HomeMy WebLinkAboutAGENDA REPORT 2009 0603 CC REG ITEM 09F ITEM 9.F.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
Prepared by: Shaun Kroes, Senior Management Analyst
DATE: May 21, 2009 (CC meeting of 06/03/09)
SUBJECT: Consider the Selection of a Contractor to Provide Dial-A-Ride
Paratransit Services
SUMMARY
The City Council is being asked to consider awarding a three-year Agreement with two,
one-year extensions for Dial-A-Ride Paratransit Services to Nationwide Transit Co.
(Nationwide). A copy of the Request for Proposal (RFP) and proposals from MV
Transportation Inc. (MV) and Nationwide Transit Co. are provided in the Large Conference
Room. Electronic versions of the documents can be provided upon request.
BACKGROUND
The City contracts for Senior Dial-A-Ride (DAR) and ADA Paratransit services. The Senior
DAR program is a curb-to-curb transportation service for Moorpark residents aged 62 and
older. The rider pays $1.50 per trip for travel within the city. The ADA Paratransit service
provides curb-to-curb transportation within the city for $1.50 per trip for any Moorpark
resident with a valid American with Disabilities Act (ADA) card, issued by the Ventura
County Transportation Commission. The Paratransit service also provides trips to and
from Thousand Oaks and the Los Angeles County transfer point for$3.00 per trip. Travel
to and from Camarillo and Oak Park is$4.50 per trip. The City also provides travel to Simi
Valley via transfer points for$3.00 per trip. Since July 2004, the City has contracted with
MV for Dial-A-Ride Paratransit services, and the current Agreement expires on June 30,
2009.
On October 15, 2008 City Council approved a RFP to provide Dial-A-Ride Paratransit
services. Six companies requested an RFP. On April 2, 2009, two companies, MV and
Nationwide submitted an RFP for consideration. Staff reviewed both RFPs and arranged
for an interview panel with representatives from both companies on April 22, 2009.
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Honorable City Council
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Moorpark's interview panel consisted of Dave Klotzle, Assistant City Engineer, Roger Blais,
Parks and Landscape Manager and Shaun Kroes, Senior Management Analyst. Both
companies were provided 15 minutes to present their proposal.and company overview,
followed by a 30 minute question/answer period from Moorpark's interview panel.
The following represents the results of the interviews:
Table 1: Company Evaluation
MV Transportation Nationwide Transit
Vendor
Presentation 15 11
15 Possible
Response to
Questions 35 31
35 Possible
Cost Proposal 10 25
25 possible)
Impression of
Proposal 15 10
15 Possible
Overall
Impression 10 7
10 Possible
Total Score 85 84
100 Possible
DISCUSSION
Both MV and Nationwide received similar scores. MV is also Moorpark's current
Paratransit provider and has recently purchased a new vehicle for its fleet and has
mentioned it intends on purchasing another new vehicle if it were to continue providing
Paratransit services for Moorpark. However, MV's Cost Proposal was significantly higher
than Moorpark's current Agreement. It is also significantly higher than Nationwide's Cost
Proposal. When asked about the large rate increase, MV staff responded that the pricing
they provided was necessary in order for their service to be profitable. Table 2 provides a
cost comparison.
Table 2: Cost Proposal Com arison
Current Fee MV Percent Nationwide Percent
Transportation Difference Transit Difference
Per Trip Fee $2.03 $18.16 794% $2.00 1.5%
Per Mile 4%26 29
52 $3
$2 . . °
Fee $2.20 (12.7/°)
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Nationwide provides services in Ventura County for R&D Transportation, Ventura County
Medical Center and Ventura County in the Oak Park area, though ADA passengers in Oak
Park receive service from MV through the City of Thousand Oaks. Nationwide provided
supplemental DAR services for the City of Camarillo from 2001 until 2008, when they were
outbid by another company. All of Nationwide's references (R & D Transportation, City of
Camarillo,Ventura County Medical Center and Ventura County) provided positive feedback
about their service experience with Nationwide and stated that if problems did occur, staff
at Nationwide was quick to respond. Many of the scoring criteria in the City's evaluation
method are subjective. The argument could be made that although Nationwide's
presentation was weaker when compared to MV, Nationwide's overall performance could
be good, considering the positive feedback staff received from its references.
The City of Thousand Oaks has awarded its fixed transit and Paratransit services contract
to MV, at an annual increase in cost of 48.9% (from $1,065,000 to $1,585,771). The City
of Thousand Oaks operates its Paratransit service at an hourly rate instead of a per-trip
and per-mile rate due to its service demands. Moorpark's service demands are still small
enough that the per-mile and per-trip system appears to be more economical. MV also
provides Paratransit services for Gold Coast Transit's Access program. Traditionally,
Moorpark has utilized the same contractor as Thousand Oaks. MV has improved its level
of service in the past few months after some passengers complained about their service in
the fall and winter of 2008. As mentioned previously, MV also purchased and began using
a new vehicle for some trips in Moorpark and has mentioned that it intends on purchasing
another new vehicle if it continues to provide service for Moorpark. However, the
significant increase in MV's pricing is cost prohibitive for the City of Moorpark at this time.
For example, at the rates provided by MV, it is anticipated that the annual cost to Moorpark
would be$122,000, or nearly two-thirds that of the City's FY 09/10 fixed-transit operations
expense ($183,000). Paratransit services in Moorpark have traditionally cost between
$60,000 and $75,000 per year.
FISCAL IMPACT
The FY 2009/10 budget will include a request for$72,000 for Paratransit services, which
should fully fund the program if Nationwide is selected as the service provider.
STAFF RECOMMENDATIONS
1. Approve the selection of Nationwide Transit Co. to provide Dial-A-Ride Paratransit
services for Moorpark City Transit.
2. Authorize City Manager to sign the Agreement, subject to final language approval of
City Manager and City Attorney.
Attachment:
1. Agreement
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND NATIONWIDE TRANSIT
CO. FOR PROVIDING DIAL-A-RIDE PARATRANSIT 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 Nationwide Transit Co.,
hereinafter referred to as "Contractor".
WITNESSETH
The Parties hereto do agree as follows-
1. Term — The term of this Agreement shall be from July 1, 2009, and will continue
in effect until the completion of the project on June 30, 2012, unless sooner
terminated as provided hereinafter.
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 days
prior to the end of this Agreement.
2.1 Incorporation by Reference — The Request for Proposal and all Appendixes
thereof are hereby incorporated in and made part of this Agreement as
Attachment 5 and the Contractor's Proposal is hereby incorporated in and made
a part of this Agreement as Attachment 6.
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
(Attachment 5), then to the language of the Contractor's Proposal (Attachment
6), and then to the other Agreement Documents in the order above set forth.
