HomeMy WebLinkAboutResolution - 2008-R0253 - Contract For Campus Bus Service - City Transit Management Company, Inc. - 07_22_2008Resolution No. 2008-RO253
July 22, 2008
Item No. 5.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Contract for campus bus
service, by and between the City of Lubbock, City Transit Management Company, Inc.,
and Texas Tech University (TTU), and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 22nd day of July , 2008.
el-- f/ .a-
-TOM MARTIN, MAYOR
ATTEST:
'-9-v!=-
Rebeccl Garza, City Secretary
APPROVED AS. TO C
vvk
James Loomis (/ L�
Assistant City Manager/Transportation and Public Works
APPROVED AS TO —FORM:
City Attorney
gs/ccdocs/res-Contract-TTU-campus bus serv.08
July 11, 2008
MU9182/3
Resolution No. 2008-RO253
AGREEMENT
This Agreement, effective as of September 1, 2008, (the "Effective Date"), is by and between CITY
TRANSIT MANAGEMENT COMPANY, INC. (hereinafter referred to as the "Company"), TEXAS TECH
UNIVERSITY at Lubbock, Texas (hereinafter referred to as the "University"), and the CITY OF LUBBOCK,
TEXAS, a Home Rule Municipal Corporation (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the parties hereto are aware of the traffic and parking challenges on the campus of the University
as it relates to the expanding campus, enrollment growth, and the increasing number of commuting students,
staff, and faculty of the University; and
WHEREAS, the above named parties are desirous of relieving some of the traffic congestion and expediting
transit between areas in and immediately adjacent to said University campus; and
WHEREAS, City executed a management contract with McDonald Transit Associates, Inc., dated September
4, 2003, in which the City is obligated to provide capital assets reasonably required for the operation of the
public transportation system of the City, and McDonald Transit Associates, Inc. agreed to provide
management and advisory services for the system and to maintain the Company to employ the individuals
necessary to operate the system; and
WHEREAS, the Agreement embodies the intention and resolution of the above named parties:
NOW, THEREFORE WITNESSETH THIS AGREEMENT:
I.
Term
It is agreed and understood by and between the parties hereto that a University bus service utilizing up to thirty
(30) buses will be provided by the Company during the period beginning September 1, 2008, and terminating
on August 31, 2009, provided; however, that either the Company or the University may terminate said bus
service upon thirty (30) days' written notice delivered to the other party by registered mail.
II.
Bus Operations
With respect to bus operations, Company and University agree that the following conditions shall apply:
A. Company will furnish buses having a manufacturer's rated seating capacity of not less than 33 with
driver -operated front and side doors. The Company will provide the necessary personnel to service the
route or routes designated by the University during the period specified in the preceding Paragraph I of
this Agreement. The number of buses and the operating periods will be subject to continuous review,
and the University will advise Company in writing with regard to its needs and with respect to any
changes in the number of buses and/or operating periods; subject to equipment availability, said
changes will be instituted by Company within five (5) days after receipt of written notice from
University. Initial service, commencing on September 1, 2008, shall be on a schedule provided by the
University in writing prior to that date.
B. In the event that it develops during any portion of the period first specified in Paragraph I hereinabove,
that a change in or extension of route, removal of a route, or addition of a new route is necessary or
desirable, Company shall make such changes or extensions of a route or routes, shall remove a route,
or shall add a new route upon University's request. The changes to be made by Company, therefore,
shall be upon the basis, and shall be subject to the conditions and limitations, as are set forth in
Subparagraph E of this Paragraph hereinbelow. Also, in the event it develops during said period that
an additional bus or buses are required in order to meet the demand for said bus service during any
operating period or periods, Company, if it has available buses uncommitted to other service routes or
contracts, at the University's written request, at the University's written request, shall provide such
additional bus or buses for said service during said operating period or periods upon the same basis, as
is set forth hereinabove. University shall have the right to terminate any such changes, extensions, or
new routes upon five (5) days' written notice to the Company.
Page 1 of 6
C. Buses shall stop to receive or discharge the passengers entitled to use, and using, bus service at such
points as shall be agreed upon from time to time during said periods, between Company and
University, and University will identify in writing the points at which stops will be made by said buses.
The Company will provide acceptable markers.
D. Company will exercise due diligence to adhere to the time schedules hereinabove referred to, but
minor deviations therefrom due to variations in traffic, weather, or load conditions shall not be deemed
to be a default hereunder.
