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C-8306-2 - Service Agreement for Balboa Peninsula Transit Services; Amendment No. 1-4
, s AMENDMENT NO. FOUR TO DO SERVICE AGREEMENT WITH LAZ PARKING CALIFORNIA, LLC V (FORMERLY PROFESSIONAL PARKING) FOR BALBOA PENINSULA TRANSIT SERVICES THIS AMENDMENT NO. FOUR TO SERVICE AGREEMENT ("Amendment No. Four") is made and entered into as of this 31 st day of December, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and LAZ PARKING CALIFORNIA, LLC, a Connecticut limited liability company ("Contractor"), whose address is One Financial Plaza, 14th Floor, Hartford, CT 06103, and is made with reference to the following: RECITALS A. On April 11, 2017, City and Professional Parking, a California corporation ("Professional Parking") entered into a Service Agreement ("Agreement") to provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program ("Project," "Services," or "Work"). B. On July 24, 2017, City and Professional Parking entered into Amendment No. One to the Agreement ("Amendment No. One") to add Labor Day to the Project schedule for every year of the Agreement, and to increase and update the total compensation. C. On October 20, 2017, City and Professional Parking entered into Amendment No. Two to the Agreement ("Amendment No. Two") to increase the compensation for the Original Term (i.e. first year of the Agreement) for additional Services not contemplated at the time of Amendment No. One. D. On April 10, 2018 City and Professional Parking entered into Amendment No. Three to the Agreement ("Amendment No. Three") to revise the term of the Agreement, to reflect amended Services and additional Services not included in the Agreement, as amended, to increase the compensation for additional Services not contemplated at the time of Amendment No. One or Amendment No. Two through an updated Program Fee Schedule, and to update the Project's Route Map, Stops, and Draft Schedules. E. On December 3, 2018, Professional Parking and Contractor entered into an Assignment, Assumption, and Consent Agreement, whereby Professional Parking assigned any and all rights and obligations under the Agreement, as amended, in its entirety to Contractor, which was approved by City. F. The parties desire to enter into this Amendment No. Four to extend the term of the Agreement to December 31, 2024, to allow for the performance of services that were postponed during the government shutdown caused by the COVID-19 pandemic, and to update the billing rates and increase the total compensation. LAZ Parking California, LLC Page 1 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on April 11, 2017 ("Effective Date"), and shall terminate on December 31, 2024, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT Exhibit D to the Agreement shall be supplemented to include the Summer 2024 Hourly Trolley Rates, attached hereto as Exhibit D-1 and incorporated herein by reference. Exhibit D-1 to Amendment No. Three, and Exhibit D-1 to this Amendment No. Four, shall collectively be known as "Exhibit D" to the Agreement. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Program Fee Schedule attached hereto as Exhibit D and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million One Hundred Fifty Four Thousand Nine Hundred Twenty One Dollars and 40/100 ($1,154,921.40), without prior written amendment to the Agreement. This amount is inclusive of a City - allocated contingency in the amount of One Hundred Thousand Dollars and 00/100 ($100,00.00) to allow for unforeseen costs or special events in order to meet the needs and demands of the public as approved by the City's Project Administrator. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees and contingency, in an amount not to exceed Thirty Thousand Dollars and 00/100 ($30,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. To the extent there are any inconsistencies between this Amendment No. Three and the Agreement as previously amended, the terms of this Amendment No. Three shall govern. [SIGNATURES ON NEXT PAGE] LAZ Parking California, LLC Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: .3/ 134 1/,y By: A 6J t q a on C. Harp 'yh Ci y Attorney 3�yjZv ATTEST: Date: By: Leilani I. Brown City Clerk �� Po'v CITY OF NEWPORT BEACH, a California municipal corporation Date: 2 !f By: G K. Leung y Manager CONTRACTOR: LAZ PARKING CALIFORNIA, LLC, a Connecticut limited liability company Date: Signed in Counterpart By: Michael Kuziak Chief Operating Officer P [END OF SIGNATURES] cgc�Foa�'� Attachments: Exhibi -1 - Program Fee Schedule LAZ Parking California, LLC Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date:.S / 13/Lq Date: r A By: Ik A U`V � �t� By: a on C. Harp 's Grace K. Leung y Attorney 3� yjzy City Manager ATTEST: CONTRACTOR: LAZ PARKING Date: CALIFORNIA, LLC, a Connecticut limited liability company I�� Date: f By: By: Leilani I. Brown Michael Kuzia City Clerk Chief Operating Officer [END OF SIGNATURES] Attachments: Exhibit D-1 - Program Fee Schedule LAZ Parking California, LLC Page 3 Exhibit D-1 Billing Rates 2024 Laz Parking Hourly Rate: $157.19 Capital: $ 53.44 Operating: $103.74 N a c� DO V AMENDMENT NO. THREE TO SERVICE AGREEMENT WITH PROFESSIONAL PARKING FOR BALBOA PENINSULA TRANSIT SERVICES THIS AMENDMENT NO. THREE TO SERVICE AGREEMENT ("Amendment No. Three") is made and entered into as of this 10th day of April, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROFESSIONAL PARKING, a California corporation ("Contractor"), whose address is 2799 E 21st Street, Signal Hill, California, 90755, and is made with reference to the following: RECITALS A. On April 11, 2017, City and Contractor entered into a Service Agreement ("Agreement") to provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program ("Project," "Services," or "Work"). B. On July 24, 2017, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to add Labor Day to the Project schedule for every year of the Agreement, and to increase and update the total compensation. C. On October 20, 2017, City and Contractor entered into Amendment No. Two to the Agreement ("Amendment No. Two") to increase the compensation for the Original Term (i.e. first year of the Agreement) for additional Services not contemplated at the time of Amendment No. One. D. The parties desire to enter into this Amendment No. Three to revise the term of the Agreement, to reflect amended Services and additional Services not included in the Agreement, as amended, to increase the compensation for additional Services not contemplated at the time of Amendment No. One or Amendment No. Two through an updated Program Fee Schedule, and to update the Project's Route Map, Stops, and Draft Schedules. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on April 11, 2017 ("Effective Date"), and shall terminate on December 31, 2023, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Sections 2.1 and 2.2 of the Agreement are amended in their entirety and replaced with the following: Professional Parking Page 1 "2.1 Services. Contractor shall diligently perform all the Services described in the Scope of Services attached hereto as Exhibit B and incorporated herein by reference. City may elect to delete certain Services within the Scope of Services at its sole discretion. Upon annual written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal confirming the annual schedule of Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A confirmation of the number of weeks that Contractor shall provide the Services for the current year; and 2.1.2 A Program Fee Schedule for Services for the current year, inclusive of any use of contingency funds for special events, etc., based upon one of the three projected operating scenarios as set forth in Exhibit D. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. Any changes to the schedule for the current year will require a separate Letter Proposal accepted by City." Exhibit B to the Agreement, "Scope of Services," shall be amended as detailed in Exhibit B-1 attached hereto and incorporated herein. Exhibit B to the Agreement and Exhibit B-1 to this Amendment No. Three shall collectively be known as "Exhibit B." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONTRACTOR Exhibit D to the Agreement is amended in its entirety and replaced with Exhibit D- 1 attached hereto and incorporated herein by reference. Any reference to Exhibit D or Exhibit D-1 to the Agreement or to any Amendment shall be deemed a reference to this Exhibit D-1 attached hereto. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Program Fee Schedule attached hereto as Exhibit D and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million One Hundred Twenty Four Thousand Nine Hundred Twenty One Dollars and 40/100 ($1,124,921.40), without prior written amendment to the Agreement. This amount is inclusive of a City -allocated contingency in the amount of One Hundred Thousand Dollars and 00/100 ($100,000.00) to allow for unforeseen costs or special events in order to meet the needs and demands of the public as approved by City's Project Administrator. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." Professional Parking Page 2 The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, and contingency in an amount not to exceed One Hundred Ninety Three Thousand Six Hundred Forty Six Dollars and 00/100 ($193,646.00). 4. BALBOA PENINSULA TROLLEY ROUTE WITH STOPS Exhibit E to the Agreement is amended in its entirety and replaced with Exhibit E- 1 attached hereto and incorporated herein by reference. Any reference to Exhibit E or Exhibit E-1 to the Agreement or to any Amendment shall be deemed a reference to this Exhibit E-1 attached hereto. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. To the extent there are any inconsistencies between this Amendment No. Three and the Agreement as previously amended, the terms of this Amendment No. Three shall govern. [SIGNATURES ON NEXT PAGE] Professional Parking Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NEY'S.OFFICE Date: By: Aaron C. Harp wMslwua City Attorney ATTEST: Date: ly CITY OF NEWPORT BEACH, a California municipal corporation Date CONTRACTOR: Professional Parking, a California corporation Date: Signed in Counterpart By: n By: Leil ni I. rown Ralph Caldin City Cle President/Secretary �E SRT O� c4ciroaN`� . [END OF SIGNATURES] Attachments: Exhibit B-1 — Scope of Services Exhibit D-1 — Program Fee Schedule Exhibit E-1 — Balboa Peninsula Trolley Route with Stops Professional Parking Page 4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 41dM By: �W— Aaron C. Harp ,&Iwft City Attorney CITY OF NEWPORT BEACH, a California municipal corporation By: �. �L arshall "Du�' Du ell d Mayor ATTEST: CONTRACTOR: Date: California c p Date: f//n //i f By: By: Leilani 1. Brown City Clerk [END OF SIGNATURES] Professional Parking, a Attachments: Exhibit B-1 — Scope of Services Exhibit D-1 — Program Fee Schedule Exhibit E-1 — Balboa Peninsula Trolley Route with Stops Professional Parking Page 4 EXHIBIT B-1 SCOPE OF SERVICES Contractor shall provide the following revised transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program, in accordance with this Amendment No. Three. 1. Section 10 "Scheduling," of Exhibit B to the Agreement is amended in its entirety and replaced with the following: "City shall determine all scheduling. During the Term, Contractor shall avoid publishing scheduled times. However, City may change this schedule depending upon public feedback, usage, and costs." 2. Section 63, "On -Site Manager" is added to Exhibit B to the Agreement to read: "63. On -Site Manager. A manager will be on site from 1:00 p.m. to 9:30 p.m. each day the Service is in operation. The manager will ensure shuttles are all running at the same pace, are spaced out evenly and drivers get breaks without slowing down the trolley service." Professional Parking Page B-1 EXHIBIT D-1 PROGRAM FEE SCHEDULE City shall pay Contractor on an annual fixed lump sum capital cost plus an operating Vehicle Revenue Hour ("VRH") basis for all service. The calculation of these rates is made using the rate(s) listed below. City may vary the VRH to be provided under this Agreement within 25% of the annual estimates. If the amount varies by more than 25%, City and Contractor will renegotiate the hourly rate for that Agreement year. The City shall deduct from the invoice and other observation any penalties based upon City's determination of performance in relation to the penalties section of the Agreement. The Agreement proposal for services is as follows per schedule below: Year 1 (2017) Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) Years 2-7 (2018 - 2023): Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) See below. Should the City request that the shuttles be replaced by Trollies during a future year, City and Contractor shall negotiate costs and equipment via written Amendment to this Agreement. Initial Year of Service (2017): Year 1 Actual Costs 2017 Capital Actuals Vehicle $ 10,000.00 GPS $ 2,080.00 Wrap $ 28,382.85 Subtotal $ 40,462.85 Hourly Rate $108.00 Operating $ 85,983.55 Grand Total $ 126,446.40 Professional Parking Page D-1 Operating Scenarios: Projected Shuttle Capital and Operating Costs 120perating Weeks (with Memorial Day, 4th of July and Labor Day) Capital 2018 Projected Shuttle Capital and Operating Costs 2020 2021 15 Operating Weeks (with Memorial Day, 4th of July and Labor Day) Vehicle Capital 15,000.00 2018 15,000.00 2019 2020 2021 2022 2023 Total Vehicle $ 15,000.00 $ 15,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 94,000.00 GPS $ 2,400.00 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 15,200.00 Wrap $ 25,000.00 $ 25,500.00 $ 26,000.00 $ 26,500.00 $ 27,000.00 $ 28,000.00 $158,000.00 Subtotal $ 42,400.00 $ 43,000.00 $ 44,500.00 $ 45,100.00 $ 45,600.00 $ 46,600.00 $267,200.00 Hourly Rate $ 100.00 $ 103.00 $ 106.25 $ 109.50 $ 113.00 $ 116.50 $ Operating $ 96,200.00 $ 99,758.00 $102,763.00 $106,667.00 $111,018.00 $114,869.00 $631,275.00 Operating $ 78,812.00 $ 82,034.00 $ 79,400.00 $ Contingency $100,000.00 Grand Total $138,600.00 $142,758.00 $147,263.00 $151,767.00 $156,618.00 $161,469.00 $998,475.00 Projected Shuttle Capital and Operating Costs 120perating Weeks (with Memorial Day, 4th of July and Labor Day) Capital 2018 2019 2020 2021 2022 2023 Total Vehicle $ 15,000.00 $ 15,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 94,000.00 GPS $ 2,400.00 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 15,200.00 Wrap $ 25,000.00 $ 25,500.00 $ 26,000.00 $ 26,500.00 $ 27,000.00 $ 28,000.00 $158,000.00 Subtotal $ 42,400.00 $ 43,000.00 $ 44,500.00 $ 45,100.00 $ 45,600.00 $ 46,600.00 $267,200.00 Hourly Rate $ 111.00 $ 114.50 $ 118.00 $ 121.50 $ 125.25 $ 129.00 Operating $ 78,812.00 $ 82,034.00 $ 79,400.00 $ 82,475.00 $ 91,173.00 $ 94,268.00 $508,162.00 Contingency $100,000.00 Grand Total $121,212.00 $125,034.00 $123,900.00 $127,575.00 $136,773.00 $140,868.00 $875,362.00 Projected Shuttle Capital and Operating Costs 10 Operating Weeks (with Memorial Day, 4th of July and Labor Day) Capital 2018 2019 2020 2021 2022 2023 Total Vehicle $ 15,000.00 $ 15,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 94,000.00 GPS $ 2,400.00 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 15,200.00 Wrap $ 25,000.00 $ 25,500.00 $ 26,000.00 $ 26,500.00 $ 27,000.00 $ 28,000.00 $158,000.00 Subtotal $ 42,400.00 $ 43,000.00 $ 44,500.00 $ 45,100.00 $ 45,600.00 $ 46,600.00 $267,200.00 Hourly Rate $ 125.00 $ 129.00 $ 133.00 $ 137.00 $ 141.00 $ 145.25 Operating $ 73,100.00 $ 76,196.00 $ 72,806.00 $ 75,734.00 $ 84,684.00 $ 87,611.00 $470,131.00 Contingency $100000.00 Grand Total $115,500.00 $119,196.00 $117,306.00 $120,834.00 $130,284.00 $134,211.00 $837,331.00 Shuttle operations are subject to change, in order to meet the needs / demands of the public. Additional hours of operations will be charged on an hourly basis at the hourly rate for the applicable year at a total not to exceed amount of $100,000 for all years, consistent with Sections 2.1 and 2.2 of the Agreement, as amended. Professional Parking Page D-2 EXHIBIT E-1 Balboa Peninsula Trolley Route with Stops Professional Parking Page E-1 H.nl�l Rd Subset Hb, Me ...... ll z` Ridge Parkrd l or;04al Pre,deryl.e. I —POO IS '11-o", 11l,11ACA High SC, I sill I -Stop Trolisn'Start n A/Tu ron sdn Parlil bill Lot 4 mar"r 141FOA Bayside Village Marina 1r, Westbound route o through Lido Village I 128Rto Via Lido) hlewixrrt Island Linda Island West Lido Channel Linda Isle 'o"b"Lower P,c Lido Pennsua Newport Ba, Lido Isle bb pronnont r Ay Harbor Island ss.6 NLne III Newport Beach pre, 0B4 t B A Lido Isle "S-A S I /W Reach Neal) Balboa I Bay Island LEGEND Routs 0 Stops t. Balboa Pier 13�1 Trolley Start -Stop Google a Pemnro,la Park Professional Parking Page E-1 LQ AMENDMENT NO. TWO TO SERVICE AGREEMENT WITH PROFESSIONAL PARKING FOR BALBOA PENINSULA TRANSIT SERVICES THIS AMENDMENT NO. TWO TO SERVICE AGREEMENT ("Amendment No. Two") is made and entered into as of this 20th day of October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROFESSIONAL PARKING, a California corporation ("Contractor"), whose address is 2799 E 21st Street, Signal Hill, CA, 90755, and is made with reference to the following: RECITALS A. On April 11, 2017, City and Contractor entered into a Service Agreement ("Agreement') to provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program ('Project', "Services", or "Work"). B. On July 24, 2017, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One') to add Labor Day to the schedule for the Original Term and each of the Renewal Terms, to increase the total compensation, and to correct a mathematical rounding error of one dollar ($1). C. The parties desire to enter into this Amendment No. Two to increase the compensation for the Original Term for additional Services not contemplated at the time of Amendment No. One, specifically a variation of the VRH within twenty five percent (25%) of the annual estimate for the Original Term. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONTRACTOR Exhibit D to the Agreement is amended in its entirety and replaced with Exhibit D- 1 attached hereto and incorporated herein by reference. Any reference to Exhibit D to the Agreement shall be deemed a reference to Exhibit D-1. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Program Fee Schedule attached hereto as Exhibit D and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Six Thousand Four Hundred Forty Six Dollars and 40/100 ($126,446.40) for the Original Term, without prior written amendment to the Agreement. At City's discretion and in accordance with Section 1 of this Agreement, following the Original Term, this Agreement may be extended for the second (2"d), third (3'd), fourth (4th), fifth (5th), sixth (6th) and seventh (7th) years according to Exhibit D. Contractor's compensation for all Work performed in accordance with this Agreement, including any term extensions and all reimbursable items, shall not exceed Nine Hundred Thirty One Thousand Two Hundred Seventy Five Dollars and 40/100 ($931,275.40)." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Thousand Two Hundred Sixteen Dollars and 40/100 ($5,216.40) for the Original Term. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Professional Parking Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ]%Z ( 7 W. Aaron C. City Attorney ATTEST: Date: jo --b -I 7 By: Leil ni I. rov Cit' Cler Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: t01 -)1 )a By: ])� G`\ Dave iff City Manager CONTRACTOR: Professional Parking, a California corporatioqq Date: 1011911,17 By: R Ad6,K Pre ident/Secre ary A ` [END OF SIGNATURES] <lRORWr Exhibit D-1 - Program Fee Schedule Professional Parking Page 3 EXHIBIT D-1 PROGRAM FEE SCHEDULE City shall pay Contractor on an annual fixed lump sum capital cost plus Vehicle Revenue Hour ("VRH") basis for all service. The calculation of these rates is made using the rate(s) listed below. City may vary the VRH to be provided under this Agreement within 25% of the annual estimates. If the amount varies by more than 25%, City and Contractor will renegotiate the hourly rate for that Agreement year. The City shall deduct from the invoice and other observation any penalties based upon City's determination of performance in relation to the penalties section of the Agreement. The Contract proposal for services is as follows per schedule below: Year 1 (Original Term) Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) Years 2-7 (each, a Renewal Term): Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) See below Should the City request that the shuttles be replaced by Trollies during a future year, City and Contractor shall negotiate costs and equipment via written Amendment to this Agreement. Initial Year of Service (Original Term) Capital 2017 2018 2019 2020 2021 2022 2023 Total Vehicle GPS Wrap $15,000 $2,400 $20,000 $15,000 $2,400 $20,500 $15,000 $2,400 $21,000 $16,000 $2,500 $21,500 $16,000 $2,500 $22,000 $16,000 $2,500 $22,500 $16,000 $2,500 $22,300 $109,000 $17,200 $149,800 $37,400 $37,900 $38,400 $40,000 $40,500 $41,000 $40,800 $276,000 Operating $86,837 $89,950 $92,071 $95,403 $98,851 $103,117 $650,059 Total ($89,046.40 15126,446.40 $124,737 $128,350 $132,071 $135,903 $139,851 $143,917 $931,275.40 Hourly Rate $73.44 $76.23 $79.11 $81.06 $84.14 $87.33 $91.27 (Operating) Schedule is based on 2 days a week (86.6 hours a week), twelve (12) operating weeks, the 4th of July, and Labor Day Professional Parking Page D-1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/30/17 Dept./Contact Received From: Raymund Date Completed: 7/29/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: Professional Parking, Inc. Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18 A. INSURANCE COMPANY: AIX Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? IM/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No Il. