HomeMy WebLinkAboutAGENDA REPORT 2008 0820 CC REG ITEM 10HM-EALAL."amm=na I o. K. Am
City Council Meeting
ACI ION; a
MOORPARK CITY COUNCIL BY`
AGENDA REPORT
TO: Honorable City Council
FROM: Yugal K. Lall, City Engineer /Public Works Director
Prepared by: Shaun Kroes, Senior Management Analys
DATE: August 7, 2008 (CC meeting of 08/20/08)
SUBJECT: Consider Request for Proposals to Provide Professional Services for
Evaluation and Recommendations for Moorpark City Transit
BACKGROUND AND DISCUSSION
City Council is being asked to consider a Request for Proposal (RFP) to provide consultant
services for evaluation of the City's current fixed transit routes and schedules and offer
suggestions on improving bus routes, trip times, potential for weekend expansion, and
evening hours. Moorpark City Transit (MCT) ridership has been increasing over the years,
with an increase of 21.5% in FY 2007/08 compared to FY 2006/07. The FY 2007/08
farebox ratio was 32.99 %. The City must maintain a farebox ratio of at least 20% as a
requirement for using Local Transportation Funds (LTF). It is staff's intention to use the
consultant to improve existing services so that the City's transit system continues to attract
more riders while continuing to keep costs down.
The Consultant shall perform the following tasks:
1. Meet with City staff at least three (3) times, including:
• Data assembly
• Initial proposals
• Finalization of maps /timetables
2. Travel on both Route 1 and Route 2 at least once to become familiar with how each
Route performs.
3. Develop a Route Map for MCT Monday through Friday operations.
4. Develop a Timetable for MCT Monday through Friday operations.
5. Provide recommendations for increasing ridership and farebox ratio with MCT's
current route and time system.
6. Develop a Route Map for MCT for potential evening hours.
7. Develop a Timetable for MCT for potential evening hours.
SAPublic Works \Everyone \Staff Reports\2008\August \8 -20 -2008 (Transit Consultant Services).doc O'
Honorable City Council
August 20, 2008
Page 2
8. Develop a Route Map for MCT for potential weekend hours.
9. Develop a Timetable for MCT for potential weekend hours.
Staff will review the consultant's recommendations and bring them for the Council's
consideration at the end of the project.
FISCAL IMPACT
The FY 2008/09 budget includes $5,000 for special professional services. The RFP is
written such that prospective consultants will provide a price for each particular task,
enabling staff to determine if certain tasks should be removed to keep costs down.
Depending on the bids, staff may present Council with a Budget Adjustment at the time of
the Agreement award.
STAFF RECOMMENDATION
Approve the Request for Proposal and authorize staff to advertise for receipt of proposals.
Attachment A: City Transit Evaluation and Recommendations RFP
SAPublic Works \Everyone \Staff Reports\2008Wugust \8 -20 -2008 (Transit Consultant Services).doc
Attachment A
REQUEST FOR PROPOSAL
to provide
PROFESSIONAL SERVICES
for
EVALUATION AND RECOMMENDATIONS FOR
MOORPARK CITY TRANSIT
August 21, 2008
CITY OF MOORPARK
Public Works Department
799 Moorpark Avenue
Moorpark, CA 93021
Proposals are due by 3:00 p.m., September 18, 2008.
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NOTICE INVITING SEALED BIDS FOR
PROFESSIONAL SERVICES FOR
EVALUATION AND RECOMMENDATIONS FOR
MOORPARK CITY TRANSIT
PUBLIC NOTICE IS HEREBY GIVEN that the City of Moorpark as Agency, invites
sealed bids for the above stated project and will receive such bids in the office of the
City Clerk, 799 Moorpark Avenue, Moorpark, California, 93021 up to the hour of 3:00
p.m. on the 18th day of September, 2008.
The purpose of this invitation is to solicit proposals for the services of a qualified
Consultant who will evaluate the City's fixed transit routes and schedules and make
recommendations for potential changes (See Appendix A: Scope of Services).
