CENTRAL OKLAHOMA TRANSPORTATION AND PARKING … · Company Inc. for Bus Shelters and Bus Stop...

_____________________________________________________________ CENTRAL OKLAHOMA TRANSPORTATION AND PARKING AUTHORITY (COTPA)

______________________________________________________________

Time: 9:00 a.m. Date: October 04, 2019 Location: City Council Chambers 200 North Walker

Oklahoma City, Oklahoma TRUSTEES: Chris Kauffman, Chairman Bernard L. Semtner, III, Vice Chairman Kay Bickham James Cooper Brent Bryant David Greenwell David Holt Steve Hill, Surrogate Trustee Craig Freeman, City Manager

Laura Johnson, Surrogate Trustee

COTPA Offices, 2000 S. May Ave., Oklahoma City, Oklahoma 73108 ____________________________________________________________

It is the policy of COTPA to ensure communication with participants and members of the public with disabilities are as effective as communications with others. Anyone with a disability that would like to participate in the meeting but requires an accommodation, modification of policies/procedures, auxiliary aid or service, or an alternate format of the agenda/information provided at the meeting, please contact Iris Newman at 405-297-2484 within 48 hours (not including weekends or holidays) of scheduled meeting. Individuals utilizing TTY/TDD technology for telephone communication should utilize the free “711 Relay Oklahoma” service by dialing 711 to assist you in contacting Ms. Newman. The Authority will consider the choice of auxiliary aid or service requested by the individual with a disability.

AGENDA CENTRAL OKLAHOMA TRANSPORTATION AND PARKING AUTHORITY DATE: October 04, 2019 TIME: 9:00 a.m. PLACE: City Council Chambers, 200 North Walker, Oklahoma City, Oklahoma 73102

I. CALL TO ORDER

II. ITEMS FROM THE CHAIRMAN

III. CITIZENS TO BE HEARD

IV. APPROVAL OF MINUTES

A. Approval of the Minutes of the COTPA Board Meeting Held on September 6, 2019

V. CONSENT DOCKET

A. Approval of Agreement with the Arts Council of Oklahoma City to Allow Opening

Night Activities in the Sheridan/Walker Parking Garage.

B. Ratification of Amendment One to the Memorandum of Agreement between State of Oklahoma Department of Transportation and Central Oklahoma Transportation and Parking Authority for the Relocation of the Telecommunications Hut Currently Located at Southwest 4th Street and Shields Boulevard, Increasing the Cost by $4,000.

C. Resolution Authorizing Free Rides On Fixed-Route Bus, Zone 1 ADA Para-Transit and

Streetcar Service On Remaining Election Days in 2019 and Elections in 2020.

D. Approval of Lease Agreement with Scissortail Park Foundation, LLC., Retroactive September 1, 2019 through August 31, 2020, Revenue $22,596.

E. Approval of Amendments 1 to the Professional Services Agreement for Streetcar

Fare Inspection and the Professional Services Agreement for Streetcar Security of Storage and Maintenance Facility with Elite Protection Services, Estimated Cost $12,000.

VI. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Approval of Contracts with Brasco International Inc. and Tolar Manufacturing

Company Inc. for Bus Shelters and Bus Stop Amenities, October 4, 2019 through October 3, 2024, Estimated Cost $924,000.

B. Ratifying and Approving Addendum No.1, Awarding Contract to RESTEK, Inc. in the

Amount of $163,526. as the Lowest Responsible Bidder for Project MB-1453, Public Parking Garage Signs and Approving Bonds.

C. Approval of Contract with Dewitt Investments LLC DBA Elite Protection Services for

Streetcar Fare Inspection and Security Services, October 4, 2019 through October 3, 2024, Estimated Cost $193,065.

D. Approving Amendment No. 1 and Change Order No. 1, Project MC-0564, CNG

Fueling Station, 2000 S May Ave, $176,548.50.

E. Change Order No. 7 for Project No. MB-1343, Santa Fe Parking Garage, White Box &

Tenant Improvements Extending and Accepting the Project and Placing Maintenance Bond into Effect.

F. Resolution Authorizing the Administrator to Enter Negotiations with the Successful

Proposer Four Nines Technology for COTPA RFP2019024, Consultant for Multimodal Transportation Technology, Estimated Cost $100,000 over two years.

G. Enter into Executive Session on Advice of the Municipal Counselor to Receive

Confidential Communications from its Attorney Concerning Settlement of Claim No. BA-19-0199 and BA-19-0258, as Authorized by 25 O.S. (2017 Supp.) § 307 (B)(4), because Disclosure Would Seriously Impair the Ability of the Public Body to Conduct Settlement Discussions in the Public Interest.

VII. RATIFICATION OF CLAIMS AND PAYROLL

A. Ratification of Payroll and Vendor Claims for the Period September 3 through

September 24, 2019 VIII. RECEIVE FINANCIAL REPORTS

A. Receive the COTPA Schedules of Revenues and Expenditures - Budget to Actual for

the Two Months Ended August 31, 2019 IX. RECEIVE PROGRAM REPORTS

A. Transit System Report

B. Streetcar Report**

C. Long Range Planning Report

D. Parking System Report**

E. Marketing and Technology Report

F. Oklahoma River Cruises and Spokies Report**

X. ITEMS FROM TRUSTEES

XI. ADJOURNMENT

COTPA Agenda Item No. IV.A.

10/04/2019

MINUTES

CENTRAL OKLAHOMA TRANSPORTATION AND PARKING AUTHORITY MEETING

September 06, 2019

TRUSTEES PRESENT: Chris Kauffman, Chairman Bernard L. Semtner, III, Vice Chairman James Cooper Brent Bryant David Greenwell Steve Hill Laura Johnson TRUSTEES ABSENT: Kay Bickham STAFF PRESENT: Jason Ferbrache Tysheeka Holley Cory Hubert Michael Scroggins Jesse Rush Dennis Fry Jeanne Smith Stephanie Thomas Chip Nolen Mike Shaw Chris Bourke Nichole Stover Mike Baskin Kevin Mulcahy Suzanne Wickenkamp Iris Newman GUESTS PRESENT: Don Grey Chris Tatham

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I. CALL TO ORDER

II. ITEMS FROM THE CHAIRMAN

A. Presentation by ETC Institute on Customer Survey Results

Chris Tatham with ETC Institute presented the Transit Customer Survey results conducted in March 2019.

B. Recognition of COTPA Retiree Don Gray

Chairman Kauffman presented Don Grey with Retirement Plaque

III. CITIZENS TO BE HEARD

IV. APPROVAL OF MINUTES

A. Approval of the Minutes of the COTPA Board Meeting Held on August 2, 2019.

Moved by Hill, Seconded by Cooper. AYES: Greenwell, Johnson, Kauffman, Semtner, Bryant.

B. Approval of the Minutes of the Joint Parking and Finance Committee Held on August

22, 2019.

Moved by Cooper, Seconded by Bryant. AYES: Greenwell, Hill, Johnson, Kauffman, Semtner.

V. CONSENT DOCKET

Moved by Johnson, Seconded by Cooper. AYES: Greenwell, Hill, Kauffman, Semtner, Bryant.

A. Approval of Transit Agreement with Rose State college for Fiscal year 2019-2020,

$23,539 in Revenue, Term Retroactive July 1, 2019 through June 30, 2020.

B. Approval of Renewal of Contract COTPA2016044 with DEFEO for Engine and Transmission Repair Part and Supplies, Retroactive July 1, 2019 through June 30, 2020, Estimated Cost $30,000.

C. Approval of Renewal of Contract COTPA20160037 with Central States Thermo King

for Air Conditioning Repair Parts and Repair Services for Buses and Vans, Retroactive July 1, 2019 through June 30, 2020, Estimated Cost $75,000.

D. Approve the Renewal of Agreement with Enterprise (EAN Holding, Inc.) for Vanpool

Services, Estimated Cost $8,800 Annually, October 1, 2019 through September 30, 2020.

E. Approve the Renewal of Agreement with Remix Software, Inc. for Transportation

Planning Software, Estimated Cost $20,000 Annually, September 8, 2019 Through September 7, 2020.

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F. Resolution Authorizing the Scope of Work for Actuarial Services, as Described in Exhibit "A" and Authorizing the Administrator to Solicit and Release a Request for Proposals for the Actuarial Services, Period Fiscal Year 2019-2020 through Fiscal Year 2023-2024, Estimated Cost $15,000 Annually

G. Approval of Memorandums of Understanding with the City of Moore, the City of Del

City, the City of Spencer, and the City of Mustang for participation in the Share-A-Fare Transportation Program, Estimated Cost $30,000, Estimated Revenue $30,000, September 6, 2019 through June 30, 2020.

H. Approval of Lease Agreement with REHCO Downtown Development, LLC for Surface

Lot Parking, September 6, 2019 through July 1, 2020, Estimated Cost 303,000.

I. A Resolution Authorizing Settlement of the Pricing Agreement (C187003), in the Amount of $17,835.20.

VI. ITEMS FOR INDIVIDUAL CONSIDERATION

A. Approval of Scope of Work (COTPA RFP2020002) for Spokies Bikeshare Management

and Authorize the Administrator to Advertise and Release the Request for Proposal.


B. Approval of Agreement for the Reimbursement of Funds from COTPA to OCURA for

Project No. MB-1487, OG&E Service Center Site, to Complete the Demolition and Site Preparation of the OG&E Service Center Site, Not to Exceed $500,000.

Moved by Bryant, Seconded by Hill. AYES: Cooper, Greenwell, Johnson, Kauffman, Semtner.

C. Authorize an amendment to the sole source resolution for equipment, parts, supplies

and services from Wetherbee Electric, Inc. for the parking access revenue control system for the new convention center garage, August 2, 2019, increase amount of $1,219,524.

Moved by Semtner, Seconded by Bryant. AYES: Cooper, Greenwell, Hill, Johnson, Kauffman.

D. Adoption of Resolution Authorizing the Defeasance of the Outstanding Portion of the

Central Oklahoma Transportation and Parking Authority Parking System Revenue Bonds, Series 2013 (Taxable) which Transaction Shall be Referred to Herein as the "Defeasance". The COTPA Authorizes the Transfer of Funds, as Needed, to Accomplish the Defeasance; Authorizing and Direct the Chairman or Vice Chairman and Secretary or Assistant Secretary of the COTPA to, on Behalf of the COTPA, to Execute and Deliver Any and All Necessary Documentation, Closing, and Delivery Papers Required by Bond Counsel in Connection with the Referenced Defeasance; Authorize and Approve the Transfer of Funds in Connection with the Referenced Defeasance; and to Execute, Record, and File Any and All the Necessary Release Documents or Termination Statements, and to Consummate the Transaction Contemplated Hereby.

Moved by Greenwell, Seconded by Bryant. AYES: Cooper, Hill, Johnson, Kauffman, Semtner.

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E. Approval of Resolution Authorizing the Adoption and Use of the Amended Debt Management Policy Established by the City Of Oklahoma City, Professional Services Agreement for Financial Advisory Services, Amended Agreement for Bond Counsel Services for the City Of Oklahoma City, Professional Legal Services Retainer Agreement, and Authorizing the Administrator to Utilize the Pool of Prequalified Underwriters Established by the City Of Oklahoma City, Relating to The Central Oklahoma Transportation and Parking Authority's Parking System Revenue Bonds, Taxable Series, 2019.

