HomeMy WebLinkAboutAGENDA REPORT 2008 1015 CC REG ITEM 10L10 -L.
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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: October 2, 2008 (CC meeting of 10/15/08)
SUBJECT: Consider Request for Proposals for Dial -A -Ride Paratransit Services
BACKGROUND AND DISCUSSION
City Council is being asked to consider a Request for Proposal (RFP) for Dial -A -Ride
Paratransit services. The successful bidder will operate and manage the Dial -A -Ride
Paratransit services for the City of Moorpark consisting of curb -to -curb demand responsive
transportation for senior (aged 62 +) citizens and persons with disabilities certified in
accordance with the Americans with Disabilities Act (ADA). Senior Dial -A -Ride trips occur
within the City of Moorpark. ADA service includes Moorpark with limited Inter -City ADA
service to neighboring cities of Thousand Oaks and Camarillo, and coordinated transfers to
nearby Paratransit systems, including but not limited to, Simi Valley Dial -A -Ride, Gold
Coast Access, and L.A. Access. The system operates 6.00 a.m. to 6.00 p.m. Monday
through Friday, to compliment the City's fixed - transit system. The City's current Agreement
with MV Transportation, Inc. expires December 31, 2008.
The City's Senior Dial -A -Ride and ADA Paratransit Intra -City (travel within Moorpark)
programs are funded with Transportation Development Act (TDA) funds. The City's Inter -
City (travel outside of Moorpark) for ADA Paratransit service is partially funded with Federal
Transit Administration (FTA) funds, with the remaining funding from TDA funds.
Passengers also pay a fare.
The deadline for proposals is November 18, 2008 at 3:00 p.m. New items for this
Agreement compared to the 2004 Agreement include updated insurance and
indemnification language; a liquidated damages section that species exact dollar amounts
to be deducted from monthly invoices due to service failures; and, a scope of services that
species more customer friendly requirements, such as attempting to contact passengers to
notify them when their vehicle has arrived. Staff will review submitted proposals and
provide a recommendation for award of agreement for the Council's consideration.
S: \Public Works \Everyone \Reports \Staff Reports\2008 \October \10 -15 -08 (Paratransit RFP).doc wr y
Honorable City Council
October 15, 2008
Page 2
FISCAL IMPACT
The FY 2008/09 budget includes $66,000 for Paratransit services. At this time, it is
expected that the current budget should be sufficient. If bids are significantly higher than
the current program cost, staff will provide a Budget Adjustment for Council action at the
time of bid award.
STAFF RECOMMENDATION
Approve the Request for Proposal and authorize staff to advertise for receipt of proposals.
Attachment A: Dial -A -Ride Paratransit Services RFP
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SAPublic Works \Everyone \Reports \Staff Reports\2008 \October\10 -15 -08 (Paratransit RFP).doc
CITY OF MOORPARK
REQUEST FOR PROPOSAL (RFP)
Q&I 7
DIAL -A -RIDE PARATRANSIT SERVICES
October 16, 2008
Bid Submission Deadline:
November 18, 2008
Proposals are due by 3:00 p.m.
Moorpark City Hall
Community Center Conference Room
799 Moorpark Avenue
Moorpark, CA 93021
Attachment A
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NOTICE INVITING SEALED BIDS
FOR
DIAL -A -RIDE PARATRANSIT SERVICES
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 November 18, 2008, at which time they will be publicly opened and read.
The purpose of this invitation is to solicit proposals for Dial -A -Ride Paratransit Services.
Bids must be prepared on the approved Proposal Forms in conformance with the
Instructions to Bidders and submitted (one original and one copy) in a sealed envelope
plainly marked on the outside, "DIAL -A -RIDE PARATRANSIT SERVICES — DO NOT
OPEN WITH REGULAR MAIL ". The City of Moorpark City Council reserves the right to
waive any informalities or irregularities in any proposal submitted, to reject any or all
proposals, and to award agreements to one or more contractor for one or more of the
RFP items. Proposals will remain valid for ninety days while the City reviews the bids.
