HomeMy WebLinkAbout2017-03-28 - AGENDA REPORTS - BUS SVCS RECREATION PROGRAMS (2)Agenda Item: 11
CITY OF SANTA CLARITA
AGENDA REPORT
MR
CONSENT CALENDAR
a.
CITY MANAGER APPROVAL: fAl
DATE: March 28, 2017
SUBJECT: AWARD CONTRACT FOR BUS SERVICES FOR USE BY
RECREATION AND COMMUNITY SERVICES PROGRAMS
DEPARTMENT: Recreation, Community Services, Arts, and Open Space
PRESENTER: Janine Prado
RECOMMENDED ACTION
City Council:
1. Award a contract to Student Transportation of America for bus service for use by the
Recreation and Community Services programs in the amount of $82,167.50 plus a
contingency of $8,216, for a total annual amount not to exceed $90,383.50.
2. Authorize the City Manager, or designee, to execute up to two annual renewal options for the
contract with Student Transportation of America, not to exceed $90,383.50 each, plus
Consumer Price Index (CPI) adjustments, contingent upon the appropriation of funds by the
City Council in the annual budget for such Fiscal Year.
3. Authorize the City Manager, or designee, to execute all contracts and associated documents,
or modify the awards in the event that issues of impossibility of performance arise, and
execute renewals, in accordance with the terms provided herein, subject to City Attorney
approval.
BACKGROUND
The Recreation and Community Services Division provides annual programs for City of Santa
Clarita residents. Some of these programs, including Camp Clarita, Junior Lifeguards, Canyon
Country and Newhall Community Centers, and Vital Intervention through Directional
Alternatives, require charter bus services for the purpose of transporting program participants.
In January 2017, Purchasing solicited bids for bus charter services incorporating Recreation and
Community Services Division needs. The invitation to bid was posted on the City's solicitation
website, Planet Bids, on January 11, 2017. The bid was sent to 309 vendors. A total of 24
Page 1
Packet Pg. 56
Vendors downloaded the bid, and two electronic responses were received, as noted below:
Comp anv Location Cost
Student Transportation of America Goleta, CA $82,167.50
Roadrunner Shuttle Camarillo, CA $109,376.00
After reviewing vendor qualifications and the amount of bid responses, staff determined Student
Transportation of America's bid is the most responsive and the lowest bidder for all.
Staff recommends that the contract is awarded to Student Transportation of America.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Adequate funds have previously been appropriated as part of the Fiscal Year 2016-17 budget to
support this recommended contract; funds for future fiscal years are contingent upon
appropriation of monies by the City Council during the annual budget process from accounts
15104-5161.002, 15113-5161.002, 15315-5161.002, 15312-5161.002, 15317-5111.001 and
16003-5161.001.
ATTACHMENTS
Bid Response (available in the City Clerk's Reading File)
Page 2
Packet Pg. 57
FOR PUBLICATION Wednesday, January 11, 2017
NOTICE INVITING BIDS
Bids must be received electronically before 11:00 AM on Wednesday, February 15,
20172 by the Purchasing Agent of the City of Santa Clarita. Electronic bids may be
viewed at:
http://www.planetbids.com/portal/portal.cfm?CompanVID=l 6840#
REC-16-17-19
ANNUAL CONTRACT FOR BUS SERVICES FOR RECREATION AND COMMUNITY
SERVICES
Specifications for this bid may be downloaded from the City's Purchasing website at
www.santa-clarita.com/purchasing. Please refer to specifications for complete details
and bid requirements.
The specifications in this notice shall be considered a part of any contract made
pursuant thereto.
Purchasing
(661) 250-3737
CITY OF SANTA CLARITA
BID # REC-16-17-19
BID OPENING: February 15, 2017
The City of Santa Clarita invites electronically sealed bids for:
ANNUAL CONTRACT FOR BUS SERVICES FOR RECREATION AND COMMUNITY
SERVICES
1. Electronic Bids must be ELECTRONICALLY received at:
http://www.planetbids.com/lportal/portal.cfm?CompanV]D=l6840#
2. Prices shall be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for theservice
rendered. And, bidder shall honor bid prices for ninety (120) days or for the stated contract
period, whichever is longer.
3. Bids must be on this Bid form. Submission of a proposal acknowledges the proposer has read
and understands the requirements contained on pages 1 to 16, and Exhibits A, B and C.
4. Bid Questions. Questions should be submitted electronically to:
htti)://www.iplanetbids.com/portal/portal.cfm?ComlpanvlD=l 6840#
The last day for questions will be 5:00 PM, February 6, 2017.
5. The vendor is responsible for the accuracy and completeness of any solicitation form not
obtained directly from the City.
6. Renewal and Pricing Adiustment. Contracts entered into pursuant to this Invitation to Bid may be
renewed annually, up to two times, in accordance with the terms of the contract. If not otherwise
stated, the contract may be renewed if the new pricing of the contract does not change more than
the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -
Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be
increases or decreases as appropriate and must be requested at least 90 days prior to the
expiration/renewal of the contract. The index level for the month preceding the month of
solicitation advertisement will become the beginning index. The price adjustment limit will be the
percentage change based on the difference between the beginning level or the adjustment level
last used and the index level for the period 90 days prior to the expiration of the contract. If not
renewed prior to the anniversary date, the contract may continue on a month to month basis until
renewed or awarded to a new contractor.
7. This bid MPyY BEs b' t to SB 854. See bidder instructions fordetails.
;�
Name (Print): Jam Lask Company: Santa Barbara Transportation Corp dba
Student Transportation of America
Email: JLaskyCarideMST.com Address: 6414 Hollister Avenue
Company Phone No.: (805) 681-8355 City: Goleta
License type/#: State/Zip: CA, 93117
(if required)
DIR # —
(if required)
Bid # REC-16-17-19
BID INSTRUCTIONS
Submitting Proposals. (a) The bid response must be ELECTRONICALLY su bmitted on this
form and include the notice, Request for Proposal Schedule, and all forms or information
included in or required by Section C, Specifications, (attachments accepted) (b) All
documentation of unit pricing or other cost breakdowns as outlined in this bid must be
submitted to support the total bid price. (c) Proposals/corrections received after the
closing time will not be opened. The City will not be responsible for bids not properly
marked and delivered. Upon award, all submissions become a matter of public record.
2. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to
United States currency. Payments will be made in Unite States Currency.
3. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The
City has the option of accepting or rejecting any alternative bid.
4. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited
nature of our resources and the leadership role government agencies have, supports the
Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in
technology and industries occurring rapidly it is frequently difficult to be aware of the latest
innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products
which result in less energy usage, least impact on natural resources and greatest reuse of post-
industrial and post -consumer material. Bidders are strongly encouraged to offer products and
services meeting these criteria and point out those specific aspects or features in their bid. In
accordance with Public Contract Code 22152 bidders are required to certify in writing the
minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or
supplies, offered or sold.
5. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no
response to this bid.
6. Resection. The City reserves the right to reject any or all bids and to waive any informality in any
bid. The City may reject the bid of any bidder who has previously failed to perform properly, or
complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a
position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is
in default of the payment of taxes, licenses or other monies due to the City of Santa Clarita.
7. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It
is the bidder's responsibility to contact the project manager, for public projects, or Purchasing
prior to submission of the bid to make certain the package is complete and all required addenda
are included. This information will be available from the City's website. Bidders are cautioned
against relying on verbal information in the preparation of bid responses. All official information
and guidance will be provided as part of this solicitation or written addenda.
8. Awards. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita
Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public
works, professional services or is federally funded. Qualifications of responsibility will be in
accordance with the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the
goods and/or services resulting from this solicitation. The City may make an award based on
partial items unless the bid submitted is marked "All or none." Where detailed specifications
and/or standards are provided the City considers them to be material and may accept or reject
deviations. The results of the bid will be posted on the City's website at www.santa-
clarita.com/purchasing, normally within 24 hours.