2.3 Entire Agreement — This Agreement supersedes any and all other agreements,
either oral or written, between the parties hereto with respect to the rendering of
services by Contractor to the City, and contains all of the covenants and
agreements between the parties with respect to the rendering of 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
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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 — "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, a secondary vehicle for overflow ("tripper
van"; an additional wheelchair accessible vehicle); and a back up 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 the Scope of Services Appendix A.
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
Appendix B without additional written authorization by the City. Services will be
billed in accordance with Contractor's proposal as it is accepted by the City. The
City will 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.
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 should be accompanied with attachments specified in the Scope of
Services Appendix A. The City agrees to pay the amount due to the Contractor
within 35 days following the receipt of said invoice. The above rates to be paid to
the Contractor may be adjusted as of the first day of July, 2011 and each July
first thereafter, in accordance with the Cost Proposal Form submitted by the
Contractor, if the City exercises its option to extend the Agreement.
5. Liquidated Damages — The City reserves the right to assess Liquidated Damages
as specified in Attachment 2.
6. Federal Transit Administration (FTA) — Contractor shall comply with all FTA
Requirements as specified in Attachment 3.
7. 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.
8.1 Contractor's Obligations — For and in consideration of the payments and
agreements herein before mentioned to be made and performed by City,
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Contractor agrees with City to provide services as specified and to do everything
required by this Agreement, the said Request for Proposal and all 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.
8.2 Background Checks — Contractor must be registered with the Department of
Justice as a Human Resources Agency. Contractor shall perform background
checks on drivers utilizing a vendor such as Live Scan to ensure that no drivers
with inappropriate backgrounds are employed to provide services under this
Agreement. Drivers shall have no felony conviction history. Drivers shall not
have more than two (2) moving violations in the past five (5) years and no Driving
While Intoxicated/Driving Under the Influence convictions within the last seven
(7) years.
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.
10.1 Indemnification for Other Than Professional Liability — Other than in the
performance of professional services and to the full extent permitted by law,
Contractor shall indemnify, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual,
alleged or threatened, including attorneys' fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Contractor or by an individual or entity for
which Contractor is legally liable, including but not limited to officers, agents,
employees or subconsultants of Contractor.
10.2 General Indemnification Provisions — Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here 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
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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 these sections, hereof, because of the acceptance by City or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement. This hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost or expense
described in these sections hereof.
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,
attached to and made part of this Agreement.
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.
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 — This Agreement, or portions thereof, may be terminated or
canceled in any one of the following manners:
1) By mutual agreement of the parties,
2) Upon thirty (30) days written notice by either party, with or without cause, or
3) If in the sole subjective judgment of City at any time or times after the
commencement of the term of this Agreement, Contractor fails to perform the
services required of it or fails to perform such services in accordance with the
terms hereof, 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.
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
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property of City. Any word processing computer files provided to City shall use
Microsoft Word for Windows software.
16. Assign ment/Successors — Contractor shall not assign this Agreement, or any of
the rights, duties or obligations hereunder. It is understood and acknowledged
by the parties that the Contractor is uniquely qualified to perform the 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 reasonable 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 will not engage in, nor permit such subcontractors as it
may employ 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 will 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
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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.
25. Captions and Headings — The captions and headings of the various Articles 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 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: Steven Kueny
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Contractor: Masood Babaeian
CEO/President
Nationwide Transit Co.
83 N. Dawson Dr.
Camarillo, CA 93012
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 Masood Babaeian, or his
designee.
The City Manager, or his 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
which increase the Scope of Services or change Contractor's compensation.
29. Conflicts of Interest — Contractor agrees not to work for any private firm located
within the City limits or its Area of Interest, or for any public agency where its
jurisdiction includes all or part of the City without the prior written consent of the
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City, during the term of this Agreement. Further, Contractor agrees to limit its
actions related to economic interest and potential or real conflicts of interest as
such as defined by applicable State law to the same standards and requirements
for designated City employees.
30. Labor Code Sections 1070 — 1074 — California Labor Code sections 1070 — 1074
apply to the Contractor as specified in Attachment 4.
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
Deborah S. Traffenstedt, City Clerk
CONTRACTOR
Masood Babaeian, CEO/President
Date:
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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 $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella policy shall include a drop
down provision providing primary coverage above a maximum $25,000 self-insured
retention for liabilities not covered by primary but covered by umbrella. 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
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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 $10,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor-
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees and agents, using standard ISO endorsement CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
to subrogation prior to a loss_ Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City's protection without the
City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any
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insurance is not delivered as required, or in the event such insurance is canceled
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 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
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.
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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. As coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
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Page 5
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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ATTACHMENT 2
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 trip route modifications if required.
Contractor shall strive at all times to provide service in a manner which will ensure
responsive service to transit customers, while at the same time maximizing service
reliability and safety. In order to identify key areas of concern to the City, various
performance_ standards are described below for which liquidated damage fines may be
assessed when service falls below the standard.
It is agreed any breach of this agreement by Contractor could result in substantial
damages and injury to the public and City in amounts which are difficult to ascertain with
specificity at this time. Therefore, certain dollar amounts are established here for the
identified standards. Liquidated damages will be waived if due to manufacturer defect
existing in a vehicle.
Measure Standard Penalty
Service start-up Service will commence on $200 every calendar day service
July 1, 2009. is delayed due to the Contractor
Service will be provided at all
Service failure times during the term of this $200 every calendar day service
Agreement, except where is delayed due to the Contractor
noted.
Driver Driver in City-approved $75 per occurrence of failing to
appearance uniform. be in proper uniform.
Replacement of Replacement of the assigned $1,000 if Project Manager is
key management project manager. replaced, without 30-day prior
staff notice in writing to the City.
Submission of Reports received by 15th of Payment withheld until reports
monthly reports the following month. received.
Satisfactory California
Highway Patrol Vehicle and $200 for each vehicle which fails
Safety Terminal Inspection of inspection
Contractor provided vehicles
and facilit .
The incidence of City-verified
service complaints will be no Should verifiable service
Complaints complaints exceed 3 per month,
greater than three (3) per
c $75 per month.
calendar month
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Penalty Measure Standard
Reservation 15 minutes before and up to If more than 10% of trips during a
On-time 15 minutes after the quarter are late, $75 per quarter.
performance scheduled pick-up time.
Missed trips More than 60 minutes late or $75 per occurrence.
failure to pick up.
Breakdown shall not exceed $200 if breakdowns exceed 5%
Vehicle 5% of the total trips of total trips scheduled in a
breakdowns and scheduled during each quarter.
availability of quarter.
back-up vehicles Back-up vehicle must be $75 per day when a back-up
available at all times. vehicle is not available.
