HomeMy WebLinkAbout2003-134
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003- 134
being a by-law to authorize the execution of an
Agreement between The Greater Toronto Area
Transit Authority, The Regional Municipality of
Durham, Ajax Pickering Transit Authority, The
Corporation of the Municipality of Clarington, Oshawa
Transit Commission, and The Corporation of the
Town of Whitby
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. THAT the Mayor and Municipal Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington and seal with
the Corporate Seal, the Regional Transit Pass Agreement between The
Greater Toronto Area Transit Authority, The Regional Municipality of
Durham, Ajax Pickering Transit Authority, The Corporation of the
Municipality of Clarington, Oshawa Transit Commission, and The
Corporation of the Town of Whitby
By-law read a first and second time this 15th day of September 2003
By-law read a third time and finally passed this 15th day of September 2003
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REGIONAL TRANSIT PASS AGREEMENT
THIS AGREEMENT is made the 1 sl day of August, 2003.
BETWEEN:
THE GREATER TORONTO AREA TRANSIT AUTHORITY
("GO Transit")
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("Clarington")
- and -
OSHAWA TRANSIT COMMISSION
("OTC")
- and -
AJAX PICKERING TRANSIT AUTHORITY
("APT A")
- and -
THE CORPORATION OF THE TOWN OF WHITBY
("Whitby")
WHEREAS:
(A) GO Transit operates an inter-municipal bus and train service along select routes
within Durham Region;
(B) Clarington, OTC, APTA and Whitby (collectively the "Local Transit Operators")
operate local municipal bus services along select routes within Durham Region;
(C) The Region, in cooperation with GO Transit and the Local Transit Operators,
seeks to facilitate, integrate, and reduce the cost of inter-municipal transit travel
within Durham Region.
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NOW THEREFORE in consideration of the mutual agreements and covenants contained herein,
THE PARTIES HEREBY AGREE AS FOllOWS:
Regional Transit Pass
1. The Durham D-Pass (the OlD-Pass") shall be comprised of a D-Pass sticker affixed to a
valid monthly GO Transit pass.
2. The D-Pass shall allow holders of the pass to travel within Durham Region on buses
operated by the local Transit Operators.
3. When purchasing a monthly GO-Transit pass, a purchaser may purchase a D-Pass for
an additional twenty five ($25) dollars.
4. Valid D-Pass holders shall not be charged bus fares by local Transit Operators.
5. GO Transit shall sell the D-Pass at select GO Transit locations.
Regional Transit Pass Trial Program
6. The D-pass shall be a trial program that will begin on September 1,2003 and end on
August 31,2005.
Rights and Responsibilities of GO Transit
7. GO Transit shall:
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(a) order D-Pass stickers, as necessary, from a third party;
(b) sell D-Pass stickers at select GO Transit locations;
(c) remit revenue collected from D-Pass sales less a ten (10%) percent
administration fee to the Region on a monthly basis; and,
(d) prepare monthly accounting statements in a manner acceptable to the Region,
regarding total monthly D-Pass sales and the administration fee charged for the
sales of the passes.
Rights and Responsibilities of the Region
8. The Region shall:
(a) administer and manage the D-Pass trial program;
(b) pursuant to the terms of this agreement compensate individual local Transit
Operators on a monthly basis for transit riders who use the D-Pass; and,
(c) pay for the production of D-Pass stickers.
9. The Region agrees to pay ten (10%) percent of total monthly D-Pass sales to GO Transit
as an administrative fee for selling the D-Pass.
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10. The Region will receive all revenue, minus the GO Transit administration fee of ten
(10%) percent, generated from sales of the D-Pass.
11 . The Region's funding commitment to the trial D-Pass program, includes but is not limited
to management consultant fees, marketing expenses, and fee reimbursements to the
Local Transit Operators.
12., The Region commits funding in the amount of $400,000.00 towards the D-Pass program
for 2003.
13. Regional funding commitments towards the D-Pass trial program for the duration of the
trial program shall be subject to approval by Regional Council as part of the Regional
annual budget process.
