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HomeMy WebLinkAboutReso 1978-9297Form No. 342 Rev. 2/76 RESOLUTION NO. 9297 resolve between THE COM to assi dated t which i fully s Vista agree. RESO UTION OF THE'"CITY COUNCIL OF~~E"'CITY OF CHULA VIST , APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VIST AND THE COMPREHENSIVE PLANNING ORGANIZATION FOR PROF SSIONAL SERVICES TO ASSIST IN THE UPDATE OF THE SHOR RANGE TRANSIT PLAN FOR 1979-1983 AND UTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The ity Council of the City of Chula Vista does hereby as fol ows: NOW, THEREFORE, BE IT RESOLVED that that certain agrQement THE CI Y OF CHULA VISTA, a municipal corporation, and ?REHENS VE PLANNING ORGANIZATION, for professional services ~t in t e update of the Short Range Transit Plan for 1979-1983 day of September , 19 78 a copy of d hereto and incorporated herein, the same as though herein be, and the same is hereby approved. ie 26t] attac ,t fort FURTHER RESOLVED that the Mayor of the City of Chula is hereby authorized and directed to execute said d on behalf of the City of Chula Vista. BE I and it for Presented by ;" ~ W. J. ok Works ens,~Director of Public Approved as to form by ~ -~ ~ `,, George`D. Lindberg, City Attorney ADO TED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFO IA, this 26th day of September 19 78 , by AYES: Coun ilmen Scott, Cox, Egdahl, Hyde, Gillow _ NAYES : Coun i lmen None ABSENT Coun ilmen None ~~~~ r ' C '~ Mayor of the City of Chula V° to AT TE S T~% y C1er STATE F CALI ORNIA) COUNTY OF SAN DIEGO) ss. CITY O CHULA VISTA) I~ , City Clerk of the City of Chu a Vist , California, DO HEREBY CERTIFY that the above is a full, true a d corr ct copy of Resolution No. and that the same has not be n amen ed or repealed. DATED City Clerk AGREEN~7T BETWEIIV THE O~MPRIl-IENSIVE PLANNING ORGAPIIZATION AND 'II~E CITY OF CEILLA VISTA FOR PROFESSIONAL SI:RVICTS TO ASSIST IP1 THE UPIlATE OF THE SHORT RANGE TRANSIT PLAN FOR 1979-1983 198, b an the > Agreement is entered into as of this 26thday of September, ~n the City of Chula Vista (hereinafter referred to as "Contractor") ~rehensive Planning Organization of the San Diego Region, a public einafter referred to as "CPO"). RECITAL S REAS, the CPO Board of Directors at its meeting of May 15, 1978 , pted Re olution #78-53 authorizing the Executive Director to contract for fession 1 services to assist in Job 201.02, the Short Range Transit Planning es; WN REAS, the CPO desires to engage the Contractor to render certain se vices h reinafter described in connection with an undertaking which is to be finance in part, by the Urban bass Transportation Administration; and ,the Contractor is desirous and able to participate ui Job 2011.02. THEREFORE, the parties hereto do agree as follows: 1.~ Employment of the Contractor e CPO he eby engages the Contractor and the Contractor agrees to perform the s rvices reinafter described in connection with the update of the Sliort Range T ansit P1 for 1979-1983. ~~ 7 ion 2. ~e of Contractor's Responsibilities A. Financi$1 The Con ractor shall be responsible for providing the in-kind services non-fed ral match of $1,875 against the total cost to CPO of $7,500. Total value o professional services to be rendered by the Contractor is $9,375. B. Personn 1 1. Jac Bloom, Transit Coordinator, shall be in charge of the performance of ~s Agreement on behalf of the Contractor. 2. All of the services reQuired hereunder shall be performed by the Co tractor or under their supervision, in accordance with the Urb an bias Transportation Administration External Operating Manual herein wh lly incorporated by reference, and all personnel shall be authorized un er California and local law to perform such services. C.I Work Description 1. Purpose and Th current annual updates to the Short Range Transit Plan (SRTP) for 19 9-1983 is intended to satisfy three objectives. These are: (1) to pr vide short range implementation programs for carrying out the public tr sit recommendations included in the Regional Transportation Plan, (2 to provide integrated working documents for all public transit op rators in the region, and (3) to maintain the region's eligibility to receive Federal grant assistance and State Local Transportation d monies for transit operations and capital projects with up-to-date fire year development programs . SRTP update addresses the public transit operators in the region covers all of the urbanized portion of the region. Chula Vista 2 C• ~ .~. i~7-7 Tr it offers about to of the service in the region. In March, 1976, a c nsultant prepared a transit development program for the Contractor. The system improvements detailed in this plan are still in the process of implementation. 1. 