HomeMy WebLinkAbout10D - Award Laker Lines Bus Service Bid
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
June 4, 2007
10D
Kelly Meyer, Assistant City Manager
CONSIDER APPROVAL OF A RESOLUTION AWARDING BID FOR OPERATION OF
LAKER LINES BUS SERVICE AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A MODIFIED VERSION OF THE CITY'S STANDARD CONTRACT.
Introduction
The purpose of this agenda item is to consider bid proposals received for operation of the
Laker Lines bus service, and award a contract accordingly.
History
In 2001, the City opted out of the Minnesota Valley Transit Authority in order to operate
transit services that were more directly beneficial to Prior Lake residents. In July 2001,
after receiving two bids, the City Council awarded the contract to Schmitty & Sons School
Buses, Inc. Schmitty & Sons has effectively provided the Laker Lines service over the
past five years.
The service has grown over the past five years. Initially the City offered two express
routes to Downtown Minneapolis from the Colorado Street park & ride utilizing the 35W
corridor. In April 2006, as a result of the recommendations of the Unified Transit
Management Plan, the park & ride moved from Downtown Prior Lake to Shepherd of the
Lake Church, the route changed to utilize the 169 corridor, and the City added an
additional express trip to Downtown Minneapolis in both the morning and evening. The
City is presently working with neighboring communities to partner to provide even greater
transit facilities and options for Scott County commuters.
Current Circumstances
The initial contract term with Schmitty & Sons is now expired. On May 7,2007, the City
Council approved the solicitation of bids for a new contract. Staff published the bid notice
in the Prior Lake American and the Construction Bulletin. We also mailed the Request for
Bids to 33 different transit providers who either currently operate transit service in the
Minneapolis/St. Paul metro area, or have operated service in the region in the past.
The City issued one Addendum to the Request for Bids as a result of questions submitted
by three potential bidders. The City received three bids from Schmitty & Sons, Inc., Metro
Transit, and Laidlaw Transit, respectively. On May 30, 2007 at 3pm we conducted the bid
opening. In attendance were City staff, Troy Beam of Scott County Transit, and Schmitty
& Sons Transit, Inc. representatives.
www.cityofpriorlake.com
Phbh~ 952.447.9800 / Fax 952.447.4245
Conclusion
The Council should consider each of the bids submitted, and award the contract as
deemed appropriate. Because of the volume of material submitted, I have not distributed
the full bid packet submittals. If Councilors wish to review the bid submittals, I have them
available at City Hall.
ISSUES:
Rate Calculation: During the existing contract, the City has paid for service on a lump
sum cost per trip. ($262/trip x 6 trips per day x 22 days per month = $34,584). We also pay
for fuel over and above the existing fuel cap rate that equates to an average of $1100 per
month.
In an attempt get better costs while increasing our flexibility to add routes in a manner that
is affordable (especially as we approach the opening of the new South bridge Crossings
transit station), the Request for Bids required bidders to submit an hourly rate that covered
their operating costs, and a pull-out rate that covered the costs for putting the buses in
service each day. These costs typically include items such as insurance, administrative
fees, and training, for example. Below is an example of how this rate structure works
assuming a $100 pull-out rate, and an hourly rate of $10.
For four morning routes, using 3 buses
3 pull-out charges x $100 = $300.00
4 trips x 2.25hrs/trip x 10 = $ 90.00
Total for morning service = $390.00
For three evening routes, using 3 buses
3 trips x 2.25/trip x 10 = $ 67.50**
Total for Day = $457.50
**A second pull-out rate is not paid since the same bus alreadv pulled-out once for the
morning route. One pull-out rate charged per bus per day.
Bidders were asked to bid an hourly rate and a pull-out rate. They were also asked to
use those rates to calculate the costs per trip and costs per day based upon a hypothetical
scenario and their own determination of the route time. The purpose of this calculation
was to assure that bidders understood the rate structure proposed. What staff found in
these calculations was that each bidder had a very different concept of the route time.
Therefore the trip rate and rate per day totals are not apple-to-apples comparisons. Also,
in two of the cases staff could not determine how the bidders arrived at their trip rate or
daily rate using the hourly and pull-out rates bid. It did crystallize for staff that the contract
would need to identify the actual trip time which is 2.25 hours.
We received three bids. Below are the hourly rate and pull-out rates quoted for Year 1 of
the contract. Staff has also calculated the morning trip rate and potential additional fuel
cost exposure (using the cost of diesel fuel on 5/31/07 and the City's gallons used per
bus) in order to demonstrate the actual costs to the City. Also included in the table below
is the percentage increase proposed by each bidder for Year 2 and Year 3 of the contract.
Schmittv & Sons Metro Transit Laidlaw Transit
Hourly Rate 68.00 58.69* 74.71
Pull-Out Rate 125.70 147.94 207.82
Cost per morning trip (using
route time of 2.25 hrs.) 278.70 279.99 $375.92
Fuel Cap Bid $3.00 $2.36 $2.90
Potential Fuel Adj. per trip
(assuming 12.21 gallons
used, and a fuel cost of $3 per 0 $7.81** $1.22
Qallon)
Total Cost per morninQ trip $278.70 $287.80 $377.14
% increase per year 3% 3.2% 5%
*Metro Transit provided an hourly rate of $58. 69/hr. but also included a provision
that an additional $13/hr would be charged if any route additions were made
without 120 days advance notice. This would not only bring their hourly rate to
$71.69, it also provides the City much less flexibility in responding to service
needs with less than three months notice.
