HomeMy WebLinkAboutAGENDA REPORT 2020 0408 SPC CC ITEM 09DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 8, 2020
ACTION Approved Staff Recommendation.
BY B.Garza.
D. Consider Request for Proposal for a Pilot Mobility On Demand Rideshare
Program. Staff Recommendation: Approve the Request for Proposal subject to
final language approval of the City Manager and authorize staff to advertise for
proposals. (Staff: Shaun Kroes)
Item: 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Program Manager
DATE: 04/08/2020 Special Meeting
SUBJECT: Consider Request for Proposal for a Pilot Mobility On Demand
Rideshare Program
BACKGROUND
The City Council is being asked to consider a Request for Proposal (RFP) for a Pilot
Mobility On Demand Rideshare Program (Pilot project). As City Council is aware, the
City’s current fixed-route bus service has continued to see a decrease in ridership for
the past few fiscal years, while operating costs have increased. For example, fiscal
year (FY) 2018/19 ridership decreased 24% since FY 2014/15 (from 65,272 passengers
to 49,608 passengers). During that same time period, operation and maintenance costs
have increased 16%. The FY 2018/19 average passengers/revenue hour was 8.6.
Additionally, beginning in FY 2019/20, the City’s revenue hour equivalent increased
approximately 28% compared to FY 2018/19, from $57.35/hour to $73.66/hour.
DISCUSSION
In an effort to explore alternative and potentially more innovative transit options, staff
has developed a Request for Proposal (RFP) for a Pilot Mobility On Demand Rideshare
Program. The RFP is modeled after a pilot project from VIA Metropolitan Transit in San
Antonio, Texas. VIA’s pilot project included replacing underperforming fixed route
service in certain zones of its service area with an on demand transit service that
dispatched smaller vehicles to passengers at “virtual stops” throughout the designated
service area. Passengers would be able to request trips through a mobile phone
application (app), internet or through a customer call center.
The City’s RFP includes the following general concepts:
• Three vehicles with a seating capacity of eight to twelve passengers per
vehicle. At least one of the vehicles must be ADA accessible and have capacity
for at least one mobility device, but preferably two mobility devices. The vendor
would also have to have access to additional ADA accessible vehicles if the
Item: 9.D.
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Honorable City Council
04/08/2020 Special Meeting
Page 2
primary vehicle is down for service. The three vehicles would be wrapped with
a City-approved design and be dedicated to the City’s program.
• The service would not be door-to-door; instead, the vendor and City staff would
agree on designed “virtual stops” throughout the City where passengers could
wait for a vehicle to pick them up. Similarly, the passengers would then be
dropped off at pre-approved “virtual stops”. By having designed pickup and
drop off points the system can operate more efficiently.
• The service would be offered 6:00 a.m. to 6:00 p.m., Monday through Friday,
excluding specific City holidays.
• There are three core pieces of the Pilot project:
1. Upon selection and award to a contractor, City staff and the contractor
would develop the actual Pilot project, including finalizing vehicle design,
establishing fares, and identifying the “virtual stops”. The Pilot project
would then be presented to City Council for approval;
2. Pilot project implementation and operation;
3. Marketing of the Pilot project.
• The RFP proposes a one-year Agreement, with two additional one-year
renewals, contingent upon success of the Pilot project.
• The goal of the Pilot project will be to reduce the number of revenue hours that
the City’s fixed-route bus service is in operation during non-peak service hours,
including potentially not operating fixed-route service during the summer.
It should be noted that staff is not proposing to reduce any fixed-route service during the
initiation of the Pilot project. Rather, the Pilot project would be implemented while fixed-
route service is in operation. As passengers transition to the Pilot project and the Pilot
project proves to be cost-effective, City staff would then return to City Council with
recommendations on reductions of fixed-route service hours.
The initial schedule of the RFP includes:
Request for Proposal released: April 9, 2020
Pre-Proposal Meeting: May 7, 2020 at 1:30 p.m.
Deadline for Questions: May 19, 2020 by 4:00 p.m.
Deadline for Answers to Questions: June 2, 2020 by 4:00 p.m.
Request for Proposal Due: June 23, 2020 by 3:00 p.m.
Proposer Interviews: July 14, 2020
Award by City Council: September 2, 2020
FISCAL IMPACT
There is sufficient funding available in the current adopted budget for the estimated
$1,000 for advertising services with the Ventura County Star and the California Transit
Association. Advertisements will be paid for with Transportation Development Act
Article 8c Fund (2414) with expense line 2414-430-00000-51200.
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Honorable City Council
04/08/2020 Special Meeting
Page 3
COUNCIL GOAL COMPLIANCE
This action does not support a current specific strategic goal and objective, but supports
the City Council’s Strategy to Improve Mobility through Transportation and Transit
Improvements Citywide.
STAFF RECOMMENDATION
Approve the Request for Proposal subject to final language approval of the City
Manager and authorize staff to advertise for proposals.
Attachment: Pilot Mobility On Demand Rideshare Program RFP
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ATTACHMENT
CITY OF MOORPARK
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL (RFP)
FOR
PILOT MOBILITY ON DEMAND RIDESHARE PROGRAM
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-
April 9, 2020
Proposal Submission Deadline:
June 23, 2020
Proposals are due by 3:00 p.m.
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TABLE OF CONTENTS
PAGE
I. Introduction……………………………………………………………………….........4
II. Overview of Pilot Project Requirements ………...…………………………....….5
III. Proposal Content/Format………………..……………………………………….….6
IV. Proposal Evaluation and Selection..................................................................11
V. General Proposal Terms and Conditions………………………………….……12
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…………………………………………………………………..14
EXHIBITS
A. Proposal Checklist
B. Scope of Services
C. Proposal Cost Form and Addenda Acknowledgement
D. Proposer Reference Form
E. Vehicle Identification Form
F. List of Subcontractors
G. Moorpark City Transit Rules
H. Sample Agreement
I. Insurance Requirements
I-1. Sample Endorsement
I-2 Sample Waiver of Transfer of Rights of Recovery Against Others to Us
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NOTICE INVITING REQUESTS FOR PROPOSAL
FOR
PILOT MOBILITY ON DEMAND RIDESHARE PROGRAM
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 June 23, 2020.
PRE-PROPOSAL MEETING. There will be a pre-proposal conference at the Moorpark
Public Services Facility Conference Room, 627 Fitch Avenue, Moorpark, CA 93021 on
May 7, 2020 at 1:30 p.m. Attendance is not mandatory, but is encouraged. If prior to
the meeting a Stay Well At Home Order and/or social distancing
requirements/recommendations are still in place, the City will establish a call-in or
webcast format. Interested parties should contact the City Program Manager at 805-
517-6257 or skroes@moorparkca.gov for the latest information.
