HomeMy WebLinkAboutAGENDA REPORT 2014 0507 CCSA REG ITEM 10JITEM 10.J.
City Council +t
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Senior Management Ana yst
DATE: April 24, 2014 (CC Meeting of 05/07/14)
SUBJECT: Consider Award of Agreement to Durham School Services L.P., for Bus
Excursions and Charter Bus Transit Services
BACKGROUND
On March 5, 2014, the City Council authorized staff to advertise a Request for Proposal
(RFP) for bus excursions and charter bus transit services. The solicitation asked for
proposals for school bus type services for the Moorpark Beach Bus, as well as Camp
Moorpark and Adventure Camp (Camp Moorpark). The scope of services also includes the
possibility of excursion trips for the Active Adult Center; however, no specific trips are
planned at this time.
Proposals were due April 3, 2014 at 3:00 p.m. The City received three (3) proposals from
Durham School Services L.P., (Durham), Airport Connection Incorporated, doing business
as Roadrunner Shuttle (Roadrunner), and Santa Barbara Transportation Corp., doing
business as Student Transportation of America, Inc. (STA). The RFP and proposals are
available for review in the Large Conference Room. Electronic versions of the documents
can be provided upon request.
A summary of the pricing for Summer 2014 from each proposal is shown in Table 1 below.
For a comparison of daily costs, an example trip of 10 hours was used.
Table 1: Pricing Comparison
Firm Name
Durham
Roadrunner
STA
First Five Hours
$357.00
$375.00
$369.50
Additional Per-
Hour Fee
$51.00
$75.00
$75.00
10 Hour Trip
$612.00
$750.00
$744.50
SAPublic Works\Everyone\Reports\Staff Reports\2014\May\05-07-2014 (Bus Excursion Agreement).doc 211
Honorable City Council
May 7, 2014
Page 2
DISCUSSION
Upon review of all the proposals, staff recommends the award of an Agreement (attached)
to Durham to provide bus excursion services. The current agreement to provide these
services is with STA and expires May 31, 2014. STA has performed satisfactorily;
however, their pricing is the second highest price out of the three proposals. Durham's
pricing is the least expensive and they provided satisfactory service to the City in the past.
Durham's facility is located in Thousand Oaks, which is within the 35 -mile maximum
distance requirement included in the City's RFP. Durham has indicated that its wheelchair
accessible vehicles will be able to arrive in Moorpark within 30 minutes of an initial request.
Durham has one wheelchair accessible backup vehicle located at its Thousand Oaks
facility that can be utilized when needed. Durham also has access to other wheelchair
accessible backup vehicles from its Calabasas and Ventura locations as well.
Durham proposes to utilize four school buses, with two buses being primary for the
Moorpark Beach Bus Program and Camp Moorpark. The remaining two buses will serve
as backup buses. The seating capacity of the two primary vehicles are 83 passengers and
82 passengers. The seating capacity of the two backup vehicles are 84 passengers and
78 passengers. It should be noted that the City's RFP required that all contractor -provided
vehicles have no more than 75,000 original miles at the start of the services. Durham's 78
passenger back-up bus has 145,601 original miles while the remaining three buses
proposed to be used by Durham each have less than 75,000 original miles. The City's
RFP included language that states, "the City of Moorpark City Council reserves the right to
waive any informalities or irregularities in any proposal submitted, to reject any or all
proposals, and to award agreements to one or more contractor for one or more of the RFP
items." Based upon Durham's pricing and the fact that all of the proposed school bus
vehicles from STA and Roadrunner exceed 75,000 original miles, staff is recommending to
award the Agreement to Durham.
The excursion rate proposed by Durham is $71.40 per hour for the first five hours (per
bus). For each additional hour the rate decreases to $51.00. The City's previous
contractor, STA, was charging $71.90 per hour for the first five hours and $52.00 for each
additional hour. Durham's proposed pricing is approximately 1.21% lower than STA's
current price. In Summer 2013, a ten-hour Beach Bus trip cost the City $619.50. For
Summer 2014, a Beach Bus trip provided by Durham would cost $612.00. The term of the
Agreement is for three years and includes an annual pricing increase of 2.0% for Summer
2015 and Summer 2016.
The proposed Beach Bus program for Summer 2014 is the same as was provided last
year:
1. The Beach Bus will provide two trips per day, Tuesday through Thursday for nine
weeks during the summer.
212
Honorable City Council
May 7, 2014
Page 3
2. Continue not to have the tripper bus service for days when passenger demand
exceeds capacity.
3. Beach Bus will start its pick up and drop off at Campus Canyon School and
continue to Peach Hill Park.
4. Maintain Beach Bus fare at $5.00 round trip for students/adults.
5. Maintain Beach Bus fare at $2.00 round trip for seniors/disabled.
6. Passengers five and under ride for free.
7. Passengers will be given wrist bands for their return trips. Passengers who use the
first trip to Zuma Beach will be required to use the first return trip from Zuma Beach.
Passengers who use the second trip to Zuma Beach will be required to use the
second return trip from Zuma Beach. This will prevent passenger overflow
concerns and ensure that everyone who traveled to the beach will be able to return
to Moorpark.
8. Continue the "Buy Three, Get One Free" Beach Bus program.
9. Continue the Summer Youth Bus Pass program.
FISCAL IMPACT
Estimated costs to operate the Beach Bus and Camp Moorpark services for 2014 are as
follows:
• Beach Bus $17,000.00
• Camp Moorpark $18,000.00
It is estimated that $4,000.00 of the Beach Bus cost will be offset by fares for an estimated
maximum net cost of $13,000.00. As in previous years, the $13,000.00 will be funded from
the City's Transportation Development Act (TDA) funds. Sufficient TDA funds have been
budgeted for this purpose. TDA funds not spent on transit projects are spent on streets
and roads projects. Bus costs for Camp Moorpark and Adventure Camp are funded by
camp registration fees.
In addition to the Beach Bus cost, the City will also have to pay the Los Angeles County
Department of Beaches and Harbor (LA County) a permit fee for utilizing Zuma Beach and
for parking. The City's 2013 costs were $200 for the permit. According to staff at LA
County the City's 2014 permit cost should be $200 as well.
STAFF RECOMMENDATIONS
1. Award a bus excursion and charter bus transit services agreement to Durham
School Services L.P.
2. Authorize the City Manager to sign the Agreement for said services, subject to final
language approval of the City Manager and City Attorney.
Attachment: Agreement
213
ATTACHMENT
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
DURHAM SCHOOL SERVICES, L.P. FOR BUS EXCURSION AND CHARTER
SERVICES
THIS AGREEMENT, made this day of between the
City of Moorpark, a municipal corporation, located at 799 Moorpark Avenue, Moorpark,
California 93021, hereinafter referred to as "City" and Durham School Services, L.P., a
limited partnership, hereinafter referred to as "Contractor".