1. Transportation Improvement Program guidelines identify items to be considered in short range planning. The work tasks to develop this 19 9-1983 update are identified below. These tasks, as performed by th Contractor, will be combined into the SRTP as developed for the of er public operators to provide a complete short range update for th San Diego region as apart of the TY~ansportation Systems Management E1 nt (TSME). 2. Th~ following work will be performed in carrying out this Agreement. It identifies the work tasks necessary to produce two separate updated pl documents which will satisfy regional, State of California, and li. S. Department of Transportation UMTA requirements. This scope identifies the minimum to be performed. K l: Service guidelines iew and update as required the goals and objectives for public nsit service within area of jurisdiction. Include the transit ds of transit dependents such as low income, elderly, handicapped, minority groups. Re ' ew and update service standards and criteria which will be ut lized to evaluate existing service and plan alternatives at both th system and route levels and eliminate those which cannot be objectively measured or controlled. 2: ~escribe recent history and current status of transit service. 2.1 Up ye pa /' ~~ % ~ date and develop statistical summary of service for last three ors, including current year. Include total ridership, revenue ~sengers, number of vehicles, revenue miles, system miles, average 3 2. Des ribe policy and/or system changes over same time period and their imp ct on total ridership, revenue passengers, revenue miles, average far ,average system speed, average subsidy, operating costs and any oth r indicators deemed appropriate. 2. Des ribe all current service-related characteristics. Include capital facilities and equipment; service characteristics; user, non-user and tri characteristics; and financial status of system. length, average system speed, fares, average fare, capital ditures, operating costs, average subsidy, revenue, and any other priate indicators. 2. ~ Gra~h revenue passengers by month and revenue miles by nnnt}i. tr ii 3: I~plementation of FY 78-82 CVT Plan Update 3. Describe the status of all recommended improvements in the FY78-82 fi e-year plan update. 3. ~ Evaluate those recommendations not yet irplemented and determine wh ther or not they are still applicable. 4.. 4.; 4: erform detailed analysis and evaluation of existing system elative to adopted standards and criteria. Recommendations made 'n the Chula Vista Transit Performance Audit should be addressed ' n this task. Up to Title VI documentation as needed. Include distribution of se vice, vehicle assignment record, load factor atlaysis, distribution of other facilities, accessibility provided by service, profile map, an distribution of other transportation benefits. Coordinate with Up to system map. Prepare second map at same scale identifying ma or trip generators and areas with concentrations of transit de- 4 h~ ; ,:, .~ ts; low income, handicapped, elderly, minorities, etc. Re 'ew and evaluate service level indicators relative to service st lords. Include frequency, hours of operation, days of operation, tr sfer time, average trip length, average trip travel time, population s e ed, average vehicle miles per driver, and any other indicators de med appropriate. Coordinate with CPO to use data acquired from 19 7 Origin and Destination Survey. 4.1 iew and evaluate fleet data relative to service standards. Include 4.~ n er of vehicles by size, average age, total fleet mileage, average ual mileage per vehicle, fuel consumption, oil consumption and any indicators deemed appropriate. iew and evaluate ridership data relative to service standards. 4.1 ude ridership growth, passengers per trip, per revenue mile and service hour, transfer date, ridership profiles (elderly, bandi- ed, student, saverpass), and any other indicators deemed appropriate. Re iew and evaluate financial status of system. Include FY78 budget wi capital costs by vehicle physical facilities and related equipment, an operating cost per revenue vehicle mile, per vehicle service hour, re enue per mile and per hour, net subsidy per passenger, and any other 4.1 indicators deemed appropriate. Re ' ew and evaluate management and efficiency changes . Management al ernatives should be developed at this time to address the recom- me lotions made in the CV'I' Performance Aulit and to address the transi- ti nfrom anon-federally funded operator to that of an UMTA/FI~1A 4.1 certified transit operator. ze the potential ramsfications of becoming an UrffA/1~I4tiA certified for (i. e., 13 (c) jLabor], 504 regulations, etc.). 4. 4. Ir ci the process of identifying and evaluating transit needs and defi- ncies, the elderly, handicapped, and minorities should be considered. 5 ~~~•-- 4. 5.7 5.