14. Where funding commitments have been or will be exceeded, and pursuant to the
termination provisions herein, the Region may terminate this agreement.
Rights and Responsibilities of Local Transit Operators
15. Each of the Local Transit Operators shall:
(a) honour the D-Pass by not charging bus fares to valid D-Pass holders;
(b) record the number of riders each month that access individual local bus services
using the D-Pass; and,
(c) pursuant to the terms of this agreement invoice the Region on a monthly basis
for compensation for transit riders who use the D-Pass.
16. Local Transit Operators shall be reimbursed by the Region on an individual basis in
accordance with the compensation provisions of this agreement.
17. Local Transit Operators must provide the Region with sixty (60) days advance written
notice of any revisions to their respective local bus fares.
Compensation to Local Transit Operators
18. Individual Local Transit Operators shall be compensated for the D-Pass holders' use of
their respective local transit services on the basis of adult ticket fare prices, discounted
(to account for transfers) by the ratio of revenue passengers to boardings (including
transfers), to be calculated on the basis of ridership data for the previous year.
19. The formula by which the Region shall calculate monthly compensation to individual
Local Transit Operators, as described above, is as follows:
Compensation = Number of rides by D-Pass holders X adult ticket fare X revenue
passengers 1 boardings (including transfers)
20. The Region and Local Transit Operators shall meet periodically to discuss, review, and if
necessary adjust, the above-mentioned compensation provisions and formula.
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Liability
21. The liability of the Local Transit Operators in connection with the D-Pass program
described herein shall be limited to claims arising out of the operations of their
respective local transit systems. The Local Transit Operators indemnify and save
harmless GO Transit and the Region from and against any and all liability for causes of
actions, loss, costs, damages or expenses of every kind and nature whatsoever arising
in connection with the operation of their respective local transit systems.
22. The liability of GO Transit in connection with the D-Pass program described herein shall
be limited to claims arising out of its operation of GO Transit bus and train services. GO
Transit indemnifies and saves harmless the Local Transit Operators and the Region
from and against any and all liability for causes of action, losses, costs, damages or
expenses of every kind and nature whatsoever arising in connection with the operation
of GO Transit services.
Insurance
23. During the term of this Agreement, the Local Transit Operators and GO Transit, at their
sole cost and expense, shall take out and maintain:
(a) commercial general liability insurance pertaining to liability to others in respect of
injury, death or damage to property occurring upon, or about its vehicles in an
amount not less than five million dollars ($5,000,000.00) for claims arising out of
one occurrence; and
(b) automobile liability insurance in respect of licensed vehicles shall have limits of
not less than five million dollars ($5,000,000.00) inclusive per occurrence for
bodily injury, death and damage to property, in the following forms:
(i) Standard non-owned automobile policy including standard contractual liability
endorsement, and
(ii) Standard owners form automobile policy providing third party liability and
accident benefit insurance and covering licensed vehicles owned or operated
by the Local Transit Operators and Go Transit.
24. The commercial general liability policies shall be in the name of the Local Transit
Operators and GO Transit and shall name the Region of Durham as an additional
insured thereunder.
25. All insurance policies shall contain an endorsement to provide the parties with sixty (60)
days written notice of cancellation.
26. Evidence of insurance shall be provided prior to the execution of this agreement.
Extension and Termination of Regional Transit Pass Program
27. The D-Pass program may be extended by mutual agreement between the parties
pursuant to the amendment provision of this agreement.
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28. Any party may at their sole discretion terminate this agreement upon giving all other
parties ninety (90) days advance written notice of their intention to terminate.
29. The respective obligations of the parties shall survive to the effective date of termination
and the financial obligations of the parties shall be calculated to the effective date of
termination.
Representations and Warranties
30. The Region, GO Transit and the Local Transit Operators represent and warrant that they
have authority to enter into this agreement.
Audit Rights
31. Each transit authority that is a party to this agreement shall keep all financial and
accounting records relating to this agreement for a period of two (2) years from the date
of their creation.
32. The Region shall have access to the records of all parties relating to this agreement for
the purpose of auditing such records.