Bid # REC-16-17-19
9. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this
bid with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of
exception to this clause in vendor's response will be considered agreement. However, the City of
Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not
obligated or liable for any action or debts that may arise out of such independently negotiated
"piggy -back" procurements.
10. Amendments. Any and all changes to this contract must be made in writing and agreed to by the
City. Performance by the contractor will be considered agreement with the terms of this contract.
11. Taxes. Charges and Extras. (a) Bidder must show as a separate item California State Sales
and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation,
containers, packing, etc. will not be paid unless specified in bid. Contractor/vendor agrees to
cooperate with the City in all matters of local taxation.
12. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay
period after receipt and acceptance of goods and/or services and upon using department
confirmation of such acceptance.
13. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be
received hereunder, is binding upon the City unless the City gave written consent before such
assignment.
14. Sub contractors. For all public projects, the Bidder must list any subcontractors that will be used,
the work to be performed by them, and total number of hours or percentage of time they will
spend on the project.
15. Prevailing wage. For all public works, the Bidder is required to bid prevailing wage. For the
purposes of this paragraph, public works includes maintenance. The City of Santa Clarita Labor
Compliance Program is included herein as an informative reference for the successful bidder. It
does not require any completion prior to contract award but should be reviewed for all necessary
provisions and requirements.
16. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and
Nationality Act (INA) which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only persons who may
legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment eligibility of anyone to be
hired, which includes completing the Employment Eligibility Verification Form (1-9). The
Contractor shall establish appropriate procedures and controls so no services or products under
the Contract Documents will be performed or manufactured by any worker who is not legally
eligible to perform such services or employment.
17. Indemnification. The bidder is required to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or
liability, arising out of any agreement entered into between the parties. Should the City be
named in any suit, or should any claim be brought against it by suit or otherwise, whether the
same be groundless or not, arising out of this Agreement, or its performance, the bidder must
defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the
City for any judgment rendered against it or any sums paid out in settlement or otherwise.
16. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the
amount of at least 10% of the total value of the bid OR 10 % of the value of the 15t year of service
for service bids, to guarantee that bidders will enter into contract to furnish goods or services
at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to
operate in the state of California. Likewise, a Performance Bond and/or Material and Labor
Bid # REC-16-17-19 9
bonds shall be required of the successful bidder when stated in the specification (cash deposit,
certified or cashier's check or money order may be substituted in lieu of either bond).
Original Bond or Cashier's Check MUST be received AT CITY HALL, 23920 Valencia Blvd.,
Santa Clarita, CA 91355, ATTENTION SUITE 120 and marked with the words `BID BOND
FOR" and the bid #, "NO LATER THAN the bid due date and time, for the vendor to be
considered responsive.
19. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall
be provided by using an ACORD certificate of insurance and shall be provided prior to contract
signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa
Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of
$1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit
of $1,000,000), and Worker's Compensation (statutory requirement). For professional services,
Professional Liability with a limit of $1,000,000 may also be required. Insurance shall not be
cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Specific insurance requirements will be set forth in any contract awarded to a bidder.
20. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will
be so designated. Bidder is responsible for inspecting and understanding the total scope of the
projects (i.e., specifications, quality, and quantity of work to be performed.)
21. Specifications. Materials differing from stated specifications may be considered, provided such
differences are clearly noted and described, and provided further that such articles are
considered by a City official to be in all essential respects in compliance with the specifications.
22. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in
describing any item contained in the proposal does not restrict bidders to the manufacturer or
specific article, this means is being used simply to indicate a quality and utility of the article
desired; but the goods on which bids are submitted must in all cases be equal in quality and utility
to those referred to. This exception applies solely to the material items in question and does not
supercede any other specifications or requirements cited. Documentation of equivalency must be
submitted with the bid. At a minimum the documentation must demonstrate equivalency in form,
fit, function, quality, performance and all other stated requirements. The City is final determiner of
equivalency. Exception is made on those items wherein identical supply has been determined a
necessity and the notation NO SUBSTITUTE has been used in the specification section.
23. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his
price or prices to others purchasing approximately the same quantities as contemplated by this
contract, the contract prices must be reduced accordingly, and the contractor/vendor will
immediately notify the Purchasing Agent, City of Santa Clarita.
24. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term
of this contract. The City does not pay "surcharges" of any type unless identified in the response
to this bid. All costs will be included in the pricing provided to the City.
25. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds
appropriated for the purpose of this agreement. All funds for payment after June 30 of the current
fiscal year are subject to City's legislative appropriation for this purpose. In the event the
governing body appropriating funds does not allocate sufficient funds for the next succeeding
fiscal year's payments. Then the affected deliveries/services may be (1) terminated without
penalty in their entirety, or (2) reduced in accordance with available funding as deemed
necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of
funds at the earliest possible date.
Bid # REC-16-17-19
26. Default. In case of default by the
vendor of any of the
conditions of this bid
or contract resulting
from this bid, the vendor agrees
that the City may procure the articles or
services from other
sources and may deduct from the
unpaid balance due
the vendor, or collect
against the bond or
surety, or may invoice the vendor
for excess costs so
paid, and prices paid
by the City shall be
considered the prevailing market price at the time such
purchase is made.
27. Termination. The City may terminate any service or contract with or without cause either verbally
or in writing at any time without penalty.
28. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health
Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued
thereunder, and certifies that all items furnished under this bid will conform and comply with the
indemnity and hold harmless clause for all damages assessed against buyer as a result of
suppliers failure to comply with the Act and the standards issued thereunder and for the failure of
the items furnished under this order to so comply.
29. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor
to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by the Contractor, or any agent or representative of the
Contractor, to any officer or employee of the City with a view toward securing an agreement or
securing favorable treatment with respect to the award or amending, or the making of any
determinations with respect to the performance of such agreement; provided, that the existence
of the facts upon which the City makes findings shall be in issue and may be reviewed in any
competent court. In the event of such termination, the City shall be entitled to pursue the same
remedies against the Contractor as the City could pursue in the event of default by the
Contractor.
30. SB854. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
31. Invoices. Invoices will be forwarded to
City of Santa Clarita
Accounts Payable
23920 Valencia Blvd. Ste. 295
Santa Clarita, CA 91355-2196
Invoices will reflect the purchase order # and goods or service delivered in accordance with the
terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever
is later.
The City of Santa Clarita's "Terms and Conditions' is found on a separate attachment in Planet Bids.
L PEAV2105me ird[s]
C.
The City is requesting bid responses for bus transportation and operator services, for use by the
City for various programs on an annual basis.
The City of Santa Clarita manages many day camp and youth -oriented programs. A number of
these programs require pre -planned bus transportation and operator services, to and from
specific locations. Other programs have bus needs that occasionally "pop" up and need
transportation. This scope of work includes day trips to various areas within the State of
California, plus additional day -trips for various smaller programs. Busses must be in good
working condition for all trips.
At the City's discretion, this bid may be multiple -award, using the two, lowest cost, responsible
and responsive bidders for annual contracts.
The following is a brief description of transportation needs with respect to the following:
1. There are two categories of transportation needs. The attachments provide examples of
anticipated needs. The City reserves the right to make additions/deletions to transportation
requirements with notice to the contractor.
a) Recreation Camp program* see attachment "A"
b) Community Services and Aquatics program see attachment "B"
2. Required Qualifications: The successful bidder will be subject to:
a) Vendor credit check
b) Required to provide and/or enter into the following, as determined by the City:
1) Services contract
2) Equal Employment Opportunity Program
3) Fingerprinting of all drivers for City programs
4) Copies of all bus driver California Drivers Licenses with applicable
"classification"
5) Any/all other licenses as required by the City and State statues for a
business of this type
6) All insurance as listed in "Bid Instructions," Item 20, including but not
limited to:
• Insurance shall be "Primary and Non -Contributory" and must name the
"City of Santa Clarita" as an additional insured.