E. University has exclusive rights to on -campus busing. Only routes designed and paid for by the
University will be permitted on the campus. Buses utilized on routes paid for by independent
companies or housing facilities will be permitted to use the University park and ride lot. They will not
be permitted on campus. Buses used pursuant to service orders placed by companies or individuals
will be permitted on campus for touring purposes only.
F. All revenues received by the Company pursuant to the Agreement shall be and remain from the time of
the Company's receipt thereof the property of the City, and the treatment of such revenues, including
the banking thereof, and the accounting therefor, shall be as directed by a representative designated by
the City Manager of the City. Company shall not collect fares from its passengers, but shall charge
University for providing said on -campus bus service as follows:
During the period from September 1, 2008 to August 31, 2009:
A minimum for 37,244.61 hours of service at a base rate of $50.38 per hour, for a
total for $1,876,383.45. Hours are calculated based on the published 2008-09 school
calendar.
Such charges shall be adjusted each month to reflect any change above or below the monthly average
of the actual price paid per gallon of fuel in that month by Company on a base figure of $3.80 per
gallon. The adjustments shall be based on fuel consumption of 2.5 gallons per hour of operations per
vehicle and shall be accomplished according to the following formula:
Adjusted Hourly Rate per Vehicle = Base Rate + (2.5 x Fuel Cost Above $3.80 per Gallon)
OR
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $3.80 per Gallon)
G. All revenues received by the Company pursuant to the Agreement shall be and remain from the time of
the Company's receipt thereof the property of the City, and the treatment of such revenues, including
the banking thereof, and the accounting therefore, shall be as directed by a representative chosen by the
City Manager of the City. Company shall not collect fares from its passengers, but shall charge
University for providing said off -campus bus service as follows:
During the period from September 1, 2008 to August 31, 2009:
A minimum for 5,457.83 hours of service at a base rate of $50.38 per hour, for a total
for $274,965.48. Hours are calculated based on the published 2008-09 school
calendar.
Such charges shall be adjusted each month to reflect any change above or below the monthly average
of the actual price paid per gallon of fuel in that month by Company on a base figure of $3.80 per
gallon. The adjustments shall be based on fuel consumption of 2.5 gallons per hour of operations per
vehicle and shall be accomplished according to the following formula:
Adjusted Hourly Rate per Vehicle = Base Rate + (2.5 x Fuel Cost Above $3.80 per Gallon)
OR
Page 2 of 6
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $3.80 per Gallon)
Company shall submit an invoice at the end of each month showing the amount due for service provided.
Contemporaneously therewith, Company will present University with a billing at the close of operations
on the last day of each month. Such bill is to be paid as promptly as possible in usual course of University
business and in accordance with State law. The Company will provide an income and expense statement
at the end of the contract period.
$2,151,348.93 + $148,651.07 = $2,300,000
Service Cost Estimated Estimated
Fuel Cost Total Cost
Adjustment
H. Company shall allow Texas Tech University students to ride any fixed route at no charge when they show
a current Texas Tech Student Identification Card.
III.
Service Orders
The Federal Transit Administration has issued new charter regulations, Federal Register 49 CFR Part 604,
effective April 30, 2008, that drastically change the way public transportation providers, such as Citibus, can
provide charter service. The rules are set up to protect private charter companies from unfair competition from
public transportation systems that receive Federal funds. The Federal Transit Administration has created a
website(www.ft.dot.gov/charterregistration) where private charter operators can register for all geographic
regions in which they are interested in providing service.
Due to the new regulations, when a public transportation system receives a request for a charter they cannot
simply agree to provide the service. The public transportation system will get the details of the service that is
being requested and will e-mail the information to all private charter companies listed in their geographic area.
If any of the private charter companies indicate to us that they are interested in providing the service public
transportation system will not be able to provide the service for any reason. The private charter companies
that have expressed interest in the service will contact the potential customer to work out the details of the
service requested. In order for this process to take place public transportation systems must have at least four
day's notice on charter requests.
In the event that Company is able to provide charter service to the University, Company shall furnish service
orders, if equipment is available, for the transportation within fifty (50) miles of the City limits of such special
groups as may be designated by University. Company will charge University for providing said service orders
the sum of $125.00 for the first hour of service, $125.00 for the second hour of service, and $100.00 for the
third hour of service for each bus used in said service. Any service orders exceeding three hours will be billed
$55.00 per hour after the first three hours. The above mentioned rates are the same rates that are charged to
the general public. There will be a one hour minimum required on all service orders. Billing periods and
reports of operation shall be submitted in accordance with the provisions of Subparagraph F of Paragraph II
hereinabove.
