HomeMy WebLinkAbout2019-08-20; City Council; Resolution 2019-138RESOLUTION NO. 2019-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH URBANTRANS NORTH
AMERICA TO PROVIDE PROFESSIONAL TRANSPORTATION DEMAND MANAGEMENT
CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $199,000 ANNUALLY FOR
A TERM OF TWO YEARS.
WHEREAS, on September 22, 2015, the City Council of the City of Carlsbad approved Resolution No.
2015-244, approving the Climate Action Plan (CAP) which aims to reduce communitywide greenhouse
gas emissions (GHG); and
WHEREAS, Measure K-1 of the CAP required the adoption of a citywide transportation demand
management Plan (TDM) detailing a mix of strategies to reduce travel demand of single occupancy
vehicles; and
WHEREAS, on February 26, 2019, the City Council of the City of Carlsbad approved Resolution No.
2019-024, approving a citywide TDM plan and authorizing the issuance of a Request for Proposals (RFP) for
consultant services to implement the transportation demand management program; and
WHEREAS, a request for proposals for professional TDM services was i sued in March 2019 and on
March 29, 2019 a total of one (1) proposal was received; and
WHEREAS, four (4) city staff members participated on the selection committee and evaluated the
proposal using criteria outlined in the RFP and rated UrbanTrans North America as a qualified and expert
professional services provider who will meet the city's needs and address the city's goals and objectives;
and
WHEREAS, payments made to contractor for said TDM services shall be funded from the
Community and Economic Development Department operating budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the professional services agreement with UrbanTrans North America is hereby
approved (Attachment A).
3. That the Mayor is hereby authorized and directed to execute the professional services
agreement with UrbanTrans North America in an amount not to exceed $199,000
annually for a two year contract term.
August 20, 2019 Item #2 Page 5 of 26
4. That the city manager is authorized to extend the agreement for a period of up to three
one year terms, in an amount not to exceed $199,000 per agreement term.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 20th day of August, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Bhat-Patel, Blackburn, Schumacher, Hamilton.
None.
Hall.
1:0~/tfu)c:1 ~ ?" MATTALL, Mayor
.~JhrL111~
1;81--B-ARBARA ENGLESON, City Clerk (SEAL)
August 20, 2019 Item #2 Page 6 of 26
PROFESSIONAL SERVICES AGREEMENT FOR
TRANSPORTATION DEMAND MANAGEMENT SERVICES
URBANTRANS NORTH AMERICA
THIS AGREEMENT is made and entered into as of thed I~ day of -""-'-~""1,,C.-""""'_,__
and between the CITY OF CARLSBAD, a municipal corporation, ("City"), an
America, a Colorado corporation ("Contractor").
RECITALS
A. City requires the professional services of a transportation planning provider that is
experienced in providing transportation demand management services.
B. Contractor has the necessary experience in providing professional services and
advice related to the transportation demand management plans and achieving quantitative
performance mode change for widely dispersed employee base.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work in accordance with the proposal.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OE WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANPARPOEPERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. !&BM
The term of this Agreement will be effective for a period of two years from the date first above
written. The Agreement may be extended by the City Manager for three (3) additional one (1)
periods or parts thereof by mutual agreement. Extensions will be based upon a satisfactory
review of Contractor's performance by the City, City needs, and appropriation of any necessary
funds by the City Council. The parties will prepare a written amendment indicating the effective
date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed shall not exceed three hundred ninety
eight thousand dollars ($398,000). No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. If the City elects to
extend the agreement, the amount shall not exceed $199,000 per agreement year. The City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work
and/or Services specified in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
August 20, 2019 Item #2 Page 7 of 26
6. STATUS Of CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INPEMNlflCAJION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable. The
parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes
to or on behalf of an injured employee under the City's self-administered workers' compensation
is included as a loss, expense or cost for the purposes of this section, and that this section will
survive the expiration or early termination of this Agreement.
