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HomeMy WebLinkAboutReso 1977-8667RESOLUTION NO. 8667 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THIRTEENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain Thirteenth Amendment to the Agreement between the City of Chula Vista and the Aztec Bus Lines to provide intra-city bus service in the City of Chula Vista, dated the 14th day of June 1477, 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 Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said Thirteenth Amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by ..~ ~~~~ W. J. Robens, Director of George ~: Lindberg, City Attorney Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 14th day of June ~ 177 ~ by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Egdahl, Hobel, Cox NAYES: Councilmen None ABSENT: Councilmen None J~ " \~ v .,1 ~* r7ayor of the City of ula Vista ATTES ~/ ~~ City Clerk /f STATE OF CALIFORNIA) G~ COUNTY OF SAI7 DIEGO) ss . CITY OF CiiULA VISTA) I, , City Clerk of the City of Chula Vista, California, UO HEREI;Y CrRTIFY that the above is a full, true and correct copy of Resolution I~Io. and that the same has not been amended or repealed. DATED City Cler}. THIRTEENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE AZTEC BUS LINES TO PROVIDE INTRA-CITY BUS SERVICE IN THE CITY OF CHULA VISTA s' THIS THIRTEENTH AMENDMENT, made and entered into this 14th day of June 1977 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 Eleventh Amendment, ap- proved by Resolution No. 8219, adopted by the City Council of the City of Chula Vista on the 22nd day of June, 1976, and WHEREAS, it is desired to amend the original agreement dated the 17th day of February, 1970 in the manner set forth herein. NOW, THEREFORE, in consideration 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, commencing operation on July 1, 1977 in accordance with the terms and conditions set forth herein. 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 trans- poetation and utilizing bus units the number and nature as provided herein for the purpose of carrying passengers for 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 is presently serving the City of Chula Vista with six (6) 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 or such other designation as approved by the Director of Public Works and that Bus Company will conform at all times to the requirement of identification in a prominent manner. All identifica- tion 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 equip- ment subject to the control of the Director of Public Works of the City of Chula Vista. The Bus Company agrees that any and all basic and supplemental 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 person, - 2 - or group 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 author- ized by the Director of Public Works or his designated representative. 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 supplemental units required to be used as augmentation or back-up for the normal operation during peak hours or times of excessive demand upon the service, or in the event of a breakdown of an assigned unit. City agrees that said supplemental units may also be stored in a des- ignated area at the City yard located at "F" Street and Woodlawn Avenue in the City of Chula Vista subject to security controls as set forth in Section 2 hereinabove. 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 Public 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. 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. Bus Company agrees to adhere strictly to the routes as described on the map on file in the office of the City Clerk. 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 operation of service on all routes shall be approximately between 6:00 a.m. and 10:00 p.m. each day, Monday through Friday; all routes between approximately 6:00 a.m. and 6:00 p.m. each Saturday and approximately between 8:00 a.m. and 6:00 p.m. on Route 2 on Sunday. 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 Company 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): New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas 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 Company. The provisions of this section are subject to conditions set forth in Section 10. SECTION 7. 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 appropriate 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 pre- ventive 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 procedures, 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 periodic basis. 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 8. 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 ac- companied 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). SECTION 9. TRANSFER RIGHTS Bus Company agrees to provide, free of charge, transfers 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 10. COMPENSATION FOR SERVICES PROVIDED It is agreed that the City will pay the Bus Company for the pro- vision of bus service, in accordance with the designated routes and schedules, pursuant to the terms and conditions of this agreement. Said payment shall be one-fourth of the total, less deductions pursuant to the provisions of Section 11, paid quarterly on the 15th day of the first month in each quarter of the fiscal year, commencing with the 15th of July, 1977. Said guarantee shall be received in person, by an auth- orized representative of the Bus Company, at the City's Finance Department at 276 Fourth Avenue, Chula Vista, California. f The City agrees to pay Bus Company in accordance with the formula set forth below. This formula takes into consideration the actual or audited and estimated cost of operation for a scheduled 438,000 service miles. For the purposes of calculating the sums due to Bus Company under this agreement, the estimated cost of operation is $310,230. Actual costs of operation for the scheduled service miles shall be com- puted based upon an audit and Bus Company's financial records. The sums due to Bus Company are calculated in the following method: A. In the event that the actual cost of