comfortable and clean working order. Contractor at its sole cost and expense, shall provide all repairs, parts, lubricants and supplies required for operation of the Transit Service vehicles.
a. Contractor shall ensure that adequate preventive maintenance is in place at intervals recommended by the Original Equipment Manufacturer to forestall the need for major repairs. Contractor shall have the facilities and personnel to provide all routine repairs, although sub-contracts for bodywork or selected major repairs are acceptable. Maintenance records shall be maintained and kept current and submitted with the Contractor's monthly invoice to the City.
All vehicle repair or maintenance work must be performed or approved by a certified vehicle mechanic. Contractor personnel must have the ability to repair or to procure service for accessory equipment such as, but not limited to, fare boxes, radios and lift equipment.
b. Contractor shall provide the services of a qualified maintenance manager.
This individual may be the lead mechanic. The Maintenance Manager shall have a minimum of three years journeyman level experience, including experience working on transit-type vehicles and experience in directing the work of other maintenance personnel.
c. CHP Terminal Yard Inspections. Contractor shall obtain satisfactory ratings from the California Highway Patrol Motor Carrier Safety inspectors on its annual terminal inspection and certification process, pursuant to the California Vehicle Code (Section 34501 (c) and (e). Contractor shall provide City with a copy of the inspection certification and documentation of the repair or replacement of any items so cited within thirty (30) days of receipt from California Highway Patrol. Contractor shall notify City within twenty-four (24) hours of an "unsatisfactory" rating. In the event of such a rating, Contractor is required to undertake actions necessary to obtain a "satisfactory" rating within thirty (30) days and to be responsible for scheduling a repeat inspection with the California Highway Patrol.
d. Safety Inspections: Contractor shall perform daily safety inspections of all Transit Service vehicles prior to beginning each day's service. Transit Service vehicles failing the daily inspection shall not be used in service until the reason for failure is corrected. For passenger comfort, the heating and air conditioning units of all vehicles shall be kept in proper working order. e. City may inspect Transit Service vehicles at any reasonable time and may bar a Transit Service vehicle from a service until any identified problem is corrected. Contractor may be required, at Contractor's expense, to transport the Transit Service vehicles to City's designated inspection facilities.
Contractor is required to replace all Transit Service vehicles taken out of service with similar-type, unmarked vehicles to mimmize service interruptions.
f. Wheelchair lifts and ramps shall be fully operational whenever a Transit Service vehicle is used in Service.
g. Vehicle Cleaning: All Transit Service vehicles shall be cleaned throughout, both inside and out. Transit Service vehicle interiors shall be cleaned prior to each day of service, including daily sweeping and wiping of surfaces as required. Once weekly washing of interior sidewalls, floors, seats, handrails and stanchions, and inside windows shall be required. Interior of Transit Service vehicles shall be cleaned sufficiently that they are odor-free, as determined by City in its sole discretion. A biological hazard clean-up kits will be available on each bus for incidental cleaning of human bodily fluids and solids. Vehicle exteriors shall be washed at least once weekly or more often if needed. Contractor shall maintain an up-to-date record of all washings and major cleanings. Said record shall be made available to City upon request. h. Transit Service vehicles may be removed from service upon request by City for unacceptable interior or exterior appearance or unacceptable odor.
1. Graffiti: Graffiti shall be removed from Transit Service vehicles daily.
J. Physical Damage: All physical damage to Transit Service vehicles shall be repaired within ten (10) working days of occurrence in a high-quality manner, regardless of cause. Any extension of days required for repair must be authorized by City.
k. Security: Contractor shall provide for sufficient security at Contractor's yard in order to ensure adequate protection of the Transit Service vehicles in use for this Agreement.
K. Americans with Disabilities Act
Contractor shall assist City in fully complying with the Americans with Disabilities Act of 1990 as it relates to the delivery of Services set forth in this Agreement.
L. Customer Complaints
Customer comments/complaints received by City shall be transmitted to Contractor for responses, within forty-eight ( 48) hours. Complaints received directly by Contractor shall be similarly documented. A monthly report shall be transmitted to City for review within 10 days of the month end. If City receives two or more verifiable customer complaints on the same driver within one quarter, City reserves the right to request that the driver be removed from providing Services under this Agreement.
