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HomeMy WebLinkAbout13 - PSA for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement ServicesQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report November 19, 2024 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Brad Sommers, Transportation Manager - 949-644-3326, bsommers@newportbeachca.gov TITLE: Approval of Professional Services Agreement with LAZ Parking California, LLC for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services ABSTRACT: The City of Newport Beach issued a Request for Proposals (RFP) for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services. Staff requests City Council approval to enter into a Professional Services Agreement with LAZ Parking California, LLC to operate the Balboa Peninsula Trolley (Trolley) for seven years (2025- 2031) and procure five new trolley vehicles on behalf of the City. The Trolley serves seasonal visitors and residents by providing a mobility option along the three -mile -long Balboa Peninsula. The Orange County Transportation Authority (OCTA) grant -funded service operates during the peak summer weekends and holidays from Memorial Day weekend through Labor Day. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 25-035 appropriating $3,274,720 in new revenue and expenditures from OCTA to Account Nos. 1230053-431150-25T13 and 1230053- 980000-25T13, respectively, and appropriating $641,027 in increased expenditures in Account No. 01201938-980000-25T13 from the General Fund Capital Improvement Program unappropriated fund balance; and c) Approve a Professional Services Agreement with LAZ Parking California, LLC for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services of five new trolley vehicles for a total not -to -exceed amount of $3,897,746.55, and authorize the Mayor and City Clerk to execute the agreement. 13-1 Approval of Professional Services Agreement with LAZ Parking California, LLC for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services November 19, 2024 Page 2 DISCUSSION: The Trolley serves seasonal visitors and residents by providing a mobility option along the three -mile -long Balboa Peninsula. This OCTA grant -funded service operates during the peak summer weekends and holidays from Memorial Day weekend through Labor Day. The Trolley program recently concluded the seventh and final year of operation. As the current Trolley program came to an end, the City Council Transit, Transportation, Parking and Mobility Ad -Hoc Committee (Committee) provided guidance to staff for continuing the program. Staff applied for, and the City was awarded, a new OCTA grant to continue the Balboa Peninsula Trolley an additional seven years, through the Summer of 2031. The proposed Trolley continuation would operate within the same framework as the recently concluded program and provide free rides to residents and visitors along the Balboa Peninsula. Key details of the proposed program are listed below. • Operate summer weekends and holidays between Memorial Day weekend and Labor Day from 10:00 a.m. and 9:30 p.m.; • Maintain the current route, including the 22 stops, between the Avon parking lot and Balboa Pier; • Strive for a headway (frequency) of 15 minutes; • Provide a remote parking option by offering free parking in the Avon parking lot for trolley riders; • Provide an opportunity for other City trolley operations such as special and/or seasonal events; and • Review the program annually for service/route improvements/changes. The Committee also desires procurement of new trolleys that are more reminiscent of the historic Pacific Electric "Red Car" rail line. Staff determined the desired vehicles are manufactured by Hometown Manufacturing based in Crandon, Wisconsin. Staff also learned the manufacturing and delivery of the trolleys has a relatively long lead time of 12-14 months. Staff was unable to locate other manufacturers that currently provide similar vehicles. The City issued an RFP for the Balboa Peninsula Trolley continuation in June 2024 and received two proposals. Through a qualification -based review and selection process, staff rated the proposals as follows: Proposer Total Score (Out of 100) Overall Rank LAZ Parking California, LLC 92.70 1 ACE Parking Management Inc. 88.58 2 13-2 Approval of Professional Services Agreement with LAZ Parking California, LLC for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services November 19, 2024 Page 3 The City's proposal review team consisted of three staff members from the Public Works Department. Proposals were evaluated by the review team members independently. Evaluations were based on the firm's abilities to perform the desired transit operation, procurement of trolley vehicles, qualifications, and experience in providing such services. Upon completion of the qualifications -based review of the proposals, the sealed cost files were opened and reviewed. Staff selected LAZ Parking California, LLC (LAZ) as the most qualified based on the criteria outlined in the RFP. Experience operating similar programs in coastal cities is highly desirable considering the unique nature of the Trolley program. LAZ operated the City's recent Trolley program and is in good standing. Additionally, LAZ currently operates trolley programs for Laguna Beach, Laguna Niguel, Dana Point, San Clemente and Irvine. LAZ's total proposed not -to -exceed cost of $3,897,747 is broken into the following two components: 1. Capital cost includes procurement and setup of the five new trolley vehicles. The total cost is $1,671,553 and is detailed below: • The purchase cost of the five vehicles; • 25% deposit paid to the manufacturer at the time of vehicle purchase; • 7.5% financing interest to allow the procurement cost to spread over the seven-year grant period; • Finance fee for the vendor to carry the loan for the seven-year program; and • Performance bond for covering the trolley purchase (0.8% of the total procurement cost). 2. Operation/maintenance costs for seven years (2025-2031) totals $2,226,194. This cost includes providing turn -key transit operations, including but not limited to the following items: • Provide personnel recruitment and management to furnish vehicle drivers and a supervisor; • Perform necessary transit vehicle preparation (certification, inspection, routine and preventative maintenance, and fueling); • Provide necessary hardware and software for trolley vehicles for real-time GPS tracking and passenger information systems user app; • Provide an automatic passenger embarking/disembarking counting system; and • Provide an online customer service satisfaction and survey feedback tool. LAZ has confirmed the long lead time (12-14 months) to manufacture the trolley vehicles. To ensure alignment with grant funding, the program is required to operate in the summer of 2025 while the vehicles are being manufactured. Therefore, the program will utilize leased van shuttles for summer 2025 with anticipation of utilizing the new trolley vehicles beginning in the summer of 2026. 13-3 Approval of Professional Services Agreement with LAZ Parking California, LLC for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services November 19, 2024 Page 4 During the seven-year program, LAZ will own, operate and maintain the trolley vehicles. The trolleys may only be used at the discretion of the City pursuant to the agreement. The agreement allows for use of the trolley vehicles outside of the Peninsula Trolley program for special events or operation as desired by the City. An additional operation fee will be negotiated with LAZ for operation services for such events, and an amendment to the agreement may be necessary at that time. The trolleys will be stored at a City facility when they are not in use. The ownership of the trolley vehicles will be turned over to the City at the conclusion of the program. On September 23, 2024, the OCTA Board of Directors awarded the City grant funds for seven years of Trolley operation, procurement of five trolley vehicles and initial marketing funds. The grant funding is part of the 2024 OCTA Measure M2 Project V. Grant funding and is detailed in the table below. OCTA Grant Award (7 years) LAZ Total Not -To -Exceed Costs $3,897,747 Initial Marketing (First Year) $18,000 Total Project Cost $3,915,747 Total Grant Funds $3,274,720 Total City Match $641,027 Match Rate (Grant/City) 83.63%/ 16.37%* *Final grant reimbursement and match rate will be based on actual expenditures. FISCAL IMPACT: The proposed Budget Amendment appropriates $3,274,720 in additional revenue from OCTA and $3,915,747 in increased expenditures. The revenue will be posted to the Measure M Competitive account in the Public Works Department, 1230053-431150- 25T13, and the purchase will be expensed to CIP Expenditures accounts in the Public Works Department, 1230053-980000-25T13 and 01201938-980000-25T13. The City is required to provide matching funds in the amount of $641,027, which equates to a match of approximately 16.37% and is funded from General Fund CIP unappropriated fund balance reserves. General Fund CIP fund balance reserves currently amount to approximately $1.2 million, which is sufficient to fund the required match associated with the purchase of five trolley vehicles and seven years of trolley operations. 13-4 Approval of Professional Services Agreement with LAZ Parking California, LLC for Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services November 19, 2024 Page 5 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Professional Services Agreement Attachment B — Budget Amendment 13-5 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT WITH LAZ PARKING CALIFORNIA, LLC FOR BALBOA PENINSULA TROLLEY TRANSIT OPERATIONS AND VEHICLE PROCUREMENT SERVICES THIS PROFESSIONAL SERVICES entered into as of this 19th day of Novemb the CITY OF NEWPORT BEACH, a Calif ("City"), and LAZ PARKING CALIFORNIA, ("Contractor"), whose address is One Fina and is made with reference to the following: AGREEMENT ("Agreement") is made and ;r, 2024, ("Effective Date"), by and between rnia municipal corporation and charter city _LC, a Connecticut limited liability company icial Plaza, 14th Floor, Hartford, CT 06103, RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. On January 23, 2024, the City Council adopted Resolution No. 2024-4, authorizing the City to apply for Orange County Transportation Authority's ("OCTA") Community Based Transit/Circulators Program (Project V) to utilize Measure M2 funding to support the City's Balboa Peninsula Trolley and Balboa Island/Corona del Mar Local Transit project. C. City desires to engage Contractor to provide Balboa Peninsula Trolley transit operations, and vehicle procurement of five trolleys, for operations planned to begin in the summer of 2025 ("Project"). D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. E. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on October 7, 2031, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A, ("Services" or "Work"), in accordance with the 13-6 Route Map attached hereto as Exhibit D, and the Trolley Upgrades and Options attached hereto as Exhibit E, all of which are incorporated herein by reference. City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section, the Schedule of Billing Rates attached hereto as Exhibit B, and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Three Million Eight Hundred Ninety Seven Thousand Seven Hundred Forty Six Dollars and 55/100 ($3,897,746.55), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. LAZ Parking California, LLC Page 2 13-7 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate and provide a full-time Project Manager, who shall provide overall management and supervision of operations and shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor's Project Manager shall have a minimum of five (5) years of experience in public transportation operations including at least three (3) years' supervisory experience. A bachelor's degree in a related field from a four (4) year college may substitute for two (2) years of transportation experience and one (1) year of supervisory experience. 5.2 The Project Manager must have completed the Transit and Paratransit Management Certificate Program sponsored by the California Association for Coordinated Transportation (CalACT), Caltrans, Access Services, and which is currently offered through Pepperdine University, or a similar certification or degree program. Alternatively, the General Manager may enroll in such program and complete the certificate requirements within 18 months following approval by the City of the General Manager candidate. Contractor shall pay the cost of participation in the certificate program, or approved alternative. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. LAZ Parking California, LLC Page 3 13-8 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 Except to the extent caused by the City's negligent acts, omissions, or willful misconduct, City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Services or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder, or for damage to property from any cause arising from the performance of the Services by Contractor, its subcontractors, workers, suppliers or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause to the extent arising from the negligent acts, omissions, or willful misconduct of Contractor, its subcontractors, workers, suppliers or anyone employed by either of them. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to LAZ Parking California, LLC Page 4 13-9 property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. LAZ Parking California, LLC Page 5 13-10 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Additionally, all material posted in cyberspace by Contractor, its officers, LAZ Parking California, LLC Page 6 13-11 employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor, and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Contractor shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Contractor's Documents provided under this Agreement. 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. LAZ Parking California, LLC Page 7 13-12 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Contractor, the additional design, construction and/or restoration expense shall be borne by Contractor. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. LAZ Parking California, LLC Page 8 13-13 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Mario Montenegro LAZ Parking California, LLC One Financial Plaza, 14th Floor Hartford, CT 06103 26. CLAIMS Unless a shorter time:Js specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. 27.3 With the exception of trolley procurement payments which are addressed in the next section, in the event of termination for any reason, City shall pay Contractor for LAZ Parking California, LLC Page 9 13-14 Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all goods, reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27.4 In the event of termination for any reason prior to the completion of all payments for trolley procurement, the following shall occur in the stated order: (a) within fifteen (15) days of the effective date of termination, Contractor shall ensure that the amount of all payments made by the City for the procurement of the trolleys (not including LAZ Admin fees or Performance Bond fees) have been credited toward the trolley procurement debt; (b) thereafter, Contractor shall provide the City with a written payoff quote from the financing entity to pay off the remaining balance of the trolley procurement debt; and, (c) within thirty (30) days of approval of the quote by the City, the City shall pay the remaining debt for all trolleys that have been delivered to and accepted by City. After the trolley procurement debt has been fully satisfied and all liens and encumbrances on the trolleys have been satisfied and released, the City will provide written notice to Contractor that the performance bond may be released. Contractor shall not release, cancel, or terminate the performance bond until the City has provided written notice in accordance with this section. This section shall survive the termination of this Agreement. 28. WARRANTY Contractor warrants that at the time the trolleys are delivered to the City, the trolleys shall be free of liens or encumbrances, and shall be of merchantable quality and fit for the ordinary purposes for which it is intended to be used. In addition to any remedies provided by law, Contractor agrees to indemnify, defend and hold the Indemnified Parties, as identified in this Agreement, harmless from any liability, loss, damage or expense, including reasonable attorneys' fees, arising out of or related to the failure of the trolleys to conform to this warranty or non-compliance with any applicable law. 29. CHARGES AND LIENS Contractor shall pay promptly all indebtedness for labor, materials and equipment used in performance of the Services. Other than liens or other security interests that arise out of the purchase or financing to acquire the trolleys, Contractor shall not permit any other lien or encumbrance to attach to the trolleys, and if any does so attach, Contractor shall promptly procure its release, and indemnify, defend, and hold City harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 30. RISK OF DAMAGE OR LOSS TO GOODS Until title and possession of the trolleys are delivered to and accepted by the City, Contractor shall bear the risk of damage or loss to the trolleys, and shall obtain and maintain insurance to cover the risk of damage or loss to the trolleys, which policies shall be in conformance with the insurance requirements set forth in Exhibit C attached hereto. LAZ Parking California, LLC Page 10 13-15 31. CHANGE OF OWNERSHIP Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Agreement, the new owners shall be required under terms of sale or other transfer to assume Contractor's duties and obligations contained in this Agreement and complete them to the satisfaction of City. 32. FREIGHT (F.O.B. DESTINATION) The total compensation set forth in this Agreement includes shipment and delivery of trolleys to a designated City location. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all goods under this Agreement. 33. PERFORMANCE BOND 33.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a Faithful Performance Bond in the amount of One Million Twenty Four Thousand Six Hundred Sixty Four Dollars and 84/100 ($1,024,664.84), in the form attached hereto as Exhibit F which is incorporated herein by this reference. The Faithful Performance Bond shall be issued by an insurance organization or surety that is: (a) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California; (b) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (c) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property Casualty. Contractor shall deliver, concurrently with execution of this Agreement, the Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 33.2 Contractor may obtain replacement bonds at any time that fully comply with the requirements of this Section. Previously issued bonds shall not be released, cancelled or otherwise terminated until such replacement bonds have been approved as to form by the City Attorney. Such replacement or revised bonds shall be at no cost or expense to City. 34. TAXES The total compensation set forth in this Agreement includes any and all applicable taxes and fees, including federal, state and/or local sales or use taxes. Contractor agrees, and is solely responsible for, the proper submission of any and all applicable federal, state and/or local taxes and fees to the appropriate taxing entity. 35. STANDARD PROVISIONS 35.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. LAZ Parking California, LLC Page 11 13-16 35.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 35.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 35.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 35.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 35.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 35.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 35.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 35.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 35.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. LAZ Parking California, LLC Page 12 13-17 35.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] LAZ Parking California, LLC Page 13 13-18 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I By: (�> on C. Harp Ofty Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments: Exhibit A Exhibit B. Exhibit C Exhibit D Exhibit E Exhibit F CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: LAZ PARKING CALIFORNIA, LLC, a Connecticut limited liability company Date: Bv: Michael Kuziak Chief Operating Officer [END OF SIGNATURES] Scope of Services Schedule of Billing Rates Insurance Requirements Route Map Trolley Upgrades and Options Faithful Performance Bond LAZ Parking California, LLC Page 14 13-19 EXHIBIT SCOPE OF SERVICES LAZ Parking California, LLC Page A-1 13-20 EXHIBIT A SCOPE OF SERVICES Contractor shall provide Balboa Peninsula trolley transit operations for the duration of this Agreement, and vehicle procurement services. The following is a list of transit operations and trolley vehicle procurement services that Contractor shall provide. 1. Provide turn -key high quality transit operation services per this scope of services. Contractor shall utilize its existing shuttles to provide the services to the extent that the new trolleys (set forth below) are not yet available for use. As each new trolley becomes available, Contractor shall utilize the new trolly instead of its existing shuttle(s). 2. Supply drivers who have obtained all necessary licenses and certifications, including but not limited to, valid commercial driver's licenses, pertinent certifications/training, and applicable experience for the transit operation. 3. Provide all personnel recruitment, hiring, disciplinary (and if necessary) firing, and manage all personnel aspects of drivers and other employees necessary for the transit operations. 