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18-0501_PROFESSIONAL PARKING_Agenda Report_E7TO: FROM: City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~njamin Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director ,./;fAA._ PREPARED BY: Tom Toman, Assistant Public Works Dir~ DATE: May 1, 2018 5/1/2018 E7 SUBJECT: Professional Services Agreement for 2018 Summer Trolley Lease, Operations, and Maintenance Services (Professional Parking, Inc.) RECOMMENDATION: Approve and authorize the City Manager to execute a Professional Services Agreement with Professional Parking, Inc. for an amount not-to-exceed $145,000 for trolley tease, operations, and maintenance for the proposed 2018 summer trolley service. EXECUTIVE SUMMARY: The City's 2018 summer trolley service is proposed to operate for thirteen consecutive weekends beginning Friday, June 8, through Monday, September 3 (Labor Day), and will include two trolleys on twenty minute frequencies servicing a continuous loop from downtown San Juan Capistrano (La Zanja Street northern terminus) to a Dana Point trolley service connection stop at Stonehill Drive and Del Obispo Street. Service hours have been slightly modified from 2017 and will be on Fridays from 5:00p.m. to 9:00p.m., Saturdays from 11:00 a.m. to 9:00 p.m., and Sundays from 11:00 a.m. to 7:00p.m. Staff has ~ solicited and evaluated a detailed proposal from Professional Parking, Inc. that includes trolley lease, operations and maintenance services. Staff is recommending that the City Council approve and authorize the City Manager to execute a Professional Services Agreement with Professional Parking, Inc. (Attachment 1) for an amount not-to-exceed $145,000 for the 2018 summer trolley program. Additionally, if the City is successful in obtaining grant funds for trolley service, effective July 1, 2018, staff will return to the City Council tater this summer with both an Amendment to the proposed Professional Services City Council Agenda Report May 1, 2018 Page 2 of7 Agreement with Professional Parking, Inc. and a Cooperative Agreement with the Orange County Transportation Authority (OCTA). DISCUSSION/ANALYSIS: Proposal Staff is working with the City's 2017 trolley service provider, Professional Parking, Inc., to coordinate and implement the trolley lease, operations and maintenance services needed for a successful2018 program. Staff has been pleased with the level of service provided by Professional Parking, Inc. for the prior summer season and for various City-sponsored events. Professional Parking, Inc. is also providing trolley operations and maintenance services for the cities of Dana Point and San Clemente. PPTS has provided the City a flexible proposal (Attachment 2) that includes two options described below. • Option 1 consists of PPTS renting two 2017 Hometown trolleys from Creative Bus Sales on a month-to-month basis. The 32 foot Hometown Trolleys are nearly identical to those leased by the City in 2017 and are similar to those in Dana Point and Laguna Beach. These trolleys are gas fueled, ADA compliant, and capable of effectively traversing City streets. The proposal also includes all operating and maintenance costs associated with the trolleys and the trolley program, except for the storage of the trolleys and marketing of the program. • Option 2 is customized and dependent on the City obtaining multi-year, Measure M2 Project V-Community-Based TransiUCirculators Program funding. Details of the grant opportunity are outlined later in this report. Should the City receive grant funding effective July 1, 2018, Professional Parking, Inc. would rent trolleys for the month of June only and purchase the same two trolleys for City use commencing July 1, 2018. The purchase would be based on a five-year operating agreement between the City and Professional Parking, Inc., and would end at the expiration of the grant (June 30, 2023). The City has already negotiated special pricing from Creative Bus Sales for the 2017 Hometown trolleys and Professional Parking, Inc.'s rate is based on that price. The trolleys would become the property of the City at the end of the five-year term. If the City is successful in obtaining grant funds for trolley service, effective July 1, 2018, staff will return to the City Council later this summer with an Amendment to the proposed Professional Services Agreement with Professional Parking, Inc. for Option 2. At that time staff would also seek authorization to execute a Cooperative Agreement with OCT A City Council Agenda Report May 1, 2018 Page 3 of 7 SJC Summer Trolley Experience The City's 2017 trolley service was extremely successful and received very favorable reviews from residents and visitors. The service carried over 11,000 passengers and averaged approximately 18 riders per hour, per trolley while the City's minimum ridership objective was six passengers per hour. It is expected that ridership will increase as the program becomes more established. Photos of the 2017 summer trolley program are included as Attachment 3, and ridership data from summer 2015 and summer 2017 is shown below. Service was not provided in 2016. Additionally, a Lessons Learned document, created as part