1 o. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or
in connection with performance of the services by Contractor or Contractor's agents,
representatives, employees or subcontractors. The insurance will be obtained from an insurance
carrier admitted and authorized to do business in the State of California. The insurance carrier is
August 20, 2019 Item #2 Page 8 of 26
required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer
on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest
Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National
Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor
will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's
sole expense. The full limits available to the named insured shall also be available and applicable
to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
August 20, 2019 Item #2 Page 9 of 26
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's
execution of this Agreement, Contractor will furnish certificates of insurance and
endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS UCENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under
this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All reports and operational data in relation to the services provided under Exhibit "A" produced
by Contractor or its agents, employees, and subcontractors pursuant to this Agreement ("work
product") is the property of City. In the event this Agreement is terminated, all work product
produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1)
copy of the work product for Contractor's records. For the avoidance of doubt, 'work product'
does not include any of Contractor's proprietary technology or any updates, modifications,
improvements or customizations to the same, whether carried out during the term of this
Agreement or otherwise.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise in work product will be vested in City and
Contractor relinquishes all claims to the copyrights in the work product in favor of City.
Contractor will retain all copyrights and other intellectual property rights in Contractor's
proprietary technology and any service-related metrics. City acknowledges and agrees that the
Contractor's proprietary technology is provided under license on the terms of the end user
license agreements and terms of service provided with or presented through the applications
or dashboards in connection with such technology and these terms will be binding on all users
of Contractor's technology.
August 20, 2019 Item #2 Page 10 of 26
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For City
Name Claudia Huerta
Title Village Manager
Community & Economic
Department Development
City of Carlsbad
Address 1635 Faraday Ave.
Carlsbad, CA 92008
Phone No. 760-602-4759
For Contractor
Name Aaron Gaul
Title Director
Address 811 Wilshire Blvd, # 1950
Los Angeles, CA 90017
Phone No. 310-929-5946
Email GaulA@UrbanTrans.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
16. CONFLICT Of INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all categories.
Yes[xl NoO
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are required
by this Agreement.
18. PISCRIMINATION ANP HARASSMENT PROHIBIIEP
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both parties.
The representative receiving the letter will reply to the letter along with a recommended method of
August 20, 2019 Item #2 Page 11 of 26
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City
Manager will consider the facts and solutions recommended by each party and may then opt to
direct a solution to the problem. In such cases, the action of the City Manager will be binding upon
the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by first notifying Contractor by certified mail of the
breach and providing a cure period of at least 10 days and if the cure is not provided in that time
frame, City may provide further notice of termination. Upon notification of termination, Contractor
has five (5) business days to deliver any documents owned by City and all work in progress to City
address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is
usable and of worth to City in having the Agreement completed. Based upon that finding City
will determine the final payment of the Agreement.
The City is a public entity that is subject to an annual budgetary appropriation process.
Notwithstanding any other provision of this Agreement, if funds for the continued fulfillment of this
Agreement are, at any time, not forthcoming or insufficient through failure of the City Council to
appropriate funds or otherwise, the City may terminate this Agreement upon thirty (30) days
written notice and with no penalties.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUIJS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made with
deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
August 20, 2019 Item #2 Page 12 of 26
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the applicable purchase order and documents incorporated by reference will supersede any
conflicting terms of this Agreement. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties.
August 20, 2019 Item #2 Page 13 of 26
26. AUJHOBIIY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
co~SL By:
0:~,
Aaron Gaul, Board Vice President
(print name/title)
By:
(sign here)
Matthew Kaufman, Board Treasurer
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By1& ~bkL
$('Matt Half. Mayor
ATTEST:
\ b1mu1so.lla!JJ1~
-kr(\..BARBARAENGLESON
I/' City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group a
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. B~EV'JEr;y~orney
BY: __ l_W _______ _
Assistant City Attorney
August 20, 2019 Item #2 Page 14 of 26 August 20, 2019 Item #2 Page 14 of 26
EXHIBIT "A"
SCOPE OF SERVICES
UrbanTrans North America as Contractor, agrees to complete the following scope of services for
professional transportation demand management (TOM) consultant services in accordance with
the city's Citywide TOM plan.