4. Procure five (5) new passenger trolley vehicles on behalf of City and amortize the associated cost over seven (7) years. After the completion of the seven (7) year amortization term, Contractor shall transfer title and possession of the trolleys to the City. Price for trolleys shall be itemized and be calculated by inclusion of all costs, including but not limited to, financing, manufacturer cost for construction, delivery and licensing, taxes, inspection and other fees and costs to furnish trolleys in an operable manner. The aforementioned fees and costs shall be tabulated into the Trolley Pricing Schedule (see Exhibit B to this Agreement). Until title and possession passes to the City as set forth herein, Contractor shall: a. Retain title and possession of the trolleys; b. Maintain current registration of the trolleys in Contractor's name; c. Maintain the trolleys in a clean, orderly and operable condition; d. Operate the trolleys in a professional and courteous manner; e. Operate the trolleys only pursuant to this Agreement or as directed by City. Contractor shall provide City with copies of the sales contract, financing contract, vehicle registration, and proof of insurance upon procurement of the trolleys. 5. Contractor shall facilitate the order process with the basic requirements below and selection of representative factory trolley upgrades and options as detailed in Exhibit E to the Agreement. The list of upgrades and options is preliminary. Contractor may offer additional options that, based on their experience, will enhance the service. 13-21 Upgrades and Options shall be approved by City in writing prior to procurement. Base unit without upgrades or options is as follows: a. Make 1 Model: Hometown Manufacturing 1 Villager 158 (or approved equal) b. Length: 24 feet c. Wheelbase: 158 inches d. Seated Passenger Capacity: 22 (minimum) e. Fuel type: Compressed Natural Gas (CNG) f. Chassis build on 22,000 pound GVWR g. Wheels: 19.5 inch 6. Project V Branding. Trolleys shall be labeled with M2 (OC Go) decals. Contractor shall coordinate with City in regard to the sizing, placement, and furnishing of decals to ensure compliance with OCTA Project V funding guidelines. An example of the M2 OC Go logo is shown as follows: lat OCTA OCGO Local Tax Dollars at Work 7. Prepare trolley vehicles for operation, including but not limited to, facilitation of all vehicle certifications, inspections and related items necessary to provide the intended service. 8. Provide all necessary hardware and software for all trolley vehicles for a computer -aided dispatch/automatic vehicle location (CADIAVL) system for real-time GPS tracking, dispatching, and passenger information systems. 9. Provide an automatic passenger embarking/disembarking counting system for real-time and report -generating purposes. 10. Provide for an online customer satisfaction and survey feedback tool for duration of service. 11. Provide all trolley fueling, routine and preventative maintenance (includes labor and parts), insurance, and interior cleaning as part of turn -key operation. 12. Provide proper routine and preventative maintenance (includes labor, parts, records and reporting) in order to keep the vehicles in good working order and comply with the mandatory Department of Transportation/Department of California Highway i% 13-22 Patrol (DOT/CHP) inspections conducted every 45 calendar days via a mobile mechanic or off -site servicing during both summer operational and off-season non -operational periods. 13. The City to provide year-round storage for all trolleys. 14. Specifics for Balboa Peninsula Trolley Service (summer operational period): a. Weekend operation (Saturdays and Sundays) and holidays: Memorial Day, Independence Day, and Labor Day. There may be an occasional extra operational day depending on which day of the week the Independence Day holiday falls (i.e. operating the trolley on a Friday after a Thursday 4t" of July Holiday). b. Operational hours: 10:OOAM-9:30PM c. Typical four (4) trolley operation with additional one (1) trolley, for total of five (5) trolleys during peak periods such as on holidays. Based on demand, the number of vehicles in operation vary from 2 to 5 trolleys. Contractor will provide schedule based on demand. d. Proposed trolley route (see route map and stops in the Route Map, Exhibit D to this Agreement). The route is subject to changes, adjustments, addition or subtraction of stops during the duration of the agreement. e. Total of twenty-two (22) trolley stops along trolley route with a target headway of approximately 15 to 20 minutes. The number of stops is subject to change with commensurate route changes. Roundtrip total mileage is approximately 7 miles. This distance is subject to change with commensurate route changes. 15. The City reserves the right to request the operation of the trolley vehicle(s) for special events with Contractor to provide all necessary staffing for proper transit operations. 16. Contractor will provide to City all necessary documentation, including but not limited to, ridership data, revenue vehicle miles and hours in compliance with the proper OCTA Project V reporting requirements. 17. The City reserves the exclusive right to the branding of the Trolley and for advertising material, if any, on the interior and/or exterior of the vehicle. Contractor shall not install any advertising unless directed to by City. 18. Emergency Service In the event of an emergency or natural disaster, Contractor shall make available, to the maximum extent possible, transportation and communications services and facilities to 3 13-23 assist City in ameliorating such incidents. To the extent City requires Contractor to provide such emergency services and facilities; Contractor shall be relieved of the obligation to fulfill the duties and responsibilities to operate the Services outlined in Attachment B. Further, Contractor shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon in writing by Contractor and City following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. 19. Scheduled Layover The schedules shall include at least one ten (10)-minute break within each four (4)-hour block of operating time. Contractor shall be responsible for providing all breaks and meal periods to its employees as required by federal, state, and local laws. 20. Law Enforcement Contractor shall be responsible for timely and efficient communication with local law enforcement agencies regarding crimes committed in the scope of providing services in the Agreement. Contractor shall be responsible for the first line of response for any non - safety and policy violations committed onboard Vehicles. 21. Vehicle Operator Requirement a) Proper Licenses — All Vehicle operators must have a current, valid Class B license with Passenger Endorsement. City will not be responsible for payment of any traffic ticket fines incurred by any Contractor's employees. Contractor shall be responsible for the total cost of repairing physical damage to buses that occurs under Contractor's control, whether or not Contractor's employees were at fault. b) Contractor ID Cards — Contractor shall produce ID cards for each of their employees which contain the following: • Employee Name • Employee Photo • Employee Position • Employee Number (format to be determined by City) • Contractor Name All Contractor employees must wear the badge at all times while providing Services under this Agreement. 4 13-24 22. Background Check Contractor shall use appropriate employee screening and selection criteria to assure the employment of the best qualified applicants' available, emphasizing competence, courtesy, reliability and good customer services skills. These criteria shall include but not be limited to checking an applicant's driver's license records through the California Department of Motor Vehicles, pre -employment physical examinations, and drug/alcohol screening tests. Contractor shall make all reasonable efforts to ensure that employees having contact with the public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or of a crime involving moral turpitude during the time of his/her employment shall not be permitted to continue to hold a position of employment involving contact with the general public. Contractor shall conduct a "Live Scan" Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) check to determine criminal background of employees. The background checks must be completed every two (2) years by the Contractor. 23. Vehicle Operator Responsibilities In addition to the safe operation of the Vehicle, Operators must also perform the following duties: • Operate wheelchair lift and secure wheelchair passengers • Clearly call out bus stops (which are time points, at major cross streets or OCTA transfer points) upon approach • Data collection as necessary • When requested, provide passenger assistance during boarding to alighting • Distribute tickets/brochures as requested by City. 24. Distribution of Materials Operators will, when requested by City, hand out notices to passengers or otherwise, render assistance in customer relations, promotion, marketing, monitoring and supervisory functions. 25. Passenger Counting Operators will record ridership counts by passenger and boarding location in accordance with procedures approved by City. 13-25 26. Pre -Trip Inspection Operators must conduct a pre -trip inspection prior to taking a Vehicle into Revenue Service. The inspection must meet the federal and state requirements for commercial Vehicles inspections. 27. Operator Training Contractor shall provide operator training and retraining that shall meet general accepted transit industry standards and in compliance with California Code of Regulations 13 (13 CCR) as it relates to transit bus Vehicle laws and regulations. An outline of the training program, including periodic updates, shall be on file in the office of the City's Administrator. All Operators, dispatchers, customer information personnel, and supervisor shall participate in the program. Driver training shall include the following minimum components: • Vehicle Operation — includes training on Vehicle orientation, safe bus operation, route and schedules orientation, and on -time performance. • Safe Vehicle Maneuvering • Defensive Driving — Training program must include the National Safety Council's defensive driving instruction. • Federal Drug & Alcohol Regulations — All necessary employees shall be trained about the requirements contained in the Department of Transportation (DOT) Drug and Alcohol regulations. • General Vehicle Handling and Safety • Passenger Assistance Techniques • Passenger Relations • Fare box Training • Americans with Disabilities Act (ADA) Requirements and Sensitivity Training — All drivers must be trained to comply with Title II of the Americans with Disabilities Act (ADA) of 1990, and any additional ADA or Federal Transit Administration (FTA) training or testing that may be required by law. 28. Vehicle Trainin All Contractor employees who are licensed to operate Vehicles must be trained to operate each type of Vehicle in fleet. Contractor shall provide a Vehicle Operations Manual to each one of these employees for each type of Vehicle in the fleet. Operators must also be trained on the ADA ramp/lift device and mobility device securement system for each Vehicle type. 13-26 29. Route Training Each Vehicle Operator will be trained on each Route operated by the Contractor for the City. This training must include driving each Route completely with a Road Supervisor or Trainer. 