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HomeMy WebLinkAboutReso 1978-9149[.1" ;~s RESOLUTION N0. `~ l' ~`~ RESOLUTION OF THE CITY COUNCIL OF',~iE"C~i'Y OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AZTEC BUS LINES FOR PROVISION OF LOCAL BUS SERVICE FOR THREE MONTHS, COMMENCING JULY 1, 1978, APPROPRIATING FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and AZTEC BUS LINES, for provision of local bus service foz three months, commQncin.g July 1, 1978 dated the 20th day of June 19 78 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $135,810 is hereby appropriated from LTF funds for the purpose set forth hereinabove. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by s,, W. J. Robens, Director of Public Works Approved as to form by ~~~ ~ '` ~, _ ~ :%~ //~ " George D. Lindberg, City Atto~''ney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of June , 19 78 , by AYES: Councilmen Cox, Egdahl, Hyde, Gillow, Scott NAYES : Councilmen None ABSENT: Councilmen None _ _ _.. .. ~ Mayor of the City of C ula ista y /, ATTES i1, " ~ Qi City Clerk ~~' STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, ,_ __ City Clerk of the City of Chula Vista, California, DO HEREBY CER~T ~ X~that the above is a full, true and correct copy of Resolution No. ~~}} and that the same has not been amended or repealed. DATED City Clerk AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA FOR THREE MONTHS, COMMENCING JULY 1, 1978 THIS AGREEMENT, made and entered into this 20th day ~.f June , 1978, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City;" and AZTEC BUS LINES, 4437 Twain Avenue, San Diego, California 92120, a California corporation, hereinafter called "Bus Company;" W I T N E S S E T H WHEREAS, City and Bus Company have heretofore entered into an Amendment to the basic Agreement for providing bus service to the City of Chula .Vista, as contained in said Thirteenth Amend- ment, approved by Resolution No. 8655, adopted by the City Council of the City of Chula Vista on the 20th day of June, 1977, and WHEREAS, it is desired to provide a new agreement as the previous one will expire on June 30, 1978 and negotiations for FY1978-79 have not as yet been completed., NOW, THEREFORE., in corts~deration of the premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. INTRA-CITY BUS SERVICE Bus Company agrees to provide intra-city bus service for the City of Chula Vista, for a period of three months from July 1, 1978 until October 1, 1978, in accordance with the terms and conditions set forth herein. Upon the signing of anew contract for the entire FY1978-79 CVT operation, prior to October 1, 1978, the new contract cost/mile paid by the City to Aztec will be retro- active to July 1, 1978. City does hereby grant to the Aztec Bus Lines, a corporation, its successors and assigns, the privilege to operate over and upon the public streets of the City of Chula Vista, along certain routes and in accordance with certain schedules to be established in the manner provided herein, excepting those routes which are serviced by other operators of public transportation and utilizing bus units the number and nature as provided herein for the purpose of carrying pas- sengersfor hire between the points designated on the routes established. SECTION 2. VEHICLES TO BE PROVIDED AND STORAGE THEREOF Bus Company agrees to provide an adequate number of units of buses of the transit type subject to the approval of the Director of Public Works. Bus Company will serve the City of Chula Vista with seven (7) bus units of the forty-five (45) passenger diesel transit type which are hereby approved as the number and type to be used in the service of intra-city bus transit. It is agreed that any units utilized will be clearly marked and identified as the Chula Vista Transit Service and such units will contain route designation signs located in the top front window compartment of each unit and will be used on the respective route except in cases of bus breakdown or emergency maintenance. It is further agreed that this and any other such designation provided by the City and approved by the Director of Public Works will be appropriately implemented by the Bus Company and its employees. All identification signs, insignia, colors to be used on the buses, and the number and placement of advertising material on the exterior of the buses shall be subject to the approval of the City of Chula Vista. City agrees to provide at the City shops located at the northwest corner of "F" Street and Woodlawn Avenue in the City of Chula Vista necessary spaces for the storage of said units. Said spaces shall be designated and Bus Company shall insure that no other area of the shops are used for said purpose and shall exercise control over all of its employees to insure a maximum degree of security for City buildings and equipment subject to the control -1- 49 of the Director of Public Works of the City of Chula Vista. The Bus Company agrees that any and all basic and supple- mental units which are designated for use in the Chula Vista Transit operation and which are permanently identified