HomeMy WebLinkAboutResolution - 1149 - Agreement - TMC, & TTU - Campus Bus Service - 07_22_1982j
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RESOLUTION 1149 - 7/22/82 j
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 an Agreement
between Transit Management Company of Lubbock, The Board of Regents of Texas
Tech University at Lubbock, Texas, and the City of Lubbock, Texas, for bus
service on the campus of Texas Tech University, a copy of which is attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Res-
olution as if fully copied herein in detail.
Passed by the City Council this 22nd day of July 1982.
BILL MCAL STER, MAYOR
ATTEST:
Evelyn Gaff ga, 'City S4'cr"r_Treasurer
APPROVED AS TO CONTE (/
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
d G. Vandiver, First Asst. City Attorney
RESOLUTION 1149 - 7/22/82
. rITY SECRETARY -TREASURER Contract # 390
Account # 12-8016-200000
AGREEMENT
22nd July
This Agreement, made and entered into this iB&dx day. of JK=, 1982, by and
between TRANSIT MANAGEMENT COMPANY OF LUBBOCK (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 "City").
W I T N E S S E T H:
WHEREAS, the parties hereto are aware of the traffic and parking problems on
the campus of the University as it relates to the expanding campus and the
increasing number of 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, Company and City have entered into a management agreement dated
August 23, 1979, in which City is obligated to provide certain insurance
covering the operation of the public transportation services in and around
the City of Lubbock including the services provided under this Agreement; and
WHEREAS, this 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 Uni- .
versity bus service utilizing approximately eight (8) buses will be provided
by Company during the period beginning with September 1, 1982, and terminating
on August 31, 1983, provided, however, that either Company or University may
terminate said bus service upon thirty (30) days wiitten notice delivered to
the other 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 seating capacity (Manufacture
rated) of not less than 33 with driver operated front and side
doors. It is agreed that certain seats may be removed from said
buses to facilitate the ingress and egress necessary to accommodate
the high volume of passenger turnover; except that all buses will
provide seats for not less than 26 passengers. 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 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 shall be
instituted by Company within five (5) days after receipt of written
notice from University. Initial service commencing on September 1,
1982, shall be on a schedule provided by the University 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 a route, removal of a route, or addition of a new route is neces-
sary 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 charges 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 is able to provide same, 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.
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 period, between Company and University,
and University will identify the points at which stops will be made
by said buses. Acceptable markers will be provided by the Company.
D. Company will exercise due diligence to adhere to the time schedules
hereinabove referred to, but minor deviations therefrom due to vari-
ations in traffic, weather or load conditions shall not be deemed to
be a default hereunder.
E. Company shall not collect fares from its passengers, but shall
charge University for providing said bus service the sum of twenty-
two and 90/100 Dollars ($22.90) per hour base rate for each bus used
in said service, which charge 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 and a base figure of
$1.05 per gallon. The adjustment shall be based on fuel consumption
of 2.5 gallons per hour of operation per vehicle and shall be
accomplished according to the following formula:
Adjusted Hourly Rate per Vehicle =Base Rate + 2.5 x Fuel
Cost Above $1.05 per gallon.
Or
Adjusted Hourly Rate per Vehicle = Base Rate - 2.5 x Fuel
Cost Below $1.05 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 to be paid as
promptly as possible in the usual course of University business.
The Company will provide income and expense statements at the end
of contract period.
Supplemental Bus Service
In addition to the scheduled bus service over specified routes as provided for
in Paragraph II hereinabove, Company shall furnish such other supplemental ser-
vice, if equipment is available, for the transportation of such special groups
as may be designated by University. Such supplemental service shall be fur-
nished by Company at any time during the hours from 7:00 a.m. to 11:30 p.m.,
upon receipt of three (3) days' written notice from University. Company will
charge University for providing said supplemental service the sum specified
in Subparagraph E of Paragraph II hereinabove, for each bus used in said ser-
vice. Billing periods and reports of Subparagraph E of Paragraph II herein -
above, and subject to Paragraph II, Subparagraphs A and B.
IV..
Publicity
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 appro-
priate time tables for convenience of students.
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 conditions, 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 con-
ditiofi of said buses and the qualifications and competence of their drivers,
at all times, and University assumes no obligations whatsoever for either of
the same.
1"
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 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
whatever over the drivers of the buses used in said service who shall be
employed by Company. Said drivers shall constitute Company's employees only,
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, including to the University. That under said agreement the
City 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 here-
in and upon the above and foregoing terms and conditions, University
shall be protected under City's insurance coverage against liability
and personal injuries or personal damages arising out of the opera-
tions of said bus service to the extent of at least $100,000 for
personal injury to any one person, $300,000 for each occurrence, and
$50,000 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 City'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" as
names insured. Said policy or policies shall, upon request, be
subject to the examination and approval of University.
B. Company, as a named insured under City's insurance coverage, assumes
to the extent of the insurance coverage maintained by the City, the
risk of 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.
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 applieable 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 University and Company, that it is not made for the
benefit of any third person, 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 Uni-
versity shall have the right to procure appropriate transportation
service from others during the period. If, for any reason beyond
the control of the University, including but not limited to epi-
demics, student strikes or disorders, or severe weather conditions,
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 fur-
nish buses or be paid for services until the resumption of service.
The University shall, in such cases, notify the Company twelve (12)
hours in advance of the time service is to be resumed.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be exe-
cuted in their respective names and behalf by their duly authorized officers
and agents and their respective seals to be hereunto affixed, all as of the
24th day of June, A.D., 1982.