Moved by Semtner, Seconded by Greenwell. AYES: Cooper, Greenwell, Hill, Johnson, Kauffman.

F. Approval of Resolution Authorizing the Central Oklahoma Transportation And Parking

Authority (The "Authority") to Issue Its Parking System Revenue Bonds, Taxable Series 2019, for and on Behalf of The City, in One or More Series, for the Financing of a New Parking Garage Adjacent to the Maps 3 Convention Center in the Aggregate Principal Amount of Not to Exceed $15,000,000 (The "Bonds"); Authorizing Execution of a Certificate of Determination Setting Forth the Final Principal Amount, Interest Rates, Redemption Provisions, Size and Maturities of the Bonds; Designating Underwriters with Respect to the Sale of the Bonds; Authorizing the Sale of the Bonds at Negotiated Sale of Not to Exceed 3.5% Representing the Underwriters' Discount and Not to Exceed 4% Representing the Original Issue Discount, and Waiving Competitive Bidding; Approving the Form of Bond Purchase Agreement; Authorizing the Chair or Vice Chair to Execute a General Bond Indenture, and One or More Supplemental Indentures by and Between the Authority and the Trustee Bank, whereby The Authority Authorizes the Issuance and Delivery of the Bonds; Providing That the Organizational Document Creating The Authority is Subject to the Provisions of said Bond Indenture; Approving and Authorizing an Agreement of Support; Approving the Preliminary Official Statement Pertaining to the Bonds and Authorizing Distribution of the Same; Approving the Forms of a Continuing Disclosure Agreement and an Official Statement, as Deemed Necessary by City Staff; and Authorizing Security, Tax and Other Documents Pertaining to the Bonds; and Containing Other Provisions Relating Thereto.

Moved by Johnson, Seconded by Bryant. AYES: Cooper, Greenwell, Hill, Kauffman, Semtner.

VII. RATIFICATION OF CLAIMS AND PAYROLL

A. Ratification of Payroll and Vendor Claims for the Period August 6 through August 27,

2019

Moved by Johnson, Seconded by Semtner. AYES: Cooper, Greenwell, Hill, Kauffman, Bryant.

VIII. RECEIVE FINANCIAL REPORTS

A. Receive the COTPA Schedules of Revenues and Expenditures - Budget to Actual for

the One Month Ended July 31, 2019

Moved by Johnson, Seconded by Bryant. AYES: Cooper, Greenwell, Hill, Johnson, Kauffman.

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IX. RECEIVE PROGRAM REPORTS


A. Transit System Report

B. Streetcar Report**

Presentation by Streetcar Operations Manager Jesse Rush.

C. Long Range Planning Report**

Presentation by Principal Planner Larry Hopper.

D. Parking System Report

E. Marketing and Technology Report**

Presentation by Public Information & Marketing Manager Michael Scroggins.

F. Oklahoma River Cruises and Spokies Report

X. ITEMS FROM TRUSTEES

Administrator Ferbrache mentioned the Streetcar Ridership data was added to the Streetcar report.

Mr. Ferbrache invited the Trustees to look at one of the buses equipped with our new Quantum Wheelchair Securement device.

XI. ADJOURNMENT

Respectfully Submitted,

Jason Ferbrache Administrator

COTPA Agenda Item No. V.A.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Approval of Agreement with the Arts Council of Oklahoma City to Allow Opening Night Activities in the Sheridan/Walker Parking Garage. Background Opening Night will be held December 31, 2019, by the Arts Council of Oklahoma

City. Fireworks are displayed as part of the event. The Arts Council has requested use of the Sheridan/Walker parking garage for this year’s display. The Arts Council is required to indemnify and hold COTPA and the City of Oklahoma City harmless of and from all claims, suits, action, or judgments, including but not limited to all expenses, attorney’s fees, witness fees, cost of defending and such action or claims, or appeals there from, arising out of or from the maintenance or operation of Opening Night by the Arts Council. Prior to occupation of the space, the Arts Council will provide insurance coverage to be effective during the entire time of occupancy for Opening Night in an amount sufficient to satisfy the statutory limits of the City contained in the Governmental Tort Claims Act of Oklahoma, 51 Okla. Stat. Sec. 151 et seq, as amended, naming COTPA and the City of Oklahoma City as Additional Insurers.

LFR Issue Community Relations Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve the agreement


COTPA Agenda Item No. V.B.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Ratification of Amendment One to the Memorandum of Agreement between State of Oklahoma Department of Transportation and Central Oklahoma Transportation and Parking Authority for the Relocation of the Telecommunications Hut Currently Located at Southwest 4th Street and Shields Boulevard, Increasing the Cost by $4,000. Background COTPA is constructing a parking garage to consist of approximately 1,100 parking

spaces on the southern portion of lot surrounded by Oklahoma Boulevard, Broadway Avenue, Shields Boulevard and Southwest 4th Street. The parking garage will be open to the general public with it’s primary customers being the Convention Center, Omni Hotel, Boulevard Place (Mixed-Use) and Scissortail Park. In order to build the parking garage, a Telecommunications Hut utilized by ODOT will need to be relocated. On July 12, 2019 the Board approved a Memorandum of Agreement in the amount $37,000. The Department of Transportation of the State of Oklahoma has received a quote from Telco Supply Company to relocate the Telecommunications Hut to another site in the amount of $39,006.16 which exceeds the original estimated amount in the MOA. As a result, ODOT has requested COTPA deposit an additional $4,000. Any additional costs incurred will be paid for by COTPA through subsequent amendments to the MOA and if expenses are lower than the estimate funds not used will be refunded to COTPA. The reason for the increase in estimated costs is because a street closure will now be required to remove the Telecommunications Hut.

LFR Issue Community Relations Source of Funds Parking Capital Reserves Estimated Cost $41,000 for Relocation Only Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Ratify Chairman’s Action


COTPA Agenda Item No. V.C.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Resolution Authorizing Free Rides On Fixed-Route Bus, Zone 1 ADA Para-Transit and Streetcar Service On Remaining Election Days in 2019 and Elections in 2020. Background In an effort to encourage residents of Central Oklahoma to participate in upcoming

state and local elections, staff proposes that fixed-route bus, zone 1 ADA para-transit and streetcar service be free on called election days in 2019 and the upcoming 2020 calendar year. Following are scheduled election dates for the remainder of 2019 and all of 2020. If election is not called for the scheduled day, services will not be free. 2019 October 8 – Special Elections November 12 – Special Elections December 10 – Special Elections 2020 January 14 – Special Elections February 11 – Board of Education Primary Elections/Special Elections March 3 – Special Elections April 7 – Board of Education General Elections/Special Elections June 30 – Primary Election/Special Elections August 25 – Runoff Primary Election/Special Elections November 3 – General Election/Special Elections This effort is to assist in mobility on Election Days by eliminating fares as an economic barrier to exercising the right to vote. Trip planning is available to assist individuals or groups with using EMBARK.

LFR Issue Community Relations Revenue Estimated decrease of $6,000 in fare revenue for each called election day. Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Adopt the resolution


COTPA Agenda Item No. V.D.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Approval of Lease Agreement with Scissortail Park Foundation, LLC., Retroactive September 1, 2019 through August 31, 2020, Revenue $22,596. Background Scissortail Park Foundation, LLC. (Tenant) desires to enter into a lease agreement

with the Central Oklahoma Transportation and Parking Authority (COTPA), a public trust (Landlord) to occupy 1,883 square feet in the building commonly known as Union Station, located at 300 SW 7th Street, Oklahoma City, OK. 73109. Scissortail Park Foundation, LLC. desires to lease the Property from COTPA pursuant to the terms of this Lease, to be used as auxillary offices for Scissortail Park. The term of this Lease is for a period of one year commencing on September 1, 2019 and end on August 31, 2020. During the term of this Lease, Landlord will provide paved parking area sufficient for the operation of Tenant’s business on the leased premises, without additional cost to Tenant.

Term September 1, 2019 through August 31, 2020 LFR Issue Community Relations Revenue $22,596.00 to be deposited in Transit Operations Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve the lease


COTPA Agenda Item No. V.E.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Approval of Amendments 1 to the Professional Services Agreement for Streetcar Fare Inspection and the Professional Services Agreement for Streetcar Security of Storage and Maintenance Facility with Elite Protection Services, Estimated Cost $12,000. Background On May 12th, 2019, COTPA entered into two separate Professional Service

Agreements with Elite Protection Services with one agreement providing for Streetcar Fare Inspection and the other agreement providing for security at the Streetcar Storage and Maintenance Facility. The agreements were executed so that these essential services could continue while staff drafted and issued an invitation to bid for a single, long term, contract for fare inspection and security services. With the Oklahoma River Cruise vessels being moored at Regatta as a result of work being done on the Brum dam, staff identified a need for a security presence at Regatta Landing, so the agreement for Streetcar Security of Storage and Maintenance Facility is being amended to allow security at all COTPA facilities. Both agreements are being amended to allow for payment of services up to October 3, in anticipation of a new agreement for Security and Fare Inspection services being approved by the board on October 4th.

LFR Issue Community Relations Estimated Cost $12,000 Source of Funds Transit Operations, Streetcar Operations, Oklahoma River Cruises Operations Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve the agreement


AMENDMENT NO. 1 TO THE COTPA PROFESSIONAL SERVICES AGREEMENT

Streetcar Fare Inspection

THIS AMENDMENT NO. 1 to the Professional Services Agreement is entered into on ______ day of ________, 2019 (“Effective Date”) by and between the Central Oklahoma Transportation and Parking Authority (“COTPA”), a public trust, and Elite Protection Services, LLC, (“Contractor”).

WITNESSETH

WHEREAS, on May 12, 2019, COTPA entered into the Professional Services Agreement for Streetcar Fare Inspection; and issued a Request for Proposals (“RFP”) inviting proposals for said services; and

WHEREAS, due to unforeseeable causes, it is in the best interest of both parties to amend the Professional Services Agreement for Streetcar Fare Inspection.

NOW THEREFORE, the COTPA and Contractor agree to amend the Service Agreement as follows:

1. 4. Compensation (a) COTPA shall pay CONTRACTOR the compensation after completion of services as specified in Attachment “B” Cost information, from the Effective Date through October 3, 2019,

2. 6. Termination and Stop Work (a)(2) Upon payment for products or services fully performed and accepted, CONTRACTOR shall deliver to COTPA all work, products, deliverables, documents, data, drawings, specifications, reports, calculations, field notes, tracings, plans, models, computer files, estimates, summaries and other information and materials accumulated or created in performing this Agreement, whether same are complete or incomplete, unless the notice directs otherwise. Upon termination for convenience by COTPA, COTPA shall pay CONTRACTOR for completed services, up to the time of the notice of termination for convenience, in accordance with the terms, limits and conditions of the Agreement and as further limited by the amounts set out in this Agreement.

3. Attachment “A” Scope of Services – Fare Inspection

Provide CLEET certified unarmed security guard services for fare enforcement regarding the OKC streetcar program. Contractor must provide COTPA proof of CLEET certification for each unarmed security guard, prior to the individual unarmed security guard providing security services.

