HomeMy WebLinkAboutAGENDA REPORT 2020 0219 REG CCSA ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 19, 2020
ACTION Approved Staff Recommendation.
BY B.Garza.
C. Consider Request for Proposal to Provide Bus Excursion Services and
Authorization to Advertise for Proposals. Staff Recommendation: Approve the
Request for Proposal and authorize staff to advertise for proposals. (Staff:
Shaun Kroes)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: 02/19/2020 Regular Meeting
SUBJECT: Consider Request for Proposal to Provide Bus Excursion Services
and Authorization to Advertise for Proposals
BACKGROUND AND DISCUSSION
The City Council is being asked to consider a Request for Proposal (RFP) to provide
bus transportation services for existing programs offered by the City Engineer/Public
Works Department and Parks, Recreation and Community Services Department.
Examples of these programs include: the Summer Beach Bus, Camp Moorpark and
Adventure Camp, and the Active Adult Center’s excursions to points of interest.
In 2017, the City competitively bid all of the above listed bus services and awarded an
agreement to Durham School Services, L.P. (Durham). The City’s agreement with
Durham expired December 31, 2019. If approved, the attached RFP will be advertised
and cost proposals will be due to the City on March 19, 2020. Staff anticipates that it
will present a recommendation to award an agreement to the most qualified bidder at
the April 1, or April 15, 2020, City Council meeting. Upon City Council approval, the
new agreement would be effective prior to June 2020, in time for the start of Camp
Moorpark/Adventure Camp and the Beach Bus program. The Active Adult Center does
not presently have any scheduled trips.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
Item: 10.C.
281
Honorable City Council
02/19/2020 Regular Meeting
Page 2
STAFF RECOMMENDATION
Approve the Request for Proposal and authorize staff to advertise for proposals.
Attachment: Bus Excursion Services RFP
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ATTACHMENT
CITY OF MOORPARK
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL (RFP)
FOR
BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES
JANICE PARVIN, MAYOR
CHRIS ENEGREN, COUNCILMEMBER
ROSEANN MIKOS, Ph.D., COUNCILMEMBER
DAVID POLLOCK, COUNCILMEMBER
KEN SIMONS, COUNCILMEMBER
TROY BROWN
-CITY MANAGER-
SEAN CORRIGAN, P.E.
-CITY ENGINEER/PUBLIC WORKS DIRECTOR-
February 20, 2020
Proposal Submission Deadline:
March 19, 2020
Proposals are due by 3:00 p.m.
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NOTICE INVITING REQUESTS FOR PROPOSAL
FOR
BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark (City) as Agency, invites
sealed proposals for the above stated project and will receive such proposals in the
Public Works Department, 799 Moorpark Avenue, Moorpark, California, 93021 up to the
hour of 3:00 p.m. on March 19, 2020.
The purpose of this invitation is to solicit proposals for Bus Excursions and Charter Bus
Transit Services.
Proposals shall be prepared on the approved Proposal Forms in conformance with the
Instructions to Proposers and submitted (one original and one copy) in a sealed
envelope plainly marked on the outside, “BUS EXCURSIONS AND CHARTER BUS
TRANSIT SERVICES – DO NOT OPEN WITH REGULAR MAIL”. The City of Moorpark
City Council reserves the right to waive any informalities or irregularities in any proposal
submitted, to reject any or all proposals, and to award agreements to one or more
contractor for one or more of the RFP items. Proposals will remain valid for ninety (90)
days while the City reviews.
Hardcopy to:
City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
• Documents are to be single sided and printed on recycled content paper
(minimum of 30% post-consumer recycled content).
• Proposals may be hand delivered to the City receptionist at 799 Moorpark
Avenue.
This Request for Proposal (RFP) does not commit the City to award an Agreement, nor
pay for any costs incurred in the preparation of a proposal for this request. The City
reserves the right to accept or reject any or all proposals received as a result of this
RFP, to negotiate with any qualified firm or to modify or cancel in part or in its entirety
the RFP if it is in the best interests of the City to do so.
Proposal Packets and Proposal Forms may be picked up at Moorpark City Hall, 799
Moorpark Avenue, mailed upon request, or downloaded from the City’s website at
http://www.moorparkca.gov/Bids.aspx.
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All questions relating to this RFP should be addressed in writing (E-mail is acceptable)
to:
City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
skroes@moorparkca.gov
The deadline for questions is March 6, 2020, at 4:00 p.m. All questions will be recorded
and submitted, with answers, to all known Proposers by 5:00 p.m., March 13, 2020.
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TABLE OF CONTENTS
PAGE
I. Introduction……………………………………………………………………….....…5
II. Services to be Performed…………………………...…………………………....….5
A. Moorpark Beach Bus
B. Camp Moorpark & Adventure Camp
C. Active Adult Center
III. Proposal Content/Format………………..……………………………………….…..6
IV. Proposal Evaluation and Selection………………..………………………..…...…7
V. General Proposal Terms and Conditions…………………………………….……7
A. Agreement Requirement
B. Communications Regarding RFP
C. Modification or Withdrawal of Submittals
D. Property Rights
E. Confidentiality
F. Non-Commitment of City
G. Insurance Endorsement
H. Subcontractor Approval
VI. Proposal Checklist…………………………………………………………………….9
EXHIBITS
A. Proposal Checklist
B. Scope of Services
C. Proposal Cost Form and Addenda
D. Proposer Reference Forms – Parts I and II
E. Vehicle Identification Forms –
F. List of Subcontractors
G. Moorpark City Transit Rules
H. Agreement (including insurance requirements)
H-1. Sample Endorsements
H-2 Sample Waiver of Transfer of Rights of Recovery Against Others to Us
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I. Introduction
This RFP seeks proposals from qualified firms for bus excursion and charter bus
services, including, but not limited to: the Moorpark Summer Beach Bus, winter spring
and summer camps (Camp Moorpark and Adventure Camp), and Active Adult Center
charters. It is anticipated that all services will be day trips, typically five to ten hours in
duration. Most, but not all of the activities will occur between June and August of each
year, during the traditional school summer break. In recent years, the City has
contracted for about 500 to 600 hours of excursion and charter services per year.