30. Operations Procedure Handbook Contractor shall prepare an Operations Procedure Handbook covering the duties performed by Operators, Dispatchers, and Supervisors. This Handbook shall include, at a minimum, the following subject areas: • Fundamental of Customer Service • Operator Rules • Accidentlincident Policies • Radio Policies and Procedures • Fog and Inclement Weather Policy • Vehicle Inspection Procedures • Vehicle Maintenance Policies • Dispatch Policies & Procedures • Telephone Procedures 31. Field Supervision Responsibilities Contractor shall provide onsite supervision as proposed to monitor Operators and Vehicles and assist Operators in revenue service, including assistance with special events, accidents, route deviations and emergencies. a) Pull -Out Inspection -A supervisor must be present at the Contractor facility whenever a scheduled Vehicle pull-out is made. The on -duty supervisor must complete and sign the daily Pull -Out Report. b) Accidents - All traffic accidents involving transit system Vehicles, irrespective of injury, shall be immediately reported to the appropriate law enforcement agency. City's Project Administrator shall be notified in writing by Contractor of all accidents and incidents resulting in loss or damage to Contractor's supplied property within twenty four (24 hours). In cases involving injuries where person(s) are transported for medical attention, the Contractor shall notify City's Project Administrator immediately. Contractor shall have an accident investigation program that identifies the roles and responsibilities of the individuals responsible for investigating 13-27 accidents, including notification, response, and investigation. The accident investigation program must be designed to identify the root cause of accidents and provide a path to eliminate the root cause and prevent similar types of accidents in the future. Contractor will request that the law enforcement agency respond to investigate the accident, Contractor will supply City with copies of all accident and incident reports and photos within twenty-four (24) hours of occurrence. As part of any traffic accident report, Contractor must also complete a City Accident Form (or City approved accident form) for inclusion in the permanent Vehicle file. c) Incidents - Contractor is responsible for responding to passenger incidents. All incidents must be logged and a corresponding report must be filed d) On -Time Performance checks - Contractor shall conduct checks on a random basis and compile the performance data monthly. At least fifty (50) checks must be completed monthly. e) Operator Performance Reviews - Contractor shall conduct performance reviews of each Operator on an annual basis. f) Detours and Temporary Stops - Contractor will deviate from established routes when necessary to avoid construction, detours, and Vehicles or other obstructions within the public right of way. Contractor is responsible for routing of any detours and must post temporary out -of -service signs at stops as necessary. Contractor shall notify City of such obstruction caused deviation(s) as soon as is practicable upon learning that the deviations are or may become necessary. 32. Dispatcher Responsibilities Contractor shall provide a dispatch supervisor during all hours of operation. Dispatchers must be trained on all current operating procedures and schedule materials. 33. ADA Backup Service If any mobility impaired passenger is not able to board due to broken equipment or for any other reason, the driver must inform the passenger the reason why they cannot be accommodated and when and how alternative transportation will be provided. The driver must immediately report the problem to dispatch by radio or bythe most immediate means available, so that the problem can be immediately resolved. 13-28 34. Restroom Facilities Contractor is responsible for determining restroom locations for Operators to use during layover and recovery time. Contractor must provide a list of these locations to City for every layover/recovery location. Contractor is responsible for any cost associated with agreements with local businesses or agencies to use their restroom facilities. 35. Vehicle Maintenance Requirements Contractor shall not defer maintenance and repair for reasons of shortage of maintenance staff or operable buses, nor shall service be curtailed for the purpose of performing maintenance and repair without prior written consent of City. Contractor shall adjust the work schedules of employees as necessary to meet all scheduled services and complete preventive maintenance and repair activities according to the schedule approved by the City. 36. Vehicle Towinq In the event that towing is required due to mechanical failure or damage, Contractor shall be responsible to provide towing at Contractor's sole expense. 37. Maintenance Records As required by California Code of Regulations 13 (13 CCR), Contractor shall maintain a current Vehicle file in chronological order. At a minimum, the following information must be kept in this file: a) Maintenance Repair Work Orders b) Preventive Maintenance Schedule Reports c) Operator's Defect Report (Pre -operation and Maintenance Record cards) d) Report of Trouble e) Quality Assurance Inspection Reports f) California Highway Patrol (CHP) Terminal Inspection Reports g) Vehicle Smoke Emissions records All maintenance work orders and report files shall become a permanent part of the Contractor's file. Records shall be made available to City or its representative, the CHP and /or such other regulatory agencies with jurisdiction when requested. Original copies of all such records shall remain on file at all times at the Contractor's local facility. Contractor shall provide the original copies to City at the termination of the Agreement. E 13-29 38. Wheelchair-Lift/Ramp/Securement Systems Contractor will ensure that Wheelchair Lifts, Ramps, and Securement Systems are operational on all Vehicles in the fleet. All broken systems must be repaired within 24 hours. 39. Climate Control Contractor shall maintain the heating and air conditioning units in proper working condition so that they are available at any time during the service hours and offer the most comfortable environment inside the Vehicle regardless of the outside climatic conditions. Contractor shall require that drivers continually monitor climate control units during the day to ensure that they are operating properly. In-service Vehicles without working heating or air conditioning will be exchanged within one round trip or sooner. 40. Destination Siqns All Vehicles provided under the Agreement will have LED route signs identifying Vehicle such as "Balboa Peninsula Trolley", to be approved by City. Non -LED signs are acceptable during the Original Term. 41. Communication System Contractor shall maintain their two-way radio system in compliance with all applicable federal statues, regulations, and licensing conditions. Contractors must have a sufficient stock of handheld radios to cover for time when a specific radio is not functioning. 42. Fire Suppression Equipment Contractor is responsible for obtaining regular certifications as required for fire extinguishers and fire suppression equipment installed on the Vehicles. 43. Engine, Transmission and Differential Contractor shall be responsible to monitor the condition and performance of Vehicle engines, transmissions and differentials so as to maximize useful life and avoid costly catastrophic failures. At a minimum, the Contractor's monitoring program shall consider miles accumulated; fuel, oil transmission fluid and differential oil consumption trends; loss of power, and erratic performance. In addition, Contractor shall perform a laboratory analysis of engine oil at every oil change, laboratory analysis of transmission fluid and differential oil every four (4) months, or when necessary to assist in the diagnosis of a mechanical problem. Engine, transmission and differential overhaul shall be performed by a factory authorized repair shop, approved by City or its representative in advance of work, using only Original Equipment Manufacturer (OEM) parts and OEM minimum overhaul standards. 10 13-30 44. Vehicle Appearance Contractor shall maintain Vehicles in a clean and neat condition at all times. A record of interior and exterior Vehicle cleaning shall be maintained in the Contractor's office, or other designated location. Different from most other transit agencies, passengers on the City service will be allowed to take food and drink on -board Vehicles. The following cleaning procedures must be completed during the intervals noted: a) Daily Cleaning: • Graffiti removal Vehicle Sweeping • Litter & Debris Removal • Spill Cleaning • Exterior Washing b) Weekly Cleaning: • Interior Vehicle Cleaning c) Monthly Cleaning: • Rubber Preservative Treatment d) Quarterly Cleaning: • Deep Cleaning • Waxing e) As -Needed Cleaning: • Fumigation • Seat Cleaning or Replacement 45. Body Damage Contractor is responsible for repairing all Vehicle body damage in a timely manner. Should the Vehicle need extensive body repairs, Contractor shall provide City with a timeline for the repairs to be completed. Body damage must be repaired within seventy- two (72) hours of occurrence. 46. Exterior/Interior Advertising City reserves the exclusive right to place advertising material on the interior and/or exterior of the Vehicles. Contractor shall not install any advertising material on the interior or exterior of the Vehicles except as directed by City. ii 13-31 Contractor shall cooperate with City's advertising vendor and shall make reasonable efforts to allow the vendor to install and remove advertising at Contractor's maintenance facility. Any revenue derived from advertising shall be the sole property of City. 47. Vehicles Paint & Decals Contractor must paint all damaged Vehicles to match the original color scheme. Contractor shall also procure a supply of decals to replace any damaged decals during the term of the Agreement. 48. City Vehicle Inspections City shall have the right to inspect any and all Vehicles or cause same to be inspected at any time, with or without prior notice to Contractor, provided, however, that unless City determines in its sole discretion that emergency conditions or factors affecting safety or security require otherwise, City shall give at least twenty four (24) hours' notice of any such inspection. 