as such by distinctive colors, painted designs, signs or other means will be reserved for exclusive use in said operation and will not be used for hire by other persons, or groups of persons, company, organization, etc. Bus Company further agrees that said vehicles will not be operated on public streets for any purpose other than required to operate, maintain, repair, wash, license, fuel, shuttle, or other activity associated with the normal operation of the Chula Vista Transit system unless specifically authorized by the Director of Public Works, or his designated representative. Prior to leasing and/or acquiring any replacement or additional vehicles used in Chula Vista Transit Service, Bus Company will notify the Director of Public Works, or his designated representative, one week in advance. The Director of Public Works will have the authority to inspect and/or reject any buses proposed for Chula Vista Transit service based on industry accepted operational/maintenance standards. SECTION 3. SUPPLEMENTAL UNITS In addition to the basic units to be operated in the manner and along the routes and in accordance with the schedules established and the methods provided herein, Bus Company shall also provide three (3) supplemental units required to be used as augmenta- tion or backup for the normal operation during peak hours or times of excessive demand upon the service, or in the event of a break- down of an assigned unit. City agrees that said supplemental units may also be stored in a designated area at the City yard located at "F" Street and ~~oodlawn Avenue in the City of Chula Vista subject to security controls as set forth in Section 2 here.inabove. These supplemental units must also be uniquely designed or configurated as the basic units are required to be. SECTION 4. ROUTES ESTABLISHED Bus Company agrees to proceed across the streets of the City of Chula Vista along routes established by the Director of Pub- lic Works. Said route designations, both as to number and particular streets utilized, and bus stops designated, shall be subject to the approval of the Director of Public Works and any change therein must first be approved by the Director of Public Works. The routes as delineated on the City map shall be kept on file in the office of the City Clerk. Bus Company agrees to adhere strictly to the routes as described on the map on file in the office of the City Clerk. It is understood and agreed that any bus stops so designated for bus units shall be prescribed by the Director of Public Works who shall cause curbing to be appropriately marked and provide necessary signs and the installation thereof. SECTION 5. OPERATING SCHEDULE Bus Company agrees to operate bus units, the type and number as set forth hereinabove, in accordance with the schedule as approved by the Director of Public Works, on file in the office of the City Clerk. The operating hours of service on all Chula Vista Transit routes shall be comprised of the following: -~- ROUTE NUMBER 1 2 3 4 5 6 7 Weekdays 6a~lOpm 6anr7pm Saturday Gam-10~n Sam-7pm Sunday 0 Sam-7pm Headway lhr . lhr. 6anr7pm 6:30am-10:30pm Gam-l0~cn 9:20a~5:12~xn 0 Sam-7pm Sam-7pm 9:20am-5:12pm 0 0 lhr. lhr. 0 0 lhr. 20min. Gam-10~n 8a~7pm 0 1/2hr. Adjustment of said schedules may be indicated by experience and may be modified with the approval of the Director of Public Works, and all said approved schedules or modifications thereof shall be on file in the office of the City Clerk. It is further agreed that Com- pany shall not be required to operate on the following holidays when said holidays fall upon the days Monday through Saturday (or Mondays or Fridays celebrated in lieu thereof): July 4th and Labor Day. SECTION 6. OPERATION TO BE EXCUSED Operation by Bus Company under the terms and conditions of this agreement shall be excused while and so long as Bus Company shall be prevented from operating by war, riot, insurrection, acts of God, strikes, lockouts, or other labor disturbances; inability to procure fuel, tires or other necessary supplies; legislation, national or state or local; lawful orders of public regulatory bodies or agencies having jurisdiction with respect to said operation; or by any other causes of any kind beyond the control of the Bus Com- pany. The provisions of this section are subject to conditions set forth in Section 11. SECTION 7. DRIVER PERFORMANCE Bus Company shall provide such driver training, orientation and supervision as is appropriate to fully familiarize all Company drivers assigned to Chula Vista Transit Service with the operating schedules, routes, transfer policy, and performance standards; i.e., courtesy, safety, and schedule adherence, of the Chula Vista Transit System. Under such training and supervision program Bus Company shall encourage all drivers assigned to Chula Vista Transit Service to strictly adhere to the following Chula Vista Transit Driver Performance Standards: 1. A11 buses shall be driven in a safe manner. Care should be exercised to ensure that passengers are safely seated and deboarded before starting the bus; 2. Adherence to schedule and