HomeMy WebLinkAboutAgenda Report - May 4, 1994 (31)OP 1
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Service Contracts for Transportation Consultation
MEETING DATE: May 4, 1994
PREPARED BY: Assistant City Manager
RECOMMENDED ACTION: The City Council authorize the City Manager .to enter
into personal service contracts with James E. Brown and
Associates •(planning and implementation) and Selena
Barlow (marketing) to provide consultation services,. to
implement a fixed route transit system.
BACKGROUND INFORMATION: The City has undertaken a project to implement a fixed
route transit system in the City of Lodi during the
latter part of calendar year 1994. A target date of
late November has been established. In order to meet this date, a number of
tasks must be accomplished. Attached (Exhibit A) is a schedule of these tasks.
In order to accomplish this, expertise must be retained.
There are numerous tasks that must be accomplished. These include defining
system needs; routing; design; fare structure; operating guidelines; performance
standards; equipment design; system software; review of alternative methods of
providing service; contract or City operation; projections of equipment and
facility needs in the future; develop short and long range transit plans; and
provide oversight during the early days of operation. There is no one on staff
possessing the expertise to assume these tasks.
The City has worked with Mr. Jim Brown in the past and has developed an
effective working relationship with him. He is familiar with the City's present
Dial -A -Ride system. He has been requested to present to the City of Lodi a
proposal to do the required work shown as Exhibit B.
The total cost of this project will not exceed $35,000. This amount has been
approved in a Federal Transit claim for FY 93-94.
FUNDING: FTA funds
1 yt Ate.
erry L. Glenn
Assistant City Manager
Attachments
CCOM-041/TXTA.07A
,
APPROVED
THOM" A. PETERSON .ecrc`ed Pellet
l City Manager
CC -1
r ZMBIT ]►
LODI TRANSIT IMPLEMENTATION__)MY DATES AND THINGS TO DO
MAY 1994
Adopt Specs for Buses for October delivery
Name system and adopt logo
Begin data collection for Section 15 Report
Send in request for payment of 1992/93 funding
Adopt Specs for Transit Supervisor
Hire Consultant
Begin Public Hearing for fixed route system
Begin work on planning process for new fixed route system
Revitalize Transit Committee
Hire Transit Manager
Purchase Office Equipment-and.Computers
June 1994
Prepare specifications for bus shelters, signs, benches and
Advertise for bids
Review current data collection and reporting systems
Planning Process
July 1994
Planning Process
August 1994
Planning Process
Initiate Work on Marketing Plan
September
Draft of fixed route system available for review
October 1994
Hire and Train Drivers a
Begin Advertising '
Take Delivery of buses
Check out and accept buses
Begin driver training
November 1994
Dry run routes
System Start-up Thanksgiving Weekend Nov.24, 1994
t
f
t
i
TRANSITI/TXTA.01V
El
JAMIM X. BROWN Bc ASSOQATSS
2163 Cottage Way
Sacramento, CAUSOrnk 9S82S
(916) 927.8784
AprD 20, 1994
Mr, Jerry Olen:
Assistant City Manager
City of Lodi
221 West Pine Strut
P.O Box 3006
1AWi, California 95241-1910
Dear Jerry:
This Letter is written b. a folltn+-up to our eomeemations over the past fcw muMbs regarding
the implementatitm pip ming, marketing and technical assistance services that are needed
to assist dw City of Lodi fa the Implementation and start-up of its new fixed route transit
system (with a goal start-up of Thanksgiving 1994).
My understanding of the project is the development of the information and materials
required to complete the planning. implementation, marketing and start-up of the City's new
faced route public transit system. The following is the outline of a work program and an
estimate of the time required to carry out the activities that we have discussed over the past
few months.
I propose to conduct the majority of the work on this project using a combination of my
time and the assistance of Jamey & Emerson, an associate who has worked with me on a
number of similar projects. For the Marketing Implementation Plan I would recommend
Selena Barlow, a marketing consultant that I have worked with and who has prepared this
type of analysis and materials on a number of similar project,; for operators in northern
Califurmu and throughout the country.
We estimate that the service planning and implementation program will cast approximately
$22,000 and that the Marketing Plan and Implementation Program will Cost approximately
$13,000. We propose to carry out this project on a time and expenses basis with our cost
not to exceed the $35,000 contained in the Section 9 Oraut unless the City requires
extensive changes or additions to the scope of work finally agreed upon.
Letter to lorry Okun
Pap 2 of 2
Aprfi 20. IM
I appreciate the oppwtuntty to ubmft " proposal and kwk &nvwd to dbonim it with
ym and working vAtb you and the City of Lodi stuff on this PTOJOCL 11 you have 07
questions or eon rants reg wft this proposal or Cho work program please Call me at (916)
927 -SM.
Sh=MIYI
J IL are"
Y
CrrV OF LODDI TRANRr SYSTEM
FUM ROUTS SYSTEM lh PLBMRNTATJON PLAN AND PROGRAM
iPROPMIBD WORK PRWRAM
This w6rlc activity Includes meedags between tho consultants and the staff of the City of
Lodi, the transit system staff said any other key local taenia During the initial stages of
the matract, the cmaultaat will work with City staff a identity all agenda„ cid= group►
and Individuals to be interviewed, contacted or invite! to VwMcfpatc in public participation
appcntunities. This work activity also includes supervision and management of the proposed
contract for the Markethtg Plan and Implementation Program.
The consuhants participation at public bearings, steering committee meetings and other
interim presentations to dty staff and the City Oauncil, as required, aro also included under
this wnrk activity. We have included a minimum of twelve trips to the Lodi Urban area in
the projected budget for this study. This will provide for freluent and urn ong interaction
with the staff, and reeocmnended elected ofdal% special program representa0vos. and
special interest grarps.
To amure full pifte paroldpadon, we recommend end that the City use aither a Project
Advisory Committee and/or at least two public werbdwps. One workshop would take place
early in the project to assist in defining system needs, routing and decagn. The second
workshop would be to review the consultants recommendations for routing. fare structure,
and Integration of the G zcd routs and dial -a -ride system.
As a part of this work activity, the consultant will meat with the C iitys Project Manager to
review and finalize this work program and schedule. Based on the agreements reached in
this meeting the consultant "l, as required, prepare and cuhmit a revised work plan and
schedule.
Under thk work activity ttts oonsultants will review the ea6dag su dlesl an trmit semoG
(inchding the Short RaW Trasnit Plxn and the Tramit Needs Assessment and Vftm n0h
Regional Transportation Phu and plans for a Coutywide haetdly T awk SjemN City and
County General Plans for Ow Lou[ Urban Ares mW wrc+v-000worafc ami demographic
irtforsnation. The vrritten docaw wet rovkw will be supplenunted with interviews with My
stair and kV local arca resource people. The goal of this work activity is provide a firm and
Clear underrshuuiing of the transportation needs and travel patterns of the Lodi Urban Area
so muting altet natives can be developed that will provide the optlnW rousing to meet tbas
needs of the local citizens.
The consultant's review of the ousting and proposed srystetn will include an evaluation of
the system management and operafions including service area(s). route structures,
sceheduft maps and public info madon, operating policies. fare structure, fleet, equipment
and faacilities.
a All .a„1:4►t 1 :4;0 (WYNNI r yl .ta ul,. )LOZ117N V Col.,
Using the information developed in Task 1 and 2 the consultants will develop specific laced
route system routing reconsnsendation; for review by City staff, any citizen participation
activity and the City Coundil. These recommendations will include specific route alignment,
the location of bus stops and transfer points (for transfers both within the system and to
other inter -city carriers) and a rough draft schedule for the proposed routes. The first step
in the process would be to develop an initial set of routing recommendations which world
be reviewed with city staff (transit management, public works. etc.) to ensure that the route%
would meet basic City needs and requirements. This wtmild be followed by a broader review
with other city staff and any citizen participation activity.