operation mathematically equals the estimated cost of operation, Bus Company shall re- ceive $310,230 plus 3fi per mile times total service miles traveled. B. In the event that the actual cost of operation exceeds the esti- mated cost of operation set forth above, Bus Company shall receive $310,230 plus 3fi per mile times total service miles traveled. C. In the event that the actual costs of Bus Company are less than $310,230, for the scheduled service miles, Bus Company shall be -4- paid the actual costs of operation plus 3~ per mile of scheduled service miles. In addition, Bus Company shall receive an incen- tive bonus calculated as follows: ESTIMATED COST ($310,230) - AUDITED COST x 3~ x ACTUAL MILEAGE 310,2 0 Any adjustments to the payments to Bus Company, pursuant to this section, will be accomplished at the time of the second quarterly payment for the following fiscal year. In the event for reasons of strike, civil disaster or other public calamity, scheduled service miles are less than 350,000 miles, all sums due under this contract shall be pro-rated by utilizing the formula set forth above and multiplying said sum due to Bus Company by a fraction derived from the actual service miles provided versus scheduled service miles provided. SECTION 11. 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 em- ployees 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 repaid an amount equal to the difference between the minimum and reported mileages 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. The designated minimum daily mileage for each route is as follows: SCHEDULED DAILY MINIMUM DAILY MILEAGE MILEAGE Route Mon-Fri Sat/Sun Mon-Fri Sat/Sun 1 244 244/0 239 239/0 2 250 171/171 244 165/165 3 256 171/0 248 165/0 4 303 209/0 296 202/0 5 304 209/0 297 202/0 6 85 85/0 82 82/0 Any amounts due to the City, pursuant to this section, will be subtracted from the first quarterly payment due to the Bus Company, pursuant to Section 10, after the quarter in which the failure occurred. The City will accompany any claim for repayment under the provi- sions 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. SECTION 12. COLLECTION OF FARE BOX REVENUES It is agreed that Bus Company shall account for, and pay to, City all fare revenues received. Said payment to City shall be quar- terly, on the 15th of the month, following the quarter in which fare revenue is collected by the operating unfts of Bus Company. 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 standardized form - 5 - 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 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 13. INSURANCE REQUIREMENTS Bus Company agrees to carry and keep in full force and effect throughout the period of this agreement liability insurance in a mini- mum 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 14. 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. SECTION 15. INDEPENDENT CONTRACTOR Bus Company shall carry out the terms of this contract as an independent contractor, and not as an agent or employee of the City. SECTION 16. BUS ADVERTISING RIGHTS AND REVENUES It is further understood and agreed that Bus Company shall have complete control over the sale of advertising on any of the opera- ting 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 four months from the time of notification. SECTION 17. REPORTS TO CITY Bus Company herein agrees to forward quarterly financial state- ments to the City within fifteen days (15) of the close of the previous quarter. Bus Company shall also forward to the City an audited annual report within forty-five (45) days of the end of the fiscal year. The format and scope of said reports shall be as designated by the Director of Public Works. In addition, Bus Company shall make such reports as may be requested from the City Council or the Director of Public Works. SECTION 18. HOLD HARMLESS Bus Company shall assume the defense of, and indemnify and save harmless the City from any and all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly - 6 - arising from the performance of this agreement. SECTION 19. TERM OF AGREEMENT The term of this agreement shall be for a period of twelve (12) months, commencing July 1, 1977, and terminating on June 30, 1978. However, it is the intent of the City of Chula Vista to renegotiate its contract with Aztec Bus Lines if local objectives and state and federal conditions warrant and allow such action. SECTION 20. TERMINATION OF AGREEMENT f,, It is further understood and agreed that either party to this agreement may cancel said agreement for reasonable cause by written notice delivered to the Director of Public Works, 276 Fourth Avenue, Chula Vista, California 92010 or to Mr. P. J. Doogan, General Manager (or other officer of the Bus Company), Aztec Bus Lines, 4437 Twain Avenue, San Diego, California 92120. Said cancellation notice shall provide for terminating ninety (90) days from the date of delivery; provided, further that said delivery date must be on or before the first day of any month commencing a quarterly period, i.e., March 1, and said ninety (90) day cancellation period shall be deemed for pur- poses of this agreement, to mean a three (3) month period from the date of delivery of the written notice. At the termination of said three (3) month period, all rights and obligations of the parties thereto shall be forthwith be extinguished and terminated. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor o ATTEST AZTEC BUS LINES, INC. .~ ;\ J:' oogari, General Manager Approved as to form by amity Attorney PREVENTIVE MAINTENANCE SCHEDULE Level A - DAILY MAINTENANCE AT C.V. YARD /EXHIBIT A 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 driver report deficiencies 11. Check emergency 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 Wheel studs 7. Condition Check - Interior & Exterior Appearance 8. Wash and sweep 9. Road test bus Level C - EVERY 6,000 MILES OR EVERY FOURTH 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 Level D. EVERY 12,000 MILES OR EVERY 8 WEEKS, WHICHEVER OCCURS FIRST 1. Level C Maintenance ~ oL.._... ~i ,__... ._.,...._~,_ -_a. _i_- _...a --~---~ -