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).
• Bids 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.
Bid Packets and Proposal Forms may be picked up at Moorpark City Hall, 799
Moorpark Avenue, or mailed upon request.
A pre -bid meeting and site inspection will be held on November 4, 2008, at 11:00 a.m.,
at Moorpark City Hall Development Services Conference Room, 799 Moorpark Avenue,
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Moorpark, CA 93021 to discuss the project. Interested bidders are strongly encouraged
to attend.
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
The deadline for questions is Thursday, November 6, 2008, at 5:00 p.m. All questions
will be recorded and submitted, with answers, to all known bidders by Thursday,
November 13, 2008.
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TABLE OF CONTENTS
PAGE
I. Introduction .......................................................... ............................... 5
11. Services to be Performed ......................................... ..............................6
III. Proposal Content / Format ......................................... ..............................6
IV. Proposal Evaluation and Selection ............................ ..............................7
VI. General Proposal Terms & Conditions ...................... ..............................8
A. Agreement Requirement
B. Communications Regarding RFP
C. Modification or Withdrawal of Submittals
D. Property Rights
E. Confidentiality
F. Non - Commitment of City
VI. Proposal Checklist ................................................. ..............................9
APPENDIXES
A. Scope of Services
B. Proposal Cost Form
C. Proposer Reference Form — Parts I & II
D. Vehicle Identification Forms — Parts I and II
E. Sample Agreement
Attachments:
1. Documentation of Insurance Coverage Requirements
2. Liquidated Damages
3. FTA Requirements
Exhibit 1: Certifications of Primary Participation Regarding Debarment, Suspension,
and other responsibility matters
Exhibit 2: Lobbying Certification
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This RFP seeks proposals from qualified firms to operate and manage Dial -A -Ride
Paratransit services for the City of Moorpark (City) consisting of curb -to -curb demand
responsive transportation for senior (aged 62 +) citizens and persons with disabilities
certified in accordance with the Americans with Disabilities Act (ADA). Senior Dial -A-
Ride trips occur within the City. ADA service includes Moorpark with limited Inter -City
ADA service to neighboring cities of Thousand Oaks and Camarillo, and coordinated
transfers to nearby Paratransit systems, including but not limited to, Simi Valley Dial -A-
Ride, Gold Coast Access, and L.A. Access.
The City of Moorpark is a municipal corporation located in Ventura County, California.
Moorpark is about twelve square miles in size, with a population of a little over 36,000.
The City of Moorpark provides a wide range of community services including transit,
Paratransit, recreation and Active Adult (senior citizen) programs in Moorpark. The City
prides itself in the quality of services it delivers to its residents.
Operations of the transportation services contemplated by this RFP shall be conducted
in accordance with the terms and conditions contained herein, in the Scope of Services
(Appendix A), the Sample Agreement (Appendix E) and other documents, laws and
regulations governing this project.
Services to be Performed
Proposals shall be for providing dispatchers, vehicles and drivers for Dial -A -Ride
Paratransit Services, and maintaining sufficient relief drivers and backup vehicles to
ensure uninterrupted service. The Dial -A -Ride is a curb -to -curb demand responsive
service to participants that have been pre - qualified by either the City (for Senior Dial -A-
Ride) or the Ventura County Transportation Commission (VCTC) (for ADA Paratransit).
In Fiscal Year 2007/08, 350 Senior Dial -A -Ride trips and 1,758 ADA Paratransit trips
were provided. Senior Dial -A -Ride trips averaged 3.5 miles per trip and ADA
Paratransit trips averaged 12 miles per trip. Together, the Intra -City and Inter -City
services average 9 trips per day.
In addition to the basic level of service described above, proposals shall be for
preparing reports and maintaining records as specified by the City of Moorpark.
Moorpark Intra -City Senior & ADA Paratansit: The City offers Senior Dial -A -Ride
service to residents aged 62 and older and persons with disabilities certified under the
Americans with Disabilities Act (ADA). This is a curb -to -curb transportation service from
6:00 a.m. — 6 :00 p.m. weekdays within the Moorpark City limits.