WITNESSETH
The Parties hereto do agree as follows:
1. Term — The term of this Agreement shall be from the date executed above, and
shall continue in effect until the completion of the project on May 31, 2016.
2.1 Incorporation by Reference — Appendix A (Scope of Services), Appendix B
(Proposal Cost Form), Appendix C (Proposer Reference Forms), Appendix D
(Vehicle Identification Forms), Appendix E (List of Subcontractors), Appendix F
(Moorpark City Transit Rules), Appendix G (the City's Request for Proposal), and
Attachment 1 (Insurance Requirements), are hereby incorporated and made a
part of this Agreement.
2.2 Order of Precedence — The provisions of this Agreement shall control all
Agreement Documents; in the event of any ambiguity or inconsistency, the same
shall be resolved by reference first to the language of any written amendments
signed by both parties, then to the language of the Agreement, then attachments
to the Agreement, then to the language of the City's Request for Proposal.
2.3 Entire Agreement — This Agreement contains all of the covenants and
agreements between the parties with respect to the rendering of bus excursion
and charter bus services by Contractor to the City, and contains all of the
covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, oral or otherwise, not embodied herein,
shall be valid or binding and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. This Agreement shall not
be amended in any way except by a writing expressly purported to be such an
amendment, signed and acknowledged by both of the parties hereto.
3. Definitions — "Passenger" shall mean any person utilizing the services provided
by the Contractor as described in Appendix A.
214
"Vehicle" or "backup vehicle" shall mean a bus or van designated by the
Contractor for use in providing services under this Agreement, including but not
limited to a primary vehicle, an additional wheelchair accessible vehicle and a
backup or replacement vehicle if needed due to a mechanical breakdown, traffic
incident, or any reason whatsoever to provide transportation services under this
Agreement. The backup or replacement vehicle shall be equipped with a
wheelchair lift and be of the size, capacity, and design specified in Appendix A,
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.
4. Compensation — Compensation for services to be performed by the Contractor
shall not exceed the daily rate submitted in the Contractor's Cost Proposal Form
in Appendix B 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 5, Liquidated Damages, the City
may, at its sole option, notwithstanding other rights and remedies, assess the
Contractor at the hour rate detailed in Appendix B 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.
Contractor shall submit to the City a written invoice for services rendered fifteen
(15) days following the end of the month for which services were rendered.
Invoices shall be accompanied with attachments specified in Appendix A. The
City agrees to pay the amount due to the Contractor within thirty-five (35) days
following the receipt of said invoice.
5. Liquidated Damages — Contractor shall operate strictly according to the most
current bus schedule provided by City and to a reasonable on-time performance
standard except where service is interrupted for those reasons stated hereinafter.
Service shall be provided as scheduled or according to any adjusted schedule
established by City, including route modifications required.
Agreement for Bus Excursion and Charter Services
Page 2
215
The City may assess liquidated damages for the following defaults:
(1) If the driver begins or ends a route late by more than twenty (20) minutes;
(2) If the driver departs from a stop prior to the designated departure time;
(3) If the vehicle in use on the route runs out of fuel;
(4) If the driver deviates from a route or fails to follow the route as scheduled;
(5) If a vehicle is not properly inspected or cleaned prior to use on the route;
(6) If the driver fails to complete a route due to vehicle or driver failure,
mechanical failure;
(7) If the driver fails to stop for a passenger at a designated stop;
(8) If the driver fails to pickup or assist a disabled rider that requires assistance
to board and alight from the bus.
The Contractor agrees that any of the above defaults will result in damage and
injury to the City. The City and Contractor agree that actual damages occurring to
the City because of any one or more of such defaults, on a given day, will be
difficult if not impossible to ascertain with any degree of certainty or accuracy.
Accordingly, the City and the Contractor have negotiated and have agreed that for
each calendar day during which one or more defaults occur that the Contractor
shall pay to the City, as and for liquidated damages, and not as a penalty, a sum
equal to the hourly rate per vehicle compensation due to the Contractor pursuant to
Appendix B 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 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.
6. City Obligations — City agrees to comply with all reasonable requests of the
Contractor relative to, and provide access to all documents reasonably
necessary for, the performance of Contractor's duties under this Agreement. City
shall be responsible for approving all trip routes, time schedules, and fares. City
reserves the right to change time schedules.
Agreement for Bus Excursion and Charter Services
Page 3
216
7. Contractor's Obligations — For and in consideration of the payments and
agreements herein before mentioned to be made and performed by City,
Contractor agrees with City to provide services as specified and to do everything
required by this Agreement, the said Appendixes and Attachments thereof.
Without limiting the generality of the foregoing, Contractor warrants on behalf of
itself and all subcontractors engaged for the performance of this Agreement, that
only persons authorized to work in the United States, pursuant to the Immigration
Reform and Control Act of 1986 and other applicable laws, shall be employed in
the performance of the work hereunder.
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. Licenses and Registrations — At all times during the term of this Agreement,
Contractor shall have in full force and effect, all licenses and registrations
required of it by law for the performance of the services in this Agreement,
including a City Business Registration.
10. Indemnification — Contractor shall indemnify, defend, and hold harmless the City,
and its officers, employees, and agents ("City Indemnitees"), from and against
any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including legal counsels' fees and costs of litigation ("claims"), arising
out of 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 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 legal counsels' fees, incurred in defense of such claims.
11. Insurance — The Contractor shall maintain prior to the beginning of, and for the
duration of this Agreement, insurance coverage as specified in Attachment 1.
12. Independent Contractor — Contractor is and at all times shall remain, as to the
City, a wholly independent Contractor. Contractor shall not, at any time or in any
manner, represent that he is an officer, employee or agent of the City.
Contractor shall comply with all applicable provisions of the Workers'
Compensation Insurance and Safety Acts and Labor Code of the State of
California.
Agreement for Bus Excursion and Charter Services
Page 4
217
13. Amendments — Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the
City Manager.
14. Termination and Suspension — This Agreement, or portions thereof, may be
terminated, canceled or suspended in any one of the following manners -
1 )
anners:
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.
15. Ownership of Reports and Data — At the time of 1) termination of this Agreement
or 2) conclusion of all work, all original reports, documents, calculations,
computer files, notes, and other related materials whether prepared by
Contractor or its subcontractor(s) or obtained in the course of providing the
services to be performed pursuant to this Agreement shall become the sole
property of City. Any word processing computer files provided to City shall use
Microsoft Word or Windows software.
16. Assignment — Contractor shall not assign this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City Manager.
Agreement for Bus Excursion and Charter Services
Page 5
218
Only qualified Contractor employees, as described in the Scope of Services
(Appendix A), shall perform driver services provided for in this Agreement.