**Metro Transit is the largest buyer of diesel in Minnesota. As such, they likely
have a lower cost for fuel than the private providers. They did not provide their
cost for fuel. Our calculation could be inflated in their respect as we used retail
cost for fuel.
$1,834.00
$1,448.10
Other Bid Considerations
There are a number of other bid items for the Council to consider in its selection.
Metro Transit noted 6 exceptions to the City's Request for Bids; Laidlaw 1
exception, and Schmitty & Sons no exceptions. The most critical
exceptions were, in Metro Transit's case, a lesser standard for the
criminal backgrounds of drivers, and a lesser standard for drivers to notify
their employer of felony convictions or serious traffic violation. In the
case of Laidlaw, the exception was an additional charge of $14,777.16
for start up costs.
Schmitty & Sons is a local company, Metro Transit a regional one, and
Laidlaw a national company.
As part of the City's continuing efforts to provide a high level of customer
service, Schmitty & Sons would operate a "stand alone" Laker Lines
service, while operations through Metro Transit would likely cause a loss
of Laker Lines service efforts and identity in favor of a more regional
perspective.
2030 VISION &
STRATEGIC PLAN
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
Schmitty & Sons has an established relationship with the City and its
customers, and has the most experience providing service in Scott
County.
Metro Transit provides less flexibility in changing service routes without
additional cost.
Schmitty & Sons was the only bidder to attend the bid opening which may
be an indication of service effort.
Although Metro Transit provides contract services to Maple Grove,
MVT A, and Minneapolis Airports Commission, 90% of their focus is
providing metro area regular route service, rather than contract service.
Laidlaw provides DriveCam technology.
Laidlaw donates driver/staff time to some community events.
Staff is recommending the award of the contract to Schmitty & Sons Transit, Inc. This bid
award is responsive to the City's 2030 Vision and Strategic Plan in that:
1. provides the City the most flexibility to add routes economically and therefore
facilitates greater opportunities for improved readv access to transit.. ..keeo(ingJ
residents within easv reach of..... Twin Cities area.
2. promotes "small town feel" by using a local company and having same drivers for
each route daily.
3. Imolements efficient exoenditure reduction while providing an increased level of
service. "Maximum value for lowest reasonable expenditure."
4. Allows continued aggressive oromotion of Laker Lines transit services....
Funding for this contract is provided in the Transit Operating Budget, which is funded
solely through opt-out funding received from the Metropolitan Council's portion of motor
vehicle sales tax. There is no tax or general fund budget impact of this contract.
1. Motion and second to adopt Resolution 07-XX awarding bid to Schmitty & Sons
Transit, Inc. and authorizing the Mayor and City Manager to enter into a modified
version of the City's standard contract as approved by the City Attorney.
2. Take no action and direct staff accordingly.
Alternative 1.
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RESOLUTION 07 -XX
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
A RESOLUTION AWARDING BID FOR OPERATION OF LAKER LINES
BUS SERVICE TO SCHMITTY & SONS TRANSIT, INC.
AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
ENTER INTO A MODIFIED VERSION OF THE CITY'S STANDARD CONTRACT
Motion By:
Second By:
WHEREAS, the City Council authorized the solicitation of bids for Prior Lake Bus Service; and
WHEREAS, a public notice was published as required by Statute and the bid opening was conducted
on May 30,2007, at 3:00 p.m.; and
W
HEREAS, the bids were received, opened and tabulated accordinQ to law as follows; and
Year 1 Year 2 Year 3
Hourlv Pull-Out Hourlv Pull-Out Hourlv Pull-Out Fuel Cap Bid Annual % inc.
Schmitty & Sons $68.00 $125.70 70.04 129.47 72.14 133.36 $3.00 3%
Transit, Inc.
Metro Transit 58.69* 147.94 60.62* 152.81 62.69* 158.02 $2.36 3.2%
Laidlaw Transit 74.71 207.82 78.59 215.31 82.52 223.13 $2.90 5%
*Metro Transit requires an additional $13/hour for service additions with less than 120 days notice.
WHEREAS, staff evaluated the bids received based on the evaluation criteria and process described in
the Request for Bids; and
WHEREAS, Schmitty & Sons Transit, Inc. appears to be the lowest responsible bidder that best meets
the objectives of the City's 2030 Vision and Strategic Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA
that:
1. The recitals set forth above are incorporated herein;
2. The City Council hereby accepts the bids received on May 30, 2007, and awards the contract to
Schmitty & Sons Transit, Inc., subject to entering into a modified version of the City's standard
contract.
3. The Mayor and City Manager are hereby authorized to enter into a modified version of the City's
City's standard contract for bus service with Schmitty & Sons Transit, Inc. according to the terms
and conditions of the Request for Bids, and as acceptable to the City Attorney.
Haugen Hauaen
Erickson Erickson
Hedberg Hedbera
LeMair LeMair
Millar Millar
PASSED AND ADOPTED THIS 4TH DAY OF JUNE, 2007.