PROPOSAL PROCESS. Proposals shall be prepared on the approved Proposal Forms
along with additional information requested in conformance with the Instructions to
Proposers and submitted (one original and one copy) in a sealed envelope plainly
marked on the outside, “PILOT MOBILITY ON DEMAND RIDESHARE PROGRAM –
DO NOT OPEN WITH REGULAR MAIL”. This 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. Proposals will
remain valid for ninety (90) days while the City reviews the proposals.
PROPOSER INTERVIEWS. The City anticipates inviting Proposers to participate in an
Oral Presentation/Interviews on July 14, 2020. The specific time of interviews will be
determined based on the number of proposals received.
Proposal Packets and Proposal Forms are available at:
Moorpark City Hall
799 Moorpark Avenue
Moorpark, CA 93021
Proposal Packets and Proposal Forms are available for downloaded from the City’s
website at http://www.moorparkca.gov/Bids.aspx; also at www.mygovwatch.com, and
www.caltransit.org.
All questions relating to this RFP should be addressed in writing to the City’s Project
Representative: Shaun Kroes, Program Manager by e-mail skroes@moorparkca.gov.
The deadline for questions is May 19, 2020, at 4:00 p.m. All questions will be recorded
and submitted, with answers, to all known Proposers by 4:00 p.m., June 2, 2020.
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I. Introduction
The City of Moorpark (City) is soliciting proposals from qualified private mobility service
and technology providers to assist with the development and implementation of a one
(1) year Pilot Mobility on Demand rideshare project (Pilot project), with the option of
extending the contract for up to two (2) additional one (1) year extensions, based upon
the Contractor’s successful performance and available funding of this project. A turnkey
solution is desired, and proposals should include provisions for the items included in this
Scope of Services (Exhibit B).
The Pilot project is meant to serve the general population by providing shared rides.
The Pilot project is anticipated to be funded with Transportation Development Act (TDA)
Article 8c funds and potentially Traffic Systems Management Funds that have been
collected and are eligible to be spent on spent on this type of project.
The goals of the Pilot project are:
1. To expand mobility options within the City, including areas of the City not
currently serviced by fixed-route service.
2. To provide public transit service more effectively than the City’s current fixed-
route service.
3. To increase dependability of transit service for passengers, including passenger
knowledge of estimated time of arrival.
4. To reduce current fixed-route service hours to specific peak-performance hours
while on demand service provides service throughout the day.
Firms are invited to propose an innovative and flexible transportation model aimed at
encouraging Mobility on Demand, i.e., ridesharing and alternative transportation
solutions. The City envisions an easily scalable service model that integrates real-time,
dynamic operations technology and the “right-sizing” of vehicles based on demand.
The technology should enable a fully automated scheduling, dispatching, and
reservation system for a demand responsive transportation service.
The Objectives of the Pilot project are to:
• Test the impact of Mobility on Demand Rideshare Service through a short-term
project model.
• Better understand demand and willingness to use a rideshare service.
• Acquire data to allow for detailed analysis of service performance and
opportunities for improvements.
• Improve alternative transportation options compared to personal vehicles or
traditional single occupancy transportation networking companies through
competitive or reduced travel times, convenience, cost effectiveness and
improved overall trip experience.
• Reduce congestion and improve traffic flow by reducing vehicles on the road.
The Pilot project is intended to explore the feasibility of replacing portions of the City’s
Moorpark City Transit (MCT) fixed-route bus service with an on demand service that
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provides passengers with the ability to schedule trips via mobile phone application,
internet, or call in to request a driver to meet at a particular time and location. It is also
anticipated that some Moorpark residents who currently utilize the City’s local Senior
Dial-A-Ride and ADA Paratransit Dial-A-Ride Services may utilize the on demand
service. The on demand pilot program is not intended to provide door-to-door service,
but rather, to establish “virtual stops” where passengers will meet the vehicle and be
dropped off at other pre-identified/approved virtual stops.
The City of Moorpark is approximately 12 square miles, with a population of about
37,000. Moorpark City Transit provides fixed-route bus service on two routes (Route 1
and Route 2) between the hours of 6:15 a.m. and 6:00 p.m. throughout much of the
City. In FY 2018/19, MCT provided 49,608 trips, and collected $36,879, averaging 8.6
passengers per revenue hour. It should be noted, that as is the case in many fixed-
route services, the passengers/hour rate fluctuates. The City has been experiencing
decreases in ridership for several years, with ridership decreasing 24% since FY
2014/15, when 65,272 trips were provided. In addition to the decreasing trend in
ridership, the City has faced a significant increase in costs over the years, with the fixed
route operational and maintenance costs increasing 16% between the same fiscal year
period. The City’s revenue hour rate equivalent for fixed-route service increased 28% in
FY 2019/20 compared to FY 2018/19.
The goal of the Pilot project is to be able to respond to a passenger’s request for service
within 15 minutes of the requested trip for both ambulatory passengers and passengers
with a mobility device. Basic level of service consists of three (3) provided vehicles with
at least one (1) of the vehicle’s being ADA compliant. The selected proposer will need
to have access to additional ADA compliant vehicles should the active ADA compliant
vehicle be taken out of service for any reason.
II. Overview of Pilot Project Requirements
Turnkey solution provided through a single contract to include the following items:
• Real-time, dynamic service.
• Software application/platform necessary for scheduling, dispatch, user interface,
data collection and to the greatest extent feasible be usable by persons who
have a disability.
• Reporting, backend dashboard.
• Vehicles – owned or leased by vendor, including wheelchair accessible vehicles.
Minimum of three (3) vehicles dedicated to the City’s service area, wrapped with
a mutually agreed upon design that indicates the vehicles are for Moorpark City
Transit. At least one (1) vehicle shall be wheelchair accessible. A back-up
wheelchair accessible vehicle must be available if the primary wheelchair
accessible vehicle is down for service (routine or extraordinary). The back-up
wheelchair accessible vehicle does not need to be wrapped to match the other
vehicles.
• Operators.
• Operation of service.
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• Customer service during the hours of operation.
• Storage of vehicles.
• Maintenance of vehicles.
• Marketing of service.
• Day/time of service (Monday through Friday, 6:00 a.m. to 6:00 p.m. except on
City holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day).
• The pickup time goal for a passenger is 15 minutes from the time that a trip is
requested, including for passengers with a mobility device. Pickup times may
vary depending on peak demand of service.
• Data sharing and ownership by the City.
