HomeMy WebLinkAboutResolution - 2013-R0233 - Contract - TTU - Bus Service - 07/23/2013Resolution No. 2013-RO233
July 23, 2013
Item No. 5.9
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock 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 and Texas Tech University, 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 on .r„i y 93, 2013
GLEN r . ROB f SON, MAYOR
ATTEST:
Reber a Garza, City SecretarU
APPROVED AS TO CONTENT:
Bill Ho erton, Citibus Liai n
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES. Contract-TTU
July 28, 2013
Resolution No. 2013—RO233
AGREEMENT
This Agreement, effective as of September 1, 2013, (the "Effective Date"), between 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 the University campus; 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 the parties hereto that a University bus service utilizing up to
thirty-six (36) buses shall be provided by the City during the period beginning September 1,
2013, and terminating on August 31, 2014, provided; however, that either the City or the
University may terminate said bus service upon thirty (30) days' written notice delivered to the
other party by registered mail.
The City executed a management contract with McDonald Transit Associates, Inc.
("Company") dated August 28, 2008, 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.
The Company is the agent of the City and University acknowledges, recognizes and hereby
consents to the City's use of the Company to provide the services required by this Agreement.
II.
Bus Operations
With respect to bus operations, the City and University agree that the following conditions shall
apply:
A. The City shall furnish buses having a seating capacity (manufacturer's rating) of not less
than 33 with driver -operated front and side doors; with the exception of the Tech Terrace
route seating capacity of not less than 21. The City shall 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
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periods shall be subject to continuous review, and the University shall advise the City 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 the
City within five (5) days after receipt of written notice from the University. Initial
service, commencing on September 1, 2013, 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 route, removal of a route, or addition of a
new route is necessary or desirable, the City shall make such changes or extensions of a
route or routes, shall remove a route, or shall add a new route upon the University's
request. The changes to be made by the City, 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, the City, 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.
The University shall have the right to terminate any such changes, extensions, or new
routes upon five (5) days' written notice to the City.
C. Buses shall stop to receive or discharge the passengers using bus service at such points as
shall be agreed upon from time to time during said periods, between the City and the
University, and the University shall identify the points at which stops will be made by said
buses. The City shall provide acceptable markers.
D. The City shall 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. The University has exclusive rights to on -campus busing. Only routes designed and paid
for by the University shall be permitted on the campus. Routes paid for by independent
companies or housing facilities shall be permitted to unload passengers at a location to be
determined by the University. They shall not be permitted on campus. Service orders
placed by companies or individuals shall be permitted on campus for touring purposes
only.
F. The City shall not collect fares from its passengers, but shall charge the University for
providing said on -campus bus service as follows:
During the period from September 1, 2013, and August 31, 2014:
City proposes to provide an estimated 48,373.66 hours of service at a base
rate of $50.00 per hour, for a total for $2,418,683.00. Hours are calculated
based on the published 2013-14 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 the City on a
base figure of $3.10 per gallon. The adjustments shall be based on fuel consumption of
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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 $3.10 per Gallon)
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $3.10 per Gallon)
G. The City 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, 2013, and August 31, 2014:
City proposes to provide an estimated 20,823.47 hours of service at a base
rate of $50.00 per hour, for a total for $1,041,173.50. Hours are calculated
based on the published 2013-14 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 the City on a
base figure of $3.10 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 $3.10 per Gallon)
Adjusted Hourly Rate per Vehicle = Base Rate - (2.5 x Fuel Cost Below $3.10 per Gallon)
The City shall submit a monthly invoice showing the amount due for service provided.
Contemporaneously therewith, the City shall present the University with a billing by the 15`h
of each month for the prior months hours of service provided. Such bill is to be paid by the
University no later than 30 days after receipt of the invoice, in accordance with State law.
The City shall provide an income and expense statement at the end of the contract period.
$3,459,856.50 + $0.00 = $3,459,856.50
Service Cost Estimated Estimated
Fuel Cost Total Cost
Adjustment
It is understood between both parties that the discount base rate of $50.00 shall apply conditional
upon a total contract hours usage of 60,000 hours or greater. In the event the total hours are less
than 60,000 the contract base rate of $51.25 shall apply. The $51.25 base rate will be retroactive
from the start date of the contract.
Page 3 of 8
H. The City shall allow Texas Tech University students to ride any fixed route at no charge
when they show a current Texas Tech Student Identification Card.
I. In a campus emergency situation, the Managing Director of University Parking Services is
the Emergency Transportation Officer. During an emergency situation, the transportation
of people may have to be facilitated or restricted from areas at risk and in support of
response and recovery activities. The Emergency Transportation Officer, working as part
of the Emergency Operations Center, has responsibility for arranging for or providing the
transportation needed to support emergency operations.
It is assumed the City will continue to provide service pursuant to this agreement during
emergency situations. Campus transit system buses may be diverted from their normal
routes and scheduled as needed to support University emergency operations.
II.
Service Orders
The Federal Transit Administration has issued charter regulations, Federal Register 49 CFR Part
604, effective April 30, 2008. (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 regulations, when a public transportation system receives a request for a charter it
cannot simply agree to provide the service. The public transportation system shall get the details
of the service that is being requested and shall e-mail the information to all private charter
companies listed in its geographic area. If any of the private charter companies indicate to us
that they are interested in providing the service, the public transportation system shall not be able
to provide the service for any reason. The private charter companies that have expressed interest
in the service shall 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 days'
notice on charter requests.