Task 1: Project Management and Quality Assurance
Invoiced as Percent Complete of Lump Sum
Contractor will develop a project management and quality assurance process. This will ensure
clarity of expectations, maintain vital timelines, transfer valuable institutional knowledge, and
ensure all project goals are met on time and on budget. Project management efforts will include:
• Kick-off meeting designed to elaborate upon city goals, special considerations, risk
mitigation efforts, approval processes, timelines, existing data collection inventory, and
unique circumstances to aid in facilitating the project and to build momentum.
• Create project Gantt charts that are purposefully updated on a recurring basis throughout
the course of the project. These visualized project task roadmaps will help the city's project
manager, the contractor project manager, project team members, and stakeholders
maintain the course.
• Schedule quarterly "pulse check" meetings with the city's project manager/team to ensure
the project strategies are working towards and achieving the objectives, mitigating any
risks, and capitalizing on any pivot points. These will occur every three months in-person
(or teleconference if requested by the city) and the Contractor will prepare core project
updates, facilitate key decision points, and updated project priorities.
• Monthly Progress Reports -Contractor will provide a monthly progress report outlining key
progress towards each scope item and in accordance with the city's project manager
ensure an explicit project structure, process and appropriate project tools.
Task 1 Deliverables include:
• Kick-off meeting and presentation materials
• Weekly meetings with materials for at least the first three months/pre-launch of voluntary
program
• Quarterly pulse check meetings with materials after launch of voluntary program
• Monthly progress reports & invoices
• Quarterly Project Gantt charts (per project year)
Task 2: Review Existing TDM Ordinance, Research, and Resources
Invoice as Percent Complete of Lump Sum
Contractor will create a data collection process that features:
August 20, 2019 Item #2 Page 15 of 26
Background Information Matrix: Include data from TOM efforts in Carlsbad and regionally.
The matrix will summarize core themes; identify goals/objectives/task, target completion dates,
interrelated efforts, associated resources, and other vital details. Documents will include, but
not be limited to city's Climate Action Plan, TOM ordinance, TOM handbook, Sustainability
Mobility Plan, TOM blueprint plan (underway), TOM website, and SANDAG's recent TOM
service adjustments.
Data Visualization: Collect and develop a series of data visualizations to aid issue
identification and decision making. During the background and information review the
Contractor will collect visualized data that may include maps that show employer clusters,
employee travel patterns, residential density, and transportation networks. The Contractor will
also identify infographics that show transportation information and goals. Gaps in key
information will be identified and applicable visualizations will be made by the Contractor.
While the Contractor will focus on visualization at the start of the project, it will remain a
continuous focus of their efforts. This focus will show the program's foundational context and
continued story to varied audiences.
The review will occur in coordination with city staff to assure that all applicable ordinances, plans,
research, and resources are included. The city agrees to share relevant data such as business
license list data. The matrix and visualization documents will be provided to the city for comment,
and the Contractor will make applicable edits based on consolidated comments provided by the
city.
Task 2 Deliverables
• Draft background information matrix
• Draft visualizations (at minimum 8)
• Final background information matrix
• Final visualizations
Task 3: Explore Feasibility of Expanded TDM Program
Billed as Percent Complete of Lump Sum
Following the review of the existing TOM ordinance and city efforts that relate to, support, and
align with the TOM program, the Contractor will coordinate with City and stakeholders to
determine feasibility to expand TOM programming.
In the first year of the program, the Contractor will leverage the city's efforts to date surrounding
Safe Routes to School to review opportunities coordinate a pilot project into TOM programming.
This includes reviewing/advising on pilot project concepts and design, and including pilot program
results into TOM reporting for Year 1.
