HomeMy WebLinkAboutAGENDA REPORT 2017 0503 CCSA REG ITEM 10F ITEM 10.F.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCILexTioN: _ �—
AGENDA REPORT
TO: Honorable City Council
FROM: Sean Corrigan, City Engineer/Public Works Director r).-"'
Prepared by: Shaun Kroes, Program Manager
DATE: April 21, 2017 (CC Meeting of 05/03/17)
SUBJECT: Consider Award of Agreement to Durham School Services L.P.,for Bus
Excursions and Charter Bus Transit Services
BACKGROUND
On March 5, 2017, the City Council authorized staff to advertise a Request for Proposal
(RFP) for bus excursions and charter bus transit services. The solicitation asked for
proposals for school bus type services for the Moorpark Beach Bus, as well as Camp
Moorpark and Adventure Camp(Camp Moorpark). The scope of services also includes the
possibility of excursion trips for the Active Adult Center; however, no specific trips are
planned at this time.
Proposals were due April 4, 2017 at 3:00 p.m. The City received two (2) proposals from
Durham School Services L.P., (Durham), and Santa Barbara Transportation Corp., doing
business as Student Transportation of America, Inc. (STA). The RFP and proposals are
available for review in the Large Conference Room. Electronic versions of the documents
can be provided upon request.
A summary of the pricing for Summer 2017 from each proposal is shown in Table 1 below.
For a comparison of daily costs, a sample trip of 10 hours was used.
Table 1: Pricing Comparison
Durham STA
First Five Hours $378.85 $420.00
Additional Per-Hour Fee $54.12 $60.00
10 Hour Trip $649.45 $720.00
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Honorable City Council
May 3, 2017
Page 2
DISCUSSION
Upon review of the proposals, staff recommends the award of an Agreement(attached)to
Durham to provide bus excursion services. Durham's facility is located in Thousand Oaks,
which is within the 35-mile maximum distance requirement included in the City's RFP.
Durham has indicated that its wheelchair accessible vehicle will be able to arrive in
Moorpark within 30 minutes of an initial request. Durham has one wheelchair accessible
backup vehicle located at its Thousand Oaks facility that can be utilized when needed.
Durham also has access to other wheelchair accessible backup vehicles from its Ventura
location.
Durham proposes to utilize two primary buses for the Moorpark Beach Bus Program and
Camp Moorpark. Durham has an additional three backup buses and one wheelchair
accessible vehicle. The seating capacity of the two primary buses and three backup buses
is 82 passengers. The City's RFP required that all contractor-provided vehicles have no
more than 75,000 original miles at the start of the services. All of Durham's proposed
buses meet the mileage standard.
The excursion rate proposed by Durham is $75.77 per hour for the first five hours (per
bus). For each additional hour the rate decreases to $51.12. The City's 2016 rate was
$74.29 for the first five hours and $53.06 each additional hour. Durham's proposed pricing
is approximately 2.00% higher than the 2016 rate. Durham also proposes a 2.00%
increase each year for the three years that it will provide service (2017 through 2019).
FISCAL IMPACT
Estimated costs to operate the Beach Bus and Camp Moorpark services for 2017 are as
follows:
• Beach Bus $21,000.00
• Camp Moorpark $19,500.00
It is estimated that$4,000.00 of the Beach Bus cost will be offset by fares for an estimated
maximum net cost of$17,000.00. As in previous years,the$17,000.00 will be funded from
the City's Transportation Development Act(TDA)funds: Sufficient TDA funds have been
budgeted for this purpose. TDA funds not spent on transit projects are spent on streets
and roads projects. Bus costs for Camp Moorpark and Adventure Camp are funded by
camp registration fees. Staff is recommending establishing a total, not-to-exceed amount of
$130,000.00 for the three-year term with Durham.
In addition to the Beach Bus cost, the City will have to pay the Los Angeles County
Department of Beaches and Harbor(LA County) a permit fee for utilizing Zuma Beach and
for parking (estimated at $250.00).
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Honorable City Council
May 3, 2017
Page 3
STAFF RECOMMENDATION
Authorize award of Agreement to Durham School Services, L.P., in an amount not-to-
exceed $130,000.00; and authorize the City Manager to sign the Agreement, subject to
final language approval of the City Manager.
Attachment: Agreement
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
DURHAM SCHOOL SERVICES, L.P., FOR BUS EXCURSION AND CHARTER
SERVICES
THIS AGREEMENT, made and effective as of this day of
, 2017, between the City of Moorpark, a municipal
corporation ("City") and Durham School Services, L.P., a limited partnership
("Contractor"). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
WHEREAS, City has the need for bus excursion and charter services; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Contractor has submitted to City a Proposal dated April 4, 2017,
which is attached hereto as Exhibit A.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to the completion
of the project on December 31, 2019, unless this Agreement is terminated or
suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide bus excursion and charter services, as set forth in
Exhibit B. In the event there is a conflict between the provisions of Exhibit B and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B. Contractor
shall complete the tasks according to the schedule of performance, which is also set
forth in Exhibit B.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C. Contractor shall be permitted to include a Public Utilities
Commission (PUC) Fee of one quarter of one percent (0.25%) of the daily rate
submitted in Exhibit C. Compensation shall not exceed the rates or total contract value
of one hundred thirty thousand dollars ($130,000.00), without a written amendmentto
the Agreement executed by both parties. Payment by City to Contractor shall be in
accordance with the provisions of this Agreement.
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3. DEFINITIONS
"Passenger" shall mean any person utilizing the services provided by the
Contractor as described in Exhibit B.
"Vehicle" or "backup vehicle" shall mean a bus or van designated by the
Contractor for use in providing services under this Agreement, including but not limited
to a primary vehicle, an additional wheelchair accessible vehicle and a backup or
replacement vehicle if needed due to a mechanical breakdown, traffic incident, or any
reason whatsoever to provide transportation services under this Agreement. The
backup or replacement vehicle shall be equipped with a wheelchair lift and be of the
size, capacity, and design specified in Exhibit B, or, there shall be .a secondary
wheelchair accessible vehicle that will serve as a backup vehicle to the primary
wheelchair accessible vehicle. All vehicles shall be in a safe and good working order.
The City shall have the right to approve the suitability of any vehicle used by the
Contractor under this Agreement.
"Revenue hours" shall mean the time when a vehicle is available to the general
public and there is an expectation of carrying passengers.
4. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
5. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be , and no other individual
may be substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager's designee.
6. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
Compensation for services to be performed by the Contractor shall not exceed
the daily rate submitted in the Contractor's Cost Proposal Form in Exhibit C without
additional authorization by the City. Contractor shall be permitted to include a PUC Fee
of one quarter of one percent (0.25%) of the daily rate submitted in Exhibit C. Services
Durham School Services Page 2 7 3
shall be billed in accordance with Contractor's proposal as it is accepted by the City.
The City shall only pay for services actually rendered. Services rendered shall
specifically exclude time for travel to and from the Contractor's storage facility and
downtime for road assistance.
If the Contractor fails to complete the work, fails to provide service for an entire
day, or causes a default as specified in Section 10, Liquidated Damages, the City may,
at its sole option, notwithstanding other rights and remedies, assess the Contractor at
the hour rate detailed in Exhibit C for the respective year and at the same rate for each
fraction of an hour rounding up the nearest quarter hour, beginning at onset of service
failure or time of an incident that causes service to be interrupted. This assessment
shall be deducted from any payment(s) due or to become due to Contractor under the
terms of this Agreement. No payment by City shall be construed as a waiver of City's
rights to deduct the assessment and the assessment may be deducted from any
subsequent payment.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
_ time spent on the above tasks. This amount shall not exceed one hundred thirty
thousand dollars ($130,000.00) for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Invoices shall be
accompanied with attachments specified in Exhibit B. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager. If the City disputes any of
Contractor's fees or expenses it shall give written notice to Contractor within thirty (30)
days of receipt of any disputed fees set forth on the invoice.
7. TERMINATION OR SUSPENSION WITHOUT CAUSE
This Agreement, or portions thereof, may be terminated, cancelled or suspended
in any one of the following manners:
A. By mutual written agreement of the parties.
B. Upon ten (10) days written notice by City or thirty -(30) days written notice by
Contractor, with or without cause.
C. If in the sole subjective judgment of City at any time or times after the execution
of this Agreement, Contractor fails to perform the services required to be
provided in accordance with the terms hereof, or fails to comply with any of the
requirements and terms of this Agreement the City, upon at least seventy-two
(72) hours written notice to Contractor, and without prejudice to any other
remedies the City may have, may terminate Contractor's services and any
obligations the City may otherwise have under this Agreement. The written
notice shall instruct Contractor to cease its services as of a specified day, and
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City shall have no further obligation to pay for services tendered or otherwise
after such date.
D. If in the sole subjective judgment of City at any time or times after the
execution of this Agreement Contractor fails to maintain in force throughout
the term of this Agreement, including any extensions thereof, the insurance
coverage required herein, or Contractor effects any willful acts or omissions
that endanger the public health and safety, the City may immediately, without
prior notification, and without prejudice to any other remedies the City may
have, suspend Contractor's services and any obligations the City may
otherwise have under this Agreement. Upon receiving written notice of
immediate suspension, Contractor shall have up to fourteen (14) days to cure
or remedy cause for suspension; however the City may, at the City's sole
discretion, terminate this Agreement within the suspension period. Should the
Contractor cure or remedy the cause for suspension, and the cure or remedy
is accepted, in writing, by the City, Contractor may resume services.
8. BACKGROUND CHECKS
Contractor shall be registered with the Department of Justice as a Human
Resources Agency. Contractor shall at a minimum perform background checks on
drivers utilizing a vendor such as Live Scan to ensure that drivers with inappropriate
backgrounds are not employed to provide services under this Agreement. Drivers shall
have no felony conviction history.
9. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Contractor. If such failure •
by the Contractor to make progress in the performance of work hereunder arises out of
causes beyond the Contractor's control, and without fault or negligence of the
Contractor, it shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have fourteen (14) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
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10. LIQUIDATED DAMAGES
Contractor shall operate strictly according to the most current bus schedule
provided by City and to a reasonable on-time performance standard except where
service is interrupted for those reasons stated hereinafter. Service shall be provided as
scheduled or according to any adjusted schedule established by City, including route
modifications required.
The City may assess liquidated damages for the following defaults:
A. If the driver begins or ends a route late by more than twenty (20) minutes;
B. If the driver departs from a stop prior to the designated departure time;
C. If the vehicle in use on the route runs out of fuel;
D. If the driver deviates from a route or fails to follow the route as scheduled;
E. If a vehicle is not properly inspected or cleaned prior to use on the route;
F. If the driver fails to complete a route due to vehicle or driver failure,
mechanical failure;
G. If the driver fails to stop for a passenger at a designated stop;
H. If the driver fails to pickup or assist a disabled rider that requires assistance to
board and alight from the bus.
The Contractor agrees that any of the above defaults will result in damage and
injury to the City. The City and Contractor agree that actual damages occurring to the City
because of any one or more of such defaults, on a given day, will be difficult if not
impossible to ascertain with any degree of certainty or accuracy. Accordingly, the City and
the Contractor have negotiated and have agreed that for each calendar day during which
one or more defaults occur that the Contractor shall pay to the City, as and for liquidated
damages, and not as a penalty, a sum equal to the hourly rate per vehicle compensation
due to the Contractor pursuant to Exhibit C of this Agreement for each hour during which
the incident causing the default occurs.
Said payment for liquidated damages shall be deducted from any payments due or
to become due to Contractor under the terms of this Agreement. No payment by City shall
be construed as a waiver of City's right to deduct liquidated damages which may be
deducted from any subsequent payment.
Contractor shall be excused from performance of the above liquidated damages
during the time and to the extent that Contractor is prevented from performing in the
customary manner by force majeure, fire, flood, war, riot, civil disturbance, vandalism,
terrorism, epidemic, quarantine, strike, lockout, labor dispute, oil or fuel shortage, freight
embargo, rationing or unavailability of materials or products, loss of transportation facilities,
commandeering of equipment, materials, products, plants, or facilities of government, or
any other occurrences or circumstances which are beyond the control of the Contractor.
11. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
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performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City's designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
.and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor's office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
12. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents ("City Indemnitees") from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the
Contractor's performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City's active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor's performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City's option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels' fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subContractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
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City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
13. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit H attached hereto and
incorporated herein by this reference as though set forth in full.
14. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
15. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Contractor to comply with this Section.
16. ANTI DISCRIMINATION
Neither the Contractor, nor any subContractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, or
gender of such person, except as provided in Section 12940 of the Government Code.
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•
The Contractor shall have responsibility for compliance with this Section [Labor Code
Sec. 1735].
17. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
19. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their. services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no. person having such interest as an officer, employee, agent, or
subContractor. Contractor further covenants that Contractor has not contracted with nor
is performing any services directly or indirectly, with the developer(s) and/or property
owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property
and/or processing an entitlement application for property in the City or its Area of
Interest, now or within the past one (1) year, and further covenants and agrees that
Contractor and/or its subContractors shall provide no service or enter into any contract
with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
and/or public agency(ies) owning property and/or processing an entitlement application
for property in the City or its Area of Interest, while under contract with the City and for a
one (1) year time period following termination of this Agreement.
20. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
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To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Contract Administrator
Durham School Services, L.P.
4300 Weaver Parkway
Warrenville, Illinois 60555
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
21. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps maybe taken to
have the change reflected in the Agreement documents.
22. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
23. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
24. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
25. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
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alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
26. ARBITRATION
Cases involving a dispute between City and Contractor may be decided by an
arbitrator if both sides agree in writing, with costs proportional to the judgment of the
arbitrator.
27. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material. -
Exhibit A (Contractor's Proposal), Exhibit B (Scope of Services), Exhibit C
(Proposal Cost Form and Addenda), Exhibit D (Proposer Reference Forms — Parts I and
II), Exhibit E (Vehicle Identification Form), Exhibit F (List of Subcontractors), Exhibit G
(Moorpark City Transit Rules), and Exhibit H (Insurance Requirements), are hereby
incorporated and made a part of this Agreement.
28. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
29. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
30. PRECEDENCE
In the event of conflict, the requirements of the City's Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor's
Proposal.
31. 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
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not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
32. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
33. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK DURHAM SCHOOL SERVICES, L.P.
Steven Kueny, David Duke,
City Manager Chief Executive Officer
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
DURHAM
SCHOOL SERVICES
April 4, 2017
Mr.Shaun Kroes
City of Moorpark
Public Works Department
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr. Kroes,
Durham School Services is pleased to present a response to the City of Moorpark for Bus Excursions
and Charter Bus Transit Services.
Many school districts and other transportation programs throughout the United States have found that
contracting with Durham has enabled them to not only solve for student transportation challenges, but
also control costs while maintaining the highest safety standards, service, and accountability. We have
100 years of experience,and we currently partner with more than 600 school districts across North
America.
Our 96% retention rate is one of the highest in the school bus transportation industry and it didn't
happen by chance. We believe our personal attention to our district partners' needs,our commitment
to safety and our customer service philosophy and practices are the reasons our clients are satisfied.
Our proactive approach to superior customer service sets us apart from the rest.
Highlights of the proposal for the City of Moorpark include:
• A dedicated customer service staff,including four full-time management staff,a full-time office
administrator and a part-time dispatcher to be the focal point of customer service.
• Zonar GPS on all buses and practices that result in real-time benefits, enhancing communication
and maximizing efficiencies.
• A proactive maintenance program that ensures safe and reliable buses,administered by 2 full-
time maintenance professionals in our Thousand Oaks Customer Service Center.
We look forward to having the opportunity to continue our mutually beneficial partnership with the
City of Moorpark.
Respectfu ly, k
Terry Walker
General Manager, Thousand Oaks CSC
4300 Weaver Parkway I Warrenville, IL 60555
Phone: 800.950.0485 I durhamschoolservices.com
FULL-SERVICE TRANSPORTATION • ROUTE OPTIMIZATION AND SCHEDULING•SPECIAL NEEDS EXPERTISE•CHARTER BUS SERVICE
83
Executive Summary
Durham School Services is pleased to submit the enclosed
response to the request for proposal for Bus Excursions and 4"
Charter Bus Transit Services for the City of Moorpark, 4300
Department of Public Works.
WEAVER PARKWAY
We will remain continually focused on delivering our service , national express
promise:Getting students to school safely, on time and •
k.
ready to learn®. Our mission is to deliver service excellence
to earn the partnership, loyalty and trust of our customers ��
and employees.
RELY Ofd' OUR V4°URf'V& Our solid company
Durham School Services is an industry leader when it comes history is the foundation
to student transportation services. We work tirelessly to
ensure that program transitions are as smooth as possible for our strong
and communication among all parties is proactive, operational success
consistently open and effective.
toda .
THE DURHAM DIFFERENCE' 5:
Fyr• rtinn l Ct.ictnrr v S.4nrvi •f',
Our managers are constantly providing exceptional customer service. Honesty, accountability and
transparency are how we approach all matters. We will uncover problems and issues for resolution
and constantly communicate with you during all steps of the way. Private contractors are held to
higher levels of expectations, and we will seek to constantly exceed your expectations.
'R 91%of our customers would recommend the services we provide.
Consistent and timely communication is our goal.All levels of team will seek feedback to
ensure we are meeting expectations and delivering excellent customer service. Customers
and employees will be regularly surveyed;feedback will be used to make positive changes
throughout the company. Our proactive approach to superior customer service sets us
apart from our competitors.
Customer Retention Rate
Our 96%retention rate is one of the highest in the school bus transportation industry. We believe
our personal attention to the school district's needs, our safety programs and customer service
practices are the reasons our retention rate remains above the industry average.
Afiti et
�u, 1 111,1040nd C. rtPr i- ,51i `�civicf5
DURHAM
SCHOOL SIJ/Kl1
84
city of Moorpa
We provide service tailored to our customers' needs. We work
in true partnership with the districts we serve to provide
effective solutions to challenges and proactively seek ways to
assist them with issues they are facing.
A: .fety is Always Our First Prig: t ja,
The safety of each student and employee is our first commitment and Durham School Services
knows there is no substitute. We constantly strive to find the safest way to operate, not the most
expedient or least expensive.
The best trained drivers in the business work for Durham. Buses are built with safety in mind, but it
is the drivers who make the buses safe. Durham is committed to continually developing innovative
training strategies and programs designed to keep the safest drivers operating our buses. We
understand the importance of what we do, and we work tirelessly to ensure safety is our first
priority.
Hirth nf-:,i c71r1Prchin
The Durham Difference®—Our vision is to deliver service excellence to earn the trust and loyalty of
our clients,customers and employees. Durham empowers local management to make decisions
that positively impacts the customer service and satisfaction.
1
Our fleet of transit buses is commercialized for charter use.
Passenger capacities range from 78 to 87 (based on 3 per :_ _ •
seat).
s �•��:
TECHNOtiOur
ry i 9 l i i rs.,/ — — --
Durham has equipped all buses with 2-way radios which are in compliance with the narrow band
radio frequency changes mandated by the FCC.
This value-added benefit allows the district to avoid expending additional capital when
funds are limited, and it is a way to demonstrate how committed we are to partnering with
you.
2 Bus Excursi6 'aria Etter 'sit Nice Aft ti
U R H A M
DUM
85
City of Moore.
GPS i ecAliiolowy Enhanced Communicath
We will provide the Zonar® GPS tracking and EVIR system on each bus.The GPS technology will
enhance our ability address concerns by providing near real-time access to the facts.