• The certificate shall list coverage for General Liability (limit of
$1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000
aggregate)
• Auto Liability (limit of $1,000,000)
• Worker's Compensation (statutory requirement).
• Insurance Proofs will be required WITH returning contract.
C) Provide a list of emergency contact numbers, available for 24/7 contact by City
employees.
3. Additional Requirements: The City, in order to keep participants, staff and drivers safe
during the upcoming contract year has instituted the following requirements:
Bid # REC-16-17-19
a) Awarded vendor will be required to confirm scheduled requests along with bus
type provided, passenger limit, and age and condition of bus, within (1) week for
multiple bus requests and within 3 days for single bus requests.
b) Vendor must provide e-mail AND fax number for communication purposes by
City staff as well as emergency phone numbers that will be answered at all times
during scheduled trips, including weekends by a live operator.
C) Busses must be in good working order for all trips including, air conditioning or
heat (as needed), working windows, comfortable, clean, no rips or tears in the
upholstery and free of insects. Additionally, the City may require viewing of any
bus repair log at any time. The City reserves the right to refuse any bus not in
good working order.
d) All commercial drivers are required by law to perform a pre -trip inspection of
his/or her vehicle. Therefore, all bus drivers will complete (2) copies of a pre -trip
inspection (see Exhibit "A" as an example). One to be filed with the vendor and
kept through the life of the contract and the other copy to be handed to
Supervising City staff for that trip, prior to bus boarding.
e) City staff may request that a driver pull over and call for a different bus, should
the bus break down for any reason, or appear to be unsafe. Staff and
passengers should not have to wait while repairs are being completed so either a
new bus is to be requested or a certified bus mechanic must be sent to the bus.
Either resolution should happen within 60 minutes of reported breakdown. Minor
repairs should be made DURING the driver's "off' time while waiting to pick up
passengers. The determination of an unsafe bus situation will be at the sole
discretion of Supervising City staff upon clear communication with the bus driver.
f) If the bus is deemed inoperable or there is a problem, a replacement bus must
be sent.
g) All drivers are required to have WRITTEN directions to their destinations,
provided by the contractor, PRIOR to pick-up.
h) As per (California Vehicle Code [VC] §23123) "A person may not drive a school
bus or transit vehicle, as defined in subdivision (g) of Section 99247 of the Public
Utilities Code, while using a wireless telephone." The City includes, MP3 Players
and the like, in this ban.
I) Should the City decide that they do not want a specific driver to transport for their
programs for any reason, including but not limited to the possibility of that driver
jeopardizing the safety of staff and program participants, the vendor will be
contacted in writing and that driver will not be assigned to any further City
programs despite existing schedules. A replacement driver will be found for all
upcoming dates.
j) Any driver who has been witnessed by two or more City staff driving unsafely
during one trip, including but not limited to speeding and unsafe stops, or
violating California Vehicle Code laws will be considered to be presenting a
danger to City staff or program participants and may be requested to be no
longer assigned to the City's transportation contract. Additionally, if the concern
becomes immediate during a trip, staff will have the option to call the vendor's
emergency number and have the driver replaced. The City will follow up with a
written communication of any incidents listed above that may arise.
1) Speed Limits
The maximum speed limit in California is 55 miles per hour (mph) for the
following listed vehicles (VC §22406):
(b) A trailer bus, as defined in Section 636
Bid # REC-16-17-19
Section 636- "a trailer bus is a trailer or semitrailer designed, used, or
maintained for the transportation of more than 15 persons, including the
driver..."
k) Ability to provide wheelchair lift, if needed.
4.
Liquidated
Damages - The City takes the programs it has established as well as the
safety of passengers, staff and drivers, very seriously. Because timeliness and safety issues
negatively
impact the City, liquidated damages may be assessed for instances of unsatisfactory
performance as outlined below:
a)
Arriving for pick up late - $25.00 per every 15 minutes delayed
b)
Returning participants late due to bus
failure
- $50.00 per one hour delay
C)
Tenting, using a cell phone or any restricted device while driving staff and/or City
passengers - $100.00 per incident
d)
Vendor assigning a driver whose removal has been requested by the City -
$50.00 per hour delay while obtaining new driver
e)
Failure of driver to have WRITTEN destination directions $50.00 per incident plus
$25.00 for every 15 minutes delay
f)
Vendor failure to confirm schedule with the requested (1) week time period -
$50.00 per incident
g)
Vendor failure to answer emergency phone numbers - $50.00 per incident
City staff will provide WRITTEN communication to vendor detailing charge -backs per trip.
urracUxesrasrdM
ANNUAL CONTRACT FOR BUS SERVICES FOR PARKS, RECREATION AND COMMUNITY
SERVICES, REC-16-17-19
City of Santa C/arita, California
The following are the names, addresses, and telephone numbers of three
public
agencies for
which BIDDER
has performed work of a similar scope and size within the
past 3
years:
1. City of Santa Clarita Parks & Rec., 20850 Centre Point Pkwv., Santa Clarita, CA
Name and Address of Owner / Agency
2. Lisa Nikkila 661-253-2567
Marne and Telephone Number of Person Familiar with Project
$60,000 School Bus Charter current
Contract Amount Type of Work Date Completed
2. City of Burbank Parks & Rec., 150 N. Third St, 3rd Floor, Burbank, CA 91502
Name and Address of Owner / Agency
Adriana Garcia 818-238-5466
Name and Telephone Number of Person Familiar with Project
$409000
School
Bus
Charter
current
Contract Amount
Type of
Work
Date ompleted
3. UCLA, 555 Westwood PI., #702. Los Angeles, CA 90095
Name and Address of Owner / Agency
Brian Otchis 310-825-8229
Name and Telephone Number of Person Familiar with Project
$150,000 School Bus Charter current
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
OTiVI
Bid # REC-16-17-19
D.
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA
AND
FOR
SAMPLE CONTRACT
THIS MAINTENANCE AGREEMENT ("Agreement") is made by and between the CITY OF SANTA
CLARITA, a general law city and municipal corporation ("CITY") and
("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE
OF SERVICES, below; and
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and
conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount as set forth
in the attached Exhibit " ," which is incorporated by reference, for CONTRACTOR's
services. CITY will pay such amount promptly, but not later than thirty (30) days after
receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from to The Agreement maybe
renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit " ."
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment,
printing, vehicles, transportation, office space and facilities, and all tests, testing and
analyses, calculation, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by CITY, necessary or proper to perform and
complete the work and provide the professional services required of CONTRACTOR by
this Agreement.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code
§§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR
must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret
and implement any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage laws and to
indemnify, defend, and hold harmless CITY as against any claim, demand, or imposition
of penalties, interest, or damages of any kind arising out of Labor Code § 1726, § 1771.62
or any other provision of the California Prevailing Wage Law. In accordance with Labor
Bid # REC-16-17-19
Code § 1773.2, copies of the prevailing rate of per diem wages are available upon
request from CITY's Engineering Division or the website for State of California Prevailing
Wage Determination at www.dir.ca.ciov/DLSR/PWD. A copy of the prevailing rate of per
diem wages must be posted at the job site.
B. If this contract is subject to state prevailing wage requirements of the California Labor
Code including Sections 1770 and 1773, then it is also subject to the City's California
Department of Industrial Relations (DIR) approved Labor Compliance Program. All
covered work classifications required in performance of this contract will be subject to
prevailing wage provisions. The Contractors and its subcontractors shall pay not less
than the state wage rates and shall further adhere to the requirements contained in the
City of Santa Clarita's Labor Compliance Program. A copy of the Labor Compliance
Program is available for review upon request at the Office of the City Clerk. All pertinent
state statutes and regulations, including, but not limited to those referred to in this
contract and in the City's Labor Compliance Program, are incorporated herein as though
set forth in their entirety. Additionally, the Contractor is responsible for obtaining a
current edition of all applicable state statues and regulations and adhering to the latest
editions of such.