Fare Inspections on board OKC Streetcars will involve inspecting fare media from passengers on the OKC Streetcar. The OKC Streetcar Fare Inspection Personnel must observe that the unused control compartment is locked and not occupied by a passenger. At Paid Fare Zones, Fare Inspectors will interview persons within the zone to ensure they possess proper fare media, are in the process of purchasing fare media or have just alighted from an OKC Streetcar with proper fare media. All warnings and citations will be written by OCPD.

The OKC Streetcar’s plan calls for initial inspections of 25% of the revenue hours. This 25% rate will be adjusted based on compliance rates. The baseline inspection percentage shall remain no lower than 10%, even if 100% compliance is obtained. Certain special events shall require additional enforcement efforts. Fare Evasion Inspection Step-Down/Step-Up Percentages:

100% Compliance =10% Inspection Rate

99%-98% Compliance =15% Inspection Rate

97%-96% Compliance =20% Inspection Rate

95% Compliance or less =25% Inspection Rate

All Fare Enforcement activities will be recorded by the Operations Control Center (OCC). Fare Inspection Personnel will report to the OCC when they begin enforcement at a Paid Fare Zone or OKC Streetcar and will likewise report when the enforcement is completed at that location or run. These reports will be made via portable radio with the Fare Inspection Personnel reporting their name, time, location and type of fare enforcement to be conducted. At the conclusion of the enforcement activity they will report their name, time, location and results of their activities. The OCC will record this information in the log.

If a person undergoing an inspection becomes hostile, combative or resists in any way, OKC Streetcar employed Fare Inspection Personnel must immediately cease the fare enforcement, conduct themselves as safely as possible and contact the OKCPD/OCC at radio labeled “OSCFARE” channel for assistance. If a Fare Inspector on OKC Streetcar feels threatened they will call 911 for assistance and notify the OCC as soon as practicable. OKC Streetcar will contact the OKCPD at once via telephone should any security concern arise.

The following actions constitute Fare Evasion:

Entry into or upon a public transit bus or OKC Streetcar without payment of the fare charged for transportation service.

Following fare payment, the refusal to exit the public transit bus or OKC Streetcar after:

A single one-way trip; or

The expiration of a multi-trip pass, as defined by the COTPA Fare Policy.

Misuse of a transfer, pass, ticket, mobile ticket or other evidence of payment of or prepayment of a fare issued by the COTPA with the intent to avoid or to assist another in avoiding payment of the fare charged for transportation service.

The hours are (subject to change):

Streetcar Fare Enforcement

Monday – Thursday 6:00AM – 12:00AM

Friday 6:00AM – 2:00AM

Saturday 7:00AM – 2:00AM

Sunday 7:00AM – 10:00PM

FURTHERMORE, except as modified and amended herein, all other terms and provisions of the Service Agreement remain in full force and effect and are binding on the Parties. In the event of any conflict between the provisions of this Amendment No. 1 and the provisions of the Service Agreement, the provisions in this Amendment No. 1 will control.

IN WITNESS WHEREOF the Parties have made and duly executed this Amendment this the _____ day of _________, 2019.

CONTRACTOR Elite Protection Services, LLC

______________________________ Signature Printed Name: _________________________________

Title

APPROVED by Trustees and SIGNED by the Chairman of the Central Oklahoma Transportation and Parking Authority this ______ day of _______________, 2019.

ATTEST:

_______________________________ ____________________________________

SECRETARY CHAIRMAN

Reviewed for form and legality

____________________________

Assistant Municipal Counselor

AMENDMENT NO. 1 TO THE COTPA PROFESSIONAL SERVICES AGREEMENT

Streetcar Security of Storage and Maintenance Facility

THIS AMENDMENT NO. 1 to the Professional Services Agreement is entered into on ______ day of ________, 2019 (“Effective Date”) by and between the Central Oklahoma Transportation and Parking Authority (“COTPA”), a public trust, and Elite Protection Services, LLC, (“Contractor”).

WITNESSETH

WHEREAS, on May 12, 2019, COTPA entered into the Professional Services Agreement for Streetcar Security of Storage and Maintenance Facility; and issued an invitation to bid inviting bids for said services; and

WHEREAS, due to unforeseeable causes, it is in the best interest of both parties to amend the Professional Services Agreement for Streetcar Security of Storage and Maintenance Facility.

NOW THEREFORE, the COTPA and Contractor agree to amend the Service Agreement as follows:

1. 4. Compensation (a) COTPA shall pay CONTRACTOR the compensation after completion of services as specified in Attachment “B” Cost information, from the Effective Date through October 3, 2019,

2. 6. Termination and Stop Work (a)(2) Upon payment for products or services fully performed and accepted, CONTRACTOR shall deliver to COTPA all work, products, deliverables, documents, data, drawings, specifications, reports, calculations, field notes, tracings, plans, models, computer files, estimates, summaries and other information and materials accumulated or created in performing this Agreement, whether same are complete or incomplete, unless the notice directs otherwise. Upon termination for convenience by COTPA, COTPA shall pay CONTRACTOR for completed services, up to the time of the notice of termination for convenience, in accordance with the terms, limits and conditions of the Agreement and as further limited by the amounts set out in this Agreement.

3. Attachment “A” Scope of Services – Security Services

This specification is for the security services of a licensed and qualified security services company to provide “CLEET certified unarmed security guards” for the COTPA Facilities, including the OKC streetcar storage and maintenance facility located at 406 SW 7th St, Oklahoma City, OK 73109. Contractor must provide COTPA proof of CLEET certification for each unarmed security guard, prior to the individual unarmed security guard providing security services.

The contractor shall be solely responsible for the CLEET certified unarmed security guards” while they are on duty with COTPA and keep COTPA updated with the name of a current supervisor and 24-hour contact numbers in the event of an unusual situation or emergency.

Uniforms/Dress Codes

“CLEET certified unarmed security guards” must report for assignment in full uniform including a clearly visible security badge and identifiable company insignia.

Uniforms shall look professional, be neat, clean, pressed and in good condition.

“CLEET certified unarmed security guards” must carry all equipment necessary for the performance of “CLEET certified unarmed security guard” services.

Duties of “CLEET certified unarmed security guards”

1. Staffed COTPA Facility, including Storage and Maintenance Facility Patrol exterior of facility and grounds to ensure safety of employees and streetcars. This includes but is not limited to patrolling open gates and outside areas. Notify the appropriate law enforcement agency immediately of any unlawful activity. Notify on duty Supervisor of any issues immediately. Compile incident reports. Respond to security incidents. Cooperate fully with local law enforcement officials and COTPA employees. Ensure only authorized personnel are allowed on property.

2. Unstaffed COTPA Facility, including Storage and Maintenance Facility Patrol interior and exterior of facility and grounds continuously to ensure areas are safe and secure including outside patio area. Notify the appropriate law enforcement agency immediately of any unlawful activity. Ensure all gates, doors, and fences are locked and secured. Compile incident reports of any situations that occur. Cooperate fully with the local law enforcement officials and COTPA employees. Ensure only authorized personnel are allowed on property.

The hours are (subject to change):

COTPA Facilities, including Streetcar Security Services at Storage and Maintenance Facility

Monday – Friday 12:00AM – 6:00AM

Saturday 2:00AM – 7:00AM

Sunday 2:00AM – 6:00AM

Sunday 10:00PM – 11:59PM

FURTHERMORE, except as modified and amended herein, all other terms and provisions of the Service Agreement remain in full force and effect and are binding on the Parties. In the event of any conflict between the provisions of this Amendment No. 1 and the provisions of the Service Agreement, the provisions in this Amendment No. 1 will control.

IN WITNESS WHEREOF the Parties have made and duly executed this Amendment this the _____ day of _________, 2019.

CONTRACTOR Elite Protection Services, LLC

______________________________ Signature Printed Name: _________________________________

Title

APPROVED by Trustees and SIGNED by the Chairman of the Central Oklahoma Transportation and Parking Authority this ______ day of _______________, 2019.

ATTEST:

_______________________________ ____________________________________

SECRETARY CHAIRMAN

Reviewed for form and legality

____________________________


COTPA Agenda Item No. VI.A.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Approval of Contracts with Brasco International Inc. and Tolar Manufacturing Company Inc. for Bus Shelters and Bus Stop Amenities, October 4, 2019 through October 3, 2024, Estimated Cost $924,000. Background On August 14th 2019 staff advertised a Request for Bids for bus stop amenities,

including bus shelters, trash receptacles bike racks, and solar lighting. Three bids were received on August 28th from Brasco International Inc., Tolar Manufacturing Company Inc. and SolaRight Wireless Lighting, LLC. SolaRight’s submission did not satisfy all requirements of the bid and was deemed non-responsive. Responsive bids were received from Brasco International, Inc. and Tolar Manufacturing Company Inc. Staff recommends awarding multiple contracts to minimize any delays in installing the bus shelters due to production constraints from the manufacturer. As groups of bus shelters are ordered staff will contact the lowest cost manufacturer and if that manufacturer cannot meet the required delivery date, staff has the option to go to the next lowest bidder and procure from the bidder that can meet the required delivery date.

Term September 6, 2019 through September 5, 2024 LFR Issue Community Relations and Sustainable Growth and Service Development Source of Funds 80% Federal, 20% Transit Capital Reserves Estimated Cost $924,000 for fiscal year 2020 and up to $1,500,000 in subsequent years Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve the agreement


Project COTPA BVB2020018 Page 1 of 32

COTPA PROFESSIONAL SERVICES AGREEMENT

Project # and Name:COTPABVB202018 Bus Stop Amenities

This Professional Services Agreement (hereinafter “Agreement”) is entered into as of this 4th day of October, 2019, (“Effective Date”) by and between Tolar Manufacturing Company Inc. (hereinafter referred to as “SERVICES PROVIDER”), and Central Oklahoma Transportation and Parking Authority DBA EMBAK organized under the laws of the State of Oklahoma (hereinafter referred to as “COTPA” or “CONTRACTING ENTITY”).

WITNESSETH:

WHEREAS, on August 14th, 2019, CONTRACTING ENTITY prepared a Bid seeking a Professional Services Agreement for Bus Stop Amenities for Transit; and

WHEREAS, on August 28, 2019, CONTRACTING ENTITY received responses to its Bid; and WHEREAS, a selection committee reviewed and evaluated the responses; and WHEREAS, the SERVICES PROVIDER represented itself, both in its response (“Bid”) and its interviews

(“Interviews”) as an expert in the field of Bus Stop Amenities with skilled professionals willing, able, and capable of timely providing the services requested and required by the CONTRACTING ENTITY in the Bid; and

WHEREAS, based upon the representations, guarantees, and warranties expressed by the SERVICES PROVIDER both in the Bid and the Interviews, the selection committee recommended, and the CONTRACTING ENTITY selected and entered this Agreement with the SERVICES PROVIDER; and

WHEREAS, the CONTRACTING ENTITY strives to obtain Bus Stop Amenities; and WHEREAS, CONTRACTING ENTITY retains SERVICES PROVIDER to provide Bus Stop Amenities

professional services as an independent contractor; and WHEREAS, SERVICES PROVIDER agrees to provide CONTRACTING ENTITY all services, in

accordance with the standards exercised by experts in the field, necessary to provide the CONTRACTING ENTITY services, products, solutions and deliverables that meet all the purposes and functionality requested or described in the Bid and in this Agreement.