Prospective consultants with the qualifications and experience in performing these
services are encouraged to submit a proposal to the City of Moorpark. All work shall
conform to the requirements provided.
Proposals for Professional Services submitted in response to this Request for Proposal
(RFP) will be used to select a professional Consultant for this Project. Prospective
Consultant's attention is directed to Appendix B "Proposal Requirements ". Proposals
must be prepared on the approved proposal forms in conformance with the Proposal
Content/Format submitted in a sealed envelope plainly marked on the outside,
"EVALUATION AND RECOMMENDATIONS FOR MOORPARK CITY TRANSIT — DO
NOT OPEN WITH REGULAR MAIL ".
All questions relating to this RFP should be addressed in writing (E -mail is acceptable)
to:
Shaun Kroes
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
skroes@ci.moorpark.ca.us
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Bid packets and proposal forms may be picked up at Moorpark City Hall, 799 Moorpark
Avenue, or mailed upon request. There will be no pre -bid meeting. The City of Moorpark
City Council reserves the right to waive any informalities or irregularities in any proposal
submitted, to reject any or all proposals, and to award agreements to one or more
consultant for one or more of the RFP items. Proposals will remain valid for ninety days
while the City reviews the bids.
One (1) original and one (1) copy of the Proposal for Professional Services shall be
submitted to the City of Moorpark in a package clearly marked "EVALUATION AND
RECOMMENDATIONS FOR MOORPARK CITY TRANSIT — DO NOT OPEN WITH
REGULAR MAIL ".
Hardcopy to:
City of Moorpark
City Clerk's Office
799 Moorpark Avenue
Moorpark, CA 93021
• Documents are to be double sided and printed on recycled content paper
(minimum of 30% post- consumer recycled content).
• Proposals may be hand delivered to the City of Moorpark receptionist at 799
Moorpark Avenue.
This RFP does not commit the City to award an Agreement, to pay any costs incurred in
the preparation of a proposal for this request, or to procure or contract for services. The
City reserves the right to accept or reject any or all proposals received as a result of this
RFP, to negotiate with any qualified firm or to modify or cancel in part or in its entirety
the RFP if it is in the best interests of the City to do so.
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TABLE OF CONTENTS
PAGE
I. Introduction .......................................................... ............................... 5
II. Background ........................................................... ..............................6
III. Schedule ............................................................... ..............................6
IV. Proposal Content / Format ......................................... ..............................6
V. Proposal Evaluation and Selection ........................... ..............................7
VI. General Proposal Terms & Conditions ...................... ..............................9
A. Agreement Requirement
B. Communications Regarding RFP
C. Modification or Withdrawal of Submittals
D. Property Rights
E. Confidentiality
F. Non - Commitment of City
VII. Proposal Checklist ............................................... .............................11
APPENDIXES
A. Scope of Services
B. Proposal Requirements
C. Proposal Cost Form
D. Workers' Compensation Insurance Certification
E. Sample Agreement
F. Current Moorpark City Transit Ride Guide
Attachment 1: Documentation of Insurance Coverage Requirements
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I. Introduction
The City of Moorpark (City or City of Moorpark) is requesting proposals for the services
of a qualified consultant or firm with verifiable experience in planning fixed transit routes,
including scheduling. The Consultant would evaluate the City's current fixed transit
routes and schedules and offer suggestions on improving bus routes, trip times,
potential for weekend expansion, and evening hours (see Appendix A: Scope of
Services). Prospective consultants with the qualifications and experience in performing
these services are encouraged to submit a proposal to the City of Moorpark. All work
shall conform to the requirements provided.
Proposals for Professional Services submitted in response to this Request for Proposal
(RFP) will be used to select a professional consultant for this project. Prospective
consultant's attention is directed to Appendix B "Proposal Requirements ".
All questions relating to this RFP should be addressed in writing (E -mail is acceptable)
to:
Shaun Kroes
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
skroes@ci.moorpark.ca.us
One (1) original and one (1) copy of the Proposal for Professional Services shall be
submitted to the City of Moorpark in a package clearly marked "EVALUATION AND
RECOMMENDATIONS FOR MOORPARK CITY TRANSIT — DO NOT OPEN WITH
REGULAR MAIL ".