For Senior service, a one -page application must be completed in order to enroll in the
program. ADA certification requires a more detailed application.
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Applications for Senior and ADA services are available from the City of Moorpark. The
ADA application originates from VCTC. The rider pays $1.50 each way, and the City
subsidizes the rest of the fare within the City. Wheelchair accessible vans or vehicles
must be available, but are not always necessary.
Senior Nutrition Transportation Program: VCTC and the Ventura County Area Agency
on Aging provide an Older Americans Act (OAA) grant to support senior nutrition
transportation services. Any senior citizen going to the Moorpark Active Adult Center
meal site within one hour before and after the meal is served (usually at Noon) may ride
the Senior Dial -A -Ride & ADA Paratransit and the fare is a suggested donation of $1.50
per trip. Should a rider not pay the full $1.50 donation in lieu of the fare, the remainder
is added to the City subsidy. To use the service, the senior citizen must register for the
service within the City.
Inter -City ADA Paratransit: This service enables ADA - certified persons with disabilities
to travel from Moorpark to Thousand Oaks or Camarillo. The rider pays $3.00 per trip
for travel to and from Thousand Oaks/Westlake Village and the Simi Valley transfer
point. The rider pays $4.50 per trip for travel to and from Camarillo, Oak Park and the
Gold Coast transfer point.
Contractor will be responsible for reservations and scheduling of Dial -A -Ride &
Paratransit service requests. These responsibilities are identified in the Scope of
Service.
The City, at its sole option, may contract with more than one operator or expand or
reduce services during the term of the Agreement. Proposers are encouraged to review
the Scope of Service (Appendix A) and Sample Agreement (Appendix E) for more
information regarding operation of services.
III. Proposal Content/Format
Prospective contractors shall submit a proposal with the required Proposal Cost Form
(Appendix B); Proposer Reference Form — Parts I and II (Appendix C); Vehicle
Identification Forms — Parts I and II (Appendix D); Required documentation of
insurance coverage (Attachment 1); Required documentation of FTA (Attachment
2), including certification of primary participation regarding debarment,
suspension, and other responsibility matters (Exhibit 1); and Lobbying
Certification (Exhibit 2). 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).
Submit proposal to: City of Moorpark
City Clerk's Office
799 Moorpark Avenue
Moorpark, CA 93021
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PROPOSALS MUST BE RECEIVED BY THE CITY NO LATER THAN 3:00 P.M., ON
NOVEMBER 18, 2008.
IV. Proposal Evaluation and Selection
The Proposal Cost Form, Proposer Reference Forms, Vehicle Identification Forms,
required documentation of insurance coverage, required FTA documentation, including
certification of primary participation regarding debarment, and lobbying certification
must be sealed and received by the City up to the hour of 3:00 p.m. on the 18th day
of November, 2008. Proposals received after the time and date specified above will
not be considered and will be returned unopened.
All bids received shall be evaluated with the emphasis placed on-
1 . The proposing firm's ability to meet City requirements.
2. The responsiveness of the bid.
3. The quality of the equipment quoted for the required cost.
4. Other factors such as the ability to meet service dates and the general
competence of the bidder.
5. Cost shall be evaluated in relation to other qualified bidders. The City need
not select the lowest bidder, but may choose according to the lowest qualified
bid in the best interest of the City.
It should be noted that this is an informal bid. No formal bid opening shall be
conducted, but bid results will be available approximately two weeks following the
published deadline.
Unsigned proposals or proposals signed by an individual not authorized to bind the
prospective Contractor 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 contractor 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.
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A sample of the proposed Agreement is attached herein as Appendix E. The Contractor
shall adhere to the provisions of this Agreement. The Contractor shall advise the City,
in the proposal transmittal letter, of any provision which they have alternative wording or
any provision which they cannot accept.
Any Agreement awarded as a result of this RFP will be awarded without discrimination
based on race, color, religion, age, sex, or national origin.