~ Ev uate the effectiveness of the current marketing program and add ess those recommendations made in the 1977 Performance Audit. 5: velop transit operations plan and detailed financial program f r 1979-1983. d upon the evaluation of existing service and the current Transit lopment Program, 1978-1982, develop a transit operations plan program which includes the proposed demand responsive elderly anu icapped service. This plan may include alternatives to acknowledge re financial limitations and uncertainties. Ba.s d upon the findings of Task 4 , prepare a public inforriation pla which will outline the marI~:et segments media support should con entrate on as well as tactics to be Wised to inforri the public of se ice offered. K G : Prepare Short Range Transit Plan 1979-1983 draft report. b.ll Prepare and publish Short Range Transit Plan 1979-1983 draft report. 6.~ Ih final draft will be completed and correspond with the FY 80 Local T portation Fund application by April 1, 1979. Once service con- tr cts are signed, the LTF application is finalized in June, 1979, an IJMTA gives the necessary authorization, a final report will be pr~parea. 6.. D. Fi al draft and final report will be prepared according to Tasks 1- for insertion into the Regional Transportation Systems 1`}anagement E1 ment. Submiss~ ion of Reports 1. final draft report must be submitted to the CPO Project Ivfanager review by CPO. In the absence of any express written statement of 6 ~`-~ !r' ~ 4 % dis atisfaction within 10 working days, the final report (draft) will be eemed satisfactory. Six copies of the final draft will be subrrdtted to ICPO. 2. Man cripts produced by the Contractor for the CPO shall be in accordance wi the United States Government Printing Office Style b~lanual (available thr ugh the Superintendent of Documents, U. S. Government Print Office, Was ington, D.C. 20402). The Contractor, in typing the final nanu- sc 'pt, shall be responsible for all corrections prior to acceptance of the final manuscript. Proper credits will be given to sources through co only accepted methods of documentation such as footnotes or other me ls. The Contractor shall furnish a list of material referred to in the preparation of reports. 3. In addition to the rec{uired number of copies of the draft final report sp ified in this contract, the Contractor shall forward all text and cs of this report to CPO in a camera-ready form suitable for modification and reprinting. E. A. Notice ~tegarding Late Delivery In the event the Contractor encounters difficulty in meeting performance requir _ nts, or anticipates difficulty in co~lying with the contract delive schedule or date, the Contract shall immediately notify the CPO Projec Manager thereof giving pertinent details, including the date by which 't expects to co~lete the performance or make delivery; provided, howeve that these data shall be informational only in character and that receip thereof shall not be construed as a waiver by the CPO of a contract delive y schedule or date, or any rights or remedies provided by law under this c retract. :tion 3. Sco e of the CPO's Res onsibilities 1 CPO Project Manager will provide direction and guidance in matters ted to 7 ~~ ~ a. b. c. 2. Dial Administration of the contract on behalf of ttie CPO; Procedures for obtaining information relative to the project; Review of drafts and final copies of Work Products required of the Contractor by this contract. on of Labor division of labor between the CPO staff and the Contractor provides t the CPO s taf f wil 1: BJ a. Prepare a draft of the study design for the project and review this draft with CPO staff working on related projects, staff of local planning agencies and representatives of other interests. b. Insure coordination between the update of the SRTP and any other transit related CRS project. c. Coordinate with the Steering Committee (The Transit Coordination Subcommittee), including the preparation of meeting notices and interest. d. Provide the Contractor with local plans and other regional documents pertinent to the study. e. Review Contractor's report, work with the Steering Committee. Prepare informational materials for distribution through the CPO Newsletter at the completion of each phase of the project. Data be Furnished to Contractor CPS s all furnish to the Contractor without charge all information, data, and r orts as are existing, available, and reasonably necessary for car 'ng out the project. ction 4.