IV.
Publicity
The University will undertake and conduct a program designed to publicize the existence of said bus service
and to acquaint its staff members and students with the availability of the same during the period in which it is
provided in accordance with and under the Agreement. The Company will provide appropriate timetables for
the convenience of students. The Company will also provide students with pocket -sized campus maps and
place an advertisement in The Daily Toreador at the beginning of the Fall Semester. The Company will obtain
the Student Government Association's approval of any advertisements before placing them in the buses used
on campus.
The Company will provide lease space for two vinyl wrap bus advertisements to the University at no charge.
The vinyl wraps will be designed by the University with final approval by the Company. The Company will
Page 3 of 6
be responsible for having the vinyl produced and installed. The University will be responsible for the
production and installation cost of the vinyl.
The Company will provide reasonable space for in -bus signage for student organizations that are advertising a
non -revenue generating event at no fee to the University. The organization is responsible for the artwork and
production of the signage. All signage must be approved in advance by the Student Government Association
and Citibus. The Company will place two (2) advertisements per bus. Signage must be laminated to 11" x
17" in a horizontal format. In order to place two (2) advertisements per bus the organization will need to
provide ninety (90) posters to the Company. All signage must comply with the Companies advertising
policies
V.
Service Provided
Company will provide and use at all times, buses that are in good and safe mechanical condition, and are also
in reasonably clean condition, and will also provide competent and duly licensed drivers by whom said buses
shall be driven, and Company will assume full and complete responsibility for the condition of said buses and
the qualifications and competence of its drivers at all times, and University assumes no obligations whatsoever
for either of the same.
Vl.
Independent Contractor Relationship
In providing and furnishing said bus service during the term hereof, Company shall act solely in the capacity
of and as an independent contractor, and not as an agent or employee of the University, and University shall
have no control over Company's operations in connection with providing said service except as hereinabove
provided and University shall have no control or supervision whatsoever over the drivers of the buses used in
said service who shall be employed by Company. Said drivers shall not constitute agents or employees of
University, and shall be subject solely to Company's supervision and control.
VII.
Insurance and Risk
A. It is recognized by the parties hereto that Company and the City of Lubbock, Texas, have entered into an
Agreement for the purpose of Company providing transportation services in and around the City of
Lubbock, Texas, including the University. That under said Agreement, the Company carries and keeps in
force an insurance policy insuring both City and Company against liability for personal injury or property
damages arising out of the operation of said bus services and that the services provided herein are also
conducted pursuant to the Agreement between the City of Lubbock and Company. At all times during
which Company shall provide the bus services mentioned herein and upon the above and foregoing terms
and conditions, University shall be protected under Company's insurance coverage against liability and
personal injuries or personal damages arising out of the operation of said bus service to the extent of at
least $300,000 for personal injury to any one person, $500,000 for each occurrence, and $300,000 for
property damages sustained in any accident or occurrence arising out of the operation of said bus service
and the University shall be furnished a certificate of Company's insurer showing coverage to be at least in
the sums just stated. Said insurance policy shall name and include "The Board of Regents of Texas Tech
University" and "Texas Tech University" as named insured. Said policy or policies shall, upon request, be
subject to the examination and approval of the University.
B. Company, as named insured, assumes, to the extent of the insurance coverage maintained, the risk of
service operation and University shall not be liable for damage to any and all buses or other Company
property used in the bus service operation regardless of the cause thereof. To the extent of the proceeds of
such insurance, the University shall be reimbursed for any damage or injury to University property arising
out of or resulting from the said bus service operation except that no such reimbursement shall be made
for (1) damage to pavement by normal operation of buses, or (2) any damage or injury caused by acts or
omissions over which Company, its employees, or agents had no control.
Page 4 of 6
VIM
Maintenance
Company agrees to maintain and operate said bus service and the buses used in providing the same in a safe,
efficient and lawful manner, and in so doing, shall comply with all applicable statutes, municipal ordinances,
and traffic rules and regulations promulgated by the University.
IX.
Miscellaneous
A. It is further agreed that this Agreement is made solely for the benefit of the University, the Company, and
the City, and no one else, whether a staff member or student of University, or otherwise, and that no action
or defense may be founded upon this Agreement except by the parties signatory hereto.