• Ability to apply different rate structures to passengers (i.e., senior, disabled,
student, etc.).
• Customer service must be available during all hours when service is operational
(Spanish speakers should also be available).
• Ability to request a wheelchair/mobility device accessible vehicle on-demand.
• Service option for those without a smart phone, internet access, credit card.
• Ability to scale service based on demand.
• 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, shall
meet the same requirements of Contractor.
III. Proposal Content/Format
Proposals shall be formatted as follows:
A. Table of Contents.
B. Cover Letter - This letter should be on company letterhead and addressed to the
City with a statement of the Proposer’s basic understanding of the City’s needs.
The names, the business address and telephone numbers of Proposer’s firm’s
officers, directors and associates along with the names and addresses of any
parent or subsidiary of Proposer’s company. Information should describe the
nature of the work and the line of authority of these individuals as they relate to
this project. Please clearly state which services within the scope Proposer’s firm
proposes to provide and which services will be subcontracted. Include the name,
office address, email and telephone number of Proposer’s primary point of
contact. As appropriate, also include the names and qualifications of
subcontractors and/or associates that will assist on this project (see Exhibit F).
C. Statement of Project Understanding - Describe Proposer’s understanding of
City’s existing conditions, challenges, and needs. Clearly state Proposer’s
understanding of the project goals, needs, and any significant opportunities or
constraints posed by the Pilot project. Briefly discuss how the proposed approach
aligns with the City’s stated goals and objectives. (2 page limit response)
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D. Project Approach - Provide a clear statement of the general approach to be
undertaken on the project, including the level of effort required for the work
proposed. Proposers are to propose a comprehensive Pilot project approach,
describing a specific operational model, technology platform, service territory,
vehicle acquisition scheme, and marketing and performance monitoring plan. If
the proposal requires a modification or addition to the Scope of Services in the
interest of innovation, please state this here and describe why the approach
varies and is innovative.
Please address each of the following questions/considerations in the Project
Approach section:
1. Service Model Overview: Include information on schedule and route
operations. Describe how the operational model would function from the
perspective of the Operator, City, and the User.
a. What is innovative about the proposed approach?
b. Why is the proposed approach the best fit for the City? Explain the
reasoning for proposing the specific service model in the approach.
c. How many participants or people are estimated to be reached by the
project? Explain.
d. Describe the user experience and process for a user requesting a ride.
Can the platform support various booking modes?
e. Is your model based on flexible service, fixed stops or a mix of the two?
Explain the benefit of this approach.
f. Describe how customer service is handled.
g. Provide an estimate of anticipated ridership at one month, six months and
one year.
2. Fleet: Describe type and quantity of vehicles required to serve the proposed
Pilot project coverage area(s)/location(s). Please note that the City envisions
the use of three (3) Proposer-provided vehicles with at least one (1) of the
vehicle’s being ADA compliant.
a. Are the vehicles owned, leased or sub-contracted?
b. Is the proposed fleet all the same vehicle type or a mix? Why?
c. How many wheelchair accessible vehicles are proposed?
d. How old are the vehicles?
e. Are the vehicles able to be branded specifically for the City?
f. Describe Proposer’s ability to scale the number of vehicles up or down
based on demand.
g. Describe Proposer’s ability to scale up for special events.
h. Describe the approach to fleet maintenance and storage.
3. Technology Platform and Hardware Requirements: Describe the features and
functionality of the technology platform and hardware requirements.
a. What technology platform will enable the On-Demand service component
of the Pilot project?
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b. Is the technology capable of providing a fully automated scheduling,
dispatching, and reservation system for a demand responsive service?
c. Describe if/how the proposed platform handles fare collection. Describe
the ability of the system to allow different fare structures (i.e., senior fare,
student fare).
d. How does Proposer propose to share data gathered from the Pilot project
with the City?
4. Operator(s): Describe who would operate the Service, both the system and
the vehicles.
a. Describe the role of the operator in determining route or who to pick up in
the platform. Does the operator have the ability to decide if they will or will
not pick up a rider?
b. Describe the background check process on operators.
c. What information does the user see about the operator? Can a rider
choose another operator?
d. How will insurance and liability coverage be provided?
5. Performance Evaluation Plan: Describe the procedures and methodologies
that can be used to calculate and compile results during and after the project.
Discuss details of reporting capabilities of technology platform or software,
ease of use, list specific types of data that can be collected/shared with the
City to improve transportation planning.
a. When/how often should the Pilot project be assessed for performance?
b. Describe the data this platform collects and any reports that can be
generated from it including standard reports (if applicable). Describe to
what extent data collection and reporting can be customized to suit the
agency’s needs. Can this customization be performed by the agency?
c. Can the service be modified if the program/project is not performing as
intended? If so, how?
d. Confirm the following data needed to measure performance can be
provided:
• Ridership – total, by type of rider, by revenue hour.
• Travel times.
• Trip denial rate.
• Booking abandonment rates.
• Percentage of time headways are met.
• Revenue – total, by type of rider.
• Vehicle performance and reliability.
• Number and success of marketing events – audience reached.
• Calls for customer service.
6. Accessibility: Discuss any limitations to the proposed Pilot project model.
a. How would the service accommodate limited mobility residents, such as
seniors or physically impaired users?
b. How would the service accommodate unbanked users?
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c. How would the service accommodate users who do not have a
Smartphone or data plan?
d. How would the proposed service enhance connections to other mode
choices, such as existing fixed-route transit?
7. Marketing and Promotions Plan: Describe Proposer’s approach to marketing
and promoting the new service within the City service area.
a. Include examples of marketing strategies employed for other services.
b. How will branding be used to market the service?
c. What specific promotional events are anticipated to market the service?
d. How will Proposer measure the success of marketing efforts?
8. System and User Training and Support: Describe the program used to train
operators and dispatchers/schedulers. Describe how the City will be trained to
use any dashboard/reporting tools.
a. Describe the technical support available if operators need assistance
while providing service.
b. Describe the technical support available if the City needs assistance using
backend tools or creating reports.
E. Work Plan - The Proposer shall prepare a detailed Work Plan, describing each
step in the overall review, analysis and completion of the Pilot project in
accordance with the Scope of Services. In the interest of innovation, the
Proposer is encouraged to modify the items included in the Scope of Services or
include additional tasks that it feels should be included to develop a successful
service, accompanied by an explanation for the modification or addition. Clearly
indicate who will be responsible for specific tasks and services included in the
Work Plan. The Work Plan shall contain the following elements, but will not be
limited to:
1. Work elements separated into tasks and phases.
2. Identification of key staff by work activity.
3. Identification of schedule start and stop dates for each activity.
4. Expected deliverables/results.
5. Key milestones.
F. Project Timeline - Provide a schedule for performing the tasks identified in the
Scope of Services and based on the City’s desire to start the Pilot service in
2020.