of the City's Project V grant application, outlines service augmentations made in years 2015 vs. 2017 and is included at Attachment 4. • 2015: Summer Service-1 Trolley/1 hour frequency = 4,000 passengers • 2017: Summer Service-2 Trolleys/20 minute frequency= 11,003 passengers 2018 Trolley Service The trolley service schedule and route have been designed with the objective of maximizing ridership. Staff worked with key stakeholders in the community to design the structure for the 2018 schedule and route described below. Schedule: The planned hours of operation are every weekend from Friday, June 8, through Monday, September 3 (Labor Day), operating from 5:00 p.m. to 9:00 p.m . on Fridays, from 11 :00 a.m. to 9:00 p.m. on Saturdays, and from 11 :00 a.m. to 7:00 p.m. on Sundays. During peak times, there will be two trolleys in service with as few as one in service during slower times. Based on hourly ridership data collected and analyzed for the 2017 service, the hours of operation for 2018 have been slightly modified to enhance ridership and customer satisfaction. Route: The planned route, included as Attachment 5, is the same as 2017 and is a twenty minute loop starting from the Metrolink Station at Verdugo Street, going south on Camino Capistrano to Del Obispo Street, west on Del Obispo Street to Alipaz Street, south on Alipaz Street to Camino Del Avion, west on Camino Del Avion to Del Obispo Street, south on Del Obispo Street to Stone Hill Drive (connection point with Dana Point summer trolley service), east on Stonehill Drive to Camino Capistrano, north on Camino Capistrano to La Zanja Street, east on La Zanja Street to El Camino Real, south on El Camino Real to Ortega Highway, west on Ortega Highway to Camino Capistrano, and south on Camino Capistrano to Verdugo Street and the Metrolink Station. Existing OCTA stops will be used as trolleys stops and signs will be used with route and schedule information specific to the 2018 summer trolley service. Some key community connection points and attractions along the route include the following: City Council Agenda Report May 1, 2018 Page 4 of 7 • Los Rios Historic District • Los Rios Park • Egan House • South Coast Farms • The Ecology Center • Congdon House • Sports Park • San Juan Community and Senior Center • Boys and Girls Club of San Juan Capistrano • Marco Forster Middle School • Del Obispo Elementary School • Kinoshita Elementary School • Dana Point Trolley Service Connection Point (connects to Laguna Beach and San Clemente) • Residence Inn (Marriott) Marketing In order to maintain a strong level of ridership, an aggressive promotion of the service to both residents and visitor-serving businesses will again be vital to the program's success. Informational materials will be distributed at community events and displayed at City facilities beginning May 2018. Both the City and the Chamber of Commerce will actively promote the • The Coach House Concert Hall • Mission San Juan Capistrano • Mission Basilica San Juan Capistrano • Junipero Serra High School • Saddleback Adult Education Campus • Capo Valley Head Start • The American Legion • San Juan Capistrano Chamber of Commerce • San Juan Capistrano Library • Capistrano-Laguna Beach ROP (Regional Occupational Program) • Bridges Community Day School • San Juan Elementary • Bias Aguilar Adobe Museum • Historic Town Center Park expanded trolley service within the community and hospitality industry, including marketing materials in online and print media, various media announcements, ongoing communication with lodging establishments and businesses, and a promotional mailer to all San Juan Capistrano residences. Electronic message boards will be used to display informational messages regarding the service, and trolley service banners will be placed at the intersection of Del Obispo Street and Camino Capistrano. City Council Agenda Report May 1, 2018 Page 5 of7 Project V Grant Application On March 6, 2018, the City Council authorized staff to submit a grant application for Measure M2 Project V-Community-Based Transit/Circulators Program funding. Similar to the 2017/2018 summer program, the City's proposed Special Event and Weekend Summer Trolley Service (July 1, 2018-June 30, 2023) would operate during the City's peak period of demand for thirteen consecutive weekends beginning in early June through the Labor Day holiday. The service would include two trolleys on twenty minute frequencies servicing a continuous loop from downtown San Juan Capistrano to a Dana Point trolley service connection stop. A new feature to the trolley program would be year- round Special Event trolley or shuttle service to include the following San Juan Capistrano special events: Swallows Day Parade, Spring Eggstravaganza, San Juan Summer Nights Concert Series, Fourth of July shuttle service, Summer Carnival service, and the City's Christmas Tree Lighting Celebration. Project V grant allocations are determined through a competitive application process. City staff completed the formal application and provided supporting documentation to OCT A. OCTA staff have indicated that emphasis is being placed on projects with firm financial commitments and overall project