NOW, THEREFORE, for and in consideration of the above premises and the mutual covenants set forth herein, the CONTRACTING ENTITY and SERVICES PROVIDER hereby mutually agree as follows:

1. Professional Services Agreement

Subject to the terms and conditions of this Agreement, CONTRACTING ENTITY retains SERVICES PROVIDER, an independent contractor, to provide CONTRACTING ENTITY all services, in accordance with the standards exercised by experts in the field, necessary to provide the CONTRACTING ENTITY services, products, solutions, and deliverables that meet all the purposes and functionality requested or described in the Bid and in this Agreement.

(a) This Agreement governs the Scope of Services including, but not limited to, all services, products, solutions and deliverables to be provided by SERVICES PROVIDER to the CONTRACTING ENTITY. The Attachments are incorporated into this Agreement by reference and, should there be a conflict in language, terms, conditions, or provisions, shall have the priority and precedential value as set forth in this paragraph.

(b) The text of this Agreement, together with the Attachments, constitutes the entire Agreement and the only understanding and agreement between the CONTRACTING ENTITY and SERVICES PROVIDER with respect to the services, products, solutions and deliverables to be provided by SERVICES PROVIDER hereunder. This Agreement may only be amended, modified or changed in writing when signed by all parties, or their respective specifically authorized representatives, as set forth in this Agreement.

(c) If there is a conflict in language, terms, conditions, or provisions, in this Agreement between the text of this document, (Professional Services Agreement pages 1 through 16,) and any language, term, condition, or provision in any Attachment, then the text of this document, (Service Agreement pages 1 through 16) shall govern and control over any conflicting language, term, condition, or provision in any Attachment. As among the Attachments any conflict in the language, terms, conditions, or provisions shall be governed in the following order of priority and precedence:

Attachment “A” (“Project Description and Scope of Services, Products, Solutions, and Deliverables”),


Attachment “B” (“Insurance”),

Attachment “C” (“SERVICES PROVIDER’S Schedule of Fees”)

Attachment “D” (“SERVICE PROVIDER’S Bid”

Term of Contract: The professional services agreement shall be for five year(s) with the option to renew for two additional one-year period(s). The professional services agreement shall be in effect commencing on the date of award, October 4th, 2019, as approved by COTPA.

Renewal Option: This Agreement is renewable at the option of the Contracting Entity. Should the Contracting Entity desire to renew the Agreement, a written preliminary notice will be furnished to the SERVICES PROVIDERprior to the expiration date of the Agreement. (Such preliminary notice will not be deemed to commit the Contracting Entity to renew.)

2. Retention of SERVICES PROVIDER and Scope of Services

(a) SERVICES PROVIDER is solely responsible for the actions, non-action, omissions, and performance of SERVICES PROVIDER'S employees, agents, contractors, and subcontractors (herein collectively included in the term “Service Provider’s Project Team”) and to ensure:

(1) the timely provision of the Project and timely performance of the Scope of Services and provision of all services, products, solutions, and deliverables, as each are defined in Attachment “A”,

(b) SERVICES PROVIDER shall comply with all applicable federal, state and local laws, standards, codes, ordinances, administrative regulations and all amendments and additions thereto, pertaining in any manner to the performance or services provided under this Agreement. SERVICES PROVIDER shall obtain all patents, licenses and any other permission required to provide all services, products, solutions and deliverables and for use of all services, products, solutions and deliverables by the CONTRACTING ENTITY.

The Contractor agrees, in connection with the performance of work under this Contract:

1. That the Contractor will not discriminate against any employee or applicant for employment, because of race, creed, color, sex, sexual orientation, gender identity, national origin, ancestry or disability. The Contractor shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, sex, sexual orientation, gender identity, national origin, ancestry or disability. Such actions shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment, advertising, lay-off, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post, in a conspicuous place available to employees and applicants for employment, notices to be provided by the City Clerk/Secretary of the CONTRACTING ENTITY setting forth the provisions of this section, and;

2. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, ancestry or disability in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

Withholding monthly progress payments; Assessing sanctions; Liquidated damages; and/or Disqualifying the contractor from future bidding as non-responsible

3. That the Contractor agrees to include this non-discrimination clause in any subcontracts connected with the performance of this Contract.

4. In the event of the Contractor's non-compliance with the above non-discrimination clause, this Contract may be canceled or terminated by CONTRACTING ENTITY. The Contractor may be declared by CONTRACTING ENTITY ineligible for further pricing agreement[s]/contract[s] with CONTRACTING ENTITY until satisfactory proof of intent to comply is made by the Contractor.

3. Compensation


(a) CONTRACTING ENTITY shall pay SERVICES PROVIDER the compensation after completion of services or products as specified, in Attachment “C” (“Schedule of Fees),

(b) The CONTRACTING ENTITY and SERVICES PROVIDER acknowledge that the compensation to be paid SERVICES PROVIDER pursuant to this Agreement has been established at an amount reasonable for the availability and services of SERVICES PROVIDER and SERVICES PROVIDER’S Project Team.

4. Independent Contractor Status

(a) The parties hereby acknowledge and covenant that:

(1) SERVICES PROVIDER is an independent contractor and will act exclusively as an independent contractor is not an agent or employee of the CONTRACTING ENTITY in performing the duties in this Agreement.

(2) The parties do not intend, and will not hold out that there exists, any corporation, joint venture, undertaking for a profit or other form of business venture or any employment relationship among the parties other than that of an independent contractor relationship.

(b) All payments to SERVICES PROVIDER pursuant to this Agreement shall be due and payable in the State of Oklahoma, even if services of SERVICES PROVIDER are performed outside the State of Oklahoma.

(c) The CONTRACTING ENTITY will not withhold any social security tax, workmen’s compensation, medicare tax, federal unemployment tax, federal income tax, or state income tax from any compensation paid to SERVICES PROVIDER as SERVICES PROVIDER is an independent contractor and the members of its SERVICES PROVIDER’S Project Team are not employees of the CONTRACTING ENTITY. Any such taxes, if due, are the responsibilities of SERVICES PROVIDER and will not be charged to the CONTRACTING ENTITY.

(d) SERVICES PROVIDER acknowledges that as an independent contractor it and its Project Teamare not eligible to participate in any health, welfare or retirement benefit programs provided by the CONTRACTING ENTITY for its employees.

5. Termination and Stop Work. (a) This Agreement shall commence upon execution by the last party hereto and shall continue in effect

as stated herein, unless terminated by either party as provided for herein, until the Project is completed and accepted as provided herein. The CONTRACTING ENTITY’S Contract Administrator is hereby authorized to issue notices of termination or suspension on behalf of the CONTRACTING ENTITY. This Agreement can be terminated, with or without cause, upon written notice, at the option of the CONTRACTING ENTITY.

(1) Upon receipt of a notice of termination for the convenience from the CONTRACTING ENTITY, SERVICES PROVIDER shall (1) immediately discontinue all services and activities (unless the notice directs otherwise), and

(2), upon payment for products or services fully performed and accepted, SERVICES PROVIDER shall deliver to the CONTRACTING ENTITY all work, products, deliverables, documents, data, drawings, specifications, reports, calculations, field notes, tracings, plans, models, computer files, estimates, summaries and other information and materials accumulated or created in performing this Agreement, whether same are complete or incomplete, unless the notice directs otherwise. Upon termination for the convenience by the CONTRACTING ENTITY, the CONTRACTING ENTITY shall pay SERVICES PROVIDER for completed services, up to the time of the notice of termination for convenience, in accordance with the terms, limits and conditions of the Agreement and as further limited by the “not to exceed” amounts set out in this Agreement.

(2) Upon notice of termination for cause from the CONTRACTING ENTITY, SERVICES PROVIDER shall not be entitled to any prior or future payments, including, but not limited to, any services, performances, work, products, deliverables, solutions, costs, or expenses, and SERVICES PROVIDER shall release and waive any interest in any retainage. The CONTRACTING ENTITY may hold any outstanding payments for prior completed services or expenses and any retainage as security for payment of any costs, expenses, or damages incurred by the CONTRACTING ENTITY by reason of SERVICES PROVIDER’S breach or other cause. Provided, however, upon notice of termination for cause, SERVICES PROVIDER shall deliver to the CONTRACTING ENTITYservices, products, solutions and deliverables including, but limited to, all documents, data, drawings, specifications, reports, calculations, field notes, tracings, plans, models, computer files, estimates, summaries and other information and materials accumulated or created in performing this Agreement, whether complete or incomplete, unless the notice directs otherwise.


(3) The rights and remedies of the CONTRACTING ENTITY provided in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. Termination herein shall not terminate or suspend any warranty, indemnification, insurance, or confidentiality required to be provided by SERVICES PROVIDER under this Agreement.

(a) Upon notice to SERVICES PROVIDER, the CONTRACTING ENTITY may issue a stop work order suspending any services, performances, work, products, deliverables, or solutions under this Agreement. Any stop work order shall not terminate or suspend any warranty, indemnification, insurance, or confidentiality required to be provided by SERVICES PROVIDER under this Agreement. In the event the CONTRACTING ENTITY issues a stop work order to SERVICES PROVIDER, the CONTRACTING ENTITY will provide a copy of such stop work order to SERVICES PROVIDER. Upon receipt of a stop work order issued by the CONTRACTING ENTITY, SERVICES PROVIDER shall suspend all work, services and activities except such work, services, and activities expressly directed by the CONTRACTING ENTITY in the stop work order. Upon notice to SERVICES PROVIDER, this Agreement, and any or all work, services, and activities thereunder, may be suspended up to thirty (30) days by the CONTRACTING ENTITY, without cause and without cost to CONTRACTING ENTITY; provided however, SERVICES PROVIDER shall be entitled to an extension of all subsequent deadlines for a period equal to the suspension periods for those suspended work, services, and activities only. The CONTRACTING ENTITY’S Contract Administrator is hereby authorized to issue stop work orders on behalf of the CONTRACTING ENTITY.

6. Obligation upon Termination for Convenience.

In the event this Agreement is terminated for convenience hereunder, the CONTRACTING ENTITY shall pay SERVICES PROVIDER for such properly documented invoices, if any, in accordance with the provisions of this Agreement above, through the date of termination for convenience and the period set forth in the notice, and thereafter the CONTRACTING ENTITY shall have no further liability under this Agreement to SERVICES PROVIDER and SERVICES PROVIDER shall have no further obligations to the CONTRACTING ENTITY.

7. Warranties

(a) SERVICES PROVIDER warrants that all services, products, solutions and deliverables performed or provided under this Agreement shall be performed consistent with generally prevailing professional standards and expertise. SERVICES PROVIDER shall maintain during the course of this Agreement said standard of care, expertise, skill, diligence and professional competency for any and all such services, products, solutions and deliverables. SERVICES PROVIDER agrees to require all members of the SERVICES PROVIDER’S Project Team to provide any and all services, products, solutions and deliverables at said same standard of care, expertise, skill, diligence and professional competence required of SERVICES PROVIDER.