In Year 2 of the contract, the Contractor will provide high-level advisory assistance as needed
surrounding TOM integration to HOAs and community districts with further direction and definition
of those terms by City Council following the presentation of Year 1 results.
August 20, 2019 Item #2 Page 16 of 26
Task 3 deliverables include:
• Inclusion of Safe Routes to School pilot program results into TOM reporting for Year 1.
• As needed advisory assistance regarding HOAs and community district TOM integration
Task 4: Establish Stakeholder Advisory Committee
Billed as Percent Complete of Lump Sum
The Contractor will develop, facilitate, and maintain a stakeholder advisory committee to help the
city achieve multiple TOM goals. They will ensure committee participation is easy, enjoyable,
valuable, and transparent. The City will assist the Contractor to leverage the stakeholders and
momentum established recently from the Sustainable Mobility Plan process to prioritize
stakeholder interviews and advisory committee membership.
To ensure Carlsbad builds a high-performing TOM program, the Contractor will deploy active
listening throughout all phases of the Advisory Committee development, facilitation, maintenance,
and growth. The Contractor will include trained facilitators and strategic planning experts to
conduct the following:
Execute Priority Stakeholder Interviews: The Contractor will work with the city to establish a list
of recommended priority stakeholder interviews and recommended stakeholder inputs. Upon
finalization of this list, the Contractor will facilitate one-on-one discussions with up to 12 new
stakeholders throughout the contract.
Establish an Advisory Committee Framework: A TOM advisory committee will require iterative
phases that prioritize the types of members based on organizational development criteria. The
Contractor will develop a framework document that will outline how the committee will function,
inputs/outputs it will generate, and facilitation methods over the course of two years. This will
include committee roles and responsibilities and the development of a memorandum of
understanding for participants. We will also update this framework throughout the project, as it will
likely and purposefully evolve during that time.
Transition Members and Facilitate Meetings: Based on findings from stakeholder interviews,
the Contractor will generate a final list of priority advisory members for the Contractor to recruit.
This effort will include an initial focus for founding membership and then ongoing recruitment
throughout the course of the project.
The Contractor will establish a calendar of events for committee meetings, manage meeting
logistics (location, refreshments, invitations, etc.), develop content and facilitate each meeting.
The Contractor will summarize each meeting with minutes including actionable next steps. This
includes all direct expenses associated with the meeting.
Research expansion of provision of TOM services by forming a TMA: This analysis will
examine the feasibility of forming a TMA to serve the organizations covered by the ordinance or
voluntarily participating in the program. The TMA feasibility will be based on how an area scores
with regards to criterion organized into four core areas: transportation challenges, area
August 20, 2019 Item #2 Page 17 of 26
characteristics, stakeholder commitment, and financial sustainability. The feasibility analysis will
be informed by existing conditions, stakeholder meetings, and an investigation of potential
partnerships and funding sources.
Task 4 deliverables include:
• Committee framework document (roles and responsibilities, schedule, format, and goals)
• Committee memorandum of understanding
• Stakeholder interviews (at minimum 12 Stakeholders)
• Meeting coordination and facilitations (at minimum 6 advisory committee meetings)
• TMA formation high-level analysis and recommendations
Task 5: Update Framework and Monitoring Structure for TDM Program
Billed as Percent Complete of Lump Sum
Task 5.1 Gather Baseline Data
The Contractor will review the mode-share baseline data for employees working in the City of
Carlsbad including current data from the 2006 to 2010 American Community Survey 5-Year
Estimate and the new ACS 5-year data set covering 2012 to 2016 that was released on March 31,
2019. They will review this new data set and compare them to data sets available from SANOAG.
The Contractor will also identify other sources of data and their limitations to help understand the
TOM program impacts. The nexus between TOM strategies and data sources varies, and will be
considered as a part of the analysis.