33. In the event an audit discovers any discrepancy in any amount owed or paid, the
discrepancy shall be corrected forthwith by the relevant party.
Entire Agreement
34. This agreement represents the entire agreement between the parties relating to the
provision of the D-Pass, and supersedes any prior written or verbal agreements or
negotiations among the parties.
Amendments to Agreement
35. No amendments shall be made to this agreement except those in writing that have been
approved and signed by the parties.
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Execution in Counterpart
36. This agreement may be executed in any number of counterparts with the same effect as
if all parties hereto had all signed the same document. All counterparts shall be
construed together and shall constitute one and the same original.
IN WITNESS WHEREOF the parties have executed this agreement with effect as of the date
written above.
THE GREATER TORONTO AREA TRANSIT
AUTHORITY
Gary McNeil, Managing Director and Chief
Executive Officer
Jean M. Norman, Secretary
THE REGIONAL MUNICIPALITY OF DURHAM
Roger Anderson, Regional Chair
P.M. Madill, Regional Clerk
THE CORPORATION OF THE MUNICIPALITY OF
CLARI /} lAJL-
OSHAWA TRANSIT COMMISSION
Nester Pidwerbecki, Chair
Gary Noakes, Acting General Manager
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AJAX PICKERING TRANSIT AUTHORITY
Ted Galinis, General Manager
Neil Killens, Deputy General Manager
THE CORPORATION OF THE TOWN OF
WHITBY
Marcel Brunelle, Mayor
D.G. McKay, Clerk
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STUDENT TRANSIT PASS AGREEMENT
THIS AGREEMENT is made the 1st day of August, 2003.
BETWEEN:
UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY
("UOIT")
- and -
DURHAM COLLEGE
- and -
THE GREATER TORONTO AREA TRANSIT AUTHORITY
("GO Transit")
- and -
THE REGIONAL MUNICIPALITY OF DURHAM
(the "Region")
- and -
AJAX PICKERING TRANSIT AUTHORITY
("APT A")
- and -
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("Clarington")
- and -
OSHAWA TRANSIT COMMISSION
("OTC")
- and -
THE CORPORATION OF THE TOWN OF WHITBY
("Whitby")
WHEREAS:
(A) Durham College and UOIT operate a campus in Oshawa at the intersection of
Simcoe Street North and Conlin Road (the "Oshawa Campus");
(B) Durham College operates a campus in Whitby at 1610 Champlain Avenue (the
"Whitby Campus");
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(C) GO Transit operates an inter-municipal bus and train transit service on select routes in
the Region of Durham;
(D) APT A operates a local municipal bus transit system on select routes in the City of
Pickering and the Town of Ajax;
(E) Clarington operates a local municipal bus transit system on select routes in the
Municipality of Clarington;
(F) OTC operates a local municipal bus transit system on select routes in the City of
Oshawa and in the Municipality of Clarington;
(G) Whitby operates a local municipal bus transit system on select routes in the Town of
Whitby;
(H) The parties seek to create more efficient and affordable inter-municipal campus-focused
bus routes in Durham Region.
NOW THEREFORE in consideration of the mutual agreements and covenants contained herein,
THE PARTIES HEREBY AGREE AS FOllOWS:
Durham College I UOIT Monthly Student Transit Pass
1. The Durham College / UOIT Student Transit Pass (the "Student Pass") may be
purchased by students registered at Durham College or UOIT.
2. Student Pass holders are entitled to travel on bus routes operated by APT A, Clarington,
OTC and Whitby (collectively the "local Transit Operators").
3. Student Pass holders are entitled to travel on select bus routes operated by GO Transit
within Durham Region.
Sale of Monthly Student Pass
4. The Student Pass shall be comprised of a card, which shall be produced and sold by
Durham College and UOIT on a monthly basis, during the school year (September to
April).
5. The Student Pass shall be sold at the Student Centre at the Oshawa Campus.
6. Durham College and UOIT shall sell the monthly Student Pass in a manner acceptable
to the Region for seventy-five ($75.00) dollars which fee is subject to change by the
Region in consultation with the other parties to this agreement.