Basic level of service consists of one contractor-provided bus for each excursion or
charter event, and being able to provide additional buses due to increased demand or
mechanical break down. A recent model school bus that is ADA compliant could meet
the requirements of this RFP for excursion services.
Operations of the transportation services contemplated by this RFP shall be conducted
in accordance with the terms and conditions contained herein, in the Scope of Services
(Exhibit B), the Agreement (Exhibit H) and other documents, laws and regulations
governing this project.
II. Services to be Performed
Proposals shall be for providing dispatchers, vehicles, and drivers for various bus
excursions and for operating and maintaining sufficient vehicles and backup vehicles to
ensure uninterrupted service.
Operation Services
A. Moorpark Beach Bus - The Moorpark Beach Bus operates from 8:50 a.m. to 6:50
p.m. for approximately nine (9) to ten (10) weeks from mid-June to mid-August.
The current intent of the City is to offer this service on Tuesdays, Wednesdays,
and Thursdays. The public transportation service included in this Scope of
Service consists of a single vehicle service for the City with nine(9) to ten (10)
revenue hours per day. A school bus is usually adequate for this service.
Contractor shall provide service between various stops in the City and a beach
destination, such as Zuma County Beach in Malibu or Ventura Harbor in Ventura.
This shall be an unsupervised public transit service. One vehicle shall make two
(2) or more round trips each day of service in accordance with a published
schedule. Schedule adherence is important for this service. Contractor shall
have the ability to dispatch a secondary vehicle (“tripper bus”) in the event City
requests additional passenger capacity.
The City shall determine and set fares. Contractor shall charge passengers
exactly as specified unless notified by the City that there will be a deviation from
regular fares.
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B. Camp Moorpark & Adventure Camp - Camp Moorpark and Adventure Camp are
summer recreation programs that typically require one or two (1 - 2) buses
Tuesday through Thursday for a ten (10) to eleven (11) week period from June
through August. Trips are taken by children ages 5-14. Trip destinations include
locations in Ventura, Los Angeles, and Santa Barbara counties. This is a
subscription service. Passengers register in advance with the City. Passengers
are supervised by City staff. The number of passengers can be up to seventy
(70) children and fourteen (14) staff. In some cases, the number of passengers
can be fewer and the City may request a smaller sized vehicle if available.
C. Active Adult Center - Transportation from the Moorpark Active Adult Center to a
local attraction such as a museum or event site, typically within seventy-five (75)
miles of Moorpark, and not usually exceeding ten (10) hours from beginning to
end.
The City, at its sole option, may contract with more than one bus operator or expand or
reduce services during the term of the Agreement. Proposers are encouraged to review
the Scope of Service (Exhibit B) and Agreement (Exhibit H) for more information
regarding operation of services. City may cancel a trip with twenty-four (24) hours
notice with no payment or penalty.
III. Proposal Content/Format
Prospective contractors shall submit a proposal with the required Proposal Cost Form
and Addenda (Exhibit C); Proposer Reference Forms – Parts I and II (Exhibit D);
Vehicle Identification Forms – Parts I and II (Exhibit E); and List of Subcontractors
(Exhibit F, if applicable). The proposal should be provided in a sealed envelope and
marked on the outside of the envelope “BUS EXCURSIONS AND CHARTER BUS
TRANSIT SERVICES – DO NOT OPEN WITH REGULAR MAIL” - with the name of the
firm. Provide one (1) original and one (1) copy.
Submit proposal to: City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON
MARCH 19, 2020.
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IV. Proposal Evaluation and Selection
The Proposal Cost Forms, Proposer Reference Forms, and Vehicle Identification
Forms, must be sealed and received by the City up to the hour of 3:00 p.m. on the 19TH
day of March, 2020. Proposals received after the time and date specified above will not
be considered and will be returned unopened.
All proposals received shall be evaluated with the emphasis placed on:
1. The proposing firm’s ability to meet City requirements.
2. The responsiveness of the proposal.
3. The quality of the equipment quoted for the required cost.
4. Other factors such as the ability to meet service dates and the general
competence of the Proposer.
5. Cost shall be evaluated in relation to other qualified Proposers. The City
need not select the lowest Proposer, but may choose according to the lowest
qualified proposal in the best interest of the City.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective Contractor shall be rejected.
The Proposer is advised that should this RFP result in recommendation for award of an
Agreement, the Agreement shall not be in force until it is approved and fully executed by
the City.
All products used or developed in the execution of any Agreement resulting from this
RFP shall remain in the public domain at the completion of the Agreement.
Compensation under any Agreement resulting from this RFP shall be on a time and
expense basis at rates stated in the cost forms.
A sample of the proposed Agreement is attached herein as Exhibit H. The Contractor
shall adhere to the provisions of this Agreement. The Contractor shall advise the City,
in the proposal transmittal letter, of any provision which they have alternative wording or
any provision which they cannot accept.
Any Agreement awarded as a result of this RFP shall be awarded without discrimination
based on race, color, religion, age, sex, or national origin.