route is mandatory except for unforeseen circumstances beyond the control of Bus Company and its employees; -3- liN9 3. Drivers shall be courteous to all passengers; 4. Drivers shall carefully complete the Chula Vista Transit Drivers Daily Logs as well as take accurate regular daily (and any specially requested) passenger counts; 5. Drivers shall be neat in appearance; 6. Drivers shall not smoke on the bus at any time and enforce same policy for Chula Vista Transit passengers as well. Driver's .failure to follow these policies shall be cause for Bus Company to honor the City's request for driver's dismissal from Chula Vista Transit Service after appropriate written and verbal warnings have been given to the Company driver by the Director of Public Works or his designated representative. Prior to Bus Company reassignment of driver previously dismissed from Chula Vista Transit Service, to Chula Vista bus service, notice shall be given to Di- rector of Public Works, who will make a decision on whether or not the driver reassignment is acceptable to the City. SECTION 8. MAINTENANCE AND REPAIRS Bus Company agrees to accept full responsibility for maintenance, repair and any necessary replacement of Company-owned units and routine maintenance and repair of City-owned units, and to keep said units in safe and good running condition, and guarantees the availability of the number of units agreed upon as being appro- priate to maintain the schedules as approved by the Director of Public Works; provided, further, that the City shall work with Bus Company in order to make possible the immediate substitution of bus units and shall allow the use of the City yard for emergency repair work only. Bus Company agrees to institute and maintain a formalized preventive maintenance program for buses used in this operation. The program will consist of the various, periodic mechanical and visual equipment checks, tests, performance evaluations, and proce- dures, as outlined in Exhibit "A," attached hereto. Completion of the required checks will be documented on forms for that purpose, copies of which will be provided the Director of Public Works on a weekly basis. A separate coach record card from the cost account- ing system on each bus shall be submitted to the Director of Public Works each month. The Bus Company agrees to perform these preventive maintenance activities. on each unit used in the Chula Vista Transit operation on a rotation basis, scheduled in such a manner as to insure that approved number of vehicles are available as needed for operation. Bus Company also agrees that all necessary unscheduled repairs and maintenance will be performed as needed to insure continued operation of the system. SECTION 9. FARES ESTABLISHED Bus Company agrees to charge a standard fare of thirty-five cents ($0.35) per passenger for all individual passengers during all hours of operation; provided, however, that all children under the age of six (6) years shall be allowed to ride without charge if accompanied by a fare-paying passenger. Seniors age sixty (60) and over and handicapped persons and students up to and including the twelfth grade shall pay a fare of fifteen cents ($0.15). Passengers on Route 6-Downtown shall be charged a fare of ten cents ($0.10), and no Chula Vista Transit or San Diego Transit Company transfers will be accepted. San Diego Transit passes still will be accepted on this and all routes. -4- ~N9 SECTION 10. TRANSFER RIGHTS Bus Company agrees to provide, free of charge, transfers supplied by the City which may be used for transferring from one bus route to another within the City of Chula Vista and with the San Diego Transit Corporation, at the designated transfer points as shown on the map on file in the office of the City Clerk as approved by the Director of Public Works in accordance with rules established by the City. SECTION 11. COMPENSATION FOR SERVICES PROVIDED It is agreed that the City will pay the Bus Company for the provision of bus service, in accordance with the designated routes and schedules, pursuant to the terms and conditions of this agree- ment. Said payment shall be one-third of the total, less deductions pursuant to the provisions of Section 12, paid on the 20th of July, the 10th of August, and the 1st of September, 1978 commencing with the 20th of July, 1978. Five percent (5%) of the final September 1st payment shall be withheld by the City. This sum will be reimbursed to Bus Company on October 15, 1978, pending review of minimum mileage analyses and adherence to all other contractual requirements. Said guarantee shall be received in person, by an authorized representative of the Bus Company, at the City's Finance Department at 276 Fourth Avenue, Chula Vista, California. The City agrees to pay Bus Company $1.15 per revenue service mile operated. The City is estimating the number of revenue service miles to be operated during July, August, and September to be 117,548. The total sum due to Bus Company under this agreement is thus estimated to be $135,180. Upon the signing of a new contract for CVT operation for the entire