V. General Proposal Terms and Conditions
Agreement Requirement - The Contractor to whom the Agreement is awarded shall
execute a written Agreement with the City within ten (10) calendar days after notice of
the award has been sent by mail to the Contractor at the address given in the Proposal.
The Agreement shall be made in the form approved by the City and incorporated in this
RFP. Any exceptions, concerns, or requests to modify the Sample Agreement must be
provided in writing and submitted with the Contractor's Proposal. The Contractor
warrants that it possesses, or has arranged through subcontracts, all capital and other
equipment, labor and materials to carry out and complete the work hereunder in
compliance with all applicable federal, state, county, and City laws, ordinances, statutes
and regulations.
Communications Regarding RFP - If a prospective contractor 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 by November 6, 2008, 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 contractor. 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
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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.
VI. Proposal Checklist
All of the following items must be included in the submitted proposal in order to be
considered complete. Prospective contractor may include additional materials as
necessary. Contractor should submit an original proposal and one copy. The proposal
must include the following-
1 . Proposal Cost Form (Appendix B)
2. Proposer Reference Form — Parts I and II (Appendix C)
3. Vehicle Identification Forms — Parts I and II (Appendix D)
4. Required documentation of insurance coverage (Attachment 1)
5. Required documentation of FTA (Attachment 2), including certification of primary
participation regarding debarment, suspension, and other responsibility matters
(Exhibit 1) and Lobbying Certification (Exhibit 2)
6. Proposer Supplied Additional Information
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APPENDIXES
APPENDIX A - SCOPE OF SERVICES
APPENDIX B - PROPOSAL COST FORM
APPENDIX C - PROPOSAL REFERENCE FORM
APPENDIX D -VEHICLE INDENTIFICATION
APPENDIX E - SAMPLE AGREEMENT
ATTACHMENTS:
1. DOCUMENTATION OF INSURANCE COVERAGE REQUIREMENTS
2. LIQUIDATED DAMAGES
3. FTA REQUIREMENTS
EXHIBITS
1: CERTIFICATIONS OF PRIMARY PARTICIPATION REGARDING DEBARMENT
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
2: LOBBYING CERTIFICATION
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 or 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, furthermore, the
Contractor shall indemnify and hold harmless the City and the State of California from any
liability, damages, claims, costs, and expenses of any nature arising from alleged violation
of such laws.
Contractor 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.
Section 3: Dispatch
The Contractor must maintain a dispatch center with scheduling and communications
capabilities sufficient to meet federal 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 riders carried and
minimize circuitous routing while maintaining on -time performance. Dispatcher shall
advise riders 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
passenger's requested time. For example, if an ADA passenger requests a 10 :00 a.m.
pick up, the Contractor must be able to pick up that passenger 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.
Contractor shall use the provided Trapeze Dispatch Program, equipment and any
additionally provided program to enhance the demand response and reservation
system. The Trapeze Program and equipment is provided by 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 riders.
Reservation guidelines are as follows:
Intra -City travel: May call two hours in advance of requested pick -up time. For
example, call at 10 :00 a.m. for a Noon pickup. If the resident has an appointment he or
she needs to make, or uses a wheelchair, the resident 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, riders 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
vehicles used for passenger conveyance shall be operated with due regard for the
safety, comfort, and convenience of the public. The Contractor shall be responsible for
complying with all applicable federal, state, and local laws and requirements.
The Contractor shall be responsible for ensuring compliance with the Americans with
Disabilities (ADA), 49 CFR Parts 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 riders including name,
address, telephone number, disability, and any other information that will assist
the driver.
2. Receive Paratransit reservation requests via the telephone. Rider 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 riders have been
adequately served with a taxicab or town car. This is acceptable as long as the
rider is not inconvenienced by not being transported in an accessible vehicle.