Hardcopy to:
City of Moorpark
City Clerk's Office
799 Moorpark Avenue
Moorpark, CA 93021
• Documents are to be double sided and printed on recycled content paper
(minimum of 30% post- consumer recycled content).
• Proposals may be hand delivered to the City of Moorpark, City Clerk's Office, at
799 Moorpark Avenue prior to bid submittal deadline.
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II. Background
Moorpark City Transit (MCT or Moorpark City Transit) includes two fixed -route bus
routes (Route 1 and Route 2). Route 1 operates 6:00 a.m. to 5:30 p.m. Monday through
Friday. Route 1 travels in a counter - clockwise fashion through Moorpark, a 16 mile loop.
Route 2 operates 6:40 a.m. to 6:00 p.m. Monday through Friday. Route 2 travels in a
clockwise fashion through the City of Moorpark, a 16 mile loop. Each bus provides 11
trips, with each trip running approximately 52 minutes. Both Routes travel to many of
the same locations, with a few differences. For example, Route 2 travels to Moorpark
Marketplace and Route 1 travels to Villa del Arroyo Mobile Home Park. Daily operation
includes two main vehicles and one relief route vehicle, which provides two trips for
Route 1 and three trips for Route 2. Moorpark City Transit contracts with Coach
America for bus drivers and bus maintenance.
Moorpark City Transit currently owns five vehicles:
2, 2006 El Dorado MST II, 25 seats
21 2002 El Dorado MST II, 25 seats
11 1998 Blue Bird, 24 seats
In Fiscal Year 2007/08, MCT provided 65,534 trips and had a farebox ratio of 32.99 %.
Moorpark City Transit is funded with Local Transportation Funds (LTF) and is subject to
a 20% farebox ratio requirement beginning in FY 2007/08.
III. Schedule
It is the City's intention to complete MCT's evaluation before the end of December 2008.
This includes the Consultant's proposal on suggested improvements and alternatives.
Prospective consultants should include their schedule in their proposal.
IV. Proposal Content/Format
Prospective consultants shall submit a proposal with the required Proposal
Requirements (Appendix B), Detailed Proposal Cost (Appendix C), Workers'
Compensation Insurance Certification (Appendix D), and Required Documentation
of Insurance Coverage (Attachment 1). The proposal should be provided in a sealed
envelope and marked on the outside of the envelope "EVALUATION AND
RECOMMENDATIONS FOR MOORPARK CITY TRANSIT — DO NOT OPEN WITH
REGULAR MAIL ". - with the name of the firm. Two (2) copies of the proposal are
required (including original documents).
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Submit proposal to
City of Moorpark
City Clerk's Office
799 Moorpark Avenue
Moorpark, CA 93021
PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON
September 18, 2008.
V. Proposal Evaluation and Selection
The Proposal Requirements, Cost Proposal, Workers' Compensation and Insurance
Certification, and required documentation of insurance coverage must be sealed and
received by the City up to the hour of 3:00 p.m. on the 18th day of September,
2008.
All proposals properly received before the aforementioned date and time will be
evaluated by the City. Proposals shall remain valid for 90 days while the City reviews
them. The firm selected as the most qualified to provide the requested services may be
invited to negotiate a final Agreement. If an Agreement is not reached, negotiations
may be terminated and commenced with the next most qualified firm.
Proposals will be evaluated on the following criteria and rating system with a maximum
point value of 100 points:
Technical Qualifications:
20 points
Methodology:
20 points
Experience:
20 points
Price:
20 points
References:
20 points
Total
100 points
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Firm:
RFP EVALUATION FORM
Evaluation Criteria
Date:
Maximum
Possible
Points
Technical Qualifications
• Clear understanding of the
Scope of Work 20 points
• Knowledge of public transit
funding programs
Methodology
• Staffing /hours
• Detailed timeline
• Plan
Experience
• Timetables
• Route development
• Budget assessment
Price
References
Total
Prepared by:
20 points
20 points
20 points
20 points
100 points
Points Earned
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Proposals received after the time and date specified above will not be considered and
will be returned unopened to the prospective consultant.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective consultant will be rejected.