V. General Proposal Terms and Conditions
A. Agreement Requirement - The Proposer to whom the Agreement is awarded
shall execute a written Agreement with the City within ten (10) calendar days
after notice of the award has been sent by mail to the Contractor at the address
given in the proposal. The Agreement shall be made in the form approved by the
City and incorporated in this RFP as Exhibit H. Any exceptions, concerns, or
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requests to modify the Agreement must be provided in writing and submitted with
the Contractor’s proposal. The Contractor warrants that it possesses, or has
arranged through subcontracts, all capital and other equipment, labor and
materials to carry out and complete the work hereunder in compliance with all
applicable federal, state, county, and City laws, ordinances, statutes and
regulations.
B. Communications Regarding RFP - If a Proposer is in doubt as to the meaning or
intent of any part of the RFP, or discovers discrepancies in or omissions from the
RFP, it may submit a written request for an interpretation or correction thereof to
the Program Manager, Shaun Kroes, City of Moorpark. Interpretation or
correction of the RFP shall be made only by addendum duly issued by the City.
A copy of any such addendum shall be mailed or delivered to each known person
receiving the RFP, and such addendum shall be considered a part of the RFP
and shall be incorporated therein. Addendums shall also be posted on the City’s
website. All timely requests for information submitted in writing by March 6,
2020, at 4:00 p.m., shall receive a written response from the City. Telephone
communications with members of City staff are not encouraged, but will be
permitted. However, any such oral communication shall not be binding on the
City.
C. Modification or Withdrawal of Submittals - Any proposal received prior to the date
and time specified for receipt of proposals may be withdrawn or modified by
written request of the prospective contractor. To be considered, however, the
modified proposal must be received by the time and date originally specified.
D. Property Rights - Proposals received within the prescribed deadline become the
property of the City and all rights to the contents therein become those of the
City.
E. Confidentiality - Prior to award of the Agreement, all proposals shall be
designated confidential to the extent permitted by the California Public Records
Act. After award of the Agreement, or if not awarded, after rejection of all
proposals, all responses shall be regarded as public records and shall be subject
to review by the public. Any language purported to render confidential all or
portions of the proposals shall be regarded as non-effective and shall be
disregarded.
F. Non-Commitment of City - This RFP does not commit the City to award an
agreement, to pay any costs incurred in the preparation of a proposal responding
to this request, or to procure or contract for services. The City reserves the right
to accept or reject any or all proposals received as a result of this request, to
negotiate with any qualified firm, or to modify or cancel in part or in its entirety the
RFP, if it is in the best interest of the City to do so.
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G. Insurance Endorsement - Contractor’s attention is directed to Exhibit H’s
insurance requirements. The City requires Contractor to endorse the third party
general liability coverage required to include as additional insureds the City, its
officials, employees and agents, using standard ISO endorsement CG 20 10
(ongoing operations) and CG 20 37 (completed operations), or equivalent.
Sample endorsements for general liability insurance are provided in Exhibit H-1.
Contractor’s attention is also directed to Exhibit H-2 “Waiver of Transfer of Rights
of Recovery Against Others to Us”. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these specifications to waive their right of recovery
prior to a loss. By submitting a proposal, Contractor is confirming Contractor can
comply with the City’s insurance requirements.
H. Subcontractor Approval - Unless prior written consent from the City is obtained,
only those subcontractors whose names appear in Contractor’s proposal
(provided in Exhibit F) shall be used in the performance of this Agreement.
VI. Proposal Checklist
All of the following items must be included in the submitted proposal in order to be
considered complete. The proposal will be considered “Exhibit A” to the City’s
Agreement if awarded to the Proposer. Proposer may include additional materials as
necessary. Proposer should submit one (1) original proposal and one (1) copy. The
proposal must include the following:
1. Proposal Cost Form and Addenda (Exhibit C )
2. Proposer Reference Forms – Parts I and II (Exhibit D)
3. Vehicle Identification Forms – Parts I and II (Exhibit E)
4. List of Subcontractors (if applicable) (Exhibit F)
5. Proposer Supplied Additional Information
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EXHIBITS
EXHIBIT A – PROPOSAL CHECKLIST
EXHIBIT B – SCOPE OF SERVICES
EXHIBIT C – PROPOSAL COST FORM AND ADDENDA
EXHIBIT D – PROPOSER REFERENCE FORMS – PARTS I AND II
EXHIBIT E – VEHICLE IDENTIFICATION FORMS – PARTS I AND II
EXHIBIT F – LIST OF SUBCONTRACTORS (FILE IF APPLICABLE)
EXHIBIT G – MOORPARK CITY TRANSIT RULES
EXHIBIT H – AGREEMENT
EXHIBIT H-1: SAMPLE ENDORSEMENTS
EXHIBIT H-2: SAMPLE ENDORSEMENT WAIVER OF SUBROGATION
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EXHIBIT A
PROPOSAL CHECKLIST
All of the following items must be included in the submitted proposal in order to be
considered complete. The proposal will be considered “Exhibit A” to the City’s
Agreement if awarded to the Proposer. Proposer may include additional materials as
necessary. Proposer should submit one (1) original proposal and one (1) copy. The
proposal must include the following:
Proposal Cost Form and Addenda (Exhibit C)
Proposer Reference Forms – Parts I and II (Exhibit D)
Vehicle Identification Forms – Parts I and II (Exhibit E)
List of Subcontractors (if applicable) (Exhibit F)
Proposer Supplied Additional Information
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EXHIBIT B
SCOPE OF SERVICES
FOR BUS EXCURSION CHARTER BUS SERVICES
SECTION 1. SERVICE DAYS AND HOURS
MOORPARK BEACH BUS
The Moorpark Beach Bus operates from 8:50 a.m. to 6:50 p.m. for approximately nine
(9) to ten (10) weeks from mid-June to mid-August. The current intent of the City is to
offer this service on Tuesdays, Wednesdays, and Thursdays. The public transportation
service included in this Scope of Service consists of a single vehicle service for the City
with nine (9) to ten (10) revenue hours per day. A school bus is usually adequate for
this service. Contractor shall provide service between various stops in the City and a
beach destination, such as Zuma County Beach in Malibu or Ventura Harbor in Ventura.
