HomeMy WebLinkAboutRFP - Dial-A-Ride Transportation Services_01.24.2025.pdf
REQUEST FOR PROPOSALS
Dial-A-Ride Transportation Services
Contract Services
Submission Deadline – February 28, 2025
at 2:00 p.m. Pacific Standard Time
(“PST”)
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1. INTRODUCTION
The City of Diamond Bar ("City") is requesting proposals from qualified and
experienced transit contractors ("Contractor") to provide a demand-responsive
transportation service program, known as Dial-A-Ride, for Diamond Bar residents.
The selected Contractor will be expected to meet high standards of excellence,
deliver outstanding customer service, and respond promptly to requests from the
City.
RFP Date: Monday, January 27, 2025
Project Name: Dial-A-Ride Transportation Services
Department: City Manager’s Office
Proposal Deadline: Friday, February 28, 2025 at 2:00 p.m. PST
Proposals must be delivered by the proposal deadline via the PlanetBids portal
(https://vendors.planetbids.com/portal/39500/bo/bo-detail/125536)
All proposals submitted in response to this Request for Proposals (“RFP”) will
become property of the City upon submission and a matter of public record
pursuant to applicable law. Late submittals will not be accepted.
Proposals may be withdrawn if written notification of withdrawal of the proposal
is signed by an authorized representative of the Contractor and received at
Diamond Bar City Hall (21810 Copley Drive) prior to the closing time for receipt of
proposals. Proposals cannot be changed or withdrawn after the time designated
for receipt. Withdrawal notification must be submitted to:
City of Diamond Bar
City Manager’s Office
Attn: Dannette Allen
21810 Copley Drive
Diamond Bar, CA 91765
The City will review all proposals received by the submittal deadline indicated in
this RFP. Proposals that do not meet the minimum requirements of this RFP will be
rejected. The City reserves the right to select the Contractor that best meets the
overall needs and offers the best overall value to the City based on a variety of
criteria, including but not limited to, experience of the Contractor’s team, quality
of service, project understanding and methodology, successful completion of
similar projects, past performance, cost effectiveness, and references, but not
solely on the lowest cost of services.
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Those Contractors considered most responsive to this RFP may be requested to
attend at least one (1) interview with the City. Finalists may also be invited to
conduct an oral presentation to City staff to demonstrate how their services best
meet the City’s needs as outlined in this RFP. The City may determine that a
selection can be made without conducting interviews and/or oral presentations.
Upon completion of the City's evaluation process, the most qualified Contractor
shall be invited to meet with the City to negotiate compensation, terms, and
conditions. If an agreement is not reached, the negotiations will be terminated,
and similar interview and/or oral presentations with then follow with the next
Contractor. All such negotiations shall be strictly confidential, and in no case shall
the compensation involving one Contractor be discussed with another or made
public.
The following tentative schedule has been established for the selection of a
Contractor which is subject to change:
● RFP Posting Date January 27, 2025
● Written Questions Deadline February 14, 2025 @ 12:00 p.m. PST
● Proposal Due Date February 28, 2025 @ 2:00 p.m. PST
● Interviews w/top ranked firms (if necessary) March 2025
● Award of Contract March/April 2025
The City shall not be liable for any pre-contractual expenses incurred by any
Contractor, nor shall any Contractor include any such expenses as part of the
proposed cost. Pre-contractual expenses include any expense incurred by a
Contractor prior to the date of an executed contract, such as the cost of
preparing and submitting a proposal and negotiating any terms with the City.
2. ABOUT THE CITY
Diamond Bar is a scenic community located on the eastern edge of Los Angeles
County, within minutes of Orange, Riverside, and San Bernardino counties. With
its origin as a center for ranching perched among a landscape of rolling hills in
the East San Gabriel Valley, Diamond Bar became one of the first master planned
communities in Los Angeles County dating back to 1956, and has grown since
that time to be known for its friendly country-living atmosphere, abundant open
spaces, exceptional public facilities, well-maintained parks and hiking trails, and
excellent schools. In 1989, Diamond Bar became the 86th city in Los Angeles
County. Today, Diamond Bar covers 14.9 square miles and is home to 57,177
residents.
Diamond Bar is bounded by the cities of Industry and Pomona to the north, Chino
Hills to the east, and unincorporated Los Angeles County to the south and west.
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With convenient access to State Routes SR-57 and SR-60, Diamond Bar is within 30
miles driving distance of the cities of Los Angeles, Riverside, and Irvine, making it
a desirable destination to live and work. The Industry Metrolink Station lies on the
City’s northern border, providing east-west transit connections to Los Angeles and
Riverside.
Diamond Bar operates under the council-manager form of government.
Residents elect a five-member City Council, which selects a Mayor and Mayor
Pro Tem each year to serve for one year. The City Council also appoints a City
Manager to supervise the City’s day-to-day operations.
3. PROJECT BACKGROUND
Project Background and Objectives
The current agreement for the City's Dial-A-Ride program ("Diamond Ride")
expires on June 30, 2025. In light of this, the City requests proposals from qualified
and experienced Contractors to manage and operate a comprehensive
demand-responsive transportation service, herein referred to as Dial-A-Ride, from
July 1, 2025, to June 30, 2028, with the option, at the City’s sole discretion, to
extend the agreement for two (2) additional one (1) year terms. The City seeks a
comprehensive, turnkey solution encompassing all program aspects, including
but not limited to facilities, fleet, equipment, supplies, maintenance, and
administrative staff, to ensure the program’s seamless operation without requiring
additional City resources.
The City established Diamond Ride in 1995 to provide alternative subsidized
transportation services for Diamond Bar residents aged 60 and older and adults
with disabilities aged 18 and older. Through Diamond Ride, the City offers
demand-responsive service to qualifying participants traveling to destinations
within two (2) defined service areas as outlined in Exhibit A – Diamond Ride
Service Areas. Diamond Ride may be used to take trips to medical appointments,
grocery shopping, social events, personal services, or other reasons. Diamond
Ride is not an emergency medical transportation service.
Under a new partnership, City staff will oversee program administration, including
participant registration, ID issuance, and promotional efforts. The selected
Contractor will handle all operational aspects and collaborate with the City to
address participant concerns and maintain a high-quality service experience.
The City prioritizes exceptional customer service and expects Contractors to
demonstrate operational efficiency, resources optimization, and innovation in
service delivery. An emphasis on utilizing modern technologies and tools to
enhance the rider experience will be a part of the evaluation criteria.
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Diamond Ride Service Data
Below is a table representing the number of total trips provided through the
Diamond Ride Program for fiscal years 2022-2023 and 2023-2024.