G. Relevant Experience/Past Performance/References/Key Team Members -
Please provide (i) a brief description of the history and background of Proposer’s
firm, (ii) the nature and scope of the firm’s experience, if any, in handling projects
for public transit or transportation agencies and (iii) how many years the firm has
been in business.
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Describe the firm’s direct experience on at least three (3) projects of similar size,
scope and complexity completed in the past five (5) years. Provide the name,
address and telephone number of persons who may be contacted as references.
Proposer shall also include dates, locations, costs, and project managers for
these previous projects. Proposer shall similarly discuss the qualifications of all
other firms proposed to be utilized in the performance of the work if joint venture
partners are proposed or if subcontractors are to be used for substantial portions
of the work.
Please also provide firm size, number of employees, primary type of business,
other affiliated businesses or services, and other descriptive material. This shall
also include the following information: Proposer’s legal name, address, telephone
number, fax number, e-mail, and web address. Provide a written description of
the firm’s knowledge areas and relevant experience. Specifically, please cite any
experience or knowledge of the following:
1. Public transportation planning and operations.
2. Implementing projects funded through Federal Transit administration (FTA)
funds.
3. Implementing demand responsive, innovative mobility systems, including
overall project outcomes and lessons learned.
4. Implementing automated scheduling, dispatch, and reservations systems,
including setting accuracy and performance criteria.
5. Incorporating passenger fare (cash, non-cash) as part of the fare payment.
6. Marketing new service to an auto-centric market
Include an organizational chart and an explanation, should more than one
function be performed by an individual. Submit abbreviated resumes featuring
experience, qualifications and skills for key staff most relevant to this RFP.
Resumes should include dates, number of years of experience in both their field
of expertise and with the proposed firm, as well as other relevant information.
Include the expected amount of involvement for each Proposer team member.
Describe the firm’s available resources and capability for actually undertaking
and performing the work. Provide a written narrative describing the firm’s ability
and specific approach to providing the services requested in this RFP. Indicate if
specific tasks will be subcontracted. Any changes in key personnel after the
award of an agreement must be approved by the City before the change is made.
H. Other Information - Since the preceding sections are to contain only the data that
is specifically requested, any additional information that is considered essential to
the proposal should be included in this section. If there is not additional
information to present, state “There is no additional information we wish to
present.”
I. Proof of insurance - Proposers must submit a copy of their current certificate of
insurance (COI) with their proposal. If the COI does not include the required
10 41
coverage and minimum limits as specified in the RFP, Proposers must also
submit a letter from their insurance provider stating the provider’s commitment to
insure the Proposer, if awarded an agreement, for the types of coverage and at
the limits specified in the RFP.
J. Required Forms - Along with the information required in Part III: A through I
above, Proposer shall submit the following required forms:
1. Proposal Cost Form & Addenda Acknowledgement - Exhibit C
2. Proposer Reference Form - Exhibit D
3. Vehicle Identification Form - Exhibit E
4. List of Subcontractors Form - Exhibit F
The proposal (one original and one copy) should be provided in a sealed
envelope and marked on the outside of the envelope “PILOT MOBILITY ON
DEMAND RIDESHARE PROGRAM – DO NOT OPEN WITH REGULAR MAIL”
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
JUNE 23, 2020.
IV. Proposal Evaluation and Selection
The Proposal must be sealed and received by the City up to the hour of 3:00 p.m. on
the 23rd day of June, 2020. Proposals received after the time and date specified above
will not be considered and will be returned unopened. The City anticipates inviting
Proposers to participate in an Oral Presentation/Interview on July 14, 2020. The
specific time of interviews will be determined based on the number of proposals
received.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective Contractor shall be rejected.
All proposals received shall be evaluated with the emphasis placed on:
1. Project Approach and Work Plan (35%).
2. Relevant Experience and Proposed Team (30%).
3. Proposed Vehicles (10%).
4. Cost shall be evaluated in relation to other qualified Proposers (25%). The
City need not select the lowest Proposer, but may choose according to the
lowest qualified proposal in the best interest of the City.
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After review of the proposals received and interviews have taken place, the City
reserves the right to further negotiate the proposed work scope and/or method and
amount of compensation. Award of an agreement will be based on a combination of
factors that represent the best overall value for completing the work as determined by
City, including: the written proposal criteria described above; results of background and
reference checks; results from the interviews and presentation phase; and proposed
compensation.
A Notification of Intent to Award may be sent to any Proposer selected. Award is
contingent upon the successful negotiation of final terms. Negotiations shall be
confidential and not subject to disclosure to competing Proposers unless an agreement
is reached. If negotiations cannot be concluded successfully, the City in its sole
discretion may negotiate an agreement with another Proposer or withdraw the RFP.
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
requests to modify the Agreement must be provided in writing and submitted with
the proposal. The Proposer 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.
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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. All timely requests for information submitted in
writing by May 19, 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.
G. Insurance Endorsement - Proposer’s attention is directed to Exhibit I’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 I-1.
Contractor’s attention is also directed to Exhibit I-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
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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 Proposer’s proposal (provided
in Exhibit F) shall be used in the performance of this Agreement.
I. Addenda – The City may, from time to time, issue Addenda to the RFP.
Proposers are responsible for ensuring that they have received any and all
Addenda. Each Proposer is responsible for verifying that it has received all
Addenda issued, if any. Proposers must acknowledge receipt of all Addenda, if
any, in their proposals. Failure to acknowledge receipt of all Addenda may cause
a Proposal to be deemed incomplete and non-responsive.