In the event that the City is able to provide charter service to the University, the City 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 the University. The City shall
charge the University for providing said service orders the sum of $130.00 for the first hour of
service, $130.00 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 shall be billed $60.00 per
hour after the first three hours. The above mentioned rates are the same rates that are charged to
the general public. There shall be a one hour minimum required on all service orders. Rates will
not be pro -rated until the fourth hour of service. Billing periods and reports of operation shall be
submitted in accordance with the provisions of Subparagraph F of Paragraph II hereinabove.
Page 4 of 8
IV.
Publicity
The University shall 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 City
shall provide appropriate timetables for the convenience of students. The City shall also provide
$4,500 towards the production of pocket -sized campus maps. The City shall also place an
advertisement in The Word Publications at the beginning of the Fall Semester. The City shall
obtain the Student Government Association's approval of any advertisements before placing
them in the buses used on campus.
The City shall provide lease space for six (6) vinyl wrap bus advertisements to the University at
no charge for a period of one year. At the end of the first year, the University has the option to
replace all six (6), or any number up to six, of the vinyl wraps. The University will be charged a
reduced lease rate of $500 per month for any vinyl that remains on the bus past the initial year.
No vinyl will stay on the bus for longer than three years. The University will have a total of six
(6) vinyl wrap buses available to them at any given time. The University has the option to
purchase additional vinyl wraps, over the agreed upon six, at the publicly advertised lease rate.
Vinyl is warranted for two years, window vinyl is warranted for one year. After one year, and
every year after, the City shall determine the condition of the vinyl for renewal option. Any
vinyl replacement would be at the University's cost.
The vinyl wraps shall be designed by the University with final approval by the City. The City
shall be responsible for having the vinyl produced and installed. The University shall be
responsible for the production and installation cost of the vinyl.
The City shall provide 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 artwork must be approved by the Student
Government Association and the City. This will be limited to two (2) advertisements per bus
per year. In order to place two (2) advertisements per bus the organization will need to provide
eighty (80) posters to the City. The City does not allow political or sexually -explicit
advertisements.
The University administration will be provided with space for twelve (12) posters per bus per
year to use at their discretion. Signage must be laminated to 11" x 17" in a horizontal format.
The University retains the right to retain any revenue obtained from the use of these signs. The
City does not allow political or sexually -explicit advertisements.
The University has the right to research further in bus advertising options. Such options will not
be implemented unless agreed upon by both the City and the University.
V.
Service Provided
The City shall provide and use at all times, buses that are in good and safe mechanical condition,
and are also in reasonably clean condition, and shall also provide competent and duly licensed
Page 5 of 8
drivers by whom said buses shall be driven, and the City shall assume full and complete
responsibility for the condition of said buses and the qualifications and competence of its drivers
at all times, and the University assumes no obligations whatsoever for either of the same.
VI.
Independent Contractor Relationship
In providing and furnishing said bus service during the term hereof, the City shall act solely in
the capacity of and as an independent contractor, and not as an agent or employee of the
University, and the University shall have no control over the City's operations in connection
with providing said service except as hereinabove provided and the University shall have no
control or supervision whatsoever over the drivers of the buses used in said service who shall be
employed by the City or the agent of the City. Said drivers shall not constitute agents or
employees of the University, and shall be subject solely to the City's or the City's agents
supervision and control.
VII.
Insurance and Risk
A. As set forth in Paragraph I, it is recognized by the parties hereto that the City has entered into
an Agreement with its agent, McDonald Transit Associates, Inc. ("Company") for the
purpose of the 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 the 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 the Company. At all times during which the Company shall provide the
bus services mentioned herein and upon the above and foregoing terms and conditions, the
University shall be protected under the 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 the 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. The Company, as named insured, assumes, to the extent of the insurance coverage
maintained, the risk of service operation and the 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 the 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 the Company, its employees, or agents had no control.
Page 6 of 8
VIII.
Maintenance
The City 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 and
the City, and no one else, whether a staff member or student of the 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 City 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 City.
In such eventuality, the University may, upon twelve (12) hours' notice to the City, request
the temporary suspension of bus service until the resumption of normal class schedules, in
which event the City shall not furnish buses or be paid for services until the resumption of
services. The University shall, in such cases, notify the City 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 City in an attempt to resolve any unresolved claim for
breach of contract arising under this Agreement and made by the City.
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EXECUTED, as of the Effective Date hereof -
TEXAS TECH UNIVERSITY
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Date: Y. 7 ✓ 3
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Chief Fiscal ff e
Date: O
REVIEWED FOR FORM
TEXAS TECHUNIVERSITY
L,,P, A&A� — —
eral Counsel
Date: 0IdI.3
Revised 6-28-13
CITY OF L BOCK
Glen . Robertso , Mayor
ATTEST:
i
Reb a Garza, City Secretary
APPROVED AS TO CONTENT
77O ^D AS O FORM
Chad Weaver, Assistant City Attorney
Page 8 of 8
* TEXAS TECH UNIVERSITY'"
t
Office of Procurement Services
August 9, 2013
City of Lubbock
Becky Garza
1625 13" Street
Lubbock, TX 79401
RE: Contract C05086
Enclosed please find one (1) original of above referenced fully executed contract.
Sincerely,
t 16xv�
Diane Jones
Lead Specialist
Office of Procurement Department
Texas Tech University
PO Box 41094, Lubbock, TX 79409
diane.m.jones@ttu.edu
T: 806.742.3844
F: 806-742-3820
Box 41094 1 Lubbock, Texas 79409-1094 1 T 806.742.3844 ( F 806.742.3820
An EEO/Atfimtative Action Institution