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11-15-2016 Third Amendment to Agreement between Eagle County and Town of Avon for Bus Storage & Service at the I-70 Regional Transportation Operations Facility.* THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF AVON FOR BUS STORAGE & SERVICE AT THE I -70 REGIONAL TRANSPORTATION OPERATIONS FACILITY t- THIS THIRD AMENDMENT ( "Second Amendment ") is effective as of the S- day of ,/i vee— 642 , 2016 by and between Eagle County, Colorado, a body corporate and politic (hereinafter "County ") and the Town of Avon, a Colorado home rule municipality (hereinafter "Town "). The County and Town shall collectively be referred to as the "Parties." 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 9`h 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 Third Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. THIRD 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 -3 (the Lease Payment Calculation), with the new Lease Payment Calculation attached hereto as Exhibit A4, 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 Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Third 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. MV AE a B' Eagle County O, orney's Office C16 -424 By. Eagle County commissioners' office 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WI'T'NESS WHEREOF, the parties hereto have executed this Third 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 COMMISSIONERS Y: ^ * J a e McQueeney, Ch irman * Attest: a�� Tay. �t" • C�(►t,� Teak J. Simonton, Clerk to the Board TOWN OF AVON By: a AL�ij; Virginia C. Egger, Town Manager Attest: y. -- Debbie Hoppe, T Clerk . •,,..•....•• may. 7 Eagle County Am Scope and Comp Final 5/14 1 -70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-4 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 subject to change upon written notice by the Town of Avon no later than June1 of any given year, which adjustment shall take effect no sooner that January 1 of the succeeding year. Operations anti Maintenance Cast Comments FY 2016 FY 2017 Current Cost Projected Costs Utilities $ 37,050 $ 37,133 $25,356 - Gas x.62% _ $15,832 $29,724 -Electric x 62% = $18,428 $4,635 - Water & Sanitation x 62% _ $2,873 Snow Management $ 6,750 $ 6,750 $11,250 1year -all of Swift Gulch (60140 Transit /Fleet) Pest Control $ 125 $ 125 Security $ 2,000 $ 2,000 Broad band /Internet /Wi -Fi $ $ - Se arateCountylineinuse Janitorial $ 6,494 $ 6,494 Winter -2hrs /day x 7 days /week x 21 weeks x $21.82 1hr. = $6,415 x 62%= $3,977 Summer- 2hrs /day x 3 days /week x 31 weeks x $21.821hr. = $4,059 x 52% = $2,517 Coffee Service $ 11000 $ 1,000 Telephone $ 11550 $ 1,550 $2,500x62% Insurance Premium $ 8,249 $ 8,497 $13,705x62% HVAC Maintenance Contract signed 4/2014- $12,950 x 62= $8,029 Elevotor Maintenonce /Fire Alarm $4,900 x 62 %= $3,038 Building Maintenance $ 12,555 $ 12,555 Boller Inspection $2,000 x 62 %= $1,240 Fire Extinguisher Maintenance $400 x 62%=$248 Total $ 75,773 $ 76,104 Per bus $Wuper month $, _`263, $ 264 SHARED WITAL 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 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 /bus /year $ 76 /bus /month Total Monthly for 9 Buses $ 917 /bus /year LEASE PAYMENT SUMMARY BUSES LARGER THAN 32 FT. FY 2015 Capital portion $248 /bus /month 0 &M portion $264 /bus /month AM portion $ 76 /bus /month Total Monthly $588 /bus /month Total Seasonal $7,056 /bus /year Total Monthly for 9 Buses $63,SO4 BUSES SMALLER THAN 32 FT. (Four buses in a row instead of three) $471 BUS WASH COSTS Exhibit A -4 Operation and Maintenance Costs 2016 Current 2017 Projected Comments Utilities $ 3,550 $ 3,550 Gas -14% of $25,356 =$3,550 $ 4,161 $ 4,161 Electric - 14% of $29,724 = $4,161 $ 91500 $ 9,785 Water dedicated line - $9,500 x 3% Trash $ 1,200 $ 1,200 Modem $ 1,500 $ 1,500 Modem R &M Buildings and Facilities $ 12,950 $ 12,950 HVAC Maintenance Contract $12,950 R &M Other Specialized Equipment $ 4,000 $ 4,000 Other Purchase /Contract Services $ 8,500 $ 8,500 sludge removal -storm drain clean out Staff Time $ 9,152 $ 9,568 Bldg Maintenance Staff @ Shrs /week x $23 Other Misc Operating Supplies $ 9,550 $ 9,550 Soap, nozzles, etc. Bus Vault Removal and Probing $ 7,740 15 min/bus = $5.00/bus x 129 avg. bus wash /month x 12 months =1548 total yearly TOTALYearly Expenses $ 64,063 $ 72,504 Number of Vehicles Washed (2016 Data ) $ 2,859 $ 2,997 FY2016 projected to end of year Bus Wash/Carriage Wash $ 1,928 $ 1,928 FY 2016 projected to end of ear Car Wash $ 931 $ 931 FY2016 projected to end of year Total E uivilant Washes $ 6,715 $ 6,715 Bus are 3 times cars Cost /e uivilant washes $ 10 $ 11 Cost / Bus Wash $ 29 $ 32 Cost to for Car to use Avon Bus Wash $ 7 $ 8 Fee for Avon Employee to wash bus $ 20 $ 22 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 for ECO buses. For any such repair or replacement services, ECO will pay Avon a 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 Page 1 of 1 91812016