In addition, the Contractor will consider how surveys conducted at properties mandated to
implement TOM programs can be used to understand program impacts and how those vary based
on geography within Carlsbad. While these surveys are likely to be a significant and beneficial
data source in time, their immediate benefit is limited due to the lack of properties covered by the
TOM ordinance.
The baseline analysis will result in a final agreed up existing baseline data set for use throughout
this project.
Task 5.2 Develop Evaluation Framework
The Contractor will use data from Task 5.1 along with input from the city's project management
team, the stakeholder advisory committee, and guidance from planning and policy documents to
select data sources to track TOM program results. This effort will consider the cost and resources
necessary to collect the data versus the available funding and staffing to collect and monitor data.
It is anticipated that multiple data sources will be selected for ongoing tracking. As part of this task
it will be determined: (1) what will be measured; (2) how it will be measured; (3) when it will be
measured (frequency); and (4) how it will be tracked.
With a goal of regular data reporting, the Contractor will create a TOM evaluation dashboard as
part of this task that will include monitored metrics in a dashboard format. The dashboard will
August 20, 2019 Item #2 Page 18 of 26
include:
• Progress stages of voluntary businesses in the TOM program
• Number of active TOM Ordinance Plans (broken up by voluntary and mandatory)
• Number of ADTs covered by the program
• Total square feet covered by the program
• Date of specific activities
• Summary of notes, comments and conversations
• Permit number
• Amount of GHG reductions (TBD aggregate or individual)
• Percent mode share per employer (TBD aggregate or individual)
The form of the dashboard will depend on the data being tracked, desired functionality, and
budget. File sharing for this project will leverage the city's OneDrive site.
Task 5.3 Gap Analysis and Resource Development
Based on the results of the background information matrix, subtasks 5.2, expert consultant
knowledge, and input from the City, the Contractor will identify priority gaps in the existing TOM
resources. At the beginning of the contract the Contractor will conduct a thorough priority gap
analysis to identify key resources for development and prioritization of these resources in the initial
stages of the project. The Contractor will present these findings to the city and finalize agreed
upon resources for development. To the extent possible, methodology and data collection should
align with regional data efforts led by SANDAG so that local information feeds into regional
transportation analysis.
Task 5 deliverables
• TOM baseline data gathering and on-going methodology
• TOM dashboard and development review tracking
• Priority gap analysis
Task 6: Technical Review of Development Plans
Billed as Time and Materials
Contractor will review TOM plans submitted by developers for city approval and work with the
developer to ensure that the proposed plan is appropriate given the development context and
expected tenants. Contractor will also help ensure that the TOM plan is robust enough for an
individual development to meet the alternative mode share goals required to meet the city's GHG
reduction targets. Staff will work with the developer to finalize the plan and to make sure that the
developer fully understands the implementation details to avoid lack of compliance in the future.
In parallel with reviews, the Contractor will develop additional guidance to be incorporated into the
TOM handbook where needed. The Contractor and the City will ensure that the TOM handbook's
content is maximized for applicability across all developer mandated TOM plans and associated
contexts, identify future phased iterative reviews, and suggest content updates to the handbook
and protocols based on interrelated tasks within this scope of service.
August 20, 2019 Item #2 Page 19 of 26
City will establish a shared digital platform where Contractor will input detailed interactions with
TOM plans in review, direction provided to development applicants, dates of relevant interactions
and an overall status of each TOM plan.
The Contractor, in coordination with city staff, will establish a time reporting process that will
monitor the amount of resources associated with all aspects of the TOM plan review, including
analysis, communication with developers, and plan approval. This time tracking will be sufficient
for utilization in a potential fee structure that complies with state and federal regulations for
development related fees. The Contractor will work with city staff to investigate the feasibility and
structure of a TOM plan fee that could be implemented to cover administrative expenses related to
the program.