(b) During the term of this Agreement, CONTRACTING ENTITY’S initial remedy for any breach of the above warranty shall be to permit SERVICES PROVIDER one additional opportunity to perform the services, or provide the products, solutions and deliverables without additional cost to CONTRACTING ENTITY. If SERVICES PROVIDER cannot perform the services, or provide the products, solutions and deliverables according to the standards and requirements set forth in this Agreement within thirty (30) calendar days of the original performance date, the CONTRACTING ENTITY shall be entitled to recover, should the CONTRACTING ENTITY so determine to be in their best interest, any fees paid to SERVICES PROVIDER for previous payments, including, but not limited to, services, products, solutions, and deliverables and SERVICES PROVIDER shall make reimbursement or repayment within thirty (30) days of a demand by the CONTRACTING ENTITY. Should SERVICES PROVIDER fail to reimburse the CONTRACTING ENTITY within thirty (30) days of demand, the CONTRACTING ENTITY shall also be entitled to interest at 1.5% percent per month on all outstanding reimbursement and repayment obligations.

(c) The SERVICES PROVIDER also acknowledges and agrees to provide all express and implied, warrants required or provided for by Oklahoma statutory and case law. This warrant is in addition to other warranties provided in or applicable to this Agreement and may not be waived by any other provision, expressed or implied, in this Agreement or in any Attachment hereto.

6. Indemnification

(a) SERVICES PROVIDER agrees to release, defend, and indemnify the CONTRACTING ENTITY, and each of them, and hold the CONTRACTING ENTITY, and each of them, harmless against any losses, claims, damages, liabilities, expenses (including all reasonable legal fees and expenses), judgments, fines or settlements in connection resulted from the intentional acts or omissions, negligence, and misconduct of SERVICES PROVIDER and the SERVICES PROVIDER’S Project Team. Any such indemnification or reimbursement shall


be made by SERVICES PROVIDER within thirty (30) days of an appropriate finding of facts, whether by mutual agreement or by a court of law.

(b) The provisions of this paragraph shall survive the expiration of this Agreement. It is understood that these indemnities and hold harmless provisions are not limited or defined by the insurance required under the insurance provisions of this Agreement. 8. Confidentiality

SERVICES PROVIDER acknowledges that in the course of training and providing other support services to CONTRACTING ENTITY, CONTRACTING ENTITY may provide SERVICES PROVIDER with access to valuable information of a confidential and proprietary nature including but not limited to information relating to CONTRACTING ENTITY’S employees, customers, marketing strategies, business processes and strategies, security systems, data and technology. SERVICES PROVIDER agrees that during the time period this Agreement is in effect, and thereafter, neither SERVICES PROVIDER nor SERVICES PROVIDER’S Project Team, without the prior written consent of CONTRACTING ENTITY, shall disclose to any person, other than another member of CONTRACTING ENTITY’S Administrative Team or the SERVICES PROVIDER’S Contract Administrator, any information obtained by SERVICES PROVIDER. SERVICES PROVIDER will require and maintain adequate confidentiality agreements with its employees, agents, contractors, and subcontractors. Services Provider acknowledges and agrees that all records and information received from EMBARK belong solely to EMBARK and are confidential. 9. Miscellaneous.

(a) Validity. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.

(b) No Waiver. The failure or neglect of any party hereto to insist, in any one or more instances, upon the strict performance of any of the terms or conditions of this Agreement, or waiver by any party of strict performance of any of the terms or conditions of this Agreement, shall not be construed as a waiver or relinquishment in the future of such term or condition, but such term or condition shall continue in full force and effect.

(c) No Assignment without Consent. The parties hereby agree that as this is an agreement for the provision of specialized services, therefore SERVICES PROVIDER may not assign this Agreement in whole or in part without the prior written consent of the CONTRACTING ENTITY. In addition, SERVICES PROVIDER agrees that the SERVICES PROVIDER’S Project Manager may not be removed or replaced without the express written consent of the CONTRACTING ENTITY’S Contract Administrator.

(d) Venue and Applicable Law. Clients and SERVICES PROVIDER hereby agree that any dispute, legal proceeding or action which may arise between or among them arising out of or in connection with this Agreement shall be adjudicated before a court located in Oklahoma City, Oklahoma, and each hereby submit to the exclusive personal jurisdiction of the courts of the State of Oklahoma located in Oklahoma City, Oklahoma and of the Federal District Court for the Western District of Oklahoma, located in Oklahoma City, with respect to any action or legal proceeding commenced by any party. The SERVICES PROVIDER irrevocably waives any objection they now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum, relating to or arising out of this Agreement, and consents to the service of process in any such action or legal proceeding by means of registered or certified mail, return receipt requested, in care of the address set forth in the notice provision of this paragraph. This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma.

(e) Descriptive Headings. The descriptive headings herein are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

(f) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.

(g) Amendments. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written amendment executed by each of the parties hereto.

(h) Entire Contract. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

(i) Time is of Essence. Both the CONTRACTING ENTITY and SERVICES PROVIDER expressly agree that time is of the essence with respect to this Agreement, and the time for performance of each task shall


be made a part of the Agreement and shall be strictly observed and enforced. Any failure on the part of the CONTRACTING ENTITY to timely object to the time of performance shall not waive any right of the CONTRACTING ENTITY to object at a later time.

(j) Upgrades and Substitutions. During the performance of this Agreement, if any software named in this Agreement is upgraded in the software provider’s product line by software performing the same functions, but using improved technology, then the newer product will be substituted upon the direction and approval of the CONTRACTING ENTITY’S Contract Administrator, or their written designee, and implemented by SERVICES PROVIDER for no increase in costs or fees.

(k) No Extra Work. No claims for extra work, product, services, solution, or deliverables of any kind or nature or character shall be recognized or paid by or be binding upon the CONTRACTING ENTITY unless such services, work, product, solution, or deliverable is first requested and approved in writing by the CONTRACTING ENTITY through a contract amendment.

(l) Notices. Any notice, request, demand or other communication required or permitted hereunder shall be in writing and shall be deemed to have been given if e-mailed, hand delivered, or sent by facsimile transmission (upon confirmation of receipt), or if sent by certified mail (upon the sooner of the expiration of three (3) days after deposit in United States post office facilities properly addressed with first class postage prepaid or acknowledgment of receipt). All notices and payments to a party will be sent to the addresses set forth below or to such other address or person as such party may designate by notice to each other party hereunder:

To SERVICES PROVIDER:

Tolar Manufacturing Company, Inc. 258 Mariah Circle Corona CA 92879 Telephone 951-808-0081 Fax 951-808-0041

To CONTRACTING ENTITY:

Central Oklahoma’s Transportation and Parking Authority (CONTRACTING ENTITY) Attention: City Clerk 200 North Walker Ave, 2nd Floor Oklahoma City, Oklahoma 73102 Telephone: (405) 297-2391 Fax: (405) 297-3121

10. CONTRACTING ENTITY’S RESPONSIBILITIES.

(a) All financial obligations of the CONTRACTING ENTITY under this Agreement shall be solely the obligations of CONTRACTING ENTITY regardless of how stated herein.

11. Insurance.

(a) SERVICES PROVIDER shall obtain and provide CONTRACTING ENTITY with a copy of the certificate of insurance prior to execution of the contract by CONTRACTING ENTITY and shall maintain such insurance throughout the term of this Agreement as required and in the form and in the amount set forth in Attachment “B” which is incorporated herein by reference.

(b) SERVICES PROVIDER shall be responsible for providing the CONTRACTING ENTITY actual notice of any change, reduction, suspension, lapse or cancellation of any insurance provided under this Agreement at least thirty (30) days prior to such change, reduction, suspension, lapse or cancellation.

(2) Should any insurance required by this Agreement be changed, reduced, suspended or cancelled, or otherwise lapse for any reason during the term of this Agreement, then CONTRACTING ENTITY may terminate this Agreement for cause and SERVICES PROVIDER shall also be liable and responsible for any claim by CONTRACTING ENTITY on their own behalf or on behalf of another, for:

(a) any loss or damages, including direct, indirect, and consequential; and (b) any cost or expense, including attorney fees, court costs and administrative expenses; and


(c) any other loss, damage cost or expense which would have been covered or assumed by the insurer had the changed, reduced, suspended, terminated, or lapsed policy been in effect without limitation as to the policy amount.

(3) The CONTRACTING ENTITY reserves the right to withhold payment of any funds otherwise due SERVICES PROVIDER to pay any claim or potential claim which it reasonably believes would otherwise be payable under the insurance policy but only if there is a lapse or termination of any required insurance coverage, or if there is a change in coverage and such change results in a material reduction in the dollar value of coverage or materially changes the policy's scope of coverage.

COTPA Agenda Item No. VI.B.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Ratifying and Approving Addendum No.1, Awarding Contract to RESTEK, Inc. in the Amount of $163,526. as the Lowest Responsible Bidder for Project MB-1453, Public Parking Garage Signs and Approving Bonds. Background The project includes design and installation of five (5) exterior public parking signs

at the following three COTPA parking garages; the Cox Convention Center Parking Garage, the Arts District Parking Garage and the Century Center Garage. The scope of work also provides for electrical connections for illuminations for the signs at each location. The board approved the contract for architectural and construction administration services with FSB on November 2, 2018. The final plans and specifications were approved on August 2, 2019 and the project went out to bid on August 7, 2019. Bids were received on August 28, 2019. Restek, Inc. $163,526 Jim Colley Construction, LLC $224,000 Downey Contracting, LLC $242,400 The lowest and best bid is Restek, Inc. in the amount of $163,526. Work on this project will start in October, 2019 and be completed by February, 2020.

LFR Issue Community Relations Source of Funds Parking Capital Reserves Estimated Cost $164,000 Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Ratify the Administrator's action and approve the contract


COTPA Agenda Item No. VI.C.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Approval of Contract with Dewitt Investments LLC DBA Elite Protection Services for Streetcar Fare Inspection and Security Services, October 4, 2019 through October 3, 2024, Estimated Cost $193,065. Background Current security arrangements for the EMBARK bus system and Oklahoma City

Streetcar include a combination of off duty OKCPD police officers and contract security. The intent of this agreement will be to provide fare inspection for streetcars and facility security services for COTPA facilities, primarily the OKC Streetcar Maintenance Facility. The request for bids was published in the Journal Record on August 7th and August 14th. Bidding ended on August 21st and one bid was received from Elite Protection Services. Recommend approval of the contract with Dewitt Investments LLC DBA Elite Protection Services.