This RFP does not commit the City to award an Agreement, to pay any costs incurred in
the preparation of a proposal for this request, or to procure or contract for services. The
City reserves the right to accept or reject any or all proposals received as a result of this
RFP, to negotiate with any qualified firm or to modify or cancel in part or in its entirety
the RFP if it is in the best interests of the City to do so.
The prospective Consultant is advised that should this RFP result in recommendation
for award of an Agreement, the Agreement will not be in force until it is approved and
fully executed by the City.
All products used or developed in the execution of any Agreement resulting from this
RFP will remain in the public domain at the completion of the Agreement.
Compensation under any Agreement resulting from this RFP will be on a time and
expense basis at rates stated in the fee proposal with a not to exceed amount.
A sample of the proposed Agreement is attached herein as Appendix E. The
Consultant shall adhere to the provisions of this Agreement. The Consultant shall
advise the City, in the proposal transmittal letter, of any provision which they have
alternative wording or any provision which they cannot accept.
Any Agreement awarded as a result of this RFP will be awarded without discrimination
based on race, color, religion, age, sex, or national origin.
VI. General Proposal Terms and Conditions
Agreement Requirement - The Consultant to whom the Agreement is awarded shall
execute a written Agreement with the City within ten (10) calendar days after notice of
the award has been sent by mail to the Consultant at the address given in the proposal.
The Agreement shall be made in the form approved by the City and incorporated in this
RFP. Any exceptions, concerns, or requests to modify the Sample Agreement must be
provided in writing and submitted with the Consultant's proposal. The Consultant
warrants that it possesses, or has arranged through subcontracts, all capital and other
e-
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equipment, labor and materials to carry out and complete the work hereunder in
compliance with all applicable federal, state, county, and City laws, ordinances, statutes
and regulations.
Communications Regarding RFP - If a prospective consultant is in doubt as to the
meaning or intent of any part of the RFP, or discovers discrepancies in or omissions
from the RFP, it may submit a written request for an interpretation or correction thereof
to the Project Manager, Shaun Kroes, City of Moorpark. Interpretation or correction of
the RFP shall be made only by addendum duly issued by the City. A copy of any such
addendum will be mailed or delivered to each person receiving the RFP, and such
addendum shall be considered a part of the RFP and shall be incorporated therein. All
timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with members of City staff are not encouraged,
but will be permitted. However, any such oral communication shall not be binding on the
City.
Modification or Withdrawal of Submittals - Any proposal received prior to the date and
time specified for receipt of proposals may be withdrawn or modified by written request
of the prospective consultant. To be considered, however, the modified proposal must
be received by the time and date originally specified.
Property Rights - Proposals received within the prescribed deadline become the
property of the City and all rights to the contents therein become those of the City.
Confidentiality - Prior to award of the Agreement, all proposals will be designated
confidential to the extent permitted by the California Public Records Act. After award of
the Agreement, or if not awarded, after rejection of all proposals, all responses will be
regarded as public records and will be subject to review by the public. Any language
purported to render confidential all or portions of the proposals will be regarded as non-
effective and will be disregarded.
Non - Commitment of City - This RFP does not commit the City to award an agreement,
to pay any costs incurred in the preparation of a proposal responding to this request, or
to procure or contract for services. The City reserves the right to accept or reject any or
all proposals received as a result of this request, to negotiate with any qualified firm, or
to modify or cancel in part or in its entirety the RFP, if it is in the best interest of the City
to do so.