2
r. l
Once consensus end agreement has bean reached on the route dedga the eonsultwo would
develop mare specitie and refined adze a naaxntastdatktns for the proposed rouics. TIM
consultants will prepare draft wbedulca, pm*rm road tests of those schedules, retest tinct
assist in the process of Boal testing and Wwdula reftements, as necessary, when equipa>ettt
if: available for final mud testing.
Under this wesrk item the consultant will review the existing Goal, Objectives and policies
for the Lodi Transit System as contained in the Short Range rh msit Plan, operating policies,
passenger policies, and other policy actions adopted by the City Council and/or system
management. The existing Goals and Policies will be evaluated in light of the current and
projected operating data. and thea updated and revWA as nemmy, to reflect the current
and projected operating environment. A complete set of Goals. Policim Actions and
Standards will be recommended for review and adoption by the City Council and can be
used to evaluate the transit services program as pari of an on-going system manWment
program.
The end product of this work activity will be a recommended set of Coals. Policies, Actions
and Standards for the City of Lodi Transit System.
75 -1 •tri _'71g I a 1Z I FTIZt t, W, c yt t Itt .r
Under this work activity the consultants will assist city staff in the preparation of
specifications for busses, bus shelters, signs, benches, 4mmputer system and software and in
the process of circulating bids, evaluation, selection and award.
3
We will develop reooenrondatlos s for a fare structure for both dw fixed mule and dh>>-oL-
ride trtmsit mystetn. Options will be reviewed with City star' any advisory Wn=dtteo and -
the CIty Council. - Options vvill hwhx% any reduced fates required by law, congWu nce with
ADA requirements and atty best state and federal requhenients. We wdtl rawlcw fte
structure altecnadves wbkb may include base -and reduced fares, daliy auel nttmthly passek -
transfers, punch passes and other We instruments. Tia fare structure will be designed both
to attract riders, provide for integration of the fixed route and dialat-ride components into
s total system and to meet the farobox recovery requirements of the TrattapmUtion
Development Act
7,--f ,„ '..t t +„
Under this work activity we will assist the (3ty in the review of the alternative methods of
providing transit services including use of City employees, oonttacting with other government
entities and contracting with the private seem.
+ eJ
TT 47t ►1 e ! rr 1 1 J��I�LiI t �h,l'.a) _ t
Tbc consultants will prepare short and longer term recommendations for facility and
equipment needs during the first five years of the transit +sy+stems opertitiow Tuve
recommendations will include revenlo and seMee vehleles, operations and maintenance
facilities, bus stop and transfer center equipment and facilities.
M
TASK 91. EREMBE DIMU LM TRANSW BYE= Of 230202OL—AM
HIMOMEREATION PLAN
TWs work item irie!Waa theprepwatim of adraft Lodi Transit System Im tcntation Plea
based an the work contained is Tasim 1-8. The drab Transit Impk7neoftflon Plas will be
presented to the City Staff, any dtb*n pwdefpatlos� nwchadsm(s) apprond by the City and
the City Council.
QVI I Y:.YII&If:j V C4,11 wtl;y 0 (1)q6AIF.N%') of
P A�', 1:0.0f.Nk MCD 4 F.1h,
This work activity will include incorpmtion of any comments and recommendations from
Task 9 into a final Transit Implementation Plan and presentation of the final plan to the
Chy CDUIIdL
_ALI'
716 work activity includes any additional and/or miscellaneous technical assistance that "Uq
TequiTed to implement the transit system that may be necessary and can be accomplished
within the project budget.
5
CITY of LODI TRANSIT SYS78H
FIXED RO'! M SVS RM MARYSTINO BWPLLMIt WAIMON PLAN AND PROGRAM
PROPOSED WORK PROGRAM
TASK is
PRWIM-
Task 1 it a critical stay in development of the marketing p1m as it Mutes the
collection of information on which ull recommendations will be based. We propose to
Include three steps:
1. Am bob of Baia„ ting Data
We will review the following materials as part of the development of
marketing plan analysis aid reeommendatiom:
• Any available Short or Long Rango Transit Plans
• Results of past passenW surveys
• Ridrrship data (by fare class, age group• eta) for the past two years,
• Any available population and demographic statistics for the Lodi
Tintnsit System service arca.
• C *,es of advertising and information materials for the past two years.
• Any past marketing or media plans for the Lodi 'Transit System,
• And, if available, rate cards for local print, broadcast and outdoor
media.
Having the opportunity to review as much information as possible in advance,
will maximim the usefulness of initial meetinp with City staff.
6
PEEF-0, - M, rl...i
Atter reviewing the existing data, l will spend two or throe days in tho Chy of
Lodi to coonplete the tot'ormation gatbering stage. While lbere 1 will:
• Meet with the aty at Lodi staff to clarify so project objowwo,
familiarbe myself with the systems operadord6 and dise" re comm
MW personnel available to implement the plan.
• Review and darlty the information received in Step 1.
' Work with the staff to conduct a comprehensive review of the City of
Lodi Transit System's marketing function, including pmenpff
information. customer service , advertising, promotions and public
relations.
• Collect additional information regarding the City of Lodi Transit
Systm through personal interviews with city and other public officials,
major employers. and other appropriate sources. This information will
inctude trip generators/key destinations. predominant travel patterns.
residential and employment distributions, etc.
Collect all neemary information regarding available advertising media
and information distribution channels.
7
-....... +.-r.. ,-. �..-..�.�.....,v.,,.....-.r�.,e.�.-n •:... .... ..... ...... ..... ...: .. .... _.,...:-.w,...,.... a.a....; .y.,..,�..s �:,•...:>.:,........ , ,... �;,nnY r. r.. ..< h .r+. l
3.
Once all infonnatloo bas been SmUre i and analyzed. an v"dvadou at past
and ea>rmnt norketing saWties and materials will be maim Tbs evalmd1w
will addreaw
• AXroriatenem ottarg dn&
Efferltveneu of advertising meows,
• Quaiity and distnUtion of inforamdon materiels
• And effectiveness of oautonW service and related marketing functions
Resutts and the evaluation will be prawnted to the Lodi City Qmnvil in a
brief wodld og paper.
TASK 2t IRJMiFY TUM MARM SEGNIMM
Based on the information collected in Task 1 and my team's experience with other transit
systems, a segmentation analysis will he performed to identify market segments with the
greatest potential fot maeased transit usage. Dependwg on tate data available, target
segments will he identified bescd on:
• Demographics (ie. age, income, occupation),
• Travel characterkdes (i.e. commuters, school students. off peak
travelam downtown oriented),
• Ridenhip status (ie. potential rider, regular rider, occasional rider).
• Ridership motivations (Le. tramit dependent).
8
Factors eoesidered during the segmentadon anall►sis will inclvda the size of each segment,
the groups access to transit senftm tha probabtlityr for increased transit dderablp` and tba
espedty to provide targeted crnnmuniaaions wlth the group. Vehicles Lot e[fi6ontly
reaching each potential segment will be Identified and avabu ted.
