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Home My WebLink About13.A.3. Discussion of Contract for Express Bus Service 13. f/.3. CITY OF SHAKOPEE MEMORANDUM CASELOG NO: NA TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Discussion of Contract for Express Bus Service MEETING DATE: May 1, 2007 INTRODUCTIONIDISCUSSION: The new express bus service to Downtown Minneapolis is scheduled to begin in early June ofthis year. For purposes of beginning the service, it is proposed that the City enter into a contract with Schmitty and Sons that essentially "piggybacks" on an existing contract between the City of Prior Lake and Schmitty's. Because the contract will need to be acted on by the City Council prior to the start of service in June, staff wanted to provide Council with an opportunity to ask questions and provide any direction it feels appropriate before finalizing the contract for approval and execution. The contract has also been referred to the City Attorney for review. VISIONING RELATIONSHIP: The proposed service and agreement supports adopted Goal B: High quality of life. ACTION REQUESTED: Provide direction to City staff regarding additions or amendments the Council believes may be needed before bringing the express bus service contract forward for approval and execution. R~,- ;-/.}. ~~~ R. Michael Leek Community Development Director H:\CC\2007\05-01\Express bus service contract draft.doc I CONTRACT To PROVIDE Bus SERVICE THIS CONTRACT To PROVIDE.BUS SERVICE .(/:1~~~j!??-'t~r_:'~~n.t!:q~CU~__E.'l.rJ!l:).~~~_tt:lt~_t~j~___~~L--.--.{ Deleted: PRIOR LAKE Bus SERVICE ] of ~ _ _ ~9_0l_ _ ~J _. ~n.d _ _I:ll:)_~~~~_ _ _t~~ _ _ ~ !TX _ _ Qf _ _ ~R!9.~. _l,..~t<~, _ _a_ _ _tv1 tn_n~~~!9...rn u. t:lj~iR9)_ _ ~0!P.~~9_ti~~_ __- _ -' - - { Deleted: December ] (hereinafter "Prior Lake") and the CITY OF SHAKOPEE. a Minnesota municipal corporation (hereinafter ------{ D ltd' 1 ] "Shakopee") .P_t:l~__~~":I_MIIIY__M~P___~_Q!':I~__.TRANSIT 'mJ.N.C_'_'___~mtv1i.r)_rJ~~~t9m~~~()_or~ti_o~__ (I7.E:1!:f!!IJ_q(te!:_ __m_ D elet e d' ~ d I "C y" "Contractor) ", e e e : re erre 0 as II , ",,_ independently oflhe olher) Deleted: SCHOOL BUSES RECITALS Whereas, on May 29, 2001, the City of Prior Lake issued Request for Bids to provide round-trip commuter transit services from Prior Lake t~.d.<?Y"-r)t~~~__Mj~_r)_E!~()_q!t~Jo_~p~i_qf_!-:a_~~ Laker _.------{ Deleted: the City ] Lines Bus Service; and -- ----{ Formatted: Font: Italic 1 Whereas, on June 8, 2001, the City of Prior Lake held a pre-bid conference at which five potential bidders were in attendance; and I Whereas, on June 13, 2001, the City of Prior Lake issued Addendum No, 1, which addressed the questions raised by the potential bidders at the pre-bid conference; the addendum was mailed to every company that was sent or requested a bid package; and I Whereas, after evaluation of the bids received,.__t~~Tr~_rJ~.i!.E~v_~llJ_Cl!l<?_rJ_~~r:n.rnitt~~.~f)9_ Prior Lake <:;jtL_-.--- Deleted: at or belore 3:00 p.m" staff recommended that the Prior Lake City Council award the bid to Schmitty and Sons June 27, 2001 School Buses, Inc,; based on the evaluation criteria and process set out in the Request for Bids, the Contractor was rated the most responsive to the Request for Bids; and I Whereas, at its July 16, 2001 City Council meeting the Prior Lake City Council awarded the contract for the Bus ServiceJ~_~_qm~9_~tor_bLR_e~0_I!Jti_qf)JJ~,_Q~_-_~Q_~lJ_Qje_cU~_~nt.E!rjng_.i~t<?__t~j~___-_/{ Deleted: Prior Lake Bus Service ] Contract; and Whereas, ,the initial Contract period has expired and the City of Prior Lake and Contractor wish to __------ Deleted: the City Council authorized update the contract provisions and extend the term of this contract and the Transit Evaluation Committee and --------------------------. City Attorney to negotiate a contract with Contractor Whereas, in 2005, the Prior Lake City Council adopted with certain conditions, a study identified as ,,{ Deleted: , ] the Unified Transit Manaaement Plan, that recommended certain partnerships amonq \ Scott County entities in order to provide additional transit options to serve in the area: and Whereas, the City of Prior Lake subsequently entered into a partnership with the City of Shakopee, Scott County, and the Metropolitan Council to iointly acquire land and construct a 500 stall reqional park & ride facility to be know as Southbridqe Crossinqs Station: and Whereas, the City of Shakopee and the City of Prior Lake desire to coordinate in providinq operations to the Southbridqe Crossinqs Station: and Whereas, the City of Shakopee desires to utilize the same independent transit provider currently utilized by Prior Lake's Laker Lines: and DN: 133325 \ I I Whereas. the City of Prior Lake and Contractor wish to support and facilitate the operation of the I new Shako pee transit express service, I Now, Therefore, the City of Prior Lake, the City of Shakopee,.a.n~the ~~Il.t!.~~tof!J~lJ!.~lJ.anl.to.!he..rnlJ.t.LJ~'-__.."" Deleted: The City I promises and coyenants set forth herein, the sufficiency of which is not disputed, hereby enter into this Deleted: Prior Lake Bus Service \ I Contract for pus SeNice: u.... u __.. __........ on. __.... __................ __...... uu..__. u u u........... __..............u --' --. ../ I I SECTION 1 I I DEFINITIONS I I The following terms shall be defined as follows: I 1,1 Addendum No. 1 to ReQuest for Bids, "Addendum No, 1 to Request for Bids" as set out in I Exhibit B, I I 1,2 Adyertisement for Bids, "Advertisement for Bids" as set out in Exhibit C, I I 1,3 Affirmative Action Policy, "Affirmative Action Policy" as set out in Paragraph 6,1, I I 1.4 Bid, "Bid" as set out in Exhibit D, I I 1,5 Certificate of Insurance, "Certificate of Insurance" as set out in Paragraph 7,1, I .' Deleted: as defined in the preamble I 11,6 City, "City" ,;:;hall refer to City of Prior Lake, and City of Shakopee. resRectively, m.m.h__h__h.__.U.~:<-- Deleted:, I 1.7 City Attorney, "City Attorney" shall refer to Prior Lake City Attorney, ..~lJ.~~?IJ.!.:e.~.f'~c.~,.~:5.g:.~L......{ Deleted: is ] I Halleland, Lewis, Nilan, Sipkins & Johnson, 600 Pillsbury Center South, 220 South Sixth Street, ...{ Deleted: , ] I Minneapolis, Minnesota 55454: and Shakopee City Attorney . - - - - ~ - - - - - - - - - - - . - - - - - - ~ I 1,8 .City's Authorized Representative, "City's Authorized Representative" for Prior Lake is JSmly..:..____ Deleted: <#>Citv Council. "City Meyer, Assistant City Manager of the'CltY orpr,6r'Lake~'or'6ther'pers6ns who may from time to ""\, Council" is the City Council of the City time be .,designated by the Prior Lake City Manager, "City's Authorized Re(lresentative" for \\ of Prior Lake,1j Shakopee',s' MicFlaef'l.eek,'Community Deveiclorrlent'birector of the City of Shakopee. or other """ \, Formatted: Bullets and Numbering persons who may from time to time bepesiQnated by the Shakopee Cit' Administrator.,.huh__.u.h, Deleted: Susan Walsh Deleted: as 1,9 .Contract. ."<;;QO!f~cr.~:5.~~J!I1.~q.ln.~h~. Rr~arT)I:JI~:.....u.__.__...__.u n.. u .h.' .__.____.u.____....u...__ ..., Deleted: as I 1.10 Contract Documents, "Contract Documents" as defined in Section 3, Deleted: <#>Citv ManaQer, "City I Manager" is Frank Boyles, City of I Prior Lake.1j 1,11 Contractor, "Contractor" means Schmitty and Sons Transit. IncLnun.h__n.hUh..U__h.h__U__.__h___.--. Deleted: as defined in the preamble I I 1.12 Daily Inspection Report, "Daily Inspection Report" is a log that indicates that the items listed in I Paragraph 8,12,11 were inspected and the results of such inspection, 1 1 1,13 Incident. "Incident" as defined in Paragraph 7,5,1, I I 1,14 Loaned Capital EQuipment. "Loaned Capital Equipment" is an alternate transit vehicle, ,,~{ Deleted: Prior Lake Bus Service ] I provided by the Contractor to substitute for any Transit Vehicle that cannot provide.Bus Service:__u/ I I 1,15 Monthly Reports, "Monthly Reports" are those reports required to be submitted by the I Contractor with its invoice as set out in Paragraph 9,2, I I 11,16 Notice, "Notice" as set out in Paragraph 11,1, I I ON: 133325 2 I I I I I I I 1 I I i I , i I I '. I '.. .. I " - - --- I -~~------------------~- ------ - - -- 11,17 Notice of Termination. "Notice of Termination" as set out in Paragraph 11.1,2, 1,18 Performance Bond, "Performance Bond" is the performance bond obtained by the Contractor as described in Paragraph 5,2, I 1,19 ..Bus Service.u:',!3us Service:_ll?Jhf:lJo_~~_~:Jrip_:c~rn_rn~_te[JrC!r1_~[ts~~J95~!',_o!iglO~Erlg_fr<?rnJt1_~__~J~L::/ Deleted: Prior Lake Bus Service of Pnor Lake or SouthbndQe CrosSInQS TranSit Station to the J'v'II~_n_~C!P_o!I_S I St. Paul Metropolitan ,. ---- Deleted: Prior Lake Bus Service . area ,'- I -' Comment [MRG1]: I think downtown needs to stay in, otherwise . 1,20 Proiect Manaqer, "Project Manager" is the designated employee of Schmitty & Sons.Transit, Inc, .. you are defining a large geographic I who is responsible for all aspects of the Bus Service,___u_____u____u___uu____uu_____uuu________u:::::::>., ... area, ",'" Deleted: downtown I 1.21 Public Works Garaqe, "Public Works Garage" is the City of Prior Lake's Public Works \:" Deleted: School Buses . Department garage located at 17073 Adelmann Street, Prior Lake, Minnesota. ' '( Deleted: Prior Lake Bus Service ] I 1.22 Recitals. "Recitals" as defined in Section 2, I I 1.23 Request for Bids, "Request for Bids" as set out in Exhibit A, I I 1,24 .Transit Vehicles, "Transit Vehicles" are illlYJransit vehicles, owned by the Metropolitan Council _---.- Deleted: <#>Transit Evaluation I I and leased to the--City-ofPriorTake-or-ihe CitvU6(Shakopee-for-ifle-puri;oses of providinQ Bus ~... Committee. "Transit Evaluation I S ' ... Committee" as defined In the Request erVICe, ", for Bids,~ I 1 25 V h" I R d F"' "V h' I R d F'I " ' f'l h t 'th' f' , Deleted: two BlueBird LTC-37 I , . e IC e ecor I e, e IC e ecor I e IS a let a contains e In ormation set out In . I Paragraph 9,8, __u______ __uu_____ u________ -- u ____u - __u_______ _uuu_____u__________________u______uuu______ ~~~~~:~~:~~i~~~~~: ~t~~ttii~n Exhibit E,~ SECTION 2 I REelT ALS The Recitals set forth above are incorporated herein as if fully set forth herein, : SECTION 3 I CONTRACT AND CONTRACT DOCUMENTS I I The following documents attached hereto and incorporated herein shall be referred to as the "Contract I Documents" all of which shall be taken together as a whole as the agreement between the parties as if I they were set out verbatim and in full herein, all of which are on file in the office of the Prior Lake City \ Manager: . . The Request for Bids dated May 29, 2001 (incorporated herein as Exhibit A) I . The Addendum No, 1 to Request for Bids dated June 13, 2001 (incorporated herein I as Exhibit B) . The City's Advertisement for Bids published on June 16, 2001 and June 23, 2001 in . I the Prior Lake American (incorporated herein as Exhibit C) . The bid submitted by Contractor on June 27, 2001 (incorporated herein as I Exhibit D) I · .I~_El_f:~~<?!!!19_n~f:l__I?