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VII. Proposal Checklist
All of the following items must be included in the submitted proposal in order to be
considered complete. Prospective consultant may include additional materials as
necessary. Consultant should submit an original proposal and one copy. The proposal
must include the following-
1 . Answers to Proposal Requirements Content (Appendix B)
2. Proposal Cost Form (Appendix C)
3. Workers' Compensation Insurance Certification (Appendix D)
4. Documentation of Insurance Coverage Required (Attachment 1)
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APPENDIXES
APPENDXXA — SCOPE OF SERVICES
APPENDIX B — PROPOSAL REQUIREMENTS
APPENDIX C — PROPOSAL COST FORM
APPENDIX D —WORKERS' COMPENSATION INSURANCE CERTIFICATION
APPENDIX E — SAMPLE AGREEMENT
APPENDIX F — CURRENT MOORPARK CITY TRANSIT RIDE GUIDE
ATTACHMENT 1 — DOCUMENTATION OF INSURANCE COVERAGE
REQUIREMENTS
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APPENDIX A
SCOPE OF SERVICES
Overview
The City is requesting proposals for the services of a qualified Consultant or firm with
verifiable experience in planning fixed transit routes, including scheduling. The
Consultant would evaluate the City's current fixed transit routes and schedules and offer
suggestions on improving bus routes, trip times, adding bus stops and /or removing bus
stops, potential for weekend expansion, evening hours, etc. The Consultant will work
with Shaun Kroes, Senior Management Analyst, at the City of Moorpark to discuss
MCT's current operations as well as plans for future expansion. All work products
produced by the Consultant must first be approved by Shaun Kroes prior to
consideration by the City of Moorpark.
Tasks
The Consultant shall perform the following tasks:
1. Meet with City staff at least three (3) times, including...
• Data assembly
• Initial proposals
• Finalization of maps /timetables
2. Travel on both Route 1 and Route 2 at least once to become familiar with how
each Route performs.
3. Develop a Route Map for MCT Monday through Friday operations.
4. Develop a Timetable for MCT Monday through Friday operations.
5. Provide recommendations for increasing ridership and farebox ratio with MCT's
current route and time system.
6. Develop a Route Map for MCT for potential evening hours.
7. Develop a Timetable for MCT for potential evening hours.
8. Develop a Route Map for MCT for potential weekend hours.
9. Develop a Timetable for MCT for potential weekend hours.
All Route Maps should follow the same format as the existing Ride Guide Map,
however, City staff is open to suggested format changes. The Consultant will take into
account MCT's budget constraints and farebox ratio requirements when proposing bus
operating hours and services. Timetables shall take into account various other factors,
including arrival and departure times of the Ventura Intercity Service Transit Authority
(VISTA), Metrolink and Amtrak rail services, as well as the Moorpark Unified School
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District's start and end times. All Timetables shall include the proposed departure times
for each bus stop (see Appendix F - Current Moorpark City Transit Ride Guide).
Route Maps shall be in two digital formats. The first shall be in an editable format (such
as Adobe Illustrator. The second format shall be in Adobe Acrobat 8.
Timetables shall be in two digital formats. The first shall be in Microsoft Excel XP /2002
version. The second format shall be in Adobe Acrobat 8.
All Route Maps and Timetables shall come with written justification for the proposed
plans.
nelivernhies
Five (5) hard copies of Items 3 -9 above (including required written reports).
Three (3) CDs containing Items 3 -9 above (including required written reports).
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5. Conflict of Interest Statement:
The Consultant shall disclose any financial, business or other relationship with the City
that may have an impact upon the outcome of the Agreement.
6. General Proposal Terms and Conditions:
General Proposal Terms and Conditions, including the Sample Agreement, are included
in this RFP; submittal of a proposal by the Consultant signifies the firm understands,
and will abide by the provisions of these documents.
7. Exceptions:
Exceptions - The City reserves the right, without obligation, to grant exceptions to the
RFP. However, the Consultant must note any exceptions, and his /her reasons, in the
proposal. Exceptions taken will be considered during the evaluation process.
8. Work Hours and Fee Estimate:
The price proposal should be completed using Appendix C. The cost should be stated
in a "not to exceed" basis. All expense reimbursements will be charged against the total
all- inclusive maximum price submitted in this proposal.