Our current Thousand Oaks facility is located at 2323 N. Moorpark Road in Thousand Oaks.This
location houses our operations office, maintenance shop, and bus parking area.
Our most valuable asset is our team of employees. We provide a positive, fair work environment
where input is sought and valued. Our employees receive additional training, certifications, and
advancement opportunities to grow within the company. As a result, many of our supervisors
began their career with Durham as a driver and worked their way up through the organization.
Acknowledging a job well done helps keep our drivers and monitors engaged; we formally
recognize them for safety, service, participation in local community efforts, and attendance.
C- F ‘tL �..c.
Our five core values are focused on safety,customers, people, communities and excellence. We live
these values throughout the organization. Nobody else will try harder for our customers than we
do. As you will read in our proposal, our company's number one priority is getting children to
school safely, on time and ready to learn®.
_'1 777 k47 v(11 /' IA! ;r "`ll
Durham School Services has a wealth of experience, serving more than 400 educational partners
across the United States. We are delighted to be considered to provide professional services to the
City of Moorpark and are confident we can provide outstanding services to your community.
Should you have any further questions regarding this proposal, please contact Sam Eram, Region
Manager, Southern California, at (619) 203-2491.
lev
Our company's policies,programs and procedures included in this
proposal are those currently in effect. We reserve the right to
revise our policies,programs and procedures over time.
!ter sit Services
DURHAM
86
AIL
DURHAM
SCHOOL SERVICES
City of Moorpark
Department of Public Works
Request for Proposal
Bus Excursions and Charter Bus Transit Services
Table of Contents
Proposal Cost Form and Addenda (Exhibit C) Tab 1
Proposer Reference Forms-Parts I and II(Exhibit D) Tab 2
Vehicle Identification Form(Exhibit E) Tab 3
List of Subcontractors(Exhibit F) Tab 4
Required Insurance Documentation Tab 5
• Previous Certificate of Insurance (with City of Moorpark)
• Additional Insured/Additional Insured Endorsement
• Waiver of Transfer of Rights of Recovery Against Others to Us
Proposer's Credit References Tab 6
•
Per the instructions in the RFP,the documents submitted in this proposal by Durham School
Services are printed on recycled content paper(minimum of 30% post-consumer recycle content).
87
EXHIBIT B
SCOPE OF SERVICES
FOR BUS EXCURSION CHARTER BUS SERVICES
SECTION 1. SERVICE DAYS AND HOURS
MOORPARK BEACH BUS
The Moorpark Beach Bus operates from 8:50 a.m. to 6:50 p.m. for approximately nine
(9) to ten (10) weeks from mid-June to mid-August. The current intent of the City is to
offer this service on Tuesdays, Wednesdays, and Thursdays. The public transportation
service included in this Scope of Service consists of a single vehicle service for the City
with ten (10) to. eleven (11) revenue hours per day. A school bus is usually adequate
for this service. Contractor shall provide service between various stops in the City and
a beach destination, such as Zuma County Beach in Malibu. This shall be an
unsupervised public transit service. One vehicle shall make two (2) or more round trips
each day of service in accordance with a published schedule. Schedule adherence is
important for this service. Contractor shall have the ability to dispatch a secondary
vehicle ("tripper bus") in the event City requests additional passenger capacity.
The City shall determine and set fares. Contractor shall charge passengers exactly as
specified unless notified by the City that there will be a deviation from regular fares.
CAMP MOORPARK & ADVENTURE CAMP
Camp Moorpark and Adventure Camp are summer recreation programs that typically
require one or two (1 - 2) buses Monday through Friday for a ten (10) to eleven (11)
week period from June through August. Trips are taken by children ages 5-14. Trip
destinations include locations in Ventura, Los Angeles, and Santa Barbara counties.
This is a subscription service. Passengers register in advance with the City.
Passengers are supervised by City staff. The number of passengers can be up to
seventy (70) children and fourteen (14) staff. In some cases, the number of passengers
can be fewer and the City may request a smaller sized vehicle if available.
The City, at its sole option, may contract with more than one bus operator to expand or
reduce services during the term of the Agreement. The City, at its sole option, may
wish to expand or reduce these services during the term of the Agreement.
ACTIVE ADULT CENTER
Transportation from the Moorpark Active Adult Center to a local attraction such as a
museum or event site, typically within seventy-five (75) miles of Moorpark, and not
usually exceeding ten (10) hours from beginning to end. These are unsupervised trips;
however, non-staff volunteers may be present to assist with boarding and disembarking
the bus.
88
SECTION 2. ROUTES
With the exception of the Moorpark Beach Bus, trips shall have one (1) point of origin in
the City, which shall be the Arroyo Vista Recreation Center at 4550 Tierra Rejada Road
for Camp Moorpark and Adventure Camp or 799 Moorpark Avenue for the Active Adult
Center. The Moorpark Beach Bus has approximately five (5) stops for boarding and
alighting in the City. All services usually have one (1) destination point.
The City reserves the right to adjust the routes, providing notice as indicated in this
Agreement.
SECTION 3. OPERATIONS
The Contractor shall be responsible for operation of the vehicles used to provide
services contemplated by this Agreement. The Contractor shall ensure at all times that
vehicles used for passenger conveyance shall be operated with due regard for the
safety, comfort, and convenience of the public. The Contractor shall be responsible for
complying with all applicable federal, state and local laws and requirements.
SECTION 4. CONTRACTOR VEHICLES
Contractor shall provide all necessary vehicles, including one (1) primary bus and at
least one (1) backup bus to ensure continuation of service in case of a breakdown of the
primary bus. All Contractor-supplied vehicles shall have less than 75,000 original
odometer miles and shall be equipped with a wheelchair lift (or ramp) and meet ADA
standards. The Contractor shall at all times be required to have a backup vehicle
available for use in the event that the primary vehicle is unable to operate. If the
primary vehicle does not include a wheelchair lift (or ramp) the Contractor shall be
required to provide a separate wheelchair accessible vehicle upon demand. For the
Moorpark Beach Bus program, the separate wheelchair accessible vehicle shall be
provided within thirty (30) minutes of discovering a passenger at a Moorpark Beach Bus
stop with a wheelchair or similar mobility device. For Camp Moorpark, Adventure Camp
or Active Adult Center trips, the Contractor shall be notified at least twenty-four (24)
hours in advance if a wheelchair accessible vehicle is required.
In the event that the vehicle being used by the Contractor breaks down, the Contractor
shall provide a backup vehicle on site within one and one half (1 '/z ) hours.
The primary vehicles shall have a minimum of twenty-five (25) bench seats and a
seating capacity of approximately seventy-five (75) children at three (3) passengers per
bench seat, and approximately fifty (50) adults at two (2) passengers per bench seat.