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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
practicable extent throughout the operating day. Vehicles shall be swept and
dusted daily. Interior panels, windows, and upholstery shall be cleaned of marks as
necessary. The interiors of all vehicles shall be thoroughly washed at least once
per week, including all windows, seats, floor, stanchions, and grabrails. All foreign
matter such as gum, grease, dirt, and graffiti shall be removed from interior
surfaces during the interior cleaning process. Any damage to seat upholstery shall
be repaired at the end of each day. Ceilings and walls shall be thoroughly cleaned
at least once per month, or more often as necessary. Destination sign interior glass
shall be cleaned as necessary to maintain a clean appearance and maximize
visibility.
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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 manufacture's
specifications.
The City, at its own expense, may inspect the vehicle(s) to ensure that regular
preventive maintenance and other is being performed.
6.5 Vehicle Repairs: All repairs to the 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
manufacture's specifications.
Repair work shall be conducted as soon as practicable upon learning that such
work is required. The Contractor shall perform repair work expeditiously in
response to identification of problems by drivers or other staff members. The
Contractor shall assure the City that required repairs shall not be deferred beyond a
reasonable time.
15 .M{c.
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 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.
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
iP
shall review current 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 of Moorpark.
Drivers are required to possess a valid California Class "B" or "C" driver's 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 Lifescan 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 DWI /DUI 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 passengers with transfers, ensure that fares
are collected and deposited in the farebox, assist elderly and handicapped riders, refuse
rides to unruly passengers, stay on schedule, obey all traffic laws, and enforce all City
transit passenger rules. Drivers shall not smoke on the vehicles or allow passengers to do
the same.
The City's Senior Dial -A -Ride and ADA Paratransit service is curb -to -curb, which means
the passenger should meet the vehicle. However, the following procedures have been
established to ensure that passengers have an opportunity to board Paratransit vehicles
in a timely fashion when building design, weather, or other barriers prevent the passenger
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 passenger 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 passenger is a "No- Show ". If time permits, the
Dispatcher will direct the driver to:
- secure the vehicle (set parking brake and remove key);
- 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 passenger [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.
17
• Should the passenger 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
passenger is a "No- Show ".
B. The following procedure is for private passenger residences:
In the event that a scheduled passenger 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;
• Secure the vehicle;
• If the schedule does not permit waiting additional time, the Dispatcher
will place a telephone call, informing the passenger that the vehicle is
outside;
• After confirming the vehicle's arrival with the passenger, the
Dispatcher will advise the driver that the passenger is en route to the
vehicle;
• If no answer is received, the Dispatcher will direct the driver to
continue in service, noting that the passenger 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 limited
to, the following:
A. Listing of all vehicle breakdowns /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.
D. Total passenger counts by demographic category and fare (senior, ADA,
Intra, Inter) and day.
im
E. Passenger counts by payment method (cash, pass, free meal trip, transfer)
by day.
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,
passenger count by fare, vehicle hours, vehicle miles, vehicle revenue hours, vehicle
revenue miles, passengers per hour, wheelchair boardings, passenger trip denials, and
Dial -A -Ride passenger no- shows.
Section 9: Fares
The Contractor will collect fares as established by the City of Moorpark. Currently, the
fares are (one way):
Intra City
(Senior or ADA service): $1.50 per rider
City Senior Nutrition trips: $1.50 suggested donation
Inter -City ADA trips: $3.00 per rider (Thousand Oaks/Westlake, Simi Valley)
$4.50 per rider (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 passenger 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
fa re.
A few ADA passengers that attend Adult Day Care Centers receive vouchers from the
Center. The Contractor must keep track of those particular passengers' trips and bill the
respective Center for payment. The passengers' fare should be discounted from the City's
invoice as if they were paying a cash fare.
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. 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.
`l el
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 the following
information:
• Driver sheets for all trips providing, which should include the following:
- Drivers name and vehicle ID #
- Date
- Appointment Time
- Actual pick up Time
- Actual drop off Time
- ADA # (if applicable)
- Passenger Name
- Inter or Intra Trip Designation
- Pick up Address
- Destination Address
- Fare Paid/Transfer
- Odometer at Pick up Point
- Odometer at Drop off Point
- Mileage /trip
- Total mileage
- Was a PCA included
- Total Trips
- Total Passengers
APPENDIX B
PROPOSAL COST FORM
In response to the Request for Proposals for Dial -A -Ride Paratransit Services from the City of
Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined.