49. Vehicle Out -Of -Service Criteria & Procedures Contractor's Vehicles providing service under this Agreement may be taken out -of -service by City or CHP personnel in compliance with the North American Uniform Out -of -Service Criteria and Title 13 of the California Code of Regulations. The most current version published shall be used at all times. Contractor must have a physical lockout device to render a Vehicle immobile when Out - of -Service. Contractor must receive permission from City staff prior to placing the Out - of -Service Vehicle back into Revenue Service. Contractor will not be paid and will be assessed penalties for any Revenue Service operated by a Vehicle designated as Out - of -Service. 50. CHP Terminal Inspection Contractor must make all Vehicles available for inspection by the CHP as necessary. Contractor must also follow CHP maintenance record guidelines and make all records available for inspection. Contractor must notify City within twenty four (24) hours following a CHP inspection. 51. Contractor Recommendations Contractor shall continually monitor operations, facilities and equipment and shall, from time -to -time and as warranted, advise City and make recommendations to it upon observed deficiencies and needed improvements. City shall retain all authority, however, to make determinations and to take action on such recommendations. 12 13-32 52. Safety Program Contractor shall assume full responsibility for assuring that the safety of passengers; operations personnel and all Vehicles and equipment are maintained at the highest possible level through the term of the Agreement. Contractor shall comply with all applicable CHP and Occupational Safety and Health Administration (OSHA) Requirements, and shall furnish City upon request with copies of annual CHP Vehicle/equipment inspections and CHP safety compliance reports, including Pull Notices. Contractor shall develop, implement and maintain, in full compliance with California Law, a formal safety and accident prevention program including periodic safety meetings, participation in safety organizations, safety incentives offered by Contractor to Operators and other employees, and participation in risk management activities under the auspices of Contractor's insurance carrier or other organization. Contractor shall provide a copy of said Safety Program and subsequent program updates to City or its designated representative. Contractor shall participate in the State of California Department of Motor Vehicles "Employer Pull Notice Program" for appropriate monitoring of employee driver license activity. Contractor will require all Operators, control room personnel, Vehicle maintenance and repair mechanics, and supervisors to participate in the Safety Program. 53. Data Collection/Reporting In addition to any other reports required by law, Contractor is also responsible for providing the following reports at the interval as outlined. Reports shall be provided to City in email format unless requested otherwise. a) Daily: • Vehicle Assignment List— Shows which Vehicles are assigned to each route/run and reason deviations from normal assignment list. • Down Vehicle List — Shows which Vehicles are not available for service, reason, and anticipated date for return to service. • Pull -Out Report — Includes pull-out time for each Vehicles and status of system components. • Service Interruption Summary — Brief description of any service interruptions with reason and steps taken to fix. b) Monthly: • Monthly invoice 13 13-33 • Employee roster — List of positions and current assigned employees. If a position is open, a description of steps being taken to fill the position. • Preventive Maintenance Report — Log of preventive maintenance status by Vehicle and component. • Accounting Data — Contractor shall collect, record and report to City on a monthly basis all accounting data in accordance with Section 99243 of the California Public Utilities Code, as is now in force or may hereafter be amended. All worksheets and detail information used to prepare these reports shall be available upon request. Each monthly accounting report shall be provided to City within one (1) month after the close of the month. • Operational Data — Contractor shall collect, record and report all operational data required by City in a format approved by City and which meets OCTA requirements. Such data shall include, but is not limited to, statistics required under the California Transportation Development Act, as amended, statistics required by the FTA under the Section 5310, 5311, and 5311(f) grant programs, passenger count data by fare category, Vehicle hours, Vehicle miles, Vehicle revenue hours, Vehicle revenue miles, passengers per hour, mobility device boardings. c) Annually: • National Transit Database (NTD) Report — Additional data as needed for City to complete report. d) As -Needed: • Accident Report(s) • Incident Report(s) • CHP Basic Inspection of Terminals (BIT) Inspection Report(s) • Passenger Load Report(s) e) Contractor Report for City Review: • Dispatch Log(s) — Detailed dispatch log(s) • Road Supervisor Log(s) — Daily summaries of work completed by each road supervisor. 54. Lost & Found Contractor shall be responsible for storing lost and found items in a secured location for thirty (30) days. Contractor shall keep a log containing information about who found the item, where it was found, and the date and time it was found. After thirty (30) days, Contractor is required to donate any unclaimed items to a local charity. 14 13-34 Special Provisions City's Right to Audit City's Project Administrator or his/her designee reserves the right to audit the Contractor's compliance with all of the terms and conditions of this Agreement at any time. 2. Access to Facilities City shall be permitted to observe and inspect any or all of the Contractor's facilities and activities during Contractor's usual and customary business hours for the purposes of evaluating and judging the nature and extent of Contractor's compliance with the provisions of this Agreement. In such instances, City's representative(s) shall not interfere with or dispute such activities. 3. Disputes Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by City's Project Administrator. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to City's Project Administrator. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of City's Project Administrator shall be binding upon Contractor and Contractor shall abide by the decision. 4. Rights and Remedies The duties and obligations imposed by the Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitutes an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 5. ADA Accessibility & OCTA Requirements Vehicles shall be ADA accessible and must meet with all OCTA Grant Requirements. 6. OCTA Grant Fund Requirements Contractor is aware that loss of grant funds from the Orange County Transportation Authority will result in termination of subject contract. OCTA grant requirements general include: 15 13-35 • Service shall meet or exceed minimum standard of 10 boardings per Vehicle hour on average, which must be achieved within the first 12 months of operation and every year thereafter. • Separate and distinct operating hours and cost must be provided in the detail and as requested by the City, OCTA and FTA if applicable, e.g. Vehicle hours, total boardings, boardings per revenue hour, operating costs, net operating costs (less fares, if any), etc. • Allow inspection and audit of records. • Operator shall indemnify City against liability for operation, equipment failure, etc. • Termination for convenience within 60-days' notice. • Compliance with all applicable federal, state and local laws and licenses. • Meet all ADA accessibility requirements. R-11 13-36 Cover Letter July 2"d, 2024 Newport Beach Eric Loke, Senior Civil Engineer Public Works Department, Bay D, 2nd Floor 100 Civic Center Drive Newport Beach, CA 92660 RE: RFP NO 24-77, Balboa Peninsula Trolley Transit Operations and Vehicle Procurement Services Dear Eric Loke, On behalf of the entire LAZ Transportation family, our local Southern California team, and our National Transportation Services group, we are honored to present the enclosed proposal to operate City of Newport Beach Trolley Transit Operations. We are very grateful for the opportunity to participate in this process and guarantee, that should LAZ be fortunate enough to continue as your transportation partner for this project, we will bring the same customer -centric and dedicated management oversight we have delivered to the City of Newport Beach over the years. LAZ and its management team understands the scope of work for this project and has ensured the following in this proposal: • Project Specific Details • General work Program / Core Competencies • Quality Budget Control • Hiring Process • Staff Breakdown • Cost Proposal We have read and understood all the terms and conditions set forth in the Request for Proposal documents, as well as the information presented in the Questions and Answers document posted. We have been authorized to bind LAZ Transportation to this proposal and contract. Our services, methods, and technology solutions support our municipal clients by helping them realize dramatically increased customer service, lower operational costs, a quality -maintained fleet, and greater public confidence in transportation management services. We are excited to continue our partnership with The City to operate its Trolley Operations Services and to share its success. Balboa Peninsula Trolley Transit Operations �z & Vehicle Procurement Services Cover Letter i RFP No 24-77 13-37 0 By partnering with LAZ Parking, the City of Newport Beach will receive: • A safety focused professional team with extensive transportation experience • A large resource base of support — locally and nationally • Unmatched technology and fleet maintenance experience • A transparent reporting and management style • A customer first attitude and a clear understanding of performance management • A strategic alliance with a vision to collaborate on initiatives, services, and technology In closing, we want to say thank you once again for the opportunity to present this proposal. We are hopeful that we will be afforded the privilege of continuing our long-term and successful partnership operating the Trolley Transit Operations for many years to come. Sincerely, Jared Svendsen Senior Vice President, Southwest Region 757 Union Street San Diego, CA 92101 C: (619) 261-7622 Jsvendsen(�lazparking.com 6�40 - //9-0- PAULA HENRY Vice President, Transportation Services 1200 Wilshire Blvd, Ste. 100B Los Angeles, CA 900171 C: (747) 254-9400 phenryglazparking.com Balboa Peninsula Trolley Transit Operations LM& Vehicle Procurement Services 2 Cover Letter I RFP NO 24-77 13-38 ix�t�t� 4�reaiP pportunities.forour . t ,1r•�•tijj j 1Z•i �liq [[II)`�i H � for our clients. .1 i�y , ], �f .1',(rdawirr rin lrPrYut ., _.. �.,11r,a,rAW44 r...� = ....................... 111113 1 ........ ................... .