Diamond Ride Program – Trip History
Date No. of Trips Average Monthly Trips
FY 22-23 6,977 581
FY 23-24 9,692 808
Below is a table representing the total number of Regular Vehicle trips provided
through the Diamond Ride Program for fiscal years 2022-2023 and 2023-2024.
Diamond Ride Program – Regular Vehicle Trips
Date No. of Trips
July 1, 2022 – June 30, 2023 6,342 529
FY 23-24 8,873 739
Below is a table representing the total number of Wheelchair-Accessible Vehicle
trips provided through the Diamond Ride Program for fiscal years 2022-2023 and
2023-2024.
Diamond Ride Program – Wheelchair-Accessible Vehicle Trips
Date No. of Trips Wheelchair-Accessible
July 1, 2022 – June 30, 2023 635 53
FY 23-24 819 68
While actual service levels fluctuate month-to-month, the City has observed an
incremental increase in ridership. As shown in the tables above, there has been
an approximate 39% increase in ridership between fiscal years 2022-2023 and
2023-2024.
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4. ALTERNATIVE PROPOSALS
The City invites Contractors to submit alternative proposals for the Dial-A-Ride
service that demonstrate significant improvements in service delivery and cost
efficiency while adhering to the outlined Scope of Work. Proposals featuring
innovative and practical solutions are encouraged, whether closely aligned with
the City’s current program specifications outlined in the Scope of Work or feature
a Contractor-Proposed Program that fulfills the service requirements.
Contractors may submit up to two (2) proposals. Each submission must be
prepared as a complete and separate set of documents and clearly labeled as
“Option 1 – Existing Diamond Ride Program” or “Option 2 – Contractor-Proposed
Program.”
5. SCOPE OF WORK AND DELIVERABLES
Proposals must address all required tasks listed below and clearly describe the
Contractor’s approach to completing each task. At a minimum, proposals should
address the following key service elements:
A. SERVICE CHARACTERISTICS
1. Commencement. Contractor shall commence services on July
1, 2025.
2. Hours of Operation. The Diamond Ride Program shall operate
year-round, seven (7) days a week, from 7:00 a.m. to 8:00 p.m.
PST, including all holidays.
3. Eligible Users. The program shall be available to Diamond Bar
residents who meet one of the following eligibility criteria:
• Age: At least sixty (60) years of age; or
• Disability: Adults (18 years or older) with disabilities,
certified by a physician or possessing a disability
card/document issued by the Veterans Administration,
Department of Motor Vehicles, or Social Security
Administration.
Eligible users are permitted up to thirty (30) one-way trips per
month, with all trips required to either begin or end within the
city limits of Diamond Bar. The Contractor shall be responsible
for tracking all Diamond Ride cardholders' trips to ensure
compliance with the monthly trip limit.
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4. Identification. The City will register and certify eligible program
participants, issuing identification cards valid for two (2) years.
The City will provide the Contractor with the most current and
eligible Diamond Ride user data, and the Contractor is
responsible for updating their system with this information. The
Contractor is responsible for ensuring that expired cards are
not accepted and that users present their valid identification
card for every trip.
5. Dedicated Telephone Number. The Contractor must maintain
a dedicated telephone line for program participants to
schedule trips and make inquiries. The call center must:
● Be staffed to provide prompt responses, ensuring
customer hold times do not exceed ninety (90) seconds.
● Provide multilingual support, with bilingual (Mandarin
and Korean) dispatchers highly desired.
● Operate continuously (24/7, year-round, including
holidays) and include a backup phone line to ensure
continuous service.
All calls must be recorded and accessible to the City upon
request. Dispatchers must greet callers with “Diamond Ride.”
Preferred Call Center Location: The City prefers a call center
local to the service area. Any outsourcing or subcontracting of
call center services must be disclosed to the City.
6. Scheduling a Trip. To schedule a trip, eligible Diamond Ride
cardholders must call the dedicated phone number and
provide the dispatcher with:
• Diamond Ride ID number.
• Name.
• Phone number.
• Date and time.
• Pickup location.
• Destination and applicable return trip information.
If the cardholder uses a mobility device, they should request a
wheelchair-accessible vehicle. During the trip request process,
the dispatcher must gather as much information as possible to
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ensure the appropriate service is provided to the Diamond
Ride cardholder.
When the cardholder begins their trip, they must show the
vehicle operator their Diamond Ride ID to confirm their
eligibility. If the rider fails to identify themselves as an eligible
user to either the dispatcher or the vehicle operator, the
Contractor will be responsible for paying the full fare, and the
City must not be billed for any part of the trip.
7. Lead Time in Scheduling a Trip. While same-day reservations
are allowed, participants are encouraged to schedule trips at
least one (1) day in advance. Each trip must be requested
individually, and the Contractor is responsible for monitoring
and enforcing the monthly trip limit.
8. Response Time. The program requires a 15-minute pick-up
window for vehicles to arrive before or after the scheduled
time. For instance, if a trip is scheduled for 9:00 a.m. PST, the
vehicle may arrive between 8:45 a.m. and 9:15 a.m. PST.
Dispatchers shall inform cardholders about this 15-minute pick-
up window when they call to schedule a trip.
• If a vehicle arrives 16 minutes or more after the
scheduled trip, the trip must be free of charge to the
rider, and the City must not be billed for any portion of
the trip.
● The Contractor must achieve a minimum 95% on-time
performance rate each month or face potential
liquidated damages.
If a Diamond Ride cardholder contacts the call center to
request the Estimated Time of Arrival ("ETA") for their scheduled
trip, dispatchers shall provide an accurate and true ETA. If a
dispatcher fails to provide an accurate ETA to the Diamond
Ride cardholder, the Contractor must cover the full fare of the
trip, and the Diamond Ride cardholder and City must not be
charged for any portion of the trip.
9. Pick-Up and Drop-Off Standards. The program is a curb-to-curb
service. Vehicle operators are expected to signal their arrival
by gently honking or contacting their rider directly. When
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vehicles arrive, riders may not always be at the curb.
Occasionally, vehicle operators may need to enter a facility,
such as the lobby of a doctor’s office, to locate a rider who is
not waiting outside.
For wheelchair-accessible vehicles, vehicle operators must
assist passengers when boarding by securing mobility devices
and ensuring safety inside the vehicle.
For regular vehicles, riders must enter and exit the vehicle
independently. Vehicle operators shall not assist riders with
boarding and alighting. However, one (1) guest, who may be
a personal care assistant or an escort, is allowed to
accompany the rider at no additional charge if assistance is
needed.
Riders may bring up to five (5) grocery bags or parcels (max
weight: 25 lbs.). Vehicle operators may assist with loading such
items into the vehicle.
10. Guest. Each eligible cardholder may bring one (1) guest at no
additional charge. Trips shall not be scheduled solely for
transporting a guest. The Contractor must report guest usage
separately from eligible cardholder data.