TEXAS TECH UNIVERSITY
74
• ijo Dr. Lauro Cavazos, Presidelft
and Chief Executive Officer
ATTEST:
-EVelyn Gafirgi,
City Secretary -Treasurer
TRANSIT MANAGEMENT COMPANY
OF LUBBOCK
&4," �_ _�W�
wigh ddox, Vice Presid6nt
ACKNOWLEDGED AND AGREED TO only
in as far as set out in Section VII
A and B:
CITY OF LUBBO
w
BI Mc ISTER, MAYOR
APPROVED AS TO CONTENT:
John L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
o G. Vandiver,
Assistant City Attorney
COMPARISON OF TRANSIT OPERATING CONTRACT WITH TEXAS TECH
Operating Expenses
Administrative Costs
Indirect Costs
Depreciation --Buses (1)
Depreciation --Other Equipment (2)
Building Use Charge (3)
TOTAL
System Hours of Operation
Cost Per Hour
Excludes Depreciation
$214,998 $214,998
9,033
874
$214,998
10,601
$224,905
20.28 $
Includes Dear.eciation
$214,998
$214,998
9,033
9,033
874
874
15,320
15,320
3,571
3,571
2,3o8
$243,796 $246,1o4
10,601 10,601 10,601
21.21 $ 22.99 $ 23.21
1) Depreciation of the 8 buses used by Texas Tech 45% of the time. Total cost was
$1,012,816 with $400,000 salvage value ($50,000 per bus) to be depreciated
over an 18-year life.
2) Other equipment includes 3 support vehicles, 1 maintenance vehicle, radio
spare bus components, office equipment and furniture, shop tools and
equipment, and washing and cleaning equipment. Total depreciation for
these items during Fiscal Year 1982-83 would be $35,016. Texas Tech's share
of this depreciation would be 10.2%, based on the system usage.
3) The building use charge is 2% of the total cost of the transit building
($1,131,513) x Texas Tech's l'O.2% system usage.
CITIBUS OPERATING EXPENSES
FY 1982-83 BUDGET
TOTAL SYSTEM
*
TECH
% OF TOTAL
City Personnel
$ 100,474
(47,516) (a)
$ 5,402
10.2%
City Supplies
7,900
806
10.2%
Professional Services
21,500
(14,000) (b)
765
10.2%
Boards & Commissions
1,200
122
10.2%
Surety Bonds
12
1
10.2%
Other Insurance
14,672
1,497
10.2%
Utilites - Telephone
6,360
649
10.2%
Dues, Training & Travel
4,100
418
10.2%
Indirect Costs
8,570
874
10.2%
Contract Costs
Labor
$ 885,774.
$116,036
13.1%
Fringe Benefits
221,736
29,047
13.1%
Services
109,615
11,181
10.2%
Materials & Supplies
418,978
42,736
10.2%
Utilities
46,290
4,722
10.2%
Casulaty & Liability Costs
60,295
6,150
10.2%
Taxes
18,362
1,873
10.2%
Misc. Expenses (Marketing)
54,894
(40,000) (c)
1,519
10.2%
Interest Expense
10,850
1,107
10.2%
Lease and Rentals
-0-
-0-
-0-
Total Operating/Planning Expenses
$1,991,582
$224,905
11.3%
System Hours of Operation
81,149
10,601
13.1%
System Mileage
987,771
100,352
10.2%
Operating/Planning Costs Per Hour
$ 24.54
$ 21.22
* Costs Not Included in the Tech Contract - During the bidding process last year
certain items planning and marketing were singled out as not needed in the Tech
service by Tech officials.
(a) Labor and personnel costs involved in marketing and planning activities -
$47,516.
(b) Professional Services - $14,000 - Part of the Technical Studies Grant involves
surveys and consulting fees with the studying of the City route system,
Demand/Response System, and charter service. No involvement with the Tech
service at all.
(c) Marketing Expenses - $40,000 - With PPA and promotional activities - Involves
radio, television, printing of maps, etc... for the City route system, charter
service, and the Demand/Response System.
$21.22
per
hour
operating expense
$ 1.44
per
hour
depreciation
$ 24
per
hour
contingency
22.90
per
hour
contract charge
OPERATING ASSISTANCE GRANT
PROJECT BUDGET
October 1, 1'982 - September 30, 1983
Total System
Total System
With Tech
Without Tech
Operating Expenses
City Personnel
$ 100,474
$ 100,474
City Supp.lies
7,900
7,900
Professional Services
21,500
21,500
Boards and Commissions
1,200
1,200
Surety Bonds
12
12
Other Insurance
14,672
13,175
Utilities --Telephone
6,360
5,711
Dues, Training and Travel
4,100
4,100
156,218
154,072
INDIRECT COSTS
8,570
8,570
Contract Costs
Labor 885,774 769,738
Fringe Benefits 221,736 192,689
Services 109,615 98,434
Materials and Supplies 418,978 376,242
Utilities 46,290 41,568
Casualty and Liability Costs 60,295 54,145
Taxes 18,362 16,489
Miscellaneous Expenses (Marketing) 54,894 54,894
Interest Expense 10,850 9,743
1�794 1 ,61-3,942
Total Operating/Planning Expense 1,991,582 1,776,584
Less Eliminations:
1-7Charter Expenses 40,000 59,338
2--Technical Studies Grant 42.930 _ 42,930
l 82,930 IOZ,2 8
Eligible Operating Expenses 1,908,652 1,674,316
Less Farebox Revenue 394,405 394,405
Net Projects Cost 1,514,247 1,279,911
Local Share
City of Lubbock 531,142 626,576
University Student Funds 255,928 -0-
Senior Citizen Shopper 4,080 4,080
Charter Profit 9,300 9,300
00, 50 639,956
Net Advanced on Operations Before
Applying UMTA Funds 713,791 639,955
UMTA Funds Requested 713,791 639.955