17. Attorneys' Fees — If any action at law or suit in equity, including an action for
declaratory relief, is brought to enforce or interpret any provision of this
Agreement, the prevailing party shall be entitled to attorneys' fees, court costs,
and necessary disbursements, in addition to any other relief to which it may be
entitled.
18. Non -Discrimination — In the performance of the terms of this Agreement, the
Contractor agrees that it shall not engage in, nor permit such subcontractors as it
may retain to engage in, discrimination in employment of persons because of
age, race, color, creed, sex, sexual orientation, national origin or ancestry,
religion, or marital status of such person(s). Violation of this provision may result
in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
19. Venue — This Agreement is made, entered into, and executed in Moorpark,
Ventura County, California, and any action filed in any court of law for arbitration
of the interpretation, enforcement and/or otherwise of the terms, covenants and
conditions referred to herein shall be filed in an applicable court in Ventura
County, California.
20. Non -Exclusive Agreement — The City reserves the right to contract with other
firms during the Agreement term or to issue multiple agreements for individual
aspects of the project as may be deemed in the best interests of the City.
21. Public Domain — All products used or developed in the execution of this
Agreement shall remain in the public domain at the completion of the Agreement.
22. Audit — City shall have the option of inspecting and/or auditing all records and
other written materials used by Contractor in preparing its statements to City as a
condition precedent to any payment to Contractor.
23. 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 grounds that the party prepared the Agreement or caused it to be prepared.
24. Waiver of Agreement — 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.
Agreement for Bus Excursion and Charter Services
Page 6
219
25. Captions and Headings — The captions and headings of the various Articles,
Appendixes, Attachments and Paragraphs of this Agreement are for convenience
and identification only and shall not be deemed to limit or define the content of
the respective Articles, Appendixes, Attachments and Paragraphs hereof.
26. Notice — Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by 1) personal
service, 2) delivery by a reputable document delivery service, which provides a
receipt showing date and time of delivery, or 3) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may
later designate by notice:
City.. City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Contractor: Contract Administrator
Durham School Services, L.P.
4300 Weaver Pkwy.
Warrenville, IL 60555
27. Authority to Execute Agreement — Both City and Contractor do covenant that
each individual executing this Agreement on behalf of each party is a person duly
authorized and empowered to execute agreements for such party.
28. Responsible Individuals — The individual directly responsible for Contractor's
overall performance of the Agreement provisions above set forth and to serve as
principal liaison between Contractor and City shall be Amy O'Dell, Contract
Administrator, or her designee.
The City Manager, or his/her designee, shall represent the City in all matters
pertaining to the administration of this Agreement, and review and approval of all
work to be performed by the Contractor pursuant to this Agreement. The City
Manager is authorized to act on City's behalf to execute all necessary documents
that increase the Scope of Services or change Contractor's compensation.
Agreement for Bus Excursion and Charter Services
Page 7
220
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK:
Steven Kueny,
City Manager
Date
ATTEST:
Maureen Benson, City Clerk
DURHAM SCHOOL SERVICES:
David A. Duke,
Chief Executive Officer
Date
Agreement for Bus Excursion and Charter Services
Page 8
221
APPENDIX A
SCOPE OF SERVICES
FOR BUS EXCURSION CHARTER BUS SERVICES
SECTION 1. SERVICE DAYS AND HOURS
MOORPARK BEACH BUS
The Moorpark Beach Bus operates from 9:00 a.m. to 6:30 p.m. for approximately ten
(10) to twelve (12) weeks from mid-June to mid-August. The current intent of the City is
to offer this service on Tuesdays, Wednesdays, and Thursdays. The public
transportation service included in this Scope of Service consists of a single vehicle
service for the City with eight (8) to ten (10) revenue hours per day. A school bus is
usually adequate for this service. Contractor shall provide service between various
stops in the City and a beach destination, such as Zuma County Beach in Malibu. This
shall be an unsupervised public transit service. One vehicle shall make two (2) or more
round trips each day of service in accordance with a published schedule. Schedule
adherence is important for this service.
The City shall determine and set fares. Contractor shall charge passengers exactly as
specified unless notified by the City that there will be a deviation from regular fares.
CAMP MOORPARK & ADVENTURE CAMP
Camp Moorpark and Adventure Camp are summer recreation programs that typically
require one or two (1 - 2) buses Monday through Friday for a ten (10) to eleven (11)
week period from June through August. Trips are taken by children ages 5-14. Trip
destinations include locations in Ventura, Los Angeles, and Santa Barbara counties.
This is a subscription service. Passengers register in advance with the City.
Passengers are supervised by City staff. The number of passengers can be up to
seventy (70) children and fourteen (14) staff.
The City, at its sole option, may contract with more than one bus operator to expand or
reduce services during the term of the Agreement. The City, at its sole option, may
wish to expand or reduce these services during the term of the Agreement.
ACTIVE ADULT CENTER
Transportation from the Moorpark Active Adult Center to a local attraction such as a
museum or event site, typically within seventy-five (75) miles of Moorpark, and not
usually exceeding ten hours from beginning to end.
222
SECTION 2. ROUTES
With the exception of the Moorpark Beach Bus, trips shall have one (1) point of origin in
the City, which shall be the Arroyo Vista Recreation Center at 4550 Tierra Rejada Road
for Camp Moorpark or 799 Moorpark Avenue for the Active Adult Center. The Beach
Bus has approximately five (5) stops for boarding and alighting in the City. All services
usually have one (1) destination point.
The City reserves the right to adjust the routes, providing notice as indicated in this
Agreement.
SECTION 3. OPERATIONS
The Contractor shall be responsible for operation of the vehicles used to provide
services contemplated by this Agreement. The Contractor shall ensure at all times that
vehicles used for passenger conveyance shall be operated with due regard for the
safety, comfort, and convenience of the public. The Contractor shall be responsible for
complying with all applicable federal, state and local laws and requirements.
SECTION 4. CONTRACTOR VEHICLES
Contractor shall provide all necessary vehicles, including one (1) primary bus and at
least one (1) backup bus to ensure continuation of service in case of a breakdown of the
primary bus. All Contractor -supplied vehicles shall have less than 75,000 original
odometer miles and shall be equipped with a wheelchair lift (or ramp) and meet ADA
standards. The Contractor shall at all times be required to have a backup vehicle
available for use in the event that the primary vehicle is unable to operate. If the
primary vehicle does not include a wheelchair lift (or ramp) the Contractor shall be
required to provide a separate wheelchair accessible vehicle upon demand. For the
Beach Bus program, the separate wheelchair accessible vehicle shall be provided
within thirty (30) minutes of discovering a passenger at a Beach Bus stop with a
wheelchair or similar mobility device. For Camp Moorpark, Adventure Camp or Active
Adult trips, the Contractor shall be notified at least twenty-four (24) hours in advance if a
wheelchair accessible vehicle is required.
In the event that the vehicle being used by the Contractor breaks down, the Contractor
shall provide a backup vehicle on site within one and one half (1 '/2 ) hours.