_q~~___uu___________u_____ ___ ___________u_______u__u______uu__ __________________ Deleted: <#>The Vehicle Quotation I · The Certificate(s) of Insurance for BlueBird L TC-37 (incorporated , herein as Exhibit E) ~ · ThiS Contract <#>Informalion relating 10 the Transit Vehicles and detail sheet I SECTION 4 (incorporated herein as Exhibit F)1J I DN: 133325 3 I I I I I EFFECTIVE DATE AND TERM I This Contract is effective as of the date set forth above. Contractor shall provide Bus Service __------{ Deleted: Prior Lake Bus Service ) commencing on Mav 1 ,2007 for a three-vear period expirinq April 30, 2010!__l!~I_~?~_g!hE:!0Y.i~E:!___-_-----{ Deleted: Januarv 1 2002 ) terminated or extended pursuant to the provisions of this Contract. This Contract may be extended -----{ D ltd' D b 31 2004 ] I by the City for an additional Jhree-year Reriod, to hRril 30, 20.n; Rrovided the ,9ity and the e e e. ecem er Contractor mutually agreeing upon the--operating-cost reimbiJrsemenCrate-s--(see-- Sectlo-ri--SJ,-ff \'::___~-{ Deleted: two ] I below) to be paid to the Contractor during such period \:-' ,{ Deleted: December 31 ] SECTION 5 c_______________________________________________.____.___.__\.. '<,:{ Deleted: 06 ] I REQUIREMENTS FOR OPERATION OF .BUS SERVICE Deleted: City's right to extend is - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - -- subject to the 5,1, General Reauirements, The Contractor shall provide all necessary personnel, expertise, Deleted: 11 I equipment and facilities that may be needed to provide Bus Service;_JlrgXi~e_~__t~_~__<;:.it}'_~~_a!'-_ Deleted: PRIOR LAKE BUS SERVICE acquire the Transit Vehicles at its sole cost and expense. - --'f Deleted: Prior Lake Bus Service ] 5,2, Performance Bond, The Contractor shall execute and deliver to the City of Prior Lake a Performance Bond in .5Lform and substance satisfactory to the Prior Lake City Attorney in an ] amount equivalent to ~O(~_()U~_~_Cl~D!_!ClI__'!9_1!_!~__l?fJhe_ portion of the ~()D_t!.~~t with the City of Prior __-----.{ Deleted: 20 Lake, within 15 calendar days after execution shall of this Contract. The Performance Bond shall be maintained in force throughout the entire term of the Contract. I 5,3, Coordination of Services, TheJ.lus Service .i~.to be a RC\r:t_l?.f.Cl_CE:!_gi9.D~!^I.i~~..tr_~~?Jt?_~rXi~~:__Jhe__.----..{ Deleted: Prior Lake Bus Service ] Contractor shall participate in regional transit planning activities as reasonablv requested by the I City and as required by the Metropolitan Council. It is anticipated that the Contractor shall spend ...{ Deleted: 4 ] approximately -lL~()l}!'~ _P_~f_ rD_Of!!~_ _of _ ~!C\tt ti rD.e _ 9.D. fElgi()n_al_ trc~u'.1?A RI_~~n i ~g. ~1::.tiY.it[E:!_s: _ _ _ _. _. _ _ _ _ _ _ _ _ _ _ _ _. _..... 5,3,1, Scheduling, service design and fare collection procedures are developed on a region-wide basis and the Contractor shall be required to conform to all applicable regional public transit requirements, including, but not limited to the interchangeability of bus transfers and passes, 5.4. Hours of Service, During the morning rush-hour period (6:00 a,m, .-~:OO a,m,),_ a minimum of 1') ~_-----{ Deleted: X ] trips shall be operated from Prior Lake and/or Southbridqe Crossinqs Transit Station to the \:::--{ Deleted: _ ] downtown Minneapolis metropolitan area, or such other route and destination as required bv the \:--{ Deleted: X ] Cltv and aqreed to bv the Contractor: .and in the afternoon rush-hour fJerrod (3:00 p,m. .- .6:00 ... J p,m.).a minimum of ~ t!JR?__~haH_9_~_()p_ef~t~:djf~~:the-~:c?~:~!~~0::rY,j[0:~~?p~(i~-metropolitan area, }i.::--_ ( Deleted: 2 or such other route and destination as required bv the Citv and aqreed to bv the Contractor, to \\\,-{ Deleted: ] Prior Lake and the Southbrid e Crossin s Transit Station, The City shall establish the schedule \,\'J Deleted: X ] and stops with the participation of the Contractor, ________________________________________________________________, \..\'( Deleted:- ) 5.4.1. The City reserves the right to adjust the route~ as well as pickup and drop-off times and \..,\:::'\ Deleted: X ] locations, with Notice; provided all pickup and drop-off locations must be along the route .....,( Deleted: another ] between :Prior Lake and downtown Minneapoli~,ylJlE:!_~?__r:D!_!!l}_~!I)I_Clg~E:!Els!_!l?__i_IJ_!^I!mD9J?y_. \,T Deleted: 2 ] the City and the Contractor, \. 'Comment [MRG2]: (1.9 Bus Service says Minneapolis/Sl. Paul I 5,5, Davs of Service, TheBus Service shall oJJerate Monday through Friday. Bus Service shall not be \., area, I made a note at Section 1.9,) provided on the following national ho'lldays:-New--Yeai's -Oay:-Memoiia(Oay, Independe-nce'{jay:".-, 'Comment[MRG3]: Should this say: Labor Day, Thanksgiving Day, and Christmas Day, '->_, South bridge Crossing Station? .... '( Deleted: Prior Lake Bus Service ] 5.5.1. Service may be reduced or eliminated on the following days by mutual agreement ' '( Deleted: Prior Lake Bus Service ] between the Contractor and the City: 5,5,1,1, If Independence Day, Christmas Day or New Year's Day falls on Tuesday, then the Monday before the holiday may qualify for reduced or eliminated service; DN: 133325 4 I 5,5.1,2, If Independence Day, Christmas Day or New Year's Day falls on Thursday:..-.m Formatted: Indent: Left: 1", then the Friday following the holiday may qualify for reduced or eliminated Hanging: 0,76" service; and I 5,5,1.3, The Friday following Thanksgiving may qualify for reduced or eliminated I service, I 5,5.2, Service may be reduced or eliminated by mutual agreement between the City and the I Contractor during periods of adverse weather conditions, such as periods of snow or ice, I 5,6. Service Area, The City reserves the right to expand or reduce the seNice area, The terms of i such expansion of seNice shall be mutually agreed upon by Contractor and the City, I I 5,7, Dissemination of Promotional and Service Information, The Contractor shall disseminate materials to passengers as requested by the City, including, but not limited to, service and promotional materials. The City shall supply all materials for dissemination to passengers, Contractor shall not be allowed to disseminate any of its own service or promotional materials or allow others to disseminate any materials to passengers, without prior authorization from the City, 5,8. Facilities. Telephone and Other Eauipment. 5,8,1, The Contractor shall provide facilities, equipment, supplies and manpower sufficient to I deliver the .Bus Service,_ll}~h,ls:!lIJ9Lb.uLI}.oUiml~~~H(U?c[IJti.~~.toU:!~i.\fEl.C.?~9__<?thf?.rJjf?-'s:!_?J~fL---"{ Deleted: Prior Lake Bus Service ) daily assignments; Transit Vehicle inspections and reporting activities; Transit Vehicle maintenance; scheduling and dispatch activities; seNice communication system; telephone equipment; and facsimile (FAX) machine, 5,8,2, The Contractor shall provide sufficient staff and customer seNice telephone lines sufficient to answer telephone inquiries from the general public and passengers starting one-half hour before the commencement of the first trip in the morning through the conclusion of the last trip in the afternoon, The Contractor shall identify to the caller that ...{ Deleted: Prior Lake Bus Service ] I the caller has reached the.t-aker Lines and Shakopee Transit~l}~!O.I'!!f?L~El.C'{!~~.'-i!,!El.'__________""" 5,8,2,1, Weather, If the Contractor and City agree to suspend the ,Bus SeNice .d.l}~J()_._---."{ Deleted: Prior Lake Bus Service ] adverse weather conditions as set out in Paragraph 5,5,2, the Contractor shall I identify to the callers during the period of suspended service, that the -I2!&...-..--{ Deleted: Prior Lake Bus Service ) SeNice has been suspended due to adverse weather, 5,8,2,2, Complaints, 5,8.2,2,1, All complaints received by the Contractor shall be reported in writing to I the respective City's Authorized Representative within 24 hours of receipt. The Contractor shall respond to all requests by the City's Authorized Representative for information concerning complaints to the extent the information is reasonably available to the Contractor in order to assist the City in investigating any complaint(s), All information, however, required by the Metropolitan Council must be provided by the I Contractor. This information required by the Metropolitan Council must be provided mL!~.~.!~~f!.lJ..i!.~l}y,_p.~C?_\fl~~d_.~Y.!hl?hM~t~op~ljt?nhG()_u!lcil._._....{ Deleted: by ] The Contractor may be required by the City to conduct its own internal investigation and provide the City with written findings in a format mutually agreed upon by the City and the Contractor, The Contractor shall follow the City's reasonable direction with respect to resolving the complaint. DN: 133325 5 I I I I I I I ~- ---<-- ...._-~--.. -'"~- ------- --- I 5,8,2.2,2, The Contractor must refer all callers with a complaint or a I commendation regarding the Bus Service J~__!~_l?__ respective ~l!i~___------{ Deleted: Prior Lake Bus Service ) I Authorized Representative, 5,8.3, The Contractor shall provide dispatch services starting at least one-half hour before commencement of the first trip in the morning and shall continue through the conclusion of the last trip in the afternoon, I 5,8.4. The Contractor shall maintain an accurate clock or watch in clear sight of the driver in the I Transit Vehicles, I 5,9. Service Communication System, The Contractor shall provide a service communication system \ linking the Transit Vehicles to the dispatch services, The Contractor shall be responsible for I maintaining the service communication system and shall have all necessary or required by I warranty scheduled maintenance and repairs done in a timely manner, The Contractor shall maintain a backup service communication system to ensure that all in-service Transit Vehicles may be contacted at all times, The Contractor shall be responsible for any and all costs I associated with providing the service communications system. I ...{ Deleted: Prior Lake Bus Service ) , I 5.10, Staff, The Contractor shall provide adequate staff and personnel to provide the..Bus Service,___mm..... I I 5,10.1, Druq Testinq, The Contractor shall require drug testing in compliance with the requirements of 49 CFR 655 and any other applicable statutes, rules or regulations, of all I I employees in safety-sensitive transportation positions, The Contractor shall be responsible for drug testing, and any associated costs therewith, of all safety-sensitive , employees, If the requirements of 49 CFR 655 or any other applicable statute, rule or I I regulation change during the term of the Contract period, the Contractor shall be required ' to conform to the new requirements, I 5,10.2, A Contractor shall annually provide the City with a signed copy of the Contractor's most I current Federal Transit Administration drug and alcohol policy, 5,10,3, Contractor shall prohibit smoking, eating or drinking in the Transit Vehicle. I I 5,10.4, Contractor shall require its drivers to present a neat and clean appearance and wear a I clean and pressed driver uniform, The Contractor shall submit proposed uniforms for the I I approval of ..tb.ELqtL~,~'-~lch__~pp_r_<?x?L~ijL~9.tl:l_E?