-7A'fSitl�?ate ^�• Xs' � `� ' " s.iz::isi: Table Of Contents NEWPORT BEACH RFP NO 24-77 BALBOA PENINSULA TROLLEY TRANSIT OPERATIONS & VEHICLE PROCUREMENT SERVICES Coverletter ........................................................................................................................................................1 TableOf Contents...............................................................................................................................................1 CompanyQualifications...................................................................................................................................... 2 CoreCompetency 1: Culture...........................................................................................................................................................2 Core Competency 2: Performance............................................................................................................................I....................4 Core Competency 3: Fleet Efficiencies..........................................................................................................................................6 PrWr*.............................................................................................................................................................. L. 7 Organizational Information.................................................................................................................................. 8 StaffingPlan & Organization Chart .................................................................................................................................................8 Local& Regional..............................................................................................................................................................................8 Meet The Team.................................................................................................................................... ...................................... ......8 Proposed Organizational Chart For The City Of Newport Beach..................................................................................................9 References/Recent Project History...................................................................................................................10 Trolley Services For The City Of Dana Point, Ca.........................................................................................................................10 Trolley Services For The City Of San Clamente, Ca ........... ............... .................. .............................................. .............. I ........ —10 Shuttle Services For The City Of Mission Viejo, Ca.....................................................................................................................10 Certificateof Insurance.....................................................................................................................................11 Attachments...................................................................................................................................................... 12 Balboa Peninsula Trolley Transit Operations & Vehicle Procurement LM Services Table Of Contents I RFP NO 24-77 13-39 Company Qualifications The general approach and plan for OperatioMi The City of Newport Beach operation cultul will be focused on our core operational competencies, which are the most important attributes to the success of our trolley operations. CULTURE & EMPLOYEES EmpFoyee First Environment These competencies have three ✓ Community Based Nagrama ✓ Customer Service Focus components that provide the RAVES and Incentives ✓ enandd Working Condition foundation for a safe effective and r t Safety = Safety and Training Tr Cw am Tad m Classroom BTAW, Wab Based efficient operations plan. Our • Drlvor gadopnwM Program Coaching—Pwarvelnteraaia extensive experience in managing With 116— Grosa Tra ningof Stag • Pen -time Employees trolley operations in Orange County proves our knowledge of understanding what it takes to provide a successful service. Core Competency 1: Culture •BALBOA PIER - OPERATIONAL PERFORMANCE ✓ Technology and Telematfas Platform • Routing and Dispatching • Custom KP1 Messuromsnt Systwn • custom RePorWDashboad ✓ gommunlmjUon • Daily Driver/Managoment Interaction • Accomtahility Through Transyo q WBekfy CilMt Meotings Reports - DTP and KPI Rate. • tncldent/Accidmi Analysis FLEET EFFICIENCIES ✓ Elect Management Systems camera Syetems • Tafsmatics, Fuel, and V.W. Repods • Fleet M n gamani KPl's ✓ Utilization and Sustainabifity • Raalicn and Vehicle Viability systems • Routi. .d Prrdarr PM • Idling Redgctlon Program • All —tire Fuel Options Our most important asset is our people. Therefore, one of the most important components of the LAZ Transportation Trolley Operations Plan starts with the selection of the management team and all other team members. In the Employee Recruiting and Training Program section, we describe the hiring process, training programs, retention and building morale programs and benefit programs, with safety and service atthe forefront of training and operations. To ensure that we are hiring and retaining the best employees, we have developed an extremely comprehensive program for employee recruitment, selection, training, motivation, and development. We will provide Newport Beach with employees who will successfully perform theirjobs. LAZ believes that it is critical for frontline employees to have strong communications skills, demonstrate professionalism and courtesy. Standards Of Behavior Actively looking for ways to help people, effectively communicate customer requests to prevent multiple/repeated requests from the customer, be efficient and organized, personalize the interaction in any way and engage the customer as individuals- Maintain a gracious tone and pace throughout the interaction, avoid slang and excessive use of phrase -fragments, make eye contact and keep focus on the Balboa Peninsula Trolley Transit Operations & Vehicle Procurement LM Services 2 Company Qualifications i RFP NO 24-77 13-40 customer. Save energy and time by taking less steps, create less stress by being in control of the situation and working proactively. Always smile, never, ever give up and before your shift, always be prepared (ABP) with the proper tools. We would work closely with you to ensure that the service LAZ is providing at the trolley operations is meeting or exceeding your goals to provide premier customer service through operational excellence. 2. General Hiring Process Recruiting & Hiring Process We understand that the service we provide begins and ends with our front- line employees and how well we train and support them. Therefore, the recruitment process is especially important to ensure we are hiring the team members that will make a difference. Background Checks All candidates for employment, prior to receiving an employment otter, must successfully pass a criminal background check. Candidates must also pass a pre -employment drug test. 3. Trolley Specific Training Programs All shuttle locations have an assigned driver trainer who is responsible for the training program. This program was designed to be adapted to include the training requirements of each clients. This training explicitly trains our staff in every aspect of safe driving_ These are participatory, engaging sessions that include extensive materials for trainers (discussion guides, facilitator's guides, etc.), a detailed instructor's manual and driver workbooks for practice and comprehension. Quizzes and assessment tests are used to document performance and learning, and there is a thorough final driving evaluation. Based on assessment performance, drivers are entered into our full New Driver Training program which includes: LAZ understands the success of the City of Newport Beach Trolley Transit Operation is highly dependent on the drivers effectiveness on their assigned routes. Therefore, in addition to the training outlined above, the drivers dispatched to the City's service are required to complete route specific training. Providing this supplementary training ensures our drivers are prepared to handle challenges they may encounter while on route (i.e. traffic, closures, road incidents, etc.). New Driver Training Get Started — LAZ Policies and Expectations: Drug and Alcohol Policy, Mobile Phone and Seat Belt Use. Random Drug Test Program, Distracted Driving and Artificial Intelligence (A.I.) Camera Integration, Accident Policy and Reporting, Bloodborne Pathogens, Facility Tours, Know Your Vehicle — Overview, Components, And Operation, Your Vehicle, Your Responsibility — Proper Inspections, Maneuvering Your Vehicle Basics, Maneuvering Your Vehicle Intermediate. Maneuvering Your Vehicle — Defensive Driving, Elderly Customers and Customers with Disabilities. The Professional LAZ Driver, Standards of Behavior, Passenger Relations, Communication Skills and Overview of the Professional Driver. Approach To Passenger Safety & Compliance With Ada Laws Our Recruiting Managers look for compassion as the number one trait in potential new employees, as we take the responsibility of providing excellent transportation service for our passengers very seriously. To ensure the safety of our passengers during transport, we utilize the strictest ADA standards in the industry for pre-screening and training of all our personnel. Listed are selected excerpts from ourtraining and operations manual with regard to ADA compliance and wheelchair safety: Lifting, Alighting, Maintenance of Accessible Features on Vehicles and Safety Monitoring Balboa Peninsula Trolley Transit Operations & Vehicle Procurement Services 3 Company Qualifications I RFP NO 24-77 13-41 In -Service Training During the latter portion of training, trainees drive the trolley routes and are expected to follow the same procedures as graduated Drivers. This includes, at minimum, driving under the immediate supervision of a Behind the Wheel trainer. This provides the new driver the opportunity to experience customers, maintain a schedule, with an experienced Driver on -board to assist and evaluate. Trainees are tested frequently on their knowledge of operational policies and procedures. Customer Surveys While the City uses their own survey as approved by OCTA, we usually do customer surveys as well. We developed it using best practices in the transportation industry, as well as other service industries. We're happy to provide additional surveys if requested. Core Competency 2: Performance LAZ provides trolley services in a safe, passenger -focused, and very efficient and friendly manner. We ensure that the following methods, programs and initiatives are deployed to ensure safe and on time delivery of passengers, as well as delivering stellar customer service for every ride. LAZ provides a comprehensive telematics approach to our service. Our technology platform addresses various key elements in one solution as summarized below. Monitoring Efficiency, Reporting, Creating A Positive Customer Experience LAZ proposes