M. Accident, Incident and Emergency Procedures
a. Accidents or Incidents. Contractor shall have an accident/incident and emergency notification program that keeps City notified of accidents/incidents or emergencies and the progress of claims to assure City that claims are promptly and fairly handled. All accidents must be reported to City by telephone within three hours or at the beginning of the next business day, if the accident occurs at night, and in writing within 24 hours. Incident reports filed by drivers must be provided to City on, at minimum, a once weekly basis. b. Emergencies. Contractor shall comply with all local, state and federal disaster preparedness and emergency preparedness and response standards, procedures and protocols, including, but not limited to, those which may be established by the State Office of Emergency Services (OES) and the Federal Emergency Management Administration (FEMA). Contractor shall be familiar with the Incident Command System (ICS), and, if requested by City, and at no additional cost to City, Contractor shall cooperate with, and participate in, any disaster/emergency response exercise scheduled by City. Any request for Contractor to participate in such an exercise shall be made in writing at least thirty (30) days prior to the scheduled date of the exercise. Within sixty (60) days after the effective date of this Agreement, Contractor shall submit to City for review and approval its Emergency Response Plan of operations. c. In the event of an emergency or natural disaster, Contractor shall make available, to the maximum extent possible, transportation and communications services and facilities to assist City in ameliorating such incidents. To the extent City requires Contractor to provide such emergency services and facilities, Contractor shall be relieved of the obligation to fulfill the duties and responsibilities to operate the Services set forth in this Agreement. Further, Contractor shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Contractor and City following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. Training of personnel in emergency procedures shall be the sole responsibility of Contractor and shall be included in the new hire and monthly safety meeting training program.
N. Records and Reports
City will work closely with Contractor in monitoring use patterns and the viability of the Fixed Route schedules. Changes to the routing and/or scheduling, as it relates to improving the quality of local services and potentially connecting with regional transportation services, may be anticipated and will require the cooperative efforts of Contractor and City.
Monthly reporting by service type and route to City shall include, at a minimum, but not limited to:
• Total Passengers - number of riders (noting fare type, free boarding and transfers for
in-service Transit Service vehicles, system wide and by route.) • Passenger Boarding on the Lift - system wide and by route. • Total Vehicle Revenue Hours - number of hours Transit Service vehicles are m revenue operation, system wide and by route
• Total Vehicle Hours - including deadhead, system wide and by route. • Total Vehicle Revenue Miles - number of miles Transit Service vehicles travel in revenue service, system wide and by route.
• Total Vehicle Miles Report - detailing revenue service and deadhead mileage (to include training, maintenance or other mileage), system wide and by route or service type.
• Total Revenues Collected - total cash fares collected from passengers and total noncash fares recorded, system wide and by route. • Total transfers issued for Fixed-Route- by fixed-route mode only. • Total transfers received for Fixed-Route- by fixed-route mode only. • Total Accidents and Road Calls -All types.
• Passenger Use of Bike Racks-Fixed route, system wide, and by route. • Late Loops and Missed Loops per Billing Period - Fixed route mode and by route. • No-Shows, Cancellations and Trips Completed - Demand response service and by mode.
• On-Time Performance - sample from each route of at least five time checks per route per reporting period, reporting percent of time Transit Service vehicles are at time points zero minutes early and up to five minutes late of time points checked. • Missed Service Hours - hours or :fractions thereof of scheduled service not provided. • Accurate hours worked per month for all employees for computation of FTEs.
Contractor records shall be stored for no less than five ( 5) years after the termination of this Agreement, in a safe and secure place.
0 . Quality of Service
The following represents the mmrmum quality of service that is contemplated by this Agreement. Based on the previous performance history of transit service within City those standards are achievable and represent the reasonable expectations of City and transit riders.
The level of compensation for services is contingent upon Contractor meeting the performance standards. The following table lists the minimum quality of service.
La Puente Transit Service Standards
MEASURE STANDARD
Fixed-Route Services
A. On-Time Performance (zero minutes early and up to five minutes 90% after the scheduled arrival time)
B. Scheduled Hours of Operation (completion of scheduled service 97.5% hours ---- --
Dial-a-Ride Service
A. On-Time - pick up within 40 minute window of call, based on ;::.:90% dis atch estimate ----!------ - ---- •
B. Average Wait-Time (elapsed 40 min. time between an immediate 40 minutes service re uest and assen er ick-u
C. Average Service Time (wait-time plus ride time although may be lon er for service to/from outl · n areas
:<::; 60 minutes
Overall System
A. Customer Complaints (verifiable complaints, 3 monthly not 3 monthly includin uestions or comments --- ---------------!
B. Average Time Hold (Reservation Line) 60 seconds
--------·-------·
P. Ongoing Planning and Marketing
Contractor shall participate with City in the design and implementation of any reasonable changes in the Services set forth in this Agreement. Also, recognizing Contractor's expertise, Contractor shall advise City of any observations that suggest modifications to the service may be warranted - in such areas as routing, scheduling, marketing, and so forth - for purposes of improving the transit service. Implementing Contractor's suggestions shall be at City discretion.