7. Durham College and UOIT shall record the number of passes sold and the home postal
code of each student who purchases a Student Pass in a manner acceptable to the
Region.
8. Durham College and UOIT shall provide a monthly accounting to the Region in a manner
acceptable to the Region regarding the number of passes sold and the postal code of
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each student who purchased a Student Pass no later than the twentieth day of the
following month. The Region shall provide a copy of said report to the Local Transit
Operators on a monthly basis.
9. Durham College and UOIT shall not receive compensation for data collection or
administrative duties, nor for producing and selling the Student Pass card.
Monthly Student Pass Program
10. The Student Pass is a trial program beginning on September 1, 2003 and ending on
April 30, 2005.
Financial Commitments
11. Pursuant to the terms of this agreement, the Student Pass Program shall receive direct
funding from the Region, Durham College and UOIT.
12. Pursuant to the terms of this agreement, the Student Pass shall be indirectly subsidized
by GO Transit and the Local Transit Operators, as the they will accept less than full fare
compensation from transit riders using the Student Pass.
13. The Region shall take the lead role in the Student Pass Program by providing funding
and overall administration for the program.
14. The Region commits funding in the amount of $200,000.00 towards the Student Pass
Program for 2003.
15. Regional funding commitments towards the Student Pass for the duration of the trial
program shall be subject to approval by Regional Council as part of the annual Regional
Budget process.
16. The Region, Durham College and UOIT shall be responsible for organizing, producing
and distributing signs and marketing materials relating to the Student Pass,
17. Durham College and UOIT shall pay the Region $12,500.00 for each month the Student
Pass trial program is operating during the months of September to April.
18. Subject to paragraph 20, and based on information provided to the Region by Durham
College and UOIT, the Region will, on a monthly basis, reimburse individual Local
Transit Operators twenty ($20.00) dollars for each student who resides within their
respective jurisdiction who purchased a Student Pass from Durham College and UOIT
during the month.
19. Where a Student Pass has been sold to a student living in an area served by Clarington,
the twenty ($20.00) dollar reimbursement will be split equally between Clarington and
OTC in recognition that the student will likely use the OTC and Clarington systems to
access the Oshawa Campus or Whitby Campus.
20. All cash fares generated by APTA in relation to the use of the Pickering / Ajax! Whitby
Cross-Region Service shall be remitted to the Region in a manner acceptable to the
Region.
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21. Where funding commitments have been or will be exceeded, and pursuant to the
termination provisions herein, the Region may terminate this agreement.
Pickering I Ajax I Whitby Cross-Region Service
22. APT A shall operate the Pickering / Ajax / Whitby Cross-Region Route (the "Cross
Region Service") as set out on Schedule A attached hereto.
23. The schedule of the Cross Region Service may be adjusted to accommodate student or
APT A requirements.
24. APT A shall be reimbursed by the Region for providing the Cross Region Service at a
fixed rate of $60.00 per bus operating hour, based on three buses operating at eight
hours per day each.
25. APT A will accept cash fares of three ($3.00) dollars for riders using the Cross Region
Service who do not hold a Student Pass. All revenue from said cash fares will be
remitted to the Region on a monthly basis in a manner acceptable to the Region.
Brooklinl Port Perry Service Connection
26. GO Transit shall honour the Student Pass at no additional charge to pass holders on the
existing Brookfin / Port Perry Service Connection on the Highway 12 bus route.
27. The schedule of the Brooklin / Port Perry Service Connection may be adjusted to
accommodate student or GO Transit requirements.
28. GO Transit shall record the number of Student Pass holders that use the Brooklin / Port
Perry Service Connection each day, and shall provide a monthly accounting in a manner
acceptable to the Region.
29. GO Transit shall be reimbursed by the Region on a monthly basis the amount of three
dollars and twenty ($3.20) cents for each Student Pass trip honoured by GO Transit on
the Brooklin / Port Perry Service Connection.
Clarington Service Connection
30. GO Transit shall honour the Student Pass at no additional charge to pass holders on the
existing Clarington Service Connection on the Highway 2 bus route.