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APPENDIX C
PROPOSAL COST FORM
In response to the Request for Proposals — Cost Proposal for Consultant Services for
planning fixed transit routes. The undersigned agrees to provide services in
accordance with these Documents, which have been carefully examined. On a
separate sheet, Consultant shall provide a list of staff members responsible for
this project and their hourly rates. Consultant should list any and all tasks that
Consultant expects the City to perform.
COMPENSATION SCHEDULE
Total fixed contract amount for the project shall not exceed $
The contract amounts are distributed as follows:
Project
Hours
Dollar Amount
Meet with City staff:
Travel on both bus routes:
Route Map for MCT
Monday through Friday operations:
Timetable for MCT
Monday through Friday operations:
Recommendations for increasing
ridership and farebox ratio with
MCT's current route and time
system:
Route Map for MCT for evening
hours:
Timetable for MCT for evening
hours:
Route Map for MCT for weekend
hours:
Timetable for MCT for weekend
hours:
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ADDENDA
Bidder must fill in number and date of all addenda or enter the- word "none ", if
appropriate.
The following addenda are acknowledged and attached:
NO. DATED NO. DATED
2 �4., y�y1 1
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APPENDIX D
WORKERS' COMPENSATION INSURANCE CERTIFICATION
As required by Section 1860 of the California Labor Code (Chapter 1000, Statutes of
1965), the Consultant shall secure the payment of Workers' Compensation to its
employees in accordance with the provisions of Section 3700 of the California Labor
Code and shall furnish the City with a certificate evidencing such coverage together with
verification thereof as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for Workers' Compensation or to undertake self -
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Agreement."
SIGNED:
(Consultant)
DATE:
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APPENDIX E
SAMPLE AGREEMENT
CITY OF MOORPARK
AGREEMENT FOR 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
, hereinafter referred to as "Consultant ".
WITNESSETH
The Parties hereto do agree as follows:
WHEREAS, in August 2008, City distributed a Request for Proposal for a
qualified Consultant who will evaluate the City's fixed transit routes and schedules and
make recommendations for potential changes.; and
WHEREAS, pursuant to said request, Consultant submitted a Proposal, which
was accepted by City for services.
NOW THEREFORE, in consideration of their mutual promises, obligations and
covenants hereinafter contained, the parties hereto agree as follows:
1. Term — The term of this Agreement shall be from the date this Agreement is
made and entered, as first written above, and will continue in effect until the
completion of the project.
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 2 and the Consultant's Proposal is hereby incorporated in and made
a part of this Agreement as Attachment 3.
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 2), then to the language of the Consultant's Proposal (Attachment
3), and then to the other Agreement Documents in the order above set forth.
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2.3 Entire Agreement — This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to the rendering of
services by Consultant to the City, and contains all of the covenants and
agreements between the parties with respect to the rendering of services by
Consultant 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.
It is the intent of this Agreement to procure a qualified Consultant who will
evaluate the City's fixed transit routes and schedules and make
recommendations for potential changes, in accordance with this Agreement, the
Scope of Service within the City's Request for Proposal, and the Consultant's
Proposal dated , which has been attached hereto as
Attachment 3, and made a part of this Agreement.
Each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, oral or otherwise, not embodied herein,
shall be valid or binding and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. This Agreement shall not
be amended in any way except by a writing expressly purported to be such an
amendment, signed and acknowledged by both of the parties hereto.
3. City Obligations — For furnishing services as specified in this Agreement, City will
pay and Consultant shall receive as full compensation therefore, a not -to- exceed
sum based on the compensation schedule shown in Attachment 3, Appendix C,
attached hereto and made part of this Agreement.
Payments to the Consultant shall be made within thirty -five (35) days after receipt
of an original invoice and back up materials from the Consultant and acceptance
of the invoice and back up by the City.
4. Consultant's Obligations — For and in consideration of the payments and
agreements herein before mentioned to be made and performed by City,
Consultant 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. Consultant shall review, coordinate and approve the
work of all subcontractors retained by Consultant. Consultant shall be
responsible for all work performed by said subcontractors (a) as being complete,
(b) as meeting City's and Consultant's requirements, and (c) as if it had been
performed by Consultant. Without limiting the generality of the foregoing,
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Consultant 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.