~ Time of Performance of the Contractor shall commence within 5 days after the signing 8 ~o`- ~ J of this ag to assure In any eve: dr ft form th t time of work pry Bement and shall be undertaken and carried out in such sequence as heir expeditious completion in the light of the purpose of this contract. t, all of the services required herein shall be completed in final by April 1, 1979. It is hereby mutually agreed by the parties hereto s of the essence of this contract and that any schedule of delivery ducts set forth herein shall be binding upon the parties. Se tion 5 . Costs A. Maxim Total Cost The 'mum total cost to the CPO for the performance of work pursuant to this A Bement shall not exceed $7,500. The Contractor specifically agrees to perform all obligations under this Agreement within such agreed cost d provide the in-kind service match. B. ~ Ostensible Agency Disclaimer Notice Contra for is hereby expressly put on notice that no employee of the CPO has au ority to authorize in writing or otherwise any additional work which ould increase the cost of this Agreement without CPO Board of Directors' approval. C. I Inco~dration of Federal Guidelines The to of all relevant federal and state grant provisions and guidelines, as pre ently written or as changed during the life of this Agreement, bearing on thi Agreement are hereby wholly incorporated by reference herein and made a part of this Agreement and take precedence over any inconsistent terms of thi Agreement. Section 6.1 Payment Fo the pe formance of this Agreement, the CPO shall pay the Contractor upon s mission of approved quarterly requests for payment. A quarterly progress re ort sha 1 accompany each request for payment showing total expenditures for ea task as set forth in the Scope of Contractor's Responsibilities under 9 7Jr~ by giving ritten notice to the Contractor of such termination and specifying th effective date thereof, at least five (5) days before the effective date of such to 'nation. In that event, all finished or unfinished documents, data st dies , s rveys , drawings , maps , models, photographs , and reports prepared by the Con ractor shall, at the option of CPO, become its property, and the Co tractor shall be entitled to receive just and equitable compensation for any sa isfacto work performed on such documents and other materials. Notwith- st ding t e above, the Contractor shall not be relieved of liability to CPO fo damage sustained by CPO by virtue of any breach of the contract by the Co tractor. ion 10.1 Equal Opportuni Du ing the performance of this contract, the Contractor agrees to comply with al the r uirements imposed by Title VI of the Civil Rights Act of 1964 (73 St is 252) and the regulations issued thereunder (Title 49, CFR part 21). a. The Co tractor will not discriminate against any employee or applicant for emplo ent because of race, color, religion, sex, or national origin. The Contra for will take affirmative action to ensure that applicants are ern- ployed and that employees are treated during employment without regard to their ace, color, religion, sex, or national origin. Such action shall includ ,but not be limited to, the following: employment upgrading, demoti n, or transfer, recruitment, or recruitment advertising; layoff or termi tion, rates of pay or other forms of compensation; and selection of tra'ning, incuding apprenticeship. The Contractor agrees to post in conspi uous places, available to employees and applicants for employment, notice to be provided by the Contracting Officer setting forth the pro- visio of this equal opportunity clause. b. The Co tractor will, in all solicitations or advertisements for employees placed on or on behalf of the Contractor, state that all qualified applicants will r ceive consideration for employment without regard to race, color, religi n, sex, or national origin. c. The Car~tractor will send to each labor union or representative or workers with w ich he has a collective bargaining agreement or other contract or 11 ~ ~~.~ un ders anding, a notice, to be provided by the Contracting Officer advising the la r union workers' representative of the Contractor commitments under this al Opportunity clause, and shall post copies of the notice in con- spicuo places available to employees and applicants for employment. The C ractor will comply with all provisions of Executive Order No. 11246 f September 24, 1965, Executive Order No. 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. d. The Co tractor will furnish all information. and reports required by Executive Order o. 11246 of September 24, 1965, and by the rules, regulations, and orders f the Secretary of Labor, pursuant thereto, and will permit access to his ooks, records, and accounts by the Contractor and the Secretary of Lab r for purposes of investigation to ascertain compliance with such rules, egulations, and orders. e.l In the vent of the Contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations, or orders this contract may be cancelled, terminated, or suspended, in whole or in art, and the Contractor may be declared ineligible for further Gove ent contracts in accordance with procedures authorized in