readiness, as well as ridership projections, areas served, cost effectiveness, and local and regional benefrts. The grant applications will be scored, ranked, and submitted to the OCTA Executive Committee and the Board of Directors for consideration and funding approval. The process is expected to be concluded by June 30, 2018, and City staff should know by later this month whether the City was successful in receiving the Project V grant funds. The total program cost associated with the City's grant application, eligible for Project V consideration and funding, is approximately $1,065,158, and includes $337,960 in capital expenses (e.g. trolley purchase, trolley wrapping, trolley-tracker app and GPS, ADA improvements, trolley amenities, and new signs and benches), $667,198 for operations and maintenance, and $60,000 in marketing related costs. The City submitted a "turnkey" proposal (Option 2 referenced above with Professional Parking, Inc.) that includes trolley procurement and operations and maintenance services over a five-year period. If the City is successful in securing the grant, OCTA (Project V) will fund 90% of the total cost to operate the proposed Special Event and Weekend Summer Trolley Service for up to five-years, or approximately $958,642 ($191 ,728 annually). The remaining 10%, or $106,516 ($21 ,303), would be covered through eligible Air Quality Management District (AQMD) AB 2766 Subvention Funds (from motor vehicle registration fees), since the trolley program improves air quality during service hours by reducing parking and traffic congestion. City Council Agenda Report May 1, 2018 Page 6 of 7 FISCAL IMPACT: The total program costs of $156,325 includes $95,000 in expected Project V grant funds, $55,330 in AQMD funds, and in $5,995 General Fund funding. The proposed Professional Services Agreement with Professional Parking, Inc. is for an amount not to exceed $145,000, and the remaining balance of $11,325 is anticipated to cover all marketing-related costs. If the City is unsuccessful in securing grant funds for the 2018 summer trolley program, then much of the costs will be funded by AQMD subvention funds, and the balance would be covered by the General Fund (approximately $86,300). However, if the City is successful in obtaining multi-year grant funds, then beginning July 1, 2018, OCTA (Project V) would fund 90% of the total cost to operate the trolley service for up to five- years, or approximately $958,642 ($191 ,728 annually). The remaining 10%, or $106,516 ($21 ,303 annually), would be covered through AQMD subvention funds. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approving an agreement with Professional Parking, Inc. for trolley lease, operations and maintenance of the proposed 2018 summer trolley service would not be activities with potential to cause significant effect on the environment and therefore is exempt from CEQA. CITY COUNCIL REVIEW: • On February 7, 2017, the City Council approved the 2017 summer trolley lease, proposed trolley route, a Cooperative Agreement with OCTA for Project V Grant Funding, and an appropriation of funds for the service. • On October 3, 2017, the City Council received a presentation and update on 2017 trolley ridership. • On March 6, 2018, the City Council approved a resolution authorizing an application to OCTA for Measure M2 Project V Grant Funds for a Special Events and Summer Trolley Program. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. City Council Agenda Report May 1, 2018 Page 7 of7 NOTIFICATIONS: Jodie McCann, Transportation Funding Specialist, OCTA Joseph Alcock, Measure M Local Programs, OCTA Brianna Martinez, Transportation Funding Specialist, OCTA Matthew Sinacori, Director of Public Works, City of Dana Point Jennifer Anderson, Senior Management Analyst, City of Dana Point Tom Bonigut, Director of Public Works, City of San Clemente Nasser Abbaszadeh, Director of Public Works, City of Laguna Niguel Ziad Mazboudi, Engineering Services Manager, City of Laguna Niguel Paula Faust, Deputy Director of Public Works, City of Laguna Beach Sean Connolly, Creative Bus Sales, Inc. Kristina Pence-Dunow, Hometown Trolley Joey Dunow, Hometown Trolley Dustin Dunow, Hometown Trolley Ralph Caldin, Professional Parking and Transportation Services Chamber of Commerce Lucas Scofield, Field Services Director, Mission San Juan Capistrano Mechelle Lawrence Adams, Executive Director, Mission San Juan Capistrano Evan Marks, Executive Director, The Ecology Center Bret Babos, Director of Operations, The Ecology Center ATTACHMENTS: Attachment 1 : Proposed Agreement with PPTS Attachment 2: PPTS Proposal Attachment 3: 2017 Trolley Service Photos Attachment 4: Lessons Learned (2015 vs. 2017) Attachment 5: 2018 Trolley Route 2018 SUMMER TROLLEY PROGRAM CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of May 1 , 2018, by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Professional Parking, a California corporation, with its principal place of business at 2799 East 21 81 , Signal Hill, CA 90755 (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: 2018 SUMMER TROLLEY PROGRAM (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 $145,000. 