All vehicles must have storage for luggage. Air conditioning, large tinted windshield,
and passenger windows are desirable but not required. A late model school bus in
good condition may meet the criteria for vehicles.
Scope of Services Page 2 8 9
City shall provide magnetic signs that are to be placed on the Moorpark Beach Bus.
Currently, the City has three (3) separate signs: "Moorpark", "City Transit", and "Beach
Bus". The magnetic signs can be arranged to read "Moorpark City Transit Beach Bus"
along the external sides of the bus and separate "Beach Bus" signs are to be placed on
the external front and back of the bus. If Contractor's bus has electronic sign display(s)
the electronic sign display shall be programed to display "Moorpark City Transit Beach
Bus" or an agreed upon alternative based on the number of characters that the
electronic sign can display at one time.
SECTION 5. MAINTENANCE
The Contractor shall perform the duties and accept the responsibilities set forth in
connection with the maintenance of the Contractor's vehicles used to provide services
under this Agreement. Contractor's buses, vans, school buses or other vehicles that
are used to provide services under this Agreement are referred to in this section as
"vehicles". The omission of a duty or responsibility herein shall not relieve the
Contractor of its obligation to perform such duty or accept such responsibility, so longus
it is usual, customary and generally accepted within the public transportation industry as
being an integral element of operating a fixed-route and dial-a-ride public transportation
system of a kind and character such as Moorpark City Transit.
5.1. Maintenance Facility: The Contractor shall provide and maintain an appropriate
fixed maintenance facility within a thirty-five (35) mile radius from the City. The
facility shall be equipped with all tools and equipment necessary for maintenance
of. vehicles in accordance with this Agreement. When out-of-service, vehicles
shall be stored at all times either within an enclosed, paved garage, or within a
paved, security-fenced outside storage area.
5.2. Daily Maintenance: The Contractor shall perform daily vehicle servicing on all
vehicles under this Agreement. For purposes of this Agreement, daily servicing
shall include, but not be limited to: fueling; check/add engine oil, coolant, water,
and transmission fluid; farebox vault pulling and replacement; wheelchair lift
check; brake check; light and flasher check; and checking all vehicle
performance defects reported by drivers to identify potential safety and reliability
items requiring immediate attention. The Contractor shall develop, implement
and maintain a written checklist of items included in the daily servicing of the
vehicles. The checklist shall be utilized and kept on file for City and California
Highway Patrol (CHP) review at any time during regular business hours. The
checklist requirement may incorporate or supplement CHP required driver's pre-
trip safety inspections.
5.3. Vehicle Cleaning: The Contractor shall maintain all vehicles in a clean and neat
condition at all times.
The interior of the vehicles shall be kept free of litter and debris to the maximum
practicable extent throughout the operating day. Vehicles shall be swept and
Scope of Services Page 3 9 0
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.
The exteriors of vehicles shall be washed as required to maintain a clean, inviting
appearance and in no event less than once per week. Exterior washing shall
include the bus body, all windows, and wheels. Rubber or vinyl exterior
components such as tires, bumpers fascia fender shirts, and door edge guards
shall be cleaned and treated with a preservative at least once per month, or as
often as necessary to maintain an attractive appearance. The bus exterior shall
be waxed once every six (6) months.
The vehicles shall be kept free of vermin and insects at all times. The Contractor -
shall exterminate all vermin and• insects from the vehicles immediately upon their
discovery, utilizing safe and non-hazardous materials.
5.4. Preventive Maintenance: The Contractor shall develop and implement a
preventive maintenance program. At a minimum, the Agreement's preventive
maintenance program shall adhere to the preventive maintenance schedules and
standards of the industry, and shall meet the manufacturer's specifications and
be sufficient so as not to invalidate or lessen warranty coverage of the vehicles.
Adherence to preventive maintenance schedules shall not be regarded as
reasonable cause for deferred maintenance in specific instances where the
Contractor's employees observe that maintenance is needed in advance of
schedule.
The Contractor shall not defer maintenance for any reason without the prior
written consent of the City. The Contractor shall adjust the work schedule of its
employees as necessary to meet all scheduled services and complete preventive
maintenance activities according to the schedule. All parts used for preventive
maintenance shall be new and meet manufacturer's specifications.
The City, at its own expense, may inspect the vehicle(s) to ensure that regular
preventive maintenance is being performed.
5.5. Vehicle Repairs: All repairs to the vehicles shall be performed by the Contractor
or by other vendors and suppliers and shall be included in the final Agreement
cost. Repairs shall include, but not be limited to, work to correct loss or damage;
adjustments due to normal wear . and tear; and overhaul, rebuilding or
Scope of Services Page 4
91
replacement of components. All required parts shall be new and meet
manufacturer's specifications.
Repair work shall be conducted as soon as practicable upon learning that such
work is required. The Contractor shall perform repair work expeditiously in
response to identification of problems by drivers or other staff members. The
Contractor shall assure the City that required repairs shall not be deferred
beyond a reasonable time.
The Contractor shall be familiar with vehicles and equipment warranties and shall
comply with all warranty provisions in the conduct of maintenance.
5.6. Vehicle Towing: In the event that towing of a vehicle is required due to
mechanical failure or damage, the Contractor shall be responsible to provide
such towing at the Contractor's sole expense.
5.7. Maintenance Records and Reports: The Contractor shall prepare, maintain, and
make available to the City, the CHP and/or such other regulatory agencies with
jurisdiction records and data relative to vehicle maintenance. Maintenance
records shall be maintained on all vehicles indicating all warranty work,
preventive maintenance, and repairs performed on each vehicle. All such
records and reports shall be prepared and maintained in such a manner to fulfill
any applicable state or federal requirements, as well as any needs of the City to
enable it to evaluate accurately the Contractor's maintenance performance and
the operating expense associated with the services provided under this
Agreement.
The City maintains the right to inspect, examine and test, at any reasonable time,
any vehicles used in performance of this Agreement and any equipment used in
the performance of maintenance work in order to ensure compliance with this
Agreement. Such inspection shall not relieve the Contractor of the obligation to
monitor continually the condition of all vehicles and to identify and correct all
substandard or unsafe conditions immediately upon discovery.
The Contractor shall prepare and maintain records and reports that shall include,
but not limited to, the following:
A. Daily vehicle inspection and servicing checklists.
B. Work orders for all maintenance inspections, warranty repairs and other
vehicle repairs including materials, parts and labor consumed.
C. Roadcall reports, or work order, for each roadcall identifying date and
time, vehicle number, problem and mileage of vehicle.
D. Monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
Scope of Services Page 5 9 2
SECTION 6. DRIVERS
Drivers are required to possess a valid California Class "B" or "C" driver license for the
operation of the type of vehicles to be used by that respective driver. The Contractor
shall provide thorough training for all drivers for the proper performance of their duties.
Drivers shall also be thoroughly trained on the use of all equipment required under this
Agreement, including the Contractor's backup vehicles.
At a minimum, drivers shall be required to: wear an approved uniform of clean and neat
appearance, be helpful and courteous, ensure that fares are collected and deposited in
the farebox, assist senior citizens and disabled passengers, refuse rides to unruly
passengers, stay on schedule, obey all traffic laws, and enforce all City Transit
Passenger Rules (Exhibit G). Drivers shall not smoke in the vehicles or allow
passengers to do the same.
City shall have the right, contingent upon the Contractor's personnel policy guidelines,
to ask for the temporary or permanent removal of any driver furnished by Contractor for
any reasonable cause (not to be construed as requesting removal from Contractor's
employment). Contractor shall submit a copy of its current personnel policy guidelines
with this Agreement and any amendments thereto. All drivers shall be employees of
Contractor and Contractor shall be solely responsible for payment of all employees'
wages and benefits. Contractor, without any expense to City, shall faithfully comply with
the requirements of all applicable laws with respect to employee liability, workers'
compensation, unemployment insurance and other forms of social security. Contractor
shall also be responsible for withholding of income tax at its source from employees'
wages and, furthermore, the Contractor shall indemnify and hold harmless the City and
the State of California from any liability, damages, claims, costs, and expenses of any
nature arising from alleged violation of such laws.
Contractor shall provide thorough training for all drivers for the proper performance of
their duties. Contractor must have a training program encompassing the National
Safety Council Defensive Driving Course. This program should also direct itself to
dealing specifically with transporting the elderly and mobility impaired. All new
employees shall receive proper training and instruction at the time of hiring and prior to
being assigned to the service. This training program must be described fully and
submitted to City for review with this Agreement for approval by the City.
The Contractor shall require pre-employment medical examinations, including drug and
alcohol testing, for all prospective drivers and other safety sensitive employees of the
Contractor. Any person who has not successfully passed such an examination shall not
be permitted to operate a vehicle in any service performed under Agreement to the City.
Additionally, the Contractor must have an anti-drug program established for employees
under the congressionally mandated Drug-Free Workplace Act. The required anti-drug
program would include, in addition to the pre-employment testing, testing after an
accident, when there is reasonable cause, periodically, every two (2) years upon receipt
Scope of Services Page 6 9 3
or renewal of the Department of Motor Vehicles Medical Examiner's Certificate, and
before returning to duty to perform sensitive safety functions after a positive drug test.
The Contractor shall comply with the Congressionally Mandated Drug-Free Workplace
Act of 1988, by providing certification that (a) the drug free workplace actions shall be
implemented, and (b) those actions are being/have been implemented.
SECTION 7. BUS OPERATION RECORDS AND REPORTS
The Contractor shall be required to maintain ridership and operations records for this
service as deemed necessary by the City.
The Contractor shall be responsible for submission of monthly service summary reports
to the City. These reports, to be submitted by the Contractor within fifteen (15) days of
the end of each calendar month, shall include, but not limited to, the following:
A. Listing of all vehicles in service.
B. Date, time, and length of time for any service disruptions.
C. Corrective actions taken for breakdowns and roadcalls.
D. A monthly summary of vehicle miles, vehicle miles since last preventive
maintenance inspection, a list of any vehicle repairs made, number and
length of time a backup vehicle was used, and vehicle roadcalls.
E. Total passenger counts by demographic category and fare (student, adult,
senior citizen, disabled, etc.) by day.
F. Passenger counts by payment method (cash, one-way ticket, and discounted
passes) by day.
G. Missed or abbreviated route trips; unusual incidents while on duty.
H. From time to time, at the City's request, the Contractor shall record passenger
activity per stop.
SECTION 8. FARES
The. Moorpark Beach Bus is a general public transportation service and passengers
must pay a fare. The Contractor shall collect fares in accordance with fare policies as
set by the City. The fares collected shall be recorded and submitted to the City each
service day along with the fare collection sheet for that day. Most excursion and
charters sponsored by the Recreation Division, such as Camp Moorpark, Adventure
Camp, and Active Adult Center will not have fares that the Contractor has to collect.
SECTION 9. CONTACT INFORMATION
Contractor shall provide the City with emergency and after hours contact telephone
numbers and pagers that the City may use as necessary to communicate with the
Contractor after normal working hours.
Scope of Services Page 7 9 4
SECTION 10. RADIO COMMUNICATION
The Contractor shall provide to the vehicles the necessary communication equipment to
allow for communication between the driver and the Contractor's maintenance facility.
The Contractor shall notify the City, at the first available opportunity, of any vehicle
breakdowns or other problems that may cause schedule delays.
SECTION 11. SPECIAL SERVICES
From time to time the City may wish to expand the hours or the days of services to the
community. With twenty-four (24) hours written notice, Contractor shall provide the
special service using the Agreement vehicles, at the regular hourly rate.
Scope of Services Page 8 9 5
,
EXHIBIT C
PROPOSAL COST FORM AND ADDENDA
FOR ALL SERVICES DESCRIBED IN THE SCOPE OF SERVICES
In response to the Request for Proposals for Bus Excursion and Charter Services from the City
of Moorpark, the undersigned agrees to provide services in accordance with these Documents,
which have been carefully examined. The City, at its sole option, may contract with more than
one bus operator or expand or reduce services during the term of the Agreement. Pricing shall
not be adjusted if services in the Scope of Services (Exhibit B) are reduced or expanded
during the term of the Agreement. If Contractor has rates that are based on specific vehicle
type, Contractor shall provide a Cost Form for each identified vehicle type.
Cost— Bus Excursion and Charter Services.
Bus Excursions and Charter Services-
Cost Per Hour Five(5) Hour Each Additional Year
Cost Hour
$75.77/5-hour $378.85 $54.12 2017
$77.29/5-hour $386.43 $55.20 2018
$78.83/5-hour $394.16 $56.30 2019
Indicate if Public Utilities Commission Fee of one quarter of one percent (0.25%)
of daily rate is included in pricing above (circle one): YES
The undersigned understands that any conditions placed on the items stated above,
clarification made to the above, or information submitted on or with this form (other than
that requested) shall render the proposal unresponsive. If awarded the Agreement, the
undersigned hereby agrees to sign said Agreement and to furnish all necessary
certificates.
PROPOSER: Durham School Services, L.P.