This shall be an unsupervised public transit service. One vehicle shall make two (2) or
more round trips each day of service in accordance with a published schedule.
Schedule adherence is important for this service. Contractor shall have the ability to
dispatch a secondary vehicle (“tripper bus”) in the event City requests additional
passenger capacity.
The City shall determine and set fares. Contractor shall charge passengers exactly as
specified unless notified by the City that there will be a deviation from regular fares.
CAMP MOORPARK & ADVENTURE CAMP
Camp Moorpark and Adventure Camp are summer recreation programs that typically
require one or two (1 - 2) buses Tuesday through Thursday for a ten (10) to eleven (11)
week period from June through August. Trips are taken by children ages 5-14. Trip
destinations include locations in Ventura, Los Angeles, and Santa Barbara counties.
This is a subscription service. Passengers register in advance with the City.
Passengers are supervised by City staff. The number of passengers can be up to
seventy (70) children and fourteen (14) staff. In some cases, the number of passengers
can be fewer and the City may request a smaller sized vehicle if available.
The City, at its sole option, may contract with more than one bus operator to expand or
reduce services during the term of the Agreement. The City, at its sole option, may
wish to expand or reduce these services during the term of the Agreement.
ACTIVE ADULT CENTER
Transportation from the Moorpark Active Adult Center to a local attraction such as a
museum or event site, typically within seventy-five (75) miles of Moorpark, and not
usually exceeding ten (10) hours from beginning to end. These are unsupervised trips;
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however, non-staff volunteers may be present to assist with boarding and disembarking
the bus.
SECTION 2. ROUTES
With the exception of the Moorpark Beach Bus, trips shall have one (1) point of origin in
the City, which shall be the Arroyo Vista Recreation Center at 4550 Tierra Rejada Road
for Camp Moorpark and Adventure Camp or 799 Moorpark Avenue for the Active Adult
Center. The Moorpark Beach Bus has approximately five (5) stops for boarding and
alighting in the City. All services usually have one (1) destination point.
The City reserves the right to adjust the routes, providing notice as indicated in this
Agreement.
SECTION 3. OPERATIONS
The Contractor shall be responsible for operation of the vehicles used to provide
services contemplated by this Agreement. The Contractor shall ensure at all times that
vehicles used for passenger conveyance shall be operated with due regard for the
safety, comfort, and convenience of the public. The Contractor shall be responsible for
complying with all applicable federal, state and local laws and requirements.
SECTION 4. CONTRACTOR VEHICLES
Contractor shall provide all necessary vehicles, including one (1) primary bus and at
least one (1) backup bus to ensure continuation of service in case of a breakdown of the
primary bus. All Contractor-supplied vehicles shall have less than 75,000 original
odometer miles and shall be equipped with a wheelchair lift (or ramp) and meet ADA
standards. The Contractor shall at all times be required to have a backup vehicle
available for use in the event that the primary vehicle is unable to operate. If the
primary vehicle does not include a wheelchair lift (or ramp) the Contractor shall be
required to provide a separate wheelchair accessible vehicle upon demand. For the
Moorpark Beach Bus program, the separate wheelchair accessible vehicle shall be
provided within thirty (30) minutes of discovering a passenger at a Beach Bus stop with
a wheelchair or similar mobility device. For Camp Moorpark, Adventure Camp or Active
Adult Center trips, the Contractor shall be notified at least twenty-four (24) hours in
advance if a wheelchair accessible vehicle is required.
In the event that the vehicle being used by the Contractor breaks down, the Contractor
shall provide a backup vehicle on site within one and one half (1 ½ ) hours.
The primary vehicles shall have a minimum of twenty-five (25) bench seats and a
seating capacity of approximately seventy-five (75) children at three (3) passengers per
bench seat, and approximately fifty (50) adults at two (2) passengers per bench seat.
All vehicles must have storage for luggage. Air conditioning, large tinted windshield,
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and passenger windows are desirable but not required. A late model school bus in
good condition may meet the criteria for vehicles.
City shall provide magnetic signs that are to be placed on the Moorpark Beach Bus.
Currently, the City has three (3) separate signs: “Moorpark”, “City Transit”, and “Beach
Bus”. The magnetic signs can be arranged to read “Moorpark City Transit Beach Bus”
along the external sides of the bus and separate “Beach Bus” signs are to be placed on
the external front and back of the bus. If Contractor’s bus has electronic sign display(s)
the electronic sign display shall be programed to display “Moorpark City Transit Beach
Bus” or an agreed upon alternative based on the number of characters that the
electronic sign can display at one time.
SECTION 5. MAINTENANCE
The Contractor shall perform the duties and accept the responsibilities set forth in
connection with the maintenance of the Contractor's vehicles used to provide services
under this Agreement. Contractor's buses, vans, school buses or other vehicles that
are used to provide services under this Agreement are referred to in this section as
"vehicles". The omission of a duty or responsibility herein shall not relieve the
Contractor of its obligation to perform such duty or accept such responsibility, so long as
it is usual, customary and generally accepted within the public transportation industry as
being an integral element of operating a fixed-route and dial-a-ride public transportation
system of a kind and character such as Moorpark City Transit.
