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HomeMy WebLinkAboutItem 12h - Arcadia Transit Service Assessment DATE: August 20, 2024 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Alana Johnson, Transportation Services Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH FEHR & PEERS FOR A STRATEGIC TRANSIT SERVICE ASSESSMENT ON ARCADIA TRANSIT IN THE AMOUNT OF $134,975, PLUS A 10% CONTINGENCY CEQA: Not a Project Recommendation: Approve SUMMARY Arcadia Transit provides local transit service through a general public fixed-route system and a demand response, curb-to-curb system for residents who are seniors or have a disability. With a fleet of 18 transit vehicles, Arcadia Transit provides these services within the City of Arcadia’s jurisdiction, connecting riders to destinations throughout the City. The last comprehensive service assessment for Arcadia Transit was conducted in 2015, prior to the Los Angeles County Metropolitan Transportation Authority (“Metro”) Light Rail Foothill Extension through Arcadia, and subsequent changes to the system model. Given this and the significant changes in traveler patterns and behaviors observed in the post- pandemic environment, it is important to re-evaluate the current Arcadia Transit system. This evaluation will help identify any opportunities for updates or optimization that will ensure the system is effectively positioned to serve the community in the years ahead. On April 8, 2024, the City issued a Request for Proposals (“RFP”) and received four responses. An evaluation committee reviewed the proposals and selected Fehr & Peers based on their thoroughness and understanding of the scope of work, related experience, references, proposal quality, and costs. It is recommended that the City Council approve a Professional Services Agreement with Fehr & Peers in the amount of $134,975, plus a 10% contingency. BACKGROUND Arcadia Transit was a general public dial-a-ride system when it began its operations in April 1975. The intent was to create a demand-response transit system that would provide the amount and type of public transportation needed by individuals traveling within the Arcadia Transit Service Assessment PSA August 20, 2024 Page 2 of 5 incorporated City limits. The system was designed to provide transportation services to individuals whose transportation needs were not met by the existing fixed-route services provided by Metro. In March 2016, the Metro Light Rail Foothill Extension (formerly the “Gold” Line, now the “A” Line) started its operation through the City of Arcadia. This provided an opportunity to connect Arcadia Transit to the regional light rail network. Along with the opening of the Transit Station in Downtown Arcadia, Arcadia Transit introduced significant service changes to better meet the transportation needs of residents, visitors, and businesses in the City. In June 2016, the public transportation system was restructured into a two-pronged model. The first prong is a fixed-route, fixed-schedule bus service open to the general public The Arcadia Transit Plaza serves as an important hub connecting residents and visitors with the Metro A Line and various bus lines in the regional network via the City’s fixed-route network, which includes three lines (the Green, Blue, and Red Lines). See Attachment 2 for a map of the fixed-route lines. The second prong is a dedicated dial-a-ride service, providing transportation within the City limits exclusively for Arcadia residents who are seniors or have a disability. The current fleet of Arcadia Transit consists of 18 passenger paratransit vehicles, which are all ADA equipped. The vehicle inventory includes six (6) gasoline-powered, five- passenger minivan vehicles; two (2) gasoline-powered, 12-passenger cutaway vehicles; eight (8) Compressed Natural Gas (“CNG”) powered, 16-passenger cutaway vehicles; and two (2) CNG-powered, 12-passenger cutaway vehicles. On the Arcadia Transit fixed- route system, the general fare (5 to 61 years old) is $0.50 and is free for seniors (62 years and older) and persons with disabilities. For Dial-a-Ride, the fare is $0.50 per person per ride, or $5 for a monthly pass. In the past five years, the annual ridership has averaged 24,600 passenger trips for the fixed-route system and 17,200 trips for the Dial-a-Ride program. The COVID-19 pandemic had an immediate and significant impact on Arcadia Transit ridership and the rest of the public transportation industry. From 2020 to 2021, there was a combined 70% decline in ridership on both systems. While not yet at pre-pandemic levels, ridership has been gradually