11. Service Areas. The program includes two (2) designated
service areas as noted in Exhibit A – Diamond Ride Service
Areas. The Contractor must ensure that trips beyond these
service areas are not scheduled.
Service Area 1
All locations within Diamond Bar city limits.
Service Area 2
Trips to up to five (5) miles beyond Diamond Bar city limits,
specifically bounded by:
● North: San Bernardino Freeway (I-10)
● East: Ramona Avenue
● South: Imperial Highway/Carbon Canyon Road/Chino
Hills Parkway
● West: Harbor Boulevard/Azusa Avenue
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Service Area 2 also includes the following eligible medical
facilities:
● Pomona Valley Medical Center in Pomona,
California.
● Providence St. Jude Medical Center in Fullerton,
California.
● Kaiser Permanente Baldwin Park Medical Center
in Baldwin Park, California.
● Kaiser Permanente Irwindale Medical Offices in
Irwindale, California.
Associated medical facilities within a half-mile radius of these
eligible medical facilities are also eligible under Service Area 2.
Service area boundaries and approved satellite medical
facilities may change at any time based on the needs of the
City.
12. Fares. Upon commencement of a trip, Diamond Ride
cardholders must pay the driver directly via cash or credit
card. The fare structure is as follows:
• Service Area 1: $0.50 one way ($1.00 round-trip).
• Service Area 2: $1.50 one way ($3.00 round-trip).
Fares are subject to change at the discretion of the City based
on program needs.
13. Billing. For each trip, the Contractor shall invoice the City
monthly at the ‘Flag Drop’ and ‘Distance’ rates and any other
applicable charges, as outlined in Exhibit B – Monthly Rate
Proposal Form. Charges shall be determined by the ‘Flag Drop’
and ‘Distance’ traveled of each trip, not trip duration. The fare
collected from cardholders will be:
• Retained by the Contractor.
• Reported to the City.
• Deducted from the total invoiced meter fare.
The City reserves the right to waive Dial-A-Ride fares for
specified periods. The Contractor shall document all fare
revenue collection in accordance with City procedures. The
City may audit these collections and accounting at any time
without prior notice.
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14. Shared Rides. The Contractor shall make reasonable efforts to
implement shared rides to enhance efficiency and reduce
City costs.
For "incremental shared rides," where multiple cardholders are
picked up and dropped off at the same or nearby
destinations, each cardholder must pay the applicable fare.
All fare box amounts collected for shared rides must be
deducted from the total invoiced meter fare to the City.
15. Holiday Ride. To support the City’s “Keep it Local: Shop
Diamond Bar First” initiative, the City offers a free, seasonal Dial-
A-Ride service called Holiday Ride during the holiday season.
• Duration: From Black Friday to January 1.
• Eligibility: Diamond Bar residents aged 18 and older.
• Hours: 7:00 a.m. to 8:00 p.m. PST.
• Service: Trips to and from businesses within Diamond Bar
at no charge.
City staff will certify eligible Holiday Ride program participants
and provide the Contractor with the most current and eligible
Holiday Ride user data. Existing Diamond Ride cardholders
automatically qualify for the Holiday Ride Program. Holiday
Ride trips do not count against each eligible Diamond Ride
cardholder’s monthly trip allocation.
The Contractor is required to track Holiday Ride trips separately
from the monthly Diamond Ride trips and provide itemized
billing for Holiday Ride services in monthly invoices. The
Contractor will receive the 'Flag Drop' and 'Distance' rates and
any other applicable rates, as specified in Exhibit B – Monthly
Rate Proposal Form for all eligible Holiday Ride trips.
16. Management Reports. The Contractor must submit a detailed
report with each monthly billing statement. Each report must
contain data as specified in Exhibit C – Report Data. Reports
must be submitted by the 15th of the following month and
should leverage innovative tools and technologies for data
presentation.
Upon request, the Contractor shall provide maintenance
reports for Diamond Ride vehicles including warranty work,
preventive maintenance, and repairs, ensuring compliance
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with applicable State and Federal regulations and the City's
evaluation needs.
The City reserves the right to inspect vehicles, maintenance
records, and equipment. Any identified substandard or unsafe
conditions must be addressed immediately by the Contractor.
17. Customer Satisfaction Survey and Operations Meeting. The
Contractor must conduct an anonymous satisfaction survey
annually to all Diamond Ride cardholders, including registered
but inactive cardholders. This survey shall be designed in
collaboration with City staff and provided in English, Mandarin,
and Korean. Additionally, the Contractor shall hold monthly
meetings, or meetings at a frequency mutually agreed upon
by the City and the Contractor, to discuss performance,
service enhancements, and results from the satisfaction survey
to ensure continuous service improvements and effective
communication.
18. Continuous Improvement. The Contractor shall collaborate
with the City to ensure the service remains cost-effective and
responsive. The Contractor is expected to proactively
evaluate the program and recommend improvements to
service operations, administrative practices, and program
guidelines, with the City making the final decision.
19. Responsibility of Contractor. The Contractor is responsible for
delivering a comprehensive turnkey Dial-A-Ride program
encompassing all program aspects including, but not limited
to, facilities, fleet, equipment, supplies, maintenance, and
administrative support.
20. Responsibility of City. The City will provide program guidelines,
process applications, renewals, ID cards, and promotional
materials.
B. ADJUSTMENT TO SERVICE LEVEL
The City reserves the right to modify services including hours, days,
service areas, fares or reservation requirements.
The Contractor must implement changes within thirty (30) calendar
days of receiving notice from the City. If changes are not feasible,
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the City may terminate the agreement, compensating the
Contractor for services rendered up to the termination date.
C. CONTRACTOR’S PERSONNEL
The Contractor shall be responsible for ensuring that all employees
perform their work satisfactorily, as outlined in the RFP or according
to any reasonable performance standards set by the City. The
Contractor shall pay all wages and benefits as required by Federal,
State, and local law to all employees, contractors, and
subcontractors. Additionally, without incurring any extra costs for the
City, the Contractor shall adhere to the requirements for employee
liability, workers' compensation, employment insurance, and Social
Security. The Contractor must hold the City harmless and defend the
City against any liabilities, damages, claims, or costs that may arise.
The City reserves the right to remove personnel employed by the
Contractor from providing services specifically for the Diamond Ride
Program. This shall not imply termination of employment. Rather, the
individual may continue to be employed by the Contractor for other
services unrelated to the Diamond Ride Program. The Contractor is
responsible for replacing removed personnel without disrupting the
execution of the responsibilities outlined in the agreement. The
Contractor must immediately notify the City of any new hires or
reassignments of program personnel.