5.1. Maintenance Facility: The Contractor shall provide and maintain an appropriate
fixed maintenance facility within a thirty-five (35) mile radius from the City. The
facility shall be equipped with all tools and equipment necessary for maintenance
of· vehicles in accordance with this Agreement. When out-of-service, vehicles
shall be stored at all times either within an enclosed, paved garage, or within a
paved, security-fenced outside storage area.
5.2. Daily Maintenance: The Contractor shall perform daily vehicle servicing on all
vehicles under this Agreement. For purposes of this Agreement, daily servicing
shall include, but not be limited to: fueling; check/add engine oil, coolant, water,
and transmission fluid; farebox vault pulling and replacement; wheelchair lift
check; brake check; light and flasher check; and checking all vehicle
performance defects reported by drivers to identify potential safety and reliability
items requiring immediate attention. The Contractor shall develop, implement
and maintain a written checklist of items included in the daily servicing of the
vehicles. The checklist shall be utilized and kept on file for City and California
Highway Patrol (CHP) review at any time during regular business hours. The
checklist requirement may incorporate or supplement CHP required driver's pre-
trip safety inspections.
5.3. Vehicle Cleaning: The Contractor shall maintain all vehicles in a clean and neat
condition at all times.
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The interior of the vehicles shall be kept free of litter and debris to the maximum
practicable extent throughout the operating day. Vehicles shall be swept and
dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks
as necessary. The interiors of all vehicles shall be thoroughly washed at least
once per week, including all windows, seats, floor, stanchions, and grabrails. All
foreign matter such as gum, grease, dirt, and graffiti shall be removed from
interior surfaces during the interior cleaning process. Any damage to seat
upholstery shall be repaired at the end of each day. Ceilings and walls shall be
thoroughly cleaned at least once per month, or more often as necessary.
Destination sign interior glass shall be cleaned as necessary to maintain a clean
appearance and maximize visibility.
The exteriors of vehicles shall be washed as required to maintain a clean, inviting
appearance and in no event less than once per week. Exterior washing shall
include the bus body, all windows, and wheels. Rubber or vinyl exterior
components such as tires, bumpers fascia fender shirts, and door edge guards
shall be cleaned and treated with a preservative at least once per month, or as
often as necessary to maintain an attractive appearance. The bus exterior shall
be waxed once every six (6) months.
The vehicles shall be kept free of vermin and insects at all times. The Contractor
shall exterminate all vermin and· insects from the vehicles immediately upon their
discovery, utilizing safe and non-hazardous materials.
5.4. Preventive Maintenance: The Contractor shall develop and implement a
preventive maintenance program. At a minimum, the Agreement's preventive
maintenance program shall adhere to the preventive maintenance schedules and
standards of the industry, and shall meet the manufacturer's specifications and
be sufficient so as not to invalidate or lessen warranty coverage of the vehicles.
Adherence to preventive maintenance schedules shall not be regarded as
reasonable cause for deferred maintenance in specific instances where the
Contractor's employees observe that maintenance is needed in advance of
schedule.
The Contractor shall not defer maintenance for any reason without the prior
written consent of the City. The Contractor shall adjust the work schedule of its
employees as necessary to meet all scheduled services and complete preventive
maintenance activities according to the schedule. All parts used for preventive
maintenance shall be new and meet manufacturer's specifications.
The City, at its own expense, may inspect the vehicle(s) to ensure that regular
preventive maintenance is being performed.
5.5. Vehicle Repairs: All repairs to the vehicles shall be performed by the Contractor
or by other vendors and suppliers and shall be included in the final Agreement
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cost. Repairs shall include, but not be limited to, work to correct loss or damage;
adjustments due to normal wear and tear; and overhaul, rebuilding or
replacement of components. All required parts shall be new and meet
manufacturer's specifications.
Repair work shall be conducted as soon as practicable upon learning that such
work is required. The Contractor shall perform repair work expeditiously in
response to identification of problems by drivers or other staff members. The
Contractor shall assure the City that required repairs shall not be deferred
beyond a reasonable time.
The Contractor shall be familiar with vehicles and equipment warranties and shall
comply with all warranty provisions in the conduct of maintenance.
5.6. Vehicle Towing: In the event that towing of a vehicle is required due to
mechanical failure or damage, the Contractor shall be responsible to provide
such towing at the Contractor's sole expense.
5.7. Maintenance Records and Reports: The Contractor shall prepare, maintain, and
make available to the City, the CHP and/or such other regulatory agencies with
jurisdiction records and data relative to vehicle maintenance. Maintenance
records shall be maintained on all vehicles indicating all warranty work,
preventive maintenance, and repairs performed on each vehicle. All such
records and reports shall be prepared and maintained in such a manner to fulfill
any applicable state or federal requirements, as well as any needs of the City to
enable it to evaluate accurately the Contractor's maintenance performance and
the operating expense associated with the services provided under this
Agreement.
The City maintains the right to inspect, examine and test, at any reasonable time,
any vehicles used in performance of this Agreement and any equipment used in
the performance of maintenance work in order to ensure compliance with this
Agreement. Such inspection shall not relieve the Contractor of the obligation to
monitor continually the condition of all vehicles and to identify and correct all
substandard or unsafe conditions immediately upon discovery.
The Contractor shall prepare and maintain records and reports that shall include,
but not limited to, the following:
A. Daily vehicle inspection and servicing checklists.
B. Work orders for all maintenance inspections, warranty repairs and other
vehicle repairs including materials, parts and labor consumed.
C. Roadcall reports, or work order, for each roadcall identifying date and
time, vehicle number, problem and mileage of vehicle.
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D. Monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
SECTION 6. DRIVERS
Drivers are required to possess a valid California Class “B” or “C” driver license for the
operation of the type of vehicles to be used by that respective driver. The Contractor
shall provide thorough training for all drivers for the proper performance of their duties.