Task 6 deliverables
• Review and create all associated documents in accordance with the TOM handbook and
developer process, including detailed updates of the feedback provided to project
applicants
• Detailed development review platform of interactions with applicants that is accessible to
Contractor and City staff
• Time and activity reporting resource estimations
• Cost structure for development reviews
Task 7: Ongoing Monitoring of Approved TDM Plans
Billed as Percent Complete of Lump Sum
To monitor compliance with approved TOM plans over time, the Contractor will ensure that
developments comply with the requirements, including review of infrastructure-based strategies
during pre-occupancy inspection, periodic follow-up with the development's TOM contact to
ensure that programs are being implemented, and assistance to developers with required baseline
and follow-up survey efforts and reporting. A standardized commuter survey, compatible with
regional TOM efforts like iCommute, will be created to ensure consistency in data collection and
accuracy of reporting. In addition, a reporting process will be identified that meets the city's overall
Climate Action Plan reporting goals.
The Contractor will develop a tracking system that will ensure that developments comply with their
reporting schedules. The system will include information on the TOM strategies and infrastructure
that a development committed to, the mode split goal for the development, permit data, reporting
requirements, contact information, and results from reports. The system will likely be hosted in the
cloud to allow access by City of Carlsbad planning staff. It is anticipated that it will be built using a
cloud-based database, such as Airtable.
The tracking system will be used to remind developers of reporting deadlines and identify and
follow up with those who fail to participate in the process. When monitoring reports are submitted
by property managers/owners, the Contractor will review the results and work with those
August 20, 2019 Item #2 Page 20 of 26
developments that have not met their goals on ways to amend their plan to achieve compliance
going forward.
Results will be tracked over time, both by development as well as program-wide, and will feed into
the overall program evaluation and dashboard.
Task 7 deliverables
• Ongoing monitoring process
• Standardized survey instrument and guidelines
• Review and create all associated documents in accordance with the TOM handbook and
developer development monitoring process
Task 8: Existing Business Community Outreach for Voluntary Program
Billed as Percent Complete of Lump Sum
8.1 Identity
The Contractor will conduct a branding process in coordination with city communication staff to
develop a comprehensive identity system for the Carlsbad TOM program including a brand name,
logo, tagline, brand guidelines, target audience overview, and core marketing objectives.
8.2 Annual Workplan
The Contractor will develop a draft workplan covering the following elements for this outreach
effort:
• Program Mission (static)
• Program Multi-Year Goals (moderately static)
• Program Services (updated annually)
• Program Staffing and Roles (updated annually)
• Program Objectives (updated annually)
• Program Strategies (updated annually)
• Program Metrics (updated annually)
• Advisory Committee (updated annually)
• Funding Source/Budget (updated annually)
Based on feedback from the city project team, the Contractor will finalize the inaugural workplan
and begin immediate implementation. Depending on the findings in Task 3, the stakeholder
advisory committee may play a role in the finalization of this document (either in both years or in
year two).
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8.3 Member Recruitment
The following showcase the strategies the Contractor will use to recruit and retain existing
business members.
Recruitment Plan and Execution: Based on previous task findings, the Contractor will generate
a high-level recruitment plan that targets priority organizations for membership. This plan will
target and identify employers by:
• First year focus on larger organizations that offer more opportunity to affect change via
critical mass
• Well-connected and leading organizations whose memberships can lead to prospects
such as chambers, human resource management associations, and/or industry leaders
• Organizations with household name recognition to showcase legitimacy by many
audiences
• Employers eager to participate or mandated to participate via developer plans
• Employers in high-priority areas based on geo-spatial analysis of infrastructure, transit
service, density, and other variables
Member Plans, Events and CRM: Each employer and developer member will require unique
approaches reflective of their specific worksite while also being provided efficient services/tools
that allow Carlsbad to achieve its measurable goals. A valuable and tangible product to guide
those approaches is the development of annual engagement plans that identify unique worksite
commuter attributes, strategies and campaigns to employ for behavior change, services provided
by Carlsbad, and measurable goals to achieve. These mini-plans will create engagement with the
member partner, focus the program's finite resources to the best of their ability, and create
measurable and achievable goals.