Utilising the inforswWon collected and analyzed in Tasks 1 and 2, my team will develop a
comprehensive marketing plan for the City of Lodi Transit System (Dial -a --Ride and 1--mcd
Route). The plan will provide detailed recommendations for the owning fiscal year, plus
gcncral reootnrnendations for longer rangy marketing strategies. At tbeAmA stage, the plan
will include the following:
• Review of the Lodi Transit System't marketing goals and the specific
objectives to be addressed in the nwketing pinta.
• Summary of the market information collected which is relevant to the
devek>pmeni of marketing strategies,
• Surnara y of the segmentation analysis conducted in Task 2, and a description
of the identified target markets.
• Specific recommended strategies and programs for cost -efficiently targeting
tact of the market segments identified as high potential. This section will
address:
• passenger information
• media advertising and promotion
e public relations,
• and opportunities for joint marketing partnerships.
9
The plan will provide a detailed guide for ibo Implementation of strategics in
each of these areas.
• Detailed mediapian for moat effiaigntly i npkniontingtha pnvosodMrategim
Modic m3sidared wt'll h oludo priz* broadcast, ouWaor. direct roan, rtrrrl
direct marketing.
• Creative coneWs and layouts fcw adverdsing and collateral materlak to
support the recommended strategics. Mum vd11 include items:
• Design for a oomprebensive Ri&ea Guido including City of Lodi
Transit System service area and routs map, schedules, fares, how-to-
ride information connections to other transit system and pontis of
Interest. (Particular attention will be paid to the design of the system
map and schedule into a format that is both attractive and easy to use.
I believe that high quality passenger information materials are the
single mom important factor in increasing. ridership among existing
riders and attracting new riders.)
' Recommendations for a system name and a design for a logo and bus
stop sign for the City of Lodi Transit Fixed Route System.
• Concepts and designs for other printed materials such as brochure.
flyers, paycheck or utility bill stuffers, posters, etc.
• Headlines and designs for newspaper and/or outdoor advertising.
• Concepts and rough scripts for broadcast PSA's or commercials.
• Budget for completion of all materials (within this project's budget)
and for the start-up period and first year of operation of the new
combined system. We will also recommend projected budgets for
future years,
10
In addkion to the copics. I will provide an ural presw*Won of the draft matkedag plan with
the opportunity for staff and eouncil members to ask questions and discuss rano nosmded
TASK 4k
With the input of the-Citj of Lodi mla the marketing plan wtq be revised and Anali:ed.
Ten copies of the flnal plan will be submitted to the City of Lodi.
Once the Marketing Plan bas been completed, production of all materials for the start-up
and first year operation will be initiated Dcpending on the programs actually
recommended, this stage may include:
' Production of camera ready originals for the City of Lodi Fixed Route
and Dial -&-Ride system Route maps snd schedule(s), bus stop signs
and logo.
Production of camera resdy originals fir other collateral materials
specified in the Marketing Plan (i.e. brochures, tlycrs, posters, etc)
• Production of camera ready originals for print or outdoor advcrtising.
• Copy writing of radio commercial scripts, public service
announcements, news releases or other marketing tools specified in the
marketing plan.
All materials well be presented to the City of Lodi staff for final approval prior to
production of advertising 'slicks" and broadcast spots.
11
-...��. .�....+.....�..,---rw.+...•... ..... .. ........ .., ..�..ti .........w. ..r ..... ... ......w�-Y cwr e:Y�t'-i. e. 'KS"FF"...1'uu� �' •,;u^d, s..
J�►. A A IT, :9rla L
Once the MY of Lodi staff (and Coundl. a required) bas given final approval of all
materials, produc tiwr of print and broadcast materials will he completed. We v n'll provide
the Chy of Lodi with all aleaacnra necessary to implement tho Marketing Plan during the
coming year. Materials will be desipfed such that char can be effeotk* reused in Anure
Years as well (with shiVo updates for route and schedule ebaegm if necessary).
12
W]
From .
PETE No. : 916 9270784
JAMS B. BfEdNli AND ASS0CILTX8
CONSULTING ORMCSS AOREWERNT
May.03 1994 1:37PM P82
This Agreewent is between James I. Brawn, 4*U q
business as Janos B. Brawn and Associates, hereinafter referred
to as MCOnsultant" and City of Lodi, hereinafter referred to as
"Lodi".
WITNESSETH:
SECTION 1 - ORCANIBAVXON AND CONTENTS
SUCTION 1 OROAM12ATI014 AND CONTENTS
SECTION 2 SCOPE OF CONSULTING SBRVIC138 - BASIC
SECTION 3 cloorn OF CONSULTING SERVICES -
UNANTICIPATED ADDITIONAL SE ICES
SECTION 4 TZME OF PERFORMANCE
SECTION 5 COMPENSATION
SECTION 6 COMPLIANCE WITH LhWS j, IWLES, REGULATIONS
SECTION 7 EXHIBITS INCORPORATED
SECTION 8 RESPONISX81LITY OF CONSULTANT
SECTION 9 RESPONSIBILITY OF LODI
SECTION 10 TIE
SECTION 11 - TERMINATION OF THIS AGREEMENT
SECTION 12 INTEREST Or OFFICIALS AND CONSULTANT
SECTION 13 SUCCESSORS AND ASSIGNS
SECTION 14 INDEPENDENT CONTRACTOR
SECTION 15 DISPUTE
SECTION 16 EQUAL EMPLOYMENT OPPORTUNITY
SECTION 17 DISADVANTAGED BUSINESS ENTERPRISE (DBS)
SECTION 18 TITLE VI COMPLIANCE
SECTION 14 SPECIFICATIONS
SECTION/ 20 PUBLICATIONS
SECTION 21 COPYRIGHTS
SECTION 22 INDEMNIFICATION
SECTION 23 INSURANCE REQUIREMENTS
SECTION 24 OWNERSHIP OF DOCUMENTS
SECTION 25 ACCESS TO RECORDS
SECTIO14 26 NOTICES
SECTION 27 JISRISDICTION
SECTION 29 INTEGRATION
SECTION 29 SPECIAL PROVISIONS
1
MW -03-1994 12:23 916 9278784 P.02
F, PFOE No. : 916 9278784 & Hy. 03 1994 1:313PM P03
00 SECTION 2 - SCOPE OF CONSULPINO S2RVIC88 - BASICI CCKVLR'1TION
1. The Consultant aaggrrees to perform all work neoftaaary
to complete the services described in Exhibit A, DEGCZaW10V OF
pRWZCT, SCOPE OF NORK, (FIXED R0VTE SYSTEM IMPLIiMtMMATIOK 11AN
AND PROGRAM) which is attaohed and incorporated by referenee as
it not forth in full.
SECIIOZI 3 - SC:OPU OF CONtR M"JIC SERVICES - UNANTICIPATED
ADDXTIONAL AJVMCSB
The rartica agroo the projoot may require the Consul-
tant to perform or secure the per-formanoo of rolated servioea, in
addition to those set forth in EXHIBIT A. In such an avetat the
consultant will advise Lodi, in advance; of the need for the
additional services, their cost, and, if appropriate, the
estimated time required to perform them.
upon a minimum of ten (le) days' written notice, Lodi
may noddy the scope of basic services to be provided under this
Agreement. Upon receipt of such notice, the Consultant will
determine the impact on both time and compensation of such change
in soope and notify nodi.
Upon agreenent between the Consultant and Lodi as to the
modifications of time and compensation, Lodi shall prepare an
amendment to this Agreement, describing such changes.
13 SECTION 4 - TIME OF PERFORMANCE
The Consultant will complete the tasks as indicated in
MCHIBIT A, DESCRIPTION OF PROJECT/SCOPE OF WORK, or as soon
thereafter as possible.