YES NO
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
CONTRACT To PROVIDE Bus SERVICE
THIS CONTRACT To PROVIDE Bus SERVICE (hereinafter "Contract'; is entered into this day
of May, 2007 by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation
(hereinafter "Prior Lake") and " a Minnesota corporation (hereinafter
"Contractor") .
Whereas,
Whereas,
Whereas,
Whereas,
RECITALS
on May 8, 2007, the City of Prior Lake issued Request for Bids to provide round-trip
commuter transit services from Prior Lake to downtown Minneapolis for Prior Lake Laker
Lines Bus Service; and
on May 22, 2007, the City of Prior Lake issued Addendum No.1, which addressed the
questions raised by the potential bidders; the addendum was mailed to every company
that was sent or requested a bid package; and
after evaluation of the bids received, the Transit Evaluation Committee and Prior Lake City
staff recommended that the Prior Lake City Council award the bid to
.; 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
at its June 4, 2007 City Council meeting the Prior Lake City Council awarded the contract
for the Bus Service to Contractor by Resolution No. 07-_ subject to entering into this
Contract; and
Now, Therefore, the City of Prior Lake,iB'1' = Itrer al.l)1 . ~ and the Contractor, pursuant to the mutual
promises and covenants set forth herein, the sufficiency of which is not disputed, hereby enter into this
Contract for Bus Service.
SECTION 1
DEFINITIONS
The following terms shall be defined as follows:
1.1 Addendum No. 1 to Reauest for Bids. "Addendum No. 1 to Request for Bids" as set out in
Exhibit B.
1.2 Advertisement for Bids. "Advertisement for Bids" as set out in Exhibit C.
1.3 Affirmative Action Policy. "Affirmative Action Policy" as set out in Paragraph 6.1.
1.4 Bid. "Bid" as set out in Exhibit D.
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1.5 Certificate of Insurance. "Certificate of Insurance" as set out in Paragraph 7.1.
1.6 City. "City" shall refer to City of Prior Lake, Minnesota
1.7 City Attorney. "City Attorney" shall refer to Prior Lake City Attorney, Suesan Lea Pace, Esq. at
Halleland, Lewis, Nilan, Sipkins & Johnson, 600 Pillsbury Center South, 220 South Sixth Street,
Minneapolis, Minnesota 55454;
1.8 City's Authorized Representative. "City's Authorized Representative" for Prior Lake is Kelly
Meyer, Assistant City Manager of the City of Prior Lake, or other persons who may from time to
time be designated by the Prior Lake City Manager.
1.9 Contract. "Contract" as defined in the preamble.
1.10 Contract Documents. "Contract Documents" as defined in Section 3.
1.11 Contractor. "Contractor" means
1.12 Daily Inspection Report. "Daily Inspection Report" is a log that indicates that the items listed in
Paragraph 8.12.11 were inspected and the results of such inspection.
1.13 Incident. "Incident" as defined in Paragraph 7.5.1.
1.14 Loaned Capital Eauipment. "Loaned Capital Equipment" is an alternate transit vehicle,
provided by the Contractor to substitute for any Transit Vehicle that cannot provide Bus Service.
1.15 Monthly Reports. "Monthly Reports" are those reports required to be submitted by the
Contractor with its invoice as set out in Paragraph 9.2.
1.16 Notice. "Notice" as set out in Paragraph 11.1.
1.17 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.
1.19 Bus Service. "Bus Service" is the round-trip commuter transit services originating from the City
of Prior Lake to the Downtown Minneapolis I St. Paul Metropolitan area.
1.20 Proiect Manaaer. "Project Manager" is the designated employee of
responsible for all aspects of the Bus Service.
1.21 Public Works Garaae. "Public Works Garage" is the City of Prior Lake's Public Works
Department garage located at 17073 Adelmann Street, Prior Lake, Minnesota.
who is
1.22 Recitals. "Recitals" as defined in Section 2.
1.23 Reauest for Bids. "Request for Bids" as set out in Exhibit A.
1.24 Transit Vehicles. "Transit Vehicles" are any transit vehicles, owned by the Metropolitan Council
and leased to the City of Prior Lake for the purposes of providing Bus Service.
1.25 Vehicle Record File. "Vehicle Record File" is a file that contains the information set out in
Paragraph 9.8.
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SECTION 2
RECITALS
The Recitals set forth above are incorporated herein as if fully set forth herein.
SECTION 3
CONTRACT AND CONTRACT DOCUMENTS
The following documents attached hereto and incorporated herein shall be referred to as the "Contract
Documents" all of which shall be taken together as a whole as the agreement between the parties as if
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 8, 2007 (incorporated herein as Exhibit A)
· The Addendum No. 1 to Request for Bids dated May 22, 2007 (incorporated herein
as Exhibit B)
· The City's Advertisement for Bids published on May 12, 2007 and May 19, 2007in
the Prior Lake American (incorporated herein as Exhibit C)
· The bid submitted by Contractor on May 30, 2007 (incorporated herein as Exhibit D)
· The Performance Bond
· The Certificate(s) of Insurance
· This Contract
SECTION 4
EFFECTIVE DATE AND TERM
This Contract is effective as of the date set forth above. Contractor shall provide Bus Service
commencing on May 1. 2007 for a three-year period expirinQ April 30. 2010, unless otherwise
terminated or extended pursuant to the provisions of this Contract. This Contract may be extended
by the City for an additional three-year period, to April 30, 2013; provided the City and the
Contractor mutually agree upon the operating cost reimbursement rates (see Section 9.1.1 below)
to be paid to the Contractor during such period.