CONTACT: Edward Gandel
TITLE: Senior Vice President and Chief Operating Officer, West
ADDRESS: 4300 Weaver Parkway, Warrenville, IL 60555
TELEPHONE: (805) 4i-3964 Allk EMAIL: egandel@durhamschoolservices.com
SIGNATUR : iI//11►/, TITLE: Senior Vice President and
By: Dur am Hob(�I, L.L.C.,fir Chief Operating Officer, West
its General Partner
20
96
ADDENDA
Proposer must fill in number and date of all addenda or enter the word "none": if
appropriate.
The following addenda are acknowledged'and attached:
NO. DATED NO. DATED _
*NONE*
21
97
EXHIBIT D
PROPOSER REFERENCE FORMS - PARTS I AND II
PART I
GENERAL INFORMATION:
1. NAME Durham School Services, L.P.
2. Proposer is a: (circle one)
Corporation (rtnershi /Association / Sole Proprietorship
3. Proposer's address and Telephone Number:
4300 Weaver Parkway
Warrenville, IL 60555
(630) 821-5400 /(800) 950-0485
4. Name, Title, Telephone Number, and Email Address of Proposer's Authorized
Representative:
Edward Gandel, Senior Vice-President and Chief Operating Officer
(805)404-3964
egandel@durhamschoolservices.com
5. Proposer's Credit References: (Include names, addresses, and telephone numbers
of at lease three references, one of which must be the Proposer's bank)
A. *We have provided our list of Credit References in Tab 6.
B.
C.
•
22
98
PART II
Client List for Transportation Services Currently and/or Previously Provided:
1. Client Name: Conejo Valley Unified School District
Client Address: 1400 East Janss Road
Thousand Oaks, CA 91360
Contact Person: Janet Boland, Transportation Specialist
Telephone Number: (805) 497-9511, ext. 207
Period of Service: 2002 to Present
2. Client Name: City of Westlake Village
Client Address: 31200 Oak Crest Drive
Westlake Village, CA 91361
Contact Person: Brianne Anderson, Community Services Manager
Telephone Number: (818) 706-1613
Period of Service: 2001 to Present
3. Client Name: Burbank Unified School District-Field Trips Only
Client Address: 1900 W. Olive Avenue
Burbank, CA 91506
Contact Person: Jose Valle, Athletic Director-John Burroughs High School
Telephone Number: (818) 5584777, ext. 65904
Period of Service: Field Trip Contract started in 2012 to Present
23
99
nahonal e� ress
Standard Credit Reference
General Information
National Express Durham Holding Corporation
FEIN 46-0521722
Business Name: Durham School Services, L.P.(A Delaware Limited Partnership)
FEIN: 95-3320487
Limited Partner: Durham Holding I,LLC
General Partner Durham Holding II,LLC
Executive Officers: David Duke,President &CEO
Gary Waits,Chief Financial Officer&Treasurer
Incorporated: Incorporated in Delaware in 2002
Business Name: Septran, Inc.
FEIN: 35-1159975
Executive Officers: David Duke,President &CEO
Gary Waits,Chief Financial Officer&Treasurer
Incorporated: Incorporated in Indiana in 1969
Business Name: "The Provider"Enterprises Inc.
FEIN: 02-0401950
Executive Officers: David Duke,President &CEO
Gary Waits,Chief Financial Officer&Treasurer
Incorporated: Incorporated in New Hampshire in 1986
Business Name: Petermann Ltd.
FEIN: 31-1643225
Executive Officers: David Duke,President &CEO
Gary Waits,Chief Financial Officer&Treasurer
Incorporated: Incorporated in Ohio in 1999
Business Name: Safeway Training and Transportation Services, Inc.
FEIN: 02-0436874
Executive Officers: David Duke,President &CEO
Gary Waits,Chief Financial Officer&Treasurer
Incorporated: Incorporated in Connecticut in 1989
�f ' National Express LLC
i) rik44 national 4300 Weaver Parkway
DURHAM STOCK - - express Warrenville,IL 60555
.. ._ -.:. .,,.,p...•q...., PrnRINANN Voice:800.950.0485
100
Standard Credit Reference
General Information
National Express Durham Holding Corporation
FEIN 46-0521722
(Page 2)
Business Name: Smith Bus Service, Inc.
FEIN: 52-1694721
Executive Officers: David Duke,President &CEO
Gary Waits,Chief Financial Officer&Treasurer
Incorporated: Incorporated in Connecticut in 1990
Corporate Offices: 4300 Weaver Parkway,Warrenville,IL 60555
Bank References: Bank of America,231 LaSalle Street,Chicago,IL 60604
Joe Lenzie:312-992-6355
Account:002419800116
(Account"styled"National Express Corp.)
General Payment Terms: Net 45 days from the date of the invoice or as mutually agreed with the
vendor
1� ' National Express LLC
r!_Atk : national 4300 Weaver Parkway
DURHAM STOCK . express Warrenville,IL 60555
Voice:800.950.0485
101
naFional express
National Express Durham Holding Corporation
Trade References
Durham School Services L.P.
Septran Inc.
"The Provider"Enterprises Inc.
Petermann Ltd.
Safeway Training and Transportation, Inc.
Smith Bus Service, Inc.