Member Evaluation: The Contractor will build evaluation into the membership plans and provide
appropriate tools and guidance to members. This work will be based in the monitoring plan in Task
5. This will include providing employer members with a survey tool/methodology, incentives, and
analysis support allowing the development and measurement of TOM programming at their site
while also allowing the Contractor to consolidate all evaluations into a city-wide measurement for
reporting.
8.4 Member Outreach and Marketing
To achieve the workplan goals and metrics, the Contractor will implement outreach and marketing
efforts including:
Campaign Management and Delivery: Efficient and effective delivery of the TOM programing
relies on leveraging existing regionally developed marketing/tools and maximizing custom
developed events/campaigns/services. Not all employers will utilize the annual regional
campaigns-such as Bike to Work Week/Day, Clean Air Month and California Rideshare Week,
but by providing access to these events throughout the calendar year, we ensure each employer
August 20, 2019 Item #2 Page 22 of 26
partner can participate in an event that is convenient and relevant to their specific needs. Based
on regional campaign dates and local custom opportunities, the Contractor will determine outreach
schedules and maintain an events calendar of when materials should be distributed, incentives
offered, modes of transportation promoted, and lobby or break room events set up, etc. The
Contractor will also host informational sessions as needed to inform members on transportation
changes happening near their site and engage members in facilitated, fun events to actively listen
to the employer and their commuters' needs.
Program Toolkit: The Contractor has found incredible efficiencies in the development and
maintenance of toolkit materials. The idea being that an effective TOM brand will have an umbrella
kit with customizable content pieces that vary among the target audiences such as: employers,
developers, stakeholders, press, advisory committee, clients, and others. As well, as content for
sub-audiences at scientifically proven "change moments" such as new orientation kits, new
resident kits, and other moments are the types of valuable content that the Contractor will build for
the program.
Annual Champion Celebration and Designations: The Contractor will host an annual meeting,
inviting all existing employer/property manager/stakeholder members to discover inspiring insights
from our international best practices of similar commuter programs, share best practices, be
celebrated for their efforts, network, and identify how to improve their existing program. This could
be combined with a recruitment meeting to attract prospective members. This event will be
designed to become an annual event for members to ensure brand awareness, inspire
participation increases, reward member participation, meet requirements, and recruit new
members. The celebration should calibrate awardee criteria with those of the larger region to
highlight Carlsbad's contribution to the regional transportation network.
Marketing Materials and Outreach Events: The Contractor will help facilitate annual events
including Bike to Work day events and Rideshare Week on behalf of the city and the TOM
program.
Digital Marketing: The Contractor will facilitate the development of account content, identify
metrics for usage, and manage all social media and electronic marketing content. Digital
strategies will be finalized in the workplan and based on final services.
Task 8 deliverables include:
• Annual workplans
• Brand identity system
• Recruitment plan including target member goals
• Marketing and outreach activities identified in the annual workplan
• Employer toolkit
• Rideshare Week and Bike to Work annual event facilitation
• Completed engagement plans by member companies
August 20, 2019 Item #2 Page 23 of 26
Task 9: Program Monitoring and Maintenance
Billed as Time and Materials
The outcomes from Task 4 will provide the process to monitor and maintain the TOM efforts for
Carlsbad. These consolidated efforts include the following core subtasks.
Task 9.1 TOM Program Monitoring
Ongoing outputs the Contractor will conduct in the TOM monitoring of the program include:
• Dashboard: Ongoing management, inputs, and exports of the TOM Dashboard as
needed (ex: addition of employer partner survey results) including at minimum a
monthly cohesive update and discussion with Carlsbad project team. This will
showcase inputs, outcomes and associated impacts.