Term 5 years LFR Issue Security, Community Relations Source of Funds Streetcar Operations Estimated Cost $193,065. Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve the contract


COTPA Agenda Item No. VI.D.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Approving Amendment No. 1 and Change Order No. 1, Project MC-0564, CNG Fueling Station, 2000 S May Ave, $176,548.50. Background On December 2, 2016, the Board Approved Amendment No. 1 with Wendel WD

Architecture, Engineering, Surveying, & Landscape Architecture, P.C. D/B/A Wendel WD Design, P.C. for architectural, civil, structural, mechanical, electrical, and CNG fueling system equipment design services for the purposes of producing final Bid Documents for advertisement and managing construction. The construction will comprise of a new CNG vehicle fueling station including compressors, dryers, storage vessels, canopy, dispensers, and other necessary equipment. Amendment No. 1 provides for additional quantities of topsoil required for the site due the inadequate amount found onsite during construction. Change Order No. 1 provides for (13) thirteen additional contract days due to weather, and (45) forty-five contract days for a revised regulator for higher suction pressure, changed aggregate base, electrical conduit and wire changes, irrigation sleeves, install HDPE piping to MSA, all associated with the work outside the original scope of work. Original Contract Amount $ 3,265,322.80 Amendment No. 1 $ 57,024.00 Change Order No. 1 $ 119,524.50 increase 3.66% Revised Contract Amount $ 3,441,871.30 58 additional calendar days for completion of the work associated with this Change Order are added making the current contract time 323 working days. Original Contract Time: 265 Calendar Days Change Order No. 1: 58 Calendar Days Revised Contract Time: 323 Calendar Days

Cost $ 176,548.50 Source of Funds Federal Grants/Transit Capital Reserves LFR Issue Sustainable Growth and Service Development Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve Amendment and Change Order

ARCHITECTURE | ENGINEERING | ENERGY EFFICIENCY | CONSTRUCTION MANAGEMENT

Centerpointe Corporate Park, 375 Essjay Road, Suite 200, Williamsville, NY 14221 p 716.688.0766 w wendelcompanies.com

September 17, 2019

Chairman and Board of Trustees

Central Oklahoma Transportation and Parking Authority

2000 S May Ave

Oklahoma City, Oklahoma 73108

Re: Amendment No. 1 and Change Order No. 1

Project MC-0564 CNG Fueling Station, Ward 6

Chairman and Board of Trustees:

I. Background:

This project consists of furnishing all labor, materials, equipment, transportation, and incidentals necessary and required for the complete construction of improvements in the vicinity of 2000 S. May Avenue, Oklahoma City, OK 73108. Major Items of work include:

• Construction and Installation of a new compressed natural gas (CNG) fueling system and associated infrastructure.

II. Scope

Amendment No. 1 provides for increases to the pay quantity items reflecting field and as-built conditions and will provide additional topsoil not adequate for germination.

Change Order No. 1 will provide Lost Construction Time, Installation of Regulator, Installation of OKDOT Type A Base, Conduit Changes, Irrigation Services Installation, HDPE Pipe MSA and Schedule Changes.

III. Justification

Due to inadequate topsoil, increases to the pay items’ quantities were required. Therefore Amendment will adjust the pay item quantities.

The Change Order was needed because of weather conditions, utility changes and miscellaneous Owner-Approved project modifications.


IV. Cost Estimate

Amendment No. 1

Item No.

Item Description Unit Unit Price

Original Quantity

Amended

Quantity

Total

1 Stockpiled Topsoil Not Adequate for Germination

SF $1.92 1,000 sq. ft. 30,700 sq. ft. $57,024.00

Amendment No. 1 Adds $57,024.00.

Change Order No. 1

Item No. Item Description Unit Unit Price Quantity Total

1 Weather Days (13 days) $0 $0 $0 $0.00

2 Installation of Regulator $0 $0 $0 $52,307.21

3 Installation of OKDOT Type A Base $0 $0 $0 $23,019.98

4 Conduit Changes $0 $0 $0 $25,738.76

5 Sleeves for Concrete and Stone Drives $0 $0 $0 $1,520.89

6 Installation of HDPE Piping to MSA $0 $0 $0 $16,937.66

7 Schedule Change (45 Additional Days) $0 $0 $0 $0.00

Amendment No. 1 represents an Increase of $57,024.00 to the original contract. Change Order No. 1 represents an increase of $119,524.50 or 3.66% over the original contract price. When Amendment No. 1 and Change Order No. 1 are added to the original contract price the revised contract price is $3,441,871.30.

V. Contract Price

Original Contract Price $3,265,322.80

Change Order No. 1 $119,524.50 3.66%

Change Order Total $119,524.50 3.66%

Amendment No. 1 $57,024.00_________

Amendment Total $57,024.00

Revised Contract Amount $3,441,871.30

323 additional calendar days for completion of the work associated with this Change Order are added making the current contract time 323 working days.

Original Contract Time: 265 Calendar Days

Change Order No.1 58 Calendar Days

Revised Contract Time: 323 Calendar Days


Reviewed for Form and Legality.


APPROVED by the Central Oklahoma Transportation and Parking Authortity this __ day of _________201__.

ATTEST:

Secretary Chairman

COTPA Agenda Item No. VI.E.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Change Order No. 7 for Project No. MB-1343, Santa Fe Parking Garage, White Box & Tenant Improvements Extending and Accepting the Project and Placing Maintenance Bond into Effect. Background On September 8, 2017, the Board approved a contract assignment with Beck

Design for the design of improvements at the Santa Fe Parking Garage at Sheridan. The scope of the project includes the White Box & Tenant Improvements at the Santa Fe Parking Garage. White Box & Tenant Improvements includes full remodel of existing lease spaces #1, #4, #7, and #8. The interior of the lease spaces will be fully demolished, and new services are being provided, including fire sprinkler. The scope of the project includes interior partitions for offices and meeting rooms, ceiling systems, LED lighting, HVAC systems, flooring, and other related improvements for tenant occupancy. Change Order No.7 extends the Contract Time an additional 63 days beyond the previously established date of final completion. The Construction Schedule has been extended due to unforeseen conditions related to the existing fire alarm control panel and fire suppression systems. This project is ready for final acceptance. Regular inspections were conducted over the duration of this project. The final inspection was conducted on August 21, 2019 and September 26, 2019. All punch list items have been completed to staff satisfaction. The following were present at the final inspections: Casey Trap and Jacob Estrada Beck Design Jon Dowell and Rick Ritter Jenco Construction Susan Torres City of Oklahoma City - Public Works Cory Hubert COTPA/EMBARK Karen Youngblood UCO Representative Keith Wilkinson General Services - ADA Kyle Melson OKC Public Works - Field Services Jon Dowell Jenco Construction Susan Torres City of Oklahoma City – Public Works

Cost Original Contract: $ 2,755,000.00

Change Order No.1: $ (781.78) Change Order No.2: $ (23,658.00) Change Order No.3: $ 18,283.25 Change Order No.4: $ 12,698.00 Change Order No.5: $ 12,165.00 Change Order No.6: $ 14,976.78

Change Order No.7: NO COST Total of Change Order Nos. 1 through 7 $ 33,683.25 Current Contract Amount: $ 2,788,683.25

LFR Issue State of Good Repair Source of Funds Parking Capital Account Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Approve the change order


COTPA Agenda Item No. VI.F.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Resolution Authorizing the Administrator to Enter Negotiations with the Successful Proposer Four Nines Technology for COTPA RFP2019024, Consultant for Multimodal Transportation Technology, Estimated Cost $100,000 over two years. Background In May a RFP was approved seeking a contractor to conduct a needs assessment,

gap analysis and cost benefit analysis of the current Trapeze system and, if needed the TripSpark system implemented in 2013. Final reports and recommendations will guide staff in next steps for ensuring EMBARK is equipped with modern and secure technology that supports the planning, scheduling, and operation of a customer focused multimodal transportation system. The RFP was published in the Journal Record on June 12th and 19th, 2019. Bidding closed on July 31st and proposals were received from Four Nines Technology and Computer Consultants International Inc. The evaluation committee, consisting of representatives from EMBARK, City Information Technology and the Board of Trustees, reviewed both proposals and unanimously recommend entering negotiations with Four Nines Technology.

Source of Funds Federal 80% Local Share 20% LFR Issue State of Good Repair Estimated Cost $100,000 Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Adopt the resolution


COTPA Agenda Item No. VII.A.

10/04/2019

TO: Chairman and Board of Trustees FROM: Administrator Ratification of Payroll and Vendor Claims for the Period September 3 through September 24, 2019 Background The attached payroll and vendor claims for the public transportation and parking

systems represent normal operating or capital expenditures. Parking had a total outlay of $540,062 for the period with major expenditures of: $ 475,894.69 Jenco Construction Company (Santa Fe parking garage-white box tenant space improvements) Transit had a total outlay of $3,036,661 for the period with major expenditures of: $2,088,576.17 Payroll for the period 33,139.49 Jim Cooley Construction LLC (maintenance facility CNG upgrades – phase II) 12,855.17 Lettering Express OK Inc (bus stop signage) 18,546.31 National American Insurance Co. (FY’20 insurance claims/indemnity/bus) 71,393.58 Penley Oil Company (fuel) 16,100.00 Transit Security (Sep ‘19 security - various vendors attached) Spokies had a total outlay of $14,890 for the period with major expenditures of: $ 13,539.04 Bicycle Transit Systems Inc (July’19 management fee, July’19 expenses) Streetcar had a total outlay of $195,389 for the period with major expenditures of: $ 36,946.95 Streetcar Security (Sep ’19 security – various vendors attached) The River Transit System had a total outlay of $68,173 for the period with major expenditures of: $ 64,000.00 HMS Ferries, Inc Sep‘19 contract fee)

Review Public Transportation and Parking Department and Municipal Counselor’s Office Recommendation: Ratify payroll and vendor claims.


TRANSIT SECURITY

Sherrica Buckingham - Transit Center Security 240.00

Sherrica Buckingham - Transit Center Security 240.00

Joseph Busch - Transit Center Security 320.00

Joseph Busch - Transit Center Security 320.00

Miguel Campos - Transit Center Security 320.00

Miguel Campos - Transit Center Security 320.00

Randall Chapman - Transit Center Security 380.00

D.N. Watts, Inc. - Transit Center Security 320.00

Melvin Davis - Transit Center Security 160.00

Carlos Franklin - Transit Center Security 380.00

Elizabeth Herman - Transit Center Security 320.00

Erik Howell - Transit Center Security 380.00

Erik Howell - Transit Center Security 380.00

Erick Huff - Transit Center Security 320.00




Jeff Owen - Transit Center Security 380.00

Jeff Owen - Transit Center Security 380.00

Clifton Taylor - Transit Center Security 380.00




Arnold Upshaw - Transit Center Security 240.00

Arnold Upshaw - Transit Center Security 320.00

Reynaldo Vasquez - Transit Center Security 240.00



Terri Ybarra - Transit Center Security 380.00Sherrica Buckingham - Transit Center Security 240.00Sherrica Buckingham - Transit Center Security 320.00Miguel Campos - Transit Center Security 320.00Miguel Campos - Transit Center Security 320.00Miguel Campos - Transit Center Security 320.00Randall Chapman - Transit Center Security 380.00Randall Chapman - Transit Center Security 240.00T.G. Childs - Transit Center Security 380.00T.G. Childs - Transit Center Security 380.00D.N. Watts, Inc. - Transit Center Security 320.00Melvin Davis - Transit Center Security 240.00Melvin Davis - Transit Center Security 380.00