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. Answers to Part III: A through I
2. Proposal Cost Form and Addenda Acknowledgment (Exhibit C )
3. Proposer Reference Form (Exhibit D)
4. Vehicle Identification Form (Exhibit E)
5. List of Subcontractors (Exhibit F)
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EXHIBITS
EXHIBIT A – PROPOSAL CHECKLIST
EXHIBIT B – SCOPE OF SERVICES
EXHIBIT C – PROPOSAL COST FORM AND ADDENDA ACKNOWLEDGMENT
EXHIBIT D – PROPOSER REFERENCE FORM
EXHIBIT E – VEHICLE IDENTIFICATION FORM
EXHIBIT F – LIST OF SUBCONTRACTORS
EXHIBIT G – MOORPARK CITY TRANSIT RULES
EXHIBIT H – SAMPLE AGREEMENT
EXHIBIT I – INSURANCE REQUIREMENTS
EXHIBIT I-1: SAMPLE ENDORSEMENT
EXHIBIT I-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:
1. Answers to Part III: A through I
2. Proposal Cost Form and Addenda Acknowledgment (Exhibit C )
3. Proposer Reference Form (Exhibit D)
4. Vehicle Identification Form (Exhibit E)
5. List of Subcontractors (Exhibit F)
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EXHIBIT B
SCOPE OF SERVICES
FOR PILOT MOBILITY ON DEMAND RIDESHARE PROGRAM
SECTION 1. INTRODUCTION
The City of Moorpark (City) is soliciting proposals from qualified private mobility service
and technology providers to assist with the development and implementation of a one
(1) year Pilot Mobility on Demand rideshare project (Pilot project), with the option of
extending the contract for up to two (2) additional one (1) year extensions, based upon
the Contractor’s successful performance and available funding of this project. A turnkey
solution is desired, and proposals should include provisions for the items included in this
Scope of Services.
The Pilot project is meant to serve the general population by providing shared rides.
The Pilot project is anticipated to be funded with Transportation Development Act (TDA)
Article 8c funds and potentially Traffic Systems Management Funds that have been
collected and are eligible to be spent on this type of project.
The goals of the Pilot project are:
1. To expand mobility options within the City, including areas of the City not
currently serviced by fixed-route service.
2. To provide public transit service more effectively than the City’s current fixed-
route service.
3. To increase dependability of transit service for passengers, including passenger
knowledge of estimated time of arrival.
4. To reduce current fixed-route service hours to specific peak-performance hours
while on demand service provides service throughout the day.
Firms are invited to propose an innovative and flexible transportation model aimed at
encouraging Mobility on Demand, i.e., ridesharing and alternative transportation
solutions. The City envisions an easily scalable service model that integrates real-time,
dynamic operations technology and the “right-sizing” of vehicles based on demand.
The technology should enable a fully automated scheduling, dispatching, and
reservation system for a demand responsive transportation service.
The Objectives of the Pilot project are to:
• Test the impact of Mobility on Demand Rideshare Service through a short-term
project model.
• Better understand demand and willingness to use a rideshare service.
• Acquire data to allow for detailed analysis of service performance and
opportunities for improvements.
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• Improve alternative transportation options compared to personal vehicles or
traditional single occupancy transportation networking companies through
competitive or reduced travel times, convenience, cost effectiveness and
improved overall trip experience.
• Reduce congestion and improve traffic flow by reducing vehicles on the road.
SECTION 2. REQUIREMENTS
Turnkey solution provided through a single contract to include the following items:
• Real-time, dynamic service.
• Software application/platform necessary for scheduling, dispatch, user interface,
data collection and to the greatest extent feasible be usable by persons who
have a disability.
• Reporting, backend dashboard.
• Vehicles – owned or leased by vendor, including wheelchair accessible vehicles.
Minimum of three (3) vehicles dedicated to the City’s service area, wrapped with
a mutually agreed upon design that indicates the vehicles are for Moorpark City
Transit. At least one (1) vehicle shall be wheelchair accessible. A back-up
wheelchair accessible vehicle must be available if the primary wheelchair
accessible vehicle is down for service (routine or extraordinary). The back-up
wheelchair accessible vehicle does not need to be wrapped to match the other
vehicles.
• Operators.
• Operation of service.
• Customer service during the hours of operation.
• Storage of vehicles.
• Maintenance of vehicles.
• Marketing of service.
• Day/time of service (Monday through Friday, 6:00 a.m. to 6:00 p.m. except on
City holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day).
• The pickup time goal for a passenger is 15 minutes from the time that a trip is
requested, including for passengers with a mobility device. Pickup times may
vary depending on peak demand of service.
• Data sharing and ownership by the City.
• Ability to apply different rate structures to passengers (i.e., senior, disabled,
student, etc.).
• Customer service must be available during all hours when service is operational
(Spanish speakers should also be available).
• Ability to request a wheelchair/mobility device accessible vehicle on-demand.
• Service option for those without a smart phone, internet access, credit card.
• Ability to scale service based on demand
• 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, shall
meet the same requirements of Contractor.
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SECTION 3. SERVICE PLAN
Proposed service plan should include provisions for service Monday through Friday,
except for designated holidays (currently New Year’s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day).
The number of vehicles running may be scaled based on anticipated demand during the
day (i.e. more vehicles available during peak-demand, fewer vehicles available during
off-peak times. The pickup time goal for a passenger is 15 minutes from the time that a
trip is requested, including for passengers with a mobility device. It should be noted that
the City’s Scope of Service anticipates a maximum of three (3) vehicles in service,
which the City recognizes may impact the actual pickup time for passengers.
Contractor may propose pricing for additional service vehicles that the City may select
the option of requesting.
SECTION 4. WORK PLAN
The plan shall include the schedule for submitting all preliminary and/or final services
and documents as outlined in the Scope of Services. The Work Plan shall contain the
following elements, but will not be limited to:
• Work elements separated into tasks and phases.
• Identification of key staff by work activity and proposed location.
• Identification of schedule start and stop dates for each activity.
• Expected deliverables/results.
• Key milestones (i.e., Pilot deployment, Performance Monitoring).
SECTION 5. PROJECT MANAGEMENT
Project Management will be a continuous function and a key responsibility of the
Contractor. Contractor’s Project Manager assigned to the Pilot project shall have the
authority to make commitments and decisions that are binding on the Contractor and
any subcontractors. The City’s Project Manager shall be the City Manager or his
designee (References to the City Manager in this Scope of Services shall be interpreted
to also include, “…or City’s Manager’s designee”. All communications between the City
and the Contractor shall be coordinated through their respective Project Managers. In
the area of Project Management, the Contractor shall:
• Schedule and facilitate a kick-off meeting, key milestones, interagency meetings,
field reviews, advisory and/or stakeholders group meetings, and other project
related meetings.
• Prepare agendas, minutes, and sign in sheets for all meetings.
• Maintain and update the work plan as approved by City’s Project Manager.
• Develop and maintain an overall project schedule to ensure milestones are met
in an efficient manner.
• Oversee subcontractor’s (if any) activity. Contractor’s Project Manager will
ensure that individuals performing tasks have appropriate skill levels and
credentials.
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• Coordinate all required deliverables, including, Pilot operations, vehicle
acquisition, installation and configuration of software and hardware,
documentation and training, branding and marketing, and/or performance
monitoring and reporting, per the final contract agreement.