SECTION 5
REQUIREMENTS FOR OPERATION OF BUS SERVICE
5.1. General Reauirements. The Contractor shall provide all necessary personnel, expertise,
equipment and facilities that may be needed to provide Bus Service; provided the City shall
acquire the Transit Vehicles at its sole cost and expense.
5.2. Performance Bond. The Contractor shall execute and deliver to the City of Prior Lake a
Performance Bond in a form and substance satisfactory to the Prior Lake City Attorney in an
amount equivalent to 5% of the annual value of the portion of the Contract with the City of Prior
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.
5.3. Coordination of Services. The Bus Service is to be a part of a region-wide transit service. The
Contractor shall participate in regional transit planning activities as reasonably requested by the
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City and as required by the Metropolitan Council. It is anticipated that the Contractor shall spend
approximately 8 hours per month of staff time on regional transit planning activities.
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. - 9:00 a.m.), a minimum of 3
trips shall be operated from Prior Lake to the downtown Minneapolis metropolitan area, or such
other route and destination as required by the City and agreed to by the Contractor; and in the
afternoon rush-hour period (3:00 p.m. - 6:00 p.m.) a minimum of 3 trips shall be operated from
the downtown Minneapolis metropolitan area, or such other route and destination as required by
the City and agreed to by the Contractor, to Prior Lake. The City shall establish the schedule and
stops with the participation of the Contractor.
5.5. The City reserves the right to adjust the routes as well as pickup and drop-off times and locations,
with Notice; provided all pickup and drop-off locations must be along the route between Prior
Lake and downtown Minneapolis, unless mutually agreed to in writing by the City and the
Contractor.
5.6. Davs of Service. The Bus Service shall operate Monday through Friday. Bus Service shall not be
provided on the following national holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.
5.6.1. Service may be reduced or eliminated on the following days by mutual agreement
between the Contractor and the City:
5.6.1.1. 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;
5.6.1.2. If Independence Day, Christmas Day or New Year's Day falls on Thursday,
then the Friday following the holiday may qualify for reduced or eliminated
service; and
5.6.1.3. The Friday following Thanksgiving may qualify for reduced or eliminated
service.
5.6.2. Service may be reduced or eliminated by mutual agreement between the City and the
Contractor during periods of adverse weather conditions, such as periods of snow or ice.
5.7. Service Area. The City reserves the right to expand or reduce the service area. The terms of
such expansion of service shall be mutually agreed upon by Contractor and the City.
5.8. 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.
5.9. Facilities, Telephone and Other Eauipment.
5.9.1. The Contractor shall provide facilities, equipment, supplies and manpower sufficient to
deliver the Bus Service, including, but not limited to: facilities for driver and other field staff
daily assignments; Transit Vehicle inspections and reporting activities; Transit Vehicle
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maintenance; scheduling and dispatch activities; service communication system;
telephone equipment; and facsimile (FAX) machine.
5.9.2. The Contractor shall provide sufficient staff and customer service 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
the caller has reached the Laker Lines customer service line.
5.9.2.1. Weather. If the Contractor and City agree to suspend the Bus Service due to
adverse weather conditions as set out in Paragraph 5.5.2, the Contractor shall
identify to the callers during the period of suspended service, that the Bus
Service has been suspended due to adverse weather.
5.9.2.2. Complaints.
5.9.2.2.1. All complaints received by the Contractor shall be reported in writing to
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
Contractor. This information required by the Metropolitan Council must
be provided on the form, if any, provided by the Metropolitan Council.
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.
5.9.2.2.2. The Contractor must refer all callers with a complaint or a
commendation regarding the Bus Service to the City's Authorized
Representative.
5.9.3. 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.
5.9.4. The Contractor shall maintain an accurate clock or watch in clear sight of the driver in the
Transit Vehicles.
5.10. 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
maintaining the service communication system and shall have all necessary or required by
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
associated with providing the service communications system.
5.11. Staff. The Contractor shall provide adequate staff and personnel to provide the Bus Service.
5.11.1. Drua 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
employees in safety-sensitive transportation positions. The Contractor shall be
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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
regulation change during the term of the Contract period, the Contractor shall be required
to conform to the new requirements.
5.11.2. A Contractor shall annually provide the City with a signed copy of the Contractor's most
current Federal Transit Administration drug and alcohol policy.
5.11.3. Contractor shall prohibit smoking, eating or drinking in the Transit Vehicle.
5.11.4. Contractor shall require its drivers to present a neat and clean appearance and wear a
clean and pressed driver uniform. The Contractor shall submit proposed uniforms for the
approval of the City, which approval will not be unreasonably withheld, conditioned or
delayed.
5.12. Drivers. Contractor shall provide drivers to operate the Transit Vehicles with the following
minimum standards:
5.12.1. Drivers must have appropriate and valid Minnesota State Driver's License as well as any
other licenses or permits required by law to operate the Transit Vehicles.
5.12.2. Contractor must conduct a criminal history check and Department of Licensing
commercial and personal driving record check of each Driver as required herein.
5.12.2.1. A driver shall never have been convicted of a felony offense involving theft,
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.