The primary vehicles shall have a minimum of twenty-five (25) bench seats and a
seating capacity of approximately seventy-five (75) children at three (3) passengers per
bench seat, and approximately fifty (50) adults at two (2) passengers per bench seat.
All vehicles must have storage for luggage. Air conditioning, large tinted windshield,
and passenger windows are desirable but not required. A late model school bus in
good condition may meet the criteria for vehicles.
Bus Excursion and Charter Services — Scope of Services
Page 2
223
SECTION 5. MAINTENANCE
The Contractor shall perform the duties and accept the responsibilities set forth in
connection with the maintenance of the Contractor's vehicles used to provide services
under this Agreement. Contractor's buses, vans, school buses or other vehicles that
are used to provide services under this Agreement are referred to in this section as
"vehicles". The omission of a duty or responsibility herein shall not relieve the
Contractor of its obligation to perform such duty or accept such responsibility, so long as
it is usual, customary and generally accepted within the public transportation industry as
being an integral element of operating a fixed -route and dial -a -ride public transportation
system of a kind and character such as Moorpark City Transit.
5.1. Maintenance Facility: The Contractor shall provide and maintain an appropriate
fixed maintenance facility within a thirty-five (35) mile radius from the City. The
facility shall be equipped with all tools and equipment necessary for maintenance
of- vehicles in accordance with this Agreement. When out -of -service, vehicles
shall be stored at all times either within an enclosed, paved garage, or within a
paved, security -fenced outside storage area.
5.2. Daily Maintenance: The Contractor shall perform daily vehicle servicing on all
vehicles under this Agreement. For purposes of this Agreement, daily servicing
shall include, but not be limited to: fueling; check/add engine oil, coolant, water,
and transmission fluid; farebox vault pulling and replacement; wheelchair lift
check; brake check; light and flasher check; and checking all vehicle
performance defects reported by drivers to identify potential safety and reliability
items requiring immediate attention. The Contractor shall develop, implement
and maintain a written checklist of items included in the daily servicing of the
vehicles. The checklist shall be utilized and kept on file for City and California
Highway Patrol (CHP) review at any time during regular business hours. The
checklist requirement may incorporate or supplement CHP required driver's pre -
trip safety inspections.
5.3. Vehicle Cleaning: The Contractor shall maintain all vehicles in a clean and neat
condition at all times.
The interior of the vehicles shall be kept free of litter and debris to the maximum
practicable extent throughout the operating day. Vehicles shall be swept and
dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks
as necessary. The interiors of all vehicles shall be thoroughly washed at least
once per week, including all windows, seats, floor, stanchions, and grabrails. All
foreign matter such as gum, grease, dirt, and graffiti shall be removed from
interior surfaces during the interior cleaning process. Any damage to seat
upholstery shall be repaired at the end of each day. Ceilings and walls shall be
thoroughly cleaned at least once per month, or more often as necessary.
Bus Excursion and Charter Services — Scope of Services
Page 3
001
Destination sign interior glass shall be cleaned as necessary to maintain a clean
appearance and maximize visibility.
The exteriors of vehicles shall be washed as required to maintain a clean, inviting
appearance and in no event less than once per week. Exterior washing shall
include the bus body, all windows, and wheels. Rubber or vinyl exterior
components such as tires, bumpers fascia fender shirts, and door edge guards
shall be cleaned and treated with a preservative at least once per month, or as
often as necessary to maintain an attractive appearance. The bus exterior shall
be waxed once every six (6) months.
The vehicles shall be kept free of vermin and insects at all times. The Contractor
shall exterminate all vermin and insects from the vehicles immediately upon their
discovery, utilizing safe and non -hazardous materials.
5.4. Preventive Maintenance: The Contractor shall develop and implement a
preventive maintenance program. At a minimum, the Agreement's preventive
maintenance program shall adhere to the preventive maintenance schedules and
standards of the industry, and shall meet the manufacturer's specifications and
be sufficient so as not to invalidate or lessen warranty coverage of the vehicles.
Adherence to preventive maintenance schedules shall not be regarded as
reasonable cause for deferred maintenance in specific instances where the
Contractor's employees observe that maintenance is needed in advance of
schedule.
The Contractor shall not defer maintenance for any reason without the prior
written consent of the City. The Contractor shall adjust the work schedule of its
employees as necessary to meet all scheduled services and complete preventive
maintenance activities according to the schedule. All parts used for preventive
maintenance shall be new and meet manufacturer's specifications.
The City, at its own expense, may inspect the vehicle(s) to ensure that regular
preventive maintenance is being performed.
5.5. Vehicle Repairs: All repairs to the vehicles shall be performed by the Contractor
or by other vendors and suppliers and shall be included in the final Agreement
cost. Repairs shall include, but not be limited to, work to correct loss or damage,-
adjustments
amage;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
Bus Excursion and Charter Services — Scope of Services
Page 4
225
Contractor shall assure the City that required repairs shall not be deferred
beyond a reasonable time.
The Contractor shall be familiar with vehicles and equipment warranties and shall
comply with all warranty provisions in the conduct of maintenance.
5.6. Vehicle Towing: In the event that towing of a vehicle is required due to
mechanical failure or damage, the Contractor shall be responsible to provide
such towing at the Contractor's sole expense.
5.7. Maintenance Records and Reports: The Contractor shall prepare, maintain, and
make available to the City, the CHP and/or such other regulatory agencies with
jurisdiction records and data relative to vehicle maintenance. Maintenance
records shall be maintained on all vehicles indicating all warranty work,
preventive maintenance, and repairs performed on each vehicle. All such
records and reports shall be prepared and maintained in such a manner to fulfill
any applicable state or federal requirements, as well as any needs of the City to
enable it to evaluate accurately the Contractor's maintenance performance and
the operating expense associated with the services provided under this
Agreement.
The City maintains the right to inspect, examine and test, at any reasonable time,
any vehicles used in performance of this Agreement and any equipment used in
the performance of maintenance work in order to ensure compliance with this
Agreement. Such inspection shall not relieve the Contractor of the obligation to
monitor continually the condition of all vehicles and to identify and correct all
substandard or unsafe conditions immediately upon discovery.
The Contractor shall prepare and maintain records and reports that shall include,
but not limited to, the following:
A. Daily vehicle inspection and servicing checklists.
B. Work orders for all maintenance inspections, warranty repairs and other
vehicle repairs including materials, parts and labor consumed.
C. Roadcall reports, or work order, for each roadcall identifying date and
time, vehicle number, problem and mileage of vehicle.
D. Monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
SECTION 6. DRIVERS
Drivers are required to possess a valid California Class "B" or "C" driver license for the
operation of the type of vehicles to be used by that respective driver. The Contractor
shall provide thorough training for all drivers for the proper performance of their duties.