increasing on both systems and has now reached approximately 82% of 2019 levels. Arcadia Transit’s Fiscal Year 2023-24 total operating cost for the system is projected to be approximately $2.3 million. As a member of the Included Municipal Operators within Metro’s Formula Allocation Program (“FAP”), the City receives an annual allocation of State and local transportation funds to provide a general public transit service. The FAP funds cover about 39% of the operating costs. In addition, Proposition A and Measure R Local Return funds are utilized to fully fund the service. Both Proposition A and Measure R funds are ½ cent County sales taxes, dedicated to funding transit services and infrastructure improvements. Each city in the County receives an annual allocation (Local Return) for a specific use to provide/improve public transit related programs and projects. Currently, the Arcadia Transit system is fully funded using Metro’s FAP (39%), Proposition A Local Return Arcadia Transit Service Assessment PSA August 20, 2024 Page 3 of 5 (36%), Measure R Local Return (24%) and farebox revenue (1%). The use of these funds is restricted to transit-related programs and projects. As mentioned, the last comprehensive assessment of the Arcadia Transit system was completed in 2015, prior to many significant developments that have since impacted the transit landscape in the City and its region. As Arcadia Transit and the surrounding transportation network continue to navigate the post-pandemic environment, it is critical to evaluate how these evolving dynamics have impacted the demand for Arcadia Transit services, and whether the current service model remains the most efficient and effective approach. Given these significant changes, a thorough, up-to-date evaluation of the Arcadia Transit system is needed. DISCUSSION The Strategic Transit Service Assessment will examine existing Arcadia Transit services, conduct an evaluation of potential changes to the existing system, and provide recommendations for implementation of changes that will meet the transit needs of the community, as well as the needs for connections with neighboring communities and other transportation options. The overall goal of the Assessment is to ensure Arcadia Transit is optimally positioned to meet the transportation needs of residents, visitors, businesses, and other stakeholders in the years ahead. As described in the RFP package, the scope of the project includes a project management plan and community stakeholder outreach strategy, analysis of the existing system, community and stakeholder engagement and outreach, exploration of potential service changes and route redesigns, recommendations and implementation, and the final report. On April 8, 2024, a Notice Inviting Proposals was published in accordance with City Council Resolution No. 7483, and the RFP package was sent directly to 25 consulting firms soliciting proposals. Potential bidders were given the opportunity to submit questions pertaining to the RFP and on April 25, 2024, the City issued an addendum responding to questions. On the proposal due date of May 6, 2024, the City received four proposals from the following firms: Fehr & Peers, Mobility Advancement Group, Nelson\Nygaard, and Via Mobility, LLC. The table below displays the four bidders and the cost of their proposals: Consultant Group Cost Proposal Mobility Advancement Group $39,564 Via Mobility, LLC $97,579 Fehrs & Peers $149,730 $134,975 (after price negotiations) Nelson\Nygaard $178,451.08 The evaluation committee assessed the four proposals based on established criteria, including the firm’s thoroughness and understanding of the scope of work, relevant Arcadia Transit Service Assessment PSA August 20, 2024 Page 4 of 5 experience, references, and proposal quality. Based on the combined committee scores after the first round of review, Fehr & Peers and Nelson\Nygaard were selected for final consideration, which included a review of the cost proposals and interviews. The proposal from Mobility Advancement Group did not offer the comprehensive review that had been requested within the RFP. For this reason, it was not competitive nor comparable to the other proposals received. Similarly, the proposal from Via Mobility focused significantly on modeling and on the firm’s positioning as a micro transit operator. The Via Mobility proposal, while responsive, did not have the depth of outreach or approach that the City needs. While the cost proposals for the top two finalists were comparatively higher than the non- finalists, they provided high-quality proposals that best matched