Cost — Dial -A -Ride Paratransit Services.
Year i — january 1, 2009 — December 31, 2009
Initial cost, flag drop (base cost per trip) $
Cost per mile $
Year 2 — january 1, 2uiu — uecember 3'I, 2u -iu
Initial cost, flag drop (base cost per trip) $
Cost per mile $
Year 3 — january i, 2ui i — December si, 2u-i
Initial cost, flag drop (base cost per trip) $
Cost per mile $
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.
PROPOSER-
CONTACT-
TITLE:
ADDRESS:
TELEPHONE: EMAIL:
SIGNATURE: TITLE:
21 J�'`�
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
22
APPENDIX C
PROPOSER REFERENCE FORM - PARTS I AND II
PART I
GENERAL INFORMATION
1. NAM
2. Bidder is a: (circle one)
Corporation /Partnership /Association /Sole Proprietorship
3. Bidder's address and Telephone �Number:
4. Name, Title, Telephone Number, & Email Address of Bidder's Authorized
Representative:
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.
B.
C.
23
PART II
Client List for Transportation Services Currently and/or Previously Provided:
1. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
2. Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
I Client Name:
Client Address:
Contact Person:
Telephone Number:
Period of Service:
,.
24
APPENDIX D
VEHICLE IDENTIFICATION FORMS - PARTS I and II
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
7. Engine/Transmission Type
8. Overall Length
9. Exterior Width
10. Interior Height
11. Aisle Width
12. Step Height from Ground
13. Destination Signs (Describe Location and Functions):
14. Wheelchair Equipment (Describe Type /Model /Manufacturer and attach
photograph)
If any used vehicles are proposed, complete Part II of this form.
25
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
2. Primary or Back -Up Vehicle
3. Vehicle Type /Model /Manufacturer
4. Date of Manufacture
5. Passenger Seating Capacity
6. Gross Vehicle Weight Rating
7. Engine/Transmission Type
8. Vehicle Length and Exterior Width
9. Interior Height & Aisle Width
10. Step Height from Ground
11. Destination Signs (Describe Location and Functions):
12. Wheelchair Equipment (Describe Type /Model /Manufacturer and attach
photograph)
26
.. `..y ..> R:.
13. Total Accumulated Vehicle Mileage:
Date of odometer reading:
14. Number of Miles & Hours on Engine and Transmission Since Last Overhaul:
15. Tire Condition: (circle one)
Comments:
New Used Recapped
27 :':
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 "Contractor ".
WITNESSETH
The Parties hereto do agree as follows:
1. Term — The term of this Agreement shall be from January 1, 2009, and will
continue in effect until the completion of the project on December 31, 2011,
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 4 and the Contractor's Proposal is hereby incorporated in and made
a part of this Agreement as Attachment 5.
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 4), then to the language of the Proposal (Attachment 5), and then to
the other Agreement Documents in the order above set forth.
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 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.
28 _���
Each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, oral or otherwise, not embodied herein,
shall be valid or binding and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. This Agreement shall not
be amended in any way except by a writing expressly purported to be such an
amendment, signed and acknowledged by both of the parties hereto.
3. Definitions — "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; be of
the size, capacity, and design specified in 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 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 accompanies 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 January, 2010 and each
January 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 schedule.
29
8. Contractor's Obligations — For and in consideration of the payments and
agreements herein before mentioned to be made and performed by City,
Contractor agrees with City to provide services as specified and to do everything
required by this Agreement, the said 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.
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. Hold Harmless and Indemnification — 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 any individual or entity for which Contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of
Contractor.
City does not and shall not; waive any rights that it may have against Contractor
by reason of Paragraph 9, 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 9 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.
30
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,
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 — Upon completion of any writing required to be
provided by Contractor in the course of performing any of the above described
services, or upon termination of this Agreement, all original documents prepared by
Contractor shall become the sole property of the City and may be used, reused or
otherwise disposed of by the City without the permission of the Contractor.