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18 A. INSURANCE COMPANY: NOVA Casualty Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? IM+ 5M Umbrella E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18 A. INSURANCE COMPANY: NOVA Casualty Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/29/17 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes [-]No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed due to GL carrier being non -admitted. Sheri Approved 4/17/17. Approved: Risk Management Date " Subject to the terms of the contract. AMENDMENT NO. ONE TO SERVICE AGREEMENT WITH PROFESSIONAL PARKING FOR BALBOA PENINSULA TRANSIT SERVICES THIS AMENDMENT NO. ONE TO SERVICE AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of July, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROFESSIONAL PARKING, a California corporation ("Contractor"), whose address is 2799 E 21st Street, Signal Hill, CA 90755, and is made with reference to the following: RECITALS A. On April 11, 2017, City and Contractor entered into a Service Agreement ("Agreement") to provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program ("Project", "Services", or "Work"). B. The parties desire to enter into this Amendment No. One to add Labor Day to the schedule for the Original Term and each of the Renewal Terms, to increase the total compensation, and to correct a mathematical rounding error of one dollar ($1). NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONTRACTOR Exhibit D to the Agreement is amended in its entirety and replaced with Exhibit D- 1 attached hereto and incorporated herein by reference. Any reference to Exhibit D to the Agreement shall be deemed a reference to Exhibit D-1. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Program Fee Schedule attached hereto as Exhibit D and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty One Thousand Two Hundred Thirty Dollars and 00/100 ($121,230.00) for the Original Term, without prior written amendment to the Agreement. At City's discretion and in accordance with Section 1 of this Agreement, following the Original Term, this Agreement may be extended for the second (2"d), third (3'd), fourth (4th), fifth (5'h), sixth (6th) and seventh (7'h) years according to Exhibit D. Contractor's compensation for all Work performed in accordance with this Agreement, including any term extensions and all reimbursable items, shall not exceed Nine Hundred Twenty Six Thousand Fifty Nine Dollars and 00/100 ($926,059.00)." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Four Thousand Three Hundred Twenty Dollars and 0/100 ($4,320.00) for the Original Term and for each of the Renewal Terms, plus one dollar ($1.00) to account for a mathematical error in the Operating Costs sub -total reflected in Exhibit D-1, which results in a maximum not to exceed increase of Thirty Thousand Two Hundred Forty One Dollars and 00/100 ($30,241.00) for this Amendment No. One, inclusive of the Original Term and all the potential Renewal Terms of the Agreement. 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Professional Parking Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNE 'S OFFICE Date: By: To(_ Aaron C. Harp �rklko City Attorney ATTEST: Date: /01 hill 0 CITY OF NEWPORT BEACH, a California municipal corporation Date: q),7 A\ By: Davi iff City Manager CONTRACTOR: Professional Parking, a California co -or on Date: By: L. ealdK esident / Secretary SIGNATURES] Attachments: Exhibit D-1 — Program Fee Schedule Professional Parking Page 3 EXHIBIT D-1 PROGRAM FEE SCHEDULE City shall pay Contractor on an annual fixed lump sum capital cost plus Vehicle Revenue Hour ("VRH") basis for all service. The calculation of these rates is made using the rate(s) listed below. City may vary the VRH to be provided under this Agreement within 25% of the annual estimates. If the amount varies by more than 25%, City and Contractor will renegotiate the hourly rate for that Agreement year. The City shall deduct from the invoice and other observation any penalties based upon City's determination of performance in relation to the penalties section of the Agreement. The Contract proposal for services is as follows per schedule below: Year 1 (Original Term) Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) Years 2-7 (each, a Renewal Term): Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) See below Should the City request that the shuttles be replaced by Trollies during a future year, City and Contractor shall negotiate costs and equipment via written Amendment to this Agreement. Initial Year of Service (Original Term) Capital 2017 2018 2019 2020 2021 2022 2023 Total Vehicle $15,000 $15,000 $15,000 $16,000 $16,000 $16,000 $16,000 $109,000 GPS $2,400 $2,400 $2,400 $2,500 $2,500 $2,500 $2,500 $17,200 Wrap $20,000 $20,500 $21,000 $21,500 $22,000 $22,500 $22,300 $149,800 $37,400 $37,900 $38,400 $40,000 $40,500 $41,000 $40,800 $276,000 Operating $83,830 $86,837 $89,950 $92,071 $95,403 $98,851 $103,117 $650,059 Total $121,230 I $124,737 I $128,350 I $132,071 $135,903 I $139,851 I $143,917 I $926,059 Hourly Rate $73.44 $76.23 $79.11 $81.06 $84.14 $87.33 $91.27 (Operating) Schedule is based on 2 days a week (86.6 hours a week), twelve (12) operating weeks, the 4th of July, and Labor Day Professional Parking Page D-1 CITY CLERK SERVICE AGREEMENT WITH PROFESSIONAL PARKING FOR BALBOA PENINSULA TRANSIT SERVICES THIS SERVICE AGREEMENT ("Agreement') is made and entered into as of this 11th day of April, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROFESSIONAL PARKING, a California corporation ("Contractor"), whose address is 2301 Stanley Avenue, Signal Hill, CA 90755, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program ("Project', "Services", or "Work"). C. On January 25, 2017 City entered into a Cooperative Agreement with the Orange County Transportation Authority to define their respective roles and responsibilities for the Balboa Peninsula Trolley Service attached hereto and incorporated herein as Exhibit "A". D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the Services described in this Agreement. E. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render the Services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on April 11, 2017 ("Effective Date"), and shall terminate on April 11, 2018 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the City's option to renew the Agreement for six (6) additional one (1) year terms ("Renewal Term") unless terminated earlier as set forth herein. In any event, the term of this Agreement, including the Original Term and any Renewal Term(s) shall not extend beyond December 31, 2023 without a written amendment to this Agreement. 2. SERVICES TO BE PERFORMED 2.1 Services. Contractor shall diligently perform all the Services described in the Scope of Services attached hereto as Exhibit B and incorporated herein by reference. City may elect to delete certain Services within the Scope of Services at its sole discretion. 2.2 Special Provisions. Contractor shall strictly adhere to the supplemental provisions described in the Special Provisions attached hereto as Exhibit C and incorporated herein by reference. City may elect to modify certain provisions within the Special Provisions at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit B. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit B, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Program Fee Schedule attached hereto as Exhibit D and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Sixteen Thousand Nine Hundred Ten Dollars and 00/100 ($116,910.00) for the Original Term, without prior written amendment to the Agreement. At City's discretion and in accordance with Section 1 of this Agreement, following the Original Term, this Agreement may be extended for the second (2"d), third (3rd), fourth (4th), fifth (5th), sixth (6th) and seventh (7th) years according to Exhibit D. Contractor's compensation for all Professional Parking Page 2 Work performed in accordance with this Agreement, including any term extensions and all reimbursable items, shall not exceed Eight Hundred Ninety Five Thousand Eight Hundred Eighteen Dollars and 00/100 ($895,818.00). 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in the exhibits to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Program Fee Schedule as set forth in Exhibit D. 5. PROJECT MANAGER 5.1 Contractor shall designate and provide a full-time Project Manager, who shall provide overall management and supervision of operations and shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor's Project Manager shall have a minimum of five (5) years of experience in public transportation operations including at least three (3) years' supervisory experience. A bachelor's degree in a related field from a four (4) year college may substitute for two (2) years of transportation experience and one (1) year of supervisory experience. 5.2 The Project Manager must have completed the Transit and Paratransit Management Certificate Program sponsored by the California Association for Coordinated Transportation (CalACT), Caltrans, Access Services, and which is currently offered through Pepperdine University, or a similar certification or degree program. Alternatively, the General Manager may enroll in such program and complete the certificate requirements within 18 months following approval by the City of the General Manager candidate. Contractor shall pay the cost of participation in the certificate program, or approved alternative. 5.3 Contractor has designated Ralph L. Caldin to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit B or assign any new or replacement personnel to the Project without the prior Professional Parking Page 3 written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.4 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.5 Contractor shall schedule the hours for management so that at least one key personnel or designated lead supervisor is on-site during all hours of revenue operation. The Project Manager's cellular phone number shall be provided to City. 5.6 Contractor shall respond to comments from City, its passengers and the general public, and respond to specific requests for other assistance as the needed arises. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. Professional Parking Page 4 8.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to. Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall Professional Parking Page 5 mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit I, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor Professional Parking Page 6 other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Additionally, all material posted in cyberspace by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor, and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Contractor shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Contractor's Documents provided under this Agreement. Professional Parking Page 7 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Contractor, the additional design, construction and/or restoration expense shall be borne by Contractor. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination Professional Parking Page 8 of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Ralph L. Caldin Professional Parking 2301 Stanley Avenue Signal Hill, CA 90755 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required Professional Parking Page 9 to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. Professional Parking Page 10 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Professional Parking Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT OR EY' OFFICE Date: S By: '& �— Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, aCaliforni um al corpora Date: Z („ By l aI�evin u doo Mayor By: �r Legh I.E51own City Cler 71 Attachments: CONTRACTOR: Professional Parking, California corpor�io Date: x-11 y /.7 By: ROP/1- ald zl5rp6ident/Secretary [END OF SIGNATURES] Exhibit A — Orange County Transportation Authority Cooperative Agreement Exhibit B — Scope of Services Exhibit C — Special Provisions Exhibit D — Program Fee Schedule Exhibit E — Route Map, Stops, and Draft Schedules Exhibit F — Insurance Requirements Professional Parking Page 12 EXHIBIT A ORANGE COUNTY TRANSPORTATION AUTHORITY COOPERATIVE AGREEMENT Professional Parking Page A-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR PROJECT V COMMUNITY- BASED TRANSIT/CIRCULATORS THIS AGREEMENT, is effective this Z 5 day of t ✓ 2017, by and between 67 the Orange County Transportation Authority, 600 South Main Street, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY" or "OCTA"), and the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California 92660, a municipal corporation and charter city (hereinafter referred to as "CITY") (mutually referred to hereinafter as "PARTIES" or each individually known as "PARTY"). RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for the operating subsidy funds for the Balboa Peninsula Trolley service (hereinafter referred to as "PROJECT") as further defined by in the project description section of the application for Measure M2, Project V Call for Projects, received by OCTA on February 29, 2016; and WHEREAS, AUTHORITY's Board of Directors (hereinafter referred to as "BOARD") approved the Renewed Measure M2 Eligibility Guidelines Local Agency Preparation Manual on January 25, 2010 and subsequent amendments, most recently on April 11, 2016; and WHEREAS, the AUTHORITIE'S BOARD approved the Comprehensive Transportation Funding Programs (CTFP) Guidelines on March 22, 2010; and WHEREAS, the BOARD approved the revised Project V - Community based Transit Circulator Program Guidelines on November 23, 2015; and Page i of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6.1480 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility Guidelines Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent update is incorporated herein by reference; and WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY fulfilling M2 eligibility requirements; and WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the CTFP Guidelines precepts except where specific more detailed instruction is provided through Project V Guidelines or within this Cooperative Agreement; and WHEREAS, CITY intends to execute a grant subrecipient agreement with Newport Beach Trolley whereby Newport Beach Trolley will be the service provider to administer, operate, maintain and manage the PROJECT and the CITY will act as a pass-through agency for administering annual reimbursements and AUTHORITY required data consistent with the program guidelines; and WHEREAS, CITY's fixed -route trolley service is open to the public, and fully accessible for persons with disabilities, in compliance with the Americans with Disabilities Act; and WHEREAS, AUTHORITY's BOARD has agreed to provide Project V funding for PROJECT for up to seven (7) years in the amount not -to -exceed Six Hundred Eighty -Five Thousand Four Hundred Fifty -Four Dollars ($685,454), and AUTHORITY and CITY agree that the capital amount to be provided by AUTHORITY is Five Hundred Seven Thousand Eight Hundred Seventy -One Dollars ($507,871) and the annual operating subsidy shall be provided consistent with operating statistics as defined in the Project V Guidelines in the amount of One Hundred Seventy -Seven Thousand Five Hundred Eighty - Three Dollars ($177,583); and WHEREAS, CITY has agreed to provide twelve percent (12%) local match of Sixty -Nine Thousand Two Hundred Fifty -Five Dollars ($69,255) for capital costs and Twenty -Four Thousand Two Hundred Sixteen Dollars ($24,216) for operating match for up to seven years in accordance with Exhibit B: City of Newport Beach Project V Estimated Funding Schedule subject to performance requirements identified in Project V Guidelines and AUTHORITY funding limitations; and Page 2 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C-6-1480 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and funding responsibilities between AUTHORITY and CITY for PROJECT(s); and WHEREAS, the AUTHORITY's BOARD approved this PROJECT on June 13, 2016; and WHEREAS, CITY's Council approved this Cooperative Agreement on this 13 f day of t 2016; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Cooperative Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Cooperative Agreement between PARTIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) of this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any Page 3 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Cooperative Agreement specifies the roles and responsibilities of both AUTHORITY and CITY as they pertain to the subject and PROJECT addressed herein. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Cooperative Agreement and any other supplemental agreements, including Letter Agreements, which may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for PROJECT: A. Upon invoice, AUTHORITY shall provide CITY operating subsidy in the amount not -to - exceed One Hundred Seventy -Seven Thousand Five Hundred Eighty -Three Dollars ($177,583) for up to seven (7) years consistent with Exhibit B: Newport Beach Project V Estimated Funding Schedule. Operating subsidy will be no more than Nine Dollars ($9.00) per boarding consistent with Exhibit B or eighty-eight percent (88%) of operations and maintenance costs whichever is lower. B. AUTHORITY shall provide PROJECT funding for capital purchases in the amount not -to - exceed Five Hundred Seven Thousand, Eight Hundred Seventy -One Dollars ($507,871) C. AUTHORITY shall provide funding in accordance with the Board approved Revised Project V Guidelines. Funding may be discontinued in the event that the Minimum Performance Standards, as outlined in the Revised Project V Guidelines, are not met. D. AUTHORITY shall provide sixty (60) days' notice to CITY that support for service will be discontinued, in the event that the Minimum Performance Standards are not met afterthe first and second year of service and not maintained every year thereafter. Page 4 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for PROJECT: A. CITY shall provide eligible local match funds in the amount of twelve percent (12%) of required cost in accordance with Exhibit B: Newport Beach Project V Estimated Funding Schedule OR the balance of net operations and maintenance costs after AUTHORITY has paid Nine Dollars ($9.00) per boarding and inflated annually consistent with Exhibit B, whichever is greater. B. If CITY receives operating subsidy for PROJECT use from any other non -AUTHORITY source, CITY will not invoice AUTHORITY for the amount received from the other non -AUTHORITY source(s). C. CITY shall notify AUTHORITY regarding any non -OCTA revenues received for PROJECT, and AUTHORITY funds may not pay for services already supported through these non -OCTA revenues. D. CITY shall provide the AUTHORITY with actual Revenue Vehicle Miles, Boardings, and Operating and Maintenance Cost related to PROJECT service on a quarterly basis and other measures annually as identified in the Revised Project V Guidelines. E. CITY shall act as a pass-through agency for administering annual reimbursements and AUTHORITY required data consistent with the program guidelines whereby Newport Beach Trolley as party to a grant subrecipient agreement with the CITY will be the service provider to administer, operate, maintain and manage PROJECT F. CITY service shall meet minimum standard of six (6) boardings per revenue vehicle hour, which must be achieved within the first twelve (12) months of operation and ten (10) boardings per revenue vehicle hour within twenty-four (24) months of operation and every year thereafter. G. CITY shall provide separate and distinct cost accounting for all fixed route and special event services. H. CITY may request a time extension in accordance with the procedures identified in the CTFP Guidelines to use any operating funds not used and available at the end of the initial seven (7) year Page 5 o/ 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 term. COOPERATIVE AGREEMENT NO. C-6.1480 CITY shall notify AUTHORITY of any non -AUTHORITY revenues received for PROJECT. J. CITY shall include and identify any non -AUTHORITY or grant revenues received along with any requirements associated with external fund sources for PROJECT in payment to AUTHORITY for local match. K. CITY shall invoice AUTHORITY within sixty (60) days to receive annual reimbursement per Exhibit B: City of Newport Beach Project V Estimated Funding Schedule and consistent with Article 5 below. ARTICLE 5. REQUEST FOR REIMBURSEMENT A. CITY shall contribute matching funds, as is specified within this Cooperative Agreement In Article 4, Paragraph A, toward the actual costs of PROJECT. B. CITY shall invoice AUTHORITY within sixty (60) days to receive annual reimbursement per Exhibit B: Newport Beach Project V Estimated Funding Schedule and shall provide supporting documentation according to the payments procedures identified in the CTFP Guidelines and Incorporated into this Cooperative Agreement. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY consistent with PROJECT's Scope of Work as identified in CITY's Community -Based Transit/Circulators Project Application, attached hereto as Exhibit A and incorporated herein by reference. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information. Advance payments by AUTHORITY are not allowed. C. The invoice shall be submitted on CITY's letterhead. D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts Payable Office. Each invoice shall include the following information: a. Agreement Number C-6-1480; b. The total of PROJECT expenditures shall specify the percent and amount to be reimbursed which shall not exceed eighty-eight percent (88%) of the balance of net operations and maintenance costs after AUTHORITY has paid Nine Dollars ($9.00) per boarding, in accordance with Page 6 or 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 Exhibit B: Newport Beach Project V Estimated Funding Schedule. In addition, if CITY receives operating subsidy from any other non -AUTHORITY source for PROJECT use, CITY shall not invoice OCTA for the amount received from the other non -AUTHORITY source(s). Supporting documentation for all expenses must be provided including invoices. CITY. C. Adequate detail describing all work completed. d. Documentation providing evidence that the contractor has been paid by e. Each invoice for operation and maintenance subsidy shall include the following operating statistics for the fiscal year (July 1 through June 30) to date: Revenue Vehicle Hours, Total Boardings, Boardings per Revenue Vehicle Hour, Operating Costs, Net Operating Costs (Costs less fares), Reimbursement per Net Operating Costs, and Reimbursement per Boarding. f. Certification signed by CITY or his/her designated alternate that a) The invoice is a true, complete and correct statement of reimbursable costs and progress; b) The backup information included with the invoice is true, complete and correct in all material respects; c) All payments due and owing to subcontractors and suppliers have been made; d) Timely payments will be made to subcontractors and suppliers from the proceeds of the payments covered by the certification and; e) The invoice does not include any amount which CITY intends to withhold or retain from a subcontractor or supplier unless so identified on the invoice. g. Such other information as requested by AUTHORITY. E. Total payments shall not exceed the Funding Amount specified in Article 3, Paragraph A. F. CITY shall submit final invoice no later than one hundred eighty (180) days after completion of PROJECT. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Cooperative Agreement are delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's Chief Page 7 o/ 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 Executive Officer or his designee. ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of five (5) years after final payment, or completion of audit by the AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of audit, the date of completion of this Cooperative Agreement shall be the date of AUTHORITY's payment of CITY's final billing under this Cooperative Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor(s). ARTICLE 8. INDEMNIFICATION A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (CITY's employees included), fordamage to property, including property owned by AUTHORITY, orfrom any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration Page 6 o/ 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. C. The indemnification and defense obligations of this Cooperative Agreement shall survive its expiration or termination. ARTICLE 9. ADDITIONAL PROVISIONS: PARTIES agree to the following mutual responsibilities: A. Term of Aoreement: This Cooperative Agreement shall continue in full force and effect on an annual basis, subject to meeting minimum performance standards of ridership or December 31, 2023, whichever is earlier. This Cooperative Agreement may only be extended upon mutual written agreement by both PARTIES. B. Termination: AUTHORITY may terminate this Cooperative Agreement at any time for any reason following sixty (60) days' written notice to CITY. C. Termination for Convenience: Either PARTY may terminate this Cooperative Agreement for its convenience by providing sixty (60) days' prior written notice of its intent to terminate for convenience to the other PARTY. D. Amendments: This Cooperative Agreement may be amended in writing at any time by the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES. E. PARTIES shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over PROJECT. F. Legal Authority: PARTIES hereto consent that they are authorized to execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative Page 9 of 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 Agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Cooperative Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. I. Force Majeure: Each of the PARTIES shall be excused from performing its obligations under this Cooperative Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. J. Assignment: Neither this Cooperative Agreement, nor any of the PARTIES' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Cooperative Agreement. L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the Page 10 o/ 12 1 2 3', 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO, C-6-1480 performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY. M. Notices: Any notices, requests, or demands made between the PARTI ES pursuant to this Cooperative Agreement are to be directed as follows: To CITY: To AUTHORITY: City of Newport Beach Orange County Transportation Authority 100 Civic Center Drive 600 South Main Street Newport Beach, California 92660 Orange, CA 92863-1584 Attention: Mark Vukojevic Attention: Donald Herrera Deputy Public Works Director Contracts Administrator 949-644-3319 Tel: 714-560-5644 mvukojevic@newportbeachca.gov E-mail: dherrera@octa.net With a copy that shall not constitute Notice to: Cc: Sam Kaur Section Manager, Measure M Local Programs skaur@octa.net N. Successors and Assigns: The provisions of this Cooperative Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto. Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 This Agreement shall be made effective upon execution by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-6-1480 to be executed on the date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION Diane B. Dixon I Mayor O� SEW PORT@ ATTEST: ?` i � P c9QFOa�� By: Leilani I. Brown City Clerk APPROVED AS TO FORM: By: :;�A , �-- Aaron C. Harp Kt.- City Attorney Dated: � t I 1 ct hu In Darrell Dghnson Chief Executive Officer APPROVED AS TO FORM By: James Donich General Counsel APPROVAL RECOMM Kia Mortazavi �-/ Executive Director, Planning Page 12 of 12 Exhibit A Community -Based Transit/Circulators Project Application Project V - Community -Based Transit/Circulators CITY OF NEWPORT BEACH Balboa Village Shuttle Program Submitted to: Sam Kaur, Section Manager, Local Programs Orange County Transportation Authority 600 S. Main Street, 2nd Floor Planning Orange, CA 92863 Submitted by: Brenda Wisneski, AICP, Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 February 29, 2016 TABLE OF CONTENTS Community -Based Transit/Circulators Project Application Application Narrative Attachments: 1. Balboa Peninsula Shuttle/Trolley Feasibility Study 2. City Council Resolution 3. Hoag Hospital Lease Agreement 4. Operations Plan 5. Analysis of Project V Scoring Orange County PROJECT rV' Transportation Authority Community -Based Transit/Circulators Project Application OCTA Form I. APPLICANT INFORMATION Agency: City of Newport Beach Primary Contact Name: Brenda Wisneski Title / Department: Deputy Community Development Director Phone: (949) 644-3297 Email: BWisneskina.newaortbeachca.00v III. PROJECT DESCRIPTION The proposed service will operate between the Hoag Hospital Lower Parking Lot and Balboa Pier on the Balboa Peninsula via Pacific Coast Highway, Newport Boulevard, and Balboa Boulevard. Four vehicles are required. Total daily revenue hours are 43.3. IV. MINIMUM ELIGIBILITY YES/NO A. Applicant eligible to receive M2 funding? [ Y ❑ N B. Meet any one of the following: Proposed project in Go Local Planning and/or 2011 Transit Study, or Supports Goals of Sustainable Communities Strategy? O Y ❑ N C. Supplement rather than supplant existing transit services? O Y ❑ N D. Projects meet ADA requirements? p Y ❑ N E. Financial plan for ongoing operations & maintenance? p Y ❑ N F. Project approved by City Council and partner jurisdictions? (a Y ❑ N G. Local funding meets minimum 10% match requirement? O Y ❑ N I. Applicant agrees to adhere to applicable FTA requirements? O Y ❑ N V. COST EFFECTIVENESS Operating Cost per Boarding Opening Year: $ 5.80 Annualized Operating & Capital Cost per Passenger: $ 12.03 VI. PROJECT READINESS Opening Year: I By 2017 Phase Ready: Planning and Environmental Complete VII. COMMUNITY CONNECTIONS Activity Centers Served: Retail Center(s) Major Employmnet Center(s) Connections to Existing Service II. FUNDING SUMMARY Total Project Cost: $ 772,510.00 Capital Funding: $ 490,192.00 Operating Reserve: $ 282,318.00 Applicant Match Rate: capital 12% Describe Source of Agency Funds: Balboa Village Area Benefit Fund (created to collect parking fee revenues) Level of Commitment: ommitment Lette Name of non applicants: IHoag Hospital CHECKLIST (guidelines) p Complete Application O Operating Incentive (4.0) O Commitment to 10 b/rvh G) Agree to collect O & M data qui p Meets Minimum Eligibility (6.0) El Funding Plan (8.0) 17 O&M/Capital Financials O Funding Needs p Match Funding Availability O Funding Assurances O Partnership Arrangements p Project Development Schedule p 0&M Facility Management p Service Coordination Plan p Financials (9.1) O Council Resolution (9.3.1) O Lease/Cost Agreements (9.3.2) O Project Documentation (9.3.3) I] Operations Plan (9.3.4) I] Route Map w/ existing transit si O Draft Time Table O Headways O Stop Location Listing O Summary of Vehicle Types O Speed Profile O Fleet Size Updated 1 111 9/2 015 Application Page 2 OCTA PROJECT 'Vr Community -Based Transit/Circulators Project Application Form VIII. FIXED -ROUTE BUS/RAIL CONNECTIONS (Number of fixed -route connections (w/in 1/4 mile): 3 VIV. TRANSIT USAGE Projected Average Daily Boardings 1st Year: .(total annual boardings/annual operating days) 437 X. LOCAL REGIONAL BENEFITS (OPENING YEAR) Planned Employment Densities per Sq. Mile: 12,170 Planned Population Densities per Sq. Mile: 10,645 Projected Annual Visitors Served by Seasonal Route: Well over 500,000 XI. SPECIAL EVENT TRANSIT Descriptlon(s) Shuttles may also be used for Holiday Boat Parade and Newport to Ensenada Yacht Race. Project costs do not reflect special event usage. Date(s) December and April Time(s) Varies Location(s) Peninsula Wide iXII. AGENCY EXPERIENCE i or Community Circulator (list all applicable w/description): The City operates a transportation service for seniors for accessing medical appointments, shopping, essential errands, and the Senior Center. I herby rertlfy that the information provided herein this form is accurate and consistent with accompany/ng documentation. ! further cerhfy that the above abbn has been approv y unci/ resolution and that awarded funds will not used outside of their i tended purpose. AGENCY City of Newport Beach XIII. ADDITIONAL COMMENTS The proposed service will operate on 10 weekends In the summer plus 4th of July for a total of 21 days. Span of service Is 7:30 am to 9:26 pm, with no service between 9 and 10 am. Service headway is 15 minutes Updated 11/19/2015 Project V - Community -Based Transit/Circulators CITY OF NEWPORT BEACH APPLICATION NARRATIVE The Peninsula is a three-mile stretch bordered by Newport Harbor on one side and the Pacific Ocean on the other. It's famous for "the Wedge," arguably one of the best bodysurfing sites in the world and the Ocean Front Walk, one of the region's most popular boardwalks. At the foot of Newport Pier lies the historic McFadden Square, named for the family that helped found the city and the Dory Fishing Fleet, where local fisherman bring in fresh seafood daily. Approximately one mile south of the Newport Pier is the Balboa, another of the city's villages. Balboa includes the Balboa Pier, the Balboa Fun Zone, and the historic Balboa Pavilion. As a popular summertime destinations, Balboa Boulevard becomes congested, especially on busy summer weekends. The benefits of a shuttle system on the Peninsula have often been discussed for several years. Since 2011, focused efforts to revitalize neighborhoods on the Peninsula have increased attention on the need for a shuttle program. In April 2015 the City took initial steps toward creating a program by retaining a consultant to develop the Balboa Peninsula Shuttle/Trolley Feasibility Study, completed October 2015 (Attachment 1). The City, including residents and business owners, are very excited about the program. The Feasibility Study was created with input from local stakeholders and guidance from the Balboa Village Advisory Committee. A funding source for revitalization projects, such as the proposed shuttle program, was established by the City Council in 2014. The City Council's commitment to the project is expressed in the resolution provided as Attachment 2. These achievements allow the City to implement the program by May 2017, just in time for the busy summer months. Goals and Objectives The City envisions a shuttle program that would provide residents and visitors an alternative mode of travel to conveniently connect key destinations along the Balboa Peninsula. A key aspect is establishment of an off-site parking location, eliminating the need to travel onto the peninsula during grid -locked summer weekends. Specific goals of the program include: • Providing an alternative to cruising for a parking space on the peninsula; • Encouraging visitors to Balboa Village and the beaches; and • Designing a service that is simple to understand, easy to use, and fun. Project Implementation Schedule The City completed the Balboa Peninsula Shuttle/Trolley Feasibility Study in October 2015, with oversight of the Balboa Village Advisory Committee (BVAC). The BVAC is appointed by the City Council and includes two Councilmembers (currently Mayor Diane Dixon and Councilmember Tony Petros) and representatives from the residential and business community. 5 Completion of the Feasibility study allows the project to be implemented in May 2017. The following details major milestones to prepare the project for service: June 2016 OCTA Board to Approve Application July 2016 Approve Cooperative Agreement with OCTA August 2016 Finalize agreements with Hoag Hospital for use of lower parking lot and Visit Newport to develop and implement marketing campaign. Draft agreement with Hoag Hospital is provided at Attachment 3. August 2016 Develop marketing campaign (logo, schedules, signage, brochures, social media) with guidance from the Balboa Village Merchants Association. August 2016 Conduct Request for Proposal process for selection of shuttle operator. Shuttles are to be leased from operator. October 2016 Select shuttle operator. October 2016 to May 2017 Select/design shuttle. Finalize route and shuttle stops. Design and install shuttle stop signage/improvements. Install wayfinding signage to off-site parking lot. Memorial Day2017 Service Begins!! Operations Plan The detailed Operations Pian is provided at Attachment 5. The following is a summary of the operation. • The route will use the Hoag Hospital Lower Lot as its endpoint. Hoag Hospital has agreed to make the parking lot available at no cost, other than to ensure the facility is kept clean. There would be no charge to park at the Hoag Parking Lot and no fee for the shuttle. A draft agreement with Hoag Hospital is provided as Attachment 3. • The route, as depicted in Figure 1, would continue onto the Peninsula traveling south and then east accessing key destinations including Lido Marina Village, McFadden Square/Newport Pier, Marina Park Community Center, and Balboa Village/Balboa Pier. • Span of service is 7:30 am to 9:26 pm (with no service between 9 and 10 am) on 10 weekends during the summer plus the Fourth of July (21 days). • Early morning service is needed for visitors utilizing the Catalina Flyer which departs at gam from Balboa Village to Catalina Island and returns at 4pm. The Flyer provides a capacity 500 passengers. Visitors often visit Catalina for the day, but others may stay for several nights. Catalina Flyer passengers are likely to utilize the shuttle and the free off-site parking lot, rather than park in Balboa Village which is $17.50/day. • Frequency of service is every 15 minutes all day. • Additional demand for service would be created by the several events that occur along the Peninsula, Including the Holiday Boat Parade, Newport to Ensenada Yacht Race and Independence Day. 6 • Four vehicles would be required to implement the proposed service, with a fifth vehicle in reserve if needed during for peak periods. Figure 1 Seventeen of the stops are current OCTA stops that would only require a new sign during the summer for the trolley. Three stops would be new; these are italicized in Table 1. OCTA Line 71 operates northbound on Balboa instead of Newport between 23rd and 32nd Streets. If the shuttle followed this route, existing stops could be used at 23' and 28' Streets. Table 1 Proposed Stops Southbound Stops Northbound Stops Hoag Lower Lot Oceanfront — Palm Hospital & Hoag EB Balboa & Coronado Newport & Short Balboa & 8" Newport & 281h Balboa & 12th Newport & 23rd Balboa & 161h Balboa & 19th Balboa & 20" Balboa & 15th Newport & 23" Balboa & 11th Newport & 2e Balboa & 8d' Newport & Finley Balboa & Coronado Hospital & Hoag WB Oceanfront— Palm Hoag Lower Lot • Notes: Stops in italics are new stops. Ridership Estimate Ridership estimates are based upon summer 2015 ridership to date in Dana Point and San Juan Capistrano (excluding special events and the 4m of July weekend) and adjusted ridership in Laguna Beach during its first year of free service in 2002. For the purposes of this estimate, a Balboa Peninsula trolley/shuttle could achieve a productivity (measured as boardings per revenue hour) of approximately 1/5 of the Laguna Beach Summer Festival Trolley on weekends in 2002. The Dana Point and San Juan Capistrano shuttles are in their first year of operation. The Dana Point shuttle operates primarily on Pacific Coast Highway and connects with major hotels. The San Juan Capistrano shuttle operates hourly as a circulator within the City. The average of the Dana Point, San Juan Capistrano, and adjusted 2002 Laguna Beach productivity figures is 12.7 boardings per revenue hour. To be conservative, this analysis uses a lower value of 10 boardings per revenue hour to estimate potential ridership of the Balboa Peninsula shuttle/trolley service. Assuming 43.3 revenue hours, the resulting daily ridership estimate is 437. Funding Plan The relationship between the City and operator will be important to ensure a high quality of service while minimizing costs. Operating Costs Operating costs include the costs incurred by the contractor to operate the shuttles and marketing costs. The total vehicle cost is expected to total $100 per revenue hour. Based on discussions with the Professional Parking, the contractor for the Dana Point Trolley, operation costs for the driver of the trolley equals $31/hour. Therefore, for the purpose of this application, it Is assumed operation costs would be $31/hour and capital costs would be $69/hour. • Estimated daily revenue hours are 43.3, or 909.3 annual revenue hours. • Operating cost is based on a unit cost of $31 per revenue hour. Four vehicles are required to operate the service, and a fifth vehicle would be in reserve. • Marketing is estimated to be $25,000 in the first year and $10,000 in later years, consistent with the Project V Guidelines. • Operating costs per boarding in the first year would be $5.79. Table 2 Oneratina Costs Days ofgratin O eration p Daily Annual Revenue Riders Revenue Riders O p g Cost Hours Hours $31/hour 10 Saturdays 10 Sundays 43.3 437 909.3 9,177 $28,188 4'" of Jul 8 Capital Costs Capital costs include the contracted shuttle service (includes vehicle and maintenance), signage and marketing. Capital costs annualized over a seven year period would be $12.16 per boarding. Shuttle — As stated above, based on discussions with the operator of the Dana Point Trolley, capital costs may be assumed to be $69/revenue hour. Signage — A total of 20 stops are estimated, 17 of the stops are current OCTA stops that would only require a new sign during the summer for the trolley and three stops would be new. Estimated cost for a new bus stop was listed as $8,000 in the original Project V cost estimates, and new signs at existing stops are estimated at $1,000. The one-time capital cost would be: 3 * $8,000 + 17* $1,000 = $41,000 for bus stops. In addition, effective directional signage to the parking lot (Hoag Lower Lot) would be essential. The cost of directional signage is estimated at $10,000, bringing the signage costs to $51,000. Table 3 Capital Costs Capital Expense Year One Annual Cost Year Two+ Vehicles 909.3 Revenue Hours * $69 $62,742 $62,742 Signage $51,000 $0 Total Capital Costs $113,742 $62,742 Program Cost Share Table 4 summarizes costs and expected contributions from OCTA and the City of Newport Beach. The Balboa Village Area Benefit Fund will provide revenue for the City's contribution. The Area Benefit Fund was created to collect parking fee revenues from the area for enhancing or supplementing services in the area. Approximately $350,000 is collected annually for the Area Benefit Fund, which is more than adequate for the City's contribution, as well as unanticipated project costs. While not part of the project costs and match, the City has secured off-site parking at no cost. Hoag Hospital has agreed, pending approval of an agreement, to allow the City to utilize a parking lot on their campus which offers 225 parking spaces. This public-private partnership is a tremendous benefit to the project. Table 4 Costs and Cnaf Snlif Cost Element Total OCTA Share Match Funding Capital City Share Notes Level of Commitments from Non -applicant FIRST YEAR COSTS 5 Operating Costs $28,188 $25,369 $2,819 $9 per /boarding or 90% of operating costs OCTA, whichever is less Marketing $25,000 $22,500 $2,500 Per Project V Criteria Capital Costs $113,742 $100,093 $13,649 12% City Match Total Costs First Year $166,930 $147,962 $18,968 11.3% City Match 10 YEAR 2+ COSTS 4 4 Operating Costs $28,188 $25,369 $2,819 $9 per/boarding or 900/o of operating costs OCTA, whichever is less Marketing Costs $10,000 $9,000 $1,000 Per Project V Criteria Capital Costs $62,742 $55,213 $7,529 12% Match Total Year 2+ Costs $100,930 $89,582 $11,348 11.2% City Match TOTAL PROJECT COSTS 7 -Year Project Costs $772,510 1 $685,454 1 .3% City Match Scoring Criteria To facilitate review of the subject application, further details are provided in Attachment 5 as they pertain to each scoring criteria. Based on our assessment of the criteria, the City's application may be scored as presented in Table 5. Table 5 Aoolication Scorina Criteria Possible Score Score Match Funding Capital 10 2 Level of Commitments from Non -applicant 5 5 Operating Cost per Boarding, Opening Year 10 10 Annualized Operating and Capital Cost per Passenger 10 6 Estimated Opening Year 10 10 Phase Readiness (Planning, facility, no R/W needed) 10 10 Connections 10 8 # of Fixed -Route Bus/Rail Connections within'/, mile 8 4 Projected Average Daily Boardings (first year) 10 10 Employment Densities 4 4 Population Densities 4 4 Annual Visitors Served 4 4 Innovative Service Delivery Model 1 1 Creative Solutions to Community Needs 1 1 Combining Local and Regional Resources 1 1 Currently Operated Community Based Services — Shuttles 1 0 10 Criteria I Possible Score Score Currently Operated Community Based Services - Vans 1 1 TOTAL I 100 81 Attachments: 1. Balboa Peninsula Shuttle/Trolley Feasibility Study, October 2015 2. City Council Resolution 3. Hoag Hospital Draft Lease Agreement 4. Operations Plan 5. Analysis of Project V Scoring Criteria 11 Attachment 1 Balboa Peninsula Shuttle Trolley Feasibility Study 12 City of Newport t Beach WE 97 911MIFSPRY =1 Prepared for the City of Newport Beach by Dan Boyle & Associates, Inc. October 8, 2015 13 1. Introduction This study assesses the feasibility of a shuttle/trolley route on the Balboa peninsula to serve visitors and residents during the peak summer season. The beach and Balboa Village are popular summertime destinations. As a result, Balboa Boulevard becomes congested, especially on busy summer weekends. The City of Laguna Beach is the model for special summer service. Its Summer Festival service links a parking lot along Laguna Canyon Road with Arts Festival sites, the beach, and downtown. Two other Summer Festival routes serve North Coast Highway and South Coast Highway. Summer Festival trolleys carry over 10,000 riders on a typical summer Saturday (its busiest day) or twice the ridership as compared to 2002, the first year that the service operated free of charge in its current three -route configuration. This is a reminder that it takes time for any service to mature and reach its full ridership potential. The City of Dana Point began a new weekend shuttle service in the summer of 2015, with a single route operating along Pacific Coast Highway (PCH). The City of San Juan Capistrano also started a shuttle in the summer of 2015 This report is organized as follows. Section 2 of this report Is based upon discussions with the City of Newport Beach and the Balboa Village Advisory Committee (BVAC) at its May 2015 meeting. This section describes the purpose and goals of a summer shuttle route on the Balboa Peninsula, discusses potential markets for this service, and identifies key stakeholders. Section 3 summarizes the interviews with stakeholders. Section 4 identifies offsite parking locations and route options. Section 5 outlines draft schedules. Section 6 provides ridership estimates. Section 7 provides cost estimates. Section 8 discusses funding options for a shuttle. 