31. The schedule of the Clarington Service Connection may be adjusted to accommodate
student or GO Transit requirements.
32. GO Transit shall record the number of Student Pass holders that use the Clarington
Service Connection each day, and shall provide a monthly accounting in a manner
acceptable to the Region.
33. GO Transit shall be reimbursed by the Region on a monthly basis the amount of three
dollars and twenty ($3.20) cents for each Student Pass trip honoured by GO Transit on
the Clarington Service Connection.
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Oshawa Transit Campus Service
34. The Oshawa Transit Campus Service will provide service between the GO Train Station
located in Oshawa, the Whitby Campus, and the Oshawa Campus, as set out in
Schedule B attached hereto.
35. OTC will operate the Oshawa Transit Campus Service on Monday to Friday from
approximately 6:00 a.m. to 10:00 a.m. and then again from approximately 3:00 p.m. to
8:00 p.m., with buses leaving the Oshawa GO Train Station after the arrival of
connecting GO Trains. The schedule of the Oshawa Transit Campus Service may be
adjusted to accommodate student or OTC requirements.
36. The Oshawa Transit Campus Service will operate for twelve months of the year.
37. The Region shall reimburse OTC $13,750.00 for each of the following months the
Oshawa Transit Campus Service is operating during the Student Pass trial program
period:
(a) September;
(b) October;
( c) November;
(d) December;
(e) January;
(f) February;
(g) March; and,
(h) April.
38. The reimbursement is based on an approximation of the proportion of overall ridership
on the route that can be attributed to Durham College/UOIT students using the service.
Weekends, Holidays and College/University Summer Break
39. The following transit services will not operate on statutory holidays and weekends:
(a) The Cross Region Service; and
(b) The Oshawa Transit Campus Service.
40, The College / University summer break is from May 1 sl to August 31 sl of each year. The
Cross Region Service will not operate during the College / University summer break.
41. Durham College and UOIT shall ensure that GO Transit and the Local Transit Operators
are provided with reasonable notice of any additional holidays for which their respective
transit services will not be required.
Liability
42. The liability of the Local Transit Operators in connection with the Student Pass program
described herein shall be limited to claims arising out of the operations of their
respective local transit systems. The Local Transit Operators indemnify and save
harmless GO Transit and the Region from and against any and all liability for causes of
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actions, loss, costs, damages or expenses of every kind and nature whatsoever arising
in connection with the operation of their respective local transit systems.
43. The liability of GO Transit in connection with the Student Pass program described herein
shall be limited to claims arising out of its operation of GO Transit bus and train services.
GO Transit indemnifies and saves harmless the Local Transit Operators and the Region
from and against any and all liability for causes of action, losses, costs, damages or
expenses of every kind and nature whatsoever arising in connection with the operation
of GO Transit services.
Insurance
44. During the term of this Agreement, the Local Transit Operators and GO Transit, at their
sole cost and expense, shall take out and maintain:
(a) commercial general liability insurance pertaining to liability to others in respect of
injury, death or damage to property occurring upon, or about its vehicles in an
amount not less than five million dollars ($5,000,000.00) for claims arising out of
one occurrence; and
(b) automobile liability insurance in respect of licensed vehicles shall have limits of
not less than five million dollars ($5,000,000.00) inclusive per occurrence for
bodily injury, death and damage to property, in the following forms:
(i) Standard non-owned automobile policy including standard contractual liability
endorsement, and
(ii) Standard owners form automobile policy providing third party liability and
accident benefit insurance and covering licensed vehicles owned or operated
by th,e Local Transit Operators and Go Transit.
45. The commercial general liability policies shall be in the name of the Local Transit
Operators and GO Transit and shall name the Region of Durham as an additional
insured thereunder.
46. All insurance policies shall contain an endorsement to provide the parties with sixty (60)
days written notice of cancellation.
47. Evidence of insurance shall be provided prior to the execution of this agreement.
Audit Rights
48. Each transit authority to this agreement and Durham College/UOIT shall keep all
financial and accounting records relating to this agreement for a period of two (2) years
from the date of the creation of such record.