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. 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.
19. 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, sex, national origin or ancestry, or religion of such person(s).
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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..
32
Steven Kueny
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Mailed notices shall be addressed to the Contractor as follows:
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 (2 d) day after mailing.
28. 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.
29. 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 Contractor
pursuant to this Agreement, and shall be the City's agent in this matter.
30. Conflicts of Interest — The Contractor shall disclose any financial, business or
other relationship with the City that may have an impact upon the outcome of the
Agreement.
33 `r >'
WITNESS the execution of this Agreement.
CITY OF MOORPARK
Steven Kueny, City Manager
Date:
ATTEST
Deborah S. Traffenstedt, City Clerk
CONTRACTOR
Name, Position
Date:
34
r F
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. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits
by one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$10,000;000 aggregate.
35
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
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
36
'M ' 4.,
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.
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.
37
4 _. -
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.
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
38
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.
39r'
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 contract 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 0
Service start -up
Service will commence on
$200 every calendar day service
January 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 CHP Vehicle and
$200 for each vehicle which fails
Safety
Terminal Inspection of
inspection
Contractor provided vehicles
and facility.
The incidence of City- verified
Should verifiable service
Complaints
service complaints will be no
complaints exceed 3 per month,
greater than three (3) per
$75 per month.
calendar month
40
Reservation On-
time performance
15 minutes before and up to
15 minutes after the
scheduled pick -up time.
If more than 10% of trips during a
quarter are late, $75 per quarter.
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.
41 a >
,�
.Y .
ATTACHMENT 3
FTA REQUIREMENTS
1. Medical /Drug /Alcohol Testing
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 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, the U.S. Department of Transportation 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 Contract.
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)
In connection with the performance of this Agreement, the Contractor shall cooperate
with the Ventura County Transportation Commission in meeting commitments and goals
with regard to the maximum utilization of Disadvantaged Business Enterprises and will
use its best efforts to ensure that Disadvantaged Business Enterprises 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.
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
42;
CY
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
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.
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 Contract 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, national origin, marital status, or any handicap 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 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 Department of Labor 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.).
43
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 (hereinafter referred to as the "Contractor ") agrees as follows:
A. Compliance with Regulations: The Contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the
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, Including 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
44
1� _,,. w
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 or 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
45
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 DOT or the City shall upon its own action or upon written request of an
authorized representative of the Department of Labor, 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 contract 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 DOT and the Department of Labor, and the Contractor or
sub - contractor 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 Purchaser and Contractor acknowledge and agree that, notwithstanding
any concurrence by the Federal Government in or approval of the solicitation or
46 z
award of the underlying contract, absent the express written consent by the
Federal Government, the Federal Government is not a party to this contract
and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(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 U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its
actions pertaining to this Project. Upon execution of the underlying contract, 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 contract or the FTA assisted project for which this contract 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. Lobbyinq
Contractor shall file the certification required by 49 CFR part 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
47
member of Congress, officer or employee of Congress, or an employee of a
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 U.S. Department of transportation (DOT),
whether or not expressly set forth in the preceding provisions. All contractual
provisions required by DOT, 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
48 ,;
to carry out the transit operations work on the underlying contract in
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 U.S. DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and
conditions are identified in the letter of certification from the U.S. DOL 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 U.S. DOL 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(a)(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), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S.
DOL'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 U.S. DOL 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 U.S. DOL or any revision
thereto.
(4) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with
Federal assistance provided by FTA.
49
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), CERTIFIES
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND
UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ.
ARE APPLICABLE THERETO.
Signature of Contractor's Authorized Official Date
Typed Name and Title of Contractor's Authorized Official
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 , 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.