__l}nr~?_~9.I}_c:l~IY_yy'i!h~_E?!9_'__I::_O~9!!l<?_IJ~(Lo_~_------{ Deleted: each ] i delayed, 5,11, Drivers, Contractor shall provide drivers to operate the Transit Vehicles with the following I minimum standards: 5,11,1, Drivers mustJ1C!Y~_?J)pr~P!_iC!!e__a~d__'{C!lj9__~jl}_I}~S_0!~_~!?t~_p.rjY_~(~__~[C~I}_~[~_?_~_YY_~ll__c:l~__?_IJL-/-{ Deleted: H ] other licenses or permits required by law to operate the Transit Vehicles, __mm____m______________ Comment [MRG4]: Do you want to also require random checks and how 5,11,2, Contractor must conduct .a___I::_~i!nin~I___h.i_sto_ry___ch_e~k___?_n~__.Q.E?J::>a_rtrn~n.tm9L~j~E?_IJ~.i~g ~ ~::~y;hOUld each driver be checked - I commercial and personal driving record check of each Driver as required herein. ' Deleted: Clear 5.11,2,1. A driver shall J1_~XE?!_ have 1:l~~I}__I::~f1_Yjl::!~9__9.~_?__~E?!~I}Y_~ITE?_IJ?E?__i_IJY_<?!Yj~g_!~_~fL------{ Deleted: Have ]! fraud, burglary, robbery, crimes against children or adults or any such similar offense, and must have not been convicted for any other felony offense within the previous 10 years. I 5,11,2,2, A driver shall never J1?_Y~.J?_~~I}__c:9.I}~[c:!e_g_~L?__~~~i~IJ_~.!r~tfj~_'{!9j~!i~I}__~[t_~!I}Jh~_,:-----{ Deleted: H J past 3 years, including but not limited to any of the following violations: (a) ":::--1 Deleted: j driving under the influence of alcohol or drugs; (b) driving with a greater than ", Deleted: not ON: 133325 6 --- -- I the legal blood alcohol level ~permitted by state law; (c) leaving the scene of an accident; (d) using a commercial vehicle in the commission of a felony; (e) reckless driving and/or reckless endangerment drivers charged with a felony offense or serious traffic violation operating the Transit Vehicles; (f) driver's I license cancellation under Minnesota Statute Section 171.18 as amended from time to time or recodified; (g) operation of a vehicle without a license; or (h) operation of a vehicle without insurance, 5,11,3, Contractor shall require drivers to report such offense(s) or violation(s) as set out in paragraphs 5,11.2,1, and 5,11.2.2, to the Contractor within 3 days of being convicted, The Contractor shall notify the City within 24 hours thereafter and remove said driver from the ...{ Deleted: Prior Lake Bus Service 1 I Bus Service LJ(:)ol1_ce.ce_i~tf1g _f1<?EfJ~?Jjo_n_ fr9.rJ:l Jh_e_ ~ri-",~r,. h _ _ _ _ _ _ __ __ h _ _ _ _ u ____ _ _ _ _ _ _ _uu _ _ _ _ _Uh_ ..U./ 5,11.4. Be knowledgeable about the primary service region and be familiar with the service area ...{ Deleted: Prior Lake Bus Service ) I covered by the ~us Service,hu______h_u_ _____U_m________m ________..____u_u___ __ u_______u_________ ___./ 5,11,5, Be capable of operating the lift and tie-down equipment and be knowledqeable and able I to properly perform .s~cLJrl!:J.gJJr9.c_~~ur_e?, _s_<?!~_Iy' _?s__!~_ey' _ r~I_~t~u !9.J~_~. _!~?n?p9.r\?JJ9.l}h 9_L- .--- Deleted: provide proper passengers with mobility-assisting devices, such as wheelchairs or motorized scooters, '. Deleted: ement I 5,11,6, Be able to use the service communication system and use standard radio protocols, ! 5,11,7, Be able to collect fares in accordance with the City's fare structure, 5,11,8, Be able to clearly communicate information essential to the assistance and transport of passengers, 5,12, Driver Traininq, The Contractor shall provide driver training prior to the operation of the Transit Vehicles, which shall, at a minimum, consist of defensive driving, emergency procedures, emergency evacuation, first-aid, disability awareness, lift operation, securement devices, use of fire extinguishers, and use of the service communications system, 5,13, Proiect Manaqer, The Contractor shall provide a Project Manager, housed at Contractor's I facility, who shall oversee the proper operation of the Bus Service,_.Dave Mohr shaJL.b~_tt1e.<--.' Deleted: Prior Lake Bus Service Contractor's Project Manager. If the Project Manager is replaced, the City must approve the new -'. . Deleted: Connie Hutter Project Manager, which approval will not be unreasonably withheld, conditioned or delayed. 5,13,1, A Project Manager shall be assigned to oversee the Bus ServiceJ9!uf19.J~?_~_!~_all_1_y.~_~r.a_L...'" Deleted: Prior Lake Bus Service a time, If the Project Manager is reassigned prior to the end of this 1-year commitment'L___-- Deleted: Todd Telin shall be the Project Manager for the remainder of that 1 year term; otherwise, the Contractor shall be liable to and pay to each.u~ityu?up~n_~!ty..in__!~_~u?rJ:l.oLJ.r)t9.L.--'-{ Deleted: the ] $mQ, 00,_.. _tr~.i~ .pr.<?\l.i?i_oll_ .~.o~?_ _1l0.t.. ?pply_ _ jf. .t~~ u,=,-~oj~<;:J. _ ~_~Il?g~r _ _r~.~ig_f1?_ ..f!.<?~.. .th~_... -..- Comment [MRGS]: Kelly, $15,000 Contractor. \'--" for the two cities is prety steep, ... '} Deleted: 7 j 5.13,1,1, In the absence of the Project Manager, another designated senior ... Did' 5 management person reasonably acceptable to the City shall be responsible for e ete . 0 I all duties of the Project Manager as set forth in this Contract. A Project Manager shall be on duty and available at all times during hours of service operation. ! 5,13,2, The Contractor's Project Manager shall provide supervision of all personnel associated I with the Bus Service .~_f}~_?_~~U.l'!1?_f1~ge..t_~~)3us Service .~~<;:_<?LJI)J_.~1l9__9P~~?_~9.I)J~.~9.r.~~,__,/" Deleted: Prior Lake Bus Service I The Project Manager shall also be responsible for establishing and maintaining the level" Deleted: Prior Lake Bus Service of customer service required by the City, I DN: 133325 7 I I \ I I -- 5,13,3, The Project Manager shall be responsible for ensuring, at no additional cost to the City, that management and operations staff are available for periodic meetings with the City, including meetings and training sessions, prior to the start of service and throughout the term of this Contract. The City shall provide the Contractor with reasonable written notice I of each such meeting, Electronic notices are permissible, 5,13.4. The Project Manager shall provide technical information to prepare the Bus Service __------{ Deleted: Prior Lake Bus Service ] schedule and work with the City to develop promotional materials, The City shall be responsible for the cost of all service and promotional materials, SECTION 6 AFFIRMATIVE ACTION AND NON-DISCRIMINATION 6.1, Affirmative Action, The Contractor agrees that it will comply with the City's Affirmative Action Policy as follows: Declaration of Policy of Affirmative Action ] I The City of Prior Lake and Citv of Shakopee acknowledg~th?_t~~~_C?L9J?1:>9.r:t_LJ!')lt}'_f9!___mm_____-----'{ Deleted: s all persons is a fundamental human value, Consequently, it is the policy of ..each gjty______________------{ Deleted: the ] to provide equal opportunity in employment and personnel management for all persons; to provide access to, admission to, full utilization and benefit of training and I promotional opportunities without discrimination because of race, color, creed, religion, national origin, sex, age, marital status, affectional preference, public I assistance status, handicap or disability; and to otherwise promote full realization of ] human rights with ~ Qit}' J()Jh~_ _~?<:t_em_p_~rfDi~~~9_ _qy_ J~'!'{, _To_ ifDJ?!ern~nJ_ ~hi_~ _p_()li_cy_,_ __ _ _ _ h_ __ _ _ ____ -- -' { Deleted: the ~ach Q [ty .l~g ujr~~_ ~hat_ _8.V..fHY. _p_e.f~On _ !'!l.?_~lr1~ _ ~p_pnc~ti~f1. _ f()!._ ~~_~~e.!')tl.y_ ~r1}1:>1()},~_9_ _qy_,_ _ _ _ _ _ _ _ _ _ _ _ _.- - - - -- Deleted: the or applying for future vacancies in the employ of ~ity individuallv .will be ------- Deleted: of Prior Lake considered on the basis of individual ability and merit, withoufdiscrimination or-{avc)r-,-----Uhh--_,<:::' Deleted: the I In furtherance of this policy, ~qty__..e?.t_al:JlJ?_h~?___a!')__affj@_C?!ly~__?_~t[()_f'!__p_I~r1_,_________um -, Deleted: of Prior Lake providing for and assuring fair and equitable treatment in all phases of public ''-':::-- Deleted: the employment, including selection, compensation, benefits, training opportunities, -'{ Deleted: of Prior Lake ] promotions, transfers, layoffs and other terms, conditions and privileges of employment. The concept of this affirmative action policy is consistent and Deleted: and shall be implemented fundamental to the maintenance of effective equal opportunity.m__m__________m___________________h_..... as an integral part of the City of Prior Lake's personnel system, 6,2, .Non-D iscrim i nation: _ I.~~_ _ g~r1_t~~~t()!_ _ ?9f~~_~ _ _t_() _ _~ J~[9~ _ _by' _ ~I.I_ Jlf~y_i~i.()f1.~_ _ 9.1. _ ~ jf1.r1: _ _ ~t~J: _ _$_e.~ti~r1:'.:~. - -' -' Deleted: ,In the interest of 181,59, as may be amended or recodified from time to time, entitled Discrimination on Account of ... advancing the goal of open Race, Creed, or Color Prohibited in Contract, and the provisions of Minn, Stat. Section 363,03, as .... competition and equal opportunity in employment, the City undertakes the I may be amended or recodified from time to time, entitled Unfair Discriminatory Practices, .... responsibility for communicating its affirmative action policy to those from 6,3, Americans with Disabilities Act and Minnesota Human Riqhts Act. The Contractor shall not whom it purchases products and ... services,,\! discriminate against any qualified persons with a disability who is an employee or applicant for Formatted: Bullets and Numbering employment and shall take affirmative action to ensure that such qualified individuals are treated without regard to their disability in regard to job application procedures; the hiring or advancement or discharge of employees: compensation; job training; and other terms and conditions, and privileges of employment pursuant to the Americans With Disabilities Act of 1990 and Minnesota Human Rights Act. 6.4. The Contractor agrees that it will not discriminate in hiring, advancement, compensation, discharge and any other terms and conditions of employment against any applicants for employment or employees based upon race, gender, national origin, age, sexual orientation, DN: 133325 8 affectional preference and/or any other characteristic protected by federal, state or City statutes, regulations or ordinances, The Contractor agrees that it will comply with Title VII of the Civil Rights Act of 1964, the Equal Pay Act, Age Discrimination in Employment Act, Minnesota Human I Rights Act, Minnesota Age Discrimination Act, all as amended, from time to time or recodified and other federal, state and City statutes and ordinances prohibiting discrimination in employment. 