__{
SECTION 5 - COMPENSATION
The Consultant will submit an invoice to Lodi showing
professional services and direct expenses for each project. Lodi
shall pay the Consultant within thirty (30) days after the
invoice is mailed.
It is agreed the total compensation And reimbursement
to be paid for those items described in Exhibit A, DESCRIPTION OF
PROJECT, hereunder shall be the sum of twenty-two thousand
dollars ($22,000.00) for the services to be performed by the
Consultant.
SECTION 6 - COMPLIANCE WITH LAWS, RULES, REGULATIONS
The Consultant will perform the services in compliance
with all applicable Federal, State, or local laws, rules, and
regulations.
2
MAY -03-1994 12, 24 916 927fj7B4 P. 03
From PHONE Fb. : 916 927ERB4 May.03 1994 1:38FN PO4
ORCTX014 7 - BXHI8ITS INOOAPORATBD
All Rxhibits referred to in this Agreement are attached
and incorporated by referonae.
SECTION 8 - RLBI'OWSIBILITY OV CONBULTA11T
The Consultant possesses, or will arrange to semra
from others, all of the necessary professional aonsulting
capabilities, experience, resources, and facilities DOM ary to
provide to Lodi the services specified in this Agreanent.
BZCTION 9 - RRSPONSIHILITY OF Lodi
Lodi shells
A. Aaciat the Connaltart by providing him with all
available information requested, including but not limited to
previous reports.
H. Guarantee access to and snake all provisions for the
Consultant to enter upon public and private property, as the
Consultant deems necessary.
C. Examine all studios, reports, proposals, and ottacsr
documents presented by the Consultant and render pertinent
decisions within a reasonable tine so as not to delay the Consul-
tant's performance of service.
D. Designate in writing a person to act as Lodi's
representative relative to all work to be performed under this
Agreement. Such person shall have complete authority to transmit
instructions, receive information, and interpret and define
Lodile policies and decisions with respect to materials,
equipment, elements, and systems relative to the Consultants
services.
R. Furnish approvals and permits from all governmental
authorities with jurisdiction over the project and such
approvals and consents from others as may be necessary for
completion of the project.
SECTION 10 - TERM
The term of this Agreement shall commence January 14,
1994, and shall end upon completion of the work by the Consultant
and payment of Consultant by Lodi.
3
MAY -03-1994 12:24 916 9278784 P,04
Frcm FME No. : 916 927B784 Play. fd3 1994 1:3WM F95
0 SICTtON 11 - TRMIN ►TION O! Tfiia P.4MPJtX3MT
This Agreement may be terminated by either perty UPM
thing (30) days' written notice to the other party. The
Consu tart shall be paid in quentum aoruit for servieys
performed, less parents of compensation previously made.
Yf the Consultant is prevented tree performing his
obligations under this Agreement by any eaaurrence beyond his
control, he sball be exauscd tram any turther perfornowe of his
obligations under this Agreement.
82MON 12 - XWBRWT Or OMOTALB "D OOWMTRAM
A. no offioor, somber, or employee of Lodi or other
publio ofrf�ial who participates in the review or approval or the
undertaking -r carrying out of this Agreement shal2v
T participate in any decision relating to this
Agreement w. i atracts his personal interest or the interest of
any corporat.. i, partnership, or association in which he has,
directly or indirectly, any interest.
2. have any interest, direct or indirect, in this
Agreement or the proceeds thereof during the term of thio
Agreement and for one year thereafter.
B. No Member of or delegate to the United States
Congress or any Resident Commissioner shall share any benefits
arising from this Agreement.
C. At the time of the execution of this Agreement, the
Consultant neither has an interest in nor shall he acquire any
Interest in the future, direct or indirect, which would conflict
with the performance of services pursuant to this Aqreement. The
Consultant will hire no person having such an interest in the
performance of this Agreement.
SECTION 13 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to
the benefit of any successors to or assigns of the Parties.
SECTION 14 - INDEPENDENT CONTRACTOR
The Parties dyrsn that their relationship under this
Agreement is that of an employer and an independent contractor.
The Consultant shall be solely responsible for the conduct and
the control of the work performed under this Agreement. The
Consultant shall be tree to render consulting services to others
during the term of this Agreement.
4
MW -W-1994 12=25 916 92'76M4 P.05
Frcm :
P"E Hm : 916 91278794 Ma% e3 1994 1:4WM Pea
1-1
IMMON 15 - DISPUTE
Any dispute not resolvable by informal arbitration
between the Parties to this contraest may be adjudicated under the
laws of the State of California, in Sacratento County.
SECTION 16 - EQUAL =11WYMMM OPPORTUNITY
In canneetien with the execution of this Agreement, the
Consultant shall not discriminate against any subcontragMar
because of racep religion, color, wan, or national origin. The
Consultant shall comply with Executive order 11246, entitled
"Equal Employment opportunity* as amended by Executive Order
11375, and as supplemented in Department of Labor Regul6tioae (41
CPR Part 60), the California fair Employment and Housing Act... and
any other applicable Federal and State laws and.' regulations
relating to equal employment opportunity. . .
SECTION 17 - DISADVANTAGED BUSINESS ENTERPRISE (DSE)
It is the policy of the Lodi that disadvantaged
business enterprises, as dc tined in 49 CFR Part 23, shall have
the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under
this Agreement. Consequently, the DBE requirements of 49 CFR
Part 23 apply to this Agreement.
The Consultant agrees to ensure that disadvantaged
�J business enterprises as defined in 49 CFR Part 23 have the
:maximum opportunity to participate in the performance of
contracts and subcontracts financed ii, whole or in part with
Federal funds provided under this Agreement. In this regard, the
Consultant shall take all necessary and reasonable steps in
accordance with 49 CPR Part 23 to ensure that DBE's have the
maximum opportunity to compete for and perform eontrnc;ts. The
Consultant shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of Department
of Transportation (DOT) contracts.
SECTION 18 - TITLE VI CO?4plj tiCE
The Consultant shall comply with Title VI of the Civil
Rights Act of 1964, as amended, and with the proviciona contained
in 49 CFR Part 21 through Appendix C and 23 CFR 710.405(b).
During the performance of this Agreement, the
Consultant, for itself, its assignees and successors in interest,
agrees as follows:
5
MAY -03-1994 12=26 916 9276784 P.06
From KLft No. : 916 WM-.,E}4 May.03 1994 1:4WM M7
1. Compliance with Regulations she Consultant *hall
comply with the Regulations relative to nondiscrimination'ih
federally--eazisted programs of the DOT. Title 49, code of federal
1lequlations, Pwrt 91, as they may be amended from tine to time
(horoinafter referred to as the Regulations), which are
Incorporated by reference.
1. 11oondiscrinination: Relative to the Mork performed
pursuant to this Agreement, the Consultant nhall not diserininaks
on the grounds of race, religion, color, cox, age or national
origin in the selection and retention of subcontractors,
including proouresent of materials and lessee of equipment. The
Consultant shall not participate either directly or indirectly in
the discrimination prohibited by Section 91.9 of the Pagulatiomr,
including employment practices when the Agreement covers a
program set forth in Appendix a of the Regulations.
3. Solicitations for Subcontractors, including
Procurement of Materials and squipmentz in all solicitations by
the Consultant for work to be perrormed under a subcontract,
including procurement of materials or leases of equipment, the
Consultant shall notify each potential subcontractor or supplier
of the Consultant's obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race,
religion, color, cox, age or national origin.