Drivers shall also be thoroughly trained on the use of all equipment required under this
Agreement, including the Contractor's backup vehicles.
At a minimum, drivers shall be required to: wear an approved uniform of clean and neat
appearance, be helpful and courteous, ensure that fares are collected and deposited in
the farebox, assist senior citizens and disabled passengers, refuse rides to unruly
passengers, stay on schedule, obey all traffic laws, and enforce all City Transit
Passenger Rules (Exhibit G). Drivers shall not smoke in the vehicles or allow
passengers to do the same.
City shall have the right, contingent upon the Contractor's personnel policy guidelines,
to ask for the temporary or permanent removal of any driver furnished by Contractor for
any reasonable cause (not to be construed as requesting removal from Contractor's
employment). Contractor shall submit a copy of its current personnel policy guidelines
with this Agreement and any amendments thereto. All drivers shall be employees of
Contractor and Contractor shall be solely responsible for payment of all employees'
wages and benefits. Contractor, without any expense to City, shall faithfully comply with
the requirements of all applicable laws with respect to employee liability, workers’
compensation, unemployment insurance and other forms of social security. Contractor
shall also be responsible for withholding of income tax at its source from employees’
wages and, furthermore, the Contractor shall indemnify and hold harmless the City and
the State of California from any liability, damages, claims, costs, and expenses of any
nature arising from alleged violation of such laws.
Contractor shall provide thorough training for all drivers for the proper performance of
their duties. Contractor must have a training program encompassing the National
Safety Council Defensive Driving Course. This program should also direct itself to
dealing specifically with transporting the elderly and mobility impaired. All new
employees shall receive proper training and instruction at the time of hiring and prior to
being assigned to the service. This training program must be described fully and
submitted to City for review with this Agreement for approval by the City.
The Contractor shall require pre-employment medical examinations, including drug and
alcohol testing, for all prospective drivers and other safety sensitive employees of the
Contractor. Any person who has not successfully passed such an examination shall not
be permitted to operate a vehicle in any service performed under Agreement to the City.
Additionally, the Contractor must have an anti-drug program established for employees
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under the congressionally mandated Drug-Free Workplace Act. The required anti-drug
program would include, in addition to the pre-employment testing, testing after an
accident, when there is reasonable cause, periodically, every two (2) years upon receipt
or renewal of the Department of Motor Vehicles Medical Examiner's Certificate, and
before returning to duty to perform sensitive safety functions after a positive drug test.
The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace
Act of 1988, by providing certification that (a) the drug free workplace actions shall be
implemented, and (b) those actions are being/have been implemented.
SECTION 7. BUS OPERATION RECORDS AND REPORTS
The Contractor shall be required to maintain ridership and operations records for this
service as deemed necessary by the City.
The Contractor shall be responsible for submission of monthly service summary reports
to the City. These reports, to be submitted by the Contractor within fifteen (15) days of
the end of each calendar month, shall include, but not limited to, the following:
A. Listing of all vehicles in service.
B. Date, time, and length of time for any service disruptions.
C. Corrective actions taken for breakdowns and roadcalls.
D. A monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
E. Total passenger counts by demographic category and fare (student, adult,
senior citizen, disabled, etc.) by day.
F. Passenger counts by payment method (cash, one-way ticket, and discounted
passes) by day.
G. Missed or abbreviated route trips; unusual incidents while on duty.
H. From time to time, at the City’s request, the Contractor shall record passenger
activity per stop.
SECTION 8. FARES
The Moorpark Beach Bus is a general public transportation service and passengers
must pay a fare. The Contractor shall collect fares in accordance with fare policies as
set by the City. The fares collected shall be recorded and submitted to the City each
service day along with the fare collection sheet for that day. Most excursion and
charters sponsored by the Recreation Division, such as Camp Moorpark, Adventure
Camp, and Active Adult Center will not have fares that the Contractor has to collect.
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SECTION 9. CONTACT INFORMATION
Contractor shall provide the City with emergency and after hours contact telephone
numbers and pagers that the City may use as necessary to communicate with the
Contractor after normal working hours.
SECTION 10. RADIO COMMUNICATION
The Contractor shall provide to the vehicles the necessary communication equipment to
allow for communication between the driver and the Contractor's maintenance facility.
The Contractor shall notify the City, at the first available opportunity, of any vehicle
breakdowns or other problems that may cause schedule delays.
SECTION 11. SPECIAL SERVICES
From time to time the City may wish to expand the hours or the days of services to the
community. With twenty-four (24) hours written notice, Contractor shall provide the
special service using the Agreement vehicles, at the regular hourly rate.
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EXHIBIT C
PROPOSAL COST FORM AND ADDENDA
FOR ALL SERVICES DESCRIBED IN THE SCOPE OF SERVICES
In response to the Request for Proposals for Bus Excursion and Charter Services from the City
of Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined. The City, at its sole option, may contract with more than
one bus operator or expand or reduce services during the term of the Agreement. Pricing shall
not be adjusted if services in the Scope of Services (Exhibit B) are reduced or expanded
during the term of the Agreement. If Contractor has rates that are based on specific vehicle
type, Contractor shall provide a Cost Form for each identified vehicle type.
Cost – Bus Excursion and Charter Services.
Bus Excursions and Charter Services-
Cost Per Hour Five (5) Hour
Cost
Each Additional
Hour Year
2020
2021
2022
Indicate if Public Utilities Commission Fee of one quarter of one percent (0.25%)
of daily rate is included in pricing above (circle one): YES NO
The undersigned understands that any conditions placed on the items stated above,
clarification made to the above, or information submitted on or with this form (other than
that requested) shall render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish all necessary
certificates.