2. Purpose and Goals/Markets/Key Stakeholders The Balboa Village Master Plan included the shuttle concept that would encompass an off-site parking location and a shuttle to connect this location with the peninsula. Goals for the shuttle include: • Providing an alternative to cruising for a parking space on the peninsula; • Encouraging visitors to Balboa Village and the beaches; • Designing a service that is simple to understand, easy to use, and fun; • Focusing on the most promising markets first. The general consensus of discussions during this study is that these goals can best be achieved by starting small, focusing on the peninsula in the summer, and identifying an off-site parking location. Weekend day visitors during the summer constitute the primary market for a shuttle. There are two primary entrances to the peninsula: Newport Expressway/Newport Boulevard and West Coast Highway/Balboa Boulevard. Parking access must be convenient to these approaches. 14 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Of course, there are additional markets that can be attracted to and served by the shuttle. Hotel guests staying in Newport Beach and residents have been mentioned as potential markets by stakeholders. Over the years, the Summer Festival service in Laguna Beach has experienced ridership growth on its South Route (which serves residential areas and hotels along South Coast Highway) to the point where its ridership is greater than on the Canyon Route connecting the major parking location to Festival sites and downtown. The most promising immediate market for the Balboa peninsula, however, is day visitors on summer weekends. This market offers the best chance for success. Once a successful shuttle has been established, the City can consider expanding it to other locations that serve promising markets. There is also interest in expanding the time frame of the shuttle beyond summer weekends. Weekends throughout the year, summer weekdays, and special events such as the Boat Parade during Christmas week were all mentioned. Special events are a logical first step and could even be incorporated into the initial plan for shuttle operation. The kickoff meeting and the first presentation and discussion with the BVAC generated the following list of stakeholders to be interviewed: • Ralph Rodheim, Balboa Village Merchants Association • Gary Sherwin, Newport Beach & Co. • Alison Ryffle, Balboa Peninsula Point Association • Grace Dove, Central Newport Beach Association • Marcel Ford and Kelly Carlson, Balboa Village Merchants Association 3. Interviews with Stakeholders In-person and telephone interviews were conducted with these individuals between June 3 and June 12, 2015. The interview process was flexible to allow each person to explain the most relevant factors for consideration in this study from his/her perspective. Each interview included the following topics: • Traffic and parking • Routing for the trolley • Lessons learned from previous efforts • Markets that can/should be served by the trolley Parting thoughts The vision for the shuttle varied among stakeholders. Most agreed with the concept of "starting small" with a focus on the peninsula. Some see multiple routes (two or more) serving various locations and destinations as necessary from the beginning. A few put forth a broad view of how the shuttle could evolve into a city-wide network serving hotels, shopping, restaurants and bars along with Balboa Village and the beach and thus appealing to a wider market. Some expressed skepticism about the viability of a shuttle, citing past failed attempts and a distinct lack of interest among residents. Most (but not all) interviewees view conveniently located off-site parking as essential for the shuttle's success. Several sites were proposed, including Hoag Hospital, Hoag Health Center on Dan Boyle & Associates, Inc. Page 2 15 Balboa Peninsula Shuttlelfrolley Feasibility Study Final Report Superior Avenue, a lot at 171" Street & Pomona Avenue in Costa Mesa, the Ardell property along Coast Highway, an under-utilized lot at Avon Street & Riverside Avenue in Mariners Mile, The Dunes, and Corona del Mar. Stakeholders noted that the "visitor" market Is not homogeneous. One way to define differences is day trippers vs. those staying longer (often in hotels but also in rental properties). Some merchants see a more lucrative market in those staying longer; one noted that new store owners are cautioned that they need to appeal to locals as well as day visitors to stay in business. One individual noted that 80 percent of visitors in rentals drive to the peninsula but do not necessarily want to use their car to get around. The shuttle does not need to go beyond Balboa Village on the peninsula. There is a turnaround loop at the Balboa Pier used by Orange County Transportation Authority (OCTA) buses that would serve as a good way to turn the trolley around. Balboa Pier is a current destination for beachgoers because of parking and restroom facilities. Stakeholders reported that the parking generally fills up by 9 a.m. on summer weekends. Restrooms are also available at 151 Street. The interviewees agreed that the shuttle does not need to serve West Newport (along Balboa Boulevard between Newport Boulevard and Coast Highway). Beachgoers carry a lot of "stuff' with them. One area of skepticism was whether beachgoers would be willing to use an alternative like the shuttle that requires carrying items from car to shuttle to beach. One suggestion was to consider an airport -type shuttle with room to store these items enroute. Stakeholders were adamant that the vehicles used for the shuttle need to be attractive! Some suggested an open-air trolley as the ideal vehicle, while others emphasized the importance of an alternate -fuel vehicle. The most -cited reason for failure of past efforts was the vehicle. School buses will not attract ridership. If the shuttle is positioned as 'cool,' locals will ride it. Other reasons for failure of previous efforts included under -funding, insufficient marketing, and a lack of understanding that a service like this needs time to build ridership and find its market (or have its market find it). One person suggested that even a summer -long demonstration project would not be long enough. In this view, two years would be the minimum time frame to test the market for a shuttle. This suggestion has a parallel in how transit agencies evaluate the success of a new route or service, which is expected to meet established performance criteria within 18 months. Another noted that Laguna Beach, a model for this type of effort, did not achieve its current usage overnight. Changing people's habits is a slow process. Beyond the off-site parking to Balboa Pier route, other suggested routings would serve McFadden Square/Newport Pier, Lido Marina Village, Mariners Mile, Fashion Island, and various hotels. The interviewees generally agreed that the trolley needs to be free to attract ridership. The one contrary view was long-term, thinking about a day pass for visitors and an evening pass for accessing restaurants and bars on an extended shuttle network. Dan Boyle & Associates, Inc. Page 3 16 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report 4. Offsite Parking Locations and Route Options As noted earlier, the immediate market for the shuttle consists of weekday day visitors during the summer, with the beach as the major destination. Criteria for offsite parking include: • Proximity to Newport Expressway/Newport Boulevard. Most day visitors are coming from inland via the Newport Expressway. Offsite parking needs to intercept visitors before they enter the Peninsula. The Act V Parking Lot on Laguna Canyon Road in Laguna Beach is an example of a well -located parking lot. • Safety. A staffed parking lot or structure is typically perceived as safest, while an unattended lot in a lightly -trafficked location is least safe. • Availability on summer weekends. • Visibility of the offsite parking location from Newport Expressway/Newport Boulevard. A visible location feels familiar, even if a driver has only passed by the location. • Use of city -owned land for parking. This is administratively simpler and can allow for a parking fee to be charged, with all revenue accruing to the City. The last two criteria are ideal but not strictly necessary. Six potential locations have been identified and are highlighted in Figure 1. These locations are: A. The southeast corner of West 17th Street & Pomona Avenue in Costa Mesa (outlined in red). B. Hoag Health Center at 500 Superior Avenue in Newport Beach (outlined In purple). C. Hoag Hospital at 1 Hoag Drive in Newport Beach (outlined in green). D. The Avon Lot on Avon Street behind Jack Shrimp east of Tustin Avenue along Mariners Mile in Newport Beach (outlined in gold).. E. The Lower Lot at Hoag Hospital along Coast Highway between Newport Boulevard and Superior Avenue (outlined in pink). F. A City -owned lot at the northeast corner of Coast Highway & Superior Avenue (outlined in light blue) Dan Boyle & Associates, Inc. Page 4 17 ♦n •ae r s eiA e� l! '+� t© c t f F e .y. ;? L �p"tix Ri,7}h St dk�t ���I �dyS �t� � � j ° � Sx°T4;�if � �, •' }i7 t •„NBwhelhui ^.«-.ext � �a x� adaY ,`g�e� gl �/ , Al a` vi JI, 611 it OR ,efa` , i ifliYa ° 21 c �ol� m����Si. 0�` „ hV c IZ 5ui1S�t P2 k LP"£ '^ ell} f B� � Al, f a i pi�'i + off � qday �� s 'New+p"ort Beach U ry4Le)Nt1 k Ph £d j 31 Balboa Peninsula Shuttle/Trolley Feasibility Study Table 1 Evaluation of Offsite Parking Locations Final Report Location C (Hoag Hospital) is very visible from Newport Boulevard, is accessible with only one turn from Newport, and has a parking structure. There is a well-defined path in and out of this location and a potential stop location adjacent to the parking structure. Some turns would be tight for a larger vehicle. Fieldwork indicated that traffic on the hospital grounds is light on a summer Saturday. The major disadvantage is that it is unlikely that Hoag Hospital would grant approval for access to this site, according to hospital personnel. Location B (Hoag Health Center at 500 Superior Avenue) is not visible from Newport Boulevard and requires a right and then a left turn to access this location. There are two parking structures, wither small cafe in between them, and the Health Center is well -signed from Superior Avenue. Hoag Hospital personnel indicated that this location was used as a base for shuttle service to the Balboa Peninsula in the past. The Health Center is not staffed on weekends, so there are no parking or traffic conflicts. There is a well-defined path in and out of this location (circling the parking structures), and the cafe area provides a convenient waiting area. There is room for multiple shuttle vehicles at this location. Availability is likely, but has not yet been confirmed. Location A (the lot at West 171i Street & Pomona Avenue) is close to but not visible from Newport Boulevard. Drivers can reach the lot with only one turn. It is not staffed, and it is unclear whether visitors would feel comfortable leaving their cars there for the day. Access to the lot was closed off during fieldwork, but it appears unused during summer months. This is the location farthest away from Balboa Peninsula. Location D (the Avon lot on Avon Street east of Tustin Avenue behind Jack Shrimp) along Mariners Mile is an open, unstaffed lot. It requires two or three turns from Newport Boulevard to access. The lot is owned by the City and is underused. As with the lot at West 171 & Pomona, it is unclear whether visitors would feel comfortable leaving their cars there for the day. It may be more challenging to persuade visitors to look for remote parking once they have reached Coast Highway and are almost to the Peninsula. Dan Boyle & Associates, Inc. Page 6 19 Proximity Location to Safety Availability Visibility Current # City - Newport Cost Spaces owned? Blvd A 171i & Good Poor— unstaffed lot Unknown — no access Poor Free 80 No Pomona on side street during fieldwork B Hoag Health Fair Good — parking Likely Poor Unknown Over 200 No Center structure C Hoag Hospital Excellent Good —parking Unlikely Excellent $5 to $8 Over 200 No structure D Avon Poor Poor unstaffed lot Available Poor Free 108 Yes not visible from street E Hoag Hospital Fair Fair — unstaffed lot possible Poor Free Over 100 No Lower Lot visible from street F Coast Hwy & Fair Fair — unstaffed lot Available Poor Free 52 Yes Superior visible from street Location C (Hoag Hospital) is very visible from Newport Boulevard, is accessible with only one turn from Newport, and has a parking structure. There is a well-defined path in and out of this location and a potential stop location adjacent to the parking structure. Some turns would be tight for a larger vehicle. Fieldwork indicated that traffic on the hospital grounds is light on a summer Saturday. The major disadvantage is that it is unlikely that Hoag Hospital would grant approval for access to this site, according to hospital personnel. Location B (Hoag Health Center at 500 Superior Avenue) is not visible from Newport Boulevard and requires a right and then a left turn to access this location. There are two parking structures, wither small cafe in between them, and the Health Center is well -signed from Superior Avenue. Hoag Hospital personnel indicated that this location was used as a base for shuttle service to the Balboa Peninsula in the past. The Health Center is not staffed on weekends, so there are no parking or traffic conflicts. There is a well-defined path in and out of this location (circling the parking structures), and the cafe area provides a convenient waiting area. There is room for multiple shuttle vehicles at this location. Availability is likely, but has not yet been confirmed. Location A (the lot at West 171i Street & Pomona Avenue) is close to but not visible from Newport Boulevard. Drivers can reach the lot with only one turn. It is not staffed, and it is unclear whether visitors would feel comfortable leaving their cars there for the day. Access to the lot was closed off during fieldwork, but it appears unused during summer months. This is the location farthest away from Balboa Peninsula. Location D (the Avon lot on Avon Street east of Tustin Avenue behind Jack Shrimp) along Mariners Mile is an open, unstaffed lot. It requires two or three turns from Newport Boulevard to access. The lot is owned by the City and is underused. As with the lot at West 171 & Pomona, it is unclear whether visitors would feel comfortable leaving their cars there for the day. It may be more challenging to persuade visitors to look for remote parking once they have reached Coast Highway and are almost to the Peninsula. Dan Boyle & Associates, Inc. Page 6 19 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Location E (the Lower Lot at Hoag Hospital along Coast Highway between Superior Avenue and Newport Boulevard) is an open, unstaffed lot. The City of Newport Beach will be using this lot on Saturdays to shuttle youth sports league players to the City's park on Superior Avenue & Coast Highway. Availability is possible, but has not yet been confirmed. While this location faces the same challenge as the Avon lot in persuading visitors to look for remote parking once they have reached Coast Highway, it is very close to Newport Boulevard, Location F, the lot at Coast Highway & Superior Avenue, is an open, unstaffed lot. This location faces the same challenge in persuading visitors to look for remote parking once they have reached Coast Highway. While only slightly farther west of the Lower Lot, this lot can only be accessed from the northbound lane of Superior Avenue. As seen in the next section, this restricted access results in a lengthy out -of -direction loop on the trip to Balboa Pier, Figure 2 shows route options for the shuttle. All options are identical between Coast Highway and the Balboa Pier. • The red line serves the lot at 17" & Pomona. • The dark blue line serves Hoag Health Center. • The green line serves Hoag Hospital. • The orange line serves the Avon lot at Mariners Mile. • The pink line serves the Lower Hoag Hospital parking lot • The light blue line serves the lot at Superior & Coast Highway Parking lots are shown in white and are outlined by the color of the route serving the lot. Dan Boyle & Associates, Inc. Page 7 20 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Two additional route options were suggested in stakeholder interviews. These options, shown in Figures 3 and 4, are not oriented toward parking for summer day visitors and might be considered as options for future extensions. These routes are very different: • The route in dark green (Figure 3) is very short (under two miles round-trip) and connects Lido Marina Village with Newport Pier. • The route in pink (Figure 4) is an expansive route connecting Balboa Pier with Mariners Mile, Fashion Island, and various hotels and resorts. Figure 3 Route Options Not Oriented toward Day Visitors: Lido Marina Village -Newport Pier Dan Boyle & Associates, Inc. Page 9 22 Balboa Peninsula Shuttle/Trolley Feasibility Study Figure 4 Final Report Table 2 summarizes distances for each route. Table 2 Distances to Balboa Village in Miles for Each Route Option Route Option Distance SB Distance NB Round-trip Distance A. ITh & Pomona 4.1 4.3 8.4 B. Hoag Health 3.6 3.9 7.5 Center C. Hoag Hospital 3.2 3.4 6.6 D. Avon 3.4 3.4 6.8 E. Hoag Lower Lot 2.9 3.7 6.6 F. Coast Hwy & 3.6 3.9 7.5 Superior Lido Marina 1.0 0.8 1.8 Village Hotel/Resort Loop 14.8 12.1 26.9 Dan Boyle & Associates, Inc. Page 10 23 Balboa Peninsula Shuttle/Trolley Feasibility Study 5. Schedules Final Report Draft schedules have been developed for each of the six parking -based shuttle options and are presented in Appendix A. The running times for each option are based on fieldwork on the Balboa Peninsula on a summer Saturday (July 11, 2015) and the OCTA bus schedule for Route 71, and include a factor for scheduled stops. The shuttle could be operated with stops at all OCTA stops along the route (Appendix B provides a list of OCTA stops that are along one of the routes) or could stop only at select stops. Initial span of service is assumed to be from 10 a.m. to 6 p.m. on Saturday and Sunday. Service Is provided every 15 minutes almost all of the day. Most options operate every 20 minutes between 10 and 11 am. A frequency of one bus every 20 minutes between 10 and 11 a.m. is acceptable, based on field observation (the parking lot at Balboa Pier had spaces available until 11:15 a.m.) and experience in Laguna Beach. Table 3 summarizes the schedules for each option. Table 3 Summary of Schedule Information for Each Option Note: Revenue hours are the total number of hours that a shuttle is in service. This includes recovery time at the end of each trip. In Options A and C, the running times allowed service every 12 minutes for two hours at no additional cost Revenue hours of service are highest for the 17u' & Pomona option and lowest for the Hoag Hospital and Lower Lot options. The 17th & Pomona option requires five vehicles due to the longer distance involved. Span of service reflects the leave time of the first bus from the parking lot to the arrival of the last bus at the parking lot. 6. Ridership Estimate Ridership estimates are based upon summer 2015 ridership to date in Dana Point and San Juan Capistrano (excluding special events and the 4th of July weekend) and adjusted ridership in Laguna Beach during its first year of free service in 2002. For the purposes of this estimate, we assume that a Balboa Peninsula trolley/shuttle could achieve a productivity (measured as boardings per revenue hour) of approximately 1/5 of the Laguna Beach Summer Festival Trolley Dan Boyle & Associates, Inc. Page 11 24 Frequency Daily Annual Route Option (minutes) Span of Service Revenue Revenue # Vehicles Hours Hours A. 171h & Pomona 15; occasional 10 am -7:41 pm 38.0 759.3 5 B. Hoag Health 15 (20 first 10 am -7:32 pm 32.1 641.0 4 Center hour 15 (20 first C. Hoag Hospital hour); 10 am -7:29 pm 31.9 637.0 4 occasional 12 D. Avon 15 (20 first hour 10 am -7:31 pm 32.0 639.7 4 E. Hoag Lower 15 (20 first 10 am -7:30 pm 31.9 638.3 4 Lot hour) F. Coast Hwy & 15 (20 first 10 am -7:35 pm 33.0 660.0 4 Superior hour Note: Revenue hours are the total number of hours that a shuttle is in service. This includes recovery time at the end of each trip. In Options A and C, the running times allowed service every 12 minutes for two hours at no additional cost Revenue hours of service are highest for the 17u' & Pomona option and lowest for the Hoag Hospital and Lower Lot options. The 17th & Pomona option requires five vehicles due to the longer distance involved. Span of service reflects the leave time of the first bus from the parking lot to the arrival of the last bus at the parking lot. 6. Ridership Estimate Ridership estimates are based upon summer 2015 ridership to date in Dana Point and San Juan Capistrano (excluding special events and the 4th of July weekend) and adjusted ridership in Laguna Beach during its first year of free service in 2002. For the purposes of this estimate, we assume that a Balboa Peninsula trolley/shuttle could achieve a productivity (measured as boardings per revenue hour) of approximately 1/5 of the Laguna Beach Summer Festival Trolley Dan Boyle & Associates, Inc. Page 11 24 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report on weekends in 2002. The Dana Point and San Juan Capistrano shuttles are in their first year of operation. The Dana Point shuttle operates primarily on Pacific Coast Highway and connects with major hotels. The San Juan Capistrano shuttle operates hourly as a circulator within the City. The average of the Dana Point, San Juan Capistrano, and adjusted 2002 Laguna Beach productivity figures is 12.7 boardings per revenue hour. To be conservative, this analysis uses a lower value of 10 boardings per revenue hour to estimate potential ridership of the Balboa Peninsula shuttle/trolley service. Assuming 32.0 revenue hours, the resulting daily ridership estimate is 320. There are other factors that can influence ridership. A focused marketing effort publicizing the existence of the shuttle and how to use it will be very important in ensuring the shuttle's success. As noted in Technical Memorandum No. 1, it could take more than one summer to establish the shuttle as an integral part of summer on the Balboa Peninsula. OCTA has changed its Project V guidelines in recognition of the fact that changing people's habits is a slow process. Another interesting factor observed in the fieldwork is related to skepticism over whether beachgoers, who generally bring a lot of beach gear and belongings with them, would be willing to transfer to a shuttle. In the late morning and afternoon, once the parking lot at Balboa Pier was full, many beachgoers were observed carrying their belongings across Balboa Boulevard from wherever they could find parking. A shuttle that brings these beachgoers directly to Balboa Pier would be very attractive to families who currently walk a fair distance to the beach. 