4. information and Reports: The Consultant shall
provide all information and reports required by the Regulations
j or directives issued pursuant thereto, and shall permit access to
�✓ its books, records, accounts, other sources of information, and
its facilities as may be determined by Lodi or the Federal
'transit Administration (FPA) to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where
any required information is in the exclusive possession of
another who fails or refuses to furnish this information, the
Consultant shall so certify to Lodi or the FTA, as appropriate,
and shall state the efforts he has made to obtain the
information.
S. Sanctions for Noncompliance: In the event of the
Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, Lodi shall impose such contract sanctions as
it or the FTA may determine to be appropriate, including, but not
limited to:
a. Withholding of payments to the Consultant under
this Agreement until the Consultant complies, and/or,
b. Cancellation, termination, or suspension of the
Agreement, in whole or in part.
MAY -03-1994 12:26 916 92r r P•07
From : PFOE Na : 916 9M784 May.83 1994 1:41PM PUB
►ri'i J.c, lig; 1. •1�'.i }i.. ..• ..Ira; �. w -.l ,.... a..M .l.
MAY -03-1994 12. 2-7 916 9278'784 P.08
G. Incorporation of Provisions; The Consultant shall
Include the provisions of paragraphs (1) through (S) of this
section in every subcontract, including proaarawant of materials
and leases of equipment, unions exempt by the Regulations or
directives issued pursuant thorot.o. The Concultant shall take
such action with roopect to any suboontraot or psoourewent. as
Lodi or the FTA may direct as a means of enforoing such
provisions including sanctions for n anon. however, in
the evert a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a ronult of
such direation, the Consultant may roqueot Lodi to enter into
such litigation to protect the interests of Lodi, and in
addition, the Consultant may roquost tho United states to enter
Into such litigation to protect the interests of this United
states.
T. Civil Rights: All subcontracts awarded by
contractors shall contain provisions requiring compliance with
Title VT of the Civil Rights Act of 1964, as amended.
Accordingly, 49 C1R Part 21 through Appendix C and 23 CPR
710.405(b) shall be made applicable by reference in all
subcontracts financed in whole or in part with Federal funds.
SECTION 19 - SPECIFICATIONS
All specifications, manuals, standards, etc., either
attached to this Agreement or incorporated by reference, are
deemed to be the issue in offlj!ct as of the date of this Agreement
and are binding as to the performance of the work specified in
this Agreement unless they are changed by written amendment to
this Agreement.
SECTION 20 - PUBLICATION
A. The Consultant shall not make available to any
individual or organization any report, information, or other data
given to, prepared by, or assembled by the Consultant relative to
this Agreement, without the prior written approval of Lodi.
B. Any and all reports published by the Consultant
shall acknowledge that it was prepared in cooperation with Lodi
and the FTA.
C. The Consultant shall include the following
stratenent in the forward, preface, or footnote of any articles,
reports, or works reporting on the services of thin Agreeaent or
on portions thereof which are published by Consultants
"The contents of this report reflect the views of the
author who is responsible for the facts and the
accuracy of the data presented herein. The contents do
not necessarily reflect the official views or policias
7
MAY -03-1994 12. 2-7 916 9278'784 P.08
J
From : PME Ho. : 916 9278784 May.03 IW4 1:42PM P39
of Lodi or the PTa. This report docs not constitute a
standard, specification, or rogulation:M
SECV10M 21 - IM01MITICATIOM
The Consultant will hold Lodi and olfioors harmlose of
and free from any and all liabilities which sight arise out of or
relating to this Agreement. Rhould nodi or any of its officers
be named in any auit, or should any claim be made against it or
any of thou by suit or othorwico, whothor the same may be
groundless or not, arising out of or relating to this Agrsaent#
the consultant will defend and indemnity Lodi and Ito offloers
for any Judgment rendered against them or arty swan paid out in
settte*snt or ott:ervise.
SECT on 22 - IMUi'tMKZ
Tho Consultant agrees to obtain and maintain liability
Insurance in the amount of five hundred thousand dollars
($500,000) for the team of this Agreement.
SECTION 23 - OMMBRSHIP OF DOCUMEM?S
Original documents, methodological explanations,
computer programs, drawings, designs, and reports generated by
this Agreement shall belong to and become the property of Lodi in
accordance with accepted standards relating to public work
contracts. Obtaining or producing additional copies, not
otherwise provided ror herein, shall be the responsibility or
Lodi.
SECTION 24 - ACCESS To RECORDS
The Consultant and its subcontractors shall maintain
all books, documents, papers, accounting records, and other
evidence pertaining to costs incurred, and make such materials
available at their respective offices at all reasonable times
during the contract period and for three years from the date of
final payment to Consultant. Such materials shall be available
for inspection by authorized representatives or Nodi, or the
copies thereof shall be furnished if requested. The Comptroller
General of the united states,or any of their authorized
representatives, shall have access to any books, documents,
papers, and records of the consultant which are directly
pertinent to this Agreement, for the purpose of making audit,
examination, excerpts, and transcriptions.
e
MAY -03-1994 12,26 916 927?784 P.09
From
PME No. 916 7278?V4 Play. W 1994 2:42PM P10
SECTION 2!i - NOTICU
Any notices roquirad to be given purauont•to this
Agrawmnt shall be deemed to havo boon given by their deposit,
postage prepaid, in the United States postal service, addressed
to the Parties an follows:
e. Tot Mr. Jerry Glenn
assistant City manager
City of Nodi
221 hist Pins street
iAdi, California 95241-1910
b. To Consultant: James E. browse
James R. larnwn"and Associates
P. O. Box 2462
.6acramahto, r.A 95912-2462
Nothing bereinabove shall prevent either Lodi or the
Consultant from personally delivering any such notices to the
other.
SECTION 26 - JURISDICTZON
This Agreement shall be administered and interpreted
under the laws of the State of California. Jurisdiction of
litigation arising from this Agreement shall be in California, in
Sacramento County. If any part of this Agreopent is found to be
in uonflict with applicable laws, such part shall be inoperative,
null and void insofar as it is in conflict with said laws, but
the remainder of the Agreement shall bo in full force and effect.
SECTION 27 - INTEGRATION
This Agreement represents the entire understanding of
the Consultant and Inch as to those tatters contained harain. No
prior oral or written understanding shall be of any force or
effect with respect to triose matters covered hereunder. This
Agreement may not be modified or altered except by amendment
signed by the Consultant and Lodi.
SECTION 29 - SPECIAL PROVISIONS
Participation by Poreign Contractors and
Subcontractors: Lodi will not consider for Award any bid
proposals submitted by any contractor, and will not consent to
subletting any portions of the contract to any Subcontractor, of
a foreign country during any period in which such foreign country
In listed by the united Statea Trade Representatives as
discriminating against u.s. ririas in conducting procurements for
public works proje+ctc:.
9
MAY—W-1994 12 * 29 916 92'78 (24 P. 10
1
Fray ; PME No. : 916 9278784 may.83 1994 1:51PM P11
d1sorisinating against U.Q. firms in conducting procumremeets for
public storks projects.
Unless otherwise noted by the united States Trade
Representativo. the country of Japan shall be dossed to be listed
as discriminating against U.S. firms in conducting procurements
for public works projects.
Wnr the purpose of this speoial provision, arm
oontractor or subcontractor who is a citizen or national or a
foreign ocumntry or is controlled directly or indireutly by
citizens or nationals or a foreign country, shall be considers!
to be a contractor or subcontractor of such foreign counis7.