• Be available and responsive to requests for information, inspections or meetings
related to third party oversight. As much as possible, these items will be
scheduled ahead of time; however, time-sensitive issues may arise.
SECTION 6. PERFORMANCE MONITORING AND REPORTING
Contractor shall provide regular reporting, as follows:
6.1 Provide Bi-Weekly Staff Briefings: Contractor shall provide bi-weekly briefings to
City Project Manager on completed tasks, deliverables, and all issues resolved
during the two-week period, with an explanation and new data for unmet tasks
and deliverables. The briefing will also provide a forecast of activities and
expected deliverables for the upcoming one-month period. The bi-weekly
briefing shall contain, at a minimum:
• Summary of work completed to-date
• Updates to Project Schedule
• Status of Pilot and Deliverables
• Activities and expected deliverables for the upcoming month
• Issues for resolution
6.2 Performance Reports & Service Adaptation Plans (SAP): Reporting and analysis
tools shall be built into the technology platform and open to City for regular use.
All data collected as part of the Pilot project must be openly shared with City and
is the property of City. Contractor shall create custom reports as requested by
City. Reports shall allow for daily, weekly, and monthly assessment of the Pilot
project so that changes can be made to improve service and ridership if deemed
necessary by City.
6.3 Performance Evaluation Reports: Contractor shall provide a Performance
Evaluation Report at the end of each month of the Pilot project. At 6 months and
12 months of service, a Summary Performance Evaluation Report shall be
submitted that includes all past performance measures and reporting to give a
comprehensive overview of the success of the Pilot project to date.
6.4 Report Content: Monthly Performance Evaluation Reports shall summarize the
performance of the Pilot project, using clear and measurable criteria that could
include, but are not limited to:
• Demand summary (origin/destination, time of use, boardings per revenue
hour, total ridership, type of rider).
• Total passenger counts by demographic category and fare (student, adult,
senior citizen, disabled, etc.) by day.
• Trip data (travel times, routes trip denial rate, booking abandonment rates,
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percentage of time headways are met).
• Revenue summary (total revenue, revenue broken down by types of riders, if
applicable).
• 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.
• Listing of all vehicles in service.
• Hardware performance and reliability.
• Vehicle maintenance, performance and reliability.
• Date, time, and length of time for any service disruptions (along with any
actions taken in response to service disruptions).
• Status and success of marketing efforts (number of events, attendance,
audience reach, etc.).
• Customer Service.
6.5 Service Adaptation Plan (SAP): If circumstances arise that merit modifications to
the Pilot service operations, a SAP must be coordinated with City Project
Manager and be submitted along with the monthly report, clearly delineating the
problem(s), proposed solution(s), specific service changes, and timeline for
implementing changes.
SECTION 7. FINALIZE PILOT SERVICE PLAN
Contractor shall coordinate with City Project Manager and staff to refine and approve
the Pilot project plan, including specific stops, routes (if necessary), schedules, service
coverage areas, and cost structure (including potential subsidization). Field visits should
be made to assess all proposed stop locations for safety, ADA access, and existing
shelters and amenities.
SECTION 8. FARE STRUCTURE
Contractor shall work with City Project Manager to determine the cost per ride to users
based on the proposed service model, associated costs to operate the Pilot project, and
available resources. City will ultimately determine the cost per ride for its customers.
The fares collected shall be recorded and deducted from Contractor’s monthly invoice.
SECTION 9. SOFTWARE, HARDWARE & EQUIPMENT PLANNING
Contractor shall provide all software design, installation, training, and technical
assistance, hardware and equipment required to deploy and manage the Pilot project.
9.1 Technology Platform Characteristics and Documentation: City envisions a
technology platform that can be used to, in real time, aggregate riders traveling
from multiple origins to multiple destinations in an exceptionally efficient way that
optimizes the balance between maximizing vehicle utilization across the fleet and
maintaining excellent quality of customer experience.
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The platform should support fully automated scheduling, dispatch, and
reservations, allowing passengers to book trips in real-time via phone, internet,
and mobile application. The administrative interface should allow for real time
monitoring and assessment of schedule adherence, vehicle locations, vehicle
breakdowns, and operator performance. It should be accessible via standard
web browsers and from any commonly used internet - enabled device and should
provide options to generate reports and extract operational data for analysis. At a
minimum, software will also be fully-compliant with federal accessibility
requirements related to website design and usage.
Using the final Pilot project model and description of work above as a basis, the
Contractor shall design and document processes and functionalities as they are
to be implemented within the software component of the project. The Contractor
shall document modules, platforms, and services that will be implemented to
meet City’s needs, desired service model, and work rules.
Contractor shall be responsible for coordinating payment and fare integration
within the technology platform and/or across other agency applications, as
necessary. City envisions that the payment system will be highly accessible and
will include multiple forms of payment to accommodate residents that are
unbanked, do not own a smart phone, or have low technology literacy.
9.2 Hardware, Equipment & Vehicles: Contractor shall provide all necessary
hardware required to deploy the Pilot service. If transfer of equipment between
vehicles is required, it should be a well-documented and easy to follow process.
The operator user interface should be safe and easy to use and include audible
and clear messaging indicating passenger updates and stop changes. Operator
instructions should be available in list, map, and turn-by-turn voice instructions to
ensure safe operation.
9.3 Vehicle Acquisition & Operations Plans: Contractor shall supply and maintain all
necessary vehicles for the Pilot service. If Contractor does not own the
necessary vehicles for the Rideshare Service as determined in the Service
Model, vehicle acquisition by way of purchase, leasing, or other agreement will
be required by the Contractor. The selected Contractor shall work with City to
develop a vehicle acquisition plan that clearly outlines the fleet size, type, fixed
and variables costs, operations and maintenance needs and the City desired
vehicles that accommodate limited mobility users and bicycle storage, as
feasible. City envisions the core vehicle fleet shall have a seating capacity of
eight (8) to twelve (12) passengers per vehicle. The ADA accessible vehicle(s)
shall have at minimum capacity for one (1) mobility device (wheelchair/scooter)
but preferably two (2) mobility devices. City’s preference is for a low-floor access
vehicle for mobility devices versus lift-style. Vehicles used in the performance of
this Agreement shall be no more than five (5) years old and/or have no more
than 150,000 miles during any time during the initial term or subsequent
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renewals of this Agreement. Vehicle registration and vehicle identification
numbers will serve as proof of age. Vehicles must meet all EPA standards.
Proposer must specify the number of wheelchair-accessible vehicles needed to
successfully implement the Pilot project. All such vehicles must meet ADA (49
CFR Parts 37 and 38) standards. See Section 18 “VEHICLES” for additional
vehicle requirements.