The Contractor agrees that any of the above defaults will result in damage and injury to the
City. Additional verifiable complaints against the Contractor may occur that are not
listed above. The City may, at its sole option, notwithstanding other rights and
remedies, assess the Contractor liquidated damages at the hourly rate of $200.00 per
hour and the same rate for each fraction of an hour rounding up to the nearest quarter
hour, to compensate the City for staff time spent investigating the complaint until time
that complaint is remedied. Said assessment shall be deducted from any payments due
or to become due to Contractor under the terms of the Agreement. No payment by City
shall be construed as a waiver of City's right to deduct the assessment and the
assessment may be deducted from any subsequent payment.
Force Majeure
Contractor shall be excused from performance hereunder during the time and to the extent
that it is prevented from performing in the customary manner by an act of God, 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. Contractor shall maintain on-time
performance in accordance with federal Paratransit standards. City reserves the right to
monitor on-time performance.
54
ATTACHMENT 3
FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS
1. Medical/Drug/Alcohol Testinq
The Contractor shall require pre-employment medical examinations, - including drug
testing, for all prospective drivers and other safety sensitive employees of the
Contractor. In addition, for any prospective employee who held prior safety-sensitive
positions for another United States Department of Transportation (USDOT)-funded
employer, the Contractor shall, after obtaining the required permission, check with those
previous employers for any prior positive test results. Additionally, the Contractor must
have an anti-drug program established for employees under the Congressionally
Mandated Drug-Free Workplace Act.
The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace
Act of 1988, the Omnibus Transportation Employee Testing Act of 1991, and 49 CFR
Parts 653 & 654 regarding Drug and Alcohol Testing, and the Federal Transit
Administration Drug and Alcohol testing requirements. The required testing includes
pre-employment testing, testing after an accident, testing when there is reasonable
suspicion, random testing, and testing before returning to duty to perform sensitive
safety functions after a positive drug test.
2. Audit and Inspection
The Contractor shall permit the authorized representatives of the City, the Ventura
County Transportation Commission (VCTC), the USDOT and the Controller General of
the United States to inspect and audit all data and records of the Contractor relating to
its performance under this Agreement.
The Contractor also shall agree to maintain all required records relating to this project
for at least three (3) years after the City makes final payment and all other pending
matters are closed.
3. Disadvantaged Business Enterprise (DBE)
A DBE is a business owned and controlled by one or more socially and economically
disadvantaged individuals_ For the purpose of definition, DBE means an enterprise with
control by an individual or individuals who is/are Female, Black American, Hispanic
American, Asian Pacific American, Asian Indian American or Native American, and
other minorities or individuals found to be disadvantaged by the Small Business
Administration pursuant to Section 8(a) of the Small Business Act, as further described
in FTA Circular C4716.1A.
Owned and controlled means a business which is: (1) A sole proprietorship legitimately
owned by a socially and economically disadvantaged individual; (2) A partnership or
joint venture controlled by socially and economically disadvantaged individuals, and in
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Page 2
which at least fifty-one percent (51%) of the beneficial ownership interests legitimately
are held by socially and economically disadvantaged individuals; or (3) A corporation or
other entity controlled by socially and economically disadvantaged individuals, in which
at least fifty-one percent (51%) of the voting interests legitimately are held by socially
and economically disadvantaged individuals.
In connection with the performance of this Agreement, the Contractor shall cooperate
with the VCTC in meeting commitments and goals with regard to the maximum
utilization of DBE and will use its best efforts to ensure that DBE shall have the
maximum practicable opportunity to compete for subcontract work under this Contract.
Contractor shall submit with proposal certification of the actual percentage of DBE
utilization for this project.
4. Interest Of Members Of Congress
No member of or delegate of the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefit arising therefrom.
5. Equal Employment Opportunity
A) In connection with the execution of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of age,
religion, color, sex, sexual orientation national origin, marital status, or any disability
not limiting the ability of the person to perform the job contemplated. The
Contractor shall take affirmative action to ensure that applicants are employed, and
that employees are treated during their employment, without regard to their age,
race, religion, color, sex, sexual orientation, national origin, marital status, or any
disability not limiting the ability of the person to perform the job contemplated. Such
actions shall include, but not be limited to the following: Employment, up-grading,
demotion, or transfer; recruitment, or recruitment advertising; layoff, or termination;
rates of pay, or other forms of compensation; and selection for training, including
apprenticeship. Such shall be in compliance with Executive Order 11246 amended
by Executive Order 11375 and as supplemented in United States Department of
Labor (USDOL) regulations (41 CFR, Part 60).
B) In connection with the execution of this Agreement, the Contractor must comply
with all aspects of the Federal Immigration and Naturalization Act of 1986.
6. Conservation
The Contractor shall recognize mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in
compliance with the federal Energy Policy and Conservation Act (42 USC, Section 6321
et seq.).
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7. Debarred Proposers
The Contractor, including any of its officers or holders of a controlling interest, is
obligated to inform the City by certificate whether or not it is or has been on any list
maintained by the United States Government as a Contractor who has been debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in any Federal contracts. Should the Contractor be included.on such a list
during the performance of this project, it shall so inform the City. Certificate pursuant to
this provision is included with Agreement as Exhibit 1.
8. Copeland Anti-Kickback Act
The Contractor shall comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this Agreement.
9. Title VI of the Civil Rights Act of 1964
During the performance of this Agreement, the Contractor, for itself, its assignees and
successors in interest agrees as follows:
A. Compliance with Regulations: The Contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the USDOT Title 49,
Part 21, as they may be amended from time to time, (Regulations), which are
herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination: The Contractor, with regard to the work performed by it during
the Agreement, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program
set forth in the Regulations. The proposal should include a statement by the
Contractor certifying its compliance with the Regulations.
C. Solicitations for Subcontractors, Includinq Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
the Contractor for work to be performed under a subcontract, including procurement
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the Contractor of the Contractor's obligations under this Agreement
and the Regulations relative to non-discrimination on the grounds of race, color, or
national origin.
D. Information and Reports: The Contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto,. and shall permit
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access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the City or the Federal Transit Administration to
be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor shall so
certify to the City ar the FTA as appropriate, and shall set forth what efforts it has
made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Contractor's noncompliance
with nondiscrimination provisions of this Agreement, the City shall impose contract
sanctions as it or the FTA may determine to be appropriate, including, but not
limited to:
1. withholding of payments to the Contractor under the Agreement until the
Contractor complies; and/or
2. cancellation, termination, or suspension of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Contractor shall include the provisions of
paragraphs "A" through "F" in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the City or the FTA may direct as a means of
enforcing such provisions including sanctions for noncompliance: provided,
however, that, in the event a Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the
Contractor may request the City, and in addition, the Contractor may request the
United States to enter into such litigation to protect the interests of the United
States.