PROPOSER:
CONTACT:
TITLE:
ADDRESS:
TELEPHONE: EMAIL:
SIGNATURE: TITLE:
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ADDENDA
Proposer must fill in number and date of all addenda or enter the word “none”, if
appropriate.
The following addenda are acknowledged and attached:
NO. DATED NO. DATED
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EXHIBIT D
PROPOSER REFERENCE FORMS - PARTS I AND II
PART I
GENERAL INFORMATION:
1. NAME
2. Proposer is a: (circle one)
Corporation / Partnership / Association / Sole Proprietorship
3. Proposer’s address and Telephone Number:
4. Name, Title, Telephone Number, and Email Address of Proposer’s Authorized
Representative:
5. Proposer’s Credit References: (Include names, addresses, and telephone numbers
of at lease three references, one of which must be the Proposer’s bank)
A.
B.
C.
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PART II
Client List for Transportation Services Currently and/or Previously Provided:
1. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
2. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
3. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
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EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle
2. Vehicle Mileage
Date of Odometer Reading:
3. Vehicle Type/Model/Manufacturer
4. Date of Manufacture
5. Vehicle is (circle one): NEW USED
6. Passenger Seating Capacity
7. Gross Vehicle Weight Rating
8. Engine/Transmission Type
9. Overall Length
10. Exterior Width
11. Interior Height
12. Aisle Width
13. Step Height from Ground
14. Destination Signs (Describe Location and Functions):
__________________________________________________________________
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15. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
_____
17. Tire Condition: (circle one) NEW USED RECAPPED
Comments:
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EXHIBIT F
LIST OF SUBCONTRACTORS
(FILE IF APPLICABLE)
Name of Subcontractor Address/Phone Items of Work
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EXHIBIT G
MOORPARK CITY TRANSIT RULES
1. No eating, drinking, smoking, loud noise, or animals (other than service animals)
are permitted in the vehicle.
2. Passengers must have exact change.
3. California Civil Code Section 2186 and California Penal Code Section 640 shall
be enforced.
MOORPARK BEACH BUS SPECIFIC RULES
1. All materials (boogie boards, back packs, coolers, or other items) must be stored
in the bus storage compartment during the trip to/from Zuma Beach.
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EXHIBIT H
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
____________________, FOR ______________________
THIS AGREEMENT, made and effective as of this _________ day of
________________________, 202_, between the City of Moorpark, a municipal
corporation (“City”) and ______________________, a ___________ (“Contractor”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for bus excursion and charter services; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated
_______________________, which is attached hereto as Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to the completion
of the project on December 31, 2022, unless this Agreement is terminated or
suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide bus excursion and charter services, as set forth in
Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B. Contractor
shall complete the tasks according to the schedule of performance, which is also set
forth in Exhibit B.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of _________________________________ dollars ($_________.__) as stated in
____________________, without a written amendment to the Agreement executed by
both parties. Payment by City to Contractor shall be in accordance with the provisions of
this Agreement.
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3. DEFINITIONS
“Passenger” shall mean any person utilizing the services provided by the
Contractor as described in Exhibit B.
“Vehicle” or “backup vehicle” shall mean a bus or van designated by the
Contractor for use in providing services under this Agreement, including but not limited
to a primary vehicle, an additional wheelchair accessible vehicle and a backup or
replacement vehicle if needed due to a mechanical breakdown, traffic incident, or any
reason whatsoever to provide transportation services under this Agreement. The
backup or replacement vehicle shall be equipped with a wheelchair lift and be of the
size, capacity, and design specified in Exhibit B, or, there shall be a secondary
wheelchair accessible vehicle that will serve as a backup vehicle to the primary
wheelchair accessible vehicle. All vehicles shall be in a safe and good working order.
The City shall have the right to approve the suitability of any vehicle used by the
Contractor under this Agreement.
“Revenue hours” shall mean the time when a vehicle is available to the general
public and there is an expectation of carrying passengers. For purposes of this RFP,
revenue hour shall also include dwell time between the time passengers are picked up
and dropped off from their destination if the vehicle is unable to be dispatched to
another service. Revenue hour does not include leaving or returning to the garage or
yard facility or time when a driver is on an unpaid break/lunch.
4. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
5. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be _________________________, and no other individual
may be substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
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6. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
Compensation for services to be performed by the Contractor shall not exceed
the daily rate submitted in the Contractor’s Cost Proposal Form in Exhibit C without
additional authorization by the City. Services shall be billed in accordance with
Contractor’s proposal as it is accepted by the City. The City shall only pay for services
actually rendered. Services rendered shall specifically exclude time for travel to and
from the Contractor’s storage facility and downtime for road assistance.
If the Contractor fails to complete the work, fails to provide service for an entire
day, or causes a default as specified in Section 10, Liquidated Damages, the City may,
at its sole option, notwithstanding other rights and remedies, assess the Contractor at
the hour rate detailed in Exhibit C for the respective year and at the same rate for each
fraction of an hour rounding up the nearest quarter hour, beginning at onset of service
failure or time of an incident that causes service to be interrupted. This assessment
shall be deducted from any payment(s) due or to become due to Contractor under the
terms of this Agreement. No payment by City shall be construed as a waiver of City’s
rights to deduct the assessment and the assessment may be deducted from any
subsequent payment.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in ______________, based upon
actual time spent on the above tasks. This amount shall not exceed
__________________________ dollars ($_______.__) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for additional services rendered in
connection with its performance of this Agreement, unless such additional services and
compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Invoices shall be
accompanied with attachments specified in Exhibit B. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager. If the City disputes any of
Contractor’s fees or expenses it shall give written notice to Contractor within thirty (30)
days of receipt of any disputed fees set forth on the invoice.