Bus Excursion and Charter Services — Scope of Services
Page 5
226
Drivers shall also be thoroughly trained on the use of all equipment required under this
Agreement, including the Contractor's backup vehicles.
At a minimum, drivers shall be required to: wear an approved uniform of clean and neat
appearance, be helpful and courteous, ensure that fares are collected and deposited in
the farebox, assist senior citizens and disabled passengers, refuse rides to unruly
passengers, stay on schedule, obey all traffic laws, and enforce all City Transit
Passenger Rules (Appendix F). Drivers shall not smoke in the vehicles or allow
passengers to do the same.
City shall have the right, contingent upon the Contractor's personnel policy guidelines,
to ask for the temporary or permanent removal of any driver furnished by Contractor for
any reasonable cause (not to be construed as requesting removal from Contractor's
employment). Contractor shall submit a copy of its current personnel policy guidelines
with this Agreement and any amendments thereto. All drivers shall be employees of
Contractor and Contractor shall be solely responsible for payment of all employees'
wages and benefits. Contractor, without any expense to City, shall faithfully comply with
the requirements of all applicable laws with respect to employee liability, workers'
compensation, unemployment insurance and other forms of social security. Contractor
shall also be responsible for withholding of income tax at its source from employees'
wages and, furthermore, the Contractor shall indemnify and hold harmless the City and
the State of California from any liability, damages, claims, costs, and expenses of any
nature arising from alleged violation of such laws.
Contractor shall provide thorough training for all drivers for the proper performance of
their duties. Contractor must have a training program encompassing the National
Safety Council Defensive Driving Course. This program should also direct itself to
dealing specifically with transporting the elderly and mobility impaired. All new
employees shall receive proper training and instruction at the time of hiring and prior to
being assigned to the service. This training program must be described fully and
submitted to City for review within ten (10) days of Agreement approval by the City.
The Contractor shall require pre-employment medical examinations, including drug and
alcohol testing, for all prospective drivers and other safety sensitive employees of the
Contractor. Any person who has not successfully passed such an examination shall not
be permitted to operate a vehicle in any service performed under Agreement to the City.
Additionally, the Contractor must have an anti-drug program established for employees
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
Bus Excursion and Charter Services — Scope of Services
Page 6
227
implemented, and (b) those actions are being/have been implemented.
SECTION 7. BUS OPERATION RECORDS AND REPORTS
The Contractor shall be required to maintain ridership and operations records for this
service as deemed necessary by the City.
The Contractor shall be responsible for submission of monthly service summary reports
to the City. These reports, to be submitted by the Contractor within fifteen (15) days of
the end of each calendar month, shall include, but not limited to, the following.-
A.
ollowing:
A. Listing of all vehicles in service.
B. Date, time, and length of time for any service disruptions.
C. Corrective actions taken for breakdowns and roadcalls.
D. A monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
E. Total passenger counts by demographic category and fare (student, adult,
senior citizen, handicapped, etc.) by day.
F. Passenger counts by payment method (cash, one-way ticket, and discounted
passes) by day.
G. Missed or abbreviated route trips; unusual incidents while on duty.
H. From time to time, at the City's request, the Contractor shall record passenger
activity per stop.
SECTION 8. FARES
The Summer Beach Bus is a general public transportation service and passengers must
pay a fare. The Contractor shall collect fares in accordance with fare policies as set by
the City. The fares collected shall be recorded and submitted to the City at the end of
each service day along with the fare collection sheet for that day. Most excursion and
charters sponsored by the Recreation Division, such as Camp Moorpark and Active
Adult Center will not have fares that the Contractor has to collect.
SECTION 9. CONTACT INFORMATION
Contractor shall provide the City with emergency and after hours contact telephone
numbers and pagers that the City may use as necessary to communicate with the
Contractor after normal working hours.
SECTION 10. RADIO COMMUNICATION
The Contractor shall provide to the vehicles the necessary communication equipment to
allow for communication between the driver and the Contractor's maintenance facility.
Bus Excursion and Charter Services — Scope of Services
Page 7
228
The Contractor shall notify the City, at the first available opportunity, of any vehicle
breakdowns or other problems that may cause schedule delays.
SECTION 11. SPECIAL SERVICES
From time to time the City may wish to expand the hours or the days of services to the
community. With twenty-four (24) hours written notice, Contractor shall provide the
special service using the Agreement vehicles, at the regular hourly rate.
Bus Excursion and Charter Services — Scope of Services
Page 8
229
APPENDIX B
PROPOSAL COST FORM AND ADDENDA
FOR ALL SERVICES DESCRIBED IN THE SCOPE OF SERVICES
In response to the Request for Proposals for Bus Excursion and Charter Services from the City
of Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined. The City, at its sole option, may contract with more than
one bus operator or expand or reduce services during the term of the Agreement. Pricing shall
not be adjusted if services in the Scope of Services (Appendix A) are reduced or expanded
during the term of the Agreement.
Cost — Bus Excursion and Charter Services.
Bus Excursions and Charter Services -
Cost Per Hour
Five (5)Hour
Cost
Each Additional
Hour
Year
$71.40 with 5 hr min
$357.00
$51.00
2014
$72.83 with 5 hr min
$364.14
$52.02
2015
$74.29 with 5 hr min
1 $371.42
$53.06
2016
The undersigned understands that any conditions placed on the items stated above,
clarification made to the above, or information submitted on or with this form (other than
that requested) shall render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish all necessary
certificates.
PROPOSER: . `,c'lool ,)cervices
CONTACT: Ju(iith Crawford
TITLE: Chief Financial Officer and Treasurer
ADDRESS: 4300 - Wear'PaFkWa
TELEPHONE:�ffi�e EMAIL•��i����,,,r;�„�io.presscorp.co
SIGNATURE:_ �� C .t • TITLE: CHIEF FI NANO ALQFr-iC IZ
cif V f:-1) 1Xe 11S r R
230
ADDENDA
Proposer must fill in number and date of all addenda or enter the word "none", if
appropriate.
