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21.11.09 IGA 8th Amendment to Regional Transportation Operations FacilityDocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 Agenda Item Details Meeting Category Subject Access Type Preferred Date Fiscal Impact Dollar Amount Budgeted Budget Source Recommended Action BoardDocs® Plus CVO EAGLE COUNTY Jan 01, 2050 - *****Signature Workflow***** A. BoCC Signature 3. Eighth Amendment to Regional Transportation Operations Facility IGA Public Action (Consent) Nov 09, 2021 Yes 84,636.00 Yes ECO Transit Approve Public Content Prepared By: Tanya Allen Department: ECO Transit Executive Summary: This is the annual renewal of the IGA between Eagle County and Avon for use of the Swift Gulch Transit facility. ECO currently stages up to 9 vehicles out of the facility. Buses staged at the facility are subject to negotiated lease, maintenance, cleaning, and fueling costs as outlined in the attachments provided. Reviewing Attorney: Christina Hooper Approved As DocuSlgned by: To Form: I �t VlxiV A. Rbbrw • BoCC signature?: Yes FC69D7FCDF3A4BB... • County Manager signature?: No 1- Exhibit A-7 Lease Payment Calculation.pdf (264 KB) Administrative Content E DocuSigned by: t,t,a Silua,v�bwt, 444EFF6D9F7F48E... 2- Exhibit B Fleet Maintenance ECO.pdf (30 KB) Signature Required Information Attach ALL exhibits, including the insurance certificate. Do not attach the contract or resolution, that will be provided by the reviewing Attorney. https:Hgo.boarddoes.com/co/eagleco/Board.nsf/Private?open&login 1/2 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 EIGHTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE & SERVICE AT THE I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY THIS EIGHTH AMENDMENT ("Eighth Amendment") is effective as of 12/7/2021 by and between the Board of County Commissioners of Eagle County a body corporate and politic, doing business as ECO Transit (hereinafter "ECO"), located at 3289 Cooley Mesa Road, Gypsum, Colorado, and the Town of Avon a Colorado home rule municipality (hereinafter "Avon"), located at One Lake Street, Avon, Colorado. ECO and Avon 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 9th day of December, 2014, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Second Amendment dated the 22nd day of December, 2015, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Third Amendment dated the 15th day of November, 2016, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Fourth Amendment dated the 12th day of January, 2018, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Fifth Amendment dated the 13th day of November, 2018, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Sixth Amendment dated the 17th day of December, 2019, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Seventh Amendment dated the 12th day of January, 2021, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, the Parties desire by this Eighth Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. EIGHTH AMENDMENT DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: The Original Agreement shall be amended by the replacement in its entirety of Exhibit A (the Lease Payment Calculation), with the new Lease Payment Calculation attached hereto as Exhibit A-7, 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-2, and incorporated herein by reference. 3. Capitalized terms in this Eighth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Eighth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Eighth Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Eighth 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 5. This Eighth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 IN WITNESS WHEREOF, the parties hereto have executed this Eighth 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 By: r-DocuSigned by: �&" Ma € ,@hfdr Attest: DocuSigned by: By: Regina O'Brterw6to&to the Board Town of Avon [—DocuSign,l by: - By: Signature e+ u- •_i Name and Title: Eric p2T n3 nager Attest: DocuSigned by: By: Signature bqmJA Jwms Name and Title: Br6nd&TOmy,84fiawn Clerk DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-7 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 than January 1 of the succeeding year. Operattom ■rrd Makrt*n&nc& Cca# VY ?D2 # iY N22 [wamrnt� PraTectrd Costs 539,SO6 595,065 �- ;.t9.f:1-Nrpri;:•^ 'rfw1�=;Z9f.i9 7031, 110.391 4 SIJ 32 i : 3e2 S5't A-!cray, 5no,p maanageRne+bt 57,44Z $7,4 :�-va..1J,131 fir=:: al :wilrr S��:r PE9# tontfoi S 559G 0'q f- . cgs,-!..8, %1 kKunly Sb,346 $4,247 :c-lr, a.Vm_ L 14'r. ton j3ma'i_&' ar0ad!lMW11 ri(ethe V,,, i41 50• 55,22a :-! 