10. Labor Provisions
A) Overtime Requirements
No Contractor or subcontractor contracting for any part of the Agreement work
which may require or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any work week in which he or she is
employed on such work to work in excess of forty hours in such work week unless
such laborer or mechanic receives compensation at a rate not less than that
required under the federal Fair Labor Standard regulations.
B) Violation; Liability for Unpaid Wages; Liquidated Damages
In the event of any violation of the clause set forth in subparagraph (b)(1) of 29 CFR
Section 5.5, the Contractor and any subcontractor responsible therefore shall be
liable for the unpaid wages. In addition, such Contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall
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be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in subparagraph
(b)(1) of 29 CFR Section 5.5. Contractor shall operate under the applicable
provisions of the Federal Fair Labor Standards regulations.
C) Withholding for Unpaid Wages and Liquidated Damages
The USDOT or the City shall upon its own action or upon written request of an
authorized representative of the USDOL, withhold or cause to be withheld, from any
monies payable on account of work performed by the Contractor or subcontractor
under any such contract or any other Federal contract with the same prime
Contractor, or any other Federally-assisted contract which is held by the same
prime Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages/liquidated damages
as provided in the clause set forth in subparagraph (b)(2) of 29 CFR Section 5.5.
D) Nonconstruction Grants
The Contractor or subcontractor shall maintain payrolls and basic payroll records
during the course of the work and shall preserve them for a period of three (3) years
from the completion of the Agreement for all laborers and mechanics, including
guards and watchmen, working on the Agreement. Such records shall contain the
name and address of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number of hours
worked, deductions made, and actual wages paid. Further, the City shall require
the contracting officer to insert in any such subcontract a clause providing that the
records to be maintained under this paragraph shall be made available by the
Contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the USDOT and the USDOL, and the Contractor or subcontractor
will permit such representatives to interview employees during working hours on the
job.
E) Subcontracts
The Contractor or subcontractor shall insert in any subcontracts the clauses forth in
subparagraph (A) through (E) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontract. The prime
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (A) through (E) of this
paragraph.
11. No Obligation by the Federal Government
(1) The City and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or
award of the underlying agreement, absent the express written consent by the
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Federal Government, the Federal Government is not a party to this agreement
and shall not be subject to any obligations or liabilities to the City, Contractor,
or any other party (whether or not a party to that agreement) pertaining to any
matter resulting from the underlying agreement.
(2) The Contractor- agrees to include the above clause in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
12. Program Fraud and False or Fraudulent Statements or Related Acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. 3801 et sec . and USDOT
regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its
actions pertaining to this Project. Upon execution of the underlying agreement,
the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying agreement or the FTA assisted project for which this
agreement work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to
be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties
of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the
extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification to the
Federal Government under a contract connected with a project that is financed
in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. 5307, the Government reserves the right to impose the
penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the
extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is
further agreed that the clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
13. Lobbying
Contractor shall file the certification required by 49 CFR 20, "New Restrictions on
Lobbying," provided in Appendix B. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a
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member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name
of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract,
grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from
tier to tier up to the recipient.
14. Incorporation of FTA Terms
The provisions in this Section (FTA Requirements) include, in part, certain Standard
Terms and Conditions required by the USDOT, whether or not expressly set forth in
the preceding provisions. All contractual provisions required by USDOT, as set forth
in FTA Circular 4220.1 D, dated April 15, 1996 as it may be amended from time to
time, are hereby incorporated in this Agreement reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Agreement. The Contractor
shall not perform any act, fail to perform any act or refuse to comply with any
requests of the City which would cause the City to be in violation of the FTA terms
and conditions.
15. Contracts Involving Federal Privacy Act Requirements
The following requirements apply to the Contractor and its employees that
administer any system of records on behalf of the Federal Government under any
contract:
(1) The Contractor agrees to comply with, and assures the compliance of its
employees with, the information restrictions and other applicable requirements
of the Privacy Act of 1974, 5 U.S.C. 552a. Among other things, the Contractor
agrees to obtain the express consent of the Federal Government before the
Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act,
apply to those individuals involved, and that failure to comply with the terms of
the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract
to administer any system of records on behalf of the Federal Government
financed in whole or in part with Federal assistance provided by FTA.
(3) The Contractor agrees to the comply with applicable transit employee
protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that
FTA determines that transit operations are involved, the Contractor agrees
to carry out the transit operations work on the underlying contract in
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compliance with terms and conditions determined by the U.S. Secretary of
Labor to be fair and equitable to protect the interests of employees
employed under this contract and to meet the employee protective
requirements of 49 U.S.C. A 5333(b), and USDOL guidelines at 29 CFR
Part 215, and any amendments thereto. These terms and conditions are
identified in the letter of certification from the USDOL to FTA applicable to
the FTA Recipient's project from which Federal assistance is provided to
support work on the underlying contract. The Contractor agrees to carry
out that work in compliance with the conditions stated in that USDOL
letter. The requirements of this subsection, however, do not apply to any
contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized
by 49 U.S.C. 5310(x)(2), or for projects for non-urbanized areas
authorized by 49 U.S.C. 5311. Alternate provisions for those projects are
set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. ' 5310(a)(2) for Elderly Individuals and Individuals with Disabilities -
If the contract involves transit operations financed in whole or in part with
Federal assistance authorized by 49 U.S.C. 5310(a)(2), and if the U.S.
Secretary of Transportation has determined or determines in the future
that the employee protective requirements of 49 U.S.C. 5333(b) are
necessary or appropriate for the state and the public body subrecipient for
which work is performed on the underlying contract, the Contractor agrees
to carry out the Project in compliance with the terms and conditions
determined by the U.S. Secretary of Labor to meet the requirements of 49
U.S.C. 5333(b), USDOL guidelines at 29 CFR Part 215, and any
amendments thereto. These terms and conditions are identified in the
USDOL's letter of certification to FTA, the date of which is set forth Grant
Agreement or Cooperative Agreement with the state. The Contractor
agrees to perform transit operations in connection with the underlying
contract in compliance with the conditions stated in that USDOL letter.
(c.) Transit Employee Protective Requirements for Projects Authorized by 49
U.S.C. 5311 in Non-urbanized Areas - If the contract involves transit
operations financed in whole or in part with Federal assistance authorized
by 49 U.S.C. 5311, the Contractor agrees to comply with the terms and
conditions of the Special Warranty for the Non-urbanized Area Program
agreed to by the U.S. Secretaries of Transportation and Labor, dated May
31, 1979, and the procedures implemented by USDOL or any revision
thereto.