7. Cost Estimate Laguna Beach operates its Summer Festival Trolley service directly. Dana Point and San Juan Capistrano have contracted operation of their services to a private contractor. Dana Point received a Project V grant from OCTA and provides a local match of approximately 20 percent. San Juan Capistrano is funding a small demonstration project this summer with City funds. In its Project V application, Dana Point used a cost estimate of $95 per revenue hour to calculate operating costs. For the purposes of this analysis, we assume an operating cost of $100 per revenue hour. Table 4 summarizes estimated operating costs and ridership for the Balboa Peninsula shuttle/trolley. Table 4 uses 32.0 daily revenue hours at a cost of $100 per revenue hour (assumed to include provision of vehicles) and 10 weeks of service on summer Saturdays and Sundays. Table 4 Cost and Ridership Estimates Days of Daily Annual Operation Revenue Riders Revenue Riders Operating Hours Hours Cost 10 Saturdays 32.0 320 640 6,380 $64,000 10 Sundays Dan Boyle & Associates, Inc. Page 12 25 Balboa Peninsula Shuttle/7'rolley Feasibility Study 8. Funding Options Final Report OCTA's M2 program is a 30 -year, multi -billion dollar extension of the original Measure M (approved in 1990) with a new slate of planned projects and programs. Projects S, T, V, and W address public transportation needs. The proposed Balboa Peninsula shuttle could be funded under Project V: Community Based Transit/Circulators. Among the objectives of Project V are to: • Encourage development of local bus transit services such as community-based circulators, shuttles, and bus trolleys • Provide alternatives to address seasonal/special event congestion Capital funding is available for the following purposes: Bus and vehicle leases/purchases Related equipment, including but not limited to: o Bike racks o Software o Communications equipment o Fare collection equipment o Passenger amenities o Americans with Disabilities Act (ADA) equipment for vehicles • Maintenance facilities and fueling stations • Bus stop improvements (signage, furniture, and shelters Operations and maintenance funding is available for the following purposes: • Fixed route, deviated fixed route, demand responsive, seasonal community transit, and shuttle services including administration, operations and maintenance of services. Services are to be operated by OCTA, although local agencies may propose an alternate service provider which will be considered at the discretion of OCTA. • Parking leases needed in response to expanded transit services. • Special event shuttle services for events that will create significant congestion. • Other flexible and innovative transit services contingent on the service plan and anticipated service performance. • Marketing efforts including expenditures related to service schedules, marketing materials such as flyers and brochures, and community outreach efforts. Project V contributions for marketing will be capped at $25,000 for the startup cost and up to $10,000 annually thereafter for the remaining grant period. Funding for planning Project V services is available. Up to $50,000 is available for planning. Agencies may be awarded a total from all project categories of no more than $550,000 annually for a period of up to seven years per project. Dan Boyle & Associates, Inc. Page 13 26 Balboa Peninsula Shuttle/Trolley Feasibility Study Table 5 summarizes Project V funding for successful eligible projects. Table 5 Project V Funding Final Report Category Funding Available Comments Applications with local funding greater Capital 90 percent than 10 percent are eligible for additional point scoring 90 percent OR Must meet minimum standard of 6 Operating and gg per boarding, boardings per revenue hour within Maintenance whichever is less first 12 months and 10 boardings per revenue hour within first 24 months OCTA staff has prepared and presented Program Guidelines for Project V to its Board and is expected to issue a Call for Projects later this year. The recommended next step is to complete and submit a Project V application in response to the Call for Projects. If Newport Beach can replicate the success of shuttles operating in Dana Point (funded through Project V) and San Juan Capistrano in 2015, this productivity target would be attainable. Dan Boyle & Associates, Inc. Page 14 27 Balboa Peninsula Shuttle/Frolley Feasibility Study Final Report APPENDIX A DRAFT SCHEDULES Schedule from Hoag Hospital Leave Balboa Arrive Leave Balboa Arrive Hoag Hosp & 15th Balboa Pier Balboa Pier & 16th Hoag Hosp Layover 10:00 AM 10:07 AM 10:15 AM 10:15 AM 10:23 AM 10:30 AM 0:10 10:20 AM 10:27 AM 10:35 AM 10:35 AM 10:43 AM 10:50 AM 0:10 10:40 AM 10:47 AM 10:55 AM 10:55 AM 11:03 AM 11:10 AM 0:20 11:00 AM 11:07 AM 11:15 AM 11:15 AM 11:23 AM 11:30 AM 0:15 11:15 AM 11:22 AM 11:30 AM 11:30 AM 11:38 AM 11:45 AM 0:15 11:30 AM 11:39 AM 11:48 AM 11:48 AM 11:58 AM 12:08 PM 0:07 11:45 AM 11:54 AM 12:03 PM 12:03 PM 12:13 PM 12:23 PM 0:07 12:00 PM 12:10 PM 12:20 PM 12:20 PM 12:31 PM 12:42 PM 0:18 12:15 PM 12:25 PM 12:35 PM 12:35 PM 12:46 PM 12:57 PM 0:15 12:30 PM 12:40 PM 12:50 PM 12:50 PM 1:01 PM 1:12 PM 0:12 12:45 PM 12:55 PM 1:05 PM 1:05 PM 1:16 PM 1:27 PM 0:09 1:00 PM 1:11 PM 1:22 PM 1:22 PM 1:33 PM 1:44 PM 0:04 1:12 PM 1:23 PM 1:34 PM 1:34 PM 1:45 PM 1:56 PM 0:04 1:24 PM 1:35 PM 1:46 PM 1:46 PM 1:57 PM 2:08 PM 0:07 1:36 PM 1:47 PM 1:58 PM 1:58 PM 2:09 PM 2:20 PM 0:10 1:48 PM 1:59 PM 2:10 PM 2:10 PM 2:21 PM 2:32 PM 0:13 2:00 PM 2:11 PM 2:22 PM 2:22 PM 2:33 PM 2:44 PM 0:16 2:15 PM 2:26 PM 2:37 PM 2:37 PM 2:48 PM 2:59 PM 0:13 2:30 PM 2:41 PM 2:52 PM 2:52 PM 3:03 PM 3:14 PM 0:10 2:45 PM 2:56 PM 3:07 PM 3:07 PM 3:18 PM 3:29 PM 0:07 3:00 PM 3:11 PM 3:22 PM 3:22 PM 3:33 PM 3:44 PM 0:06 3:12 PM 3:23 PM 3:34 PM 3:34 PM 3:45 PM 3:56 PM 0:04 3:24 PM 3:35 PM 3:46 PM 3:46 PM 3:57 PM 4:08 PM 0:07 3:36 PM 3:47 PM 3:58 PM 3:58 PM 4:09 PM 4:20 PM 0:10 3:50 PM 4:01 PM 4:12 PM 4:12 PM 4:23 PM 4:34 PM 0:11 4:00 PM 4:11 PM 4:22 PM 4:22 PM 4:33 PM 4:44 PM 0:16 4:15 PM 4:26 PM 4:37 PM 4:37 PM 4:48 PM 4:59 PM 0:16 4:30 PM 4:41 PM 4:52 PM 4:52 PM 5:03 PM 5:14 PM 0:16 4:45 PM 4:56 PM 5:07 PM 5:07 PM 5:18 PM 5:29 PM 0:16 5:00 PM 5:11 PM 5:22 PM 5:22 PM 5:33 PM 5:44 PM 0:16 5:15 PM 5:26 PM 5:37 PM 5:37 PM 5:48 PM 5:59 PM 0:16 5:30 PM 5:41 PM 5:52 PM 5:52 PM 6:03 PM 6:14 PM 0:16 5:45 PM 5:56 PM 6:07 PM 6:07 PM 6:18 PM 6:29 PM 0:16 6:00 PM 6:11 PM 6:22 PM 6:22 PM 6:33 PM 6:44 PM 6:15 PM 6:26 PM 6:37 PM 6:37 PM 6:48 PM 6:59 PM 6:30 PM 6:41 PM 6:52 PM 6:52 PM 7:03 PM 7:14 PM 6:45 PM 6:56 PM 7:07 PM 7:07 PM 7:18 PM 7:29 PM Dan Boyle & Associates, Inc. Page 15 28 Balboa Peninsula Shuttle/Trolley Feasibility Study Schedule from Hoag Health Center Final Report Leave Balboa Arrive Leave Balboa Arrive Hoag HC & 15th Balboa Pier Balboa Pier & 16th Hoag HC Layover 10:00 AM 10:08 AM 10:16 AM 10:16 AM 10:24 AM 10:33 AM 0:07 10:20 AM 10:28 AM 10:36 AM 10:36 AM 10:44 AM 10:53 AM 0:07 10:40 AM 10:48 AM 10:56 AM 10:56 AM 11:04 AM 11:13 AM 0:04 11:00 AM 11:08 AM 11:16 AM 11:16 AM 11:24 AM 11:33 AM 0:12 11:15 AM 11:23 AM 11:31 AM 11:31 AM 11:39 AM 11:48 AM 0:12 11:30 AM 11:39 AM 11:49 AM 11:49 AM 11:59 AM 12:11 PM 0:04 11:45 AM 11:54 AM 12:04 PM 12:04 PM 12:14 PM 12:26 PM 0:04 12:00 PM 12:10 PM 12:21 PM 12:21 PM 12:32 PM 12:45 PM 0:15 12:15 PM 12:25 PM 12:36 PM 12:36 PM 12:47 PM 1:00 PM 0:15 12:30 PM 12:40 PM 12:51 PM 12:51 PM 1:02 PM 1:15 PM 0:15 12:45 PM 12:55 PM 1:06 PM 1:06 PM 1:17 PM 1:30 PM 0:15 1:00 PM 1:11 PM 1:23 PM 1:23 PM 1:34 PM 1:47 PM 0:13 1:15 PM 1:26 PM 1:38 PM 1:38 PM 1:49 PM 2:02 PM 0:13 1:30 PM 1:41 PM 1:53 PM 1:53 PM 2:04 PM 2:17 PM 0:13 1:45 PM 1:56 PM 2:08 PM 2:08 PM 2:19 PM 2:32 PM 0:13 2:00 PM 2:11 PM 2:23 PM 2:23 PM 2:34 PM 2:47 PM 0:13 2:15 PM 2:26 PM 2:38 PM 2:38 PM 2:49 PM 3:02 PM 0:13 2:30 PM 2:41 PM 2:53 PM 2:53 PM 3:04 PM 3:17 PM 0:13 2:45 PM 2:56 PM 3:08 PM 3:08 PM 3:19 PM 3:32 PM 0:13 3:00 PM 3:11 PM 3:23 PM 3:23 PM 3:34 PM 3:47 PM 0:13 3:15 PM 3:26 PM 3:38 PM 3:38 PM 3:49 PM 4:02 PM 0:13 3:30 PM 3:41 PM 3:53 PM 3:53 PM 4:04 PM 4:17 PM 0:13 3:45 PM 3:56 PM 4:08 PM 4:08 PM 4:19 PM 4:32 PM 0:13 4:00 PM 4:11 PM 4:23 PM 4:23 PM 4:34 PM 4:47 PM 0:13 4:15 PM 4:26 PM 4:38 PM 4:38 PM 4:49 PM 5:02 PM 0:13 4:30 PM 4:41 PM 4:53 PM 4:53 PM 5:04 PM 5:17 PM 0:13 4:45 PM 4:56 PM 5:08 PM 5:08 PM 5:19 PM 5:32 PM 0:13 5:00 PM 5:11 PM 5:23 PM 5:23 PM 5:34 PM 5:47 PM 0:13 5:15 PM 5:26 PM 5:38 PM 5:38 PM 5:49 PM 6:02 PM 0:13 5:30 PM 5:41 PM 5:53 PM 5:53 PM 6:04 PM 6:17 PM 0:13 5:45 PM 5:56 PM 6:08 PM 6:08 PM 6:19 PM 6:32 PM 0:13 6:00 PM 6:11 PM 6:23 PM 6:23 PM 6:34 PM 6:47 PM 6:15 PM 6:26 PM 6:38 PM 6:38 PM 6:49 PM 7:02 PM 6:30 PM 6:41 PM 6:53 PM 6:53 PM 7:04 PM 7:17 PM 6:45 PM 6:56 PM 7:08 PM 7:08 PM 7:19 PM 7:32 PM Dan Boyle & Associates, Inc. Page 16 29 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Schedule from 17th & Pomona Leave 17th Balboa Arrive Leave Balboa Arrive 17th & Pomona & 15th Balboa Pier Balboa Pier & 16th & Pomona Layover 10:00 AM 10:11 AM 10:19 AM 10:19 AM 10:27 AM 10:39 AM 12:06 AM 10:15 AM 10:26 AM 10:34 AM 10:34 AM 10:42 AM 10:54 AM 12:06 AM 10:30 AM 10:41 AM 10:49 AM 10:49 AM 10:57 AM 11:09 AM 12:06 AM 10:45 AM 10:56 AM 11:04 AM 11:04 AM 11:12 AM 11:24 AM 12:06 AM 11:00 AM 11:11 AM 11:19 AM 11:19 AM 11:27 AM 11:39 AM 12:06 AM 11:15 AM 11:26 AM 11:34 AM 11:34 AM 11:42 AM 11:54 AM 12:06 AM 11:30 AM 11:44 AM 11:53 AM 11:53 AM 12:03 PM 12:18 PM 12:12 AM 11:45 AM 11:59 AM 12:08 PM 12:08 PM 12:18 PM 12:33 PM 12:12 AM 12:00 PM 12:16 PM 12:26 PM 12:26 PM 12:37 PM 12:53 PM 12:07 AM 12:15 PM 12:31 PM 12:41 PM 12:41 PM 12:52 PM 1:08 PM 12:07 AM 12:30 PM 12:46 PM 12:56 PM 12:56 PM 1:07 PM 1:23 PM 12:07 AM 12:45 PM 1:01 PM 1:11 PM 1:11 PM 1:22 PM 1:38 PM 12:07 AM 1:00 PM 1:16 PM 1:27 PM 1:27 PM 1:38 PM 1:55 PM 12:05 AM 1:15 PM 1:31 PM 1:42 PM 1:42 PM 1:53 PM 2:09 PM 12:06 AM 1:30 PM 1:46 PM 1:57 PM 1:57 PM 2:08 PM 2:24 PM 12:06 AM 1:45 PM 2:01 PM 2:12 PM 2:12 PM 2:23 PM 2:39 PM 12:06 AM 2:00 PM 2:16 PM 2:27 PM 2:27 PM 2:38 PM 2:56 PM 12:04 AM 2:15 PM 2:31 PM 2:42 PM 2:42 PM 2:53 PM 3:11 PM 12:13 AM 2:30 PM 2:46 PM 2:57 PM 2:57 PM 3:08 PM 3:26 PM 12:10 AM 2:45 PM 3:01 PM 3:12 PM 3:12 PM 3:23 PM 3:41 PM 12:07 AM 3:00 PM 3:16 PM 3:27 PM 3:27 PM 3:38 PM 3:56 PM 12:04 AM 3:12 PM 3:28 PM 3:39 PM 3:39 PM 3:50 PM 4:08 PM 12:07 AM 3:24 PM 3:40 PM 3:51 PM 3:51 PM 4:02 PM 4:20 PM 12:10 AM 3:36 PM 3:52 PM 4:03 PM 4:03 PM 4:14 PM 4:32 PM 12:13 AM 3:48 PM 4:04 PM 4:15 PM 4:15 PM 4:26 PM 4:44 PM 12:16 AM 4:00 PM 4:16 PM 4:27 PM 4:27 PM 4:38 PM 4:56 PM 12:16 AM 4:15 PM 4:31 PM 4:42 PM 4:42 PM 4:53 PM 5:11 PM 12:13 AM 4:30 PM 4:46 PM 4:57 PM 4:57 PM 5:08 PM 5:26 PM 12:10 AM 4:45 PM 5:01 PM 5:12 PM 5:12 PM 5:23 PM 5:41 PM 12:07 AM 5:00 PM 5:16 PM 5:27 PM 5:27 PM 5:38 PM 5:56 PM 12:04 AM 5:12 PM 5:28 PM 5:39 PM 5:39 PM 5:50 PM 6:08 PM 12:07 AM 5:24 PM 5:40 PM 5:51 PM 5:51 PM 6:02 PM 6:20 PM 12:10 AM 5:36 PM 5:52 PM 6:03 PM 6:03 PM 6:14 PM 6:32 PM 12:13 AM 5:48 PM 6:04 PM 6:15 PM 6:15 PM 6:26 PM 6:44 PM 6:00 PM 6:16 PM 6:27 PM 6:27 PM 6:38 PM 6:56 PM 6:15 PM 6:31 PM 6:42 PM 6:42 PM 6:53 PM 7:11 PM 6:30 PM 6:46 PM 6:57 PM 6:57 PM 7:08 PM 7:26 PM 6:45 PM 7:01 PM 7:12 PM 7:12 PM 7:23 PM 7:41 PM Dan Boyle & Associates, Inc. Page 17 30 Balboa Peninsula Shuttle/Trolley Feasibility Study Schedule from Avon Leave Balboa Avon lot & 15th 10:00 AM 10:08 AM 10:20 AM 10:28 AM 10:40 AM 10:48 AM 11:00 AM 11:08 AM 11:15 AM 11:23 AM 11:30 AM 11:40 AM 11:45 AM 11:55 AM 12:00 PM 12:12 PM 12:15 PM 12:27 PM 12:30 PM 12:42 PM 12:45 PM 12:57 PM 1:00 PM 1:11 PM 1:15 PM 1:26 PM 1:30 PM 1:41 PM 1:45 PM 1:56 PM 2:00 PM 2:12 PM 2:15 PM 2:27 PM 2:30 PM 2:42 PM 2:45 PM 2:57 PM 3:00 PM 3:12 PM 3:15 PM 3:27 PM 3:30 PM 3:42 PM 3:45 PM 3:57 PM 4:00 PM 4:12 PM 4:15 PM 4:27 PM 4:30 PM 4:42 PM 4:45 PM 4:57 PM 5:00 PM 5:12 PM 5:15 PM 5:27 PM 5:30 PM 5:42 PM 5:45 PM 5:57 PM 6:00 PM 6:12 PM 6:15 PM 6:27 PM 6:30 PM 6:42 PM 6:45 PM 6:57 PM Dan Boyle & Associates, Inc. Arrive Leave Balboa Arrive Balboa Pier Balboa Pier & 16th Avon lot 10:16 AM 10:16 AM 10:24 AM 10:31 AM 10:36 AM 10:36 AM 10:44 AM 10:51 AM 10:56 AM 10:56 AM 11:04 AM 11:11 AM 11:16 AM 11:16 AM 11:24 AM 11:31 AM 11:31 AM 11:31 AM 11:39 AM 11:46 AM 11:49 AM 11:49 AM 11:57 AM 12:09 PM 12:04 PM 12:04 PM 12:14 PM 12:24 PM 12:22 PM 12:22 PM 12:32 PM 12:43 PM 12:37 PM 12:37 PM 12:48 PM 12:58 PM 12:52 PM 12:52 PM 1:03 PM 1:13 PM 1:07 PM 1:07 PM 1:18 PM 1:28 PM 1:22 PM 1:22 PM 1:33 PM 1:45 PM 1:37 PM 1:37 PM 1:48 PM 2:00 PM 1:52 PM 1:52 PM 2:03 PM 2:15 PM 2:07 PM 2:07 PM 2:18 PM 2:30 PM 2:23 PM 2:23 PM 2:34 PM 2:46 PM 2:38 PM 2:38 PM 2:49 PM 3:01 PM 2:53 PM 2:53 PM 3:04 PM 3:16 PM 3:08 PM 3:08 PM 3:19 PM 3:31 PM 3:23 PM 3:23 PM 3:34 PM 3:46 PM 3:38 PM 3:38 PM 3:49 PM 4:01 PM 3:53 PM 3:53 PM 4:04 PM 4:16 PM 4:08 PM 4:08 PM 4:19 PM 4:31 PM 4:23 PM 4:23 PM 4:34 PM 4:46 PM 4:38 PM 4:38 PM 4:49 PM 5:01 PM 4:53 PM 4:53 PM 5:04 PM 5:16 PM 5:08 PM 5:08 PM 5:19 PM 5:31 PM 5:23 PM 5:23 PM 5:34 PM 5:46 PM 5:38 PM 5:38 PM 5:49 PM 6:01 PM 5:53 PM 5:53 PM 6:04 PM 6:16 PM 6:08 PM 6:08 PM 6:19 PM 6:31 PM 6:23 PM 6:23 PM 6:34 PM 6:46 PM 6:38 PM 6:38 PM 6:49 PM 7:01 PM 6:53 PM 6:53 PM 7:04 PM 7:16 PM 7:08 PM 7:08 PM 7:19 PM 7:31 PM Final Report Layover 0:09 0:09 0:06 0:14 0:14 0:06 0:06 0:17 0:17 0:17 0:17 0:15 0:15 0:15 0:15 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 Page 18 31 Balboa Peninsula Shuttle/Trolley Feasibility Study Schedule from Lower Lot Final Report Leave Balboa Arrive Leave Balboa Arrive Lower lot & 15th Balboa Pier Balboa Pier & 16th Lower lot Layover 10:00 AM 10:06 AM 10:14 AM 10:14 AM 10:22 AM 10:31 AM 0:09 10:20 AM 10:26 AM 10:34 AM 10:34 AM 10:42 AM 10:51 AM 0:09 10:40 AM 10:46 AM 10:54 AM 10:54 AM 11:02 AM 11:11 AM 0:04 11:00 AM 11:06 AM 11:14 AM 11:14 AM 11:22 AM 11:31 AM 0:14 11:15 AM 11:21 AM 11:29 AM 11:29 AM 11:37 AM 11:46 AM 0:14 11:30 AM 11:38 AM 11:47 AM 11:47 AM 11:55 AM 12:08 PM 0:07 11:45 AM 11:53 AM 12:02 PM 12:02 PM 12:12 PM 12:23 PM 0:07 12:00 PM 12:09 PM 12:19 PM 12:19 PM 12:29 PM 12:42 PM 0:18 12:15 PM 12:24 PM 12:34 PM 12:34 PM 12:45 PM 12:57 PM 0:18 12:30 PM 12:39 PM 12:49 PM 12:49 PM 1:00 PM 1:12 PM 0:18 12:45 PM 12:54 PM 1:04 PM 1:04 PM 1:15 PM 1:27 PM 0:18 1:00 PM 1:09 PM 1:20 PM 1:20 PM 1:31 PM 1:44 PM 0:16 1:15 PM 1:24 PM 1:35 PM 1:35 PM 1:46 PM 1:59 PM 0:16 1:30 PM 1:39 PM 1:50 PM 1:50 PM 2:01 PM 2:14 PM 0:16 1:45 PM 1:54 PM 2:05 PM 2:05 PM 2:16 PM 2:29 PM 0:16 2:00 PM 2:09 PM 2:20 PM 2:20 PM 2:31 PM 2:45 PM 0:15 2:15 PM 2:24 PM 2:35 PM 2:35 PM 2:46 PM 3:00 PM 0:15 2:30 PM 2:39 PM 2:50 PM 2:50 PM 3:01 PM 3:15 PM 0:15 2:45 PM 2:54 PM 3:05 PM 3:05 PM 3:16 PM 3:30 PM 0:15 3:00 PM 3:09 PM 3:20 PM 3:20 PM 3:31 PM 3:45 PM 0:15 3:15 PM 3:24 PM 3:35 PM 3:35 PM 3:46 PM 4:00 PM 0:15 3:30 PM 3:39 PM 3:50 PM 3:50 PM 4:01 PM 4:15 PM 0:15 3:45 PM 3:54 PM 4:05 PM 4:05 PM 4:16 PM 4:30 PM 0:15 4:00 PM 4:09 PM 4:20 PM 4:20 PM 4:31 PM 4:45 PM 0:15 4:15 PM 4:24 PM 4:35 PM 4:35 PM 4:46 PM 5:00 PM 0:15 4:30 PM 4:39 PM 4:50 PM 4:50 PM 5:01 PM 5:15 PM 0:15 4:45 PM 4:54 PM 5:05 PM 5:05 PM 5:16 PM 5:30 PM 0:15 5:00 PM 5:09 PM 5:20 PM 5:20 PM 5:31 PM 5:45 PM 0:15 5:15 PM 5:24 PM 5:35 PM 5:35 PM 5:46 PM 6:00 PM 0:15 5:30 PM 5:39 PM 5:50 PM 5:50 PM 6:01 PM 6:15 PM 0:15 5:45 PM 5:54 PM 6:05 PM 6:05 PM 6:16 PM 6:30 PM 0:15 6:00 PM 6:09 PM 6:20 PM 6:20 PM 6:31 PM 6:45 PM 6:15 PM 6:24 PM 6:35 PM 6:35 PM 6:46 PM 7:00 PM 6:30 PM 6:39 PM 6:50 PM 6:50 PM 7:01 PM 7:15 PM 6:45 PM 6:54 PM 7:05 PM 7:05 PM 7:16 PM 7:30 PM Dan Boyle & Associates, Inc. Page 19 32 Balboa Peninsula Shuttlelrl7olley Feasibility Study Final Report Schedule from Coast Hwy & Superior Leave Coast Balboa Arrive Leave Balboa Arrive Coast & Superior & 15th Balboa Pier Balboa Pier & 16th & Superior Layover 10:00 AM 10:09 AM 10:17 AM 10:17 AM 10:25 AM 10:34 AM 0:06 10:20 AM 10:29 AM 10:37 AM 10:37 AM 10:45 AM 10:54 AM 0:06 10:40 AM 10:49 AM 10:57 AM 10:57 AM 11:05 AM 11:14 AM 0:16 11:00 AM 11:09 AM 11:17 AM 11:17 AM 11:25 AM 11:34 AM 0:11 11:15 AM 11:24 AM 11:32 AM 11:32 AM 11:40 AM 11:49 AM 0:11 11:30 AM 11:42 AM 11:51 AM 11:51 AM 11:59 AM 12:13 PM 0:17 11:45 AM 11:57 AM 12:06 PM 12:06 PM 12:16 PM 12:28 PM 0:17 12:00 PM 12:13 PM 12:23 PM 12:23 PM 12:33 PM 12:47 PM 0:13 12:15 PM 12:28 PM 12:38 PM 12:38 PM 12:49 PM 1:02 PM 0:13 12:30 PM 12:43 PM 12:53 PM 12:53 PM 1:04 PM 1:17 PM 0:13 12:45 PM 12:58 PM 1:08 PM 1:08 PM 1:19 PM 1:32 PM 0:13 1:00 PM 1:13 PM 1:24 PM 1:24 PM 1:35 PM 1:49 PM 0:11 1:15 PM 1:28 PM 1:39 PM 1:39 PM 1:50 PM 2:04 PM 0:11 1:30 PM 1:43 PM 1:54 PM 1:54 PM 2:05 PM 2:19 PM 0:11 1:45 PM 1:58 PM 2:09 PM 2:09 PM 2:20 PM 2:34 PM 0:11 2:00 PM 2:13 PM 2:24 PM 2:24 PM 2:35 PM 2:50 PM 0:10 2:15 PM 2:28 PM 2:39 PM 2:39 PM 2:50 PM 3:05 PM 0:10 2:30 PM 2:43 PM 2:54 PM 2:54 PM 3:05 PM 3:20 PM 0:10 2:45 PM 2:58 PM 3:09 PM 3:09 PM 3:20 PM 3:35 PM 0:10 3:00 PM 3:13 PM 3:24 PM 3:24 PM 3:35 PM 3:50 PM 0:10 3:15 PM 3:28 PM 3:39 PM 3:39 PM 3:50 PM 4:05 PM 0:10 3:30 PM 3:43 PM 3:54 PM 3:54 PM 4:05 PM 4:20 PM 0:10 3:45 PM 3:58 PM 4:09 PM 4:09 PM 4:20 PM 4:35 PM 0:10 4:00 PM 4:13 PM 4:24 PM 4:24 PM 4:35 PM 4:50 PM 0:10 4:15 PM 4:28 PM 4:39 PM 4:39 PM 4:50 PM 5:05 PM 0:10 4:30 PM 4:43 PM 4:54 PM 4:54 PM 5:05 PM 5:20 PM 0:10 4:45 PM 4:58 PM 5:09 PM 5:09 PM 5:20 PM 5:35 PM 0:10 5:00 PM 5:13 PM 5:24 PM 5:24 PM 5:35 PM 5:50 PM 0:10 5:15 PM 5:28 PM 5:39 PM 5:39 PM 5:50 PM 6:05 PM 0:10 5:30 PM 5:43 PM 5:54 PM 5:54 PM 6:05 PM 6:20 PM 0:10 5:45 PM 5:58 PM 6:09 PM 6:09 PM 6:20 PM 6:35 PM 0:10 6:00 PM 6:13 PM 6:24 PM 6:24 PM 6:35 PM 6:50 PM 6:15 PM 6:28 PM 6:39 PM 6:39 PM 6:50 PM 7:05 PM 6:30 PM 6:43 PM 6:54 PM 6:54 PM 7:05 PM 7:20 PM 6:45 PM 6:58 PM 7:09 PM 7:09 PM 7:20 PM 7:35 PM Dan Boyle & Associates, Inc. Page 20 33 Balboa Peninsula Shuttle/Trolley Feasibility Study APPENDIX B EXISTING OCTA STOPS ON ROUTE 71 AND ROUTE 1 Line 71 stops south of Newport & 17th Street Southbound Northbound Hospital & Placentia WB Oceanfront - Palm Hospital & Superior WB Balboa & Palm Superior & Ticonderoga* Balboa & Coronado Coast & Balboa EB Coast & Balboa Coves EB Newport & Short Newport & 31st Newport & 28th Newport & 23rd Balboa & 19th Balboa & 17th Balboa & 15th Balboa & 13th Balboa & 11th Balboa & 8th Balboa & Island Balboa & Coronado Balboa & Adams Oceanfront — Palm Balboa & Island Balboa & 8th Balboa & 12th Balboa & 16th Balboa & 20th Balboa & 23rd Balboa & 28th * 32nd & Lake EB* Newport & Finley Coast & Hoag Hospital WB Superior & Ticonderoga Hospital & Superior EB Hospital & Hoag EB NOTE: Stops with an asterisk are not on any proposed trolley route. Line 1 stops along Coast Highway on potentia/ routes East/Southbound West/Northbound Coast & Balboa Coast & Riverside Coast & Balboa Coves Coast & Hoag Hospital Coast & Tustin Dan Boyle & Associates, Inc. Final Report Page 21 34 Attachment 2 City Council Resolution 35 RESOLUTION NO. 2016-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AUTHORIZING THE SUBMITTAL OF BALBOA PENINSULA SHUTTLE PROGRAM TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER PROJECT V COMMUNITY BASED TRANSIT/CIRCULATORS WHEREAS, the City of Newport Beach desires to implement a shuttle program to offer alternative modes of transportation on Balboa Peninsula for its residents and visitors during the busy summer weekends; WHEREAS, the City of Newport Beach has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "fair share" funds; WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and WHEREAS, the City of Newport Beach will provide matching funds for the Balboa Peninsula Shuttle Program, as required by the Orange County Project V Community Based Transit/Circulators and Program Guidelines, NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City shall submit a grant application in accordance with the Orange County Project V Community Based Transit/Circulators and Program Guidelines requesting the Orange County Transportation Authority allocate funds in the amount specified in the application to the City of Newport Beach. Said funds shall be matched by funds from the City as required and shall be used as supplemental funding to aid the City in implementing the Balboa Peninsula Shuttle Program. Section 3: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 36 Resolution No. 2016-15 Page 2 of 2 Section 4: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 261" day of January, 2016. ATTEST: 44Z; hmtl� Leilani I. Brown City Clerk Diane B. Dixon Mayor 37 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-15 was duly and regularly Introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26h day of January, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peolter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27" day of January, 2016. 