2W.91Ji janilwiil $13,O01) %1Q.Z30ce-!rOtta.,dai--;f;Tj... FwomeN r fPet :truce $2,100 51,0W rr;X00 Cvm te€ a1Yi P+'Wef S@ so t.T* -12 ur^a 1,Vn cline ra r^C F_•� =^rar Telephone 31 s5Q $3 549 =! *3a n t_1 `.f. !uptyr 1A1UfkMCe PIVMKWM 5IL1,L95 $10,225 µsd a): 91 .11A Euildul6 ►4ainttnance IFa[ifil Mrsl $27,038 S61,t6i r;' aa'a:1 * f-ar.1xr •,RsrCr^{i rarat� rrt: r ; -a rs ?t+^a^rt'0-'C'u a r.rrta Tout $109,071 5 L36,6fi! P4t loin nell ve month smnl sm DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 SHARED CAPITAL INVESTII NT (Capital Portion Local Nlrtch Icaedit $568,Sd3 for residual val ue & for design contr&utions: ECO $2 3S,ODO & TOA $146.332 =i_ r by TOA Number of lndow Stalls 24 inte.fest rate 4.M TDA's bond rate duration (years) 40 years I montKy payments 480 months equivalemt monthly rate 0.39% Amortized cap;talt total $53,729 /month Anwrtized capiw, per has per ffmantlh $248 %busf mantic Amortized capital, per bus per sensor $2.97S.35 ;'bus; enr SHARED ASSET MANAGEMENT (AM Portion) Target Assetlteplwoemen Fund 5550-OW HVAC, p;wement. misc. repairs Repl:acement'frequency+ 25 Vears Uroeear set aside : arget $22 40p per year Local Matcb fleec-ed 100% Local lkllatcir AM Set Aside $22,000 to:a i per year Number of StAls 2.1 r 76 ;'bus;',nor%th $917 /busfyear LEASE PAYNIEUT SUMMARY BUSES LARGER THAN32 Ff, FY 2021 Capital po-tion $24S /bus?month, O&M portion $475 /6us}montlh AM portion $76 ,rbus!mo th otal Monthly $799 16us}montlh ToW Seasomat $9589 ibus,/, x BUSES SMALLER TFFAN 32 FT. [Four brses in a row instead af'three) $6-51 EobriI Moothl far 9 Buses t f small bus S4,636.00 ,ar DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 BUS WASH COSTS Operation and Maintenance Costs 2021 2022 Comments V,tilities 5 3 243.35 $ 2,414.57 Gas 516,744.&G-x14%+3% = S2,414.57 $ 4,966.51 $ 4,818.91 Electric S33 418.25x14,%+3 a; = $, ,318.91 5 10 963.33 $ 8,728.44 Water dedicarea tine 58 474.1 + 3% Trash 5 1,200.D0 $ 1,200.00 some Modem 5 1,512.53 $ - tandfine no for er needed R&M Building and Facilities 5 1,700.00 5 10,141.00 HVAC Maint, Garage Door Repair; Chem test, Motor Repair R&M Other Specialized Equipment 5 21 939.00 $ 21,939.00 equipment replacement Other Purchase Contract Service 5 6,OD0.00 5 8,000.00 S)w1ge removal-drair, cieanuut leVash faint Staff Time 5 10,499.82 $ 11,129.80 Bldg Maintenance Staf, 0 8hrslweek +39� Other Misc Operating Supplies 5 9 500.00 $ 5,500.00 suppfies,so,*tner, soap, nozzles, pump and motor repiacement Total Yearly Expense 5 71,524.54 $ 73,871.72 Number of Vehictes Washed Bus Wash/Can-ia a Wash 3,143 $ 3,053.00 202OActuoi Car Wash 892 $ 641.00 202OActual Total Equivilant washes 10,321 $ 9,800.00 Buses are 3 times cars Costfequivilantwashes 5 6.93 $ 7.54 Cost/Bus Wash 5 20.79 $ 22.61 Cost for Car to use Avon Bus Wash 5 7.DO $ 7.50 Fee for Avon Ernp.oyee to download money 5 2.50 $ 2.60 5 min effort 3% increase Fee for Avon Employee to wash busl S 25.75 $ 27.00 5% increase ECO Transit Bus Wash and Fueling $ 52.21 per Bus Fee for Avon Employee to Clean Bus Only $ 27.00 Hand Clean Bus when wash is down Fee for Avon Employee to Fuel Bus Only $ 5.25 As requested by ECO Transit Drivers Fee for Avon Employee to download money Only $ 5.25 1 As requested by ECO Transit Drivers DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 EXHIBIT B-2 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate: At the verbal or written request of ECO Transit, 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 $110.00 per hour for light duty vehicles and equipment and $120.00 per hour for heavy duty vehicles and equipment which is the same rate as previous. Materials and sublet work shall be charged at cost plus twenty-five percent (25%). 2. Fuel Rate: ECO Transit will pay Avon a unit fuel rate of cost plus $0.15/gallon. 3. 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.