(4) The Contractor also agrees to include any applicable requirements in each
subcontract involving transit operations financed in whole or in part with
Federal assistance provided by FTA.
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ATTACHMENT 4
CALIFORNIA LABOR CODE SECTION 1070 - 1074
1070. The Legislature finds and declares all of the following:
a) That when public transit agencies award contracts to operate bus and rail
services to a new contractor, qualified employees of the prior contractor who are not
reemployed by the successor contractor face significant economic dislocation as a
result.
b) That those displaced employees rely unnecessarily upon the unemployment
insurance system, public social services, and health programs, increasing costs to
these vital government programs and placing a significant burden upon both the
government and the taxpayers.
c) That it serves an important social purpose to establish incentives for
contractors who bid public transit services contracts to retain qualified employees of the
prior contractor to perform the same or similar work.
1071. The following definitions apply through this chapter:
a) "Warding authority" means any local government agency, including any city,
county, special district, transit district, joint powers authority, or nonprofit corporation
that awards or otherwise enters into contracts for public transit services performed
within the State of California.
b) "Bidder" means any person who submits a bid to an awarding agency for a
public transit service contract or subcontract.
c) "Contractor' means any person who enters into a public transit service contract
with an awarding authority.
d) "Employee" means any person who works for a contractor or subcontractor
under a contract. "Employee" does not include an executive, administrative, or
professional employee exempt from the payment of overtime compensation within the
meaning of subdivision (a) of Section 515 or any person who is not an "employee' as
defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)).
e) "Person" means any individual, proprietorship, partnership, joint venture,
corporation, limited liability company, trust, association, or other entity that may employ
individuals or enter into contracts.
f) "Public transit services" means the provision of passenger transportation
services to the general public, including paratransit service.
g) "Service contract" means any contract the principal purpose of which is to
provide public transit services through the use of service employees.
h) "Subcontractor" means any person who is not an employee who enters into a
contract with a contractor to assist the contractor in performing a service contract.
1072. a) A bidder shall declare as part of the bid for a service contract whether or not he
or she will retain the employees of the prior contractor or subcontractor for a period of
not less than 90 days.
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b) An awarding authority letting a service contract out to bid shall give a 10
percent preference to any bidder who agrees to retain the employees of the prior
contractor or subcontractor pursuant to subdivision (a).
c)(1) If the awarding authority announces that it intents to let a service contract
out to bid, the existing service contractor, within a reasonable time, shall provide to the
awarding authority the number of employees who are performing services under the
service contract and the wage rates, benefits, and job classifications of those
employees. In addition, the existing service contractor shall make this information
available to any entity that the awarding authority has identified as a bona fide bidder. if
the successor service contract is awarded to a new contractor, the existing contractor
shall provide the names, address, dates of hire, wages, benefit levels, and job
classifications of the employees to the successor contractor. The duties imposed by this
subdivision shall be contained in all service contracts.
2) A successor contractor or subcontractor who agrees to retain employees
pursuant to subdivision (a) shall retain employees who have been employed by the prior
contractor or subcontractors, except for reasonable and substantiated cause. That
cause is limited to the particular employee's performance or conduct while working
under the prior contract or the employees' failure of any controlled substances and
alcohol test, physical examination, criminal background check required by law as a
condition of employment, or other standard hiring qualification lawfully required by the
successor contractor or subcontractor.
3) The successor contractor or subcontractor shall make a written offer of
employment to each employee to be rehired. That offer shall state the time within which
the employee must accept that offer, but in no case less than 10- days. Nothing in this
section requires the successor contractor or subcontractor to pay the same wages or
offer the same benefits provided by the prior contractor or subcontractor.
4) If, at any time, the successor contractor or subcontractor determines that
fewer employees are required than were required under the prior contract or
subcontract, he or shell shall retain qualified employees by seniority within the job
classification. In determining those employees who are qualified, the successor
contractor or subcontractor may require an employee to possess any license that is
required by law to operate the equipment that the employee will operate as on
employee of the successor contractor or subcontractor.
1073. a) An employee who was not offered employment or who has been discharged in
violation of this chapter, or his or her agent, may bring an action against the successor
contractor or subcontractor in any superior court having jurisdiction over the successor
contractor or subcontractor. Upon finding a violation of this chapter, the court shall order
reinstatement to employment with the successor contractor or subcontractor and award
backpay, including the value of benefits, for each day of violation. A violation of this
chapter continues for each day that the successor contractor or subcontractor fails to
employ the employee, within the period agreed to pursuant to Section 1072.
b) The court may preliminarily or permanently enjoin the continued violation of
this chapter.
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c) If the employee prevails in an action brought under this chapter, the court shall
award the employee reasonable attorney's fees and costs as part of the costs
recoverable.
1074. a) Upon its own motion or upon the request of any member of the public, an
awarding authority may terminate any service contract made pursuant to Section 1072 if
both of the following occur:
1) The contractor or subcontractor has substantially breached the contract.
2) The awarding authority holds a public hearing within 30 days of the receipt of
the request or its announcement of its intention to terminate.
b) A contractor or subcontractor terminated pursuant to subdivision a) shall be
ineligible to bid on or be awarded a service contract or subcontract with that awarding
authority for a period of not less than one year and not more than three years, to be
determined by the awarding authority_
65
APPENDIX A
SCOPE OF SERVICES
Section 1: Service Days and Hours
The Moorpark Dial-A-Ride Paratransit service is complementary to the Moorpark City
Transit fixed route bus system and has the same service days and hours as the fixed
route. These are currently Monday through Friday, 6:00 a.m. — 6:00 p.m. There is no
service outside these hours, or on weekends, or on the following six (6) national
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day. Service is provided on other federal, state and local holidays.
The service days and hours of the Dial-A-Ride service will be adjusted to match any
future changes in the Moorpark City Transit service days and hours.
The City reserves the right to make adjustments to the service hours. For major
adjustments, the Contractor will be notified in writing not less than seven (7) calendar
days prior to the effective date; for minor adjustments, the Contractor will be given at
least 24 hours notice.
Section 2: Personnel
City shall have the right, contingent upon the Contractor's personnel policy guidelines, to
ask for the temporary or permanent removal of any personnel 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 personnel 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, worker's compensation, unemployment
insurance and other forms of social security. Contractor shall also be responsible for
withholding of income tax at its source from employee's wages and, further, 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 will provide thorough training for all personnel 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.