The following addenda are acknowledged and attached:
NO. DATED NO. DATED
DA)Z
231
APPENDIX C
PROPOSER REFERENCE FORMS - PARTS I AND II
PART I
GENERAL INFORMATION:
1. NAME Durham School Services
2. Proposer is a: (circle one)
Corporation / artnership Association / Sole Proprietorship
3. Proposer's address and Telephone Number:
4300 Weaver Parkway
Warrenville, IL 60555
(630)821-5400
4. Name, Title, Telephone Number, and Email Address of Proposer's Authorized
Representative:
Robert Ramsdell, Chief Operating Officer
630) 821-5400
bramsdell@durhamschoolservices.com
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 *Please see our list of Credit References in Tab 6
U
A
232
PART II
Client List for Transportation Services Currently and/or Previously Provided:
1. Client Name: Conejo Valley Unified School District
Client Address: 1400 East Janss Road
Thousand Oaks, CA 91362
Contact Person: Janet Boland
Telephone Number: (805) 497-9511, ext. 207
Period of Service: 2002 to present
2. Client Name: City of Westlake
Client Address: 31200 Oak Crest Drive
Westlake Village, CA 91630
Contact Person: Brianne Anderson
Telephone Number: _(818) 706-1613
Period of Service: 2001- present
3. Client Name:
Moorpark Unified School District
Client Address:
5297 Maureen Lane
Moorpark, CA 93021
Contact Person:
Joy Barrera
Telephone Number: (805) 378-6344
Period of Service:
2011 to present
233
APPENDIX D
VEHICLE IDENTIFICATION FORMS - PARTS I and II
PART I - VEHICLE INFORMATION (NEW VEHICLES)
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle
2. Vehicle Mileage
3. Vehicle Type/Model/Manufacturer
4. Date of Manufacture
5. Passenger Seating Capacity
6. Gross Vehicle Weight Rating
7. Engine/Transmission Type
8. Overall Length
9. Exterior Width
10. Interior Height
11. Aisle Width
12. Step Height from Ground
13. Destination Signs (Describe Location and Functions):
14. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
If any used vehicles are proposed, complete Part II of this form.
234
APPENDIX D (continued)
PART II - STATEMENT OF CONDITION FOR USED VEHICLES
If used vehicles are proposed for use in this project, this form shall be completed for
each vehicle proposed. Proposer must submit photographs of vehicle exteriors and
depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Primary
2. Vehicle Type/Model/Manufacturer Transit/Thomas Built
3. Date of Manufacture 07/2012
4.
Passenger Seating Capacity
83 passengers
5.
Gross Vehicle Weight Rating
36,200 (GVWR)
6.
Engine/Transmission Type
Cummings (engine)/Allison (transmission)
7.
Vehicle Length and Exterior Width
40 ft. x 8 1/2 ft.
B.
Interior Height and Aisle Width
6'4" / 14 inches
9.
Step Height from Ground
13 1/2 inches
10. Destination Signs (Describe Location and Functions):
N/A
11. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
N/A
235
12. Total Accumulated Vehicle Mileage: 33,955 miles
Date of Odometer Reading: 03/20/2014
13. Number of Miles and Hours on Engine and Transmission Since Last Overhaul:
N/A
_ h
14. Tire Condition: (circle one ew Used Recapped
Comments:
236
APPENDIX D (continued)
PART II - STATEMENT OF CONDITION FOR USED VEHICLES
If used vehicles are proposed for use in this project, this form shall be completed for
each vehicle proposed. Proposer must submit photographs of vehicle exteriors and
depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Primary
2. Vehicle Type/Model/Manufacturer Transit/International
3. Date of Manufacture 05/2013
4. Passenger Seating Capacity
5. Gross Vehicle Weight Rating
6. Engine/Transmission Type
7. Vehicle Length and Exterior Width
8. Interior Height and Aisle Width
9. Step Height from Ground
82 passengers
33,000 (GVWR)
International (engine)/Allison (transmission)
40 ft. x 8 1/2 ft.
65" / 14 inches
15 inches
10. Destination Signs (Describe Location and Functions):
N/A
11. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
N/A
237
12. Total Accumulated Vehicle Mileage: 12,384 miles
Date of Odometer Reading: 03/20/2014
13. Number of Miles and Hours on Engine and Transmission Since Last Overhaul:
N/A
14. Tire Condition: (circle one) New Used Recapped
Comments:
APPENDIX D (continued)
PART 11 - STATEMENT OF CONDITION FOR USED VEHICLES
If used vehicles are proposed for use in this project, this form shall be completed for
each vehicle proposed. Proposer must submit photographs of vehicle exteriors and
depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle
Back-up
2. Vehicle Type/Model/Manufacturer
Transit/Thomas Built
3. Date of Manufacture
10/1998
4. Passenger Seating Capacity
84 passengers
5. Gross Vehicle Weight Rating
33,000 (GVWR)
6. Engine/Transmission Type
Catapilar (engine)/Allison (transmission)
7. Vehicle Length and Exterior Width
40 ft. x 8 1/2 ft.
8. Interior Height and Aisle Width
6'5"/15 inches
9. Step Height from Ground
13 1/2 inches
10. Destination Signs (Describe Location and Functions):
N/A
11. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
N/A
239
12. Total Accumulated Vehicle Mileage: 51,293 miles
Date of Odometer Reading: 03/20/2014
13. Number of Miles and Hours on Engine and Transmission Since Last Overhaul:
N/A
14. Tire Condition: (circle one) New Used Recapped
Comments: Front Rear
240
APPENDIX D (continued)
PART II - STATEMENT OF CONDITION FOR USED VEHICLES
If used vehicles are proposed for use in this project, this form shall be completed for
each vehicle proposed. Proposer must submit photographs of vehicle exteriors and
depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Back-up
2. Vehicle Type/Model/Manufacturer Transit/Thomas Built
3. Date of Manufacture 06/2005
4. Passenger Seating Capacity 78 passengers
5. Gross Vehicle Weight Rating 40,000 (GVWR)
6. Engine/Transmission Type Catapilar (engine) / Allison (transmission)
7. Vehicle Length and Exterior Width 36 ft. x 8 1/2 ft.
8. Interior Height and Aisle Width 6'5" / 15 inches
9. Step Height from Ground 13 1/2 inches
10. Destination Signs (Describe Location and Functions):
N/A
11. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
N/A
241
12. Total Accumulated Vehicle Mileage: 145,601 miles
Date of Odometer Reading: 03/20/2014
13. Number of Miles and Hours on Engine and Transmission Since Last Overhaul:
N/A
14. Tire Condition: (circle one) New Used Recapped
Comments: ront
242
APPENDIX E
LIST OF SUBCONTRACTORS
(FILE IF APPLICABLE)
Name of Subcontractor Address/Phone Items of Work
*This is not applicable. Durham will not be using Subcontractors.
243
APPENDIX F
MOORPARK CITY TRANSIT RULES
1. No eating, drinking, smoking, loud noise, or animals (other than service animals)
are permitted in the vehicles.
2. Passengers must have exact change.
3. California Civil Code Section 2186 and California Penal Code Section 640 shall
be enforced.
MOORPARK BEACH BUS SPECIFIC RULES
1. All materials (boogie boards, back packs, coolers, or other items) must be stored
in the bus storage compartment during the trip to/from Zuma Beach.
2. Passengers must use the correct return trip from Zuma Beach. Passengers on
Trip 1 to Zuma Beach must use Trip 3 to return to Moorpark. Passengers on Trip
2 to Zuma Beach must use Trip 4 to return to Moorpark.