5.12.2.2. A driver shall never have been convicted of a serious traffic violation within the
past 3 years, including but not limited to any of the following violations: (a)
driving under the influence of alcohol or drugs; (b) driving with a greater than
the legal blood alcohol level as 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
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.
5.12.3. 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
Bus Service upon receiving notification from the driver.
5.12.4. Be knowledgeable about the primary service region and be familiar with the service area
covered by the Bus Service.
5.12.5. Be capable of operating the lift and tie-down equipment and be knowledgeable and able
to properly perform securing procedures, solely as they relate to the transportation of
passengers with mobility-assisting devices, such as wheelchairs or motorized scooters.
5.12.6. Be able to use the service communication system and use standard radio protocols.
5.12.7. Be able to collect fares in accordance with the City's fare structure.
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5.12.8. Be able to clearly communicate information essential to the assistance and transport of
passengers.
5.13. Driver Trainina. 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.
5.14. Proiect Manaaer. The Contractor shall provide a Project Manager, housed at Contractor's
facility, who shall oversee the proper operation of the Bus Service. Dave Mohr shall be the
Contractor's Project Manager. If the Project Manager is replaced, the City must approve the new
Project Manager, which approval will not be unreasonably withheld, conditioned or delayed.
5.14.1. A Project Manager shall be assigned to oversee the Bus Service for no less than 1 year at
a time. If the Project Manager is reassigned prior to the end of this 1-year commitment,
shall be the Project Manager for the remainder of that 1 year term; otherwise,
the Contractor shall be liable to and pay to each City a penalty in the amount of
$3,750.00. This provision does not apply if the Project Manager resigns from the
Contractor.
5.14.1.1. In the absence of the Project Manager, another designated senior
management person reasonably acceptable to the City shall be responsible for
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.
5.14.2. The Contractor's Project Manager shall provide supervision of all personnel associated
with the Bus Service and shall manage the Bus Service account and operation records.
The Project Manager shall also be responsible for establishing and maintaining the level
of customer service required by the City.
5.14.3. 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
of each such meeting. Electronic notices are permissible.
5.14.4. The Project Manager shall provide technical information to prepare the 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
The City of Prior Lake and City of Shakopee acknowledge that equal opportunity for
all persons is a fundamental human value. Consequently, it is the policy of each City
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
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promotional opportunities without discrimination because of race, color, creed,
religion, national origin, sex, age, marital status, affectional preference, public
assistance status, handicap or disability; and to otherwise promote full realization of
human rights with each City to the extent permitted by law. To implement this policy,
each City requires that every person making application for, currently employed by,
or applying for future vacancies in the employ of City will be considered on the basis
of individual ability and merit, without discrimination or favor.
In furtherance of this policy, each City establishes an affirmative action plan,
providing for and assuring fair and equitable treatment in all phases of public
employment, including selection, compensation, benefits, training opportunities,
promotions, transfers, layoffs and other terms, conditions and privileges of
employment. The concept of this affirmative action policy is consistent and
fundamental to the maintenance of effective equal opportunity
6.2. Non-Discrimination. The Contractor agrees to abide by all provisions of Minn. Stat. Section
181.59, as may be amended or recodified from time to time, entitled Discrimination on Account of
Race, Creed, or Color Prohibited in Contract, and the provisions of Minn. Stat. Section 363.03, as
may be amended or recodified from time to time, entitled Unfair Discriminatory Practices.
6.3. Americans with Disabilities Act and Minnesota Human Riahts Act. The Contractor shall not
discriminate against any qualified persons with a disability who is an employee or applicant for
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,
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
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
Human Rights Act, both as may be amended from time to time or recodified.
SECTION 7
INSURANCE. INDEMNIFICATION AND LIABILITY
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 arising under the Contract Documents. The Contractor shall evaluate its own risks
ON: 133325
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and, if it deems appropriate and/or prudent, it is solely the Contractor's decision to maintain
greater limits and/or broader coverage.
7.1.1 General Liabilitv
· Bodily injury liability insurance affording limits of $2,000,000 each occurrence,
$2,000,000 aggregate, for bodily injury or death suffered or alleged to have been
suffered by any person or persons by reason or arising out of any provision or
responsibility required as a condition of the Contract Documents.
· Property damage liability affording limits of $2,000,000 each occurrence and
$2,000,000 aggregate for damages to property suffered or alleged to have been
suffered by any persons(s) by reason or arising out of any provision or responsibility
required as a condition of the Contract Documents.
· If such insurance is written on a combined single limit (CSL) basis, the limit of liability
required is $2,000,000 per occurrence, $2,000,000 aggregate, CSL.
7.1.2 Automobile Liabilitv
· Automobile liability insurance with a combined single limit of $5,000,000. Obtaining a
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.
· Each City shall be included as an additional insured with respect to the automobile
liability and comprehensive and collision insurance.
· Deductibles shall not exceed $5,000 per occurrence.
· 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.
DN: 133325
· 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.
· The Contractor shall provide a Certificate of Insurance in a form acceptable to the City
as verification of compliance with this Section at least 30 days before the
commencement of the Bus Service, and 60 days before any contemplated renewal or
change in coverage. With respect to the interests of the City, such insurance shall
provide that it may not be cancelled, reduced in coverage or limits, or non-renewed
9
without providing the City of Prior Lake with 30 days' written Notice. The evidence of
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
Certificate of Insurance is on file with the City of Prior Lake.