6,5, The Contractor agrees not to discriminate against members of the public in the provision of services under this Contract based upon any disability, pursuant to the Americans With Disabilities Act and the Minnesota Human Rights Act, both as amended. The Contractor further agrees to offer reasonable accommodations in the provision of services under this Contract to persons with disabilities as required by the Americans With Disabilities Act and the Minnesota I Human Rights Act, both as may be amended from time to time or recodified, I SECTION 7 4------- Formatted: Keep lines together ~------ Formatted: Keep with next, Keep INSURANCE. INDEMNIFICATION AND LIABILITY lines together 7,1, Insurance Reauirements, The Contractor shall obtain and maintain the minimum insurance set forth below and as required by law, The Contractor shall be responsible for all premiums and/or deductibles associated with all insurance covering the Transit Vehicles, By requiring the Contractor to provide. at a minimum. the amount of insurance set forth in Sections 7,1.1 and 7,1,2. the City shall not be deemed to have evaluated or assessed the Contractor's potential liability or risks arisinq under the Contract Document~J:~.E?gg!"!!~af!9!.~~_'?n..evaluate it_~.9_~rlJjs_k~__.. -' Deleted: such minimum insurance, and, if it deems appropriate and/or prudent, it is solely the Contractor's decision to maintain .... the City shall not be deemed or greater limits and/or broader coverage, .... construed to have assessed the risks that may be applicable to the Contractor under the Contract 7.1.1 General Liability '. Documents Deleted: assess I . Bodily injury liability insurance affording limits of $2,000,000 each occurrence, I $2,000,000 aggregate, for bodily injury or death suffered or alleged to have been suffered by any person or persons by reason or arisinq out of any provision or responsibility required as a condition of the Contract Document~ ..................hhh_______.-...- Deleted: of or in the course of . Property damage liability affording limits of $2,000,000 each occurrence and operations under the Contract I $2,000,000 aggregate for damages to property suffered or alleged to have been suffered by any persons(s) by reason or arisinq out of any provision or responsibility required as a condition of the Contract Document~__.................._hh__.h.h__h__________....-... Deleted: of or in the course of . If such insurance is written on a combined single limit (CSL) basis, the limit of liability operations under the Contract required is $2,000,000 per occurrence, $2,000,000 aggregate, CSL, 7,1,2 Automobile Liability I . Automobile liability insurance with a combined single limit of $~9_Q~WQQc_Q~!?j!"!i.rlg.?__..--...{ Deleted: 2 ] single policy or obtaining a primary automobile liability policy and an umbrella or excess liability insurance policy may satisfy this coverage. Coverage shall be in a form reasonably acceptable to the City, . Comprehensive and collision insurance for each Transit Vehicle in an amount and manner sufficient to cover repair or replacement of a Transit Vehicle, I . ~g )ty_ _ ~h?-'! _ j:J~ _ inf'-u~~_~_ _'?~ _ ~rlh ?_d~lti~n_,?! _ i n_s~~E?_~ _ ~ith _ f~~R~<;:~ _ ~~ _ ~hE?_ _?_LJ!9.r:rl~ b_i!~_ _' _ _ _ - - - { Deleted: The ) liability and comprehensive and collision insurance. . Deductibles shall not exceed $5,000 per occurrence, ON: 133325 9 -'. . Such insurance shall include personal injury, blanket contractual, broad form property damage, products and completed operations liability, owned and non-owned vehicles, and Minnesota Stop-Gap (employer's liability) and other insurance as may be deemed appropriate by the City, Payments by the City to the Contractor under this Contractor will be increased to compensate the Contractor for additional costs it may incur as a result of the City requiring any such other insurance, but only if such insurance exceeds $5 million on a combined single limit basis, . All liability insurance policies shall include the City and their respective elected officials, officers, officials, agents, employees and attorneys as additional insureds, Such insurance shall be provided on forms and by insurance companies reasonably satisfactory to the City. . No provisions in this section shall be construed to limit the liability of the Contractor for work not performed in accordance with this Contract or in accordance with any express or implied warranties, The Contractor's liability for the work performed pursuant to the Contract Documents shall extend as far as the appropriate periods of limitation provided by law. I · The Contractor shall provide a Certificate of Insurance in a form ~c~~f>~~I?J~.t<?Jh.~uC;:JtL..."'{ Deleted: reasonably ] as verification of compliance with this Section at least 30 days before the I commencement of the Bus Service,.uCl.f!9..6.Q.~C1}'?u~~f<?!~.~n},.c;;.0~tE:l.rnpJCl!E:l.~.!~n.e"Y.C1!.o!.~......{ Deleted: Prior Lake Bus Service ] change in coverage, With respect to the interests of the City, such insurance shall' .... Deleted: or before Contractor takes provide that it may not be cancelled, reduced in coverage or limits, or non-renewed delivery of the Transit Vehicles, without providing the City of Prior Lake with 30 days' written Notice, The evidence of whichever occurs first insurance shall include a copy of the amended insurance policy which shows the City has been added as an additional insured, in addition to the Certificate of Insurance, . Any payment for services under this Contract shall be withheld until an approved I 1 Certificate of Insurance is on file with the City of Prior Lake, . The CitYJeserves the right at any time during the term of this Contract to change the amounts and types of the insurance required by giving Contractor 60 days' written Notice; provided any increase in cost to the Contractor resulting from changes to the amounts, if over $5 million, or types of insurance as requested by the City shall be ..{ Deleted: the City's ] I paid by the City, All insurance requirements, forms and certificates shall be subject to Deleted: the City, its ' I the approval of the respective City's City Attorney, J:i.~~ua.ss.E:l~?C?U?fuCl~y"o~he!up.a!1Y./ ./ Deleted: and retained by the respective City to evaluate the adequacy of the Contractor's coverage;:,/ ' , provided such approval will not be unreasonably withheld, conditioned or delayed. :/,' Deleted: Pnor Lake Bus Service :: ,', Deleted: <#>In any and all claims 172, Indemnification The Contractor shall defend indemnify and hold harmless Prior Lake and ,/ /: against the City. its City Council, , " " ,,' officers, agents, employees, Shakopee and their respective .CJty,. ~C?~.J.I}~i1~,u ()ffi~e!.~,. C1gE:lntsL.e!'T1pJ()y.e~s.._C1~!()~n.E:lY.~. and ioint"" :':, 0 ' powers entities from and against any and all claims, causes of action, judgments, liability, losses, //:' F rmatted: Bullets and Numbenng costs, expenses and damages (including but not limited to reasonable attorneys' fees) arising out // /.: Deleted: <#>or of or in connection with negligent acts or omissions by the Contractor in providing Prior Lake and :' ::'.:,' Deleted: <#>attorneys, or joint Shakopee, their respective Bus Service:...... u.....m...u.____..................uuu.........uu.u.. ..u...../ )// ~~~:~t~;~:~~~ :~~~~ ~~~~~~~;' any ::;',' indirectly employed by the Contractor 7,3, .Worker's Compensation,.. J.~~. .~()I}.t!~~tO!__~r!~.. Jt~. .?LIlJ.cC?r!tr:ac;to!~ __ ?~C111.. .rn9.i.f!~9.in.. "YC?r~e!~'.f' or any subcontractor, or anyone for compensation insurance for all persons performing services under this Contract in form and limits whose acts the Contractor or any I' ,subcontractor may be liable, the as reqUired by state and federal statute~, The Contractor and ItS subcontractors shall also claims shall not be limited in any way maintain employer's liability insurance in an amount, in a form and with a company reasonably by any limitation of the amount or satisfactory to the City for the benefit of all employees not protected by worker's compensation type of damages, compensation or benefits payable by or for the laws, Contractor or any subcontractor under Workers' or Wor1<man's Compensation Acts, disability benefits acts or other employee benefits acts,1I ON: 133325 10 I ._~~ - -----..------ - --,- 7.4, Independent Contractor. Contractor and the City agree that the personnel engaged in providing I services under this Contract .s.~_~!I__~~__ ~ll.g__~~I]:I~tr1__ ~1]:Ip.!l?Y~_~~ _ _C!LQ9-,!J~~c;:J~~L _~~l:Uh?J__ !~_l?~~___-- - --- Deleted: Documents personnel shall not be considered employe~,Q.U.~~ _ Qity, ___<;:_C!_n!~?_c:to_~_?9r~e_s JhatJh~ _ qty_~h_a!l. __- _ ---- Deleted: d not be liable for claims asserted by those personnel for discrimination, alleged unlawful -- Deleted: by I discrimination, harassment, retaliation or reprisal by the Contractor or subcontractor, or other alleged unlawful practices by the Contractor or subcontractor arising under any federal, state, or local statute, ordinance, or regulation; alleged wrongful discharge; breach of contract; breach of implied contract; failure to keep any promise; breach of a covenant of good faith and fair dealing; breach of fiduciary duty; estoppel; defamation; infliction of emotional distress; fraud; misrepresentation; negligence; harassment; constructive discharge; assault; battery; false imprisonment; invasion of privacy; interference with contractual or business relationships; and 1 I violation of any other principle of common law or action brouqht under any equity principle ol__--....{ Deleted: , Contractor or subcontractor agrees to indemnify and hold harmless the City for any such claims asserted by personnel performing services under this Contract; provided, however, that this indemnification obligation does not cover claims based upon acts or omissions by the City or its personnel. 7,5, Incident Notification. 7,5.1 An Incident is defined as: 7,5,1,1 An accident incident and/or situation involving 9-.vehicle and/or property damage, personal or real. which prevents a Transit Vehicle from proceeding in service ...{ Deleted: , ] operation;._ _ _ _ __h___ __h_ __'___h_ _ _ _. __ _ ___ _ __'h _ _ _.. h __ _ _ ___.... _ _ _ _.' _ _ _ _ __ _h' _. ______ __ __ ___h _ _. _ ..... 7,5,1,2 A situation or incident where there has been any contact or collision between a Transit Vehicle and another vehicle, a fixed object, or a person, whether or not damage has occurred, or any occurrence in or near the Transit Vehicle which results in injury or suspected injury to a passenger or injury to any other person ...{ Deleted: , 1 I resulting from operation of a Transit Vehicle;._C!r.._h_h_____________.h______h__.____h____h/.. 7,5,1,3 A situation or incident in which first aid or on-site medical attention is given, in or near a Transit Vehicle as a result of an injury to a passenger or injury to any other person resulting from operation of a Transit Vehicle, 7.5,2 The Contractor shall immediately orally report all situations and Incidents, Contractor shall send the respective Cjty)__t._LJ!~_C?rj?_~~_.Repr~~_e~t?_tjy_e__?__.\Y.@~n_J~p_l?.r1__d_l?!~i!!r11L~?_c:h__../-{ Deleted: c 1 situation or Incident within 24 hours of the situation or Incident. 