244
Appendix G
CITY OF MOORPARK
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL (RFP)
FOR
BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES
JANICE PARVIN, MAYOR
ROSEANN MIKOS PH D, COUNCILMEMBER
KEITH MILLHOUSE, COUNCILMEMBER
DAVID POLLOCK, COUCILMEMBER
MARK VAN DAM, COUNCILMEMBER
STEVEN KUENY
-CITY MANAGER -
DAVID KLOTZLE, P.E.
-CITY ENGINEER/PUBLIC WORKS DIRECTOR -
March 6, 2014
Proposal Submission Deadline:
April 3, 2014
Proposals are due by 3:00 p.m.
245
NOTICE INVITING REQUESTS FOR PROPOSAL
FOR
BUS EXCURSIONS AND CHARTER BUS TRANSIT SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark (City) as Agency, invites
sealed bids for the above stated project and will receive such bids in the Public Works
Department, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:00
p.m. on April 3, 2014.
The purpose of this invitation is to solicit proposals for Bus Excursions and Charter Bus
Transit Services.
Proposals shall be prepared on the approved Proposal Forms in conformance with the
Instructions to Bidders and submitted (one original and one copy) in a sealed envelope
plainly marked on the outside, "BUS EXCURSIONS AND CHARTER BUS TRANSIT
SERVICES — DO NOT OPEN WITH REGULAR MAIL". The City of Moorpark City
Council reserves the right to waive any informalities or irregularities in any proposal
submitted, to reject any or all proposals,
contractor for one or more of the RFP item
days while the City reviews.
Hardcopy to:
City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
and to award agreements to one or more
s. Proposals will remain valid for ninety (90)
Documents are to be double sided and printed on recycled content paper
(minimum of 30% post -consumer recycled content).
Proposals may be hand delivered to the City receptionist at 799 Moorpark
Avenue.
This Request for Proposal (RFP) does not commit the City to award an Agreement, nor
pay for any costs incurred in the preparation of a proposal for this request. The City
reserves the right to accept or reject any or all proposals received as a result of this
RFP, to negotiate with any qualified firm or to modify or cancel in part or in its entirety
the RFP if it is in the best interests of the City to do so.
Bid Packets and Proposal Forms may be picked up at Moorpark City Hall, 799
Moorpark Avenue, or mailed upon request.
2
246
All questions relating to this RFP should be addressed in writing (E-mail is acceptable)
to:
City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
skroes@moorparkca.gov
The deadline for questions is March 25, 2014, at 4:00 p.m. All questions will be
recorded and submitted, with answers, to all known Proposers by 5:00 p.m., March 25,
2014.
3
247
TABLE OF CONTENTS
PAGE
Introduction......................................................................................... 5
II. Services to be Performed.......................................................................5
A. Moorpark Beach Bus
B. Camp Moorpark & Adventure Camp
C. Active Adult Center
III. Proposal Content/Format.......................................................................6
IV. Proposal Evaluation and Selection..........................................................6
V. General Proposal Terms and Conditions.................................................7
A. Agreement Requirement
B. Communications Regarding RFP
C. Modification or Withdrawal of Submittals
D. Property Rights
E. Confidentiality
F. Non -Commitment of City
G. Insurance Endorsement
H. Subcontractor Approval
VI. Proposal Checklist...............................................................................9
APPENDIXES
A. Scope of Services
B. Proposal Cost Form and Addenda
C. Proposer Reference Forms — Parts I and II
D. Vehicle Identification Forms — Parts I and II
E. List of Subcontractors
F. Moorpark City Transit Rules
G. Agreement
Attachments:
1. Documentation of Insurance Coverage Requirements
1A. Sample Endorsement
1 B. Sample Endorsement Waiver of Subrogation
4
248
Introduction
This RFP seeks proposals from qualified firms for bus excursion and charter bus
services, including, but not limited to: the Moorpark Summer Beach Bus, winter spring
and summer camps (Camp Moorpark and Adventure Camp), and Active Adult Center
charters. It is anticipated that all services will be day trips, typically five to ten hours in
duration. Most, but not all of the activities will occur between June and August of each
year, during the traditional school summer break. In recent years, the City has
contracted for about 800 to 900 hours of excursion and charter services per year.
Basic level of service consists of one contractor -provided bus for each excursion or
charter event, and being able to provide additional buses due to increased demand or
mechanical break down. A recent model school bus that is ADA compliant could meet
the requirements of this RFP for excursion services.
Operations of the transportation services contemplated by this RFP shall be conducted
in accordance with the terms and conditions contained herein, in the Scope of Services
(Appendix A), the Agreement (Appendix G) and other documents, laws and regulations
governing this project.
II. Services to be Performed
Proposals shall be for providing dispatchers, vehicles, and drivers for various bus
excursions and for operating and maintaining sufficient vehicles and backup vehicles to
ensure uninterrupted service.
Operation Services
A. Moorpark Beach Bus - The Moorpark Beach Bus operates from 9:00 a.m. to 6:30
p.m. for approximately ten (10) to twelve (12) weeks from mid-June to mid-
August. The current intent of the City is to offer this service on Tuesdays,
Wednesdays, and Thursdays. The public transportation service included in this
Scope of Service consists of a single vehicle service for the City with eight (8) to
ten (10) revenue hours per day. A school bus is usually adequate for this
service. Contractor shall provide service between various stops in the City and a
beach destination, such as Zuma County Beach in Malibu. This shall be an
unsupervised public transit service. One vehicle shall make two (2) or more
round trips each day of service in accordance with a published schedule.
Schedule adherence is important for this service.
The City shall determine and set fares. Contractor shall charge passengers
exactly as specified unless notified by the City that there will be a deviation from
regular fares.
B. Camp Moorpark & Adventure Camp - Camp Moorpark and Adventure Camp are
summer recreation programs that typically require one or two (1 - 2) buses
5
249
Monday through Friday for a ten (10) to eleven (11) week period from June
through August. Trips are taken by children ages 5-14. Trip destinations include
locations in Ventura, Los Angeles, and Santa Barbara counties. This is a
subscription service. Passengers register in advance with the City. Passengers
are supervised by City staff. The number of passengers can be up to seventy
(70) children and fourteen (14) staff.
C. Active Adult Center - Transportation from the Moorpark Active Adult Center to a
local attraction such as a museum or event site, typically within seventy-five (75)
miles of Moorpark, and not usually exceeding ten hours from beginning to end.
The City, at its sole option, may contract with more than one bus operator or expand or
reduce services during the term of the Agreement. Proposers are encouraged to review
the Scope of Service (Appendix A) and Agreement (Appendix G) for more information
regarding operation of services. City may cancel a trip with twenty-four (24) hours
notice with no payment or penalty.