· The City reserves 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
paid by the City. All insurance requirements, forms and certificates shall be subject to
the approval of the respective City's City Attorney, risk assessor or any other party
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.
7.2. Indemnification. The Contractor shall defend, indemnify and hold harmless Prior Lake and
Shakopee and their respective City Councils, officers, agents, employees, attorneys and joint
powers entities from and against any and all claims, causes of action, judgments, liability, losses,
costs, expenses and damages (including but not limited to reasonable attorneys' fees) arising out
of or in connection with negligent acts or omissions by the Contractor in providing Prior Lake and
Shakopee, their respective Bus Service.
7.3. Worker's Compensation. The Contractor and its subcontractors shall maintain workers'
compensation insurance for all persons performing services under this Contract in form and limits
as required by state and federal statutes. The Contractor and its subcontractors shall also
maintain employer's liability insurance in an amount, in a form and with a company reasonably
satisfactory to the City for the benefit of all employees not protected by worker's compensation
laws.
7.4. Independent Contractor. Contractor and the City agree that the personnel engaged in providing
services under this Contract shall be and remain employees of Contractor, and that those
personnel shall not be considered employees of the City. Contractor agrees that the City shall
not be liable for claims asserted by those personnel for discrimination, alleged unlawful
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
violation of any other principle of common law or action brought under any equity principle of
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 a vehicle and/or property damage,
personal or real, which prevents a Transit Vehicle from proceeding in service
operation;
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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
resulting from operation of a Transit Vehicle; or
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 City's Authorized Representative a written report detailing each
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. Deliverv. The Transit Vehicles shall at all times be owned by the City, unless the City chooses, in
its sole discretion, at some time in the future to transfer its ownership interest in the Transit
Vehicles; provided the Contractor is under no obligation to acquire the Transit Vehicles from the
City.
8.3. Loaned Capital Eauipment.
8.3.1 If a Transit Vehicle is inoperable or out of service for maintenance work and a City
provided spare bus is not available, Contractor shall provide Loaned Capital Equipment to
mitigate any disruption in Bus Service. The City shall pay Contractor on a per trip basis for
Loaned Capital Equipment. The usage rate for Loaned Capital Equipment per trip is
$64.00. In the event of a breakdown, accident or malfunction of a Transit Vehicle during
in-service time, Loaned Capital Equipment shall generally be put into service no later than
30 minutes, but no longer than 60 minutes following the breakdown.
8.3.2 The Contractor shall provide city oral Notice of its use of any Loaned Capital Equipment.
8.3.3 Loaned Capital Equipment shall be the equivalent or better than the Transit Vehicles
provided by the City.
8.4. 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
used to provide other transportation services, as needed or requested by the City; provided the
City must use the Contractor and give the Contractor 15 days' Notice.
8.5. Return of Transit Vehicles to the City. Unless otherwise directed by the City, the Contractor
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.
DN: 133325
11
The Transit Vehicle shall be returned in good operating condition, excepting normal wear and
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.
8.7. Fare Collection Boxes. The Metropolitan Council will provide the City with fare boxes for the
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
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
any federal, state or local agency having jurisdiction over matters dealing with the Bus
Service, and with due regard for the safety, comfort and convenience of passengers and
the general public as well as to minimize breakdowns and malfunctions.
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
the storage and servicing of the Transit Vehicles or Loaned Capital Equipment.
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
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
maintain storage of and provide lubricants, repair parts, and supplies required for
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
parts inventory shall remain the property of the Contractor upon completion of the
term or termination of this Contract.
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8.8.4.3 Safety Equipment: The Contractor shall be responsible for replacement of all
safety equipment including 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
a repair or replacement part shall bear the cost of single part replacement only for
12
those parts that exceed $750.000 in cost. If the Contractor recommends either
repair or replacement of a component or group of components that are no longer
operational, have exceeded their useful life, or for which there is an ongoing
pattern of concern, such recommendation must be in writing and include a
minimum of three (3) quotes, consistent with the City of Prior Lake's purchasing
policy, from authorized vendors certified to repair and/or rebuild Transit Vehicles.
The written recommendation must also outline the warranty provided for the parts
and labor. All engine and transmission repairs and rebuilds that exceed the
$750.00 threshold will be billed to the respective City for parts and labor. Written
authorization to proceed with the repair or replacement must be obtained from the
respective City before the Contractor undertakes any repair in excess of the
$750.00 threshold.
8.8.4.5 Mid-Life ReBuild: Contractor shall make recommendations in writing to the
respective City when a Transit Vehicle should undergo a mid-life rebuild. The
written recommendation shall include a description of the work to be completed,
including parts and labor, and a minimum of three (3) quotes for the work
consistent with the City of Prior Lake purchasing policy. The respective City must
authorize any mid-life rebuild in writing, and shall bear all costs for the work.
8.8.4.6 Paint: The Contractor shall be responsible for repainting any scratches and dents
on the Transit Vehicles that have occurred due to accidents/incidents while in the
custody and supervision of the Contractor. If either City determines that a paint job
is necessary due to the age or wear and tear on their respective Transit Vehicles,
the Contractor will facilitate the painting work, and the respective City shall bear
the cost thereof.