Q. Receipt of New Vehicles and at Contract End
Contractor shall acknowledge receipt of the Transit Service vehicles and equipment, as well as Transit Service vehicles subsequently added to the fleet, and that said items have been received in good condition and working order less normal wear and tear. City will inspect the Transit Service vehicles prior to award of contract and periodically during the term of this Agreement.
When new Transit Service vehicles are received by City, Contractor shall assist City and may, if directed, act as agent of City in new vehicle inspections, prior to approving Transit Service vehicles for placement into service.
Upon termination of this Agreement contract, Contractor shall return all City-owned equipment, with no deferred maintenance or damage, less reasonable wear and tear to City.
Contractor shall, at its sole expense, repair or replace any City- owned equipment which may be damaged or lost by reason of collision, negligence, abuse, vandalism, or other like cause. Contractor shall bear the cost of any identified repairs which have not been completed prior to the end of this Agreement. The costs shall be deducted from Contractor's final payment. However, in no event shall Contractor's liability exceed actual cash value of the Transit Service vehicle(s) and equipment so damaged.
R. Hours and Days of Operation
Fixed route service is provided along the designated routes, seven days per week. Service hours are:
Monday through Friday
Saturday
Sunday
City Dial-a-Ride operating hours are:
Monday through Friday
S. Descriptions of Service Modes
6:00 am to 7:00 pm
9:00 am to 6:00 pm
9:00 am to 5:00 pm
8:00 am to 6:00 pm
Transit Services observe the following holidays when no service is provided:
a. New Year's Day
b. Martin Luther King, Jr. Day
c. Memorial Day
d. Independence Day
e. LaborDay
f. Thanksgiving Day
g. Christmas Day
T. Fixed-Route Service:
The Fixed-Route is served by two Transit Service vehicles along two-routes, and is known as the Link. One route is the "Green Line" and Transit Service vehicles run in a clockwise manner. The other route is the "Yellow Line" with Transit Service vehicles running counterclockwise. Two buses run 30 minutes apart on each route.
U. City Dial-a-Ride Service:
The City's Dial-A-Ride is an ADA accessible program serving riders within the City limits.
This service provides transportation for senior citizens age 55 and over as well as persons with disabilities, by group load or individual service. Currently there is a 40-minute response time allowance.
Curb-to-Curb Service is provided. Trip requests are made in advance or on the day the individual wishes to travel if same day service is available. Advanced reservations (taken up to 7 days in advance) and subscription/standing order trips are also available. Riders typically request service at the time they are ready for transport. Riders are allowed to travel three (3) miles outside the City limits for medical, dental or government appointments.
Riders are only allowed to travel with four ( 4) bags. Riders may travel with one escort and the escort travels free of charge.
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11 EXHIBITB
RATE SCHEDULE
YEARl YEAR2 YEAR3
Monthly Fixed Rate $ 25,338 $ 26,049 $ 26,570
Dial A Ride Rate/Hr. $ 40.59 $ 43.69 $ 45.28
LINK Rate/Hr. $ 37.12 $ 39.96 $ 41.41
Annual Fixed Amount $ 304,060 $ 312,592 $ 318,845
Dial A Ride Rev. Hour Amount $ 44,648 $ 48,060 $ 49,804 LINK Rev. Hour Amount $ 323,266 $ 347,972 $ 360,598
Fuel Pass Thru (Estimate for
budgeting purposes) $ 72,000 $ 74,160 $ 76,385
SUBTOTAL $ 743,974 $ 782,784 $ 805,632
Less Fare Revenue (Projected) ($22,800) ($23,484) ($24,188) NET ANNUAL COST I $ 121,114 I s 759,300 I s 181,4441
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting Consultant's indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to Agency.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $3,000,000.00 per occurrence, $6,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $10,000,000.00 combined single limit for each accident.
Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
AGENDA ITEM NO. E-4
To: Mayor and City Council For meeting of: July 26, 2022 From: Bob Lindsey, City Manager
SUBJECT: UPDATE, DISCUSSION AND DIRECTION REGARDING CURRENT AND
UPCOMING PROJECTS AT LA PUENTE PARK
BACKGROUND/DISCUSSION
City Staff will provide an update on ongoing and upcoming projects at La Puente Park.
FISCAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council: (1) discuss this item and provide any necessary direction to Staff; and (2) authorize the City Manager to negotiate and execute all purchase orders and contracts necessary to carry out City Council’s direction.
ATTACHMENTS
None.
City of La Puente
AGENDA REPORT