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Page 2
Section 3: Dispatch
The Contractor must maintain a dispatch center with scheduling and communications
capabilities sufficient to meet federal Americans with Disabilities Act (ADA) standards
and the standards contained herein. A dispatcher shall be available to schedule trip
requests between the hours of 6:00 a.m. - 6:00 p.m. Monday - Friday; and 7:30 a.m. -
4:00 p.m. on Sunday (for Monday reservations). Both the dispatcher and the drivers
shall coordinate the provisions of this service such that it will optimize the number of
participants carried and minimize circuitous routing while maintaining on-time
performance. Dispatcher shall advise participants, to the best of their ability,
approximate time of pick-up. Per ADA requirements, Intra-City ADA requests must be
met within one (1) hour of the participant's requested time. For example, if an ADA
participant requests a 10:00 a.m. pick up, the Contractor must be able to pick up that
participant by 11:00 a.m. or 9:00 a.m., otherwise, the request is considered a "denied"
trip. The Contractor shall make all possible efforts to avoid any undue delay(s).
Contractor shall use the provided Trapeze Dispatch Program, equipment and any
additionally provided programs to enhance the demand response and reservation
system. The Trapeze Program and equipment is provided by the Ventura County
Transportation Commission (VCTC) through the City for the sole use of dispatch
services within the City and the coordination of the county wide ADA program.
The City is responsible for providing the Contractor with lists or rosters of eligible Senior
and ADA Disabled Paratransit participants.
Reservation guidelines are as follows:
Intra-City travel: Participants may call two hours in advance of requested pick-up time.
For example, call at 10:00 a.m. for a Noon pick up. If the participant has an
appointment he or she needs to make, or uses a wheelchair, the participant is
requested to call 24 hours in advance. However, the Contractor shall make every effort
to accommodate requests that are made with less than 24 hours notice.
Inter-City travel: Once ADA certified, participants are advised to make reservations at a
minimum of one day (24 hours) and not more than 14 days in advance. However, the
Contractor should make every attempt to accommodate service requests made with
less than 24 hours notice. Paratransit reservations will be the responsibility of the
Contractor. For trips involving a transfer, the Contractor is responsible for coordinating
the transfer times with the respective agency (such as Simi Valley Transit, Gold Coast
Access, or L.A. Access). The Contractor will also be responsible for scheduling
reservations with input from the City when necessary.
Section 4: 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
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Page 3
vehicles used for participant 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, including
obtaining a Business Registration from the City.
The Contractor shall be responsible for ensuring compliance with ADA 49 CFR 27, 37,
and 38: Transportation for individuals with disabilities, Final Rule, dated September 6,
1991, or as it may be amended.
The City may, from time to time, issue directives concerning matters related to
Paratransit services, e.g., reservation procedures and cancellation notification. The
Contractor shall assist the City in implementing and/or enforcing these directives.
The Contractor must-
1. Maintain a current file on certified Moorpark Paratransit participants including
name, address, telephone number, disability, and any other information that will
assist the driver.
2. Receive Paratransit reservation requests via the telephone. Participant
reservation requirements are listed in Section 3.
3. Keep a list of paratransit activities, including:
a. Number of one-way rides per day.
b. Number of one-way rides per month.
c. Number of"no shows" per month.
d. Number of"denials" per month.
4. Provide reservation information to the City via email.
Section 5: Contractor Vehicles
Contractor shall provide all necessary vehicles, including at least one primary
wheelchair accessible van and at least one backup vehicle to ensure continuation of
service in case of a breakdown of the primary van. All Contractor-supplied vehicles
shall have less than 75,000 original odometer miles on them. The Contractor shall at all
times be required to have a back-up vehicle available for use in the event that the
primary vehicle is unable to operate.
All vehicles must be equipped with a wheelchair lift and meet ADA standards. Back-up
vehicles shall be in 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.
In the event that the vehicle being used by the Contractor breaks down, the Contractor
shall provide a back-up vehicle on site within one and a half (1.5) hours.
Non-accessible Vehicles: Certain Senior and ADA certified participants do not
need a wheelchair accessible vehicle or van. In the past, these participants have
been adequately served with a taxicab, town car, or mini-van. This is acceptable
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Page 4
as long as the participant is not inconvenienced by not being transported in an
accessible vehicle.
Section 6: Vehicle 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, or other motor vehicles acceptable to the
City 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 complimentary paratransit Dial-A-
Ride public transportation system of a kind and character such as Moorpark City Transit.
6.1 Maintenance Facility: The Contractor shall provide and maintain an appropriate
fixed maintenance facility within a 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.
6.2 Daily Maintenance: The Contractor shall perform daily vehicle servicing on all
vehicles under this Agreement. For purposes of this Agreement, daily servicing will
include, but not be limited to, fueling; engine oil, coolant, water, and transmission
fluid check/add; farebox vault pulling and replacement; wheelchair lift check; brake
check; light and flasher check; and check 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 will be utilized
and kept on file for City and California Highway Patrol review at any time during
regular business hours. The checklist requirement may incorporate or supplement
CHP required driver's pre-trip safety inspections.
6.3 Vehicle Cleaning: The Contractor shall maintain the vehicle 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
extent practicable throughout the operating day. Vehicles shall be swept and
dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as
necessary. The interiors of all vehicles shall be thoroughly washed at least once
per week, including all windows, seats, floor, stanchions, and grabrails. All foreign
matter such as gum, grease, dirt, and graffiti shall be removed from interior
surfaces during the interior cleaning process. Any damage to seat upholstery shall
be repaired at the end of each day. Ceilings and walls shall be thoroughly cleaned
at least once per month, or more often as necessary. Destination sign interior glass
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Page 5
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 vehicle body, all windows, and wheels. Rubber or vinyl exterior
components such as tires, bumper fascia, fender shirts, and door edge guards shall
be cleaned and treated with a preservative at least once per month, or as
necessary to maintain an attractive appearance. The vehicle exterior shall be
waxed once every six 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.
6.4 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 the
manufacturer's specifications.
The City, at its own expense, may inspect vehicles to ensure that regular preventive
maintenance and other is being performed.
6.5 Vehicle Repairs: All repairs to vehicles and back-up 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 the
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
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Page 6
Contractor shall assure the City that required repairs shall not be deferred beyond a
reasonable time.
The Contractor shall be familiar with vehicle and equipment warranties and shall
comply with all warranty provisions in the conduct of its maintenance.
6.6 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.
6.7 Maintenance Records and Reports: The Contractor shall prepare, maintain, and
make available to the City 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.
Records of all maintenance and inspections shall be made available to the City, the
CHP and/or such other regulatory agencies with jurisdiction when requested. 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 be 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. All fuel, fluids, and lubricants used.
E. Monthly summaries of vehicle miles, vehicle miles since last preventative
maintenance inspection, lists of any vehicle repairs made, numbers and
lengths of time back-up vehicle was used, and vehicle roadcalls.