7.5,3 The Contractor shall not be required to perform any medical or quasi-medical functions beyond basic first aid for passengers, In the event of illness on board a Transit Vehicle, the Contractor shall require the driver to advise the dispatcher by radio and request assistance from 911, as appropriate, SECTION 8 VEHICLES 8,1, The City shall be responsible for acquisition of the Transit Vehicles and payment of all acquisition costs, Contractor shall assist City with acquisition of the Transit Vehicles, 8,2. Delivery. The Transit Vehicles shall at all times be owned by the City, unless the City chooses, in I its sole discretion, at some time in the future to transfer its ownership interest in the Transit i i ON: 133325 11 I I i I I ~ Vehicles; provided the Contractor is under no obligation to acquire the Transit Vehicles from the City, 8,3, Loaned Capital Equipment. _- Deleted: In the event Contractor fails 8,3,1 ,,~~ * ~ - - - - - * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.-' to deliver a Transit Vehicle or if a Transit Vehicle is not ready to placed 8,3,2 If a Transit Vehicle is inoperable or out of service for maintenance work and .a City. in service on January 1, 2002, Contractor shall provide City with provided spare bus is not available, Contractor shall provide Loaned Capital EquipmentjQ \, Loaned Capitai Equipment. For this mitiqate any disruption in Bus Service, The City shall pay Contractor on a per trip basis for paragraph only, the City shall pay " Contractor on a per trip basis for Loaned Capital Equipment. The usaqe rate for Loaned Capital Equipment per trip is " Loaned Capital Equipment. The rate , In the event of a breakdown, accident or malfunction of a of compensation per trip is Fifty-Eight Transit Vehicle during in-service time, Loaned Capital Equipment shall generally be put " Dollars and no/l00 ($58,00), into service no later than 30 minutes, but no longer than 60 minutes followino the "( Deleted: the ] breakdown, The Contractor shall provide city oral Notice of its use of any Loaned Capital Equipment.lm__---- ___ Comment [MRG6]: I'd like to 8.3,3 discuss this, 8,3A Loaned Capital Equipment shall be Jhe equivalent or better than the Transit Vehicles .__----- Deleted: the MCI Model M-5, as provided by the City, indicated in the Contractor's bid, 8A, Exclusive Use of Vehicles. The Transit Vehicles shall be 100% dedicated to the City's use, Contractor shall not use the Transit Vehicles for any other use, The Transit Vehicles may be I used ~(,). ,of~yj?-~_ .(,)~h~r _tr.C!!l.~R~~C!!l9_1'J. ~~_r:'{l~~~J. .C!~_ _O_~~9_~~ .~~ _~~.gLJ~_~t~d_ _by .ttl_~. ~j!y.;. ]Jf~yj9.e~ _ t~.~_ _' ._...- { Comment [MRG7]: By whom ] City must us~ th~.C_omra.cto.~.a!l.9_ g[y~.ttl.e.9~o.tf~9.t(')f.~_~_~?Y?~HqE~~'uu_""'h"""___...h. ..uu_._ .u_..._.-.- Comment [MRG8]: ?? 8,5, Return of Transit Vehicles to the City. Unless otherwise directed by the City, the Contractor Deleted: n I shall return the Transit Vehicles to the respective City's Public Works Garage on the day the Contract term expires or on the day the Contract is terminated as allowed under this Contract. I The Transit Vehicle shall be returned in good operati!J9,c:(,).I'J~iti~o'h~!I;r;:~ptil'}g_!l.Ofm?-'--~E?_ar._C!!l.9._._.----{ Deleted: onal 1 tear. 8.6, Repair or Replacement. 8,6,1 In the event of a minor breakdown, malfunction or accident, the Transit Vehicle shall be repaired within a period of 7 calendar days from the date of breakdown, malfunction or accident (provided such 7-day period shall be extended if the repair may not be completed due to circumstances beyond the reasonable control of the Contractor), 8,6,2 In the event of a major breakdown, malfunction or accident, the parties shall agree upon a mutually acceptable period to repair the Transit Vehicle. I 8,7, Fare Collection Boxes, The Metropolitan Council ,will P.fC?yi~~_the City with f_C!f~.!:!9_~~~JqUh~__..-.---{ Deleted: shall ) Transit Vehicles, Installation and maintenance of the fare boxes shall be the responsibility of the Contractor, Loaned Capital Equipment shall not be required to have a fare box permanently I installed. If Loaned Capital Equipment is placed in service, the Contractor shall have a procedure~ acceptable to the City, in place to conveniently and accurately collect and secure passenger fares and passes and issue transfers, 8.8. Vehicle Operation. Maintenance. Inspection and Storaae. 8,8.1 Transit Vehicles or Loaned Capital Equipment shall be operated in conformance with operating standards and procedures and all lawful orders, rules, statutes, or regulations of I any federal, state or local agency having jurisdiction over matters d_e~li.l'Jg_yyj~tl._~tl_~_~<---.{ Deleted: materials ] Service, and with due regard for the safety, comfort and convenience of passengers and '-...{ Deleted: Prior Lake Bus Service ] the general public as well as to minimize breakdowns and malfunctions, ON: 133325 12 - - ~.- ~ _.~---,_._--- ----,-.-- --, ---- 8,8,2 Contractor shall not require or allow a Transit Vehicle to be operated that is not in safe or proper condition, 8,8,3 The Contractor shall provide and maintain indoor storage and maintenance facilities for __-{ Deleted: for J I the storage and servicing m....t~_E?_Ir9.0_~l\Y~hi.cle~ _9Lh9_~n~9J;:_aRiJ~LE_q~ipmenLh_______h __ ------- 8,8.4 The Contractor shall perform all maintenance and repairs of the Transit Vehicles in strict accordance with the manufacturer's recommended schedule and in strict accordance with I the Transit Vehicle warranty, The Contract shall use only manufacturer's recommended replacement parts for the Transit Vehicles, 8.8.4.1 Contractor shall be responsible for delivering Transit Vehicles to service maintenance shops for any necessary warranty work at no cost to the City, 8,8.4.2.Parts, Lubricants, Supplies: The Contractor shall at its sole cost and expense<.>._:--{ Formatted: Underline ) maintain storaqe of and provide lubricants. repair parts, and supplies required for '..{ Formatted: Bullets and Numbering ] the orderly maintenance and operation of the Transit Vehicles used for the Bus Service, The Contractor shall maintain reasonable inventory levels to assure timely repair of Transit .Vehicles and appurtenant equipment. The Contractor supplied ..__----{ Deleted: v ] parts inventory shall remain the property of the Contractor upon completion of the term or termination of this Contract. 8,8.4,3.Safety Equipment: The Contractor shall be responsible for replacement of all__------{ Formatted: Underline J safety equipment includinq fire extinguishers, reflectors. and other auxiliary safety equipment that is broken, worn out consumed or misplaced, 8.8.4.4.Component Repair/Replacement: The City that owns the Transit Vehicle in need of<..::-.__-- Formatted: Underline a repair or replacement part shall bear the cost of sinqle part replacement only for . Formatted: Outline numbered + those parts that exceed $750,000 in cost. If the Contractor recommends either Level: 4 + Numbering Style: 1,2,3, repair or replacement of a component or qroup of components that are no lonqer "', + Start at: 1 + Alignment: Left + t' I h d d th ' f I I'f f h' h th' , Aligned at: 1" + Tab after: 1.5" + opera lona , ave excee e elr use u I e, or or w IC ere IS an onqolnq Indent at: IS' pattern of concern, such recommendation must be in writinq and include ;3 I . minimum of three (3) quotes, consistent with the City of Prior Lake's 'purchasing _::---- De eted: prOVide POliCY. from authorized vendors certified to repair and/or rebuild Transit Vehicles, 'oh Comment[MRG9]: Do you want to , delete "consistent With the City of The written recommendation must also outline the warranty provided for the parts Prior Lake's purchasing policy"? If and labor. All enqine and transmission repairs and rebuilds that exceed the not, the Purchasing Policy should be $750 00 threshold will be billed to the respective City for parts and labor Written prOVided to contractor and Included , ' as a Contract Document. authorization to proceed with the repair or replacement must be obtained from the respective City .before the Contractor undertakes ;3ny repair in excess of the _------{ Deleted: to the ] $750,00 threshold, .-....{ Deleted: is to be submitted for ] ] Comment [MRG10]: Should this be deleted? Each City should deal with the contractor on issues relating to their respective Transit Vehicles, 8,8.4.6.Paint: The Contractor shall be responsible for repaintinQ any scratches and dents<:::_::-- Formatted: Underline on the Transit Vehicles that have occurred due to accidents/incidents while in the '. Formatted: Outline numbered + custody and supervision .of the Contractor. If either City determines that a paint iob _ Level: 4 + Numbering Style: 1, 2, 3, is necessary .due to the age or wear and tear on their respective Transit Vehicles. \. "'. + Start at: 1 + Alignment: Left + th C t t 'II f 'I't t th 't' k d th t' C't h II b ','. Aligned at: I" + Tab after: IS' + e on rac or WI aC11 a e e pain Inq wor , an e respec Ive I y S a ear...... Indent at: IS' the cost thereof, ... ... Deleted: under the supervision Deleted: to ON: 133325 13 ~ - - "._-~ --- -~ 8,8,5 The Contractor shall be responsible for the repair of all Transit Vehicles' bus components damaged as the result of accidents, breakdowns, malfunctions or vandalism, In the event a Transit Vehicle is destroyed in an accident, the Contractor will use commercially reasonable efforts to replace the Transit Vehicle with an identical model; provided, however, it is understood that it may not be possible to locate an identical model and, in such event, the Contractor will replace the destroyed Transit Vehicle with a model which is then readily available in the marketplace and which is as close as possible to the I specifications of the destroyed Transit Vehicle, Any replacement vehicle shall be subject to the approval of the respective City, which approval will not be unreasonably withheld,.p_~_<--/{ Deleted: , ] delayed, The respective City shall own said replacement vehicle_ ----..{ Deleted: conditioned ] 8,8.6 Contractor shall supply the proper fuel recommended for use in the Transit Vehicles as I well as all other fluids, includinQ but not limited to enQineer, radiator transmission, Contractor shall not overfill the fuel tank such that fuel spills over the exterior of the Transit Vehicle. Contractor shall repair damage to the Transit Vehicles' bodies and paint due to fuel spillage, 8,8.7 The Contractor shall supply and maintain all tires for the Transit Vehicles and ensure proper tread depth and inflation at all times, I 8,8,8 Transit Vehicle Drivers ~.h~IJ__r:D!,!il)t~i.r:UD_e__D_e~ti.r)9__~~~t?i!__~9!1d.iti().l)j~_g__s)'s.t~~_. of the ..-.