49. The Region shall have access to the records of all parties relating to this agreement for
the purpose of auditing such records.
50. In the event an audit discovers any discrepancy in any amount owed or paid the
discrepancy shall be corrected forthwith by the relevant party.
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Extension and Termination of Student Pass Program
51. The Student Pass program may be extended by mutual agreement between the parties
pursuant to the amendment provision of this agreement.
52. Any party may at their sole discretion terminate this agreement upon giving all other
parties ninety (90) days advance written notice of their intention to terminate.
53. The respective obligations of the parties shall survive to the effective date of termination
and the financial obligations of the parties shall be calculated to the effective date of
termination.
Representations and Warranties
54. Durham College, UOIT, the Region, GO Transit, and the Local Transit Operators
represent and warrant that they have authority to enter into this agreement.
Entire Agreement
55. This agreement represents the entire agreement between the parties relating to the
provision of the Student Pass, and supersedes any prior written or verbal agreements or
negotiations among the parties.
Amendments to Agreement
56. No amendments shall be made to this agreement except those in writing that have been
approved and executed by the parties.
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Execution in Counterpart
57. This agreement may be executed in any number of counterparts with the same effect as
if all parties hereto had all signed the same document. All counterparts shall be
construed together and shall constitute one and the same original.
IN WITNESS WHEREOF the parties have executed this agreement with effect as of the date
written above.
THE GREATER TORONTO AREA TRANSIT
AUTHORITY
Gary McNeil, Managing Director and Chief
Executive Officer
Jean M. Norman, Secretary
THE REGIONAL MUNICIPALITY OF DURHAM
Roger Anderson, Regional Chair
P.M. Madill, Regional Clerk
UNIVERSITY OF ONTARIO INSTITUTE OF
TECHNOLOGY
Gary Polonsky, President
Ralph Aprile, Vice President
Facilities and Ancillary Services
DURHAM COLLEGE
Gary Polonsky, President
Ralph Aprile, Vice President
Facilities and Ancillary Services
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THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
OSHAWA TRANSIT COMMISSION
Nester Pidwerbecki, Chair
Gary Noakes, Acting General Manager
AJAX PICKERING TRANSIT AUTHORITY
Ted Galinis, General Manager
Neil Killens, Deputy General Manager
THE CORPORATION OF THE TOWN OF
WHITBY
Marcel Brunelle, Mayor
D.G. McKay, Clerk
722
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SCHEDULE B
Oshawa Transit Campus Service (New Oshawa Campus to GO Route #20) Schedule
(Monday to Friday Only)
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Northbound service
a.m.
7:08 7: 1 2 7: 1 7 7:22 7:26 7:29 7:38
7:36 7:40 7:45 7:50 7:54 7:57 8:06
8:25 8:30 8:35 8:40 8:44 8:47 8:56x
9:08 9: 1 2 9: 1 7 9:22 9:26 9:29 9:38x
p.m.
5:1 0 5: 1 5 5:20 5:25 5:29 5:32 5:41
5:38 5:43 5:48 5:53 5:57 6:00 6:09
6:04 6:09 6: 14 6:1 9 6:23 6:26 6:35x
6:38 6:43 6:48 6:53 6:57 7:00 7:09x
x - out of service
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Southbound service
a.m.
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6:40 6:49 6:53 6:57 7:01 7:06 7:11
6:50 6:59 7:03 7:07 7:11 7:16 7:23
7:10 7:19 7:23 7:27 7:31 7:36 7:46
7:45 7:54 7:48 8:02 8:06 8:11 8:25
8:07 8:16 8:20 8:24 8:28 8:33 8:41
p.m.
3:00 3:09 3:13 3:17 3:21 3:26 3:41
3:50 3:59 4:03 4:07 4:11 4:16 4:24
4:28 4:37 4:41 4:45 4:49 4:54 5:09
5:05 5:17 5:18 5:22 5:26 5:31 5:41
bold typeface represents semi express train
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f) II
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