This Work is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. No prime contractor or subcontractor may be listed on a bid
proposal for a public works project unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor
may be awarded a contract for public work on a public works project unless registered
with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The
Contractor will be required to post job site notices as described in 6 California Code of
Regulation section 16451(d).
C. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act (INA),
which includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Under the INA, employers may hire only persons who may legally
work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to
work in the U.S. The employer must verify the identity and employment eligibility of
anyone to be hired, which includes completing the Employment Eligibility Verification
Form (1-9). The Contractor shall establish appropriate procedures and controls so no
services or products under the Contract Documents will be performed or manufactured
by any worker who is not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has:
Thoroughly investigated and considered the scope of services to be performed;
and
Carefully considered how the services should be performed; and
Understands the facilities, difficulties, and restrictions attending performance of
the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has
or will investigate the site and is or will be fully acquainted with the conditions there
existing, before commencing the services hereunder. Should CONTRACTOR discover
any latent or unknown conditions that may materially affect the performance of the
Bid # REC-16-17-19 10
services,
CONTRACTOR will immediately inform CITY of such
fact and
will not proceed
except at
CONTRACTOR's own risk until written instructions are
received
from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL
Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a
combined single limit per occurrence for bodily injury, personal injury, and property
damage for the policy coverage. Liability policies will be endorsed to name City, its
officials, and employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other insurance that
may be carried by City will be excess thereto. Such insurance will be on an "occurrence,"
not a "claims made," basis and will not be cancelable or subject to reduction except upon
thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement, endorsements
as required herein, and such other evidence of insurance or copies of policies as may be
reasonably required by City from time to time. Insurance must be placed with insurers
with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any
cancellation of coverage. CONTRACTOR will 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, and to delete the word "endeavor"
with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required
by this Agreement, City may obtain such coverage at CONTRACTOR's expense and
deduct the cost of such insurance from payments due to CONTRACTOR under this
Agreement or terminate. In the alternative. should CONTRACTOR fail to meet any of the
insurance requirements under this agreement. City may cancel the Agreement
mmediately with no penalty.
F. Should Contractor's insurance required by this Agreement be cancelled at any point prior
notice of cancellation. CONTRACTOR must ensure that there is no lapse in coverage.
Bid # REC-16-17-19 11
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin
work in
advance of receiving
written authorization to
proceed, any such professional
services
are at CONTRACTOR's
own risk.
S. TERMINATION.
A. CITY may terminate this Agreement at any time with or without cause
B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at
least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its
own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for damages that
might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability,
arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit,
or should any claim be brought against it by suit or otherwise, arising out of performance by
CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered
against it or any sums paid out in settlement or costs incurred in defense otherwise.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as
an independent contractor and will have control of all work and the manner in which is it performed.
CONTRACTOR will be free to contract for similar service to be performed for other employers while under
contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate
in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision
in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of
doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in writing and
may be given by personal delivery or by mail. Notice sent by mail will be addressed as
follows:
To CITY: City of Santa Clarita
ATTN: Kenneth W. Striplin, City Manager
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR:
Bid # REC-16-17-19 12
B. When addressed in accordance with this paragraph, notices will be deemed given upon
deposit in the United States mail, postage prepaid. In all other instances, notices will be
deemed given at the time of actual delivery.
C. Changes
may be made
in the names or addresses of
persons to whom notices are to be
given by
giving notice in
the manner prescribed in this
paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer
Identification Number.
13. WAIVER. A waiver by CITY
of any breach of
any term, covenant, or condition contained in this
Agreement will not be
deemed to
be a waiver of any
subsequent breach of the same or any other term,
covenant, or condition
contained in
this Agreement, whether
of the same or different character.
14. CONSTRUCTION. The
language of each part
of this Agreement will be construed
simply and
according to its fair meaning,
and this Agreement will never be construed either for or against
either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion
of the court to render such portion enforceable and, as so modified, such portion and the balance of this
Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only
and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any
provision of this
Agreement will not be deemed
to constitute a waiver of any
other provision, nor will such
waiver constitute
a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the
laws of the State of California, and exclusive venue for any action involving this agreement will be in Los
Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval
and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed
by the City Manager. The Parties represent and warrant that all necessary action has been taken by the
Parties to authorize the undersigned to execute this Agreement and to engage in the actions described
herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any
such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements
ancillary to this Agreement, and related documents to be entered into in connection with this Agreement
will be considered signed when the signature of a party is delivered by facsimile transmission. Such
facsimile signature will be treated in all respects as having the same effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any
provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this
Agreement will govern and control.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion,
war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other
similar causes beyond the Parties' control, then the Agreement will immediately terminate without
obligation of either party to the other.
Bid # REC-16-17-19 13
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement
between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms
and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are
incorporated as if fully set forth above. There are no other understandings, terms or other agreements
expressed or implied, oral or written.
24. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and
regulations including, without limitation, CITY's conflict of interest regulations.
25. ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The Parties agree that this
Agreement may be transmitted and signed by electronic mail by either/any or both/all Parties, and that
such signatures shall have the same force and effect as original signatures, in accordance with California
Government Code section 16.5 and Civil Code section 1633.7.
(SIGNATURES ON NEXT PAGE)
Bid # REC-16-17-19 14
IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of
FOR CONTRACTOR: IF CORPORATION:
By: Do Not Sian — Sample Only By:
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN. CITY MANAGER
By:
City Manager
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Print Name & Title
Date:
Bid # REC-16-17-19 15
MAMMA 7A fifflpT'AION CORP
EPRICING
�e SfOOWTRAIOWATIONOTAMBRICA
.
Please price trips as follows (trip quantities are approximate only and may be more or less as
needed) See Attachments for expected trip descriptions:
1. Cost for Recreation Camp program (as perAttachment A), total $ 61,670.00
2. Cost for Community Services and Aquatics program (as per attachment "B"),
total $18,525.00
3. Cost for "other
as needed" buses, approximately
(3) times per year from Santa Clarita
to
locations
in Los AngelesNentura counties,
total $1,972.50
Only
4. Add lines 1, 2, and 3 = $82,167.50 Sub Total
5. Additional costs (please explain ALL additions) -
Fuel Surcharge (if applicable)
Parking fees to be paid by City $ 0
(No additional charges may be added to the contract after award)
Total of additional charges $ 0
Add 4 and 5 $82,167.50 TOTAL
Additional
Information
Only
(do
not
calculate
these
costs
in your response):
How much
notification
time
is required to reserve a
bus?
48 hours
Please advise required minimums for busses:
Cost minimum for (80) passenger bus and operator
• Cost minimum for (60) passenger bus and operator
• Cost minimum for (20-40) passenger bus and operator
Additional cost per hour, AFTER minimum:
• (80) passenger bus and operator
• (60) passenger bus and operator
• (20-40) passenger bus and operator
$ 405.00 x 5 # of hours
$-L9.5.00 x 5 # of hours
$_L85.00 x 5 # of hours
$-75 00
$15 �00
$1500
Bid # REC-16-17-19 16
EXHIBIT "A"
Information for the 2017 Bus Services
Recreation Camp Program
Number
of hours, buses, and trips may
increase
or decrease as
they are dependent on the enrollment
numbers.
In addition, times are subject
to
change
based on traffic
and park excursion admission times.
• General Information:
The listed departure time is the time that the bus needs to leave the park site. Please schedule the
bus to arrive at the individual park sites 30 minutes prior to listed time.
Program Sites
North Oaks Park (NOP)
Santa Clarita Park (SCP)
Valencia Meadows Park (VMP)*
27824 N. Camp Plenty Road, Canyon Country
(661)284-1454
27285 Seco Canyon Road, Saugus
(661) 284-1455
25671 Fedala Road, Valencia
(661)284-1453
*Buses
going
to Valencia
Meadows Park must take
the
5
freeway to
McBean Parkway
(right)
to
Singing
Hills
Drive
(right)
to Altamonte
Avenue
(left) to
park.