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. 3. Additional Work. If changes in the work seem merited by ConsuHant 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 1 61147.02100\30996573.2 Attachment 1, Page 1 of 16 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. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Consultant shall complete the services required hereunder within 120 days. 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 CaVOSHA 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. 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. 2 61147.02100\30996573.2 Attachment 1, Page 2 of 16 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 Consultant 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 Contract (8) Broad Form Property Damage (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 3 61147.02100130996573.2 Attachment 1 , Page 3 of 16 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 1 0 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 prov1s1ons 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. 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 4 61147.02100\30996573 .2 Attachment 1, Page 4 of 16 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 or 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: Commercial General Liability Automobile Liability Employer's Liability Professional Liability Combined Single Limit $1 ,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage $6,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence $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 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 5 61147.02100\30996573 .2 Attachment 1, Page 5 of 16 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. (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 6 6114 7. 02100\30996573.2 Attachment 1, Page 6 of 16 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 (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents 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, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, offiCers, employees, subcontractors, consultants. or agents in connection with 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, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of udesign professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, 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 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 7 61147.02100\30996573 .2 Attachment 1. Page 7 of 16 compensation is $1,000 or more, 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 ). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 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. [RESERVED] 16. 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 Orange, State of California. 8 61147.02100\30996573.2 Attachment 1, Page 6 of 16 17 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. 18 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. 19. Organization Consultant shall assign Ralph Caldin. Jr. as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. 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 San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Tom Toman, Public Works Department 61147.02100\30996573 .2 9 CONSULTANT: Professional Parking Ralph L. Caldin, Jr. President 2799 East 21 81 Signal Hill, CA 90755 Attachment 1, Page 9 of 16 and shall be effective upon receipt thereof. 22. 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. 23. 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. 24. 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. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. 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. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City 's Right to Employ Other Consultants 10 61147.02100\30996573.2 Attachment 1 , Page 1 0 of 16 City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. 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] 11 61147.02100\30996573 .2 Attachment 1 , Page 11 of 16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PROFESSIONAL PARKING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO By : Benjamin Siegel City Manager ATTEST : By: City Clerk APPROVED AS TO FORM : ~-B y :""~ ~~Y Atto rne y 61147.02100\30996573 .2 PROFESSIONAL PARKING By: Its : Printed Name :_~---'/tf,_;fl_'LI---=0=---bu_D._:.r_~_ 12 EXHIBIT A Scope of Services The City's 2018 summer trolley service is proposed to operate for thirteen consecutive weekends beginning Friday, June 8 through Monday, September 3 (Labor Day), and will include two trolleys on twenty minute frequencies servicing a continuous loop from downtown San Juan Capistrano (La Zanja Street northern terminus) to a Dana Point trolley service connection stop at Stonehill Drive and Del Obispo Street. • Professional Parking and Transportation Services (PPTS) to operate trolley service every weekend from Friday, June 8, through Monday, September 3 (Labor Day), from 5:00 p.m. to 9:00 p.m. on Fridays, from 11:00 a.m. to 9:00 p.m. on Saturdays, and from 11 :00 a.m. to 7:00 p.m. on Sundays. • During peak times, there will be two trolleys in service with as few as one in service during slower times. PPTS to interface with City's