B. In no event shall the Company be deemed to be in default of any provision of this Agreement for failure to
perform where such failure is due solely to strikes, walkouts, civil insurrections or disorders, acts of God,
or for any other cause or causes wholly beyond the control of the Company. In such eventuality, the
University may, upon twelve (12) hours' notice to the Company, request the temporary suspension of bus
service until the resumption of normal class schedules, in which event the Company will not furnish buses
or be paid for services until the resumption of services. The University shall, in such cases, notify the
Company twelve (12) hours in advance of the time service is to be resumed.
X.
Dispute Resolution
A. The dispute resolution process provided for in the Texas Government Code, Chapter 2260 shall be used
by the University and the Company in an attempt to resolve any unresolved claim for breach of contract
arising under this Agreement and made by the Company.
Page 5 of 6
EXECUTED, as of the Effective Date hereof.
TEXAS TECH UNIVERSITY CITY TRANSIT MANAGEMENT CO., INC.
Guy Bai ey,, Presi ent Jo L. Wilson, Vice President
Date: l
ACKNOWLEDGED AND AGREED TO
CITY OF LUBBOCK
Dr. Michael Shonrock, ice President for Tom Martin, Mayor
Student Affairs
Date: --7/L'91A 9
0/4- ATTEST:
Chief Fis al Of icer
Date: Reber a Garza, City Secretary
APPROVED AS TO CON NT:
REVIEWED FOR FORM
TEXAS TECH UNIVERSITY
G�
ames Loomis
Assistant City Manager Trans tYon Public
Genera Counse Works
Date:
APPROVED AS TO
. Mic a atte .te, Assistant City Attorney
Revised 7-1-08
Page 6 of 6
r
I
:T L
L'YrERGOVERNMENTAL RISK POOL
r RP Contract Number:
458
Resolution No. 2008—RO253
Certificate of Coverage d
�. ember. Company Affording Coverage:
Lubbock-Citibus Texas Municipal League Intergovernmental Risk Pool
Ms Julie Rowden PO Box 149194
I Human Resources Director Austin, TX 78714-9194
PO Box 2000 (512) 491-2300 or (800) 537-6655
I
Lubbock,Texas 79457 Fax: (512) 491-2404
j Certificate Holder:
Texas Tech University
Board of Regents
PO Box 4610
Lubbock, TX 79414
This Is to certify that the coverages fisted below have been provided to the member and are in effect at this time. Notwithstanding any requirements
terms, or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded b�
the Texas Municipal League Intergovernmental Risk Pool (TIViL-IRP) described herein is subject only to the terms, exclusions and additions of TML
IRP's coverage contracts between TML-iRP and its member(s), Coverage Is continuous until canceled.
I
i
I
General Llabtilty
Limits of Liability (Each Occurrence):
SuHrien Events Involving Pollution
(' Occurrence):
AnswalAggregate:
Deductible per Occurrence:
Effective Date:
Anniversary Date:
$1,000,000
$1,000,000
$2,000,000
$0
10/1/2007
10/1/2008
Real & Personal Property
Limits of Coverage:
Deductible per Occurrence:
Effective Date:
Anniversary Date:
Mobile Equipment
Limits of Coverage:
Deductible per Occurrence:
Effective Date:
Anniversary Date:
Law Enforcement Liability Effective Date:
Anniversary Date:
Limits of Liability (Each Occurrence):
Annual Aggregate:
Deductible per Occurrence:
Boller & Machinery - Broad Form
Per Accident Limit
Deductible per Occurrence:
Effective Date:
Anniversary Date:
Errors and Omissions Liability Effective Date:
Anniversary Date:
Limits of Liability(Each Wrongful Act):
Annual Aggregate:
Deductible per Occurrence:
Mortgagee
Loss Payee
Loan Number:
Yes No
Auto Liability
Limits of Liability (Each Occurrence):
Deductible per Occurrence:
Effective Date:
Anniversary Date:
$1,000,000
$0
10/112007
10/1/2008
Year/Make/Model
ViN
Value
Auto Physical Damage
Limits of Liability:
Collision Deductible:
Comprehensive Deductible:
Effective Date:
Anniversary Date:
Yes
Loss PayeR:1 I
Na
Loan Number:
respects to the City of Lubbock - Citibus' Charter Sus Operations
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-IRP will endeavor to mail
30 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind
upon TML-IRP.
Authoriz I Representative Date Issued
�
61 200 X102
02J 16106