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Page 7
Section 7: Drivers
The Contractor shall ensure that regularly assigned drivers or back-up personnel are
available and on time each day to ensure consistent and reliable service. The Contractor
shall review current California Department of Motor Vehicles (DMV) reports on all
applicants for the position of driver and shall reject any applicant with any failure to appear
in court for driving under the influence or other violations. Contractor shall join and bear
full cost of the DMV Pull Notice Program, whereby the Contractor shall be notified of any
activity on a driver's driving record. Any driver exceeding the DMV point system or with a
revoked or suspended license will not be allowed to provide driver service for the City.
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 personnel for the proper performance of their duties.
Drivers shall also be thoroughly trained on the use of all equipment used under this
Agreement, including the Contractor's back-up vehicle. Contractor shall perform
background checks on drivers utilizing a vendor such as Live Scan to ensure that no
drivers with inappropriate backgrounds are used to provide services under this Agreement.
Drivers shall have no felony conviction history. Drivers shall not have more than two (2)
moving violations in the past five (5) years and no Driving While Intoxicated/Driving Under
the Influence convictions within the last seven (7) years.
At a minimum, drivers shall be required to: wear an approved uniform of clean and neat
appearance, be helpful and courteous, assist participants with transfers, ensure that fares
are collected and deposited in the farebox, assist elderly and handicapped participants,
refuse rides to unruly participants, stay on schedule, obey all traffic laws, and enforce all
City transit participant rules. Drivers shall not smoke in the vehicles or allow participants to
do the same.
The City's Senior Dial-A-Ride and ADA Paratransit service is curb-to-curb, which means
the participant should meet the vehicle. However, the following procedures have been
established to ensure that participants have an opportunity to board Paratransit vehicles in
a timely fashion when building design, weather, or other barriers prevent the participant
from seeing the vehicle upon arrival.
A. The following procedure applies to Senior Centers, medical facilities, Adult
Day Health Centers (ADHC) and other similar group facilities:
In the event that a scheduled participant is not ready and waiting at the
boarding station upon the vehicle's arrival, the drivers shall:
• Inform the Dispatcher of his/her arrival at the facility;
• Indicate that the participant is a "No-Show". If time permits, the
Dispatcher will direct the driver to-
- secure the vehicle (set parking brake and remove key);
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Page 8
- walk inside of the lobby/waiting area of the facility and inform the
facility staff that the driver is with the Paratransit service and
he/she is there to pick up participant [insert name]. The driver
will return to the vehicle after completing this task; and,
- wait approximately four (4) minutes. If the customer does not
show, contact Dispatch and await further instructions.
• Should the participant not show after the driver has waited the
allotted time and all other options have been exhausted, the
Dispatcher will direct the driver to continue in service, noting that the
participant is a "No-Show".
B. The following procedure is for private participant residences:
In the event that a scheduled participant is not ready and waiting at the
boarding station upon the vehicle's arrival, the drivers shall:
• Secure vehicle (set parking brake);
• Wait approximately four (4) minutes. If the customer does not show,
contact Dispatch and await further instructions;
• If the schedule does not permit waiting additional time, the Dispatcher
will place a telephone call, informing the participant that the vehicle is
outside;
• After confirming the vehicle's arrival with the participant, the
Dispatcher will advise the driver that the participant is en route to the
vehicle; and
• If no answer is received, the Dispatcher will direct the driver to
continue in service, noting that the participant was a "No-show".
Section 8: Operation Records and Reports
The Contractor will 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, along with the monthly invoice
within 15 business days of the end of each calendar month, shall include, but not be
limited to, the following:
A. Listing of all vehicle breakdown s/roadcalls occurring in service with a
description of the cause and corrective actions taken.
B. Date, time, and length of time for any service disruptions.
C. 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 back-up vehicle was used, and vehicle roadcalls.
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Page 9
D. Total participant counts by demographic category and fare (senior, ADA,
Intra, Inter) and date.
E. Participant counts by payment method (cash, pass, free meal trip, transfer)
by date.
F. Missed or abbreviated route trips, delays or unusual incidents while on duty.
Additionally, the Contractor shall collect, record and report annually other statistical data
required under Section 15 of the Federal Transit Act which includes, but is not limited to,
participant count by fare, vehicle hours, vehicle miles, vehicle revenue hours, vehicle
revenue miles, participants per hour, wheelchair boardings, participant trip denials, and
Dial-A-Ride participant"No-shows".
Section 9: Fares
The Contractor will collect fares as established by the City. Currently, the fares are (one
way):
Intra City
(Senior or ADA service): $1.50 per participant
City Senior Nutrition trips: $1.50 suggested donation
Inter-City ADA trips: $3:00 per participant (Thousand Oaks/Westlake, Simi
Valley
$4.50 per participant (Camarillo, Oak Park, Gold Coast
Access, L.A. Access)
Personal Care Attendants (PCAs) do not pay the fare for trips within the City. For Inter-City
trips, PCAs must pay the regular ADA fare, which is currently based on the destination.
Companions and visitors must pay a fare in accordance with ADA guidelines.
When performing transfer services, the originating operator collects the full fare. For
example, if the Contractor is providing a trip from Moorpark to Simi Valley, Moorpark's
Contractor will collect the $3.00 fare and the participant will not pay anything to Simi
Valley. Likewise, if Moorpark's Contractor is collecting a transfer from Simi Valley, Simi
Valley will have collected the $3.00 fare and Moorpark's Contractor will not collect any
fare.
A few ADA participants that attend Adult Day Care Centers receive vouchers from the
Center. The Contractor must keep track of those particular participants' trips and bill the
respective Center for payment. The participants' fare should be discounted from the City's
invoice as if they were paying cash fare.
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Page 10
Section 10: Meetings and Contact Information
The Contractor shall make administrative staff available to attend two meetings per year of
the City's Transportation and Streets Committee. The City will notify the Contractor, in
advance, of a meeting the Contractor is required to attend. Contractor will 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 11: 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 to
handle roadcalls.
The Contractor shall notify the City, at the first available opportunity, of any vehicle
breakdowns or other problems that may cause schedule delays.
Section 12: Special Services
From time to time the City may wish to expand the hours or the days of services to the
community. With seven (7) days written notice, Contractor shall provide the special service
using the Agreement vehicles, at the regular rate.