Signature & Title of Authorized Official
Date
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of e era c ion:
a us o ederal Action:
3. Report Type:
Ella. contract
b. grant
❑2 a. bid /offer /application
03 a. initial filing
c. cooperative agreement
b. initial award
b. material change
d. loan
c. post -award
For Material Change Only:
e. loan guarantee
Year _ Quarter
Date of Last Report
f. loan insurance
4. Name and Address of epo ing Entity:-
repo ing entity in No. 4 is SubawardeD, enter Name an
Address of Prime:
��-II""
i1► Prime ❑5 Subawardee Tier ❑ if known
Congressional District, if known:
Congressional District, if known:
6. Federal epa men gency:
7. Fe Jeral Program N ame escrip ion:
CFDA Number, if applicable:
e era c ion Number, it nown:
9. Award Amount, it nown:
a. Name and Address of o ying Entity
b. individuals e orming ervices
(if individual, last name, first name, MI):
(including address if different from No. 10a)
(last name, first name, MI):
(attach Continuation Sheet(s)
SF- LLL -A, if necessary)
Amount of aymen (check all a apply):
13. Type of aymen (check a a app y
$ LJO actual E17 planned
010 a. retainer
12. Form of Payment (check all that apply):
❑11 b. one -time fee
I
uu a. cash
❑12 c. commission
E19 in
Ell d. contingent fee
b. -kind; specify: nature
Ell deferred
value
e.
015 d. other; specify:
Brief escrip ion o Services a orme or o e Performed an a e s o ervice, me u ing o icer s , emp oyee s , or Member(s)
contacted, for Payment indicated in Item 11 (attach Continuation Sheet(s) SF- LLL -A, if necessary):
Continuation Sheet(s) - - a ac a es E117 No
information reques a roug is form Ts—authorized by I i e
U.S.C. section 1352. This disclosure of lobbying activities is a material
Signature:
representation of fact upon which reliance was placed by the tier above
when transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to the
Print Name:
Congress semi - annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
Title:
such failure.
Telephone No.: Date:
era e n y: -
Authorized or Local epro uc ion
Standard Form -LLL
52
INSTRUCTIONS FOR COMPLETION OF SF -LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or
prime Federal recipient, at the initiation or receipt of a covered Federal action, or a
material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing
of a form is required for each payment or agreement to make payment to any lobbying
entity 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 a covered Federal action. Use the SF -LLL -A
Continuation Sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for
additional information.
Identify the type of covered Federal action for which lobbying activity is and /or
has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report
caused by a material change to the information previously reported, enter the
year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity.
Include Congressional District, if known. Check the appropriate classification of
the reporting entity that designates if it is, or expects to be, a prime or subaward
recipient. Identify the tier of the subawardee, e.g., the first subawardee of the
prime is the 1 st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee ", then enter
the full name, address, city, state and zip code of the prime Federal recipient.
Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment.
Include at least one organizational level below the agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action
(item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal
action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation
for Bid (IFB) number; grant announcement number; the contract, grant, or loan
award number; the application /proposal control number assigned by the Federal
agency). Include prefixes, e.g., "RFP- DE -90- 001 ".
53
9. For a covered Federal action where there has been an award or loan
commitment by the Federal agency, enter the Federal amount of the award /loan
commitment for the prime entity identified in Item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity
engaged by the reporting entity identified in item 4 to influence the covered
Federal action.
(b) Enter the full names of the individual(s) performing services, and include full
address if different from 10 (a). Enter Last Name, First Name, and Middle
Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by
the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether
the payment has been made (actual) or will be made (planned). Check all
boxes that apply. If this is a material change report, enter the cumulative
amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made
through an in -kind contribution, specify the nature and value of the in -kind
payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify
nature.
14. Provide a specific and detailed description of the services that the lobbyist has
performed, or will be expected to perform, and the date(s) of any services
rendered. Include all preparatory and related activity, not just time spent in
actual contact with Federal officials. Identify the Federal official(s) or
employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress
that were contacted.
15. Check whether or not a SF -LLL -A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his /her name, title and
telephone number.
Public reporting burden for this collection of information is estimated to average 30
minutes per response, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to
the Office of Management and Budget, Paperwork Reduction Project (0348- 0046),
Washington D.C. 20503.
54
Disclosure of Lobbying Activities
Continuation Sheet
Reporting Entity: Page of
55 -