---- Deleted: Contractor in Transit Transit Vehicles to ensure a comfortable climate for passengers at all times, Transit Vehicles 18,9, Vehicles or Loaned Capital Equipment with faulty or inadequate heating and air /{ Deleted: Prior Lake Bus Service ] conditioning systems shall not be used to provide.Bus Service,____________________________________m----- City Inspection, The City reserves the right to conduct periodic inspections of their respective Transit Vehicles, with or without notification to the Contractor, In no instance shall inspections interfere with the Contractor's ability to meet its service obligations, All in-depth inspections shall I be completed at the Contractor's maintenance facility, The Contractor shall make available to City staff a maintenance bay to perform such inspections should it be requested and the Transit Vehicles' maintenance records, 8,10, Vehicle Cleaninq, 8.10,1 Dailv CleaninQ, The Contractor shall provide daily cleaning of the Transit Vehicles, Daily cleaning shall include sweeping, dusting and spot mopping of the interiors. Trash shall be emptied after each trip, I 8,10.2 Twice Weekly Cleaninq, At least twice weekly, Contractor shall fully wash the exterior and I clean the interiors of the Transit Vehicles, which shall include a full mopping, washing the Deleted: , and fully washing the windows, and cleaning the driver's area. __m___m_ ____U____h___ ____ _ ___ ____UUh_h m_ _______UUm__ ._---- exterior 8.10,3 Monthly Cleaninq, Contractor shall perform monthly c1eanings, including cleaning the dashboard, ceilings, walls and other interior areas and surfaces, The interiors of the Transit Vehicles shall be free of noxious odors from cleaning products, vermin control products and engine exhaust fumes, 8,10.4 Cleaning Supplies. The Contractor shall be responsible for maintaining cleaning supplies in each Transit Vehicle, At a minimum, the cleaning supplies shall include the following: . paper towels . throw-away plastic gloves . cleaning solution to clean, disinfect and deodorize, The solution used shall be non- I toxic~J1_o_r]:s.t_~[nJ~g and bio-friendIY:___ u _u u __ _ _ _ _ _ _ _ _ _ ___ _ u u___ _ _ _ _ ___ _u u__ 0. m _ _ __ _ _ _ _ _. _. _ ___ _- - --- { Deleted: and 1 . waste receptacle ON: 133325 14 ---'- --- ---- . small broom and dust pan 8,10.5 The Contractor shall be responsible for maintaining a sanitary clean-up kit on each Transit Vehicle, The cleaning kit shall contain Zephynamic, or a similar product. The cleaning kit shall include a minimum of the following: . 1 Clean-up Absorbent Pack . 1 pair disposable latex gloves . 1 scoop, waterproof Michelman coated . 1 scraper, waterproof Michelman coated . 1 red plastic bags with twist ties . 2 disposable towels . 1 antiseptic hand wipe . 1 eye protection I . 1 respiratory mask 8,11, Transit Vehicles Inspections, 8.11.1 Daily Inspection, Contractor shall perform a daily Transit Vehicle inspection before the first morning trip, Contractor shall record the results of each daily inspection on a Daily Inspection Report, 8,11,1,1 The daily Transit Vehicle inspection shall include, but is not limited to, inspecting the following to assure the Transit Vehicle is in sound operating condition: I ! . walk-around visual inspection I . directional signals and flashers I . headlights, brake lights and taillights . windshield wipers and washers . interior lights . horn . parking brake . door operation, including emergency exits and alarms . fire extinguisher charge . full-cycle of lift function . sufficient tie-down equipment for each wheelchair seating position . tires . heati ng/defrosting/air -condition ing . fluid levels . service communication system 8.11,1.2 Copies of Daily Inspection Reports shall be kept on file in the Contractor's office and shall be available for inspection by the City, the Minnesota Department of Public Safety, and any other agency having reason to I inspect the Transit Vehicle .IJ!~p~~~j()_~.Reports:u_uu_...uu.___.. u."'u ._.... _u<:'" Deleted: i Deleted: history 8,11,2 Weekly Inspection, Passenger reading lamps shall be inspected weekly, and burned-out Comment [MRGll]: (Why not daily I bulbs replaced prom ptly, I. u _ _ _.... _ _ _. _... _ _ .._." _ _ _.'" _ _ m ..._ _... _ _ _.." _ _ _ _' .h_""".. _ _ m." u..'" _ _""""" _------- or alleasllwice weekly?) 8,11,3 State of Minnesota Vehicle Inspection, Transit Vehicles must undergo any required State of Minnesota inspections, DN: 133325 15 -- .~- -- 8,11,3,1 Transit Vehicles or Loaned Capital Equipment that do not pass any CC Deleted: s I required ~!?,t~,,<?t, ~.i!!~_~~<?tC3nlrJ~P,~~ti~~" ~h,?H"rJ~!nb~"l,l~e,~"f<?!,JhE:l"..fu&j::> Deleted: r Service until its deficiencies are corrected, The respective City shall advise ...... Deleted: Prior Lake Bus Service Contractor of time within which rep~irs to correct such ~eficiencies shall ?e ..{ Deleted: Prior Lake Bus Service ] completed. City may Impose, as liquidated damages In accordance with ... {D I t d . th C t t r' Br:ml I ' c' e e e : In e on rac 0 s 1 Paragraph 10,8, a dally amount equal to Contractor's cost to provide..fu&/ /{ Cml Service. :, Formatted: Bullets and Num '" 2 - if: Deleted: <#>In year 1, the op '" 3 / / i Formatted ." 4 SECTION 9 i/;!l Formatted rm1 PAYMENT, INFORMATION AND REPORTS // i!!f Formatted ~ : / :::1 Formatted ". 7 I 9,1, Contractor shall be compensated by each City independent of the other for operating costs only i! N{ Formatted C18Tl as set forth .below,,!!l.lrJ~sJ,~E:l..fCl!~~<?X_<;:.q!'-~~ti~~,.)\rJ)'.f?!~~<?x,c,q!I,~~ti~~u!?h9,r:tfC3ll,~.i!L~~,~tE:l,~~<;:~~~t:' ! i:!!!ii Formatted ~ from the total rate paid to the Contractor, except if noted on revenue and ridership log where ! f;:!/! Formatted passenger refused to pay, : ,;::!!:: ". 10 ; ::i::;;.( Formatted Table r.::rml 9,2, For services rendered for Shakopee Transit, Contractor shall bill the City of Shakopee, For": ffi/!/i Formatted ~ services rendered for Laker Lines, Contractor shall bill the City of Prior Lake, Contractor will track !0'1/:';' Formatted '" 13 and report fare and ridership information independently for each City. In no case shall either City :$;;://( Formatted ~ be responsible for fees owed and not paid by the other City i~f:/:': '" 14 !:~.::',://,: Formatted ~ Operating Costs, j\~i/:,: Formatted 1\11,'", " { 'r,:i;,/.- Formatted I Year 1 Year 2 ,Year 3 m'U nu__.Year4 ohm U'h..Year 5 mm ohm Year 6. m.... iF:>".- Formatted '" 18 'n'u,mm -/51H(}7~.4130/08r: :f51-1-10&~-4I-30/09\.-:::(511/e9'~4/30110l.' :{5I1I18~4!30!1n.: :fSI1fH~413eM~: :/SI-1f12-'4130/131.- ,'... F tted .....- orma ". 19 I ~~~~iz~~a~~e__uuu hUU$:~'~~.,::::: ::::Y~~~_~',:::::::::J~~::_1:::::: ::::::~~~~~~:::::: ::::::~~::1::::::: ::::::~_~"13:::::~~~;',,.{ ::~:::: ~ P II 0 t Ch "" . '" 21 U - U arqe - . ':::. -'. , "" " Forma ed Dally (charqed once ',',',:., -.,1 tt rrml jer :~:e~er ~:J e;~ $195,00. uu un ~202,80Lhumi210,91,____ _hu $218,29. uu ___u$224,84. uu hh ~231,57.u_~ ..\:::::::::j ::~:::: ~ provide 5 routes = 3 ~\ \.\..'f Formatted CT25fJ pull out charaes, ~:::\ \'( Formatted D26ll I ; ~'" " , '" 26 .... ::\\...' Formatted ... 27 9.2,2 Fuel Cap, Each respective City shall pay fuel costs over the fuel cap of $,;U2Q,f.le!..gCln~~,\':~;:::,:,:>:'f Formatted ~ (including taxes), "\ \ ~\\": Formatted ... 29 ,',I' \ 9,2,3 Other Services: Costs for additional services not covered in this .contract such as in-plant, \':\\\::\ Formatted ~ Transit Vehicle jnspections or preparinq new Transit Vehicles for operation, will be ,\ '~:.. ::.. ....\\ Formatted ... 31 neQotiated between the respective City and Contractor, and confirmed in writinq by said \\ ,,:,,',::..J Formatted ~ City, prior to performance of the requested services, \,,\'....'\\~ Formatted ~ . " ", ':' Formatted 34 9,3, Monthly Reports, Monthly invoices and required reports shall be furnished by the Contractor to :," \\':( D35ll ~~!W:?, _~~_t,~~~l~~~" ~~r:>!.~?l?,~!9,tjY.l?:, _T.~~. ,9.i!Y, , ~,~y.'" 9,~ ,l~~, _~9_1~ _,~ l~~~l?,tj9.I}), ,~e,q~i!_~_ ,~~~.i!!<?,rl~l, '~:,\ \:',,:' Formatted '" 35 information to be added to the Monthly Report, Contractor shall use a form approved by the City. \. '\\\\ Formatted ... 36 ... ":..\ ", formatted: Bullets and Num ... 37 The Contractor shall submit the following information monthly with its invoice (this information \. "\\ Deleted: 1.46 I may be submitted by the Contractor to the respective City either in the Monthly Reports or in \ \..: D I . h rt b 'd d h C't) , , e eted. c ot er repo s to e prOV! e to tel y : \ \' ... \ Deleted: bus ... Deleted: buses ''( Deleted: the ] DN: 133325 16 "--.-- ~Incident report including the date, vehicle number, driver, description of Incident.Q[-mh-{ Formatted: Bullets and Numbering J situation, name, address, and phone number of all parties involved and follow-up summary of actions taken until resolution of all aspects of the Incident or situation, 9,3,2 Complaints>.c_9mlJ:l~~_d~!i.o!)\>_ and recommendations (Rh9_D~_?_D~_Y'l~l\t_E!D).in~J~9.ing _Oc!Il)_E!_~L-----{ Deleted: and ] person making the complaint ~ommendation or recommendation, ~~~~riR!i_9!"),._S_Umll)(:!~__------{ Deleted: or condemnation, J of the actions taken and status, I ~Incidents of rider illegal activity or dangerous behavior on a Transit Vehicle and actions taken by Contractor to notify the City of the incident(s), I 9.3.4 Passenger summary update containing, at a minimum, the following information: (1) number of inbound passengers by origin; (b) number of outbound passengers by destination; and (c) number of times lift is deployed by origin and destination, I ~Fare box report, including the following information: (1) number of passenger trips paid with cash; (2) number of passenger trips paid with coupons; and (3) number of passenger trips paid with passes segregated by type of pass, I 9,3,5,1 Fare Box Collections, Fare box collections shall be equal to the total value for all passengers boarding including cash fare, value of transfers, value of tickets and value of free-ride coupons. I ~Daily arrival and departure times for each Transit Vehicle at each designated starting I location, intermediate location, and ending location, I I ~Any maintenance work due under the warranty schedules for the .!1recedinQ 1J:I~~_t~__cm9___------{ Deleted: subsequent ] when such work was performed as well as a list of the warranty work due in the reporting I month. The Contractor must provide a written explanation for any warranty work due but not performed, ! I 9.4, BillinQ Cvcle. The billing cycle shall run from the 1 st of the month until the last day of the month, I The invoice is due to the City within 10 days following the end of the billing cycle, The City shall not delay processing the Contractor's invoice unless all required reports are not submitted, I I ~ The City, after receipt of a properly completed invoice and all required reports, will I authorize the payment of the Contractor for authorized services satisfactorily performed, I Acceptance of such payment by the Contractor shall constitute full compensation for all supervision, labor, supplies, materials, work, equipment and the use thereof. The City I shall reimburse the Contractor within 30 calendar days after a properly completed invoice and all required reports are received, I I 9,5, Prompt Payment to Subcontractors. The Contractor shall pay any subcontractor within 10 days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor , If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5% per month or any part of a month, The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10,00. For an unpaid balance of less than $100,00, the Contractor shall pay the actual I interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect I interest penalties from the Contractor shall be awarded its costs and disbursements, including I attorneys' fees, incurred in bringing the action, The Contractor shall, by an appropriate I agreement with each subcontractor, require each subcontractor to make payments to its subcontractors in a similar manner, DN: 133325 17 ~- - -, ~ - ,--- ---- ._-~ ...