project manager (Tom Toman) regarding ridership, routing, staffing and any modifications needed to the trolley route in order to achieve the ridership required by a prospective OCTA Project V grant. • PPTS to adhere to the following planned route: A twenty minute loop starting from the Metrolink Station at Verdugo Street, going south on Camino Capistrano to Del Obispo Street, west on Del Obispo Street to Alipaz Street, south on Alipaz Street to Camino Del Avion, west on Camino Del Avion to Del Obispo Street, south on Del Obispo Street to Stone Hill Drive (connection point with Dana Point summer trolley service), east on Stonehill Drive to Camino Capistrano, north on Camino Capistrano to La Zanja Street, east on La Zanja Street to El Camino Real, south on El Camino Real to Ortega Highway, west on Ortega Highway to Camino Capistrano, and south on Camino Capistrano to Verdugo Street and the Metrolink Station. Existing OCTA stops will be used as trolleys stops and signs will be used with route and schedule information specific to the summer trolley service. As with the schedule, it might be necessary to make minor adjustments to the route during certain times in order,to maintain the required level of ridership. • PPTS to lease, operate and implement service with two 2017 32 foot Hometown Trolleys leased by City that are gas fueled, ADA compliant, and capable of effectively traversing City streets. PPTS to coordinate and implement the operations and maintenance (O&M) services including labor, fuel, cleaning and insurance needed for the 2018 program. • PPTS to administer the project in conjunction with the City's project manager to ensure all pertinent milestones, tasks and goals are met in a timely manner for the successful completion of the 2018 trolley service. Provide assistance to the City's project manager in the operational development process for the service involving stakeholder participation, as necessary. Provide City's project manager weekly ridership counts and trolley service updates including any corrections or recommendations to improve the service. 13 61147.02100\30996573.2 Attachment 1, Page 13 of 16 • PPTS to provide an invoice payment summary report for the Project to the City's project manager on a monthly basis. • PPTS, in coordination with the City Project Manager, to facilitate trolley storage with Capistrano Unified School District at school district corporate yard in Dana Point. • PPTS may perform certain services which are not listed in the Scope of Work at the City's written request as additional service billed on an as needed basis. 14 61147.02100\30996573 .2 Attachment 1, Page 14 of 16 EXHIBITS Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detained 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. Fee Proposal: Compensation shall be a "Not-to-Exceed" fee in the amount of $145,000, inclusive of reimbursable expenses based on the following assumptions outlined below: OPTION#l Professional Parking would rent (2) trolleys from Creative Bus Sales on a month to month basis for (1) month with an option to continue renting through the labor Day weekend. Based on your current schedule of 22 hours a week per trolley and operating 13 weeks plus the 4th of July and labor Day your cost would be approximately $143,060 for 2018. This reflects a $234.00 I hour I trolley operating cost . The price include all operating and maintenance costs associated with the trolley and trolley program except the storage of the trolleys and marketing of the program. The rate in future years would be subject to trolley pricing by a 3rd party at that time. 15 61147.02100\30996573.2 Attachment 1, Page 15 of 16 61147.02100\30996573.2 EXHIBITC Activity Schedule 16 Attachment 1, Page 16 of 16 A Proposal to Operate the Trolley Service for the City of San Juan Capistrano 1 ~ PRCF"ESSICNAL VPARKING March 30,2018 Attachment 2, Page 1 of 3 City of San Juan Capistrano March 30, 2018 Tom Toman Assistant Public Works Director City of San Juan Capistrano Re: Summer/Event Trolley Program Dear Mr. Toman: I am pleased to present Professional Parking's response to the Summer Trolley Program. The management team at Professional Parking has over 60 years of transportation related experience, with a majority of that experience in Southern California. As a local company, our focus is on providing the CITY OF SAN JUAN CAPISTRANO a very cost effective solution to their trolley program; while at the same time providing the most reliable, safest and resident friendly program that will adjust to the changing demands of the City. The team responsible for overseeing the Trolley Program at San Juan Capistrano have managed over 25 various programs including the trolley programs for the City of Dana Point, San Clemente, Newport Beach and the great city of San Juan Capistrano. Our proposal includes a turnkey operation similar to Dana Point and Newport Beach. Due to the timing of Project V Funding notice we are presenting 2 options for providing trolley service this summer. OPTION#l Professional Parking would rent (2) trolleys from Creative Bus Sales on a month to month basis for (1) month with an option to continue renting through the Labor Day