Carlos Franklin - Transit Center Security 380.00Elizabeth Herman - Transit Center Security 280.00Don Holland - Transit Center Security 240.00Erik Howell - Transit Center Security 380.00Erick Huff - Transit Center Security 240.00Jeff Owen - Transit Center Security 380.00Jeff Owen - Transit Center Security 380.00Clifton Taylor - Transit Center Security 380.00Clifton Taylor - Transit Center Security 380.00Arnold Upshaw - Transit Center Security 320.00Arnold Upshaw - Transit Center Security 300.00Arnold Upshaw - Transit Center Security 300.00Reynaldo Vasquez - Transit Center Security 240.00Sherrica Buckingham - Transit Center Security 240.00Sherrica Buckingham - Transit Center Security 160.00Sherrica Buckingham - Transit Center Security 320.00Sherrica Buckingham - Transit Center Security 240.00Joseph Busch - Transit Center Security 320.00Joseph Busch - Transit Center Security 240.00Joseph Busch - Transit Center Security 240.00Miguel Campos - Transit Center Security 460.00Miguel Campos - Transit Center Security 320.00Miguel Campos - Transit Center Security 320.00Randall Chapman - Transit Center Security 380.00T.G. Childs - Transit Center Security 380.00D.N. Watts, Inc. - Transit Center Security 320.00Ivan Esau - Transit Center Security 380.00Carlos Franklin - Transit Center Security 380.00Elizabeth Herman - Transit Center Security 320.00Erik Howell - Transit Center Security 380.00Erick Huff - Transit Center Security 240.00Michael Roof Security - Transit Center Security 320.00Michael Roof Security - Transit Center Security 160.00Carmen Mustari - Transit Center Security 380.00Jeff Owen - Transit Center Security 380.00Jeff Owen - Transit Center Security 380.00Arnold Upshaw - Transit Center Security 240.00Arnold Upshaw - Transit Center Security 320.00Reynaldo Vasquez - Transit Center Security 240.00

16,100.00

STREETCAR SECURITY

Justin Adams - Streetcar Security 240.00

Justin Adams - Streetcar Security 320.00

Gregory Ballard - Streetcar Security 240.00

Gregory Ballard - Streetcar Security 240.00

Jacob Brewer - Streetcar Security 240.00

Sherrica Buckingham - Streetcar Security 240.00

Joseph Busch - Streetcar Security 320.00



Randall Chapman - Streetcar Security 240.00

T.G. Childs - Streetcar Security 240.00

Vanessa Davis - Streetcar Security 240.00

Matthew Guy - Streetcar Security 320.00

James Herlihy - Streetcar Security 480.00

Don Holland - Streetcar Security 240.00

Erica Jackson - Streetcar Security 240.00

Kimberly Kimmel - Streetcar Security 480.00

Kimberly Kimmel - Streetcar Security 240.00

Carmen Mustari - Streetcar Security 240.00



John Ricketts - Streetcar Security 240.00

Lawrence Robinson - Streetcar Security 320.00

Lawrence Robinson - Streetcar Security 240.00

Mark Smith - Streetcar Security 480.00

William Smith - Streetcar Security 240.00

Kevin Southerland - Streetcar Security 480.00

Kevin Southerland - Streetcar Security 240.00

Kevin Southerland-Streetcar Security 240.00

Clifton Taylor - Streetcar Security 220.00

Clifton Taylor - Streetcar Security 240.00

Arnold Upshaw - Streetcar Security 320.00

Arnold Upshaw - Streetcar Security 280.00

Oklahoma Gas & Electric Company 4551.53

Oklahoma Gas & Electric Company 3135.42

Justin Adams - Streetcar Security 320.00Justin Adams - Streetcar Security 320.00Gregory Ballard - Streetcar Security 240.00

Gregory Ballard - Streetcar Security 240.00Jacob Brewer - Streetcar Security 240.00Sherrica Buckingham - Streetcar Security 240.00Joseph Busch - Streetcar Security 320.00Randall Chapman - Streetcar Security 240.00T.G. Childs - Streetcar Security 240.00T.G. Childs - Streetcar Security 240.00Melvin Davis - Streetcar Security 240.00Matthew Guy - Streetcar Security 320.00James Herlihy - Streetcar Security 480.00James Herlihy - Streetcar Security 240.00Erick Huff - Streetcar Security 240.00Kimberly Kimmel - Streetcar Security 240.00Kimberly Kimmel - Streetcar Security 480.00Kimberly Kimmel - Streetcar Security 240.00Kimberly Kimmel - Streetcar Security 280.00Kimberly Kimmel - Streetcar Security 240.00Mayday Security Services - Streetcar Security 160.00Michael Roof Security - Streetcar Security 240.00Michael Roof Security - Streetcar Security 240.00 C.J. (Carmen Joseph Mustari - Streetcar Security 240.00Jeff Owen - Streetcar Security 240.00Lawrence Robinson - Streetcar Security 240.00Lawrence Robinson - Streetcar Security 320.00Lawrence Robinson - S itCar Security 240.00Lawrence Robinson - Streetcar Security 320.00Mark Smith - Streetcar Security 480.00Kevin Southerland - Streetcar Security 240.00Clifton Taylor - Streetcar Security 240.00Clifton Taylor - Streetcar Security 240.00Arnold Upshaw - Streetcar Security 240.00Arnold Upshaw - Streetcar Security 280.00Justin Adams - Streetcar Security 240.00Justin Adams - Streetcar Security 280.00Justin Adams - Streetcar Security 320.00Jacob Brewer - Streetcar Security 240.00Sherrica Buckingham - Streetcar Security 240.00Joseph Busch - Streetcar Security 320.00Joseph Busch - Streetcar Security 240.00Randall Chapman - Streetcar Security 240.00T.G. Childs - Streetcar Security 240.00T.G. Childs - Streetcar Security 240.00Braden Downs - Streetcar Security 480.00Jeff Flaggert - Streetcar Security 240.00

Jeff Flaggert - Streetcar Security 480.00Jeff Flaggert - Streetcar Security 240.00Matthew Guy - Streetcar Security 320.00James Herlihy - Streetcar Security 480.00James Herlihy - Streetcar Security 400.00Don Holland - Streetcar Security 240.00Erick Huff - Streetcar Security 240.00Erick Huff - Streetcar Security 240.00Kimberly Kimmel - Streetcar Security 240.00Kimberly Kimmel - Streetcar Security 240.00Kimberly Kimmel - Streetcar Security 240.00Mayday Security Services - Streetcar Security 240.00C.J. (Carmen Joseph Mustari - Streetcar Security 240.00Lawrence Robinson - Streetcar Security 240.00Lawrence Robinson - Streetcar Security 320.00Lawrence Robinson - Streetcar Security 320.00Mark Smith - Streetcar Security 480.00Arnold Upshaw - Streetcar Security 240.00Arnold Upshaw - Streetcar Security 240.00Arnold Upshaw - Streetcar Security 280.00Eric Wooten - Streetcar Secunty 480.00

36,946.95

TRANSIT SYSTEM REPORT August 2019

Purpose The Transit System Report provides a summary of both internal indicators and performance

measures that are used to evaluate the performance of the EMBARK transportation system. The internal indicators are used primarily by staff to compare performance to previous

periods whereas, the performance measures having specific targets, are more outcome based and are included in EMBARK’s strategic business plan to help demonstrate

accomplishments given the resources that are provided. The internal indicators and performance measures included in this report address ridership, dependability, safety and

align with EMBARK’s mission statement to: “…provide dependable multimodal public

transportation services to the citizens and visitors of the greater Oklahoma City metropolitan area so they can experience friendly, convenient, safe and affordable transit

services.”

Ridership Fixed and Express Routes: The average daily ridership (M-F) for local and commuter

route service for the Oklahoma City transit system in August 2019 was 10,260 a decrease

of 3.29% from August 2018, which was 10,609. The ridership totals include (M-F) the Circ of 82 passengers per day. The average daily Saturday ridership for local route service was

4,960 an increase of 8.16% from August 2018, which was 4,586. The average daily Sunday ridership for local route services was 2,860. The Circ average Saturday ridership, included

in Saturday totals, was 47 and 40 for Sunday. Monday through Friday ridership, as

measured by passengers per revenue hour, was 16.46 in August 2019 compared to 17 in August 2018. The total year-to-date ridership for local and commuter routes Monday

through Sunday was 539,128 passengers compared to 512,001 in August 2018, an increase of 5.3%. The cumulative annual total for all types of services on all days is 627,849

passengers compared to 543,406 in August 2018.

6,000

6,500

7,000

7,500

8,000

8,500

9,000

9,500

10,000

10,500

11,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

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ay

Average Weekday EMBARK Transit Ridership(Fixed and Express Routes)

FY18-19

FY19-20


Fixed-Route Night Service: Total evening ridership for Routes 5, 11, 13, 22, 23 and the

Circ in August 2019, was 11,178 compared to 10,244 the previous year. The result is an

average nightly passenger count of 508 passengers compared to 445 in August 2018, 14.03% increase in average passengers per night. Weeknight ridership, as measured by

passengers per revenue hour, was 10.16 in August 2019 compared to 8.91 in August 2018.

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Average Daily RidershipCirc (Mon - Sun)

FY19-20

FY18-19

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450

500

550

July Aug Sept Oct Nov Dec Jan Feb Mar April May June

Pas

sen

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Average Daily RidershipNight Service

FY19

FY20


EMBARK Plus and Mobility Management: Ridership for the elderly and people with

disabilities, which includes EMBARK Plus paratransit service, STEP (senior shopping trips), Congregate Meal, Share-A-Fare, medical trips and other services was 421 passengers per

day in August 2019, compared to 521 in August 2018. This passenger count is 19.3% lower than August 2018.

Streetcar: Total ridership for the streetcar in August 2019, was 29,459. The result is an average daily passenger count of 960 passengers. Ridership, as measured by passengers

per revenue hour, was 13.49.

Dependability On-Time Performance: One of the key performance measures in the strategic business

plan is on-time performance. This measure is an indicator of the dependability of the transit system. For August 2019, the percentage of bus arrivals that fell within acceptable

limits was 64.33% which is a 2.19% increase from August 2018, which was 62.95%.

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Average Daily RidershipEMBARK Plus & Mobility Management

FY18-19

FY19-20

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Total Monthly EMBARK Transit Ridership(Streetcar)

FY19-20


Road Calls: The number of miles driven between mechanical road calls is another

indicator of dependable service. The distance between road calls during August 2019, was

28,893 miles compared to 39,504 miles in August 2018. The new twelve-month average is 34,982 miles.

Safety Preventable Accidents: This standard is the number of revenue miles between preventable accidents. In August 2019, there were eight preventable accidents. There

were three non-preventable accidents. Our 12-month preventable accident rolling average is 70,375 miles. In August 2018, the 12-month preventable accident rolling average was

79,716 miles. The number of miles between all accidents for EMBARK during the past 12

months is 42,608.

60.0%

62.5%

65.0%

67.5%

70.0%

72.5%

75.0%

77.5%

80.0%


On-Time Performance

FY19

FY20

0

10000

20000

30000

40000

50000

60000

70000

80000

90000

Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug

Mile

s

Miles Between Roadcalls (Last 12 Months)

Roadcall Miles

COTPA 12 Month Ave.


Summary of Services Table: August 2019

The table below provides daily averages for the number of passengers carried by many of the services

provided by EMBARK. The year-to-date (YTD) figures are cumulative, based on the year beginning on August 1, 2018.