The bus usage schedule for the Recreation Camp program should include, but is not limited
to:
a) Approximately nine (9) day trips on buses with a minimum" (80) passenger capacity
bus for Ranger and Explorer Program
b) Approximately thirty-two (32) day trips on a bus with a minimum* (80) passenger
capacity and approximately seven (7) day trips on two buses with a minimum* (60)
passenger capacity for Voyager Program
c) On the average of eight (8) hours per day trip
d) Multiple buses may be needed per trip
*Due to the number of Day Camp participants, the City requires a minimum 80 seat bus
for the Ranger and Explorer programs and a minimum 80 seat bus for the 32 trips and
two (2) 60 seat buses for the 7 trips for the Voyager program. Anything less would
require at least two buses where one would suffice, which would incur additional bus
and parking costs to the City. There are concerns regarding additional, unnecessary
pollution as well. This savings philosophy applies to all programs.
Bid 9 REC-16-17-19 17
2017 RANGER CAMP TRIP SCHEDULE
Week
Date
Location
Departure
Arrive to
Leave
Arrive
Buses
Address
Time
Location
Location
to Park
Kidspace
480 N. Arroyo
1 bus
Blvd.
1
6/14/2017
Children's
8:00 AM
9:30 AM
2:30 PM
4:00 PM
(SCP)
Pasadena, CA
Museum
91103
3 buses
24201 Valencia
2
06/21/2017
Valencia
9:30 AM
10:00 AM
3:30 PM
4:00 PM
(1 per
Blvd.
Town Center
site)
Santa Clarita,
CA 91355
3 buses
3370 Sunset
3
06/28/2017
Underwood
9:00 AM
10:30 AM
2:30 PM
4:00 PM
(1 per
Valley Road
Family Farm
Moorpark, CA
site)
93021
28230
Constellation
Rd.
Scooter's
3 buses
Santa Clarita,
9:00 AM
12:00 PM
4
07/05/2017
Jungle/Santa
8:30 AM
12:30 PM
3:00 PM
3:30 PM
(1 per
CA/
Clarita Lanes
site)
21615 Soledad
Canyon Rd.
Santa Clarita,
CA
3 buses
1313 Disneyland
5
07/12/2017
Disneyland
8:00
10:00 AM
6:00 PM
8:00 PM
(1 per
Drive
AM
site)
Anaheim, CA
Santa Clarita
3 buses
20880 Centre
Pointe Parkway
6
07/19/2017
Sports
8:30 AM
9:00 AM
2:30 PM
3:00 PM
0 per
C
Complex
site)
Santa Clarita,
CA 91350
3 buses
500 Ninos Drive
7
07/26/2017
Santa Barbara
8:30 AM
10:00 AM
3:00 PM
4:30 PM
(1 per
Santa Barbara,
Zoo
site)
CA 93103
Newhall Park
8:30 AM
9:00 AM
12:30 PM
1:00 PM
3 buses
24923 Newhall
8
08/02/2017
(1 per
Avenue
site)
Santa Clarita,
CA 91321
Discovery
9:30 AM
10:00 AM
2:30 PM
3:00 PM
2 buses
11800 Foothill
9
08/09/2017
Science
(NOP &
Boulevard
Center
VMP)
Los Angeles, CA
913472
Bid # REC-16-17-19 18
2017 EXPLORER CAMP TRIP SCHEDULE
Week
Date
Location
Departure
Arrive
Leave
Arrive
Buses
Address
Time
to
Location
to
Location
Park
Discovery
9:30 AM
10:00 AM
2:30 PM
3:00 PM
1 bus
11800 Foothill
1
6/14/2017
Science Center
(SCP)
Boulevard
Los Angeles,
CA 913472
24435 Town
Center Drive
Edwards
3buses
Santa Clarim,
10:00 AM
12:30 PM
CA 91355/
2
06/21Y2017
Ci
9:30 AM
1:00 PM
3:00 PM
3:30 PM
(1 per
28656 The Old
Highgh Sports
site)
Road
Santa Clarita,
CA 91355
DryTown
10:00 AM
11:00 AM
4:00 PM
5:30 PM
3 buses
3850-B East
3
06/28/2017
(1 per
Avenue S
site)
Palmdale, CA
26101 Magic
3 buses
Mountain
4
07/05/2017
Magic Mountain
10:30 AM
11:00 AM
5:00 PM
5:30 PM
(1 per
Parkway
site)
Santa Clarita,
CA
3 buses
1313 Disneyland
5
07/12/2017
Disneyland
8:00
10:00 AM
6:00 PM
8:00 PM
(1 per
Drive
AM
site)
Anaheim, CA
26101 Magic
3 buses
Mountain
6
07/19/2017
Hurricane
10:30 AM
11:99
5:00 PM
5:30 PM
(1 per
Parkway
Harbor
AM
site)
Santa Clarita,
CA
3 buses
24201 Town
7
07/26/2017
Billy Beez
9:30 AM
10:00 AM
1:00 PM
1:30 PM
(1 per
Center Drive
site)
Santa Clarita,
CA 91355
23700 Lyons
Avenue,
Valencia
3 buses
Newhall, CA
8
08/02/2017
Lanes/Northridge
9:00 AM
9:30 AM
11:30 AM
q:30 PM
(1 per
91321/
Skateland
12:00 PM
4:00 PM
site)
18140 Parthenia
St.
Northridge, CA
91325
2 buses
700 Exposition
California
8:00 AM
10:00 AM
3:00 PM
4:30 PM
(NOP
Park Drive
9
08/09/2017
Science Center
&
Los Angeles,
VMP
CA 90037
Bid # REC-16-17-19 19
Information for the 2015 Voyager Camp Program
General Information:
The listed departure time is the time that the bus is to depart from VMP to the trip destination. This
requires the bus to depart from SCP 30 minutes prior to listed departure time.
One (1) 80 -passenger bus will be needed for Voyager Camp trip each day on Monday.
Tuesday. Thursday, and Friday. The bus will go to Santa Clarita Park (SCP) pick up campers and
then go to VMP to pick up the other campers. Then the bus will depart from Valencia Meadows Park
(VMP) and go to the assigned destinations. At the end of the day, campers will need to be dropped
off at VMP and SCP.
Two (2) 60 -passenger buses will be needed for Voyager Camp on Wednesdays. One bus will go
to VMP, pick up campers and wait for the second bus. The other bus will go to Santa Clarita Park
(SCP) pick up campers and then go to VMP. Both buses will then depart from VMP at the same time
to go to their assigned destination. At the end of the day all campers will then be returned to their
original park site.
(See next 4 pages for Voyager Camp Program schedule)
Bid # REC-16-17-19 20
Week
Date
Location
Departure
Arrive to
Leave
Arrive
Buses
Address
Time
Location
Location
to Park
5555 Walker
1
06/12/2017
Golf & Stuff
8:30 AM
10:00 AM
1:30 PM
3:00 PM
I Bus -
Street
80
Ventura, CA
93003
102 E. Magnolia
Blvd.
Flappers
Burbank, CA
1
06/13/2017
Comedy Club/
9:30 AM
10:30 AM
12:30 PM
3:30 PM
1 Bus -
91502/
Pickwick Ice
1:00 PM
2:30 PM
80
1001 Riverside
Skating Rink
Drive
Burbank, CA
91506
1 Bus -
26101 Magic80
1
06/14/2017
Magic Mountain
10:00 AM
10:30 AM
4:30 PM
5:00 PM
Mountain Pkwy
Santa Clarita, CA
10234 Escondido
Canyon Rd
1
Animal Tracks/
10:00 AM
12:00 PM
I Bus -
Agua Dulce, CA
06/15/2017
Aquatic Center
9:00 AM
12:30 PM
3:30 PM
4:00 PM
80
91390/
20850 Centre
Pointe Parkway
Santa Clarita, CA
Beach Day @
1 Bus-
53616" Street,
1
06/16/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Carpinteria, CA
Beach
93013
6780 Hollywood
Blvd.