Corcentric Unifirst
2651 Warrenville Road 68 Jonspin Road
Suite 560 Wilmington, MA 01887
Downers Grove, IL 60515 Liz Limone
Jeff Grygiel 800.347.7888 Ext. 4391
630.925.7682
Email request to:
Jgrygiel@corcentric.com
W.W. Grainger Imperial Supplies LLC
Dept. 831936943 789 Armed Forces Drive
Palatine, IL 60038-001 Green Bay, WI 54307-1008
847.647.2060 800.558.2808
24 hour credit reference line Request Fax: 920.491.3286
Acct#831936943 (Durham)
Office Depot Valvoline LLC
800 West Bryn Mawr 3499 Blazer Parkway
Itasca, IL 60143 Lexington, KY 40509
800.472.6473 859-357-7297
Cary Betti Credit@Ashland.com
Cary.Betti@officedepot.com Fax: 859-357-5971
•• • 111 National Express LLC
,� 4300 Weaver Parkway
DURHAMWarrenville,IL 60555
STOCK PETERMANN Voice:800.950.0485
102
•
EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Primary
2. Vehicle Mileage 28,382
Date of Odometer Reading: 03/10/2017
3. Vehicle Type/Model/Manufacturer International Transit
4. Date of Manufacture 09/2015
5. Vehicle is (circle one): USED
6. Passenger Seating Capacity 82
•
7. Gross Vehicle Weight Rating 33,000
8. EnginefTransmission Type Diesel/Automatic
9. Overall Length 42'
10. Exterior Width 9'6"
11. Interior Height 6'6"
12. Aisle Width 14"
13. Step Height from Ground 15"
14. Destination Signs (Describe Location and Functions):
N/A
24
•
103
i
l 15. Wheelchair Equipment(Describe Type/Model/Manufacturer and attach
photograph):
None
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
28,382 (no overhaul)
17. Tire Condition: (circle one)OP USEDRECAPPED
Comments: Front Rear
25
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EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Primary- Camp 33780
2. Vehicle Mileage 1,700
Date of Odometer Reading: 04/10/2017
3. Vehicle Type/Model/Manufacturer International
4. Date of Manufacture 07/2016
5. Vehicle is(circle one): NEW USED
6. Passenger Seating Capacity 82
7. Gross Vehicle Weight Rating 33,000
8. Engine/Transmission Type Diesel/Automatic
9. Overall Length 42'
10. Exterior Width 9'6"
11. Interior Height 6'6"
12. Aisle Width 14"
13. Step Height from Ground 15"
14. Destination Signs(Describe Location and Functions):
N/A
24
111
15. Wheelchair Equipment(Describe Type/Model/Manufacturer and attach
photograph):
N/A
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
1,700 Miles-- No Overhaul
17. Tire Condition: (circle one) (NEW USED RECAPPED
Comments: _Front Rear
25
112
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EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Back-up 24831 Camp or Beach
2. Vehicle Mileage 73,400
Date of Odometer Reading: 04/10/2017
3. Vehicle Type/Model/Manufacturer International Transit
4. Date of Manufacture 05/2013
5. Vehicle is(circle one): NEW r`USE
6. Passenger Seating Capacity 82
7. Gross Vehicle Weight Rating 33,000
8. Engine/Transmission Type Diesel/Automatic
9. Overall Length 42'
10. Exterior Width 9'6"
11. Interior Height 6'6"
12. Aisle Width 14"
13. Step Height from Ground 15"
14. Destination Signs(Describe Location and Functions):
N/A
24
117
15. Wheelchair Equipment (Describe Type/Model/Manufacturer and attach
photograph):
N/A
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
73,400 Miles -- No Overhaul
17. Tire Condition: (circle one) NEW USED RECAPPED
Comments: Front, Rear
25
118
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EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Back-up Camp or Beach 24829
2. Vehicle Mileage 72,780
Date of Odometer Reading: 04/10/2017
3. Vehicle Type/Model/Manufacturer International Transit
4. Date of Manufacture 05/2013
5. Vehicle is(circle one): NEW (USE)
6. Passenger Seating Capacity 82
7. Gross Vehicle Weight Rating 33,000
8. Engine/Transmission Type Diesel/Automatic
9. Overall Length 42'
10. Exterior Width 9'6"
11. Interior Height 6'6"
12. Aisle Width 14"
13. Step Height from Ground 15"
14. Destination Signs (Describe Location and Functions):
N/A
24
124
15. Wheelchair Equipment(Describe Type/Model/Manufacturer and attach
photograph):
N/A
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
72,780 -- No Overhaul
17. Tire Condition: (circle one) NEW USED RECAPPED
)
Comments: Fromm Rear
25
125
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EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle Back-up Camp 33779
2. Vehicle Mileage 8,413
Date of Odometer Reading: 04/10/2017
3. Vehicle Type/Model/Manufacturer International
4. Date of Manufacture 07/2016
5. Vehicle is (circle one): NEW (1.11E-1S7)
6. Passenger Seating Capacity 82
T Gross Vehicle Weight Rating 33,000
8. Engine/Transmission Type Diesel/Automatic
9. Overall Length 42'
10. Exterior Width 9'6"
11. Interior Height 6'6"
12. Aisle Width 14"
13. Step Height from Ground 15"
14. Destination Signs(Describe Location and Functions):
N/A
24
131
15. Wheelchair Equipment(Describe Type/Model/Manufacturer and attach
photograph):
N/A
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
8,443 -- No Overhaul
17. Tire Condition: (circle one) NEW USED RECAPPED
Comments: Fromm Rear
25
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EXHIBIT E
VEHICLE IDENTIFICATION FORM
VEHICLE INFORMATION
All Proposers shall provide the following information for each vehicle that the Proposer
proposes to use in this project. Proposers must submit photographs of vehicle exteriors
and depictions of interior seating configuration, to be attached to this form.
1. Primary or Backup Vehicle W/C Van 27127 As-Requested
2. Vehicle Mileage 74,473
Date of Odometer Reading: 04/10/2017
3. Vehicle Type/Model/Manufacturer Thomas
4. Date of Manufacture 05/2009
5. Vehicle is(circle one): NEW (USE )
6. Passenger Seating Capacity 5 4 W/C
7. Gross Vehicle Weight Rating 4,300
8. Engine/Transmission Type Chevrolet 6.0 -Automatic Transmission
9. Overall Length 24
10. Exterior Width 7
11. Interior Height 6'6"
12. Aisle Width 17
13. Step Height from Ground 12
14. Destination Signs (Describe Location and Functions):
N/A
24
138
15. Wheelchair Equipment(Describe Type/Model/Manufacturer and attach
photograph):
Ricon Hydraulic 52005 -F1020000A
16. Number of Miles and Hours on Engine and Transmission Since Last Overhaul (if
applicable):
74,473 --No Overhaul
17. The Condition: (circle one) NEW USED RECAPPED
Comments: Front
25
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EXHIBIT F
LIST OF SUBCONTRACTORS
(FILE IF APPLICABLE)
Name of Subcontractor Address/Phone Items of Work
*This is not applicable. Durham will not be using Subcontractors.
26
147
EXHIBIT G
MOORPARK CITY TRANSIT RULES
1. No eating, drinking, smoking, loud noise, or animals (other than service animals)
are permitted in the vehicle.
2. Passengers must have exact change.
3. California Civil Code Section 2186 and California Penal Code Section 640 shall
be enforced.
MOORPARK BEACH BUS SPECIFIC RULES
1. All materials (boogie boards, back packs, coolers, or other items) must be stored
in the bus storage compartment during the trip to/from Zuma Beach.
148
EXHIBIT H
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
"Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for -
claims or suits by one insured against another. Limits are subject to review but in no
event less than $5,000,000 per occurrence for all covered losses and no less than
$10,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $5,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor's employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
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.
149
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 or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
Durham Insurance Requirements Page 2 150
premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will "endeavor" (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Contractor's existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required. by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
Durham Insurance Requirements Page 3 151
•
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of. this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is.for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
Durham Insurance Requirements Page 4 152
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.
Durham Insurance Requirements Page 5 153