5. Licenses and Registrations - At all times during the term of this Agreement,
Consultant 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.
6. Hold Harmless and Indemnification - Consultant 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
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subcontractors of
Consultant.
City does not and shall not; waive any rights that it may have against Consultant
by reason of Paragraph 6, 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 Paragraph 6 hereof.
7. Insurance - The Consultant 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.
8. Independent Consultant - Consultant is and at all times shall remain, as to the
City, a wholly independent consultant. Consultant shall not, at any time or in any
manner, represent that he is an officer, employee or agent of the City. Consultant
shall comply with all applicable provisions of the Workers' Compensation
Insurance and Safety Acts and Labor Code of the State of California.
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9. 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.
10. Termination — Consultant may terminate this Agreement only for breach of
contract by City and upon thirty (30) days written notice. City may terminate this
Agreement without cause, and upon thirty (30) days written notice to Consultant,
in which case Consultant shall be entitled to receive compensation for the
reasonable value of the Consultant's services performed through the termination
date. Furthermore, if, during the term of this Agreement, City determines that
Consultant is not faithfully abiding by any term or condition contained herein, City
shall provide Consultant with written notice and said notice must give Consultant
a 48 -hour notice of time thereafter in which to perform said work or cure the
deficiency. If Consultant has not performed the work or cured the deficiency
within the time specified in the notice, or if a similar failure to perform or
deficiency is repeated, such shall constitute a breach of this Agreement and City
may terminate this Agreement, immediately by written notice to Consultant to
said effect. In said event, Consultant shall be entitled to the reasonable value of
its services performed up to the day it received City Notice of Termination, minus
any offset from such payment representing the City damages from such breach.
Failure of the Consultant to provide City staff reports, documents, and other
material which meets or exceeds reasonable professional standards, or in a
timely manner, shall entitle City to offset against any amounts owed costs
incurred by City to replace or obtain such materials or services which meet or
exceed reasonable professional standards in a timely manner from other
sources.
City reserves the right to delay any post- termination payment until completion or
confirmed abandonment of the project, as may be determined in the City's sole
discretion, so as to permit a full and complete accounting of costs. In no event
shall Consultant be entitled to receive in excess of the compensation quote in its
proposal.
11. Ownership of Reports and Data — The originals of all studies, reports, exhibits,
documents, data and /or other work material(s) prepared and /or used to comply
with any section /condition of the Request for Proposal, including any copies of
same required by the Agreement to be furnished to the City, shall be public
records, which shall be open to inspection by the public and shall become and
remain the property of the City.
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12. Assign ment/Successors — Consultant shall not assign this Agreement, or any of
the rights, duties or obligations hereunder. It is understood and acknowledged
by the parties that the Consultant is uniquely qualified to perform the services
provided for in this Agreement.
13. 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.
14. Complete Agreement — This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete Agreement
between the parties hereto. No oral agreement, understanding, or representation
not reduced to writing and specifically incorporated herein shall be of any force or
effect, nor shall any such oral agreement, understanding, or representation be
binding on the parties hereto.
In the event of conflict between the terms, conditions, or provisions of this
Agreement and any such document or instrument, the City shall be the sole
person to decide which document or provision shall govern.
15. Non - Discrimination — In the performance of the terms of this Agreement, the
Consultant 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, sex, national origin or ancestry, or religion of such person(s).
16. 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 the applicable court in Ventura
County, California.
17. 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.
18. 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.
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19. Audit - City shall have the option of inspecting and /or auditing all records and
other written materials used by Consultant in preparing its statements to City as a
condition precedent to any payment to Consultant.
20. 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.
21. Waiver of Agreement — No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision, whether or not
similar, nor shall any such waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding unless executed in writing by the
party making the waiver.