16o" - City Clerk Newport Beach, California (Seal) 38 Attachment 3 Hoag Hospital Lease Agreement 39 PARKING LICENSE THIS PARKING LICENSE ("License") is made and entered into on 20_ by and between Hoag Memorial Hospital Presbyterian, a California not profit public benefit corporation and ("Licensor"), and ( "Licensee"), who agree as follows: 1. LICENSE OF PARKING SPACES. Licensor hereby Licenses to Licensee, and Licensee Licenses from Licensor, not to exceed _ unreserved and unassigned parking spaces in the Sunset Parking Lot as generally shown on the Site Plan attached hereto as Exhibit "A". Licensee shall not be permitted to park in any other area on the Property without the prior, express written consent of Licensor. The shuttle busses of Licensee shall only follow the route depicted in Exhibit "A" attached hereto. 2. TERM. The term of the License shall be for a period of and shall commence on and shall terminate on unless Licensee shall hold over under the terms contained herein ("Term"). 3. BASE RENT. Licensee shall pay Licensor as rent the amount ($_) per week ("Rent") for the Tenn. All rent due hereunder shall be due and payable to Licensor on the first day of each calendar month. All other items of Rent shall be due and payable by Licensee on or before 20 days after Licensor delivers to Licensee a statement or invoice therefor. Base Rent shall be fully abated provided that Licensee fully, faithfully, and punctually performs all of Licensee's obligations hereunder including, without limitation, the payment of monetary obligations (other than the abated rent) and the performance of all non -monetary obligations. Licensor shall be entitled to record the amount of abated rent as a contribution to Licensor's community benefit program. If Licensee defaults under this agreement and does not cure such default under any applicable grace period, the rent abatement provided herein shall terminate. 4. HOLDING OVER. If Licensee holds over after the expiration of the Licensee Term hereof, with or without the express or implied consent of Licensor, such tenancy shall be from day-to-day only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to $500.00 per calendar day. 5. USE. Licensee shall use the Parking Areas for parking purposes only for its customers and employees, in accordance with the rules and regulations established by Licensor or its agent from time to time. 6. TAXES. Licensor shall pay, before delinquency, all real estate taxes and assessments levied or assessed against the Parking Areas after the Commencement Date. However, Licensee shall pay any and all governmental fees, taxes, or assessments levied or charged with respect to the use of the parking spaces, which are the subject matter hereof. 7. UTILITY SERVICES. Licensor shall provide the gas, light, power, and telephone services necessary for the efficient operation of the Parking Areas. 8. ALTERATIONS AND ADDITIONS. Licensee shall not make any alterations, improvements or additions in or about the Parking Areas. 9. NO BAILMENT. THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO BAILMENT SHALL BE CREATED BY THIS LICENSE AND LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THE PERSONAL PROPERTY OF LICENSEE, ITS EMPLOYEES, LICENSEES, OR INVITEES, OR ANY ARTICLE LEFT THEREIN, WHETHER OR NOT THE CAUSE OF SAME IS DUE TO THE NEGLIGENCE OF LICENSOR, ITS AGENTS OR EMPLOYEES. 10. INDEMNITY. Licensee aggress to indemnify, defend, and hold Licensor and Hoag Memorial Hospital Presbyterian, and each of its subsidiaries, Boards of Directors, Officers, Employees, and Agents and managers ("Indemnities" and "Indemnified Parties"), harmless from any claim, cause of action, damage, liability or costs, including reasonable attorney's fees and costs of defense, arising from or related to this License or Licensee's use of the Parking Areas and/or property. 11. INSURANCE. During the term of this agreement, Licensee shall secure and maintain at all times during the term of this agreement, at Licensee's sole expense, the insurance coverage required herein, with insurance companies rated A by the A.M. Best Company, Occurrence coverage is preferred but if claims made coverage is provided, it shall be maintained for a minimum of three (3) years after the date of termination of this agreement. Insurance required under this Agreement shall be: Commercial General Liability (bodily injury, property damage, personal injury, and vehicle liability) insurance, with a single limit of not less than $1,000,000 per Occurrence, or current limit carried, whichever is greater, and $2,000,000 in the Aggregate, or current limits carried, whichever is greater. Coverage shall include, without limitation, coverage for bodily injury, including death; contractual liability specifically covering the indemnity obligations stated herein and elsewhere in the Agreement, and personal injury including coverage for suits brought by employees of Licensee. Automobile Liability insurance to cover, without limitation, claims based on automobile liability (bodily injury and property damage) including coverage for all owned, hired and non -owned automobiles with minimum limits of Two Million Dollars ($2,000,000) Combined Single Limit. General Liability and Automobile Liability Insurance shall include the following provisions, coverage, and endorsements: The Indemnified Parties, Hoag Memorial Hospital Presbyterian shall be included as additional insured's ("Additional Insured's"). Licensee and Licensee's insurance companies waive their rights to subrogation against the above Additional Insured's. The insurance carried by the Licensee shall include contractual liability endorsements insuring the indemnity clause of this Agreement. Licensee's insurance shall be primary coverage, and any insurance or self-insurance carried by Indemnified Parties and Additional Insured's shall be excess and noncontributory. Thirty (30) days prior written notice of cancellation or material change in the insurance must be given to Licensee. Licensee shall provide the Licensor with a certificate of insurance and endorsements evidencing the required coverage. Failure to secure and/or maintain insurance coverage under this Agreement shall be considered a material breach of this Agreement. Nothing contained in this subsection shall be read to limit Licensee's indemnity responsibility under this Agreement. The failure to secure and maintain or add by endorsement any Indemnified Party shall not act as a defense to the enforcement of the terms of the Agreement. Any such insurance policy shall apply separately to each insured against whom claim is made or suit is brought and shall contain no provision, which excludes coverage of a claim made, by one insured under the policy against another insured under the policy. 12. ASSIGNMENT/SUBLETTING. Licensees may only assign, sublet, mortgage, or otherwise transfer or encumber its interest in this License or the parking spaces Licensed hereunder with the prior written consent of Licensor. 13. DEFAULT. It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid, or if a receiver be appointed to take possession of substantially all of Licensee's assets or of Licensee's interest in this License, or if Licensee shall make a general assignment or arrangement for the benefit of creditors, or if Licensee shall take any action under the insolvency or Bankruptcy act, or if Licensee shall default and breach any other covenant or provision of this License, then the Licensor, after giving the proper notice required by law, may remove any property and any and all persons from the Parking Areas in the manner allowed by law. The Licensor may, at his option, either terminate this License or maintain this License in full force and effect and recover the rent and other charges as they become due, in which case Licensor shall have all of the rights and remedies provided in California Civil Code Section 1751.4. In addition, the Licensor may recover all rentals and any other damages and pursue any other rights and remedies which the Licensor may have against the Licensee by reason of such default as provided by law. 14. NOTICES. Whenever under the License provision is made for notice or demand, it shall be in writing and signed by or on behalf of the party giving the notice or making the demand; it shall be served either personally or by registered or certified mail; if served personally, service shall be conclusively deemed made upon delivery; if served by registered or certified mail, service shall be conclusively deemed made seventy-two (72) hours after the deposit thereof in the United States mail, postage prepaid, with return -receipt requested. Any notice or demand to either party shall be given at the addresses appearing below: Licensor: Licensee: Hoag Memorial Hospital Presbyterian 510 Superior Avenue, Suite 290 Newport Beach, CA 92663 Attn: Director, Real Estate Attn: Either party may change its address for purposes of this paragraph by notifying the other party of such change by the methods herein provided. 15. ATTORNEYS' FEES. If either party hereto shall engage counsel to enforce or interpret this License or shall file any action against the other party arising out of this License, or for a declaration of any rights hereunder, the prevailing party therein shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in connection therewith. 16. TRASH PICK-UP. Licensor will be responsible to arrange for the clean-up of any trash left in the Sunset Lot attributable to Licensee's use and will submit an invoice to Licensee for the service. Licensee will reimburse Licensor for the cost of the service within 20 days of receipt of the invoice. 17. MISCELLANEOUS. a) Waiver of Default. The waiver of either party of any default in the performance by the other party of any covenant contained herein shall not be construed to be a waiver of any preceding or subsequent default of the same or any other covenant contained herein. b) Successors. Subject to any restrictions or assignment set forth herein, each and every covenant and condition of this License shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. c) Interpretation. The captions for each of the paragraphs of this License are inserted for convenience only and shall have no effect upon the interpretation of this License. If either party consists of more than one person, each person shall be jointly and severally liable hereunder. No provisions of this License shall be interpreted for or against either party because that party or that party's legal representative drafted such provision. L1 d) Request for Consent of Approval. Whenever under the terms of this License either Licensor's or Licensee's consent or approval is required as a condition to action by the other party, the request for such consent or approval shall be in writing. e) No Benefit to Third Parties. The parties acknowledge and agree that the provisions of this License are for the sole benefit of Licensor and Licensee and not for the benefit, directly, or indirectly, of any other person entity, except as otherwise expressly provided herein, I) No Brokers. Licensor and Licensee each represents and covenants to the other that there are no brokerage commissions or finder's fees payable with respect to the transactions contemplated by this License. Each party agrees to indemnify, defend, and hold the other party harmless from and against all demands, claims, losses, liabilities, actions, causes of action or costs and expenses, including, without limitation, attorney's fees, of any kind arising out of a contention by any person or entity that any real estate commission or finder's fee is payable because of the acts of such indemnifying party. If such claim for a real estate commission or finder's fee is claimed by reason of the actions of both parties, the party whose actions first gave rise to such claims shall be responsible therefore. g) Entire Instrument. This License contains the parties entire agreement with respect to subject matter hereof and the parties agree and acknowledge that any and all agreements and discussions heretofore or contemporaneously made by the parties with respect to the subject matter hereof are set forth in this License. This License cannot be modified in any respect, except by a writing executed by both of the parties hereto. h) Use of Language. Words of any gender used in this License shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context requires otherwise. i) Severability. In the event that any provision of this License is found to be invalid, unenforceable, or illegal, it shall be deemed deleted from the License, and the balance of the provisions of this License shall be valid and enforceable as to the parties as if the deleted portion were never a party hereof. 6K LICENSOR: Hoag Memorial Hospital Presbyterian LICENSEE: By: Name: Sanford Smith Title: Sr. Vice President By: Name: Title: By: Name: Title: Karen Torres Director, Real Estate Exhibit "A" Location and Shuttle Route Attachment 4 Operations Plan 40 ATTACH M ENT 5 BALBOA PENINSULA SHUTTLE PROGRAM OPERATIONS PLAN Figure 1 shows the proposed route for the Balboa Peninsula Shuttle. The Hoag Hospital Lower Lot of is shown in white. There would be no charge to park at the Hoag Lot. From this location, the shuttle will travel east on Pacific Coast Highway, south on Newport Boulevard into Balboa Boulevard and east to the Balboa Pier, sharing the layover space currently used by OCTA Line 71 or adjacent spaces available during summer weekends. The draft time table for the shuttle is shown on Table 1 (shown at the end of this Plan). Service before 10 a.m. is for passengers utilizing Catalina Flyer and will travel non-stop between the Lower Lot and Balboa Pier. Service will be provided In 15 minute headways. Running times are based on fieldwork conducted in the summer of 2015. Adequate layover time is provided to allow for traffic congestion on Balboa Boulevard. The vehicle fleet requires four vehicles; each is shown in a different color in Table 1. A fifth vehicle would be maintained in reserve during peak periods to ensure acceptable headways are maintained. The Balboa Village Advisory Committee expressed a strong preference for an open-air shuttle vehicle. The preference is for open-air trolley design which will include bike racks, options for beach gear and baggage (for Catalina Flyer passengers), technology for locating vehicles and/or use of smart phone app. The City may opt for "wrapped" shuttle design in first year, if needed. The selected operator shall present a method for measuring ridership, include ridership satisfaction and on-time performance. Ridership data shall be presented to the City monthly, so that the City can submit quarterly reports to the OCTA. Total daily revenue hours are 43.3. Stop locations are listed in Table 2. Three new stops are required; if the shuttle is rerouted northbound along Balboa Boulevard between 23rd and 32nd Streets (following the routing of OCTA Line 71), then only one new stop would be needed at the Hoag Hospital Lower Lot. Table 2 Pronosed Stons Southbound Stops Northbound Stops Hoag Lower Lot Oceanfront — Palm Hospital & Hoag EB Balboa & Coronado Newport & Short Balboa & 81h Newport & 281h Balboa & 12d Newport & 23rd Balboa & 161" Balboa & 191" Balboa & 20m Balboa & 15'h Newport & 2e Balboa & 111h Newport & 28" Balboa & 8" Newport & Finley Balboa & Coronado Hospital & Hoag WB Oceanfront — Palm I Hoag Lower Lot • Notes: Stops in italics are new stops. 41 ATTACHMENT 5 Average speeds were calculated at various times of the day to develop the schedule, as shown in Table 3. Average speed varies from 8.9 to 15 miles per hour. Either of the vehicle types under consideration can operate safely at these speeds. Table 3 Average Speeds by Hour Hour Average Speed 7 a.m. 15.0 8 a.m. 15.0 9 a.m. No service 10 a.m. 13.0 11 a.m. 13.0/10.5 12 p.m. 9.5 1 P.M. 9.1 2 p.m. 8.9 3 p.m. 8.9 4 p.m. 8.9 5 P.M. 8.9 8 P.M. 8.9 7 p.m. 9.7 8 p.m. 9.7 9 P.M. 9.7 42 Table 1 Draft Time Table Schedule from Lower Lot Leave Balboa Arrive Leave Balboa Lower lot & 15th Balboa Pier Balboa Pier & 16th 7:30 AM 7:42 AM 7:42 AM 7:45 AM 7:57 AM 7:57 AM 8:00 AM 6:12 AM 8:12 AM 8:15 AM 8:27 AM 8.27 AM 8:30 AM 8:45 AM 10:00 AM 10:06 AM 10:15 AM 10:21 AM 10:30 AM 10:36 AM 10:45 AM 10:51 AM 11:00 AM 11:06 AM 11:15 AM 11:21 AM 11:30 AM 11:38 AM 11:45 AM 11:53 AM 12:00 PM 12:09 PM 12:15 PM 12:24 PM 12:30 PM 12:39 PM 12:45 PM 12:54 PM 1:00 PM 1:09 PM 1:15 PM 1:24 PM 1:30 PM 1:39 PM 1:45 PM 1:54 PM 2:00 PM 2:09 PM 2:15 PM 2:24 PM 2:30 PM 2:39 PM 2:45 PM 2:54 PM 3:00 PM 3:09 PM 3:15 PM 3:24 PM 3:30 PM 3:39 PM 3:45 PM 3:54 PM 4:00 PM 4:09 PM 4:15 PM 4:24 PM 4:30 PM 4:39 PM 4:45 PM 4:54 PM 5:00 PM 5:09 PM 5:15 PM 5:24 PM 5:30 PM 5:39 PM 5:45 PM 5:54 PM 6:00 PM 6:09 PM 6:15 PM 6:24 PM 6:30 PM 6:39 PM 6:45 PM 6:54 PM 7:00 PM 7:09 PM 7:15 PM 7:24 PM 7:30 PM 7:39 PM 7:45 PM 7:54 PM 8:00 PM 8:06 PM 8:15 PM 8:21 PM 8:30 PM 8:36 PM 8:45 PM 8:51 PM 8:42 AM 8:42 AM 8:57 AM 8:57 AM 10:14 AM 10:14 AM 10:29 AM 10:29 AM 10:44 AM 10:44 AM 10:59 AM 10:59 AM 11:14 AM 11:14 AM 11:29 AM 11:29 AM 11:47 AM 11:47 AM 12:02 PM 12:02 PM 12:19 PM 12:19 PM 12:34 PM 12:34 PM 12:49 PM 12:49 PM 1:04 PM 1:04 PM 1:20 PM 1:20 PM 1:35 PM 1:35 PM 1:50 PM 1:50 PM 2:05 PM 2:05 PM 2:20 PM 2:20 PM 2:35 PM 2:35 PM 2:50 PM 2:50 PM 3:05 PM 3:05 PM 3:20 PM 3:20 PM 3:35 PM 3:35 PM 3:50 PM 3:50 PM 4:05 PM 4:05 PM 4:20 PM 4:20 PM 4:35 PM 4:35 PM 4:50 PM 4:50 PM 5:05 PM 5:05 PM 5:20 PM 5:20 PM 5:35 PM 5:35 PM 5:50 PM 5:50 PM 6:05 PM 6:05 PM 6:20 PM 6:20 PM 6:35 PM 6:35 PM 6:50 PM 6:50 PM 7:05 PM 7:05 PM 7:20 PM 7:20 PM 7:35 PM 7:35 PM 7:50 PM 7:50 PM 8:05 PM 8:05 PM 8:17 PM 8:17 PM 8:32 PM 8:32 PM 8:47 PM 8:47 PM 9:02 PM 9:02 PM 10:22 AM 10:37 AM 10:52 AM 11:07 AM 11:22 AM 11:37 AM 11:55 AM 12:12 PM 12:29 PM 12:45 PM 1:00 PM 1:15 PM 1:31 PM 1:46 PM 2:01 PM 2:16 PM 2:31 PM 2:46 PM 3:01 PM 3:16 PM 3:31 PM 3:46 PM 4:01 PM 4:16 PM 4:31 PM 4:46 PM 5:01 PM 5:16 PM 5:31 PM 5:46 PM 6:01 PM 6:16 PM 6:31 PM 6:46 PM 7:01 PM 7:16 PM 7:31 PM 7:46 PM 8:01 PM 8:16 PM 8:28 PM 8:43 PM 8:58 PM 9:13 PM ATTACHMENT 5 Arrive Lower lot Layover 7:57 AM 0:03 8:12 AM 0:03 8:27 AM 0:03 8:42 AM 0:03 8:57 AM 9:12 AM 10:31 AM 0:14 10:46 AM 0:14 11:01 AM 0:14 11:16 AM 0:14 11:31 AM 0:14 11:46 AM 0:14 12:08 PM 0:07 12:23 PM 0:07 12:42 PM 0:18 12:57 PM 0:18 1:12 PM 0:18 1:27 PM 0:18 1:44 PM 0:16 1:59 PM 0:16 2:14 PM 0:16 2:29 PM 0:16 2:45 PM 0:15 3:00 PM 0:15 3:15 PM 0:15 3:30 PM 0:15 3:45 PM 0:15 4:00 PM 0:15 4:15 PM 0:15 4:30 PM 0:15 4:45 PM 0:15 5:00 PM 0:15 5:15 PM 0:15 5:30 PM 0:15 5:45 PM 0:15 6:00 PM 0:15 6:15 PM 0:15 6:30 PM 0:15 6:45 PM 0:15 7:00 PM 0:15 7:15 PM 0:15 7:30 PM 0:15 7:45 PM 0:15 8:00 PM 0:15 8:15 PM 0:15 8:30 PM 8:38 PM 0:07 8:53 PM 9:08 PM 9:23 PM 43 At, co Attachment 5 Analysis of Project V Scoring 45 ATTACHMENT 5 APPLICATION SCORING CRITERIA FINANCIAL COMMITMENTS/PARTNERSHIPS (7 of 15 points) Match Funding Capital (2 of 10 points) The City of Newport Beach will match 12 percent of capital costs. Capital costs are estimated at $113,742 in the first year, and the City will match $13,649. In each subsequent years, capital costs are estimated at $62,742 and the City will match $7,529. Over a seven-year period, the City will match $58,823 of the estimated $490,192 capital costs. Level of Commitment from Non -applicant (S of 5 points) Hoag Hospital has agreed to make its Lower Lot available for parking and a trolley stop at a below- market rate. The draft agreement between the City and Hoag Hospital is attached to the application. If the City is successful in obtaining the grant funds, the agreement will be finalized. COST EFFECTIVENESS (16 of 20 points) Operating Cost per Boarding, Opening Year (10 of 10 points) Operating cost per boarding in the opening year is $5.80. Annualized Operating and Capital Cost per Passenger (6 of 10 points) Annualized operating and capital cost per passenger is $12.03. PROJECT READINESS (20 of 20 points) Estimated Opening Year (10 of 10 points) The Balboa Peninsula shuttle will be ready to begin service in June 2017. Phase Readiness (16 of 16 points) All planning and environmental work has been completed. No acquisition of right of is required. The primary maintenance facility will be provided by the operator, with a back-up facility available at the City's yard which is located at 592 Superior Avenue, which is 1.5 miles from the Hoag Lower Parking Lot. COMMUNITY CONNECTIONS (8 of 10 points) Senior Centers (0 of 2 points) Oasis, the largest senior center in Newport Beach, Is not accessible via the proposed trolley shuttle. Schools (0 of 2 points) Schools will not be in session during the time that the shuttle operates. Retail Centers (2 of 2 points) 46 ATTACHMENT 5 The proposed route will link several commercial villages along the peninsula, including Lido Marina Village, McFadden Square and Balboa Village. Major Employment Centers (2 of 2 points) Businesses on the Balboa peninsula employ many workers in the summer season. Hoag Hospital is the largest employment center in the city. Medical Centers (2 of 2 points) Hoag Hospital will be directly served via the proposed route. in addition, the route will connect to Route 47 which provides access to additional medical centers north of Hoag Hospital. State Parks (0 of 2 points) There are no state parks along the route. Train Stations/Recreational Areas (2 of 2 points) The peninsula is boarded by Newport Harbor and the Pacific Ocean, both offering major recreational areas including beaches, Marina Park Community and a public marina. FIXED -ROUTE BUS/RAIL CONNECTIONS (4 of 8 points) Number of