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
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 or
delayed. The respective City shall own said replacement vehicle.
8.8.6 Contractor shall supply the proper fuel recommended for use in the Transit Vehicles as
well as all other fluids, including but not limited to engineer, 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.
8.8.8 Transit Vehicle Drivers shall maintain the heating and air conditioning system of the
Transit Vehicles to ensure a comfortable climate for passengers at all times. Transit
Vehicles or Loaned Capital Equipment with faulty or inadequate heating and air
conditioning systems shall not be used to provide Bus Service.
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8.9. 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
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 Cleanina.
8.10.1 Dailv Cleaning. 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.
8.10.2 Twice Weeklv Cleaning. At least twice weekly, Contractor shall fully wash the exterior and
clean the interiors of the Transit Vehicles, which shall include a full mopping, washing the
windows, and cleaning the driver's area.
8.10.3 Monthly Cleaning. 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-
toxic, non-staining and bio-friendly.
. waste receptacle
. 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
. 1 respiratory mask
8.11. Transit Vehicles Inspections.
8.11.1 Dailv 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.
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14
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:
. walk-around visual inspection
. directional signals and flashers
. 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
. heating/defrosting/air-conditioning
. 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
inspect the Transit Vehicle Inspection Reports.
8.11.2 Weeklv Inspection. Passenger reading lamps shall be inspected weekly, and burned-out
bulbs replaced promptly.
8.11.3 State of Minnesota Vehicle Inspection. Transit Vehicles must undergo any required State
of Minnesota inspections.
8.11.3.1
Transit Vehicles or Loaned Capital Equipment that do not pass any
required State of Minnesota inspection shall not be used for the Bus
Service until its deficiencies are corrected. The respective City shall advise
Contractor of time within which repairs to correct such deficiencies shall be
completed. City may impose, as liquidated damages in accordance with
Paragraph 10.8, a daily amount equal to Contractor's cost to provide Bus
Service.
SECTION 9
PAYMENT, INFORMATION AND REPORTS
9.1. Contractor shall be compensated by each City independent of the other for operating costs only
as set forth below, minus the fare box collection. Any farebox collection shortfall will be deducted
from the total rate paid to the Contractor, except if noted on revenue and ridership log where
passenger refused to pay.
9.2. For services rendered for Laker Lines, Contractor shall bill the City of Prior Lake. Contractor will
track and report fare and ridership information.
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15
9.2.1 Operating Costs.
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
(5/1/07 - 4130/08) (5/1/08 - 4130/09) (5/1/09 - 4/30/10) (5/1/10 --4/30/11) (5/1111 - 4/30/12) (5/1/12 -4/30/13)
Hourly Charge $ $ $
Full Size Bus
Pull-Out Charge -
Daily (charged once
per bus per day) ex.
3 buses used to
provide 5 routes = 3
/Jull out charaes.
9.2.2 Fuel Cap. City shall pay fuel costs over the fuel cap of $_ per gallon (including taxes).
9.2.3 Other Services: Costs for additional services not covered in this Contract such as in-plant
Transit Vehicle inspections or preparing new Transit Vehicles for operation, will be
negotiated between the City and Contractor, and confirmed in writing by City, prior to
performance of the requested services.
9.3. Monthlv Reports. Monthly invoices and required reports shall be furnished by the Contractor to
each City's Authorized Representative. The City may, at its sole discretion, require additional
information to be added to the Monthly Report. Contractor shall use a form approved by the City.
The Contractor shall submit the following information monthly with its invoice (this information
may be submitted by the Contractor to the City either in the Monthly Reports or in other reports to
be provided to the City):
9.3.1 Incident report including the date, vehicle number, driver, description of Incident or
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, commendations and recommendations (phone and written) including name of
person making the complaint, commendation or recommendation, description, summary
of the actions taken and status.
9.3.3 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).
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.
9.3.5 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.
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.
9.3.6 Daily arrival and departure times for each Transit Vehicle at each designated starting
location, intermediate location, and ending location.
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9.3.7 Any maintenance work due under the warranty schedules for the preceding month and
when such work was performed as well as a list of the warranty work due in the reporting
month. The Contractor must provide a written explanation for any warranty work due but
not performed.
9.4. Billina Cvcle. The billing cycle shall run from the 1st of the month until the last day of the month.
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.
9.4.1 The City, after receipt of a properly completed invoice and all required reports, will
authorize the payment of the Contractor for authorized services satisfactorily performed.
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
shall reimburse the Contractor within 30 calendar days after a properly completed invoice
and all required reports are received.
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
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Contractor shall be awarded its costs and disbursements, including
attorneys' fees, incurred in bringing the action. The Contractor shall, by an appropriate
agreement with each subcontractor, require each subcontractor to make payments to its
subcontractors in a similar manner.
9.6. General Record Keepina and Data Collection. The Contractor shall be responsible for
collecting information and preparing Monthly Reports for each service provider independently.
This information shall be retained by the Contractor throughout the term of this Contract and
delivered to the respective City at their termination of this Contract.
9.6.1 Additional information and reports may be required from the Contractor only as mutually
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
collected is the sole property of the respective City and requests for information about
data collected shall be directed to the City.
9.6.2 No data shall be disseminated to individuals or entities not authorized to receive the
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
providers.
9.7.1 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.
9.7.2 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
ON: 133325 17
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.