FY1979, prior to October 1, 1978, the new contract cost/ mile will be retroactive to July 1, 1978. If the new contract cost/ mile varies from this contract cost/mile of $1.15, the additional or subtracted sum will be equally worked into the City's payments for contract service with Aztec during the remaining nine months of FY1979. -5- ~q In the event for reasons of strike, civil disaster or other public calamity, scheduled service miles are less than 100,000 miles, all sums due under this contract shall be prorated by mul= tiplying said sum due to Bus. Company .by a,fraction derived from the actual. service miles provided versus scheduled service miles provided. SECTION 12. PENALTY FOR FAILURE TO PROVIDE SERVICE In the event that a scheduled bus trip is not operated on any designated route for reasons of equipment failure, operator failure, or other reasons not beyond the control of the Bus Company and its employees, such as natural and civil disasters, the City will be repaid the cost of such service as was not provided by Bus Company. ..For purposes of computing said repayments, each route will have designated a minimum daily mileage; in the event that the total mileage for any route on any day of operation, as reported on the Driver's Daily Log, is less than the designated minimum daily mileage for that route, the City will be entitled to be re- paid an amount equal to the difference between the minimum and reported mileage times the current cost per mile of service. As used in this section, daily mileage begins and ends at the City yard, or at another designated Chula Vista relief or terminal point. as follows: The designated minimum daily mileage for each route is SCHEDULED DAILY MILEAGE MINIMUM DAILY MILEAGE Route Mon-Fri Sat/Sun Mon-Fri Sat/Sun 1 240 240/0 235 235/0 2 203 171/171 198 165/165 3 208 0/0 202 0/0 4 303 209/0 296 ?_02/0 5 304 209/0 297 202/0 6 85 85/0 82 82/0 7 224 157/0 217 152/0 Any amounts due to the City, pursuant to this section, will be subtracted from the final quarterly payment due to the Bus Company, pursuant to Section 11. The City will accompany any claim for repayment under the provisions of this section by a listing of the dates, routes, and respective mileage deficiencies. Source documentation for said listing will be the Driver's Daily Log, a copy of which will be retained by the Bus Company and the City. -6- yq SECTION 13. COLLECTION OF FAREBOX REVENUES It is agreed that Bus Company shall account for, and pay to, City all fare revenues received. Said payment to City shall be on August 10th for farebox revenues collected from April 15 to August 9, 197$ and~-on~, October 2 for farebox revenue collected from August 10 to Oc-~ob~~ ,1, -...1978.. It is understood and agreed between the parties hereto that Bus Company's drivers shall prepare duplicate receipts daily recording the total fares collected each day. Duplicate receipts prepared by Bus Company's .drivers shall be so prepared on a standard- ized form clearly marked as "Original" and "Duplicate/True Copy." The original shall be delivered to the Bus .Company at its central office and the duplicate/true copy shall be delivered to the Director of Public Works of the City of Chula Vista. Said receipts shall be submitted by the close of the first business day immediately following the particular working day. Bus Company shall submit to City Finance Director each month a weekly computation report of fares collected,. broken down by each passenger category. Bus Company shall be responsible for all accounting tasks necessary to provide appropriate information to the Director of Finance of the City of Chula Vista, which accounting information shall be subject to review by the Director of Finance or the independent auditor employed by the City at any time. It shall be expected that the accounts of Bus Company and any financial information relative to the operation of Bus Company in the City of Chula Vista shall. be open for inspection by the Director of Finance or the independent auditor of City at any time. SECTION 14. INSURANCE REQUIREMENTS Bus Company agrees to carry and keep in full force and effect throughout the period of this agreement liability insurance in a minimum amount of a single limit of FIVE MILLION DOLLARS ($5,000,000.00) with first dollar coverage, which insurance policy shall name the City of Chula Vista and the County of San Diego as co-insured, and a copy of said policy shall be kept on file in the office of the City Clerk of the City of Chula Vista. Bus Company shall also secure and maintain, during the life of this agreement, adequate Workmen's Compensation insurance covering all persons employed by Bus Company, and shall furnish the City with certificates showing that all insurance is in effect. SECTION 15. COMPLIANCE WITH LAW Bus Company further agrees that it will comply with all local, state and federal laws and regulations pertaining to the work of any laborer, workman or mechanic, and will keep accurate records of the hours and times worked by any such laborer, workman or mechanic. Bus Company shall not discriminate against any worker, employees