the service specifications. Following interviews, Fehr & Peers ranked first, demonstrating the most thorough understanding of the project's scope and requirements. Fehr & Peers demonstrated a thoughtful and detail-oriented approach that made them the best fit to successfully deliver the project. The evaluation committee was particularly impressed by their proven track record on similar projects in the local area and throughout the state, as well as their collaborative approach and commitment to working closely with the City. Fehr & Peers is a long-standing transportation planning and engineering firm, founded in 1985. Over the past 38 years, they have worked extensively on transit projects across the United States, from small communities to large cities. Their expertise covers a full range of transit services, including launching new services, developing transit vision plans, and conducting major system expansion studies. After selecting Fehr & Peers, the City negotiated the cost proposal with the firm. The firm’s original cost proposal was $149,730. Following negotiations, Fehr & Peers presented a revised, reduced cost proposal of $134,975, with primary savings in the reduction of pop- up and virtual meetings, as well as the workshops subtask of the outreach deliverable of the project. The City accepted the revised proposal of $134,975. Fehr & Peers believes the revised fee will still allow them to deliver a robust, engaging, and implementable plan for the City. The firm has assembled a highly qualified team of transit specialists and engagement experts for the project. The project is expected to kick-off in September 2024 after contract execution, with a timeline of approximately one year. ENVIRONMENTAL ANALYSIS The proposed assessment does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Arcadia Transit Service Assessment PSA August 20, 2024 Page 5 of 5 FISCAL IMPACT The cost of the project, with the potential 10% contingency included, is $148,472.50. The entire project cost will be covered by Proposition A Local Return funds. No General Fund monies will be utilized for this project. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve a Professional Services Agreement with Fehr & Peers for a Strategic Transit Service Assessment on Arcadia Transit in the amount of $134,975, plus a 10% contingency. Attachment 1: Proposed Professional Services Agreement with Fehr & Peers Attachment 2: Map of Current Fixed Route Services 1 Updated Feb. 2020 Attachment No. 1 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING STRATEGIC TRANSIT SERVICE ASSESSMENT ON ARCADIA TRANSIT This Agreement is made and entered into as of ________________, 20____ by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Fehr & Peers, a Corporation with its principal place of business at 100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Strategic Transit Service Assessment on Arcadia Transit (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a.Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b.In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One-Hundred Thirty-Four Thousand, Nine-Hundred Seventy-Five Dollars and No Cents ($134,975). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 2 Updated Feb. 2020 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be from one year from the date of execution, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 3 Updated Feb. 2020 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage 4 Updated Feb. 2020 (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. 5 Updated Feb. 2020 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant 6 Updated Feb. 2020 shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, 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. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. 7 Updated Feb. 2020 (ii) If at any time during the life of the Agreement, 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. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, and employees, free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, and employees. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the 8 Updated Feb. 2020 performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 9 Updated Feb. 2020 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Jeremiah LaRose as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Jason Kruckeberg, Assistant City Manager/Development Services Director CONSULTANT: Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 Attn: Jeremiah LaRose, Project Manager and shall be effective upon receipt thereof. 10 Updated Feb. 2020 21. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 11 Updated Feb. 2020 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 12 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND FEHR & PEERS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA FEHR & PEERS By: By: Dominic Lazzaretto Signature City Manager Date: Its: ATTEST: Printed Name By: Date: City Clerk APPROVED AS TO FORM By: Signature By: Its: Michael J. Maurer City Attorney Printed Name 13 Updated Feb. 2020 EXHIBIT “A” Scope of Services The Scope of Services for the Strategic Transit Service Assessment on Arcadia Transit, as detailed in the Revised Cost Estimate provided by Fehr & Peers on June 24, 2024 (including roles, task hours, and fees), is incorporated into this Agreement and shall include the following: Task 1 - Project Management Plan and Community and Stakeholder Outreach Strategy Deliverables: 1.1 Project Kickoff Meeting with the City 1.2 Project Management Plan and Timeline 1.3 Community and Stakeholder Engagement and Outreach Strategy Plan 1.4 Biweekly Project Management Meetings Task 2 – Analysis of Existing Transit Service System Deliverables: 2.1 Transit and Context Data Collection 2.2 Transit Services Analysis 2.3 Fleet, Equipment, and Technology Review 2.4 Travel Demand and Market Analysis Task 3 – Community and Stakeholder Engagement and Outreach Deliverables: 3.1 Website Launch/Updates 3.2 Stakeholder Organizations Outreach 3.3 Pop-Up/Virtual Meetings and Workshops 3.4 Community and Rider Surveying 3.5 Operations Meeting/Survey 3.6 Summary of Engagement (Phase 1/2) Task 4 – Exploration of Potential Service Changes and Route Redesigns Deliverables: 4.1 Initial Concepts 4.2 Metrics, Equity, and Ridership Estimation 4.3 Public-Ready Draft Task 5 – Recommendations and Implementation Deliverables: 5.1 Final Draft Concepts 5.2 Title VI Analysis 5.3 Five-Year Implementation and Strategies 14 Updated Feb. 2020 5.4 Presentations Task 6 – Strategic Transit System Assessment (Final Report) All previous tasks should be incorporated into a final report, which will be considered the City’s Strategic Transit Service Assessment. Deliverables: 6.1 Draft Report – Strategic Transit System Assessment on Arcadia Transit 6.2 Final Report – Strategic Transit System Assessment on Arcadia Transit All written documents shall be prepared and completed in Microsoft Word format. A complete set of all documents shall be submitted in a digitized format, on a universally accessible storage medium and shall be compatible with the City’s computer hardware and software. Electronic copies of all exhibits including maps, charts, and tables shall be provided to the City. 15 Updated Feb. 2020 EXHIBIT “B” Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. 16 Updated Feb. 2020 EXHIBIT “C” Activity Schedule All work shall be completed in accordance with the following schedule: The term of this Agreement shall be for one (1) year from the date of execution. All tasks under Exhibit “A” shall be adhered to and executed accordingly. FIXED ROUTE ARCADIA TRANSIT www.ArcadiaCA.gov/ArcadiaTransit ArcadiaTransit@ArcadiaCA.gov North May 10, 2023 -Downtown Arcadia Arcadia High School Arcadia County Park LA County Arboretum Santa Anita Race Track West eld Santa Anita Arcadia City Hall/Police Statio Methodist Hospital Arcadia Public Library Arcadia Community Center Arcadia Par-3 Golf Course Arcadia Gold Line Station Arcadia Municipal Boundary Blue Line (Duarte/Las Tunas) Blue Line Stop Red Line (1st Ave/6th Ave) Red Line Stop GreenLine(Huntington/Bald 1 2 3 4 5 6 7 8 9 1 pp within the City. 1 Downtown Arcadia Arcadia High School Arcadia County Park LA County Arboretum Santa Anita Race Track Arcadia City Hall/Police Station Methodist Hospital Arcadia Public Library Arcadia Community Center Arcadia Par-3 Golf Course Arcadia Gold Line Station Arcadia Municipal Boundary Blue Line (Duarte/Las Tunas) Blue Line Stop Red Line (1st Ave/6th Ave) Red Line Stop Green Line (Huntington/Baldwin) Green Line Stop Metro Bus Lines Foothill Transit Bus Lines M- F- 1 2 3 4 5 6 7 8 9 1 within the City. 11 Downtown Arcadia Arcadia High School Arcadia County Park LA County Arboretum Santa Anita Race Track Arcadia City Hall/Police Station USC Arcadia Hospital Arcadia Public Library Arcadia Community Center Arcadia Par-3 Golf Course Arcadia Metro Rail Station Arcadia Municipal Boundary Blue Line (Duarte/Las Tunas) Blue Line Stop Red Line (1st Ave/6th Ave) Red Line Stop Green Line (Huntington/Baldwin) Green Line Stop Metro Bus Lines Foothill Transit Bus Lines M- F- 1 2 3 4 5 6 7 8 9 10 11 The Shops at Santa Anita Popular Points of Interest Attachment No. 2