weekend. Based on your current schedule of 22 hours a week per trolley and operating 13 weeks plus the 4th of July and Labor Day your cost would be approximately $143,060 for 2018. This reflects a $234.00 I hour I trolley operating cost . The price include all operating and maintenance costs associated with the trolley and trolley program except the storage of the trolleys and marketing of the program. The rate in future years would be subject to trolley pricing by a 3rd party at that time. OPTION#2 Should the City receive grant funding for July 1, 2018 Professional Parking would rent (2) trolleys for the month of June and purchase the same (2) trolleys for use starting July 1. The purchase is based on a five year operating agreement and wo·uld end at the expiration of the grant. The City has already obtained special pricing from Creative Bus Sales and our rate is based on that price. If the final sale price changes, then the hourly rate would adjust to reflect that change. The trolleys would become the property of the City at no cost at the end of the five year term. If the City continues to operate the trolleys 3 days a week, 13 weeks a year, the life of the trolleys should exceed 10 years. 21Page Attachment 2, Page 2 of 3 City of San Juan Capistrano According to your current schedule of 22 hours a week per trolley and operating 13 weeks a year plus the 4th of July and labor Day your cost would be approximately $152,192 for summer 2018. The cost for June 2018 would be $51,040. This reflects a rate of $290.00 I hour I trolley operating for the (4) weeks in June. ($290 x 176 hours) The cost for July 1 to September 3, 2018 would be $101,152. This reflects a rate of $232.00 I hour I trolley operating for the (8) week period plus the 4th of July and labor Day. ($232 x 436 hours) The rate of $232 is based by adding trolley service to the following annual events : Swallows Day, Spring Eggstravaganza, Summer Nite Concerts, 4th of July Fireworks, 4th of July Summer Carnival and the Christmas Tree lighting Celebration. Based on the summer schedule and special events listed above your annual cost year one (July 1, 2018- June 30, 2019) would be $182,816 (788 operating hours x $232.00 per operating hour). Should the special event hours not be guaranteed, the operating cost of the trolley during the summer would increase to $260 I hour I trolley. The price would increase yearly over the next 5 years by 3% and would include all operating and maintenance costs associated with the trolley and trolley program except the storage ofthe trolleys and marketing ofthe program. I thank you for considering our proposal. As a Local Company we are confident you will find our proposal is focused on meeting the specific needs of the City, your Department and your community. Please let us know if you have any questions. Respectfully, Ralph l. Caldin Jr . President 3IPage Attachment 2, Page 3 of 3 JM. -.. o Attachment 3, Page 1 of 5 Attachment 3, Page 2 of 5 Attachment 3, Page 3 of 5 0 PARKING ENTIRE BLOCK Attachment 3, Page 4 of 5 Attachment 3, Page 5 of 5 LESSONS LEARNED: 2015 VS. 2017 TROLLEY SERVICE • Staff added an additional trolley to the 2017 service (i.e. going from 1 to 2) which improved headway times, reliability, and system continuity. o Headway times/trolley frequency significantly improved from over 1 hour to less than 20 minutes. • Staff leased new trolleys from Creative Bus Sales (20 17 Hometown Trolleys) that attracted riders and created a different experience for public transportation. • Staff modified the 2015 trolley route to improve service continuity and simplicity. As a result, operations were more seamless and customer expectations were easily meet. • Staff developed a new and improved trolley tracker app that provided a more "Uberish" experience for trolley customers. • Staff rebranded the trolley service (via marketing collateral and new signage) to fit the unique character of San Juan Capistrano. • Staff improved ridership data collection efforts, methodology and overall reporting functionality. This provided managers and trolley operators' real-time information in a dynamic environment which eventually led to strategic, incremental augmentations to the 2018 service hours of operation. • Staff surveyed customers and improved overall customer satisfaction. • Staff collaborated with the City of Dana Point to develop a well-vetted trolley connection point between the services. • Staff coordinated expanded 4th of July and Labor Day Trolley service with operators to meet the needs of citizen-clients. • As a result of the above-mentioned changes, San Juan Capistrano's total trolley ridership increased by 175%, from approximately 4,000 passengers in 2015 to 11,003 in 2017. Attachment 4, Page 1 of 1 2018 TROLLEY ROUTE (Sam e a s 2 017) BJSTOPS MetroUnk Statio n EJ Adobe Plaza ~ Los Rlos Plaza Casitas de Allpaz Rancho Allpaz -t Ecology Center ~ Via Posltlva -+ Westbome Dr -t Blue Fin Dr ~ Dana Point Trolley Service Transfer Point Marriott Residence Inn ~ Avenlda Aeropuerto -+ Chase Bank -t Mission San Juan Caplstrano~Acjachema St-+ La Zanja-+ SJC U~rary -+ El Ca11in1 Real/Ortega Highway I£BIBND SEaVtCD ~UIII·SBP 4, 1017 Attachment 5, Page 1 of 1