9.4 Software and Hardware Installation Plan: Contractor shall develop an installation
plan that will be approved by the City Project Manager. The installation plan will
detail all the necessary tasks and the schedule to complete the installation of all
software and hardware, as appropriate, including:
• A plan outlining all tasks necessary to prepare City for the software
installation.
• City staff and resources required during the installation, testing and
acceptance activities.
• Contractor personnel and resources assigned to the data-related tasks,
installation, testing and acceptance activities.
• Timeline and sequence of all installation, data-related testing and acceptance
tasks.
• Functional test procedures, including the use of persons with visual deficits.
• Training curriculum, schedule and other training related requirements.
• Mock Go-live and Go-live procedures.
• Roll-out procedures.
• Post-Go-Live procedures.
• Problem resolution procedures.
9.5 Vehicle Operations: Contractor is responsible for ensuring that all relevant
federal, state, and local regulations are complied with, including trainings,
certification, and/or licensure, as needed.
Proposals that include the use of unionized labor must clearly state all terms and
conditions that may influence the Pilot project. See Section 19 “DRIVERS” for
additional driver requirements.
SECTION 10. INSTALL & IMPLEMENT SOFTWARE AND HARDWARE
COMPONENTS
In conformance to the Technology Platform Documentation and Software and
Hardware Installation Plan, the Contractor shall perform the following:
• Installation of the suite of modules contained in the software component.
• Application of all configurations identified in the Software Solution Design.
• Installation of necessary hardware on pilot vehicles.
• Test suite of modules.
• System acceptance testing.
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• Mock go-live.
• Go live/roll out.
SECTION 11. SYSTEM & USER TRAINING
This Pilot project is expected to be provided by the Contractor as a turnkey solution with
minimal City staff resources needed to implement the service. However, the Contractor
shall provide training and manuals for the City staff needed to monitor, assess, access
data and develop reports using the dashboard and other tools provided by the
Contractor. Contractor shall also ensure the adequate and complete training of
operators takes place prior to placing the operators on the Approved Operators List
submitted to City.
SECTION 12. TECHNICAL SUPPORT
The Contractor shall provide ongoing technical support for the duration of the project.
The Contractor should indicate the level of technical support and ongoing monitoring
that will be provided in order to ensure the system is functioning properly. Software
upgrades should be provided as soon as they are available. Technical support shall
include but is not limited to:
• Customer assistance for booking a trip using smart phone.
• Phone and email responses to software failures or questions within 24 business
hours.
• Assistance with questions on use of approved software configuration and
software version.
• Availability of experts to confer on software new release installation and fixes to
bugs.
• Software upgrades.
SECTION 13. CUSTOMER SERVICE
Customer service shall be available to riders anytime the Pilot project is in operation.
City expects this service as part of the overall turnkey approach and will not have staff
available to respond to customer service requests.
• Riders shall have immediate access to customer service assistance via mobile
application, internet, or phone call at any point in time when service is in
operation.
• Customer service concerns related to safety shall be addressed immediately and
reported to City within two (2) hours.
• City shall have access to all customer service comments, questions, requests or
complaints and Contractor’s responses thereto.
SECTION 14. PILOT DEPLOYMENT PLAN
Contractor shall submit a draft plan for City Project Manager approval detailing all tasks
necessary to deploy the Pilot project showing the relationship across all components.
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Include timelines and indicate responsible parties. Tasks shall include but are not
limited to:
• Vehicle Procurement.
• Stop or Station Preparation (i.e., signage, installation of amenities).
• Operator Procurement and Training.
• Administrative processes.
• Test runs.
• Promotional Events & Marketing.
• Full Service Deployment.
SECTION 15. MARKETING & PROMOTIONS PLAN & IMPLEMENTATION
Contractor shall develop a comprehensive marketing and promotions plan based upon
previous experience deploying a new transit, rideshare, or similar service. City
envisions a combination of hard copy marketing materials, promotional events and
subsidies, and online advertising. Strategic and robust marketing of the Pilot project will
be critical to its success.
SECTION 16. CONTACT INFORMATION
Contractor shall provide the City with emergency and after hours contact telephone
numbers and mobile phones that the City may use as necessary to communicate with
the Contractor after normal working hours.
SECTION 17. VEHICLE 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 18. VEHICLES
Contractor shall adhere to the following maintenance and vehicle requirements:
18.1 Maintenance Facility: Contractor shall provide and maintain an appropriate fixed
maintenance facility. The facility shall be equipped with all tools and equipment
necessary for maintenance of· vehicles in accordance with this Agreement.
18.2 Daily Maintenance: 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
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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.
18.3 Vehicle Cleaning: Contractor shall maintain all vehicles in a clean and neat
condition at all times.
18.4 Preventive Maintenance: Contractor shall develop and implement a preventive
maintenance program. At a minimum, the Contractor'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.
18.5 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
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.
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18.6 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.
18.7 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.
SECTION 19. DRIVERS
19.1 Licenses: 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.
19.2. Driver Duties: 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
passengers with disabilities, 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.
19.3 Driver as Employee: 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. Drivers shall not be permitted to be independent contractors.
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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.
19.4 Driver Training: 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.
19.5 Driver Testing: 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 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.
19.6 Background Check: 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
SECTION 20. DRUG AND ALCOHOL TESTING
20.1 Drug and Alcohol Testing: The Contractor agrees to establish and implement a
drug and alcohol testing program that complies with 49 CFR Part 655, produce
any documentation necessary to establish its compliance with Part 655, and
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permit any authorized representative of the United States Department of
Transportation or its operating administrations, the State Oversight Agency of
California or City, to inspect the facilities and records associated with the
implantation of the drug and alcohol testing program as required under 49 CFR
Part 655 and review the testing process. The Contractor agrees further to certify
annually its compliance with Part 655 before February 15 and to submit the
Management Information System (MIS) reports before February 15 to the City’s
Project Manager. To certify compliance the Contractor shall use the “Substance
Abuse Certifications” in the “Annual List of Certifications and Assurances for
Federal Transit Administration Grants and Cooperative Agreements,” which is
published annually in the Federal Register.
20.2 Information about Program: Contractor shall submit to City upon execution of an
Agreement, copies of its employee handbook and substance abuse policy as well
as all training guides no later than thirty (30) days after Agreement start date.
SECTION 21. NATIONAL TRANSIT DATABASE REPORTING REQUIREMENTS
The Federal Transit Administration (FTA) requires the City to submit reports to the
National Transit Database (NTD). The Contractor shall assist the City in completing all
NTD reports by providing the following data when requested:
• Number of passengers.