Section 13: Invoice Attachments
When submitting invoices per the Agreement, Contractor shall also provide driver sheets
for all trips provided, which should include the following:
• Drivers name and vehicle ID number • Destination Address
• Date • Fare Paid/Transfer
• Appointment Time • Odometer at Pick up Point
• Actual pick up Time . Odometer at Drop off Point
• Actual drop off Time . Mileage/trip
• ADA number (if applicable) • Total mileage
• Participant Name • Was a PCA included
• Inter or Intra Trip Designation • Total Trips
• Pick up Address . Total Participants
75
r
r
r
® APPENDIX B
PROPOSALCOSTFORM
® In response to the Request for Proposals for Dial-A-Ride Paratransit Services from the City of
r► Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined.
Cost — Dial-A-Ride Paratransit Services.
Year 1 — Janua 1, 2009 — December 31, 2009
® Initial cost, flag drop (base cost per trip) $
Cost per mile $ a , o'L d
Year 2 —Janua 1, 2010 — December 31, 2010
r Initial cost, flag drop (base cost per trip) $ • U�
r
® Cost per mile $
a Year 3 —January 1, 2011 — December 31, 2011
r
Initial cost, flag drop (base cost per trip) $ • D—j�
Cost per mile $ a
r
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) will render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish the necessary
certificates and performance bond.
II PROPOSER: 1VgT 1O1y(A/ 12),5 %�<}M�ij GJpi2 O
� CONTACT:
TITLE: &6_�
ADDRESS:_g3 ��. C��"M�I'/2/Gt%U
TELEP
SIGNAT H 0N :�f05��6 DG✓�" A wESTGO�S'i
E:
76
APPENDIX C
® PROPOSER REFERENCE FORM - PARTS I AND II
® PART
GENERAL INFORMATION
1. NAME N4- 7orvW 1,2)e
2. Bidder is a: (circle one)
® Corporation/Partnership/Association/Sole Proprietorship
e 3. Bidder's address and Telephone Number.
Pv 2�g
® s> 393 - Y�
1 4. Name, Title, Telephone Number, & Email Address of Bidder's Authorized
Representative:
1 -
G1� Si C19#-9-S G• �NI
5. Bidder's Credit References: (Include names, address, and telephone numbers of at
® lease three references, one of which must be the organization's bank)
® A. �i/�02 S�DGG1 T!D/1/S Ile/82' V29Z 6 ZO Z
A-
a L• 3 f3of.3,8� /3.
ices / G7
C. G as �� �-� ✓�y,� �i�J7/6 - SZg fc
.000 GANyo/y /1-U,Yi TA Z
Grin L-ADO iLLS, 45F/.3 6 7
77
i
e
® PART If
Client List for Transportation Services Currently and/or Previously Provided:
1. Client Name:
Client Address-_/
Contact Person:
Telephone Number:�0,r-
Period of Service: -I- — 1�7-"2O46/y7-
e
e 2. Client Name: /,G(,
® Client Address: 6,01
® /Zoc
® Contact Person:
Telephone Number:
Period of Service:
3. Client Name: GaLY� 4,4- �i3 LiG GtiD/LIcS
® Client Address: �d j> C _ �/077,21t,1111- 47/
® � � CA �3
Contact Person: CdA7ff y ��v/1/�G L
® Telephone Number:
p Period of Service:
1
78
APPENDIX D
VEHICLE IDENTIFICATION FORMS - PARTS I and II
p PART I - VEHICLE INFORMATION
All bidders shall provide the following information for each type of vehicle the bidder
proposes to use in this project. Bidders must submit photographs of vehicle exteriors
® and depictions of interior seating configuration, to be attached to this form.
1. Number of Vehicles Provided
2. Primary or Back-Up Vehicle
� 3. Vehicle Type/Model/Manufacturer
4. Date of Manufacture
®
5. Passenger Seating Capacity �
! 6. Gross Vehicle Weight Rating V -7)-V
® 7. Engine/Transmission Type
® 8. Overall Length
9. Exterior Width
N
10. Interior Height
11. Aisle Width �Z 1
12. Step Height from Ground
13. Destination Signs (Describe Location and Functions):
!
! 14. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph)
!
a
If any used vehicles are proposed, complete Part II of this form.
M 79
APPENDIX D (continued)
® PART II - STATEMENT OF CONDITION FOR USED VEHICLES
If used vehicles are proposed by the Contractor for use in this project, this form shall be
completed for each type of vehicle so proposed.
1. Number of Vehicles Provided 1
2. Primary or Back-Up Vehicle
3. Vehicle Type/Model/Manufacturer 2)-z9_2)e—n5
4. Date of Manufacture _D —
5. Passenger Seating Capacity
6. Gross Vehicle Weight Rating e7opOo
7. Engine/Transmission Type 4/s- tqzo;� I�
8. Vehicle Length and Exterior Width
� u
9. Interior Height & Aisle Width
10. Step Height from Ground
11. Destination Signs (Describe Location and Functions):
1
221.4-e
1
12. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
1 photograph)
I
80
13. Total Accumulated Vehicle Mileage:
Date of odometer reading: .q,1910_116 ? �y 9.
14. Number of Miles & Hours on Engine and Transmission Since Last-Overhaul:
15. Tire Condition: (circle one) New Used Recapped
Comments:
d
s
s
p
1
1
a
1
81
EXHIBIT 1
SUSPENSION AND DEBARMENT CERTIFICATION
CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Participant (applicant for an FTA grant or cooperative agreement, or
Potential Contractor for a major third party contract), certifies to the best of its
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency,-
2. Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction,- violation of Federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or
potential third party contractor) is unable to certify to any of the statements in this
certification, the participant shall attach an explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR
COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR
THIRD PARTY CONTRACT), A1,g-770 JJ i2f %—/�/v��i CERTIFIES
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT T ISIO OF 31 U.S.C. SECTIONS 3801 ET. SEQ.
ARE APPLICABL JH!5—R
Signature of Contractor's Authorized Official Date
/,�5� ' !` I Cie U
Typed Name and Title of Contractor's Authorized Official
Tk
82
EXHIBIT 2
LOBBYING CERTIFICATION
As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR
20.110, 1 certify to the best of my knowledge and belief that for each application for
federal assistance exceeding $100,000: (1) No Federal appropriated funds have been
or will be paid, by or on behalf of /YlA77U1vN1-,)F XltR��,to any person for
influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress pertaining to the award of any Federal assistance, or the extension,
continuation, renewal, amendment, or modification of any Federal assistance
agreement; and (2) If any funds other than Federal appropriated funds have been or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any application to FTA for
Federal assistance, I assure that Standard Form-LLL, "Disclosure Form to Report
Lobbying," would be submitted and would include all information required by the form's
instructions.
I understand that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing
Federal assistance for a transaction covered by 31 U.S.C. 1352. 1 also understands
that any person who fails to file a required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each failure.
Sig ure & itle of d Official
Date
83