The Consultant, under penalty of perjury, certifies
that, except -as noted'below, he or any person associated
therewith An the capacity of owner, partner, director, officer,
or manager is not currently under suspension, debarment,
voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended debarred, volummtarlly
excluded or determined ineligible by any federal agency within
the past three (1) years; does not have a proposed debarment
pending; and has not been indicted, convicted or, had a civil
judgement rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misoonduct
within the past three (3) years.
IN WITNESS WHOMOP, the Parties hereto have Sado and
executed this Agreement.
CATB:
DATX m
City of Lodi
8y
Selena Harlow, Public Transportation
Marketing consultant
to
MAY -03-1994 12:37 916 92-1 ? P.11
Fram PHUE No. : 916 92787U4
Ma%j.83 1994 1:45PM Pe2
SEI.ENA DARLCII - WDLYC TRANSIT MAft1Ql INC 0008UMAXT
OONSULTING SERVICES AGRIEN:N'P
This Agsremert is between Bolem Barlow, doing business
as Selena Barlow, rmblia Transportation Marketing Conoultaut,
hereinafter referred to as "consultants and city of Lodi,
horoinartor rotorrod to as "Lodi".
WITNNSSITHI
SECTION 1 - ONCANI&ITION AND CONTE11T6
MAY -03-1994 12:31
SECTION 1 ORGANIZ►TION AND,CONT=NTM
SECTION 2 SCOPE OF CONSULTING BERVICM - DASIC
SECTION 1 BCoP'E OF CONSULTING 8E1mCEo
UNANTICIPATED JIDDITIONAL SERVICES
SECTION 4 TIME OF PERFORMANCE
SECTION S COMPENSATION
SECTION 6 COMPLIANCE MITA LAMS, RULES, REGULATIONS
SECTION 7 EBBIBITS INCORPORATED
SECTION 8 RESPONSIBILITY OF CONSULTANT
SECTION 9 RESPONSIBILITY OF LODI
SECTION 10 TERM
SECTION 11 - TERMINATION OF THIS AGREEMENT
SECTION 12 INTEREST OF OFFICIALS AND CONSULTANT
SECTION 13 SUCCESSORS AND ASSIGNS
SECTION 14 INDEPENDENT CONTRACTOR
SECTION 15 DISPUTE
SECTION 16 EQUAL EMPLOYMENT OPPORTUNITY
SECTION 17 DISADVANTAGED BUSINESS ENTERPRISE (DH8)
SECTION 18 TITLE VI COMPLIANCE
SECTION 19 SPECIFICATIONS
SECTION 20 PUBLICATIONS
SECTION 21 COPYRIGHTS
SECTION 22 INDEMNIFICATION
SECTION 23 INSURANCE REQUIREMENTS
SECTION 24 OWNERSHIP OF DOCUMENTS
SECTION 25 ACCESS TO RECORDS
SECTION 26 NOTICES
SECTION 27 JURISDICTION
SECTION 28 INTEGRATION
SECTION 29 SPECIAL PROVISIONS
916 9276764
2
Frain : PHD'E No. : 916 91278704 Ma% 103 1994 1:46QM P83
l'<++to�..t:••a «�WtMJM•r►,......t..Iwr.I• •k�i1M'�. - •/�k.wyL..+w:•�N....r1.i-'Iw'.icJ�,vNMt•kb�.
SECTION s - MOM of C0113VS11'I" 817MCES - S"Ict COMPLETICH
1. The Consultant agrees to perform all work necessary
to complete the services described in Exhibit A, p1:8CRIMION OF
Pt&YWT, scope OF WMX, (IrmD OVOTSK MAR1tWXNC
INPLEMITATiON PLAN AND PROMM) which to attached and inOorpe-
rated by reference as if set forth in fu11.
BSCTION 3 - COOPE OP CMBULTINO 6ItCRa - tMSMCIPATED
ATSOMONAL NZRVICEC
The Parties agroo tho project may require the Consul-
tant to perform or recurm the performance of related servioees, in
addition to those set forth in MMX]3IT A. in such an avant the
Consultant will advise Lodi, in advance, of the need for the
additional services, their cost, and, if appropriate, the
estimated time regnireet to perform them.
Upon a minimus of ten (10) days' written notice, Lodi
may modify the scope of basic services to be provided under this
Agreement. Upon receipt of such notice, the Consultant will
determine the impact on both time and compensation of such change
In scope and notify Dodi.
Upon agreemant between the Consultant and Lodi as to the
modifications of time and compensation, Lodi shall prepare an
amendment to this Agreement, describing ouch changes.
SECTION 4 - TALE OF PERFOrd4MCE
The Consultant will complete the tasks as indicated in
BXKIBIT A, DESCRIPTION OF PROJECT/SCOPE OF WORK, or as soon
thereafter as possible.
SECTION 5 - COMP$NSATION
The Consultant will submit an invoice to Lodi showing
professional services and direct expenses for each project. Lodi
shall pay the Consultant within thirty (30) days after the
invoice is mailed.
It is agreed the total compensation and reimbursement
to be paid for those items described in Exhibit A, DESCRIPTION OF
PROJECT, hereunder shall be the sum of thirteen thousand dollars
($13,000.00) for the services to be performed by the Consultant.
SECTION 6 - COMPLIANCE WITH LAWS, ROLES, REGULATIONS
The Consultant will perform the services in compliance
with all applicable Federal, State, or local laws, rules, and
regulations.
2
MAY -03-1994 12.32 916 924B'7B4 P.03
Frac : PME No. 916 9279784 Ma% 03 1994 1:46PM Pao
Bad.iZCK 7 — TBZTB I CORP RAWD: .
JJ All exhibits referred to in this Agreement aro attached
and incorporated by reteronao.
8EC'i'zON • - A88PONSIHILM OF CONUUM"T
The Consultant possesses, or will arrange to secure
from others, all of tho nooessary pretese
sional consulting
capabilities, experience. reseuroseand faailities roessary to
provide to Lodi the services specitiod in this Agreement.
set:'PZON 0 - MWPONSSBIL=TY OF Lodi
Lodi shalls
A. Assist the Consultant by providing hips with all
available information requested, including but not limited to
previous reports.
H. Cuarantoo access to and make all provisions for the
consultant to enter upon public and private property, as the
consultant deems necessary.
C. Examine all studios, reports, proposals, and other
documents presented by the Consultant and render pertinent
decisions within a reasonable time so as not to delay the Consul-
tant's performance of service.
D. Designate in writing a person to act as Lodi•s
representative relative to all work to be performed under this
Agreement. such person shall have complete authority to transwit
instructions, recoive information. and interpret and define
Lodi►s policies and decisions with respect to materials,
equipment, elements, and systems relative to the consuitant's
services.
Z. Furnish approvals and permits from all governmental
authorities with jurisdiction over the project and such
approvals and consents from others as may be necessary for
completion of the project.
SECTION 10 - ?ERT!
The term of this Agrsement shall commence January 14,
1994, and shall and upon completion of the work by the consultant
and payment of Consultant by Lodi.
3
MFVY-93-1994 1233 916 9278784P.04
Frcm : PtM Hm : 916 9278704 Ma% 03 1994 1:47PM i'H1
631CTION 11 - TERMINATION OF THIS AMMMENT
This Agreement may be terminated by either party upon•
thirty (30) days' written notion to the other party. The
Consultant shall be paid in quantum mernit for services
performed, less payments of oompensation previously made.
It the Conoultant is prevented from performing his
obligationa under thio Agreement by any ocovirrenoe beyond his
control, he shall be excused from any further performance of his
obligations under this Agreement.