• Vehicle revenue hours.
• Vehicle revenue miles.
• Fare collected.
• Total vehicle miles for each vehicle (with beginning mileage as of July 1 and
ending mileage as of June 30).
The reporting requirements may change at any time, subject to determination of NTD.
Contractor will be required to provide any and all information that NTD requests.
SECTION 22. 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 ACKNOWLEDGMENT
FOR ALL SERVICES DESCRIBED IN THE SCOPE OF SERVICES
In response to the Request for Proposals for Pilot Mobility On Demand Rideshare
Program, 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 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 except for as
detailed further in Exhibit C.
Section 1: Project Kick-off
Includes all work that Contractor anticipates performing beginning from the time that the
Agreement is awarded and a Notice to Proceed is issued, and the start of revenue hour
service. Contractor shall attach to this Exhibit C a breakdown of the number of staff
hours, staff positions, and staff hourly rate used to calculate Section 1’s dollar amount.
Contractor shall bill monthly and shall provide the actual number of hours used by each
staff member. Note that Section 1 will be a Year 1 cost only.
Section 1 Cost (submitted in numerical format): $_________________________
Section 2: Revenue Service
Contractor shall have the option of completing either Section 2.A (Revenue Hour Basis
Only) and/or Section 2.B (Capital Vehicle Lease Costs and Revenue Hour Basis).
2.A: Pilot Mobility On Demand Rideshare Program – Revenue Hour Basis
Contractor shall bill for services on a monthly rate based on the number of revenue
hours of service provided for the month.
Year 1 Year 2 Year 3
Revenue Hour Rate* $ $ $
*Revenue Hour is defined as the time when a vehicle is available to the general public and there is an expectation of
carrying passengers. For purposes of proposal comparison, City assumes three (3) vehicles operating twelve (12)
revenue hours each day (or 36 revenue hours per day) for 256 days (9,216 revenue hours).
Contractor may provide additional breakdown if it intends to provide a different Revenue
Hour Rate for ADA accessible and non-ADA accessible vehicles. Contractor shall have
the option of renegotiating the revenue hour rate should the number of revenue hours
increase or decrease by 25%.
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2.B: Pilot Mobility On Demand Rideshare Program – Capital Vehicle Lease
Costs and Revenue Hour Basis
Contractor shall separately invoice monthly for the capital lease costs of each vehicle
used for service and an additional revenue hour rate for each revenue hour of
service.
Year 1 Year 2 Year 3
Vehicle Capital Lease* $ $ $
Revenue Hour Rate** $ $ $
*Provide the proposed monthly vehicle capital lease rate for each year. For purposes of proposal comparison, City
will assume three (3) leased vehicles monthly for 12 months a year.
**Revenue Hour is defined as the time when a vehicle is available to the general public and there is an expectation of
carrying passengers. For purposes of proposal comparison, City assumes three (3) vehicles operating twelve (12)
revenue hours each day (or 36 revenue hours per day) for 256 days (9,216 revenue hours).
Contractor may provide additional breakdown if it intends to provide a different vehicle
capital lease monthly rate and/or a different revenue hour rate for ADA accessible and
non-ADA accessible vehicles.
Section 3: Marketing Program
Includes all work that Contractor anticipates to perform relative to Contractor’s proposed
marketing program. Contractor shall attach to this Exhibit C a proposed marketing
program, including a breakdown of the number of staff hours, staff positions, and staff
hourly rate used to calculate Section 3’s dollar amount. Contractor shall bill monthly
and shall provide the actual number of hours used by each staff member. Contractor
shall include anticipated material/advertising costs as well, including markup. Note: A
maximum of ten percent (10%) markup is allowed for purchased materials.
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) may render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish all necessary
certificates.
Section 3 Cost (submitted in numerical format):
Year 1: $_________________________
Year 2: $_________________________
Year 3: $_________________________
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PROPOSER:
CONTACT:
TITLE:
ADDRESS:
TELEPHONE: EMAIL:
SIGNATURE: TITLE:
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ADDENDA ACKNOWLEDGMENT
Proposer’s Name: ____________________________________
Proposer shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page
acknowledging receipt of the Addenda.
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EXHIBIT D
PROPOSER REFERENCE FORM
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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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. If Proposer
intends to procure vehicles upon execution of an Agreement, then Proposer shall
indicate such on this Exhibit E and include vehicle detail sheet(s) and anticipated
delivery date of procured vehicles.
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:
18. Location/address where vehicle will be stored and maintained:
Location Stored:
Location Maintained (if different from storage):
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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.
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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 ___________________________, unless this Agreement is terminated
or suspended pursuant to this Agreement. The City shall have the exclusive option to
extend this Agreement for up to two (2) additional years, in consecutive one-year
increments. The City shall advise Contractor of its intention to continue for an additional
period at least ninety (90) days prior to the end of 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
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both parties. Payment by City to Contractor shall be in accordance with the provisions of
this Agreement.
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, any 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. 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 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 service
modifications required.
The City may assess liquidated damages for the following defaults:
A. If a vehicle is not properly inspected or cleaned prior to use on the route;
B. If the driver fails to complete a route due to vehicle or driver failure,
mechanical failure;
C. If the driver fails to stop for a passenger at a designated stop;
D. If the driver fails to pick up or assist a rider with a disability that requires
assistance to board and alight from the vehicle.
E. If the Contractor fails to dispatch an ADA accessible vehicle to pick up a rider
with a disability.
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.
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
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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
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
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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 I 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
for performing services hereunder for City. City shall not be liable for compensation or
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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 Acknowledgment), Exhibit D (Proposer Reference
Form), Exhibit E (Vehicle Identification Form), Exhibit F (List of Subcontractors), Exhibit
G (Moorpark City Transit Rules), and Exhibit H (Insurance Requirements), are hereby
incorporated and made a part of this Agreement.
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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 I
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 $2,000,000 per occurrence for all covered losses and no less than
$4,000,000 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 $2,000,000 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.
Contractor shall procure and maintain Sexual Abuse/Molestation Liability coverage with
limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate.
Coverage may be provided as part of Commercial General Liability coverage,
Professional Liability coverage, or as a separate policy.
Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000
per occurrence/loss which shall include the following coverage:
1. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and regulatory
fines arising from such theft, dissemination or use of the confidential information.
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2. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
3. Liability arising from the failure of technology products (software) required under
the contract for Consultant to properly perform the services intended.
4. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep-linking or
framing, and infringement or violation of intellectual property rights.
5. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the
Agreement.
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
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 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
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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
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.
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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
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
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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
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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