Ripley's
Hollywood, CA
Museum/
10:00 AM
12:00 PM
1 Bus -
90028/
2
06/19/2017
Lucky Strike
9:00 AM
12:30 PM
2:30 PM
3:30 PM
80
6801 Hollywood
Lanes
Blvd
Hollywood, CA
90028
1 Bus -
18400 Avalon
2
06/20/2017
StubHub Center
9:00 AM
11:00 AM
2:30 PM
4:30 PM
80
Blvd.
Carson, CA 90746
2 Buses
3850 East Avenue
2
06/21/2017
Dry Town
10:00 AM
11:00 AM
4:00 PM
5:30 PM
-60
S
Q VMP,
Palmdale, CA
I SCP)
93550
27219 Camp
Plenty Road
Wrights Slot Car
10:00 AM
12:00 PM
1 Bus -
Santa Clarita, CA
2
06/22/2017
Racing/
9:30 AM
4.00 PM
80
91351
Newhall Pool
1230 PM
::
330 PM
/24907 Newhall
Avenue
Santa Clarita, CA
91321
Beach Day @
1 Bus -
5361 6` Street,
2
06/23/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
1
Carpinteria, CA
Beach
I
1
93013
Bid # REC-16-17-19 21
Week
Date
Location
Departure
Arriveto
Leave
Arrive
Buses
Address
Time
Location
Location
to Park
Valencia Town
1 Bus-
24201 Valencia
3
06/26/2017
Center
9:30 AM
10:00 AM
3:30 PM
4:00 PM
80
Blvd.
Santa Clarita,
CA 91355
9:00 AM
11:00 AM
1:30 PM
3:30 PM
I Bus -
4541 Mills
3
06/27/2017
Gameworks
80
Circle
Ontario, CA
91764
2 Buses
Knott's Berry
(1
8039 Beach
3
06/28/2017
Farm
8:00 AM
10:00 AM
3:30 PM
6:00 PM
VMP, 1
Blvd.
SCP)
Buena Park, CA
20880 Centre
3
06/29/2017
Santa Clarita
8;30 AM
9:00 AM
2:30 PM
3:00 PM
I Bus -
Pointe Parkway
Sports Complex
80
Santa Clarita,
CA 91350
Beach Day @
—IBus -
5361 O Street,
3
06/30/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Carpinteria, CA
Beach
93013
13943 Balboa
Blvd
MBZ
1 Bus _
Sylmar, CA
4
07/03/2017
Raceway/Newhall
8:30 AM
9:00 AM
12:00 PM
3:30 PM
80
91342/
Pool
12;30 PM
3:00 PM
24907 Newhall
Avenue
Santa Clarita,
CA
4
07/04/2017
Holiday — Camp
Closed
10:00 AM
10:30 AM
4:30 PM
5:00 PM
2 Buses
26101 Magic
4
07/05/2017
Hurricane Harbor
(1
Mountain Pkwy
VMP, 1
Santa Clarita,
SCP)
CA
I Bus -
500 Ninos Drive
4
07/06/2017
Santa Barbara Zoo
8:30 AM
10:00 AM
3:00 PM
4:30 PM
80
Santa Barbara,
CA
Beach Day @
1 Bus -
5361 6'b Street,
4
07/07/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Carpinteria, CA
Beach
93013
15112 Sierra
5
07/10/2017
Paimball USA
9:30 AM
10:00 AM
4:00 PM
4:30 PM
1 Bus -
Highway
80
Santa Clarita,
CA 91390
Discovery Science
1 Bus -
11800 Foothill
5
07/11/2017
Center Los
9:30 AM
10:00 AM
2:30 PM
3:00 PM
80
Boulevard
Angeles
Los Angeles,
CA 91342
2 Buses
8:00
8:00 PM
-60
1313 Disneyland
5
07/12/2017
Disneyland
10:00 AM
6:00 PM
(1
Drive
AM
VMP, I
Anaheim, CA
SCP)
Bid # REC-16-17-19 22
Week
Date
Location
Departure
Arrive to
Leave
Arrive
Buses
Address
Time
Location
Location
to Park
28656 The Old Road
Sky High
1 Bus -
Santa Clarita, CA
5
07/13/2017
Sports/Aquatic
10:30 AM
11:00 AM
1:00 PM
4.30 PM
80
91355/
Center
1:30 PM
4:00 PM
20850 Centre Pointe
Parkway
Santa Clarita, CA
5
Beach Day @
1 Bus -
5361 6`h Street,
07/14/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Beach
Carpinteria, CA 93013
9118 Balboa Boulevard
6
07/17/2017
Matador Bowl /
10:30 AM
11:00 AM
1:00 PM
4:30 PM
1 Bus -
Northridge, CA/
Northridge
1:30 PM
4:00 PM
80
18140 Parthenia Street
Skateland
Northridge, CA
30910 Sloan Canyon
Valley
9:45 AM
12:00 PM
I Bus -
Road
6
07/18/2017
Trails/Newhall
9:15 AM
12:30 PM
3:30 PM
4:00 PM
80
Castaic, CA/
Pool
24907 Newhall Avenue
Santa Clarita, CA
Raging Waters
8:30 AM
10:00 AM
3:30 PM
5:00 PM
2 Buses
111 Raging Waters
6
07/19/2017
- 60
Drive
(1
San Dimas, CA 91773
vMP, 1
SCP
1 Bus -
1111 S. Figueroa Street
6
07/20/2017
Staples Center
10:00 AM
11:30 AM
3:00 PM
4:30 PM
80
Los Angeles, CA 90001
Beach Day n
1 Bus -
53616" Street,
6
07/21/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Beach
Carpinteria, CA 93013
7
07/24/2017
California Science
8:00 AM
10:00 AM
4:00 PM
5:30 PM
I Bus -
700 State Drive
Center
80
Los Angeles, CA
Top Out
26332 Ferry Court
7
07/25/2017
ClimbingNalencia
8:30 AM
9:00 AM
11:00 AM
3:30 PM
1 Bus -
Santa Clarita. CA/
Laser Blast
11:30 AM
3:00 PM
80
23460 Cinema Drive #C
Santa Clarita, CA
2 Buses
-60
7
07/26/2017
Jump n' Jammin'/
9:00 AM
10:30 AM
4:00 PM
5:30 PM
(1
400 S. Baldwin Avenue
Dave & Busters
VMP, 1
Arcadia, CA 91007
SCP)
28680 San Francisquito
Don -E -Brook
9:00 AM
12:00 PM
I Bus -
Cyn
7
07/27/2017
Farm/ Newhall
8:30 AM
4:00 PM
80
Santa Clarita, CA/
Pool
1230 PM
3:30 PM
24907 Newhall Avenue
Santa Clarita, CA
Beach Day @
1 Bus -
53616" Street,
7
07/28/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Beach
Carpinteria, CA 93013
21516 Golden Triangle
I Bus -
Rd
8
07/31/2017
Mountasia/Santa
10:30 AM
11:00 AM
1:45 PM
430 PM
80
Santa Clarita, CA/
Clarita Lanes
2.00 PM
4:00 PM
21615 Soledad Canyon
Rd.