- - _u___ _ _ 9,6, General Record Keepinq and Data Collection, The Contractor shall be responsible for collecting information and preparing Monthly Reports Wor each service I?rovider independentl}::,__------ Comment [MRG12]: (What does I This information shall be retained by the Contractor throughout the term of Jhis G.9ntr?cL<?/"lc:L. "for each service provider" mean?) I delivered to the respective City at their termination of this Contract, - Deleted: its I ~Additional information and reports may be required from the Contractor only as mutually I agreed upon by the City and the Contractor, If any additional information is required by Metropolitan Council, such information shall be required from the Contractor, Any data I collected is the sole property of the respective City and requests for information about data collected shall be directed to the City, ~No data "s_8?1L 9_e_ _gj~_~~lJJ j~_<?t~g_ _ tc:U~_gjyj9.l,J_<?l~__9_~ _ ~~.tm~~ _.rJ9.t _ ?,l,J.t_~9.~i~~_d_ .to_ _ rec~i_v~ _ the___ _-- --- { Deleted: requests ) collected data, The contractor shall notify the respective City of any request for data, 9,7, Records, The Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of the work under the Contract in accordance with generally accepted accounting principles and practices and with all Metropolitan Council guidelines for .service __------{ Deleted: each ] providers, ~ The Contractor shall maintain all financial information and data used in preparation or support of the cost submission for any negotiated Contract or change order, I ~Pursuant to Minn, Stat. Section 16C.05, subd. 5, the Contractor shall allow the City or other persons or agencies authorized by the City or by law, including the Legislative Auditor or the State Auditor, access to the records of the Contractor at reasonable hours, and upon reasonable notice, including all books, records, documents and accounting procedures and practices of the Contractor relevant to the subject matter of this Contract, including, but not limited to financial, personnel, maintenance and operating records, for purposes of audit. The Contractor will provide appropriate facilities for such access, inspection, audit and copying, I ~ The Contractor shall keep a mileage log to account for non-deadhead and non-service ] J'Tlile for each Transit Vehicle service provider,__~9.ntr?c:;.t~r_~t:l_<?!'__g_qc:;.LJf!1.~_rlUh~Je_~~_orUo_r__------{ Deleted: miles non-deadhead and non-service miles, I 9,8, Vehicle Record File, The Contractor shall maintain an Vehicle Record File for each Transit Vehicle, At a minimum, the Individual Record File shall include: . Vehicle identification and license numbers, . Vehicle maintenance and repair history, including description of maintenance and repair performed, Contractor or facility doing the work, cost, date and mileage, . Vehicle equipment check log verifying that all inspections have been performed according to the manufacturer's suggested schedule or semi-annually, whichever comes first. . Documentation that preventative maintenance was performed according to the schedule established by Transit Vehicle manufacturer, the Contractor and as approved by the City (which approval will not be unreasonably withheld, conditioned or delayed), . Vehicle maintenance requests submitted by drivers, including what action was taken and when, I SECTION 10 I ON: 133325 18 i I I I I I I I I DEFAUL T, WAIVER AND TERMINATION 10.1. Default. All terms of this Contract are material. In the event Contractor breaches or defaults on a I material term of this Contract, City shall provide Contractor with written Notice of said breacl1..I.~~__....."{ Deleted: or default in detail ) Notice shall set out the nature of the breach or default in detail. The Contractor shall have 1 0 calendar days to cure the breach or default unless the Notice of breach or default prescribes a longer period of time to cure or remedy the defect or breach, I 10,2, Remedies in the Event of Breach or Default. Whenever a breach or default occurs and said breach or default is not cured within the time set forth in this Contract, the City may take anyone I I or more of the following actions without providinq contractor additional time to cure. The City _ _ - { Deleted: further Notice: ) shall provide contractor a written statement indicatinq what action it is taking_ .__....mm__.__........___..... 10.2,1 City may withhold payments to Contractor. I I 10,2.2 City may terminate its participation in this Contract. 10,2,3 City may collect a penalty if and to the extent authorized under paragraph 10.7 herein, 10,2.4 City may assess liquidated damages to the extent authorized under paragraph 10,8 herein, I 10,2.5 City may institute legal action against Contractor or utilize the performance bond delivered hereunder, to collect, payor reimburse the City for: I 10,2,5,1 The cost of curing any default or breach by the Contractor in the performance of the Contract. \ 10,3, No Remedy Exclusive, None of the remedies set forth in paragraph 10.2 are exclusive; the selection of one remedy does not preclude the City from pursuing any and all other remedies, 10.4, Termination for Lack of FundinQ, The City may terminate this Contract in whole or in part upon I I 30 days' Notice for lack of funding or if the City choQses to opt back in to the Metropolitan Council's transit system by written Notice of Termination, If the City terminates this Contract for I lack of funding, the Contractor shall be paid its costs for services satisfactorily performed up to the date of termination as specified in the Notice of Termination, The Contractor shall submit its invoice within 30 days, together with any reports required herein, 10.5, Termination for Failure to Meet Performance Standards, Contractor shall meet the I performance standards set by Metropolitan Council for public transit service, In the event that the Bus Service .c!~~.~.1l.<?5.!!!e.~~.m~.J?~IT<?!.l}1?,I}~~..f}"}~c:u~~~e.s.?,d.<?f:~\e.c!.!:lyJh~..~~\~<?j)~ljta.n..~.Q~I1.~ll...th~...../{ Deleted: Prior Lake Bus Service ) I City may consider such failure to be a default by the Contractor of its obligations under this Contract and initiate termination of its participation in this Contract as provided by Section 10,1 above, 10,6, Termination for Lack of City Ridership. If the City reasonably concludes that the ridership in I the Bus Service .i~.ll}~lJff!~j~oU~.r.rl~rit~()l}tjn.u~9..<?j)~~?tj()O!.~j!Y..rn9.YJ~~f}"}jl1.?!~ its participation in ........{ Deleted: Prior Lake Bus Service ] this Contract upon a Notice of Termination in the same manner as provided for a termination for lack of funding as provided in Section 10.4 above. 10,7, Penalty, 10,7,1 In addition to the provisions and remedies set out in paragraph 10,2, the City reserves the right to assess a penalty equal to the cost to the City of one Transit Vehicle round- trip per occurrence for the breach of any of the following: i DN: 133325 19 ~ ---"_.._-_.~- - 10,7.1.1 Customer Service, The Contractor receives 3 or more substantiated, legitimate Complaints regarding customer service; missed trips; or Transit ] I Vehicle cleanliness in a period of 30 days regarding the .Bus Service,.l.\......"{ Deleted: Prior lake Bus Service missed trip is defined as a trip not actually operated, The City shall not be billed for any missed trips, 10,7.1,2 Maintenance Issues, The Transit Vehicles are unable to be used to I provide .Bus Service.f~r.a.r~y.p.~fj9.~.J~l)_g~r.~~.~~.?__~l?~Ks.~~.~J~.a__(~jll,lf~.t9__.../{ Deleted: Prior lake Bus Service ) maintain the Transit Vehicle in good operational condition, The Contractor fails to put the Transit Vehicle back into service within the 2 weeks I prescribed unless the Contractor proves to the sole satisfaction of the City .' Comment [MRG13]: (What is the that the failure is beyond the control of the Contractor, l__.m_.......hm__.______...... penalty?) 10,7,2 ThJtR~.l)~lt~ set out, in this ParaQraph 10 and its subparts f!l.?Y.9.f?~~.~~i?~~.~Jh~9_~g~h<<.~ Deleted: is l WithhOlding or deduction of payment due to Contractor for services rendered, .... Deleted: y 10,8, Calculation of liquidated DamaQes, Given the nature of the services provided under this Contract, it is extremely difficult to determine the actual amount of damages to the City and the general public from the Contractor's breach, The anticipated harm to the City for loss of use, inconvenience, loss of funding, additional staff time, and the frustration of the City's public goals served by this Contract are immeasurable, I 10.8,1.1 The Contractor and the City agree that the sum of $250,00 (per dav) 1~~.?JU?~.C3__.../ Comment [MRG14]: $250,00 is not reasonable estimation of the damages incurred by the City in the event of a a deterrent. The amount shouid be breach, more, like $2,500,00, I 10,8,1,2 However, if Contractor fails to provide the ~us Service, .the._~~l)~f~C.t.~il!.]:>e__.......{ Deleted: Prior lake Bus Service J terminated without liability to the City, and the Performance Bond shall be forfeited as liquidated damages in accordance with this Paragraph because of such failure, breach or default. 10,9, Effect of Termination, Upon termination of this Contract, the Contractor will only be paid for services performed through the effective date of termination, SECTION 11 MISCELLANEOUS PROVISIONS 11,1, Notices, 11.1,1 Any notice, demand, or communication required or permitted to be given by any provision of this Contract shall be deemed to have been sufficiently given or served if sent by telecopy or facsimile transmission, delivered by messenger or overnight courier, or mailed, certified first class mail, postage prepaid, return receipt requested, I?'l)d a~~!.~~s~9. .?_~. ~l?.t.(qr!~__~.~j9.~,. _ ~~.~h.~()~j~.~. _~~.?Jl.~.~..~ff~~t[~~,. (a) .l( .~.~li.'{~.~~.cl. J~L ...... Comment [MRG15]: What about messenger or by overnight courier, upon actual receipt (or if the date of actual receipt transmission by em ail? is not a business day, upon the next business day); (b) if sent by telecopy or facsimile transmission, upon confirmation of receipt (or if the date of such confirmation of receipt is not a business day, upon the next business day); or (c) if mailed, upon the earlier of three (3) business days after deposit in the mail and the delivery as shown by return receipt therefor, The Contractor or the City may change its address by giving notice in writing of its new address, I 11,1.1,1 If to City of Prior Lake: City Manager DN: 133325 20 I I I I I --- City of Prior Lake I .4646 Dakota Street SE mhhhhhh__hm_hmhhhh_m___------{ Deleted: 16200 Eagle Creek Avenue ] Prior Lake, Minnesota 55372-1714 I A TTN: ,Kellv Meyer _m__hh_hh_hhhhm_hh_hhhh_Wh_---.--{ Deleted: Susan M, Walsh ] 11,1,1.2 With a copy to: City Attorney I Halleland, Lewis, Nilan.A_~~~_fJ?9_fJh_h______hhh_________</ Deleted: , . 