Fixed -Route Bus/Rail Connections within''/, mile Three OCTA routes (Routes 1, 47, and 71) are within Y4 mile of the proposed route. TRANIST USAGE (10 of 10 points) Projected Average Daily Boardings (first year) 437 average daily boardings are expected during the first year of operation. LOCAL/REGIONAL BENEFITS (15 of 15 points) Employment Densities (4 of 4 points) The proposed route begins at Hoag Hospital, the largest employment center in the city. In addition, several medical -related facilities are within X mile of the route. Based on the Orange County Projections 2014 developed by the Orange County Council of Governments, employment within''/. mile of the route totals 12,900 jobs. The area within Y4 mile of the route totals 1.06 square miles. Therefore, the employment density per square mile is 12,170 jobs. Population Densities (4 of 4 points) The proposed route will serve the Balboa Peninsula which in comprised of a series of districts linked by a commercial and residential corridor. The historic residential development pattern reflects a densely 47 ATTACHMENT 5 populated area totaling 11,285 people (Source: Census 2010). Therefore, the population density per square mile is 10,645. Annual Visitors Served (4 of 4 points) The City has an estimated permanent population of 86,738 but during the summer months, the population grows to more than 100,000 with 20,000 to 100,000 tourists dally. The projected annual visitors to be served during the summer weekend months, would far exceed 500,000 visitors, Innovative Service Delivery Model (1 of 1 point) A vehicle which contributes to the experience of visitors to the Balboa Peninsula will support the success of the program. Visitors, as well as residents will be more likely utilize the shuttle if it offers a fun experience Image. The design of the shuttle has been envisioned with this knowledge. The intent is to offer an open-air shuttle (or trolley) for the opening year to take advantage of the summertime weather and increase visibility of the program. If the city is not successful in retaining a contractor to operate an open-air shuttle for the opening year, then a vehicle may be wrapped with a design reflective of Newport Beach's unique culture will be created. Recognizing some visitors will utilize the shuttle to access the beach, an area designated on the shuttle to store beach equipment will also be needed, Creative Solutions to Community Needs (1 of 1 point) The increased visitor population during the summer months increases congestion and decreases available parking. The strategy to locate a parking facility off the peninsula, at a central location, eliminates the need for visitors to travel onto the peninsula by vehicle. Instead they utilize the shuttle which removes vehicles from the roads and parking areas on the peninsula. Combining Local and Regional Resources (1 of 1 point) If OCTA goes ahead with plans to discontinue Route 71 on the peninsula, the proposed new service would provide mobility along the peninsula during summer weekends and connect with OCTA Route 1. AGENCY EXPERIENCE (0 of 2 points) Currently Operated Community Based Services — Shuttles and Trolleys (0 of 1 point) The City has no experience with operation of shuttles and trolleys. However, the City does not plan to operate these services directly. The City will engage a private contractor with experience in the operation of similar services. Currently Operated Community Based Services — Vans or Community Circulators (1 of 1 point) The City operates a transportation service for seniors for accessing medical appointments, shopping, essential errands, and the Senior Center. 48 Attachment 6 Letter of Support 49 �,,--..,,'�w��ort G`B'EACH & COMPANY January 6, 2016 Brenda Wisneski, AICP Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Brenda: We are thrilled to hear that the City of Newport Beach is continuing to pursue a shuttle/trolley service on the Balboa peninsula during summer weekends. As you know, Newport Beach and Company is the official marketing agency for the city and we interact with many of the 7 million visitors who come to our city annually. Accessibility to the peninsula and its many attractions has always been challenging given traffic concerns and limited parking. We believe the shuttle/trolley service will be of great value and our agency would be an eager and engaged partner in marketing this new service to visitors. These efforts would include featuring the service through our visitor service desk at Fashion island, on our website, email newsletters to 30,000 subscribers, visitor guide and through our extensive public relations efforts. Additionally, we will prepare a video spot on the service that will be featured on Newport Beach TV, the city's official broadcast service. We look forward to seeing this service in place and moving ahead with marketing programs to maximize ridership. With regards, (j f( Gary C. Sherwin President/CEO la T..", '17, C:nf-t'Drr....5uii 120, .%vl -n I(' i:. C. 92667 F -'.^(U '''.CO. i.` lit._ugz ,_ -1'011 M Exhibit B City of Newport Beach Project V Estimated Funding Schedule o m_ co x N W N r N N 1� m r n V r U O ID f` n N O N t9 N r f9 N E A en to tR t9 a p a � rn a a > m rn ro @ M M 7 Cd N U O }LL N } LL 3 d m N N .G N N trJ V Oct rn }LL L N M V W LL O m .- y } LL Y Lu m M v w N ��6N9 } V LL d M a N V N C6 N U d fR E£i � LL. m O n N O M 7 W 00 0 0 o y @ N U v O N U O U U@ N O U c o o y@ 0 N N 0 o a c n a 000 0 0 0 a U to @ @ O Q o O .- UUF- OI - F` -H EXHIBIT B SCOPE OF SERVICES Contractor shall provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program. Contractor shall provide Contractor -owned vehicles and strictly adhere to the following the guidelines: 1. Minimum Boarding Required Contractor shall attain all Orange County Transportation Authority (OCTA) Grant Requirements including minimum boarding requirements of 10 persons per hour per shuttle or trolley ("Vehicle") on average each year. Contractor shall work with City to adjust proposed routes, numbers and sizes of Vehicles and times of operation carefully to attain this. Loss of grant funds will result in termination of the contract. Event shuttles may vary in number during events to help meet this overall requirement because, typically event goers arrive over longer periods may not use shuttles during events, and then all leave at approximately the same time. 2. Routes & Times for Fixed Routes for Project Initial route maps and times are shown in Exhibit E. These are subject to significant adjustment as usage is evaluated by City. 3. Variance in Vehicle Hours City may vary annual revenue hours based upon usage and other factors. If the number of hours varies by more than 25% downward, Contractor may renegotiate the hourly rate with City for that year. 4. Vehicle Sizes Vehicles shall be capable of carrying a minimum of twenty four (24) passengers unless prior written approval of City is received. Vehicles shall be able to accommodate the following: • Twenty (20) passengers seated; • Eight (8) passengers standing; Two (2) wheelchairs (each wheelchair takes up two (2) spaces). 5. Bicycle Racks Vehicles shall be capable of carrying a minimum of two (2) bicycles. 6. Vehicle Fuel Vehicles shall meet all state, federal & OCTA requirements including but not limited to Air Quality Management District (AQMD) 1992 requirements. Compressed Natural Gas (CNG) Vehicles are acceptable. Professional Parking Page B-1 7. Vehicle Storage Option Contractor shall be responsible for Vehicle storage at its own cost 8. Vehicle Tvpe (Trollev vs. Shuttle) Contractor shall work with City to evaluate the type of Vehicles as provided for in Contractor's proposal regarding trolley or shuttle and appearance of same. City desires trolley appearance signifying Newport Beach. Contractor shall provide annual trolley "wrap" of shuttles to look like trolley, the cost of shall be included in the hourly rate, as depicted in Exhibit D. Vehicles shall appear new and well maintained to City's sole satisfaction. 9. Marketing City shall prepare and pay for all marketing materials to attract customers. Contractor shall work with City to develop and implement marketing plan. 10. Scheduling City shall determine all scheduling. During the Original Term, Contractor shall meet 12- 15 minute headway schedule and avoid publishing scheduled times. However, City may change this schedule depending upon public feedback, usage and costs. 11. Fares City initially intends to provide Project at no cost to customers. However, as demand increases sufficiently or OCTA demands, fare collection may be required in later years. Contractor shall work with City to accomplish this if necessary. Contractor may be required to issue tickets or provide handouts to riders. 12. Vehicle Backup A backup Vehicle shall be available within thirty (30) minutes to replace a Vehicle out of service. Vehicles assigned to City shall be solely used for City service. 13. Hours of Service (Revenue Hours) Hours of service for compensation are only those hours when Vehicles are in public service transporting customers. 14. Vehicle Revenue Hour Estimates The estimated Vehicle Revenue Hours are shown in Exhibit D. 15. Emergency Service In the event of an emergency or natural disaster, Contractor shall make available, to the maximum extent possible, transportation and communications services and facilities to assist City in ameliorating such incidents. To the extent City requires Contractor to Professional Parking Page B-2 provide such emergency services and facilities; Contractor shall be relieved of the obligation to fulfill the duties and responsibilities to operate the Services outlined in Attachment B. Further, Contractor shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon in writing by Contractor and City following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. 16. Reserved 17. Scheduled Lavover The schedules shall include at least one ten (10) -minute break within each four (4) -hour block of operating time. Contractor shall be responsible for providing all breaks and,meal periods to its employees as required by federal, state, and local laws. 18. Schedule Changes Changes to all of the schedules shall be made up to four (4) times annually. Individual lines may be changed at the discretion of City. City shall provide the new schedules to contractor at least one (1) week prior to the effective date. 19. Law Enforcement Contractor shall be responsible for timely and efficient communication with local law enforcement agencies regarding crimes committed in the scope of providing services in the Agreement. Contractor shall be responsible for the first line of response for any non - safety and policy violations committed onboard Vehicles. 20. Street Furnishings City may purchase, install or replace street furnishings required for Fixed -route services operations. Such furnishings may include bus stop signs and posts, benches, shelters, bike racks, and litter containers. Contractor shall not be responsible for cleaning, maintaining, or repairing the street furnishings. 21. Reserved 22. Vehicle Operator Requirement a. Proper Licenses — All Vehicle operators must have a current, valid Class B license with Passenger Endorsement. City will not be responsible for payment of any traffic ticket fines incurred by any Contractor's employees. Contractor shall be responsible for the total cost of repairing physical damage to buses that occurs under Contractor's control, whether or not Contractor's employees were at fault. b. Contractor ID Cards — Contractor shall produce ID cards for each of their employees which contain the following: Professional Parking Page B-3 • Employee Name • Employee Photo • Employee Position • Employee Number (format to be determined by City) • Contractor Name All Contractor employees must wear the badge at all times while providing Services under this Agreement. 23. Background Check Contractor shall use appropriate employee screening and selection criteria to assure the employment of the best qualified applicants' available, emphasizing competence, courtesy, reliability and good customer services skills. These criteria shall include but not be limited to checking an applicant's driver's license records through the California Department of Motor Vehicles, pre-employment physical examinations, and drug/alcohol screening tests. Contractor shall make all reasonable efforts to ensure that employees having contact with the public in the course of their duties are of good moral character. Any such employee who is convicted of a felony or of a crime involving moral turpitude during the time of his/her employment shall not be permitted to continue to hold a position of employment involving contact with the general public. Contractor shall conduct a "Live Scan" Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) check to determine criminal background of employees. The background checks must be completed every two (2) years by the Contractor. 24. Vehicle Operator Responsibilities In addition to the safe operation of the Vehicle, Operators must also perform the following duties: • Operate wheelchair lift and secure wheelchair passengers • Clearly call out bus stops (which are time points, at major cross streets or OCTA transfer points) upon approach • Data collection as necessary • When requested, provide passenger assistance during boarding to alighting • Distribute tickets/brochures as requested by City. 25. Timepiece Each Operator shall have, at all times during operation of any bus, an accurate time piece with active second hand (or digital equivalent), set each day to conform to the Coordinated Universal Time. Professional Parking Page B-4 26. Distribution of Materials Operators will, when requested by City, hand out notices to passengers or otherwise, render assistance in customer relations, promotion, marketing, monitoring and supervisory functions. 27. Passenqer Counting Operators will record ridership counts by passenger and boarding location in accordance with procedures approved by City. 28. Pre -Trip Inspection Operators must conduct a pre -trip inspection prior to taking a Vehicle into Revenue Service. The inspection must meet the federal and state requirements for commercial Vehicles inspections. 29. Operator Uniforms Operators shall be in uniform at all times while in service or otherwise on duty. Contractor shall provide Operator uniforms to its employees. Contractor shall provide to each Operator the following identical uniform items unless otherwise arranged with the City: • Dark Blue or Black Pants • Dark Blue or Black Shorts • Short -Sleeve Light -Blue Polo Shirt with System Logo on left breast and Operator ID and Contractor logo on right sleeve • Long -Sleeve Light -Blue Polo Shirt with System Logo on left breast and Operator ID and Contractor logo on right sleeve • Dark Blue Jacket with System Log on left breast and Operator ID and Contractor logo on right sleeve • Dark Blue Baseball -style hat with System Logo Contractor shall be responsible to ensure that said Operators wear these uniforms, making sure that shirts are tucked in at all times and that Operators maintain a neat and clean appearance while on duty. 30. Operator Traininn Contractor shall provide operator training and retraining that shall meet general accepted transit industry standards and in compliance with California Code of Regulations 13 (13 CCR) as it relates to transit bus Vehicle laws and regulations. An outline of the training program, including periodic updates, shall be on file in the office of the City's Administrator. All Operators, dispatchers, customer information personnel, and supervisor shall participate in the program. Driver training shall include the following minimum components Professional Parking Page B-5 • Vehicle Operation — includes training on Vehicle orientation, safe bus operation, route and schedules orientation, and on-time performance. • Safe Vehicle Maneuvering • Defensive Driving — Training program must include the National Safety Council's defensive driving instruction. • Federal Drug & Alcohol Regulations — All necessary employees shall be trained about the requirements contained in the Department of Transportation (DOT) Drug and Alcohol regulations. • General Vehicle Handling and Safety • Passenger Assistance Techniques • Passenger Relations • Fare box Training • Americans with Disabilities Act (ADA) Requirements and Sensitivity Training — All drivers must be trained to comply with Title II of the Americans with Disabilities Act (ADA) of 1990, and any additional ADA or Federal Transit Administration (FTA) training or testing that may be required by law. 31. Vehicle Training All Contractor employees who are licensed to operate Vehicles must be trained to operate each type of Vehicle in fleet. Contractor shall provide a Vehicle Operations Manual to each one of these employees for each type of Vehicle in the fleet. Operators must also be trained on the ADA ramp/lift device and mobility device securement system for each Vehicle type. 32. Route Training Each Vehicle Operator will be trained on each Route operated by the Contractor for the City. This training must include driving each Route completely with a Road Supervisor or Trainer. 33, Operations Procedure Handbook Contractor shall prepare an Operations Procedure Handbook covering the duties performed by Operators, Dispatchers, and Supervisors. This Handbook shall include, at a minimum, the following subject areas: • Fundamental of Customer Service • Operator Rules • Accident/Incident Policies • Radio Policies and Procedures • Fog and Inclement Weather Policy Professional Parking Page B-6 • Vehicle Inspection Procedures • Vehicle Maintenance Policies • Dispatch Policies & Procedures • Telephone Procedures 34. Field Supervision Responsibilities Contractor shall provide onsite supervision as proposed to monitor Operators and Vehicles and assist Operators in revenue service, including assistance with special events, accidents, route deviations and emergencies. a. Pull -Out Inspection A supervisor must be present at the Contractor facility whenever a scheduled Vehicle pull-out is made. The on -duty supervisor must complete and sign the daily Pull -Out Report. b. Accidents All traffic accidents involving transit system Vehicles, irrespective of injury, shall be immediately reported to the appropriate law enforcement agency. City's Project Administrator shall be notified in writing by Contractor of all accidents and incidents resulting in loss or damage to Contractor's supplied property within twenty four (24 hours). In cases involving injuries where person(s) are transported for medical attention, the Contractor shall notify City's Project Administrator immediately. Contractor shall have an accident investigation program that identifies the roles and responsibilities of the individuals responsible for investigating accidents, including notification, response, and investigation. The accident investigation program must be designed to identify the root cause of accidents and provide a path to eliminate the root cause and prevent similar types of accidents in the future. Contractor will request that the law enforcement agency respond to investigate the accident, Contractor will supply City with copies of all accident and incident reports and photos within twenty-four (24) hours of occurrence. As part of any traffic accident report, Contractor must also complete a City Accident Form (or City approved accident form) for inclusion in the permanent Vehicle file. C. Incidents Contractor is responsible for responding to passenger incidents. All incidents must be logged and a corresponding report must be filed. d. On -Time Performance checks Professional Parking Page B-7 Contractor shall conduct checks on a random basis and compile the performance data monthly. At least fifty (50) checks must be completed monthly. e. Operator Performance Reviews Contractor shall conduct performance reviews of each Operator on an annual basis. f. Detours and Temporary Stops Contractor will deviate from established routes when necessary to avoid construction, detours, and Vehicles or other obstructions within the public right of way. Contractor is responsible for routing of any detours and must post temporary out -of -service signs at stops as necessary. Contractor shall notify City of such obstruction caused deviation(s) as soon as is practicable upon learning that the deviations are or may become necessary. 35. Dispatcher Responsibilities Contractor shall provide a dispatch supervisor during all hours of operation. Dispatchers must be trained on all current operating procedures and schedule materials. 36. ADA Backup Service If any mobility impaired passenger is not able to board due to broken equipment or for any other reason, the driver must inform the passenger the reason why they cannot be accommodated and when and how alternative transportation will be provided. The driver must immediately report the problem to dispatch by radio or by the most immediate means available, so that the problem can be immediately resolved. 37. Restroom Facilities Contractor is responsible for determining restroom locations for Operators to use during layover and recovery time. Contractor must provide a list of these locations to City for every layover/recovery location. Contractor is responsible for any cost associated with agreements with local businesses or agencies to use their restroom facilities. 38. Communication System Unless an alternative system is approved by City, Contractor shall operate and maintain a two-way radio system in compliance with all applicable federal statutes, regulations, and licensing conditions. Contractor shall be responsible for airtime or other frequency use charges connected with the use of the two-way radio system, and for all maintenance and repair required to maintain radio equipment in accordance with manufacturer specification. Contractor shall have a backup plan for providing service if their radio system is down for more than one hour. Professional Parking Page B-8 The radio communications equipment for the service shall be used solely for providing communications related to services under the Agreement. Radio transmissions shall be limited to the frequency assigned for such transmission. Contractor shall provide City with one hand-held radio and charger programmed to receive all radio channels used for services provided to City. 39. Vehicle Maintenance Requirements Contractor shall not defer maintenance and repair for reasons of shortage of maintenance staff or operable buses, nor shall service be curtailed for the purpose of performing maintenance and repair without prior written consent of City. Contractor shall adjust the work schedules of employees as necessary to meet all scheduled services and complete preventive maintenance and repair activities according to the schedule approved by the City. 40. Vehicle Towing In the event that towing is required due to mechanical failure or damage, Contractor shall be responsible to provide towing at Contractor's sole expense. 