9.7.3 The Contractor shall keep a mileage log to account for non-deadhead and non-service
mile for each Transit Vehicle service provider. Contractor shall document the reason for
non-deadhead and non-service miles.
9.8. Vehicle Record File. The Contractor shall maintain a 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.
SECTION 10
DEFAULT, WAIVER AND TERMINATION
10.1. Default. All terms of this Contract are material. In the event Contractor breaches or defaults on a
material term of this Contract, City shall provide Contractor with written Notice of said breach. The
Notice shall set out the nature of the breach or default in detail. The Contractor shall have 10
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.
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
or more of the following actions without providing contractor additional time to cure. The City
shall provide contractor a written statement indicating what action it is taking.
10.2.1
10.2.2
10.2.3
10.2.4
City may withhold payments to Contractor.
City may terminate its participation in this Contract.
City may collect a penalty if and to the extent authorized under paragraph 10.7 herein.
City may assess liquidated damages to the extent authorized under paragraph 10.8
herein.
City may institute legal action against Contractor or utilize the performance bond
delivered hereunder, to collect, payor reimburse the City for:
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.
10.2.5
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10.4. Termination for Lack of Fundina. The City may terminate this Contract in whole or in part upon
30 days' Notice for lack of funding or if the City chooses to opt back in to the Metropolitan
Council's transit system by written Notice of Termination. If the City terminates this Contract for
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
performance standards set by Metropolitan Council for public transit service. In the event that the
Bus Service does not meet the performance measures adopted by the Metropolitan Council, the
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
the Bus Service is insufficient to merit continued operation, City may terminate its participation in
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:
10.7.1.1 Customer Service. The Contractor receives 3 or more substantiated,
legitimate Complaints regarding customer service; missed trips; or Transit
Vehicle cleanliness in a period of 30 days regarding the Bus Service. A
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
provide Bus Service for any period longer than 2 weeks due to a failure to
maintain the Transit Vehicle in good operational condition. The Contractor
fails to put the Transit Vehicle back into service within the 2 weeks
prescribed unless the Contractor proves to the sole satisfaction of the City
that the failure is beyond the control of the Contractor.
The penalties set out in this Paragraph 10 and its subparts may be assessed through
withholding or deduction of payment due to Contractor for services rendered.
10.7.2
10.8. Calculation of liquidated Damages. 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.
10.8.1.1 The Contractor and the City agree that the sum of $250.00 (per day) shall be a
reasonable estimation of the damages incurred by the City in the event of a
breach.
10.8.1.2 However, if Contractor fails to provide the Bus Service, the Contract will be
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.
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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,
and addressed as set forth below. Such notice shall be effective, (a) if delivered by
messenger or by overnight courier, upon actual receipt (or if the date of actual receipt
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.
11.1.1.1 If to City of Prior Lake: City Manager
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372-1714
ATTN: Kelly Meyer
11.1.1.2 With a copy to:
City Attorney
Halleland, Lewis, Nilan & Johnson
600 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402-4501
A TTN: Suesan Lea Pace
11.1 .1.5 If to Contractor:
11.1.1.6 With a copy to:
11.1.2
Notice of Termination. A Notice of Termination shall be delivered by the method as
set out in Paragraph 11.1.1. This Contract shall be terminated as provided in Section
10 above.
11.1.3
Waiver. Failure of contractor or City at any time to require performance of any
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
ON: 133325
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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.
11.2.1
The City shall not be responsible for any loss or damage sustained or claimed to be
sustained by the Contractor through the failure of the Contractor to maintain at all
times a timely operating schedule. The Contractor must report all failures to provide
on-time service due to weather, traffic conditions, or naturally occurring disasters
within 24 hours of such occurrence.
Force Maieure. The Contractor shall not be required to operate the Bus Service in the
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. Headinas. 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.
11.2.2
11.4. Assianment. This Contract shall not be assignable without the prior written consent of each City
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
the actual delivery of Bus Service shall be subcontracted.
11.5. Services Not Provided For. No claim for services furnished by the Contractor not specifically
provided for herein shall be paid by the City, unless said services receive prior written authorization
by the City
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 Aareement. 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
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.
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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.
CITY OF PRIOR LAKE:
CONTRACTOR:
By:
Jack G. Haugen, Mayor
By:
Its:
By:
Frank Boyles, City Manager
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2007 by
Jack G. Haugen and Frank Boyles, respectively the Mayor and City Manager of the CITY OF PRIOR
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 DAKOTA )
The foregoing instrument was acknowledged before me this day of
2001 by and , respectively the
and of SCHMITTY AND SONS TRANSIT, INC., a Minnesota corporation.
Notary Public
ON: 133325
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Attachments:
· The Request for Bids dated May 8, 2007 (incorporated herein as Exhibit A)
· The Addendum No. 1 to Request for Bids dated May 22, 2007 (incorporated herein as
Exhibit B)
· The City's Advertisement for Bids published on May 12, 2007 and May 19, 2007 in the Prior
Lake American (incorporated herein as Exhibit C)
· The bid submitted by Contractor on May 30, 2007 (incorporated herein as Exhibit D)
· The Performance Bond
· The Certificate(s) of Insurance
APPROVED AS TO FORM AND EXECUTION:
Suesan Lea Pace
Prior Lake City Attorney
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