Family of Services Details: August 2019

* - Estimated numbers ADP: (Average Number of Daily Passengers) FY YTD: (Fiscal Year, Year-to-Date Cumulative Passenger Count Estimate)

0

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Mile

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Miles Between Preventable Accidents (Last 12 Months)

COTPA PREVEN. COTPA PREV AVE COTPA ALL ACC AVE

SERVICE ADP

August 19’

FY2019

YTD

FY2018

YTD

SERVICE ADP

August 19’

FY2019

YTD

FY2018

YTD

OKC Fixed-Routes (M-F) 10,260 450,161 456,314 Meal Sites 51 3,070 4,041

Circ (M-F)

82 3,356 2,180 Shopping 3 1,080 1,841

Night Service (M-F) 508 22,166 19,593 Senior

Companion

0 0 110

OKC Fixed-Routes (Sat) 4,960 43,473 36,094 Interim 2 88 439

Circ (Sat) 47 479 386 Medical 39 1,844 1,135

OKC Fixed-Routes (Sun) 2,860 23,328 - DLC 22 1,459 880

Circ (Sun) 40 345 - EMBARK Well 3 160 -

EMBARK Plus OKC(M-Sun) 148 9,098 8,967 CDBG 153 9,150 13,992

Streetcar 960 62,772 -

Cumulative for All Services

627,849 543,406


Performance Measures Included in Leading for Results (LFR) Strategic Business Plan

MEASURE FY 2020

YTD FY 2020

Targets

# of passengers per service hour (M-F Fixed-Route) 16.41 15.74

# of passengers per operating day (M-F Fixed-Route) 10,231 9,936

% of on-time bus arrivals 66% 75%

# of miles driven between road calls for fixed-route 14,948 16,000

# of vehicle accidents per 100,000 miles 3.96 3.04

# of passenger claims per 100,000 service miles .38 .49

Modern Streetcar Update October 4, 2019

1

Operations

• OKC Streetcar / EMBARK continues to work with State Safety Oversight (SSO) to resolve all Corrective

Action Plans (CAPS) and responded to (2) CAPS for review by ODOT

• OKC Streetcar hosted the USA Accelerate Advisory Council and Mayor Holt provided a tour of OKC on board

the OKC Streetcar

• OKC Streetcar held the Arts Council OKC “Art Moves” event with special guest Rhyan “Spunk” Adams

performing on board the streetcar from 12-1 during a weekday.

• OKC Streetcar hosted the Storm Water Quality department to take their department photo.

• OKC Streetcar participated in the 2019 Infraday South conference.

• OKC Streetcar attended and participated in the 2019 Rail~Volution in Vancouver, British Columbia.

• OKC Streetcar / EMBARK attended the ODOT Strategic Traction session on moving transit and mobility

forward in Oklahoma.

• OKC Streetcar / HTSI / ODOT attended the 2019 FTA Joint State Safety Oversight (SSO) and Rail Transit

Agency (RTA) Workshop

• OKC Streetcar / KC Streetcar visited and explored the DC Streetcar and DC Metro Rail systems.

• EMBARK / South West Transit Association (SWTA) participated in legislation discussion with DOT’s Federal

Transit Administration, Acting Administrator K. Jane Williams and staff.

• OKC Streetcar / Parking OKC coordinated a promotion for Scissortail Park opening to allow residents and

visitors to park in one of EMBARK’s garages and up to 4 people could ride the streetcar for free using the

parking receipt as proof or fare.

• OKC Streetcar participated in the Scissortail Park Grand Opening weekend.

LONG RANGE PLAN UPDATE – SEPTEMBER 2019 Regional Fixed Guideway Plan (FGP)

• Presented the Northwest Bus Rapid Transit (NW BRT) project at an Asian District Cultural Association meeting

• Held kickoff with engineering consultant to initiate design for the Northwest BRT project ACOG

• Prepared a FY 2019 Transportation Improvement Program (TIP) Amendment designed to help program federal State of Good Repair funds for river improvements

• Participated in ACOG’s meeting about refining regional criteria on awarding Surface Transportation Block Grant (STBG) funds, and provided comments

Incremental Improvements to Existing Service

• Coordinated with partners to provide and promote a grocery shuttle van service from N.E. 23rd and M.L. King to the full-service grocery store about four miles away

• Launched fixed route service on holidays, starting with Labor Day • Continued conceptual design work on a westside passenger transfer station near

Reno/MacArthur • Planned to start operating the City of Norman’s paratransit service in October

Partnership Opportunities

• Assisted the CRES with their realtors’ summit, including help with a TOD charrette for locations along the NW BRT Route

• Hosted the region’s Quarterly Transit Coordination meeting at COTPA in September • Assisted the Lynn Institute and others with materials about travel options for food access

for near northeast Oklahoma City residents • Met with the Mayors Committee on Disability Concerns (MCDC)

Aug-18 Aug-19 Difference Prior Month

Spaces Available 4,445 3,095 (1,350) 3,095

Monthly Spaces Sold 3,588 2,203 (1,385) 2,179

Spaces Vacant 857 892 35 916

Vacancy Rate 19.28% 28.82% 9.54% 29.60%

Total Operating Revenue 550,797$ 370,755$ (180,042)$ 347,883

GARAGE MONTHLY MONTHLY OCCUPANCY

ACTUAL SPACES SPACES BY

FACILITY SPACES AVAILABLE SOLD GARAGE

Century Center 779 445 476 107%

Cox Center 994 600 317 53%

Sheridan-Walker 1,041 1,300 990 76%

Arts District 801 750 420 56%

TOTALS 3,615 3,095 2,203 71%

CENTRAL OKLAHOMA TRANSPORTATION & PARKING AUTHORITY

OFF-STREET PARKING STATISTICS - August 2019

AUGUST FACILITY STATISTICS

50%

55%

60%

65%

70%

75%

80%

85%

90%

95%

100%

Percentage of Occupancy

MONTHLY PARKING Aug-18 Aug-19 Difference Prior Month

Monthly Revenue 400,639$ 228,814$ (171,825)$ 211,369$

TRANSIENT PARKING Aug-18 Aug-19 Difference Prior Month

Tickets Issued 15,308 12,770 (2,538) 11,692

Transient Revenue 110,623$ 94,552$ (16,071)$ 80,652$

EVENT PARKING Aug-18 Aug-19 Difference Prior Month

Tickets Issued (Pay at Entry) 4,548 2,566 (1,982) 4,927

Event Revenue 42,804$ 50,638$ 7,835$ 58,931$

Number of Events 39 31 (8) 37

Number of Estimated Attendees * 69,504 31,850 (37,654) 121,490

* As reported by Event Organizers

PARKING REVENUES Aug-18 Aug-19 +/- Prior Month

Total 550,797$ 370,755$ (180,042)$ 347,883$

TENANT LEASE Aug-19 Leased Sq. Ft.

Available Sq.

Ft. Comments

Arts District Garage 13,887$ 13,556 -

Santa Fe Station 4,770$ 4,000 -Total 18,657$ 17,556 -

Credit (Issued) -$

1

Marketing, Communication, and Technology Update October 4, 2019 Marketing Initiatives

Implemented and Managed Social Media

for EMBARK’s Family of Services

Updated and Managed Websites for EMBARK’s

Family of Services

Executed Marketing for EMBARK’s

Family of Services

Hosted Art Moves on the Streetcar & the Transit

Center

Develop Norman Service Materials

Participated in Parking Community Meetings

Managed Advertising and Sponsorship Program

Coordinating Love the Loop Partner Videos

Developing Blog Content for EMBARK’s

Family of Services

Planning for Scissortail Park Opening

Planning for Love the Loop Anniversary

Public Information Initiatives

Administered Open Records Requests

Presented at the SWTA Marketing Conference in

Kansas City

Produced News Releases EMBARK’s Family of

Services

Conducted/Facilitated News Media Interviews with:

> Oklahoman, Journal Record, KOCO, KFOR,

FOX, News9, OETA, Telemundo

Technology Projects

Provided Helpdesk and Technology Support to

EMBARK’s Family of Services

Coordinated Training on RouteMatch Software

Implemented Technology Needs for Norman

Service

Update and Maintain Transit Management

Systems

Supporting Real-Time Display & Messaging

Efforts For Pylons & Website

Developing Real-time Streetcar Map

Marketing, Communications, and Technology Update October 4, 2019

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IT Service Requests Opened

FY 2020

FY 2019

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FY 2020

FY 2019

Staff fielded 100 IT tickets in

August.

August Tickets by Category

Accounts 30

Bus Hardware 17

Computer Hardware 13

General 6

Phone 1

Printer/Copier 10

Software 20

Special Projects 0

Video Request 0

ID Badges 0 CCTV/Access Control 3

In August, staff closed

125% (125) of all opened

IT tickets.

Marketing, Communications, and Technology Update October 4, 2019

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1200

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1300

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1400

1450

SMS Counts Actual

FY 20

In August, there were 1,426

SMS (texts) received for real

time bus tracking information.

Oklahoma River Cruises and Spokies Bike Share Report October 4, 2019

Scheduled Service

Ridership in August 2019 was up 67% from August 2018. There were 230 trips scheduled over

23 days with 189 trips accomplished. Service to Meridian Landing was suspended for the

month, due to silting resulting from heavy rains in May and June. Public Works has engaged a

contractor to remove the silt. Trips to Meridian were rerouted to Regatta Park. Riders per

Service Hour was up 26% over August 2018.

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April May June July August September October November

Ferry Service Riders by Month

2017 2018 2019

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Ferry Service Riders per Hour

2017 2018 2019


Cancelations

August 2019 required fewer cancellations than in prior years. To avoid some cancelations

precipitated by the lowering of the May basin during silt removal, trips between Meridian and

Exchange Landings were diverted to Regatta Park Landing. Public Works continues to work on

removing the accumulated silt and restoring the accessibility of Meridian Landing.

Marketing

EMBARK Marketing staff posted updates on ferry service cancelations and landing closures. In

addition, they promoted private charters in anticipation of the holiday season.

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200


Canceled Trips by Month

2017 2018 2019


Ridership

Bike trips in August 2019 were down 76% from August 2018 and 69% from August 2017. Staff

attributes the decrease to competing modes and higher temperatures. The average temperature

was ten degrees higher in August 2019 than the same month in 2018.

Rider duration in August 2019 was higest in the “30 minutes or more” category. Staff attributes

the increase in ride time to the introduction of DASH, the dockless option, that provides more

flexibility for the rider in destinations and the 3-hour pass option, availbale on the BCycle mobile

app. The Spokies Dash continues to account for 29% of rides which is consistent with the

number of Dash bikes versus Classic bikes.

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Trips by Month

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Less than10 minutes

10-19minutes

20-29minutes

30 minutesor more

Ride Duration - August 2019

Rides by Bike Type

Classic Dash


Marketing

EMBARK staff continue to promote the Spokies DASH and Classic bikes as an option for the

Full Moon Bike Ride held monthly through October. Riders not wanting to bring their own bikes

downtown for the ride can pick up a Spokies bike and use the 3-hour ride option.

CENTRAL OKLAHOMA TRANSPORTATION AND PARKING … · Company Inc. for Bus Shelters and Bus Stop...

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