22. Captions and Headings — The captions and headings of the various Articles and
Paragraphs of this Agreement are for the convenience and identification only and
shall not be deemed to limit or define the content of the respective Articles and
Paragraphs hereof.
23. Notice — Any notice to be given hereunder by either party to the other shall be
effected either by personal delivery in writing or by certified mail, postage
prepaid, return receipt requested. Mailed notices shall be addressed to the City
as follows:
Steven Kueny
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Mailed notices shall be addressed to the Consultant as follows:
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Page 26
Each party may change the address by written notice in accordance with this
section. Notices delivered personally will be deemed served as of actual receipt,
mailed notices will be deemed served as of the second (2nd) day after mailing.
24. Authority to Execute Agreement — Both City and Consultant 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.
25. City's Agent — The Moorpark City Manager, or his designee, shall have the right
to review, coordinate, and approve all work to be performed by the Consultant
pursuant to this Agreement, and shall be the City's agent in this matter.
26. Conflicts of Interest — The Consultant shall disclose any financial, business or
other relationship with the City that may have an impact upon the outcome of the
Agreement.
27. Conflict of Interest Disclosure — In accordance with California Government Code
Section 87306, the Consultant awarded an agreement may be required to file a
Conflict of Interest Statement, Form 730. If such a requirement is made, the filing
must be no later than thirty (30) days after the execution of the Agreement,
annually thereafter prior to April 1st of each year for the duration of the
Agreement, and within thirty (30) days of termination of the Agreement. Failure
to file any required statements will result in withholding payment for services
rendered.
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CITY OF MOORPARK
ATTEST
Consultant
WITNESS the execution of this Agreement.
Steven Kueny, City Manager
Date:
Deborah S. Traffenstedt, City Clerk
Name, Position
Date:
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ATTACHMENT 1
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement or endorse
the existing coverage to do so. Consultant 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.
Consultant 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 $,'I OP, a�IQ00 per occurrence for all covered losses and no less than
$2,000,000 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�0 '00,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal
autos in any way on this project, Consultant 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 liability policy shall include
a drop down provision providing primary coverage above a maximum of $1,000,000
self- insured retention for liability 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
Prospective Contractors
Page 29
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 Consultant, subconsultants or others involved. in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$fi
1090,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, error or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $11000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
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 Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant 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. Consultant also agrees to require all contractors and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant 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.
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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. Consultant 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 Consultant's general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
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 Consultant or deducted
from sums due Consultant, 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. Consultant 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 Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
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Prospective Contractors
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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. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the Work will be submitted to the City for
review.
11. Consultant 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 Consultant'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 Consultant, 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 Consultant 90
days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant 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. Consultant 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. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
Prospective Contractors
Page 32
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 Consultant'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 Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant 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
Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant 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.
Prospective Contractors
Page 15
APPENDIX B
PROPOSAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of
proposals by all prospective consultants for professional services. The intent of these
guidelines is to assist prospective consultants in preparation of their proposals, to
simplify the review process by the City, and to provide standards to better compare
proposals.
Proposals will contain the following information in the order listed:
1. Title Page:
A title page showing the request for proposal subject; the Consultant's name; the name,
address and telephone number of the contact person; and the date of the proposal.
2. Qualifications and Experience:
Identify Consultant's Project Manager. Include resumes of key staff and include
previous project experience similar to the subject projects. Identify key staff and
describe the responsibilities of the staff.
The proposal shall indicate the Consultant's experience with planning fixed transit
routes, including scheduling. The proposal shall also contain other pertinent experience
that may apply to this request. The Consultant shall explain his /her understanding of
the work to be done and why the firm believes it to be best qualified to perform the
services.
3. Methodology:
After review of the enclosures, please describe the anticipated methodology to be used
and estimated number of hours by staffing level for the project. Please also address the
anticipated information to be supplied to the City as well as requirements from City staff
if any. The proposal shall include a commitment to perform the work within the time
period including a draft schedule and a statement that the proposal is a firm and
irrevocable offer for 90 days.
4. References:
Please include a minimum of three references, services performed and dates of service.
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