Santa Clarita, CA
3400 Warner Blvd
Warner Brothers
8:00 AM
9:15 AM
12:15 PM
4:00 PM
I Bus -
Burbank, CA/
8
08/01/2017
Studios/
1:00 PM
3:30 PM
80
20850 Centre Pointe
Aquatic Center
Parkway
Santa Clarita, CA
Bid # REC-16-17-19 23
Week
Date
Location
Departure
Arrive to
Leave
Arrive
Buses
Address
Time
Location
Location
to Park
2 Buses
8039 Beach Boulevard
8
—60
Buena Park, CA
08/02/2017
Knott's Soak City
8:30 AM
10:00 AM
3:00 PM
5:00 PM
(1
VMP, 1
SCP)
2131 John Wooden
8
UCLA Outdoor1
Bus -
08/03/2017
Adventures
8:00 AM
10:00 AM
2:30 PM
4:00 PM
80
Center
Los Angeles, CA 90095
Beach Day @
I Bus -
53616 Ih Street,
8
08/04/2017
Carpinteria State
9:00 AM
10:30 AM
2:30 PM
4:00 PM
80
Carpinteria, CA 93013
Beach
Bid # REC-16-17-19 24
EXHIBIT "B"
OTHER BUS NEEDS FOR RECREATION AND COMMUNITY SERVICES DIVISION
The bus usage
schedule
for the
Recreation and
Community Services Division programs
should include,
but is not
limited
to:
3
a) Chart below
PROGRAM
REASON FOR NEED
Trip Duration
# of
Passengers
Occurrences/
Buses
AGTF
VIDA (Vital Intervention through Directional
Alternatives): Excursions for program participants to
various destinations.
8 hours
30-35
3
iTeens
Summer program for teens
8 hours
30-35
7
Youth Grove: Excursions to the Youth Grove for
students of Drivers Education Classes
1-2 hours
20-30
3
NCC
Various field trips for members during summer
8 hours
60
8
CCCC
Various excursions for members throughout the
year
8 hours
60
4
Aquatics
Junior Lifeguards to Castaic Lake
6 hours
60
4
TOTAL
29
b) Possibly, various other trips as needed by the City's Youth and Family program
using buses for day trips. Three (3) additional trips per year for 8 hours each on
a 60 seat bus.
Bid # REC-16-17-19 25
EXHIBIT rrcrr
Typical Passenger Transport Vehicle Inspection Guide
Step 1: H aatgnm, canal a
Engine Compartment rxare„� trema
• Fluids
ErekeSa
• Belts and hoses
• Components (Alternator, etc.)
Step 2:
Front of Vehicle
• Condition of windshield
• Condition of wipers
• Lights and reflectors
Step 3:
Right Front Corner
• General condition
• Right front wheel
• Right outside mirror
• Front passenger door
Step 4:
Right Side of Vehicle
•
General condition
•
Lights and reflectors
•
Exit doors
•
Fuel cap securement
•
No fuel leakage
•
Exterior body condition
•
Baggage compartment doors are
secured
•
Right rear wheels
Q�W 1m
ErKym
V'oa aN mt
8q"I, Erake, a
Cleam L* hW
rrone Saspenaan &
Brake
trek tnnad
FUN Tank Area
Rear wm
Rear SUA91 nOwOn &
Mmk�
Bid # REC-16-17-19 26
Step 5:
Rear of Vehicle
• General condition
• Lights and reflectors
• Engine cover and inspection
doors are secure
• Bellows level
• Obvious fluid leaks
• Excessive exhaust or loud
exhaust noise
Step 6:
Left Side of Vehicle
• General condition
• Lights and reflectors
• Exterior body condition
• Left rear wheels
• Battery box secured
Step 7:
Left Front Comer
• General condition
• Left front wheel
• Left outside mirror
Step 8:
Inside the Vehicle
• Fire extinguisher (if applicable)
• Emergency reflectors (if applicable)
• Passenger entry and exit door
operation
• Emergency exits
• Interior lights
• Rear door interlock (if applicable)
• Seats
• Stanchions
• Handrails
Bid # REC-16-17-19 27
Step 9:
Operator's Cab
• Service brakes
• Gauges
• Parking brakes
• Horn
• Steering Mechanism
• Wiper operation
• Wheel chair lift & tie downs (if
applicable)
• Mirrors
• Turn signals
• Driver's seat belt
• Lights
• Passenger signals
• Heater/defroster
• Radio/PA system
• Sun visors
• Destination signs
Step 10:
In Cab Brake Check
• Refer to Section 5 for Air Brake Checks
Bid # REC-16-17-19 28
BIDDER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this bid. I agree to furnish
the commodity or service stipulated on this bid as stated in the bid specifications.
TERMS AND CONDITIONS
The solicitation, bidder's response and
the Purchase
Order (and Contract for services) constitute the
entire agreement between
the vendor and
the City of
Santa Clarita (City) covering the goods (including
services) described herein
(the "goods").
Time is of the
essence.
Shipment and Inspection. The terms and routing of shipment shall be as provided on the
Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to
any goods not then shipped. City shall have the right to inspect any or all of the goods at
vendor's place of business or upon receipt by City at City's election, which right shall be
exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason
of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or
goods which do not conform to the specifications therefore, or to have waived any of City's rights
or remedies arising by virtue of such defects or non-conformance. Cost of inspection on
deliveries or offers for delivery, which do not meet specifications, will be for the account of the
vendor.
2. Risk of Loss. Notwithstanding any provision hereof to the contrary, title to, and risk of loss of, the
goods shall remain with the vendor until the goods are delivered at the D.D.P. point specified in
this Contract, or if no such point is specified, then, when the goods are delivered to the City.
However, if the goods are of an inflammable, toxic or otherwise dangerous nature, vendor shall
hold City harmless from and against any and all claims asserted against City on account of any
personal injuries and/or property damages caused by the goods, or by the transportation thereof,
prior to the completion of unloading at City's receiving yard.
3. Warranties. Vendor warrants to and covenants with the City as follows: vendor will deliver to City
title to the goods free and clear of all security interest, liens, obligations, restrictions or
encumbrances of any kind, nature or description, the goods shall be free from defects in material
and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new
and not used or reconditioned; the goods and their packaging shall conform to the description
thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is
relying on vendor's skill and judgment In selecting and providing the proper goods for City's
particular use. The goods shall be in all respects suitable for the particular purpose for which
they are purchased and the goods shall be merchantable. Vendor shall indemnify and save and
hold City harmless from and against any and all damages, losses, demands, costs and expenses
arising from claims by third parties for property damage, personal injury or other losses or
damages arising from vendor's breach of its obligations hereunder.
4. Remedies. In the event of vendor's breach of this Contract, City may take any or all of the
following actions, without prejudice to any other rights or remedies available to City by law: (a)
require vendor to repair or replace such goods, and upon vendor's failure or refusal to do so,
repair or replace the same at vendor's expense: (b) reject any shipment or delivery containing
defective or nonconforming goods and return for credit or replacement at vendor's option; said
return to be made at vendor's cost and risk: (c) cancel any outstanding deliveries or services
hereunder and treat such breach by vendor as vendor's repudiation of this Contract. In the event
of City's breach hereunder, vendor's exclusive remedy shall be vendor's recovery of the goods or
the purchase price payable for goods shipped prior to such breach.
5. Force Majeure. For the purposes of this Contract, an event of "force majeure" shall mean any or
all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires,
floods or other acts of God; transportation delays; acts of government or any subdivision or
agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any
other cause, whether or not similar to the causes or occurrences enumerated above; in all cases,
which are beyond the control of the party claiming the occurrence of a force majeure event and
which delays, interrupts or prevents such party from performing its obligations under this
Contract. Notwithstanding any provision hereof to the contrary, the reduction, depletion,
shortage, curtailment or cessation of vendor's supplies or reserves or any other supplies or
materials of vendor shall not be regarded as an event of force majeure. The party affected by a
force majeure event shall give notice thereof to the other party within ten days following the
occurrence thereof and shall apprise the other party of the probable extent to which the affected
party will be unable to perform or will be delayed in performing its obligations hereunder. The
affected parry shall exercise due diligence to eliminate or remedy the force majeure cause and
shall give the other party prompt notice when that has been accomplished. Except as provided
herein, if performance of this contract by either party is delayed, interrupted or prevented by
reason of any event of force majeure, both parties shall be excused from performing hereunder
while and to the extent that the force majeure condition exists, after which the parties'
performance shall be resumed. Notwithstanding the foregoing, within five days following vendor's
declaration of a force majeure event which prevents its full and/or timely delivery of goods
hereunder, City may, at its option and without liability (a) require vendor to apportion among its
customers the goods available for delivery during the force majeure period; (b) cancel any or all
delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate
this Contract. If City accepts reduced deliveries or cancels the same, City may procure substitute
goods from other sources in which event this contract shall be deemed modified to eliminate
vendor's obligation to sell and City's obligation to purchase such substituted goods. After
cessation of a force majeure event declared by vendor, vendor shall, at City's option but not
otherwise, be obligated to deliver goods not delivered during the force majeure event. After
cessation of a force majeure event declared by City, neither party shall be obligated to deliver or
purchase goods not so delivered and purchased during the force majeure period.