• CRM: Management and updates to the CRM as needed (ex: new employer partner
recruited) including at minimum a monthly cohesive update and discussion with
Carlsbad project team. This will reveal key stakeholder contacts, communication
efforts/results, partnerships, memberships and program network.
• Participation: Depending on what tools, services, and other commuter services
deployed, the Contractor will monitor participation in each and report back metrics such
as reach, participation rates, data recency, behavioral impacts, and overall outcomes.
• Survey Schedules, Response Rates, and Behavior Change: The Contractor will
collect data as directed in previous Tasks and ensure surveys for mandated and
voluntary programs are conducted on time, with the prescribed confidence levels, and
are measuring change in behavior. This will result in key inputs for the Dashboard and
CRM.
Task 9.2 Project Year in Review and Recommended Next Steps
The Contractor will summarize the annual comprehensive TOM efforts in a digestible and valuable
manner to generate actionable next steps for this TOM program's evolution. This will include:
• Facilitated annual project debrief meeting: The Contractor will hold this meeting with
the Carlsbad project management team and/or advisory committee during where they
will present an overview of all the entire efforts conducted that year, lessons learned,
key successes and barriers, and recommended priority next steps. The Contractor will
also facilitate a dialogue to identify inputs from the Carlsbad project team and/or
advisory committee to identify forward-thinking opportunities and concepts for
consideration in the next year's efforts.
• TOM Program next steps: Based on the meeting and results to date, we will prepare
a brief document to succinctly capture priority considerations and next steps for
Carlsbad to achieve their TOM goals. This document will play a vital role in the TOM
program's second Annual Workplan and subsequent scopes of work.
August 20, 2019 Item #2 Page 24 of 26
Task 9.3 On-Call Technical Advisory Assistance
A key element of the project approach is to ensure that it is dynamic and reactive to the variables
at hand. With a two-year project, the Contractor will provide on-call/as needed technical advisory
assistance where TOM tasks and needs are identified and approved by the Carlsbad Project
Manager. This will allow the Contractor to flex resources for tasks with variability such as TOM
Developer Review -so if Carlsbad experiences an unforeseen flurry of developer applications and
thus requires additional effort, this subtask can fill that resource. Most often technical advisory
assistance varies based on external variables such as funding source changes, technology
advancements, and/or partnership changes. The value in this task is being able to address them
within the contract. Tasks could include:
• City's internal TOM program development
• Technology solutions and advisory
• Legal and best practice research
• Funding opportunities such as grant writing or research
• Facilitated presentations/meetings and presentation materials
• Best Practice reviews on key TOM topics
• Benchmarks and standard processes for consideration
• Addressing new services and/or regional coordination efforts
• Policy development and content
• White papers on key TOM topics
Task 9 deliverables include:
• Updates to TOM dashboard, including all key metrics and inputs identified
• Up-to-date data in CRM tool
• Annual meeting materials
• TOM program next steps memo
• Technical advisory assistance progress report and agreed upon outputs
August 20, 2019 Item #2 Page 25 of 26
Budget
Carlsbad 2-Year Budget
Task 1 Project Management $ 15,250 T&M
Review Existing TDM Ordinance, Research &
Task 2 Resources $ 12,500 Lump
Task 3 Explore Feasibility of Expanded TDM Program $ 7,500 Lump
Task 4 Establish Stakeholder Advisory Committee $ 18,000 Lump
Update Framework and Monitoring Structure
Task 5 for TDM Program $ 33,500 Lump
Task 6 Technical Review of Development Plans $ 36,550 T&M
Task 7 Ongoing Monitoring of Approved TDM Plans $ 23,000 Lump
Task 8 Outreach to Existing Businesses $ 230,650 Lump
Task 9 Program Monitoring and Maintenance $ 21,050 T&M
Total $ 398,000
The Contractor will provide Carlsbad with an updated hourly rate sheet upon award and maintain
an updated rate sheet throughout the course of the project.
August 20, 2019 Item #2 Page 26 of 26