Final Reports Diversified Transportation Solutions will prepare a draft Transit Service Plan for review to the Temple City project manager approximately 4 months after receiving the Notice to Proceed. The draft Transit Service Plan will include a summary of task findings, the results of community and stakeholder outreach activities, and recommended transit service alternatives. A total of one (1} report document in hard copy and one (1) electronic copy in CD format will be submitted to Temple City staff. Diversified Transportation Solutions will make an oral presentation regarding the findings and recommendations included in the draft Transit Service Plan to city staff. Approximately two (2} weeks after review of the draft Transit Service Plan, Diversified Transportation Solutions will prepare and submit the final Transit Service Plan to the Temple City project manager. The final Tran sit Service Plan will include all of the information included in the draft Transit Service Plan, as well as any modifications requested based on the review of the draft Transit Service Plan by city staff representatives. A total of one (1) report document in hard co py and one (1} electronic copy in CD format will be submitted to Temple City staff. Diversified Transportation Solutions will make an oral presentation regarding the findings and recommendations included in the final Transit Service Plan at a City commission meeting and to the Temple City Council to answer questions and comments associated with the City's consideration of plan approval. Task 7 De/iverables: • Draft Transit Service Plan • Final Transit Service Plan • Oral presentations to Temple City staff, one city commission and the Temple City Council DIVERSIFIED TRANSPORTATION SOLUTIONS 29 City of Temple City Request tor Proposals -Fixed-Route Transit Study November 2012 TEMPLE CITY AXED ROIITI TRAHSrT SYSTEM NEEDS ASSESSMENT AND PLANNING STUDY r-rumo ltMPll 0TY FIXID RoUTt TIIAHsrT STUDY Dcr."l2 _.Ati_:U __ ~I!·IJ -".!M .. :!3 ~I] _!.lrj.}l_ Tod J • ProjtN lnlltoCion ond Dolo Col~ --K;dcoff M«nnv • 1tnlt1 hlsfJ"9 CcmditloJ!s Ana !\~so< I oJk J ·Commu,crv Efl9011~t Ttnk 4 • Dtvt/Op O~<f1[{ng Pkm To•k 5 ·ldt:nlc[m>ricn of Fur>diflg Sourus feu• 6 • Mori~llf19 Opportunmtn rtn• 7 .. Df!wlop Droft oDd Rn!Jl ~oru -Prr<~nroiJDII/o City CouncJI • OIVERSJREO TRANSPORTATION SOLunDNS DIVERSIFIED TRANSPORTATION SOLUTIONS 30 City of Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 (This page intentionally left blank) DIVERSIFIED TRANSPORTATION SOLUTIONS 31 City o(Temple Citv Request for Proposals-Fixed-Route Transit Study November 2012 PRICING SCHEDULE Diversified Transportation Solutions proposes a project budget of $39,850 for all activities associated with the Fixed Route Transit Study. This cost includes all staff and direct costs related to the project. The details of the proposed project budget are included in this section. DIVERSIFIED TRANSPORTATION SOLUTIONS 32 City of Temple City Request tor Proposals -Fixed-Route Transit Study November 2012 (This page intentionally left blank) DIVERSIFIED TRANSPORTATION SOLUTIONS 33 ~ c ~ .0 ~ Q) > ('tl c 0 :;:; c Q) ..... c Q) 00 ro a. VI ..s::: !::. City of Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 ACCEPTANCE OF CONDITIONS Diversified Transportation Solutions has reviewed and accepts all conditions included in the Request for Proposals document issued by the City of Temple City . DIVERSIFIED TRANSPORTATION SOLUTIONS 31 City of Temple City Request tor Proposals-Fixed-Route Transit Study November 2012 (This page intentionally left blank) DIVERSIFIED TRANSPORTATION SOLUTIONS 32