6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of
any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade
name or copyright with regard to the goods, their manufacture or use, vendor shall at its own
expense defend such suit and shall indemnify and save and hold City harmless from and against
all claims, damages, losses, demands, costs and expenses (including attorney's fees) in
connection with such suit or threatened suit.
Compliance with Law. Vendor warrants that it will comply with all federal, state, and local laws,
ordinances, rules and regulations applicable to its performance under this Contract, including,
without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment
Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as
amended, and any rules, regulations or orders issued or promulgated under such Act and Order.
Vendor shall indemnify and save and hold City from and against any and all claims, damages,
demands, costs and losses which the City may suffer in the event that vendor fails to comply with
said Act, Order, rules, regulations or orders. Vendor further warrants that all goods sold
hereunder will comply with and conform in every respect to the standards applicable to the use of
such goods under the Williams -Steiger Occupational Safety and Health Act of 1970, as amended,
and any regulations and orders issued thereunder. Any clause required by any law, ordinance,
rule or regulation to be included in a contract of the type evidenced by this document shall be
deemed to be incorporated herein. Where permits and/or licenses are required for the prescribed
material/services and /or any construction authorized herein, the same must be first obtained
from the regulatory agency having jurisdiction there over.
8. Reports, Artwork, Designs etc.:
(a) If the goods are to be produced by vendor in accordance with designs, drawings or blueprints
furnished by City, vendor shall return same to City upon completion or cancellation of this
Contract. Such designs and the like shall not be used by vendor in the production of materials for
any third party without City's written consent. Such designs and the like involve valuable property
rights of City and shall be held confidential by vendor.
(b) If the Contract results in the creation of artwork, designs or written products, including but not
limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures,
analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor
expressly transfers all ownership and intellectual property rights including copyrights to the City
by signing the contract. Such works and the like shall not be used by vendor in the conduct of
any business with any third party without the City's written consent.
(c) Unless otherwise agreed herein, vendor at its cost shall supply all materials, equipment, tools
and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs
or other properties furnished by City or specifically paid for by City shall be City's property. Any
such property shall be used only in filling orders from City and may on demand be removed by
City without charge. Vendor shall use such property at its own risk, and shall be responsible for
all loss of or damage to the same while in vendor's custody. Vendor shall at its cost store and
maintain all such property in good condition and repair. City makes no warranties of any nature
with respect to any property it may furnish to vendor hereunder.
9. Governing
Law.
The Purchase Order and this Contract between
the parties
evidenced hereby
shall be deemed
to be made in the State of California and shall in
all respects
be construed and
governed by the
laws of that state.
10. Miscellaneous.
(a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of
any other such term, condition or provision, nor shall such waiver be deemed a waiver of a
subsequent breach of the same term, condition or provision.
(b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made
by City on this Contract or any other forms delivered to vendor shall be subject to correction.
(c) On the issue of primacy in disagreements in bid responses, words shall hold over numbers
and unit prices shall hold over extended prices.
(d) City may, upon notice of vendor and without liability to City, cancel this Contract and any
outstanding deliveries hereunder, (1) as to standard products of vendor not then shipped
hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take
possession of all or substantially all of vendor's assets, (B) vendor makes a general assignment
for the benefit of creditors, or (C) any action or proceeding is commenced by or against vendor
under any insolvency or bankruptcy act, or under any other statute or regulation having as its
purpose the protection of creditors, or (D) vendor becomes insolvent or commits an act of
bankruptcy. If an event described in (2) of this section occurs. City may at City's sole election
pay vendor its actual out-of-pocket costs to date of cancellation, as approved by City, in which
event the goods shall be the property of City and vendor shall safely hold the same subject to
receipt of City's shipping instructions.
11. Non -Collusion. By submitting a bid, bidder certifies they have not divulged, discussed or
compared their bid with other bidders, nor colluded with any other bidders or parties for invitation
to bid.
Protest Procedures - Any person or entity may present a formal protest to the
City with respect to solicitations being conducted by staff.
(1) Definitions
"Bidder" means any person or firm providing a timely, written
response to the City solicitation.
"Bid Protest" means any protest with regard to the response
submitted by another bidder.
"Response" means the written response to the City solicitation
provided by a person or firm.
"Solicitation Protest" means a statement of protest, dispute,
challenge, disagreement, disapproval or other objection regarding
documents, determinations or actions taken or contemplated by the
City with respect to a solicitation.
"Solicitation" means the document by which the City identifies
goods, equipment, services or public construction projects for which
it seeks a response.
(2) Format
The protest must be in writing and include the following information
at a minimum:
(a) The name, address and phone number of the protester, or
the authorized representative of the protester;
(b) The signature of the protester or authorized representative of
the protester;
(c) The solicitation number and title under which the protest is
submitted;
(d) A detailed description of the legal and/or factual grounds for
the protest and all supporting documentation. For protests
containing elements not based on publicly released
information the protest must contain documentation clearly
showing the date on which the protester received the
information; and
(e) The form of relief requested.
(3) Solicitation Protests
Protests of any kind regarding the solicitation including, but not
limited to, specifications, scope of work or process, must be
received by the City's Purchasing Agent not more than five
calendar days after the last day for questions or the last addendum
is issued, whichever is later. The decision by the Purchasing Agent
on any solicitation protest shall be final.
(4) Bid Protest and Review
(a) The protest, in the Format specified above, must
be submitted to the City Manager by email or by personal
delivery or overnight mail (to City Hall, 23920 Valencia
Boulevard, Suite 120, Santa Clarita, CA 91355) so that it is
received by the City no later than
seven calendar days after the bid opening.
(b) A copy of the protest must be served upon the bidder
subject to the protest in the same manner by which the
protest was submitted to the City Manager. Failure to serve
the protest upon the bidder subject to the protest is grounds
upon which the City may deny the protest.
(c) A bidder whose bid has been protested by another bidder
may submit to the City Manager a written response to the
protest by email or by personal delivery or overnight mail (to
City Hall, 23920 Valencia Boulevard, Suite 120, Santa
Clarita, CA 91355) so that it is received by the City no later
than seven calendar days after the protest has been served
by the protesting bidder.
(d) The City Manager or designee shall have up to ten calendar
days to decide whether to approve or reject the protest. The
written decision of the City Manager or designee on the
protest shall be served upon the protesting bidder and any
bidder subject to the protest within 14 calendar days of
receipt of the bid protest. The City Manager or designee
may extend the 10 calendar days if necessary to review
additional information requested from any bidder.
(e) The decision of the City Manager or designee on the bid
protest shall be final with no further review.
(5) State or Federal Funding
(a) If the subject matter of the solicitation or project is receiving
any State or Federal funds which requires a protest
procedure different than the procedures stated above, then
that protest procedure shall control.
(b) In the event there is any lawsuit filed against the City relating
to any federally funded project, the City will provide prompt
notice of that lawsuit to all agencies who participated in the
funding of the project.
(6) Mandatory Procedure.
This administrative procedure and the time limits set forth herein
are mandatory. Failure to comply with these mandatory procedures
shall constitute a waiver of any right to pursue the bid protest,
including filing a Government Code claim or any
legal proceedings or actions.