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7. TERMINATION OR SUSPENSION WITHOUT CAUSE
This Agreement, or portions thereof, may be terminated, cancelled or suspended
in any one of the following manners:
1) By mutual written agreement of the parties.
2) Upon ten (10) days written notice by City or thirty (30) days written notice by
Contractor, with or without cause.
3) If in the sole subjective judgment of City at any time or times after the execution
of this Agreement, Contractor fails to perform the services required to be
provided in accordance with the terms hereof, or fails to comply with any of the
requirements and terms of this Agreement the City, upon at least seventy-two
(72) hours written notice to Contractor, and without prejudice to any other
remedies the City may have, may terminate Contractor's services and any
obligations the City may otherwise have under this Agreement. The written
notice shall instruct Contractor to cease its services as of a specified day, and
City shall have no further obligation to pay for services tendered or otherwise
after such date.
4) If in the sole subjective judgment of City at any time or times after the
execution of this Agreement Contractor fails to maintain in force throughout
the term of this Agreement, including any extensions thereof, the insurance
coverage required herein, or Contractor effects any willful acts or omissions
that endanger the public health and safety, the City may immediately, without
prior notification, and without prejudice to any other remedies the City may
have, suspend Contractor’s services and any obligations the City may
otherwise have under this Agreement. Upon receiving written notice of
immediate suspension, Contractor shall have up to fourteen (14) days to cure
or remedy cause for suspension; however the City may, at the City’s sole
discretion, terminate this Agreement within the suspension period. Should the
Contractor cure or remedy the cause for suspension, and the cure or remedy
is accepted, in writing, by the City, Contractor may resume services.
8. BACKGROUND CHECKS
Contractor shall be registered with the Department of Justice as a Human
Resources Agency. Contractor shall at a minimum perform background checks on
drivers utilizing a vendor such as Live Scan to ensure that drivers with inappropriate
backgrounds are not employed to provide services under this Agreement. Drivers shall
have no felony conviction history.
9. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
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suspend this Agreement immediately by written notice to the Contractor. If such failure
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor’s control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have fourteen (14) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
10. LIQUIDATED DAMAGES
Contractor shall operate strictly according to the most current bus schedule
provided by City and to a reasonable on-time performance standard except where
service is interrupted for those reasons stated hereinafter. Service shall be provided as
scheduled or according to any adjusted schedule established by City, including route
modifications required.
The City may assess liquidated damages for the following defaults:
A. If the driver begins or ends a route late by more than twenty (20) minutes;
B. If the driver departs from a stop prior to the designated departure time;
C. If the vehicle in use on the route runs out of fuel;
D. If the driver deviates from a route or fails to follow the route as scheduled;
E. If a vehicle is not properly inspected or cleaned prior to use on the route;
F. If the driver fails to complete a route due to vehicle or driver failure,
mechanical failure;
G. If the driver fails to stop for a passenger at a designated stop;
H. If the driver fails to pickup or assist a disabled rider that requires assistance to
board and alight from the bus.
The Contractor agrees that any of the above defaults will result in damage and
injury to the City. The City and Contractor agree that actual damages occurring to the City
because of any one or more of such defaults, on a given day, will be difficult if not
impossible to ascertain with any degree of certainty or accuracy. Accordingly, the City and
the Contractor have negotiated and have agreed that for each calendar day during which
one or more defaults occur that the Contractor shall pay to the City, as and for liquidated
damages, and not as a penalty, a sum equal to the hourly rate per vehicle compensation
due to the Contractor pursuant to Exhibit C of this Agreement for each hour during which
the incident causing the default occurs.
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Said payment for liquidated damages shall be deducted from any payments due or
to become due to Contractor under the terms of this Agreement. No payment by City shall
be construed as a waiver of City's right to deduct liquidated damages which may be
deducted from any subsequent payment.
Contractor shall be excused from performance of the above liquidated damages
during the time and to the extent that Contractor is prevented from performing in the
customary manner by force majeure, fire, flood, war, riot, civil disturbance, vandalism,
terrorism, epidemic, quarantine, strike, lockout, labor dispute, oil or fuel shortage, freight
embargo, rationing or unavailability of materials or products, loss of transportation facilities,
commandeering of equipment, materials, products, plants, or facilities of government, or
any other occurrences or circumstances which are beyond the control of the Contractor.
11. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
12. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
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operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
13. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit H attached hereto and
incorporated herein by this reference as though set forth in full.
14. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
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for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
16. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local laws, except as provided in Section
12940 of the Government Code. The Contractor shall have responsibility for compliance
with this Section, if applicable [Labor Code Sec. 1735].
17. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
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19. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
20. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: ___________________
___________________
___________________
___________________
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
21. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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22. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
23. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
24. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
25. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
26. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
Exhibit A (Contractor’s Proposal), Exhibit B (Scope of Services), Exhibit C
(Proposal Cost Form and Addenda), Exhibit D (Proposer Reference Forms – Parts I and
II), Exhibit E (Vehicle Identification Form), Exhibit F (List of Subcontractors), Exhibit G
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(Moorpark City Transit Rules), and Exhibit H (Insurance Requirements), are hereby
incorporated and made a part of this Agreement.
27. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
28. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
29. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
30. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
31. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
32. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK __________________________________
__________________________________ __________________________________
Troy Brown, City Manager _____(Name)_________________(Title)_
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit H
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $5,000,000 per occurrence for all covered losses and no less than
$10,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor’s employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
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insurance as required herein. Limits are subject to review but in no event less than
$10,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Contractor also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
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is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
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steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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EXHIBIT H-1
SAMPLE ENDORSEMENT
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EXHIBIT H-2
SAMPLE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
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