Executive Order o. 11246 of September 24, 1965, and such other sanctions may be impose and remedies invoked as provided in Executive Order No. 11246 of f. Septem er 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Co tractor will include the provisions of paragraph (a) through (g) in eve subcontract or purchase order unless exempted by rules, regulations, or ord rs of the Secretary of Labor issued pursuant to Section 204 of Executi e Order No. 11246 of September 24, 1965, so that such provisions will b binding upon each subcontractor or vendor. The Contractor will takes ch action with respect to any subcontract or purchase order as the Contra for may direct as a means of enforcing such provisions, including sancti s for noncompliance; provided, however, that in the event t11e g- Contr sub for becomes involved in, or is threatened with, litigation with a ractor or vendor as a result of such direction by the Contractor, 12 9 ter ~ the Contractor may request the United States to enter such litigation to protec the interests of the Lhrited States. ion 11~ Affirmative Action Compliance Th Contra for shall have a written Affirmative Action Plan in conformance wi h regal tions of the Department of Transportation 149 CFR, part 21. The P1 shall contain, at a minimum, the required provisions as outlined and de cribed UNfTA Circular 1155.1, issued December 30, 1977. A copy of the Af irmativ Action Plan for the period of time covered by this Agreement is r aired f r review by CPO prior to first payment. ion 12~ Minority Business Enterprise In connect on with the performance of this Contract, the Contract will cooperate wi h I]I~TTA d CPO in meeting their commitments and goals with regard to the m imam ut'lization of minority business enterprises. It is IATTA policy that 1~ 's shal have the maximum opportunity to participate ir. the performance of contrac s financed in whole or in part with L~1'TA .f~mds. This policy re uiremen shall be met according to LIDTTA's current program assistance guide- li es as d scribed in Circular 1165.1, issued December 30, 1977. ion 13~ Conflict of Interest No elected officials of CPO, any of its member agencies, the State of California or the Lini ed States Government shall personally benefit from the financial pro- ce ds of t 's agreement. Costs incurred in violation of the above provision sh 11 be allowable costs. I it is d termined that Contractor is a designated consultant for purposes of th CPO Co flict of Interest Code, Contractor shall comply with and be subject to all the provisions therein. tion 141 Assi~nabili Th Contra for shall not assign any interest in this contract and shall not tr sfer y interest in the same (whether by assignment or novation), without 13 ~~ ~ ~~ th prior ritten consent of CPO thereto; provided, however, that claims for mo ey due o become due to the Contractor from CPO under this contract may be as igned t a bank, trust company, or other financial institution without sucYi ap roval. Notice of any such assignment or transfer shall be furnished promptly to CPO in riting. Section 151 Hold Harmless a. The Co tractor agrees to indemnify, defend, and save harmless the CPO, its of icers, agents, and employees from any and all claims and losses accru~ g or resulting to any and all contractors, subcontractors, material- men, i borers, and any other person, firm, or corporation furnishing or supply ng work services, materials, or supplies in connection with the Contra tor's activities under this contract and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be inj red by the Contractor in connection with its activities under this contra t. b. CPO ag ees to indemnify, defend, and save harmless the Contractor, its office s, agents, and employees from any and all claims and losses accruing or res lting to any person, firm, or corporation who may be injured by CPO in co ection with its activities under this contract. c. The Co tractor, and the agents and employees thereof, in carrying out this contra t, shall act in an independent capacity and not as officers or employ es of CPO. Se tion 16. Subcontractors Th Contra for shall not enter into any agreement to perform work in connection wi h this ontract without first obtaining written approval of CPO as to the sc p e of w rk and the subcontractor. tion 17.1 Notice notice required or permitted under this contract may be personally served 14 ~~~~ onlthe o party, by the party giving notice, or may be served by certified receipt receipt requested, to the following addresses: Director of Finance and Administration Comprehensive Planning Organization Suite 524, Security Pacific Plaza 1200 Third Avenue San Diego, CA 92101 THEREOF, the authorized parties ]gave below signed: IN ~IV~C CI OF CIICJLA VISTA of ~ ford to sufficiency legality: 1 ~~ .~ Legal unsel 15 S~