SECTION 12 - I1Pl'B BW OF OMCIMA AND OOHS=AMT
A. NO officer,. member, oresployeg oI Dodi or other.
public official who -participates in the review or approval of the
undertaking or carrying out of this Agreement shall:
1. participate in any decision relating to this
Agreement which affects his personal interest or the interest of
any corporation, partnership, or association in which he has,
directly or indirectly, any interest.
2. Have any interest, direct or indirect, in this
Agreement or the proceeds thereof during the term of this
Agreement and for one year thereafter.
H. No member of or delegate to the United States
Congress or any Resident Commissioner shall share any benefits
/ arising from this Agreement.
C. At the time of the execution of this Agreement, the
Consultant neither has an interest in nor shall be acquire any
interest in the future, direct or indirect, which would conflict
with the performance of services pursuant to this Agreement. The
Consultant will hire no person having such an interest in the
performance of this Agreement.
SLCTION 13 - sVCCE8sORs AND Assrciis
This Agreement shall be binding upon and shall inure to
the benefit of any successors to or assigns of the Parties.
SECTION 14 - INDEPBNDENT CONTRACTOR
The Parties agree that their relationship under this
Agreement is that of an employer and an independent contractor.
The Consultant shall be solely responsible for the Conduct and
the control of the work performed under this Agreement. The
Consultant shall be free to render consulting services to others
during the terga of this agreement.
4
MAY -03-1994 12:33 916 9278784 P.05
Frcm : PILNE No. : 916 92MG4 May.83 1994 1:4ePM P86
1
SECTION 15 - DIRPUTR
W
Any dispute not resolvable by intormal arbitration
between tho Parties to this oontraat May be adjudicated under the
laws of the state of California, in Baorasento County.
sBCTION 16 - RMAL ENPLOYMENT osl0WtMTV
In connection with the execution of this Agreement, the
Consultant shall not discriminate against any subcontractor
because, of race, religion, color, now, or national origin. she
Consultant shall comply with Executive order 11240, entitled
e=qual amploymant opportunitya as amended by Executive order
11375, and as supplemented in Department of Labor Regulations (41
CFR Part 60),. the California lair Empioymont and Housing Act, and
any other applicable rederal and State taws and regulations
relating to equal employment opportunity.
SECTION 17 - DISAWARTMED BUSIVIS9 ENTERPRISE (DBE)
It is the policy of the Lodi that disadvantagod
business enterprises, as defined in 49 CPR Part 23, shall have
the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under
this Agreement. Consequently, the DBE requirements of 49 CYR
Part e,3 apply to this Agreement.
Tho Consultant agrees to ensure that disadvantaged
./ business enterprises as defined in 49 CMR Part 23 have the
maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with
Yederal funds provided under this Agreement. In this regard, the
consultant shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that DB$•s have the
maximum opportunity to compete for and perrorm contracts. The
consultant shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of Department
of Transportation (DOT) contracts.
SECTION 18 - TITLE VI COMPLIlxcE
The Consultant shall comply with Title v1 of the Civil
Rights Act of 1964, as amended, and with the provisions contained
in 49 CFR Part 21 through Appendix C and 23 CFR 710.405(b).
During the performance of this Agreement, the
Consultant, for itself, its assignees and successors in interest,
agrees as follows:
i
5
W: -03-1994 12:34 916 9'78784 P.06
Fran : F 0E hm : 916 ` VO704 May. 03 1994 1:4E>PM F07
1. Compliance with Regulations The Consultant shall
comply with the Requlatiens relative to nondiourimination in
federally-aaaistsd progress of the DoT, Title 49, code of federal
Regulations, Part 31, as they say be amended rrem time to time
(hereinafter referred to as the Regulations, wbiob ass
incorporated by reference.
S. Mondiscriminatione weiative to the work performed
pursuant tq this Agreement, the consultant shall not discriminate
on thegrounds of race, religion, color, sex, age or national
origin rn tho selection and rotontion or suboontractors,
Including procurement of materials and bases of equipment. The
donwultant shall not participate either directly or indirectly in
the discrimination prohibited by lection 21.5 of the Regulations,
including employment practices when the Agreement covers a
program set forth in Appendix B of the Regulations.
3.-- Solicitations for Subcontractors, includinq
Procuremeht of Materials and rquipmonts in all solicitations by
the Consultant for Mork to be performed under a subcontract,
including procurement of materials or leases of equipment, the
Consultant shall notify each potential subcontractor or supplier
of the Consultants obligations under this Agreement art the
Regulations relative to nondiscrimination on the grounds of race,
religion, color, sex, age or national origin.
4. Information and Reports The Consultant shall
provide all information and reports required by the Regulations
' or directives issued pursuant thereto, and shall permit access to
its books, records, accounts, other sources of information, and
its facilities as nay be determined by Lodi or the Federal
Transit Administration (PTA) to be pertinent to ascertain
oomplianoe with such Regulations, orders and instructions. Where
any required information is in the exclusive possession of
another who fails or refuges to furnish this information, the
Consultant shall so certify to Lodi or the FTA, as appropriate,
and shall state the efforts he has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of the
Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, Lodi shall impose such contract sanctions as
it or the PTA may determine to be appropriate. ineludinq, but not
limited to:
a. withholding of payments to the Consultant under
this Agreement until the Consultant complies, and/or,
b. Cancellation, termination, or suspension of the
Agreement, in whole or in part.
MAY -03-1994 12:35 916 92'9('64 P•07
Fran : MUNE Na : 916 927D704 May. 03 1994 1:49M FW
1
i
MAY -93-1994 12 35 916 9278784 P.08
6. Incorporation of ps'ovioiones fte tbnsultant when
include tha provisions of paragraphs (1) thsvuyh (S) of this
section in ovary subcontract, including psoaurrsent or materials
and leases of equip mnt, unless txgpt by the Regulatic" or
directives issued pursuant thereto. The Consultant sAall take
suck action with respect to any subcontract or procurement as
T-ndi or the PTA may direot as a seers of ehforcing such
provisions including &¬ions for ne-an mplianos. however, in
the event a contractor becomes involved in, or its thrsetenid
with, litigation with a suboontraotor our supplier as a result oZ
such direction, the Conuultant way request Lodi to enter into
such litigation to protect tho interests of Lodi, and in
addition, the Consultant may request the united states to enter
Into such litigation to protect the interests or the United
states.
7. Civil Rightae All sabcontradts awarded by
contractors shall contain provisions requiring cmpliance with
Title VI of the Civil Rights Act of 1964, as amended.
Accordingly, 49 CFR Part 71 through Appendix C and 23 CPR
710.405(b) shall be made applicable by reference in all
subcontracts financed in whole or in part with Federal funds.
SECTION 19 - SPECIFICATIONS
All specifications, manuals, standards, *too, either
attached to this Agreement or incorporated by reference, are
daemad to be the issue in atteet as of the date of this Agreement
and are binding an to the performance of the work specified in
this Agreement unless they are changed by written amendment to
this Agreswent.
SECTION 20 - PUBLICATION
A. The Consultant shall not make available to any
individual or organization any report, information, or other data
given to, prepared by, or assembled by the Consultant relative to
this Agreement, without the prior written approval of Lodi.
B. Any and all reports published by time Consultant
shall acknowledge that it was prepared in cooperation with Lodi
and the FTA.
C. The Consultant shall Include the following
statement in the forward, preface, or footnote of any articles,
reports, or works reporting on the services of this Agreement or
on portions thereof which are published by consultant:
"The contents of this report reflect the views of the
author who is responsible for the facts and the
accuracy of the data presented herein. The contents do
not necessarily reflect the official views or policies
i
MAY -93-1994 12 35 916 9278784 P.08
Frcm Ptac Hm : 916 9278704 May.03 1994 1:50PM P09
of Lodi or the PTA. This report doss not constitute a
stmndard, specification, or regulation."