to use state-of-the-art GPS tracking systems Samsara and Passio to monitor trolley location, passenger load, and minute -by -minute demand to determine the proper number of trolley required. In addition to this ongoing evaluation, data will be used to project the scheduling needs for each week, day and hour, so that staffing — and ultimately costs — can be monitored for efficiency and controlled. This program fortrolley GPS tracking not only allows for real time monitoring and dispatching, but it also adds to the passenger's customer experience. Samsara Advanced Telematics in One The unique driver behavior monitoring "" feature of the Samsara technology. This _ a ° � „� �- CAI - X technology includes a vehicle gateway that provides a Dual -Facing Al Dash Cam, CM32. With live scene analysis, the CM32 N„°,,,n=:. DATAKMOATM �,..,...n ,.. is purpose-built to reduce high -risk rEPRTm rtatn w,qt, a<'IWn rnw°4 '1 behaviors, like distracted driving and unsafe acts, lower safety -related and claims costs, and provide deep visibility into fleet operations. The CM32 automatically uploads HD video footage to the Samsara Cloud allowing our Safety and Management Team to analyze driver behavior and road conditions in real-time, providing unprecedented visibility into leading causes of preventable accidents. This tool can be used in coaching driver behaviors, rewarding employees for a job well done, and assisting in accident fault determination. Balboa Peninsula Trolley Transit Operations & Vehicle Procurement LM Services 4 Company Qualifications I RFP No 24-77 13-42 Passio Go Mobile Real -Time Vehicle Locating & Passenger Counting — Passio Go Mobile Passio GO offers a mobile app designed to be intuitive and user-friendly. For users wishing to take advantage of features like "where's my bus" or destination planning, the app will provide hints and guidance tools to make the app easy to use. The GPS data is updated I real time, typically every second or so. Also included with the Passio Go solution will be Wi-fi availability to the riders. The public facing real-time location of vehicles, stops and routes can be accessible from a smartphone, PC, or tablet. The mobile app has the following features: • Geo-location button on the home screen allows GPS enabled smart devices to orient the users' location to the map view • Option to select all, some or one route (Green, Red, Black Lines) • Option to select individual stops on the different routes • Smooth and steady real time vehicle location processed through the applications algorithm In addition, the Passio GO app allows the users to set automatic scheduled stops alerts. The user can set an "arrival" alert for their favorite stop by tapping on the desired stop and set the alert for a certain number of minutes away. Passenger Counting The Automatic Passenger Counting (APC) is fully automated with ,a startup beginning with vehicle ignition. The system accurately counts passengers as they board and alight and registers stops, routes, and runs. It distinguishes between passengers and non - passenger objects and can detect double backs and re -crossings. Its accuracy is 98% allowing the drivers for the City to focus on Safety and customer service while providing data to City Management. Route Times — Demand Staffing Schedule LAZ's experience running this service for the city has allowed us to identify high on -demand periods where more or less trolleys are needed its services based on that knowledge. Too= Rolm M" `� L LAZ will continue to operate Improper schedules can create significant drop in the number of buses on route, causing increased headways and passenger wait times and result in the perception that more buses need to be added to deliver the service and add long-term costs that are unneeded. LAZ is familiar with the operational challenges of the city. We will optimally meet the route and scheduling needs .,� for the Newport Beach Trolley Operation by providing not only a proven and effective run cutting system, but also ` an experienced expert in the run cutting field. We would perform the following functions: Operate a scheduled transit bus service at a headway frequency or at fixed times for the route. Balboa Peninsula Trolley Transit Operations & Vehicle Procurement Services 5 Company Qualifications I RFP NO 24-77 13-43 Route And Driver Supervision The supervisor will be responsible for all routes and drivers throughout the duration of the service. The supervisor will be in the field overseeing all operations as well as assign drivers to their respective routes at the beginning of their shift The management team at LAZ Transportation will be accountable for all performance, activities, and compliance with the requirements of the Contract. Our Operations Team will be empowered and able to react to the day-to-day passengers' needs. Beyond their regular work schedules, all management staff will be on call in the event of an emergency. Core Competency 3: Fleet Efficiencies We will maintain the Trolley Vehicles in a safe, clean, operable, and sanitary condition. All our vehicles and equipment will meet all Federal, State, and Local regulations. Our Fleet Management Plan is very comprehensive and provides flexibility for driver only or all-inclusive operations and fleet management contracts. We will handle the daily inspection of all vehicles and very minor repairs, utilizing internal staff. The following is a summary of our fleet maintenance guidelines. In addition, we have detailed processes and procedures in place, which are available upon request. Daily Vehicle Inspections For Service Operations and Maintenance Reporting, we are using Samsara, a cloud -based system that allows us to track driver log inspections, vehicle condition, maintenance needs, mileage, and overall vehicle history. Checklists are customizable for each operation. These records will be used during DOT inspections. Before starting the daily inspection, drivers view the last report conducted on the vehicle, any defects flagged as well as photos and comments relating to the defect orthe repair of it. Drivers then sign off on the inspection. A vehicle inspection is done anytime a new driver takes possession of the vehicle whether it's to start the shift, a lunch break or mid shift change. Preventative Maintenance Procedures LAZ's goal of preventive facility maintenance is to perform all inspections and services before a repair is needed. All buses will be ready for service, clean both inside and out, and ready to use at the start of the requested service. We will outsource our quarterly and annual maintenance of the buses, which makes it easy to keep up with all the service our vehicles will need with minor to major repairs, service due reminders, and detailed e reports. We will coordinate preventative maintenance which will include, but not be limited to, oil and filter change, engine tune-up, transmission lube, differential lube, charging system test, ultraviolet inspections, auxiliary equipment, refrigeration units, service -due reminders, wheels alignment, and glass replacement. Balboa Peninsula Trolley Transit Operations & Vehicle Procurement Services 6 Company Qualifications I RFP No 24-77 13-44 Pot Balboa Peninsula Trolley Transit Operations & Vehicle Procurement LAZServices 7 Pricing I RFP NO 24-77 RR am 13-45 Organizational Information Staffing Plan & Organization Chart LAZ is a matrix -based organization, an innovative approach to managing and aligning resources across the company. This structure is designed to leverage the expertise of our specialized services lines, allowing LAZ to respond more effectively to dynamic and complex operations. Though LAZ has more than 14,000 employees across the nation, each location is managed locally. The LAZ's implementation of the matrix -based structure is designed to empower local and regional leaders to make the best decisions, while continuously supporting them at a national level through the strength of the LAZ organization at large. Local & Regional The California LAZ Family has a dedicated Regional Vice President, Human Resource Team who play a crucial role in driving growth, success, people focus, and cohesion. In California with an experienced local transportation expert who is an active member of the community, LAZ can ensure that clients receive boutique attention and a customized approach to their specific operational needs. Meet The Team Jackie Apollo - Operations Manager Jackie serves as the Operations Manager for transportation in Orange County. With the experience in Academic degree in Urban Planning, and the commitment towards transit services. Jackie successfully demonstrated efficient management and maximizing transportation routes. As a result Jackie has managed all of the Orange County's 5 Trolley Operations since 2021. Marco Carrillo- Sr. Director Of Transportation Marco Carrillo serves as Sr. Director of Transportation. Offering over 22 years of Management success, with intense concentration and enormous success in project management and customer service. Outstanding record of achievement in delivering substantial revenue, productivity, and quality improvements through well -managed, on -time projects. Particularly strong in staff development, including training, coaching, and evaluation. Responsible for the day to day operations of all transit contract, maintaining accurate records/documentation of training, testing, and driving records. Balboa Peninsula Trolley Transit Operations & Vehicle Procurement Services 8 Organizational Information i RFP NO 24-77 13-46 Responsible for daily, monthly, and annual Terminal inspections of trolley, buses, and records. Maintained detailed records as required by DOT, PUC, and CHIP to ensure compliance. Responsible for creating weekly, monthly, and annual reporting to clients. Consistently build and maintain strong relationships with clients, employees and customers through close and effective communication. Mario Montenegro — Transportation General Manager Mario Montenegro has over 25 years of professional experience in the Parking and Transportation industry. He holds a bachelor's degree in business management. Mario has managed shuttle operations for several universities, hospitals, municipalities to include all trolley operations in Orange County cities. Mainly focused on transit and fixed routes and he has a lot of experience to major events, such as ComiCon, Boots in the Park, professional sporting events and large festivals. On his personal time, Mario supports several non-profit organizations such as Saving Innocence, which helps save children from sex trafficking. He also financially supports several orphanages in third world countries and helps provide them with in-house education, food, clothing and more. As the Transportation General Manager, Mario has helped develop internal talent into bigger roles that have led to their success. Chris Canales — Regional Dot Safety Manager Chris serves as the Orange County Regional DOT Safety Manager. Chris possesses an extensive background from safety management to