III. Proposal Content/Format
Prospective contractors shall submit a proposal with the required Proposal Cost Form
and Addenda (Appendix B); Proposer Reference Forms — Parts 1 and II (Appendix
C); Vehicle Identification Forms — Parts I and II (Appendix D); List of
Subcontractors (Appendix E, if applicable); Required Documentation of Insurance
Coverage (Attachment 1), Including Sample General Liability Endorsement
(Attachment 1A) and Sample Waiver of Transfer of Rights of Recovery Against
Others to Us (Attachment 1 B); The proposal should be provided in a sealed envelope
and marked on the outside of the envelope "BUS EXCURSIONS AND CHARTER BUS
TRANSIT SERVICES — DO NOT OPEN WITH REGULAR MAIL" - with the name of the
firm. Provide one (1) original and one (1) copy.
Submit proposal to: City of Moorpark
Public Works Department
Attn: Shaun Kroes
799 Moorpark Avenue
Moorpark, CA 93021
PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON
APRIL 3, 2014.
IV. Proposal Evaluation and Selection
The Proposal Cost Forms, Proposer Reference Forms, Vehicle Identification Forms,
and Required Documentation of Insurance Coverage, must be sealed and received by
the City up to the hour of 3:00 p.m. on the 3rd day of April, 2014. Proposals received
after the time and date specified above will not be considered and will be returned
unopened.
6
250
All proposals received shall be evaluated with the emphasis placed on:
1. The proposing firm's ability to meet City requirements.
2. The responsiveness of the proposal.
3. The quality of the equipment quoted for the required cost.
4. Other factors such as the ability to meet service dates and the general
competence of the Proposer.
5. Cost shall be evaluated in relation to other qualified Proposers. The City
need not select the lowest Proposer, but may choose according to the lowest
qualified proposal in the best interest of the City.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective Contractor shall be rejected.
The Proposer is advised that should this RFP result in recommendation for award of an
Agreement, the Agreement shall not be in force until it is approved and fully executed by
the City.
All products used or developed in the execution of any Agreement resulting from this
RFP shall remain in the public domain at the completion of the Agreement.
Compensation under any Agreement resulting from this RFP shall be on a time and
expense basis at rates stated in the cost forms.
A sample of the proposed Agreement is attached herein as Appendix G. 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 Appendix G. Any exceptions, concerns, or
requests to modify the Agreement must be provided in writing and submitted with
the Contractor's proposal. The Contractor warrants that it possesses, or has
arranged through subcontracts, all capital and other equipment, labor and
materials to carry out and complete the work hereunder in compliance with all
applicable federal, state, county, and City laws, ordinances, statutes and
regulations.
7
251
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 Project 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 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
March 25, 2014, 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 - Contractor's attention is directed to Attachment 1A
"Sample Endorsement". The City requires Contractor to endorse the third party
general liability coverage required per Attachment 1 to include as additional
insureds the City, its officials, employees and agents, using standard ISO
endorsement CG 20 10 with an edition prior to 1992. The required endorsement
form is the CG 20 10 11 85 or equivalent. Contractor's attention is also directed
to Attachment 1B "Waiver of Transfer of Rights of Recovery Against Others to
Us". All insurance coverage maintained or procured pursuant to this Agreement
8
252
shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor is
required to submit its insurance company's sample endorsement certificates to
demonstrate that it is aware and able to provide the required certificates if
awarded the Agreement.
H. Subcontractor Approval - Unless prior written consent from the City is obtained,
only those subcontractors whose names appear in Contractor's proposal
(provided in Appendix E) shall be used in the performance of this Agreement.
VI. Proposal Checklist
All of the following items must be included in the submitted proposal in order to be
considered complete. Proposer may include additional materials as necessary.
Proposer should submit one (1) original proposal and one (1) copy. The proposal must
include the following:
1. Proposal Cost Form and Addenda (Appendix B )
2. Proposer Reference Forms — Parts I and II (Appendix C)
3. Vehicle Identification Forms — Parts I and II (Appendix D)
4. List of Subcontractors (if applicable) (Appendix E)
5. Required documentation of insurance coverage (Attachment 1) — Including Sample
General Liability Endorsement (Attachment 1A) and Sample Waiver of Transfer of
Rights of Recovery Against Others to Us (Attachment 1 B)
6. Proposer Supplied Additional Information
9
253
APPENDIXES
APPENDIX A - SCOPE OF SERVICES
APPENDIX B - PROPOSAL COST FORM AND ADDENDA
APPENDIX C - PROPOSER REFERENCE FORMS - PARTS I AND II
APPENDIX D - VEHICLE IDENTIFICATION FORMS - PARTS I AND II
APPENDIX E - LIST OF SUBCONTRACTORS (FILE IF APPLICABLE)
APPENDIX F - MOORPARK CITY TRANSIT RULES
APPENDIX G - AGREEMENT
ATTACHMENTS:
1. DOCUMENTATION OF INSURANCE COVERAGE REQUIREMENTS
1A. SAMPLE ENDORSEMENT
1B. SAMPLE ENDORSEMENT WAIVER OF SUBROGATION
10
254
RFP Appendixes A — F (pages 11 — 27 of the RFP) have been removed so as not to be
duplicative of Appendixes A — F in Durham School Services' Agreement
RFP Appendix G (pages 28 — 35 of the RFP) has been removed so as not be
duplicative of the Durham School Services' Agreement
RFP Attachment 1 (pages 36 — 40 of the RFP) has been replaced with Attachment 1 of
Durham School Services' Agreement
255
ATTACHMENT 1
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $5,000,000 per occurrence for all covered losses and no less than
$10,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state -approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease. Contractor shall submit to City, along with the certificate of insurance, a waiver
of subrogation endorsement in favor of City, its officers, agents, employees and
volunteers.
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
256
insurance as required herein. Limits are subject to review but in no event less than
$10,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. General liability policies shall provide or be endorsed to provide that City and its
officers, officials, employees, and agents shall be additional insureds under such
policies. This provision shall also apply to any excess liability policies.
Contractor agrees to have its insurer endorse the third party general liability
coverage required herein using standard ISO endorsement CG 2010 with an
edition prior to 1992 or other endorsement form that City considers equivalent.
Contractor also agrees to require all contractors and subcontractors to do
likewise.
2. All insurance coverage maintained or procured pursuant to this Agreement shall
be endorsed to waive subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers or shall specifically allow Contractor
or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own
right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subcontractors.
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.
Bus Excursion and Charter Services — Insurance Requirements
Page 2
257
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 or supplemental 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 reduction or cancellation 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 imposes no obligation,
or that any party will "endeavor" (as opposed to being required) to comply with
the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with
subcontractors and others engaged in the Work will be submitted to the City for
review.
11. Contractor agrees not to self -insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self -insure its obligations to the City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
Bus Excursion and Charter Services — Insurance Requirements
Page 3
258
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
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.
Bus Excursion and Charter Services — Insurance Requirements
Page 4
PA61%
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.
Bus Excursion and Charter Services — Insurance Requirements
Page 5
260