SNCTION 21 - INDEMNIFICATION
The Consultant will hold Lodi and officer* harmless of
and tree from any and all liabilities which might arise out of or
relating to this Aeireement. Should Lodi or any of its officers
he named in any suit, or should any claim bo made against it or
any of thea by suit or otherwise, whether the same may be
groundless ar not, arising out of or relating to this Agreement,
the Consultant will defend and indemnify Lois ane its otrieers
for any judgment rendered against then or any stems paid out in
settlement or otherwise.
SECTION 22 - INSURANCE
The Consultant agrees to obtain and maintain liability
insurance in the amount of five hundred thousand dollars
($S00,000) for the term of this Agreement.
SECTION 23 - OWAERSUIP OF DOCUMENTS
Original documents, methodological explanations,
computer programs, drawings, designs, and reports generated by
this Agreement shall belong to and became the property of Lodi in
accordance with accepted standards relating to public work
"1 contracts. Obtaining or producing additional copies, not
otherwise provided for herein, shall. be the responsibility of
Lodi.
SECTION 24 - ACCESS TO RECORDS
The Consultant and its subcontractors shall maintain
all books, documents, papers, accounting records, and other
evidence pertaining to costs incurred, and make such materials
available at their respective offices at all reasonable times
during the contract period and for three years from the date of
final payment to Consultant. Such materials shall be available
for inspection by authorized representatives of Lodi, or the
copies thereof shall be furnished if requested. The comptroller
General of the United States,or any of their authorized
representatives, shall have access to any books, documents,
papers, and records of the Consultant which are directly
pertinent to this Agreement, for the purpose of making audit,
examination, excerpts, and transcriptions.
8
MRY-03-1994 12:36 916 92i rE4 P•09
Frcm MME No. : 916 91278784 Ma%03 1994 1:51PM P10
0 SECTION 25 - NOTIC39S
Any notices required to be given purruant to this
Agreement shall be deemed to have been given by their deposit,
postage prepaid, in the United States postal Service, addressed
to the Parties as follows:
a. Ta: Mr. Jerry Glenn
Assistant City Managor
City of Lodi
221 Meet Pine Rtrezest
Lodi, California 95241-1910
b. To Consultant: Selena Harlow
Public Transportation.
Xarketinq Consultant
1638 E. Lester
Tuscan, Arizona 85739
Nothing horoinabove shall prevent either Lodi or the
Consultant from personally delivering any such notices to the
other.
SECTION 26 - JURISDICTION
This Agreement shall be administered and interpreted
under the laws of the State of California. Jurisdiction of
� litigation arising from this Agreement shall be in California, in
Sacramento County. If any part of this Agreement is found to be
in conflict with applicable laws, ouch part shall be. inoperative,
null and void insofar as it is in conflict with said laws, but
the remainder of the Agreement shall be in full force and effect.
SECTION 27 - INTEGRATION
This Agreement represents the entire understanding of
the Consultant and Lodi as to those matters contained herein. No
prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder. This
Agreement may not be modified or altered except by amendment
signed by the Consultant and Lodi.
SECTION 28 - SPECIAL PROVISIONS
Participation by Foreign Contractors and
Subcontractors: Lodi will not consider for award any bid
proposals submitted by any contractor, and will not consent to
subletting any portions of the contract to any subcontractor, of
a foreign country during any period in which such foreign country
is listed by the United States Trade Representatives as
9
MAY -03-1994 12:37 916 9276784 P.10
Fran : F'1UE No. 916 9278764 May.83 1994 1:45PM P81
Unless otherwise noted by tho United States Trade
Representative, the country of Japan shall be deewad to be listed .
as discriminating agatnet U.B. firs& in aonduoti.rg psovurewents
for public works projwatn.
For the purpose of this Special Provision, any
contractor or subcontractor who is a citizen or national of a
foreign country or is controlled directly or indirootly by
citizens or nationals or a foreign country, shall be considered
to be a contractor or ouboontractor of such foreign country.
The Consultant, under penalty of perjury, aortifiea
that, except as noted 2solow, he or any person associated
therewith in the capacity or owner., partner, director, officer,
or mannger is'not.currently under,suapension, debarment,
voluntary exclusion, or determination of ineligibility by any .
federal agencyt has not been suspended debarred, voluntarily
excluded or determined ineligible by any federal agency within
the past three (3) years., does not have a proposed debarment
pending; and has not been indicted, convicted of, had a civil
judgement rendered against it by a court of competent
jurisdiction in any matter involving fra,:.d or official misconduct
within the past three (3) years.
IN WITNESS WHEREOF, the Parties hereto have wade and
exeCuted tbits Agree mnt.
•D DATE:
.i
DATE:
City of Lodi
By
James E. Brown and Usoeiates
By
10
MAY -03-1994 12:31 S16 922776764 P.01
Frcm PHONE No. 916 9278784 May.03 1994 1:4381 PI1
Unless otherwise noted by the United States Trade
Representative, the country of Japan shall be deemed to be listed'
as discriminating against U.B. firms in conducting procurement=
for public works projoote.
For the purpose of this spacial Provision, any
contractor or subcontractor who is a citizen or national of a
forcign country or is oontrollod dirootly or indirectly by
citizens or nationals or a foreign country, shall be considered
to be a contractor or subcontractor of much foreign nountry.
The Consultant, under penalty of perjury, certifies
that, except as noted below, he or any person associated
therewith in the capacity of owner, -partner. director, officer,
or manager is not currently under suspension, debarment,
voluntary exclusion, or determination of ineligibility by any
federal agency; has not been suspended debarred, voluntarily
excluded or determined ineligible by any federal agency within
the past three (3) years; does not have a proposed debarment
pending; and has not been indicted, convicted or, had a civil
judgement rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct
within the past three (3) years.
IN WITNESS WHEREOF, the Parties hereto have made and
executed this Agreement.
DATE;
city of Lodi
BY
DATE:
James E. Brown and Associates
By
J
10
I
01
ti
ft
<< Interrupted Transmission >>
MAY -40-1994 12:29 916 9278784 P.11
Frcm PHOW No. : 916 W70704 Ma%W 1994 1:52PM P12
CrrY OF LODI
FIXED ROU M SYRMN MARKETING IWLEMENTApn()N PIAN AND PROGRAM
FAMOSONAL SERVI=- anduda QmEbt")
Sol*= Barlow ISO hums (to $50-00/hr. s 91000
0 m W, i, I .I9 , 0 3 11 z I .' I v -, ". I ku 4 E. F4 i 0 z �' I I
Submitted By.
Nnt 4t�:��x
Bariow
May 3. 1994
Wil -03-1994 12:3B 916 927EP84 P. 12
J
CrIT OF LODI
TASK 1: REVIEW PAST MAAWnNG ACnVMFA SURVEYS AND
RIDERSHIP PROFILE
Includes two days on-site in Lodi 32
TASK 2: IDENTIFY TAR013T MARKET SEGMENTS 8
TASK 3: DEVELOP UKAvr MARKETING PLAN 40
TASK 4: PRESENT MARKETING PIAN
Includes two days on-site in Lodi 16
TASK 5: PREPARE MARK ?"MG MATERIALS So
TASK 6: FINALIZE, MARKETING PLAN 4
TOTAL ESTIMATED HOURS ISO
MAY -03-1994 12:3B 916 9278784 P.13