sr. operations management. Offering over 10 years of relevant experience, Chris is seasoned in DOT/FMSCA regulations and maintains effective management skills. With an excellent compliance audit/inspection record, Chris has always provided effective leadership and support to all operations, location managers, and front-line associates. Chris oversees and ensures the safety and compliance for transportation operations in Orange County by implementing company policies and procedures as well as safety best practices. Proposed Organizational Chart For The City Of Newport Beach Newport Beach Jackie Apollo - Operations Manager Newport Beata Mario Montenegro - General Manager Newport Beach Marco Cardillo - Director or Chris Catrales - Safety Manager Transportation TRANSPORTATION SERVICES Paula Henry- Vice President LAZ TRANSPORTATION SW Jonathan Wilkins - DOT Compliance Dir m Martinez - Director Svendsen- Sr. Vice President Kri Transpwailon Services Balboa Peninsula Trolley Transit Operations & Vehicle Procurement LM services 9 Organizational Information I RFP NO 24-77 13-47 EXHIBIT B SCHEDULE OF BILLING RATES LAZ Parking California, LLC Page B-1 13-48 EXHIBIT B SCHEDULE OF BILLING RATES TROLLEY OPERATION SERVICES Budget The per hour rate is based on the fixed and variable cost associated with providing service to the routes as detailed in the Scope of Services, not including the cost of purchase of the vehicles. The assumed annual hours and miles applied as specified are 1,407 and 19,396 respectively. Any large variances affecting fuel prices, maintenance, labor hours or additional fees or taxes imposed during the contract period may be added to the hourly rate charged for any given invoice upon approval of the City, and when necessary, the billing rates set forth below may be adjusted by the parties through a written amendment to this Agreement to reflect any permanent new cost impact. Contractor shall provide receipts, invoices, statements, or otherwritten evidence to substantiate any request for an increase in the hourly rate charged on a particular invoice or to support any request for adjustment to the billing rates. ■: 13-49 TROLLEY PRICING SCHEDULE All prices are to be in United States dollars Unit Price Extended Price for Five 5 Trolleys Base Unit Without upgrades or o lions S 168.106 00 S 840.530 00 Upgrades and Options per Appendix C S 71.155 00 S 355,775 00 Additional Proposer Recommended Upgrades and Options Provide detail in proposal.) Amortization Financin Fee Safes Tax S 18.542 73 S 92313.64 Delively Charges Annual Registration Fees S 1,50000 S 7,500.00 Extended Warranty Charms TOTAL PROPOSED PRICE S 259,30373 S 1,296,518.64 "rinancing I-ee will be billed separately as a taxed tee Trolley Payments Trolley Price Minus Deposit $897,228.75 Sale Tax $92.713.64 Registration Fees S45.000.00 Interest $227.604.40 Total S 1,262,546.79 Amortization Information Principal $1,034,942.39 Effective Interest Rate 7.50% "term (Months) 65.00 Anticipated Start Date 02JO112026 Year Year2 Year3 Year4 Years Year6 Year? Total Deposit(25%) $ 299.076.25 S 299,076.25 Trolley Payments $ 97.118.98 $ 233,085.56 $ 233.085.56 $ 233,085.56 $ 233,085.56 $ 233,085.56 $ 1,262,546.79 Financing Fee $ 3,997.90 $ 9,594.96 S 9.594.96 $ 9.594.96 S 9.594.96 $ 9.594.96 S 51,972.70 Performance Bond S 8,279.54 $ 8279.54 $ 8,279.54 S 8279.54 S 8279.54 S 8279.54 S 8.279.54 S 57,956.77 TOTAL CAPITAL $ 307,355.79 $ 109,396A2 $ 250.960.06 $ 2W960.06 $ 250,960.06 $ 250.960.06 $ 250,960,06 S 1,671,552.51 Monthly Payments (inclusive of all above amounts) MonthlyTrolley Payment S 8,093.25 S 19,423.80 S 19.423.80 $ 19.423.80 $ 19.423.80 S 19.423,80 LAZAdmin Fee S 333.16 $ 799.58 S 799.58 $ 799.58 $ 799.58 $ 799.58 Performance Bond S 689.96 S 689.96 $ 689.96 S 689.96 $ 689.96 $ 689.96 $ 689,96 TOTALMONTHLY S 689.96 S 9,116.37 $ 20,913.34 S 20,913.34 S 20,913.34 S 20,913.34 $ 20.913.34 PAYMENT **The performance bond is 0.8% based on the principal loan amount of $1,034,942.39. **There are no trolley payments year one (1), and the above assumes five (5) months of payments in year two (2) for an amortization term of 65 months. **The interest rate, anticipated start date, term in months, and monthly finance payment amount are estimates and may change depending on actual interest rate, start date, and term. **Registration fees may not apply depending on approval of waiver of fees by Department of Motor Vehicles where applicable. 13-50 TOTAL AGREEMENT COST Year Year2 Year3 Year4 Year5 Year6 Year? Total CAPITAL 5 307.355.79 $ 109,396.42 $ 250.960.06 $ 250.960.06 $ 250.960.06 $ 250.960.06 $ 250.960.06 $ 1,671,552.51 0&M S 281.063.84 $ 289.495.76 S 299,628.11 $ 314.609.51 $ 330.339.99 S 346.856.99 $ 364.199.84 $ 2,226,194.04 GRANDTOTAL S 588.419.63 S 398,892.18 $ 550,588.17 $ 565.569.57 $ 581.300.05 S 597,817.05 S 615,159.90 S 3,897,746.55 TOTAL NOT TO EXCEED: $3,897,746.55 13-51 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Commercial Automobile Insurance. Contractor shall maintain commercial auto insurance for any auto, including owned, non -owned and hired autos in an amount not less than five million dollars $5,000,000 each accident for bodily injury liability and property damage arising out of or in connection with the Work to be performed under this Agreement. Comprehensive physical damage and collision coverage shall be included and provide for the full replacement cost of vehicles and the Contractor shall be solely LAZ Parking California, LLC Page C-1 13-52 responsible for the deductible. Additional coverages shall include uninsured motorist coverage and medical payments. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and commercial automobile insurance, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has LAZ Parking California, LLC Page C-2 13-53 been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's LAZ Parking California, LLC Page C-3 13-54 sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. LAZ Parking California, LLC Page C-4 13-55 Exhibit D Route Map LAZ Parking California, LLC Page D-1 13-56 TROLLEY ROUTE MAP (it-") 'ry;hs Trolley StaR�Stop \�/ A 2 Avon/Tustin Parking Lot V Bayside Village Mani- 1 castaways Q Park 20 z1 - iy wB route return through a A rya Lido Village (28 ^ to Via Lido) _ ;t ti 20 vo h Newport 3 C) Linda Island > �Q f West LULL � ��r, n Linda isle Channel �O1 Lowpr Peninsua e d`' °1.1 Newport Bay 1gLido Lido Isle r� V Va C vo SOnI -"�'tlo t 4 Harbor Island O via C'O N 1$ Souc1 W+E 5 Newport Beach Pier © F3� 1. E3r7J1 4 It's, Lido tale lJevrppA�aa LEGEND ReeGh 15 r Bay Island 5 5 :f.,,, Route 7 -4 14 w : t 13 Trolley Start -Stop Balboa Pier O Stops 6 a 12 Qr nrr � l ® Trolley Start -Stop 9 10 11 Penu a STOPS Eastbound Westbound Avon Lot & Free Trolley Parking Balboa Pier Newport & Short Balboa &Adams Newport & 30th Balboa Library Balboa & 20th Balboa & 8th Marina Park Balboa & 12th Balboa & 15th Balboa & 15th Balboa & 11th Marina Park Balboa & 8th Balboa & 20th Balboa & Island Newport & 28th Balboa & Adams Lafayette & 32nd Balboa Pier Via Lido & Via Oporto Avon & Riverside Avon Lot & Free Trolley Parking 13-57 Exhibit E Trolley Upgrades and Options LAZ Parking California, LLC Page E-1 13-58 10.74111MIV TROLLEY UPGRADES AND OPTIONS TROLLEY UPGRADES/OPTIONS DESCRIPTION Chassis Options: 1. CNG System (Used with Ford F53 Gasoline Chassis) _ Electrical Options: 1. Driver Fan Audio Video Options: 1. AM/FM/CD/IPOD/Bluetooth/USB with Four (4) Speakers Flooring Options 1. Altro Transit One Piece Floor (or approved equal) HVAC Options: 1. AC System Exterior Options: 1. Totally Enclosed Body 2. Front BumperTwo (2) Bike Rack - Black 3. Four (4) Window Pair Open Air Section Inserts With Included Rain Curtains and Guard Rails 4. LED Headlight 5. Ramco Heated Remote Mirrors (or approved equal) Paratransit Options: 1. Lift, Package Braun Century (or approved equal), Platform Priority Seating Signs, ADA Location Signs, ADA Lighting, Interlock, Audible 2. Q'straint Slide-N-Click (Each Position) (or approved equal) 3. Authentic Gong Bell Passenger Stop Request Pull Cord 4. Two (2) Position Flip Seat Perimeter Fold Up with Wood Slats 5. Storage Box for Belts - Holds One (1) Sets Safety Options: 1. Escape Hatch Standard Model 2. Back Up Camera - Color Monitor 3. Drivers Stanchion, with Lexan Modesty Barrier Interior Options: 1. Natural Oak Interior with Trim 2. Stainless Handrails Horizontal and Entry Graphics Options: 1. Custom Two (2) Tone PPG Paint and HT Stripe Package (as approved by City) 2. Polished Aluminum Wheels with Protective Coating Passenger Seating Options: 1. Vintage Style Seats with Oak Slats (per double seat) Trolley Driver Seating Options: 1. USSC 9100 Air Suspension Seat - Black Vinyl (or approved equal) 13-59 EXHIBIT F CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ at the rate of $ , being thousand of the Contract price. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. WHEREAS, the City of Newport Beach, State of California, has awarded to LAZ Parking California, LLC hereinafter designated as the "Principal," a contract for the Balboa Peninsula Trolley transit operations, and vehicle procurement services of five trolleys, for operations planned to begin in the summer of 2025, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Twenty Four Thousand Six Hundred Sixty Four Dollars and 841100 ($1,024,664.84) lawful money of the United States of America to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed LAZ Parking California, LLC Page F-1 13-60 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 2024. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED LAZ Parking California, LLC Page F-2 13-61 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) LAZ Parking California, LLC Page F-3 13-62 ATTACHMENT B City of Newport Beach BUDGET AMENDMENT Department: Public Works Requestor: Trevor Smouse ❑ CITY MANAGER'S APPROVAL ONLY 2024-25 ONETIME: ❑ Yes ❑ No Approvals BA#: 25-035 Finance Director: 14H M iv J- AOWW Date 41/ 61 Zvi' 1 FA COUNCIL APPROVAL REQUIRED I City Clerk: Date EXPLANATION FOR REQUEST: To recognize revenues from the Orange County Transit Authority (OCTA) grant for the Trolley Program operation. Additionally, ❑ from existing budget appropriations this budget amendment will expense the awarded grant to the Balboa Peninsula Trolley Transit Operations and Vehicle E] from additional estimated revenues Procurement Services project (25T13). Ll from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ 123 1230053 431150 25T13 MEASURE M COMP COMM TRANSIT- MEASURE M COMPETITIVE 3,274,720.00 Subtotal $ _ 3,274,720.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 123 1230053 980000 25T13 MEASURE M COMP COMM TRANSIT -CIP EXPENDITURES FOR GL 3,274,720.00 012 01201938 980000 25T13 MISC & STUDIES OF - CIP EXPENDITURES FOR GL 641,027.00 Subtotal $ 3,915,747.00 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 012 300000 GENERAL FUND CAPITAL PROJECTS - FUND BALANCE CONTROL (641,027.00) 123 300000 MEASURE M-COMPETITIVE FUND - FUND BALANCE CONTROL Subtotal $ (641,027.00) Fund Balance Change Required 13-63