600 U,S. Bank Plaza South ----~'::"~~.:- Deleted: Sipkins 220 South Sixth Street Minneapolis, MN 55402-4501 Formatted: Tabs: Not at 1.3" + 1.99" ATTN: Suesan LeM~a_~~h___h_hhh_hh__hh._h___hmh, Deleted: Pillsbury Center South, Suite 600~ 11,1,1.3 If to City of Shakopee: City Administrator .., City of Shakopee Deleted: a Formatted: Indent: Left: 1.3", Shakopee, Minnesota Space After: 0 pt ATTN: Michael Leek 11,1,1.4 With a coPy to: Shakopee City Attorney .Jim Thompson .___________________________;____.__________________._ Deleted: \ J<ennedy & Graven m h _ h _ h m h _. h w_ _ W m _h h h h' w___ 220 South Sixth Street _h_hh_w_hwmhm_hhhhh_h__ ----. Deleted: \ Minneapolis, MN 55402 ' I Deleted: 11,1,1,5 If to Contractor: Schmitty and Sons.Transit,_!flg,_hh___m_hhh_hmhhh__ { - i - 1 21160 Holyoke Avenue ----- Deleted: School Buses I Lakeville, MN 55044 I A TTN: pave Mohr.hh__mhhhh_hm_hh______ hhhh_h__..-----{ Deleted: Todd Telin ] I I 11.1,1.2 With a copy to: Winthrop & Weinsti/:1il.._~,f.~_..___h_____________hhh__hh__</ Deleted: i I 3000 Dain Rauscher Plaza Deleted: en I I 60 South.8ixth Str_e~t..__h____hhhhhhhh_hh_hh__Wh__h_.. Deleted: 6~ I Minneapolis, MN 55402 I ATTN: Mark T, Johnson 11.1,2 Notice of Termination, A Notice of Termination shall be delivered by the method as I set out in Paragraph 11,1,1, This Contract shall be terminated as provided in Section I 10 above, I I 11,1,3 Waiver, Failure of contractor or City ~L~flY..t~rn~_~~._r~~I,l.i!~_[l~r!9_r_rn~I1.~~_~La!!y___------{ Deleted: either party ) provision of this Contract shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision, 11,2, Unavoidable Occurrences, I 11.2,1 The City shall not be responsible for any loss or damage sustained or claimed to be I sustained by the Contractor through the failure of the Contractor to maintain at all I times a timely operating schedule, The Contractor must report all failures to provide I on-time service due to weather, traffic conditions, or naturally occurring disasters within 24 hours of such occurrence, I I ON: 133325 21 I , I \ - - I 11,2.2 Force Maieure, The Contractor shall not be required to operate the Bus Service[r:UhE3h____---{ Deleted: Prior Lake Bus Service ] event of any riot, civil strike or disturbances, closing of streets, roads, routes or bridges where re-routing is impossible, flood, fire or any other cause beyond its control. 11,3, HeadinCls, Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of this Contract, and shall not influence its construction, 111.4. Assianment. This Contract shall not be assignable without the prior written consent of ~ach(;;J!L__----{ Deleted: the ] party hereto, except as provided for in paragraph 11.4.1, Consent by the City shall not be unreasonably withheld, The City reserves the right to consider the character, reputation, experience and financial stability of any proposed assignee_ This Contract shall be binding upon and inure to the benefit of the Contractor's heirs, representatives, successors and assigns, 11.4,1 Subcontractors, The Contractor may subcontract minor non-integral services and functions such as the cleaning and maintenance of the Transit Vehicles_ No portion of /{ Deleted: Prior Lake Bus Service ] I the actual delivery of Bus Service _"ha.lI_b_E?_~l,l_t?~o_ntra_cte_d:_hh__________h_m___h___hh h__w_----- 11,5, Services Not Provided For, No claim for services furnished by the Contractor not specifically I provided for herein shall be ~~YJ~_E?_~jty, unless said services receive prior written authorization _------{ Deleted: honored 1 by the City'_h__ ____h____h__h__ _____hhh_h_h_h____h__hh_ ____ _ _h__h___h______h___h_____h___________h_____________------ { Deleted: _ ] 11,6, Contract Controls. In the event that any provision of this Contract conflicts with any provision in the Contract Documents, this Contract controls, 11,7, Severability_ In the event any provisions of this Contract shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby, 11,8, Entire AQreement. The entire agreement of the parties is contained in the Contract Documents, This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof, 11,9, Governina Law_ This Contract shall be controlled by laws of the State of Minnesota, The words herein and hereof and words of similar import, without reference to any particular section or I subdivision, refer to the Contract Documents as a whole rather than to any particular section or subdivision hereof, 11,10, Amendment to this Contract. This Contract shall be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Contract. 11_11, Execution of Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 11,12, No Third Party Recourse_ Third parties shall have no recourse against the City, SECTION 12 SIGNATURES IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written, DN: 133325 22 --- .--- ----- ------- I .~~~~ _ ~~ _~~~~_~_~~_~~: mU___ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ _ __~_g~~r~~~~~NR~_~Q_~_~ _TRANSIT ,_] ~~: _ _ _ _ m__ _ __ _ _ _ _+;, _ _---{ Deleted: CITY OF PRIOR LAKE~ ] -,- ] \,{ Deleted: SCHOOL BUSES By: "f Formatted: Left 1 I .Jack G, Hauqent_ryJ~Y~r___u__________________________f?)': mm_____ { I d ] Its: --- De ete : Wesley M, Mader By: Frank Boyles, City Manager By: Its: CITY OF SHAKOPEE: By: . Mayor By: Mark McNeill. City Administrator STATE OF MINNESOTA ) )ss, COUNTY OF SCOTT ) I The foregoing instrument was acknowledged before me this _ day of , 200.L~L__----{ Deleted: 1 ] ...jack G, Haugen 9_n_cj_fr~f)_~__f?~y_I~~,.!.~~r:>_~~~iX~ly..t~~_IYl?Y9_~_9_f)~_9ty__ryJ~r1-,?g~~_9.U~~_f_IJX__9.f__~R!q-,~________{ Deleted: Wesley M, Mader ] LAKE, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foreqoinq instrument was acknowledqed before me this day of , 2007 by and Mark McNeill, respectively the Mayor and City Administrator of the CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority qranted by its City Council. Notary Public i DN: 133325 23 I I I ! STATE OF MINNESOTA ) I )ss, COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of I 2001 by and , respectively the I I and of SCHMITTY AND SONS.TRANSIT,-'Nc:;,,~_<?_~j!1~_E?~QJ~_~_<?fRQ_r<?!!9_n:_u__-__--f Deleted: SCHOOL BUSES ] I I Notary Public I Attachments: I . The Request for Bids dated May 29, 2001 (incorporated herein as Exhibit A) I . The Addendum No_ 1 to Request for Bids dated June 13, 2001 (incorporated herein as Exhibit B) I . The City's Advertisement for Bids published on June 16, 2001 and June 23, 2001 in the Prior Lake American (incorporated herein as Exhibit C) ! . The bid submitted by Contractor on June 27, 2001 (incorporated herein as Exhibit 0) I . .I~_E?_ P. ~rt9!_rn ?_D_q~_ .E?_<?!19~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ _ _ _ _ _ - - - _ _ _ _ _ _ - _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ - - _ - _ _ _ _ _ -- - - - - -- Deleted: <#> The Vehicle Quotation . The Certificate(s) of Insurance for BlueBird L TC-37 (incorporated I herein as Exhibit E) 11 <#>Information relating to the Transit Vehicles and detail sheet is set out in I APPROVED AS TO FORM AND EXECUTION: 4, Exhibit F,1I Formatted: Centered, Don't keep I 4, with next, Don't keep lines together 4\\:",' Formatted: Left, Don't keep with Suesan Lea Pace Jim Thompson next, Don't keep lines together Prior Lake City Attorney Shakopee City Attorney Formatted: Tabs: 3,44", Left + Not 4, at 0.38" Formatted Table Formatted: Left, Don't keep with next, Don't keep lines together I I I I DN: 133325 24 I I I I I I I I -~- - -- - --- Page 16: [1] Deleted KellyM 3/29/200712:45:00 PM in the Contractor's Bid submitted June 27, 2001 and incorporated herein as Exhibit D Page 16: [2] Change KellyM 4/11/20076:56:00 PM Formatted Bullets and Numbering Page 16: [3] Deleted KellyM 3/29/2007 12:45:00 PM In year 1, the operating costs are $228 per Transit Vehicle per one-way trip, for an estimated total of 506 trips. ! In year 2, the operating costs are $240 per Transit Vehicle per one-way I trip, for an estimated total of 506 trips. In year 3, the operating costs are $252 per Transit Vehicle per one-way I trip, for an estimated total of 506 trips. \ Page 16: [4] Formatted KellyM 3/29/2007 12:51:00 PM I Centered, Right: 0", Space After: 0 pt I Page 16: [5] Formatted KellyM 3/29/2007 1:08:00 PM Font: g pt I Page 16: [6] Formatted Kelly M 3/29/2007 1:08:00 PM 1 Font: 9 pt I Page 16: [7] Formatted KellyM 3/29/2007 1:08:00 PM I Font: g pt I Page 16: [8] Formatted KellyM 3/29/2007 1:08:00 PM Font: g pt Page 16: [9] Formatted KellyM 3/29/2007 1:08:00 PM Font: Arial Narrow, g pt Page 16: [10] Formatted KellyM 3/29/200712:51:00 PM Centered, Right: 0", Space After: 0 pt Page 16: [11] Change KellyM 3/29/20074:28:00 PM Formatted Table Page 16: [12] Formatted KellyM 3/29/2007 1:08:00 PM Font: Arial Narrow, g pt Page 16: [13] Formatted KellyM 3/29/2007 1:08:00 PM Font: Arial Narrow, g pt Page 16: [14] Formatted KellyM 3/29/2007 1:08:00 PM Font: Arial Narrow, g pt Page 16: [15] Formatted KellyM 3/29/2007 1:08:00 PM Font: Arial Narrow, g pt Page 16: [16] Formatted KellyM 3/29/20071:08:00 PM Font: Arial Narrow, g pt Page 16: [17] Formatted KellyM 3/29/2007 1:08:00 PM Font: Arial Narrow, g pt Page 16: [18] Formatted KellyM 3/29/2007 12:50:00 PM Right: 0", Space After: 0 pt ~ ---- --- -~-- Page 16: [19] Formatted KellyM 3/29/2007 1:09:00 PM I Centered, Right: 0", Space After: 0 pt Page 16: [20] Formatted KellyM 3/29/2007 12:46:00 PM I Font: Arial Narrow I Page 16: [21] Formatted Kelly M 3/29/2007 12:46:00 PM Font: Arial Narrow I Page 16: [22] Formatted KellyM 3/29/2007 12:46:00 PM I Font: Arial Narrow I Page 16: [23] Formatted KellyM 3/29/2007 12:46:00 PM Font: Arial Narrow I Page 16: [24] Formatted KellyM 3/29/2007 12:46:00 PM I Font: Arial Narrow Page 16: [25] Formatted Kelly M 3/29/200712:46:00 PM \ Font: Arial Narrow I Page 16: [26] Formatted KellyM 3/29/200712:46:00 PM Font: Aria' Narrow I ] Page 16: [27] Formatted KellyM 3/29/2007 12:50:00 PM Right: 0", Space After: 0 pt Page 16: [28] Formatted KellyM 3/29/2007 1:09:00 PM Centered, Right: 0", Space After: 0 pt Page 16: [29] Formatted KellyM 3/29/200712:46:00 PM Font: Arial Narrow Page 16: [30] Formatted KellyM 3/29/200712:46:00 PM Font: Arial Narrow Page 16: [31] Formatted KellyM 3/29/2007 12:46:00 PM Font: Arial Narrow Page 16: [32] Formatted KellyM 3/29/200712:46:00 PM Font: Arial Narrow Page 16: [33] Formatted Kelly M 3/29/200712:46:00 PM Font: Arial Narrow Page 16: [34] Formatted KellyM 3/29/2007 12:46:00 PM Font: Arial Narrow Page 16: [35] Formatted KellyM 3/29/20074:26:00 PM Font: Arial Narrow, Italic Page 16: [36] Formatted KellyM 3/29/2007 12:46:00 PM Indent: Left: 1" Page 16: [37] Change KellyM 4/11/20075:20:00 PM Formatted Bullets and Numbering ! I - - ,- -- - --- Shakopee Transit/Blue Xpress Bus Service Contract · Contractor: Schmitty & Sons · Duration of Contract: 3 years, subject to termination . . provIsIons. · Hours of Service: - Monday-Friday; - 6:00 a.m. to 9:00 a.m. (5 runs) - 3:00 p.m. to 6:00 p.m. (5 runs) · Charges in Year One: - $195.00/bus/day pull out charge; - $70.00 per hour - Rates would escalate as found on page 16 of the agreement. - -- -_._-~._----~---- --_.__._._~- .__..--~_._---._--