Project Manager
The Contractor must appoint a dedicated Project Manager as the
City’s primary point of contact. This individual shall be accessible by
phone or email during all hours of Diamond Ride operations. The
ideal Project Manager shall be an experienced leader in transit
operations who can show empathy towards limited mobility and
elderly participants.
Key responsibilities include:
● Problem-solving and decision-making during operational
hours.
● Supervising staff and maintaining coordination.
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● Attending regular meetings with City staff to discuss contract
compliance, performance standards, operational issues, and
marketing activities.
The City reserves the right to remove the Project Manager and
require that the Contractor replace said individual with another
Project Manager who is acceptable to the City. This shall not imply
termination of the Project Manager. Rather, the individual may
continue to be employed by the Contractor for other services
unrelated to the Diamond Ride Program.
Vehicle Operators
The Contractor must provide an adequate number of vehicle
operators to fulfill the Scope of Work, including backup operators to
ensure uninterrupted service delivery. All vehicle operators shall
adhere to a schedule designed to maintain consistent, high-quality
service. Each vehicle operator must possess a valid California Driver's
License and any other necessary certificates, licenses, and training
required by applicable Federal, State, and local regulations.
Additionally, vehicle operators shall maintain a clean and
professional appearance while performing their duties.
All vehicle operators must meet the following minimum qualifications:
• No convictions or plea of no contest for driving while
intoxicated or under the influence of controlled substances
within the past five (5) years and no pending criminal charges
for similar offenses.
• No suspended or revoked driver’s license within the past five
(5) years.
• Not addicted to alcohol or controlled substances.
• No outstanding warrants for arrest.
• Thorough knowledge of the local street network.
• Sensitivity to the needs of passengers, including the ability to
assist with requests.
• Capability to address complaints and resolve problems as they
arise.
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Vehicle operators shall receive training on all operational procedures
related to the Dial-A-Ride service. Training shall include customer
service techniques for interacting with the public in a helpful and
courteous manner, essential program information, details about the
City, and sensitivity training focused on the needs of elderly
passengers and those with limited mobility. The Contractor shall
explain how it will maintain an ongoing employee safety and training
program in its RFP response.
All vehicle operators shall be trained to operate wheelchair lifts,
ramps, securement systems, and any other equipment used in the
Dial-A-Ride service. This requirement applies to all vehicle operators,
including regularly assigned vehicle operators and those providing
relief.
The Contractor must conduct pre-employment Department of Motor
Vehicles (“DMV”) checks on all personnel hired for Diamond Ride
and must join the California DMV Pull Notice Program – a program
that notifies the Contractor of any activity on a vehicle operator's
driving record. Vehicle operators who exceed the California DMV
point system or hold a revoked or suspended license must not
provide service to the Diamond Ride Program. The Contractor shall
inform the City of the results of these checks and any corrective
actions taken.
Vehicle operators are prohibited from requesting or soliciting tips
from Diamond Ride cardholders. While tips may be accepted if
offered, any vehicle operator who receives more than one (1)
complaint for soliciting tips must be removed from the Diamond Ride
Program.
Dispatch and Service Information Personnel
The Contractor shall employ capable and courteous dispatch and
call center personnel responsible for handling Diamond Ride
requests. This includes, but is not limited to:
• Accurately recording and scheduling trip reservations.
• Effectively managing complaints and customer service
inquiries.
• Responding to phone calls about transportation services.
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Bilingual (Mandarin and Korean) dispatchers are highly desirable.
D. ALCOHOL/DRUG SCREENING PRACTICES
The Contractor shall implement and maintain a comprehensive
substance abuse screening program for all personnel involved in
operations of the Diamond Ride Program. This program shall include
ongoing drug and alcohol testing to ensure a safe and compliant
workplace. The Contractor shall adhere to all current Department of
Transportation regulations, as well as any applicable local, State, and
Federal standards.
The program may include, but is not limited to, the following
components:
• Pre-Employment Screening: Pre-employment drug and
alcohol testing procedure to assess potential hires before they
commence work.
• Incident or Accident Testing: Conduct drug and alcohol
testing following any workplace incident or accident to
determine if substance use contributed to the situation.
• Reasonable Suspicion Testing: Establish protocols for testing
employees based on observable signs and behaviors that may
indicate substance abuse.
• Supervisor Training: Provide comprehensive training for
supervisors to recognize the symptoms of drug and alcohol
use, enabling them to identify and address potential issues
proactively.
E. SAFETY
The Contractor is required to maintain an ongoing safety program
that encourages and rewards safe driving practices. Vehicle
operators who present health or safety risks shall not provide service
to the Diamond Ride Program. The Contractor shall include a
detailed description of a comprehensive safety plan that illustrates
their commitment to safe transportation.
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F. VEHICLES/EQUIPMENT
The Contractor must provide sufficient vehicles to provide a premier
level of service to a large number of elderly and limited mobility
riders. Vehicles shall be marked and easily recognizable by Diamond
Ride cardholders. The City will rely on the Contractor's expertise to
determine the appropriate number of dedicated vehicles needed
for the Diamond Ride Program in alignment with the SERVICE
CHARACTERISTICS section of this Scope of Work.
The Contractor shall make available said number of vehicles and
vehicle operators at all times during the operating hours of Diamond
Ride. All vehicles used in this program must comply with the
requirements outlined in this RFP.
The Contractor must provide a detailed description of their proposed
fleet, demonstrating adherence to Americans with Disabilities Act
(“ADA”) standards and the specific service needs of the City. At a
minimum, the Contractor’s fleet shall include regular sedans and
wheelchair-accessible vehicles. The Contractor may utilize
alternative fuel vehicles to provide service.
The Contractor shall be responsible for ensuring that all vehicles and
associated equipment are maintained in excellent working
condition, meeting the satisfaction of the City. This includes handling
all coordination with the vehicle manufacturer as necessary for
proper upkeep and maintenance. The Contractor shall be
responsible for negotiating and processing any warranty claims
through the manufacturer’s warranty department and is responsible
for collecting any associated credits or extended warranties for the
duration of the warranty period.
Each vehicle must undergo a daily pre-trip inspection conducted by
the vehicle operator before service. This daily inspection must be
supplemented by regular time and mileage-based maintenance
inspections to guarantee that all vehicles remain in safe and
operational condition. The Contractor shall maintain a
comprehensive record of all inspections, which must be made
readily available to the City upon request.
Applicable Codes and Regulations
All vehicles operating under the Diamond Ride Program must meet
safety standards for public street use and comply with all relevant
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regulations outlined in the California Vehicle Code. Additionally, all
parts and equipment must conform to Federal Vehicle Safety
Standards and the California Code of Regulations, Title 13. The
Contractor must adhere to the California Highway Patrol Motor
Carrier Safety Regulations and shall bear the costs of all appropriate
licensing fees for drivers, personnel, and vehicles.