41. Daily Vehicle Servicing Contractor shall perform daily Vehicle servicing on all buses used in revenue service. Daily servicing shall include, but is not limited to: fueling, engine oil, coolant, water and transmission fluid check/add; fare box vault pulling and replacement; wheelchair life/ramp check, brake check; light and flasher check, exterior and interior visual inspection, and check of all Vehicle performance defects reported by drivers to identify potential safety and reliability items requiring immediate attention. 42. Demand Maintenance Contractor shall be responsible for the maintenance and repair of all Vehicles, communications systems, and all other equipment, furnishings and accessories required in connection with its operation of the service in a clean, safe, sound and proper operable condition at all times, and fully in accord with any manufacturer recommended maintenance and repair procedures and specifications, as well as with the applicable requirements of any federal, state or local statute. All repairs to Vehicles shall be performed by Contractor or by other vendors and suppliers designated by Contractor. Repairs shall include, but is not limited to: work to correct loss or damage; adjustments due to normal wear and tear, and overhaul, rebuilding or replacement of components. Repair work shall be conducted as soon as practicable upon learning that such work is required. 43. Maintenance Records As required by California Code of Regulations 13 (13 CCR), Contractor shall maintain a current Vehicle file in chronological order. At a minimum, the following information must be kept in this file: Professional Parking Page B-9 a. Maintenance Repair Work Orders b. Preventive Maintenance Schedule Reports C. Operator's Defect Report (Pre-operation and Maintenance Record cards) d. Report of Trouble e. Quality Assurance Inspection Reports f. California Highway Patrol (CHP) Terminal Inspection Reports g. Vehicle Smoke Emissions records All maintenance work orders and report files shall become a permanent part of the Contractor's file. Records shall be made available to City or its representative, the CHP and /or such other regulatory agencies with jurisdiction when requested. Original copies of all such records shall remain on file at all times at the Contractor's local facility. Contractor shall provide the original copies to City at the termination of the Agreement. 44. Wheelchair-Lift/Ramp/Securement Systems Contractor will ensure that Wheelchair Lifts, Ramps, and Securement Systems are operational on all Vehicles in the fleet. All broken systems must be repaired within 24 hours. 45. Climate Control Contractor shall maintain the heating and air conditioning units in proper working condition so that they are available at any time during the service hours and offer the most comfortable environment inside the Vehicle regardless of the outside climatic conditions. Contractor shall require that drivers continually monitor climate control units during the day to ensure that they are operating properly. In-service Vehicles without working heating or air conditioning will be exchanged within one round trip or sooner. 46. Destination Signs All Vehicles provided under the Agreement will have LED route signs identifying Vehicle such as "Balboa Peninsula Trolley", to be approved by City. Non -LED signs are acceptable during the Original Term. 47. Communication System Contractor shall maintain their two-way radio system in compliance with all applicable federal statues, regulations, and licensing conditions. Contractors must have a sufficient stock of handheld radios to cover for time when a specific radio is not functioning. 48. Fire Suppression Equipment Contractor is responsible for obtaining regular certifications as required for fire extinguishers and fire suppression equipment installed on the Vehicles. Professional Parking Page B-10 49. Engine. Transmission and Differential Contractor shall be responsible to monitor the condition and performance of Vehicle engines, transmissions and differentials so as to maximize useful life and avoid costly catastrophic failures. At a minimum, the Contractor's monitoring program shall consider miles accumulated; fuel, oil transmission fluid and differential oil consumption trends; loss of power, and erratic performance. In addition, Contractor shall perform a laboratory analysis of engine oil at every oil change, laboratory analysis of transmission fluid and differential oil every four (4) months, or when necessary to assist in the diagnosis of a mechanical problem. Engine, transmission and differential overhaul shall be performed by a factory authorized repair shop, approved by City or its representative in advance of work, using only Original Equipment Manufacturer (OEM) parts and OEM minimum overhaul standards. 50. Vehicle Appearance Contractor shall maintain Vehicles in a clean and neat condition at all times. A record of interior and exterior Vehicle cleaning shall be maintained in the Contractor's office, or other designated location. Different from most other transit agencies, passengers on the City service will be allowed to take food and drink on -board Vehicles. The following cleaning procedures must be completed during the intervals noted: a. Daily Cleaning • Graffiti removal • Vehicle Sweeping • Litter & Debris Removal • Spill Cleaning • Exterior Washing b. Weekly Cleaning: • Interior Vehicle Cleaning C. Monthly Cleaning: • Rubber Preservative Treatment d. Quarterly Cleaning: • Deep Cleaning • Waxing e. As -Needed Cleaning: • Fumigation • Seat Cleaning or Replacement Professional Parking Page B-11 Contractor is responsible for repairing all Vehicle body damage in a timely manner. Should the Vehicle need extensive body repairs, Contractor shall provide City with a timeline for the repairs to be completed. Body damage must be repaired within seventy- two (72) hours of occurrence. 52. Exterior/Interior Advertising City reserves the exclusive right to place advertising material on the interior and/or exterior of the Vehicles. Contractor shall not install any advertising material on the interior or exterior of the Vehicles except as directed by City. Contractor shall cooperate with City's advertising vendor and shall make reasonable efforts to allow the vendor to install and remove advertising at Contractor's maintenance facility. Any revenue derived from advertising shall be the sole property of City. 53. Vehicles Paint & Decals Contractor must paint all damaged Vehicles to match the original color scheme. Contractor shall also procure a supply of decals to replace any damaged decals during the term of the Agreement. 54. City Vehicle Inspections City shall have the right to inspect any and all Vehicles or cause same to be inspected at any time, with or without prior notice to Contractor, provided, however, that unless City determines in its sole discretion that emergency conditions or factors affecting safety or security require otherwise, City shall give at least twenty four (24) hours' notice of any such inspection. 55. Vehicle Out -Of -Service Criteria & Procedures Contractor's Vehicles providing service under this Agreement may be taken out -of -service by City or CHP personnel in compliance with the North American Uniform Out -of -Service Criteria and Title 13 of the California Code of Regulations. The most current version published shall be used at all times. Contractor must have a physical lockout device to render a Vehicle immobile when Out - of -Service. Contractor must receive permission from City staff prior to placing the Out - of -Service Vehicle back into Revenue Service. Contractor will not be paid and will be assessed penalties for any Revenue Service operated by a Vehicle designated as Out - of -Service. 56. CHP Terminal Inspection Contractor must make all Vehicles available for inspection by the CHP as necessary. Contractor must also follow CHP maintenance record guidelines and make all records Professional Parking Page B-12 available for inspection. Contractor must notify City within twenty four (24) hours following a CHP inspection. 57. Reserved 58. Contractor Recommendations Contractor shall continually monitor operations, facilities and equipment and shall, from time -to -time and as warranted, advise City and make recommendations to it upon observed deficiencies and needed improvements. City shall retain all authority, however, to make determinations and to take action on such recommendations. 59. Safetv Proaram Contractor shall assume full responsibility for assuring that the safety of passengers; operations personnel and all Vehicles and equipment are maintained at the highest possible level through the term of the Agreement. Contractor shall comply with all applicable CHP and Occupational Safety and Health Administration (OSHA) Requirements, and shall furnish City upon request with copies of annual CHP Vehicle/equipment inspections and CHP safety compliance reports, including Pull Notices. Contractor shall develop, implement and maintain, in full compliance with California Law, a formal safety and accident prevention program including periodic safety meetings, participation in safety organizations, safety incentives offered by Contractor to Operators and other employees, and participation in risk management activities under the auspices of Contractor's insurance carrier or other organization. Contractor shall provide a copy of said Safety Program and subsequent program updates to City or its designated representative. Contractor shall participate in the State of California Department of Motor Vehicles "Employer Pull Notice Program" for appropriate monitoring of employee driver license activity. Contractor will require all Operators, control room personnel, Vehicle maintenance and repair mechanics, and supervisors to participate in the Safety Program. 60. Data Collection/Reporting In addition to any other reports required by law, Contractor is also responsible for providing the following reports at the interval as outlined. Reports shall be provided to City in email format unless requested otherwise. a. Daily • Vehicle Assignment List — Shows which Vehicles are assigned to each route/run and reason deviations from normal assignment list. • Down Vehicle List — Shows which Vehicles are not available for service, reason, and anticipated date for return to service. Professional Parking Page B-13 • Pull -Out Report — Includes pull-out time for each Vehicles and status of system components. • Service Interruption Summary — Brief description of any service interruptions with reason and steps taken to fix. b. Monthly: • Monthly invoice • Employee roster — List of positions and current assigned employees. If a position is open, a description of steps being taken to fill the position. • Preventive Maintenance Report — Log of preventive maintenance status by Vehicle and component. • Accounting Data — Contractor shall collect, record and report to City on a monthly basis all accounting data in accordance with Section 99243 of the California Public Utilities Code, as is now in force or may hereafter be amended. All worksheets and detail information used to prepare these reports shall be available upon request. Each monthly accounting report shall be provided to City within one (1) month after the close of the month. • Operational Data — Contractor shall collect, record and report all operational data required by City in a format approved by City and which meets OCTA requirements. Such data shall include, but is not limited to, statistics required under the California Transportation Development Act, as amended, statistics required by the FTA under the Section 5310, 5311, and 5311(f) grant programs, passenger count data by fare category, Vehicle hours, Vehicle miles, Vehicle revenue hours, Vehicle revenue miles, passengers per hour, mobility device boardings. c. Annually: • National Transit Database (NTD) Report — Additional data as needed for City to complete report. d. As -Needed: • Accident Report(s) • Incident Report(s) • CHP Basic Inspection of Terminals (BIT) Inspection Report(s) • Passenger Load Report(s) e. Contractor Report for City Review: • Dispatch Log(s) — Detailed dispatch log(s) • Road Supervisor Log(s) — Daily summaries of work completed by each road supervisor. Professional Parking Page B-14 61. Customer Service City will email all customer correspondence to Contractor as they are received. Contractor shall make at least three (3) documented attempts to contact each customer filing a complaint within five (5) calendar days in order to discuss the complaint and resolution, if any. Contractor shall also provide the complaint resolution to City via email within five (5) calendar days. 62. Lost & Found Contractor shall be responsible for storing lost and found items in a secured location for thirty (30) days. Contractor shall keep a log containing information about who found the item, where it was found, and the date and time it was found. After thirty (30) .days, Contractor is required to donate any unclaimed items to a local charity. Professional Parking Page B-15 EXHIBIT C SPECIAL PROVISIONS City's Right to Audit City's Project Administrator or his/her designee reserves the right to audit the Contractor's compliance with all of the terms and conditions of this Agreement at any time. 2. Access to Facilities City shall be permitted to observe and inspect any or all of the Contractor's facilities and activities during Contractor's usual and customary business hours for the purposes of evaluating and judging the nature and extent of Contractor's compliance with the provisions of this Agreement. In such instances, City's representative(s) shall not interfere with or dispute such activities. Disputes Disputes arising in the performance of this Agreement, which are not resolved by agreement of the parties, shall be decided in writing by City's Project Administrator. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to City's Project Administrator. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of City's Project Administrator shall be binding upon Contractor and Contractor shall abide by the decision. 4. Rights and Remedies The duties and obligations imposed by the Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitutes an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 5. ADA Accessibility & OCTA Requirements Vehicles shall be ADA accessible and must meet with all OCTA Grant Requirements. 6. OCTA Grant Fund Requirements Contractor is aware that loss of grant funds from the Orange County Transportation Authority will result in termination of subject contract. OCTA grant requirements general include: Professional Parking Page C-1 • Service shall meet or exceed minimum standard of 10 boardings per Vehicle hour on average, which must be achieved within the first 12 months of operation and every year thereafter. • Separate and distinct operating hours and cost must be provided in the detail and as requested by the City, OCTA and FTA if applicable, e.g. Vehicle hours, total boardings, boardings per revenue hour, operating costs, net operating costs (less fares, if any), etc. • Allow inspection and audit of records. • Operator shall indemnify City against liability for operation, equipment failure, etc. • Termination for convenience within 60 -days' notice. • Compliance with all applicable federal, state and local laws and licenses. • Meet all ADA accessibility requirements. Professional Parking Page C-2 EXHIBIT D PROGRAM FEE SCHEDULE City shall pay Contractor on an annual fixed lump sum capital cost plus Vehicle Revenue Hour (" VRH") basis for all service. The calculation of these rates is made using the rate(s) listed below. City may vary the VRH to be provided under this Agreement within 25% of the annual estimates. If the amount varies by more than 25%, City and Contractor will renegotiate the hourly rate for that Agreement year. The City shall deduct from the invoice and other observation any penalties based upon City's determination of performance in relation to the penalties section of the Agreement. The Contract proposal for services is as follows per schedule below: Year 1 (Original Term) Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) Years 2-7: Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) See below Should the City request that the shuttles be replaced by Trollies during a future year, City and Contractor shall negotiate costs and equipment via written Amendment to this Agreement. Initial Year of Service (Original Term) Capital 2017 2018 2019 2020 2021 2022 2023 Total Vehicle $15,000 $15,000 $15,000 $16,000 GPS $2,400 $2,400 $2,400 $2,500 Wrap $20,000 $20,500 $21,000 $21,500 $16,000 $16,000 $16,000 $109,000 $2,500 $2,500 $2,500 $17,200 $22,000 $22,500 $22,300 $149,800 $37,400 $37,900 $38,400 $40,000 $40,500 $41,000 $40,800 $276,000 Operating $79,510 $82,517 $85,630 Total $116,910 $120,417 $124,030 Hourly Rate $73.44 $76.23 $79.11 (Operating) $87,751 $91,083 $94,531 $98,797 $619,818 $127,751 1 $131,583 I $135,531 I $139,597 1 $895,818 $81.06 $84.14 $87.33 $91.27 Schedule is based on 2 days a week (86.6 hours a week), 12 operating weeks and the 4th of July Professional Parking Page D-1 EXHIBIT E ROUTE MAP, STOPS, AND DRAFT SCHEDULES Proposed Stops Southbound Stops Hoag Lower Lot Newport & Short Newport & 28'h Newport & 23m Northbound Stops Oceanfront — Palm Balboa& Coronado Balboa & 8th Balboa & 12,E Balboa & 19"' Balboa & 16"' Balboa & 15th Balboa & 20th Balboa & 11th Newport & 23'"� Balboa & 8"' Balboa & Coronado Oceanfront — Palm Newport & 28"' lewport & Finley -1oaa Lower Lot Notes: Stops in italics are new stops; others are existing OCTA stops. Professional Parking Page E-1 Schedule from Hoag Hospital Lower Lot Leave Balboa Arrive Leave Balboa Arrive Lower lot & 15th Balboa Pier Balboa Pier & 16th Lower lot Layover 7:30 AM 7:42 AM 7:42 Abt 7:57 AM 0:03 7:45 AM 7:57 AP.1 7:57 AM 8:12 AM 0:03 8:00 AM 8:12 AM 8:12 APA 8:27 ANI 0:03 8:15 AM 8:27 AM 8:27 AM 8:42 AM 0:03 8:30 AM 8:42 AM 8:42 Nr l 8:57 AM 8:45 AM 8:57 AM 8:57 AM 9:12 AM 10:00 NO 10:06 ANI 10:14 AM 10:14 AM 10:22 AM 10:31 AM 0:14 10:15 AM 10:21 AM 10:29 AM 10:29 AM 10:37 AM 10:46 AM 0:14 10:30 AM 10:36 AM 10:44 AM 10:44 AM 10:52 AM 11:01 AM 0:14 10:45 APA 10:5 G ANI 10:59 AM 10:59 AM 11:07 AM 11:16 Al 0:14 11:00 AM 11:06 AM 11:14 AM 11:14 AM 11:22 AM 1 1:31 AM 0:14 11:15 AM 11:21 AM 11:29 AM 11:29 AM 11:37 AM 1 1:46 AM 0:14 11:30 AM 11:38 APA 11:47 APo1 1'1:47 AM 11:55 AM 12:08 Ph1 0:07 11:45 AM 11:53 AM 12:02 PM 12:02 PM 12:12 PM 12:23 PM 0:07 12:00 PM 12:09 PM 12:19 PM 12:19 PM 12:29 PM 12:42 PM 0:18 12:15 PM 12:24 Plvt 12:34 PM 12:34 PM 12:45 PM 12:57 PA 0:18 12:30 PM 12:39 PM 12:49 PM 12:49 PM 1:00 PM 1:12 PM 0:18 12:45 PM 12:54 PPA 1:04 PM 1:04 PM 1:15 PM 1:27 PM 0`18 1:00 PM 1:09 PM 1:20 PM 1:20 PM 1:31 PM 1:44 PM 0:16 1:15 PM 1:24 PM 1:35 PPvl 1:35 Phil 1:46 PM 1:59 PM 0:16 1:30 PM 1:39 PM 1:50 PM 1:50 PM 2:01 PM 2:14 PM 0:16 1:45 PM 1:54 PM 2:05 PM 2:05 PPA 2:16 PM 2:29 PM 0:16 2:00 PM 2:09 PM 2:20 PM 2:20 PM 2:31 PM 2:45 PM 0:15 2:15 PM 2:24 PPA 2:35 PM 2:35 PM 2:46 PM 3:00 PM 0:15 2:30 PM 2:39 PPA 2:50 PM 2:50 PM 3:01 PPA 3:15 PM 0:15 2:45 PM 2:54 PM 3:05 PM 3:05 PM 3:16 PM 3:30 PM 0:15 3:00 PM 3:09 PM 3:20 PM 3:20 PM 3:31 PM 3:45 PM 0:15 3:15 PM 3:24 PPA 3:35 PM 3:35 PPA 3:46 PM 4:00 PPA 0:15 3:30 PM 3:39 PM 3:50 PM 3:50 PM 4:01 PM 4:15 PM 0:15 3:45 PM 3:54 PM 4:05 PM 4:05 PM 4:16 PM 4:30 PM 0:15 4:00 PM 4:09 PM 4:20 PM 4:20 PM 4:31 PM 4:45 PM 0:15 4:16 PPA 4:24 PP:1 4:35 PM 4:35 PPA 4:46 PNI 5:00 PM 0:15 4:30 PM 4:39 PM 4:50 PM 4:50 PM 5:01 PM 5:15 PM 0:15 4:45 PM 4:54 PM 5:05 PM 5:05 PM 5:16 PM 5:30 PM 0:15 5:00 PM 5:09 PM 5:20 PM 5:20 PM 5:31 PM 5:45 PM 0:15 5:15 PM 524 Ph1 5:35 PM 5:35 PM 5:46 PM 6:00 PM 0:15 5:30 PM 5:39 PPA 5:50 PM 5:50 PM 6:0'1 PPA 6:15 PM 0:15 5:45 PM 5:54 PM 6:05 PM 6:05 PM 6:16 PM 6:30 PM 0:15 6:00 PM 6:09 PM 6:20 PM 6:20 PPA 6:31 PM 6:45 PM 0:15 6:15 PPv1 6:24 PPA 6:35 PM 6:35 PPA 6:46 PM 7:00 PM 0:15 6:30 PM 6:39 PM 6:50 PM 6:50 PPA 7:01 PM 7:15 PM 0:15 6:45 PM 6:54 PM 7:05 PM 7:05 PM 7:16 PM 7:30 PM 0:15 7:00 PM 7:09 PM 7:20 PM 7:20 PM 7:31 PM 7:45 PM 0:15 7:15 PM 7:24 PM 7:35 PM 7:35 PM 7:46 PM 8:00 PM 0:15 7:30 PM 7:39 PM 7:50 PM 7:50 PM 8:01 PM 8:15 PM 0:15 7:45 PM 7:54 PM 8:05 PM 8:05 PM 8:16 PM 8:30 PM 8:00 PM 8:06 PM 8:17 PM 8:17 PPA 8:28 PM 8:38 PM 0:07 8:15 PM 8:21 PPA 8:32 PM 8:32 PPA 8:43 PM 8:53 PM 8:30 PA 8:36 PM 8:47 PM 8:47 PM 8:58 PPA 9:08 PM 8:45 PM 8:51 PM 9:02 PM 9:02 PM 9:13 PM 9:23 PM Professional Parking Page E-1 EXHIBIT F INSURANCE REQUIREMENTS —SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Professional Parking Page F-1 Vehicles, in an amount not less than five million dollars ($5,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status., All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Professional Parking Page F-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Professional Parking Page F-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/14/17 Dept./Contact Received From: Raymund Date Completed: 5/23/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: Professional Parking, Inc. Type of contract: Public Works 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/16-7/1/17 A. INSURANCE COMPANY: AIX Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/16-7/1/17 A. INSURANCE COMPANY: NOVA Casualty Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M+5MUmbrella E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7/1/16-7/1/17 A. INSURANCE COMPANY: NOVA Casualty Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 5/23/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed due to GL carrier being non -admitted Sheri Approved 4/17/17 Approved: Risk Management ' Subject to the terms of the contract. Date