or applicant, or any member of the public, because of race, creed, age, color, religion, sex or national origin, nor otherwise commit an unfair employment practice. Bus Company will take affirmative action to ensure that applicants are employed and that employees are dealt with during employment without regard to their race, creed, color, religion, age, sex or national origin. -7- ily9 SECTION 16. INDEPENDENT CONTRACTOR Bus Company shall carry out the terms of this agreement as an independent contractor, and not as an agent or employee of the City. SECTION 17. BUS ADVERTISING RIGHTS AND REVENUES It is further understood and agreed that Bus Company shall have basic control over the sale of advertising on any of the operating units; provided, however, City shall have the right to use any spaces not under contract at the time the requests may be made by the City to use said spaces free for any advertising deemed reasonable for the City in promoting community interests. The City's right to use of advertising space shall commence upon notification to the Bus Company that it desires to use said vacant space and shall terminate on October 2, 1978. SECTION 18. REPORTS TO CITY Bus Company.. herein. agrees. to forward a quarterly financial statement to the City no later than October 20, 1978. The format and scope of said report shall be as designated by the Director of Public Works. Bus Company agrees to complete and submit all previously agreed upon forms of the Chula Vista Cost Accounting and Reporting System to the City com- mencing July 1, 1978, on a monthly basis (or as so stipulated within the Reporting Schedule), within two weeks of the close of the appro- priate reporting period. In addition, Bus Company shall make such reports as may be requested from the City Council or the Director of Public Works. SECTION 19. HOLD HARMLESS Bus Company shall assume the defense of, and indemnify and save harmless the City of Chula Vista and County of San Diego from any and all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of this agreement. SECTION 20. TERM OF AGREEMENT The term of this agreement shall be for a period of three (3) months commencing July 1, 1978, and terminating at 7:OO p.. m. on October 1, 1978. However, it is the intent of the City of Chula Vista to continue contract ervice operation with Aztec Bus .Lines for the r~mad.xrder of FY1978-79 if local objectives and state and federal conditions warrant and allow such action. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor of the City of Chula Vista AZTEC BUS LINES, INC. /~~~ `. ~ f ~i J n W. Nickelson, General Manager ATTEST City Clerk Approved as to form by City Attorney ~~t 9 -8 PREVENTIVE MAINTENANCE SCHEDULE Level A - DAILY MAINTENANCE AT C.V. YARD 1. Check and fill all fluids (fuel, oil, water, etc.) 2. Check air pressure guage 3. Operations Check -- Pedal brakes and hand brake 4. Drain air tanks 5. Check low air warning device 6. Operations Check - All lights (exterior and interior) 7. Operations Check - All instruments and accessories 8. Condition Check - Mirrors 9. Condition Check - Glass 10. Check driv er report deficiencies 11. Check emer gency equipment Level B - WEEKLY MAINTENANCE AT AZTEC YARD 1. Level A. Maintenance 2. Condition Check - All belts and hoses 3. Condition Check - All linkages 4. Condition Check - Exhaust System 5. Condition Check - Tires 6. Check Whe el studs 7. Condition Check - Interior & Exterior Appearance 8. Wash and sweep 9. Road test bus Level C - EVERY 6,000 MILES OR EVERY SIXTH WEEK, WHICHEVER OCCURS FIRST 1. Level B. Maintenance 2. Check brake lining and adjust brakes 3. Check air brake lines and diaphragms 4. Check drive lines and universals 5. Drain oil 6. Complete chassis lubrication 7. Change oil filter and fuel filter 8. Check engine bulkhead bolts 9. Clean oil strainer 10. ,Check shock absorbers and bushings 11. Check wheels and hubs 12. Check bellows 13. Check exhaust brackets and clamps 14. Check stable bar rubbers 15. Clean differential breather 16. Check differential oil 17. Check fire pressure (85# Front; 75# Rear) 18. Check ground strap 19. Tighten transmission 20. Add engine oil 21. Clean batteries 22. Check battery cable 23. Check cooling system for leaks 24. Lube accelerator system 25. Check electrical system EXHIBIT A - Page 1 ;iyg Leve1~D - EVERY 12,000 PdILES OR EVERY TWELVE WEEKS, WHICHEVER OCCURS FIRST 1. Level C. Maintenance 2. Steam clean engine, radiator and wheels 3. Change transmission oil and filter 4. Clean air cleaners and add fresh oil 5. Check front end tightness and alignment 6. Complete engine tune-up 7. Adjust headlights Level E - EVERY 36,000 MILE5 OR EVERY 26 WEEKS, WHICHEVER OCCURS FIRST 1. Level D. Maintenance 2. Clean, inspect, and repack wheel bearings; replace seals and gaskets, as needed 3. Check entire brake system; replace component parts, as needed 4. Check voltage regulator, points, and generator, brushes, commutator and bear-ings 5. Replace damaged and defective wiring 6. Change oil in all gear boxes, inspect condition of gears, bearings and magnetic plug for metal EXHIBIT A - Page 2 ~iN~