Vehicle Maintenance
The Contractor shall provide and maintain suitable vehicle storage
and maintenance facilities where vehicles and equipment can be
garaged and serviced. The location of such facilities must be
disclosed, and they will be subject to inspection by the City. Should
new facilities be required, the Contractor shall outline the steps to
obtain those sites prior to the start of service.
At all times, the Contractor shall ensure that every vehicle
component—including the body, frame, wheelchair lift, furnishings,
and all mechanical, electrical, and hydraulic systems—are
maintained in proper working condition free from damage or
malfunction. Any vehicle that is damaged shall be repaired
immediately to ensure safe and efficient mechanical operation.
All vehicles used for the program must be maintained in a clean
condition, with exterior washing conducted at least once a month.
Exterior washing must also be conducted after any specific event or
service or at the request of the City. All cleaning activities are subject
to weather-permitting conditions.
Preventive maintenance inspections and servicing shall occur at
least every 5,000 miles or every 30 days, whichever occurs first. The
Contractor shall explain the preventive maintenance program for all
vehicles intended for use in the Diamond Ride Program.
As part of their RFP response, Contractors must submit a photograph
of a regular vehicle and wheelchair-accessible vehicle to be used
for the Diamond Ride Program.
G. OPERATIONAL EMERGENCIES
The Contractor shall be responsible for enforcing policies on
operational emergencies and must handle and resolve all in-service
operational emergencies. The Contractor must report all operational
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emergencies, including those listed below, to the City immediately
and no later than the next business day.
Hazardous Conditions
Vehicle operators shall report any hazardous road conditions in the
City, such as downed trees, potholes, uneven road surfaces, and
malfunctioning signals. The Contractor shall be responsible for
promptly notifying the City about these conditions and taking the
necessary precautions to ensure the safety of passengers and
vehicle operators.
In-Service Vehicle Failures
The Contractor shall report any in-service vehicle failures to the City.
The Contractor shall assess the situation, use sound judgment, and
instruct the vehicle operator on the appropriate corrective action. If
necessary, the Contractor shall promptly dispatch a spare vehicle to
the location to continue service.
Wheelchair Lift Failure
The Contractor shall be responsible for properly operating and
maintaining all wheelchair lifts. Contractors shall report to the City
any wheelchair lift failures that occur during service. If necessary, the
Contractor shall promptly dispatch a spare vehicle to the location to
continue service.
Medical Assistance to Riders
Vehicle operators shall exercise good judgment when responding to
accidents, injuries, or illnesses involving Diamond Ride cardholders. If
a Diamond Ride cardholder requires medical assistance, the vehicle
operator should promptly contact emergency medical personnel by
dialing 911 and informing the Contractor about the situation. An
incident report documenting the facts of the incident must be
completed by the Contractor and submitted to the City no later than
the following business day.
Traffic Collision
All vehicle operators shall report traffic collisions involving in-service
Diamond Ride vehicles to the Contractor and assess the situation to
promptly notify law enforcement, the fire department, or medical
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personnel if necessary. The Contractor must report all traffic collisions
to the City by telephone immediately. An accident report
documenting the incident must be completed by the Contractor
and submitted to the City no later than the following business day.
H. PERFORMANCE MANAGEMENT
The City will establish performance standards for the Diamond Ride
Program. The Contractor and the City will meet periodically to
evaluate the program and assess its performance. If the standards
do not meet their intended purpose, they may be adjusted based
on recommendations from the Contractor, with the City making the
final decision.
If performance deficiencies persist, the City may assess liquidated
damages, which will be deducted from monthly invoices. The City
Manager or their designated representative has the authority to
assess these liquidated damages against the Contractor.
Dial-A-Ride services must be provided in accordance with the City’s
standards. The Contractor will not be held responsible for delays
caused by weather, traffic conditions, unavoidable vehicle
malfunctions, natural disasters, or any other circumstances beyond
the Contractor's control.
The City may assess liquidated damages for failure to meet various
requirements of the program, the following provide examples:
a. If a 95% on-time performance rate is not achieved during
any given month, the Contractor may be assessed
liquidated damages in the amount of $250 for each month
of noncompliance.
b. The fourth and any additional justified complaints about
service that does not meet the requirements of the
program within a 30-day period, the Contractor may be
assessed liquidated damages in the amount of $100.00 per
complaint.
c. If the Contractor fails to commence service on July 1, 2025,
the Contractor may be assessed liquidated damages in the
amount of $100.00 for each service day of delay.
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d. If the wait time of a pre-scheduled trip exceeds 30 minutes
after the scheduled time, the Contractor may be assessed
liquidated damages in the amount of:
• $50.00 for a wait time exceeding 30 minutes
• $100.00 for a wait time exceeding 45 minutes
• $150.00 for a wait time exceeding 60 minutes
e. If a trip request is not scheduled by dispatch or no vehicle
was dispatched for a trip, the Contractor may be assessed
liquidated damages in the amount of $200.00 per incident.
f. If the Contractor fails to submit the monthly Management
Report as required for the Program, the Contractor may be
assessed liquidated damages in the amount of $100 for
each day the submission is delayed.
6. FORMAT AND CONTENTS OF PROPOSAL
The Contractor’s proposal shall contain the following information and shall be
organized as follows:
A. Cover Letter
A brief cover letter summarizing key points of the Proposal that must be
signed by an individual with authority to bind the Contractor and should
state all conditions proposed are valid for a period of at least one hundred
and eighty (180) calendar days.
B. Project Team
An organization chart indicating principals and key project team members.
Also, provide resumes or copies of licenses or professional certificates of the
key personnel involved with this contract including personnel from
subcontractors (if any). Identify the experience of the personnel assigned
and briefly outline the responsibilities of each member. If any changes in
personnel or subcontractors occur during the contract period, the
Contractor shall notify the City and furnish the same required information
for review and approval.
C. Firm's Experience/References
Provide a list of at least three (3), but no more than six (6), references who
may be contacted to discuss their experience working with the Contractor
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providing similar Dial-A-Ride services. Please provide contact information,
including Organization, Name, Title, Address, Phone, Email, Project Name,
and Date of Completion.
D. Methodology/Project Understanding
Describe the approach and methods for fulfilling the Scope of Work, and
identify any potential concerns or issues your firm anticipates during this
contract.
The proposal must also include a detailed work plan that explains the
approach the Contractor will utilize to provide the service. This plan must
demonstrate the Contractor’s understanding of the Scope of Work and
should refine or expand on the scope of services to show how the
Contractor intends to deliver service.
