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10-28-2015 2nd Amendment TOA Bus Storage & Service at the 1-70 RTOFSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF AVON FOR BUS STORAGE & SERVICE AT THE I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY THIS SECOND AMENDMENT ("Second Amendment") is effective as of the day of 2015 by and between Eagle County, Colorado, a body corporate and politic (hereinafter "County") and the Town of Avon, a Colorado home rule muni ipality (hereinafter "Town"). The County and Town shall collectively be referred to as the "Pa ties." RECITALS WHEREAS, the Parties entered into an agreement dated the 29th day of October, 2013, for Bus Storage and Service at the I-70 Regional Transportation Operations Facility (the "Original Agreement"); and WHEREAS, by a First Amendment dated the 9th day of December, 2014, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, the Parties desire by this Second Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: 1. The Original Agreement shall be amended by the replacement in its entirety of Exhibit A-2 (the Lease Payment Calculation), with the new Lease Payment Calculation attached hereto as Exhibit A-3, and incorporated herein by reference. 2. The Original Agreement shall be amended by the replacement in its entirety of Exhibit B (Avon Fleet Maintenance Service Rate Sheet), with the new Rate Sheet attached hereto as Exhibit B-1, and incorporated herein by reference. 3. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. C15-506 By: VIS ORM Eagle • nty Attorneys Office By: Eagle County Commissioners' Office 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSI NERS Attest: By: By: C I r"v V V Teak J. Simonton, erk to the Board 4;1114 4 % (ice by • d er-Henry; Chairman TOWN OF AVON, Attest: By: Debbie Hoppe, Town 1 k 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-3 LEASE PAYMENT CALCULATION LEASE RATES AND CHARGES Lease payment calculations consist of Capital, Operations and Maintenance ("O&M"), and Asset Management and will be charged as a budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be audited each year and may be subjec to change upon written notice by the Town of Avon no later than Junel of any given year, which adjustment shall t ke effect no sooner that January 1 of the succ eding year. Maintenance Cost FY 2015 Current Cost FY 2016 Projected Costs Comments Utilities $ 42,816 $ 36,194 $24,247 - Gas x.62% = $15,033 $30,o16 - Electric x 62% = $18,610 $4,114 - Water & Sanitation x 62% = $2,551 Snow Management $ 6 750 $ 6,750 $11,250/year-all of Swift Gulch (60/40 Transit/Fleet) Pest Control $ 1,020 $ 903 Security $ 3,000 $ 1,230 Broadband/Internet/Wi-Fi $ $ - Separate County Line in use Janitorial $ 6,372 $ 6494 Winter-2hrs/day x 7 days/week x21weeks x $21.82/hr. = $6,415 x 62%=$3,977 Summer- 2hrs/day x 3 days/weekx 31 weeks x $21.82/hr. = $4,059 x 62% = $2,517 Coffee Service $ 1,800 $ 2,096 Telephone $ 1,925 $ 1,497 $2,414x62% Insurance Premium $ $ 7,836 $12,639x62% Building Maintenance $ 6,475 $ 12,741 HVAC Maintenance Contract signed 4/2014- $12,950 x 6248,029 Elevator Maintenance $5,200 x 62%=$3,224 Boiler Inspection $2,000x62%=$1,240 Fire Extinguisher Maintenance $400 x 62%=$248 Total $ 70,158 $ 75,741 Per bus stall per month $ 244 $ 263 SHARED CAPITAL INVESTMENT (Capital Portion) Local Match{credit $568,843 for residual value & for design contributions: ECO $238,000 & TOA $146,332 $ 1,289,489 funded via bonds by TOA Number of Indoor Stalls 24 Replacement Frequency interest rate 4.691458$ TOA's bond rate duration (years) 40 years # monthly payments 480 months equivalent monthly rate 0.3910% Number of Stalls Amortized capital, total $5,957 /month Amortized capital, per bus per month $248 /bus/month Amortized capital, per bus per season $2,978.35 /bus/year SHARED ASSET MANAGEMENT (AM portion) FY 2015 Target Asset Replacement Fund $ 550,000 HVAC, pavement, misc. repairs Replacement Frequency 25 years Linear set aside target $ 22,000 per year Local Match Needed 100% /bus/month Local Match AM Set Aside $ 22,000 total per year Number of Stalls 24 /year BUSES SMALLER THAN 32 FT. $ 76 /bus/month (Four buses in a row instead of three) $ 917 /bus/year LEASE PAYMENT SUMMARY BUSES LARGER THAN 32 FT. FY 2015 Capital portion $248 /bus/month O&M portion $263 /bus/month AM portion $ 76 /bus/month Total Monthly $S87 /bus/month Total Seasonal $7,044 /bus/year Total Monthly for 9 Buses $63,396 /year BUSES SMALLER THAN 32 FT. (Four buses in a row instead of three) $470 BUS WASH COSTS Operation and Maintenance costs 2015 2016 Current Projected Utilities $ 4,740 $ 14,332 $ 3,940 $ 19,307 Comments Gas -14% of $24,247 = $3,395 Electric - 14% of $30,016 = $4,202 Trash $ 400 Water dedicated line - $6,735 Modem 660 $ 1,404 Modem R&M Buildings and Facilities $ 19,690 $ 12,950 R&M Other Specialized Equipment $ 6,575 Other Purchase/Contract Services $ 19,113 $ 12,780 Staff Time $ 9,764 $ 9,152 HVAC Maintenance Contract $12,950 Misc. door repair -warranty up 8/2015 sludge removal -storm drain dean out Other Misc Operating Supplies $ 7,032 Bldg Maintenance Staff @ 8hrs/week Soap, nozzles, etc. TOTAL Yearly Expenses $ 77,214 $ 64,625 Number of Vehicles Washed (2014 Data) $ 2,859 FY2014 Actual Bus Wash/Carriage Wash $ 1,433 $ 1,928 FY2014 Actual Car Wash $ 456 $ 931 Total Equivilant Washes $ 4,755 $ 6,715 FY2014 Actual Bus are 3 times cars Cost / equivilant washes 16 10 Cost / Bus Wash 49 $ 29 Cost to for Car to use Avon Bus Wash $ 12 $ 7 Fee for Avon Employee to wash bus $ 17 $ 20 EXHIBIT B-1 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate: At the verbal or written request of ECO, Avon may provide repair and replacement work f r ECO buses. For any such repair or replacement s rvices, ECO will pay Avon unit hourly shop rate of $107.00 per hour for light duty vehicles and equipment and $116.00 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus twenty (20%). 2. Warranty: Contractor will perform all services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. Exhibit B 10/28/2015 Page 1 of 1