The work plan should also describe how the Dial-A-Ride service will be
carried out, from the Diamond Ride cardholder’s trip request to billing the
City. The Contractor must describe the transition plan between the time
that an agreement is awarded and the first day of service. If the you plan
to use subcontractors, please describe each subcontractor and the
specific work they will be responsible for.
Additionally, proposals must describe the Contractor’s ongoing employee
safety and training program and its preventative maintenance program for
all vehicles and include photographs of their proposed fleet for the
Diamond Ride program.
E. Cost for Services
Provide a detailed not-to-exceed cost proposal, clearly identified by
annual cost and in alignment with the City’s fiscal year – July 1 to June 30
of the subsequent calendar year, to accomplish the services requested.
Cost proposal must also include any initial startup costs, which are those
associated with the transition plan between the time an agreement is
awarded and the first day of service to ensure a successful launch of the
service.
Diamond Ride cardholders shall pay a set fare. Contractor shall invoice the
City for each trip at the approved meter rate in effect at that time. Charges
are to be determined solely by the ‘Flag Drop’ and ‘Distance’ traveled, not
by the duration of the trip. Other applicable fees, as stated in Exhibit B –
Monthly Rate Proposal Form submitted by the Contractor may apply. The
fare box amount paid by the Diamond Ride cardholder shall be retained
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by the Contractor, reported to the City, and deducted from the total meter
fare invoiced to the City.
Please clearly highlight any additional or recommended tasks and
associated costs that are included. No additional charges for items such
as transportation, out-of-pocket expenses, etc., will be paid unless these
are specifically included in the proposal.
If proposing a Contractor-Proposed Program (refer to section 4. Alternative
Proposals), provide a detailed and itemized not-to-exceed cost proposal,
including additional services and their associated costs for the City’s
consideration. The City will not pay for services not included in the
Contractor’s response.
F. Insurance
Proof of compliance with insurance requirements addressed in the
professional services agreement of this Request for Proposal shall be
submitted by the selected Contractor upon execution of the contract as
defined under the City’s existing purchasing Ordinance.
The selected Contractor must submit a "Statement Certifying Insurance
Coverage" certifying that the required insurance coverage will be
obtained by the Contractor, and that the Contractor understands said
coverage is prerequisite for entering into an agreement with the City. The
Contractor is required to confirm with its insurance carrier that it can meet
all the requirements for insurance. Failure to meet the insurance regulations
as set forth shall result in proposer’s disqualification.
G. Services Agreement
Provide a statement certifying that you agree to the City’s Services
Agreement terms and conditions. Any objections or proposed edits to the
agreement shall be submitted with the proposal for staff’s review and
consideration.
7. SUBCONTRACTING
The Contractor may utilize the service of specialty Subcontractors for tasks
which, under normal contracting practices, are performed by specialty
Subcontractors. Unless a specific Subcontractor is listed by the Contractor in its
proposal, Contractor is representing to City that Contractor has all appropriate
licenses, certifications, and registrations to perform the work hereunder.
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After submission of the Proposal, the Contractor shall not award work to any
Subcontractor(s) without prior written approval of the City. The Contractor shall
be fully responsible to the City for the performance of the Subcontractors, and
of persons either directly or indirectly employed by them. Nothing contained
herein shall create any contractual relation between any Subcontractor and
the City.
8. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to withdraw, reduce, or revise elements of the scope
of work prior to the award of any contract. Furthermore, the City reserves the
right to reject any or all proposals submitted, and no representation is made
hereby that any contract will be awarded pursuant to this RFP, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of
additional information and/or in any other aspect of a proposal prior to the
award of a written contract will be borne by the Contractor. The City shall only
provide the staff assistance and documentation specifically referred to herein
and shall not be responsible for any other cost of obligation of any kind which
may be incurred by the proposing Contractor.
The City may investigate the qualifications of any Contractor under
consideration, require confirmation of information furnished by a Contractor,
and require additional evidence of qualifications to perform the services
described in this RFP. In addition to the rights described above, the City
reserves the right to:
● Issue subsequent RFPs.
● Cancel the entire RFP.
● Remedy technical errors in the RFP process.
● Appoint evaluation committees to review proposals.
● Seek the assistance of outside technical experts in proposal
evaluations.
● Approve or disapprove the use of particular subcontractors.
● Negotiate with any, all, or none of the proposing Contractors.
● Solicit best and final offers from any or all proposing Contractors.
● Award a contract to one or more Contractor(s) and/or program(s).
● Accept other than the lowest offer.
● Waive informalities and irregularities in proposals.
9. PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City and subject
to the California Public Records Act. Those elements in each proposal which
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are trade secrets as that term is defined in Civil Code section 3426.1(d) or
otherwise exempt by law from disclosure and which are prominently marked
as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to
disclosure. The CITY shall not in any way be liable or responsible for the
disclosure of any such records including, without limitation, those so marked if
disclosure is deemed to be required by law or by an order of the Court.
Contractors which indiscriminately identify all or most of their proposal as
exempt from disclosure without justification may be deemed non-responsive.
In the event the CITY is required to defend an action on a Public Records Act
request for any of the contents of a proposal marked "confidential",
"proprietary", or "trade secret", Contractors agree, upon submission of their
proposal for City's consideration, to defend and indemnify the City from all
costs and expenses, including attorney’s fees, in any action or liability arising
under the Public Records Act.
10. POINT OF CONTACT
Questions must be submitted on or before Friday, February 14, 2025 @ 12:00
p.m. PST via PlanetBids. Questions sent directly to City Staff will not be
addressed and Proposers will be directed to submit their question(s) online via
the ‘Q&A’ tab on the PlanetBids posting:
(https://vendors.planetbids.com/portal/39500/bo/bo-detail/125536)
For any questions not related to the RFP, contact:
Dannette Allen, Principal Management Analyst
dallen@diamondbarca.gov
11. SUPPORTING DOCUMENTS
Exhibit A - Diamond Ride Service Areas
Exhibit B - Monthly Rate Proposal Form
Exhibit C - Report Data for Management Reports
Exhibit D - Draft Services Agreement
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Exhibit A
Diamond Ride Service Areas
Service Area 1
All locations within Diamond Bar city limits.
Service Area 2
Trips to up to five (5) miles beyond Diamond Bar city limits, specifically bounded
by:
● North: San Bernardino Freeway (I-10)
● East: Ramona Avenue
● South: Imperial Highway/Carbon Canyon Road/Chino Hills Parkway
● West: Harbor Boulevard/Azusa Avenue
Service Area 2 also includes the following eligible medical facilities:
● Pomona Valley Medical Center in Pomona, California
● Providence St. Jude Medical Center in Fullerton, California
● Kaiser Permanente Baldwin Park Medical Center in Baldwin Park,
California
● Kaiser Permanente Irwindale Medical Offices in Irwindale, California
Associated medical facilities within a half-mile radius of these eligible medical
facilities are also eligible under Service Area 2.
Service area boundaries and approved satellite medical facilities may change
at any time based on the needs of the City.
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Exhibit B
Monthly Rate Proposal Form
Please submit proposed service rates in dollars (USD) for performing Dial-A-Ride
services. These rates will be utilized to formulate monthly compensation for the
successful Contractor. Supplementary notes explaining additional charges may be
added below at the bottom of this form.
Service days: Seven (7) days per week, year-round, including holidays
Service hours: 7:00 a.m. – 8:00 p.m. PST
Term: July 1, 2025 through June 30, 2028
Service Rate Unit
Distance $
Notes:
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Exhibit C
Report Data for Management Reports
Monthly Management Report must be submitted by the 15th of the month following the
previous billing cycle and shall include the following data:
FINANCIAL
● Total Fares, by Day, by Month
● Total Revenues, by Day, by Month
● Total Fares Net of Total Revenue, by Day, by Month
● Revenue by Different Fare Categories (i.e., farebox and meter fare)
● Total Meter Fare, Farebox, and cost per passenger
TRIPS, PER MONTH
● Total Number of Trips, by Date, Day, Week, and Month
● Total Number of Trip by Time Window: 7-10 a.m., 10 a.m. – 1 p.m., 1 – 4 p.m., 4 –
7p.m. – all in PST
● Total Number of Trips by Category: weekend, weekday, senior, disabled,
wheelchair
● Average Weekday/Weekend Trips
● Average Passengers per Hour and per Trip
● Average Net Cost per Passenger
● Shared Ride Data
● Top 40 Riders by Trips
● Total Number of Vehicle Service Miles
● Total Number of Vehicle Service Hours
● Average Miles Per Trip
● Net Cost Per Trip
CUSTOMER SERVICE, PER MONTH
● Number of Concerns
● Average Pickup Wait Time
● Number of Late Pickups
● Number of Late Drop-Offs
● Number and Percentage of Pickups within 15 minutes of scheduled time
● Number and Percentage of Pickups within 30 minutes of scheduled time
● Number and Percentage of Pickups within 45 minutes of scheduled time
● Number and Percentage of Pickups within 60 minutes of scheduled time
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EXHIBIT D
SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of , 20XX by
and between the City of Diamond Bar, a municipal corporation ("City") and ___________,
a [Insert the type of entity of the Contractor, e.g., Inc., a California corporation; a
California general partnership; a California limited liability company; a sole
proprietor; etc.] ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall
provide to the reasonable satisfaction of the City the Dial-a-Ride Transportation
services set forth in the attached Exhibit "A", which is incorporated herein by this
reference. As a material inducement to the City to enter into this Agreement, Contractor
represents and warrants that it has thoroughly investigated the work and fully understands
the difficulties and restrictions in performing the work. Contractor represents that it is fully
qualified to perform such services by virtue of its experience and the training, education
and expertise of its principals and employees.
[Insert Name and Position] ____________(herein referred to as the “City’s
Project Manager”), shall be the person to whom the Contractor will report for the
performance of services hereunder. It is understood that Contractor shall coordinate its
services hereunder with the City’s Project Manager to the extent required by the City’s
Project Manager, and that all performances required hereunder by Contractor shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect ___________, 20XX,
and shall continue until ("Term"), unless earlier terminated pursuant to the
provisions herein.
[Optional Language for Extensions] The City Manager shall have the option to
extend this Agreement for [describe extension option, e.g., two (2) additional two (2)
year terms.], subject to the same terms and conditions contained herein, by giving
Contractor written notice of the exercise of this option at least thirty (30) days prior to the
expiration of the initial Term. In the event the City exercises its option to extend the Term,
Contractor's compensation shall be subject to an adjustment upon the effective date of
extension as follows:
Any increase in compensation will be negotiated between the City and the
Contractor, but in no event shall the increase exceed the amount that the
Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside
metropolitan area for the month immediately preceding the Adjustment Date (the
"Index Month") as reported by the Bureau of Labor Statistics of the United States
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Department of Labor, has increased over the CPI for the month one year prior to
the Index Month.
3. Compensation. City agrees to compensate Contractor for each service
which Contractor performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Contractor pursuant to this
Agreement shall not exceed [Spell out dollar amount] ($ ) annually without the prior
written consent of the City. The above not to exceed amount shall include all costs,
including, but not limited to, all clerical, administrative, overhead, telephone, travel and all
related expenses.
4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the
scope or complexity of work, or for any other reason, shall be made unless and until such
extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement. The
amendment shall set forth the changes of work, extension of time, if any, and adjustment
of the fee to be paid by City to Contractor.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this Agreement
shall control.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on
behalf of City or otherwise act on behalf of City as an agent, except as specifically
provided herein. Neither City nor any of its agents shall have control over the conduct of
Contractor or any of Contractor's employees, except as set forth in this Agreement.
Contractor shall not, at any time, or in any manner, represent that it or any of its agents
or employees are in any manner employees of City.
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B. Contractor agrees to pay all required taxes on amounts paid to Contractor
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Contractor and
the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Contractor, then Contractor agrees to reimburse City for all
costs, including accounting and attorney's fees, arising out of such audit and any appeals
relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold
City harmless from any failure of Contractor to comply with applicable Worker's
Compensation laws.
D. Contractor shall, at Contractor’s sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements,
including but not limited to the City of Diamond Bar, South Coast Air Quality Management
District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement any amount
due to City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or
penalty levied against the City for Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under similar
conditions and represents that it and any subcontractors it may engage, possess any and
all licenses which are required to perform the work contemplated by this Agreement and
shall maintain all appropriate licenses during the performance of the work.
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and
against all liability, loss, damage, expense, cost (including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other
employee benefit acts with respect to Contractor’s employees or Contractor’s
subcontractor’s employees arising out of Contractor’s work under this Agreement;
and
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(2) Any and all claims arising out of Contractor's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the
City. Should City in its sole discretion find Contractor’s legal counsel
unacceptable, then Contractor shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Contractor shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by
the law of the State of California and will survive termination of this Agreement.
Except for the Indemnitees, this Agreement shall not be construed to extend to any
third party indemnification rights of any kind.
(3) The Contractor's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
10. Insurance.
A. Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Contractor, its officers, employees, agents,
and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $1,000,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that any
insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
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additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) days prior written notice thereof. Contractor agrees that it will
not cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant
to the terms of this Agreement and shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by the
City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement
shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or
deductible of the policy in lieu of the Contractor (as the named insured) should Contractor
fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall
be subject to the approval of the City. Contractor understands and agrees that
satisfaction of this requirement is an express condition precedent to the effectiveness of
this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible
constitutes a material breach of this Agreement. Should City pay the SIR or deductible
on Contractor’s due to such failure in order to secure defense and indemnification as an
additional insured under the policy, City may include such amounts as damages in any
action against Contractor for breach of this Agreement in addition to any other damages
incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Contractor, which amounts may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to
the City for review and approval. All insurance for subcontractors shall be subject to all
of the requirements stated herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor
covenants that all data, documents, discussion, or other information developed or
received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by City.
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City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Contractor's covenant under this
section shall survive the termination of this Agreement. Notwithstanding the foregoing,
to the extent Contractor prepares reports of a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Contractor's prior written
consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Contractor in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Contractor may, however, make and retain such copies of said
documents and materials as Contractor may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Contractor's records regarding the services provided under this Agreement. Contractor
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Contractor agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the services to be performed by
Contractor under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Contractor further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Contractor shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of
the performance of this Agreement. Contractor's covenant under this section shall survive
the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without cause
upon fifteen (15) days' written notice to Contractor. The effective date of termination shall
be upon the date specified in the notice of termination, or, in the event no date is specified,
upon the fifteenth (15th) day following delivery of the notice. In the event of such
termination, City agrees to pay Contractor for services satisfactorily rendered prior to the
effective date of termination. Immediately upon receiving written notice of termination,
Contractor shall discontinue performing services, unless the notice provides otherwise,
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except those services reasonably necessary to effectuate the termination. The City shall
be not liable for any claim of lost profits.
16. Personnel/Designated Person. Contractor represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. Except as provided in this Agreement, Contractor reserves the right to
determine the assignment of its own employees to the performance of Contractor's
services under this Agreement, but City reserves the right in its sole discretion to require
Contractor to exclude any employee from performing services on City's program.
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Reserved.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's
work.
20. Liquidated Damages. It is agreed by City and Contractor that, because of
the nature of the services to be rendered under this Agreement, it is impractical and
extremely difficult to fix the actual damage to City from the failure of Contractor to provide
certain services required under this Agreement and therefore liquidated damages in a
fixed sum may be assessed for such failures as described below.
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A. Amounts.
1. Customer service is very important in building ridership and support for this
service. Therefore, if a 95% on-time performance rate is not achieved during any given
month, the liquidated damages shall be $250 for each month of noncompliance.
2. Customer service is very important in building ridership and support for this
service. Therefore, the fourth and any additional substantiated complaints of
unprofessional conduct or negligent behavior by an employee of Contractor from program
participants/passengers within a 30-day period the liquidated damages shall be $100.00
per substantiated complaint.
3. If the Contractor fails to commence service on July 1, 2025, the liquidated
damages shall be $100.00 for each service day of delay.
4. If the wait time of a pre-scheduled trip exceeds 30 minutes after the
scheduled time, the liquidated damages shall be:
• $50.00 for a wait time exceeding 30 minutes
• $100.00 for a wait time exceeding 45 minutes
• $150.00 for a wait time exceeding 60 minutes
5. If a trip request is not scheduled by dispatch or no vehicle was dispatched
for a trip, the liquidated damages shall be $200.00 per incident.
6. If the Contractor fails to submit the monthly Management Report the
liquidated damages shall be $100 for each day the submission is delayed.
B. Assessment and Payment. The City will issue an invoice and accompanying
letter outlining the charges for liquidated damages owed to the City. Contractor shall have
five working days to respond to the charges and explain why the charges should not be
assessed. The City Manager will review the Contractor’s explanation and will determine
whether the charges are due or not. The City Manager’s decision shall be final. Upon
assessment, the charges will be deducted from payments otherwise due to the
Contractor.
C. Liquidated damages will not be assessed in cases where excused delays or
conditions described in Section 21 below apply.
21. Delays and Extensions of Time; Excusable Conditions.
A. Contractor's sole remedy for delays outside its control shall be an extension of
time. No matter what the cause of the delay, Contractor must document any delay and
request an extension of time in writing at the time of the delay to the satisfaction of City.
Any extensions granted shall be limited to the length of the delay outside Contractor’s
control. If Contractor believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to
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be incurred and the exact amount of such cost within 10 days of the time the delay occurs.
No additional costs can be paid that exceed the not to exceed amount absent a written
amendment to this Agreement. In no event shall the Contractor be entitled to any claim
for lost profits due to any delay, whether caused by the City or due to some other cause.
B. Contractor shall be excused from performing its obligations hereunder and from
any obligation to pay Liquidated Damages to the extent and for the period of time it is
prevented from so performing by reason of floods, earthquakes, pandemics, other acts of
nature, war, civil insurrection, riots, acts of any government (including judicial action), and
other similar catastrophic events which are beyond the control of and not the fault of the
Contractor.
C. Labor unrest, including work stoppage or slowdown or sick-out conducted by
Contractor' s employees or directed at Contractor is excused from performance only to
the extent that the following requirements are met:
• Contractor provides a contingency plan to the City, which shall be subject to
City Manager approval and Contractor shall amend the plan until it meets City
requirements.
• Contractor shall meet all requirements of the plan; if Contractor does not meet
all requirements, City may choose to revoke this excuse from performance
offered under this Agreement.
• Should Contractor claim excuse from performance under this subsection,
Contractor shall, within two (2) days after notice of such cause, give the City
notice of the facts constituting such cause and asserting its claim to excuse
under this subsection.
22. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the
prior written consent of City, and any attempt by Contractor to so assign this Agreement
or any rights, duties, or obligations arising hereunder shall be void and of no effect.
23. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Contractor constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
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provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and contractors.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the
parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize
their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual good
faith efforts to resolve the same any dispute or controversy as provided herein, shall be
a condition precedent to the institution of any action or proceeding, whether at law or in
equity with respect to any such dispute or controversy
27. Notices. Any notices, bills, invoices, or reports required by this Agreement
shall be deemed received on (a) the day of delivery if delivered by hand during regular
business hours or by facsimile before or during regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the
addresses heretofore set forth in the Agreement, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to the provisions of this section.
“CONTRACTOR” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail: E-mail:
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any action
brought under this Agreement shall be in Los Angeles County.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement between
Contractor and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision
or breach hereof waived, except in a writing signed by the parties which expressly refers
to this Agreement. Amendments on behalf of the City will only be valid if signed by a
person duly authorized to do so under the City's Purchasing Ordinance.
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IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor" "City"
[Insert Full Name of Contractor] CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: [Insert Name of Person authorized to
Title: sign, i.e., City Manager or Mayor
By: ATTEST:
Printed Name:
Title:
[Name], City Clerk
Approved as to form:
By:____
[Name] City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer.
If only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.