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HomeMy WebLinkAboutC18-010 Town of AvonFOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE & SERVICE AT THE 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY THIS FOURTH AMENDMENT ("Fourth Amendment") is effective as of 01/12/2018 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, the Parties desire by this Fourth Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. FOURTH 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 (the Lease Payment Calculation), with the new Lease Payment Calculation attached hereto as Exhibit A-5, and incorporated herein by reference. 2. The Original Agreement shall be amended by replacing, in its entirety, Section 3. Premises as follows: C18-010 ECO shall lease a minimum of nine (9) indoor bus storage spaces within the RTOF for the storage of transportation buses from the ECD fleet for the term of this IGA. ECD may reduce the minimum number of spaces leased by giving written notice to Avon no later than May 1 preceding the commencement of the next renewal Term (i.e. six (6) months advance written notice. The leased premises are located on the southern portion (lowest graded tier) of the RTOF. In addition to bus storage, ECD shall have access to and use of common areas, including and limited to: employee lockers, bathrooms, break room (including amenities such as TVs, computers and printers), kitchen (including amenities such as coffee, coffee makers and refrigerators), quiet resting room, dispatch room, vault room, wash bay, small training room, elevator, stairs and hallway areas. ECD understands that Avon shall utilize other bus storage spaces in the Premises for its own use and shall lease bus storage spaces to other entities and that Avon and other entities will also use common areas. 3. The Original Agreement shall be amended by replacing, in its entirety, Section 6. Variable Use Charges Subsection (b) Vehicle Fluids/Wash as follows: Avon operates an enterprise fund for the vehicle fluids and wash bay and reserves the right to annually adjust the prices of vehicle wash and related services each year. The initial rates are as follows: Buses 35' or larger at $66 per wash and small vehicles at $29 per wash. Vehicle washing/fluids and the labor necessary for interior/exterior cleaning are included in these rates. Additionally, Avon will provide routine fare box services for each vehicle so equipped which will include electronic scanning, removing, emptying and replacing of fare boxes. 4. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fourth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Fourth 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 6. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors,and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fourth 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 COMM SIONFR �� BK.. ,�aaoe.suo o y: Attest: L�Pgrs� Regina O'Brien, Clerk to the Board ]illian H. Ryan, Chair TOWN 0FAY0N.m...o-- G�vY��tC2 By_ Virginia C. Egger, Town Manager Attest: Lz�By:v Debbie Happe, Town Clerk 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-5 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 forthe term of the Agreement. O&M costs will be audited each year and may be subject to change upon written notice bythe 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 and Maintenance Cost FY 261 7 FY 2018 Comments Project -ed Current Cost Costs Utilities $34,D23 $35,000 518,282.79-Gosx62%=$11,335 $31,913.53 — flectria x fit% = $19, 786 $4,680.46— Water & Sarrrtmian x 62%= $2,902 Total.- $35,000 = $34,023 + S977 rrrjiaaup Snow Management $7,DB7 $7,442 $11,812jyear-adgJ'WGukh (60140 Tran5NlFieer�= $7087+ 5% Onflation Pest Control $1,498 $1,488 Ork�n$240ax62%.--$1,499 security $2,D00 $2,000 so,+tware and Key Card Mainieeiace Broadband/Internet(Wi-Fi $ - Sepnmre cnunrydile in use an[to rial $9,532 $10JOD9 Mnrer-2hrsjdayx7days1weekx21weeks x$21.921hr_ = S6,415 x 67%=53,477 Sommer- 2hrsfday x 3 daysfweek x 31 weeks x 521.921tw = 54.059 x 629 = 52,517 -11'eanrng Contractor and supoies $4,-gXx623r; 3,038 +5% rn o fon Coffee Service $2,056 $2JD0 Computer and Printer $0 $0 Currently using Avon Computer and fW printer Telephone $1,550 $1,550 57500x62% Insurance Premium $8,497 $8,922 ($13705x 62K +SPS Building Maintenance (Facilities) $44,576 $40,576 HVAC AMSMointenanreeQntrurtsigned2016 $4,952 x 62$3070.24 fievotormarntenance $5,200x 62%46,224 8o��er lnspeetioo $2,IX�1Q x 6F7o- $1,240 Fire Arlarms $1,225x 62$759.50 FaOPMes Stuff WaIntenarce farorrepair and mainrenance, light parrs and maintienace, roalmainrenance, inspections) 552,062 x 629,- $32,2&2.16 Total $106,849 $109,486 Per bus stall per month $371,00 $379 PAGE 1 of 3 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY SHARED CAPITAL INVESTMENT (Capital Pardon) Local Match(credit $558,843 for residual value &fo-r design c❑ntributians= ECO $238,000 &TDA $146,332 $1,289,489 funded via hands by TOA Number of Indoor Stalls 24 interest rate 4.69% TDA's bond rate duration (years) 40 years 9 monthly payments 480 months equivalent manthIV rate 0.39% Amartized capita 1, tvta1 $5,957 /month Amortized capkal, per bus per mioath $2-48 /bus/ month Am-artized capital, per bus per season $2,978.35 /bus/year SHARED ASSET MANAGEMENT AM ortion Target Asset Replacement Find $550,000 HVAC, pavement, mist. repairs Replacement Frequency 25 years Linear -set asidetarget $22,000 peryear Lacal Match Needed 100% /bus/month Local Match AM SetAside $22,000 total peryear Number of Stalls 24 Jbus/month Total Seasonal $76 /bus/month Total MonthIyfor9 Bus as $917 /bus/year LEASE PAYMENT SUMMARY BUSES FY 2018 LARGER THAN 32 FT. Capital portion $248 /bus/month O&M portion $379 /bus/month AM portion $76 /busfmonth Total Monthly $703 Jbus/month Total Seasonal $8,436 /bus/year Total MonthIyfor9 Bus as $ 5,924 /year BUSES SMALLER THAN 32 FT. (Four buses in a row instead of three) 1528 PAGE 2 of 3 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY BUS WASH COSTS Operation and Maintenance! Costs 2017 2818 Comments ultilities $ 2,559.59 $ 2,559.59 Gus$18,282.79x14%=$2559.59 $ 4,468.00 $ 4,468.00 Electric $'31r913.5S x 14% = $4,468 $ 8,668.11 $ 8,929.15 W anter dedic ted time x 3% Trash $ 1,200.00 $ 1,200.00 Maden $ 1,512.53 $ 1,512.53 Modem R&M Building and Facilities $ 693.28 693.28 HVA C AMS Muinrenunre ronrrarr signed 2.026 $4?952x I43i=5693.28 R&M other Sped alined Equipment $22,236.00 $22,236.00 eguipmentrepiucement Other PurchasefContract Service $ 4,250.40 $ 4,462.50 Sludge removo�-storm drain? cieor?out Staff Time $ 9,152.04 $ 9,609.60 Bldg Muintenunce Stuff 9 Shrslweek Other Misc Operating Supplies $ 7,320.33 $ 7,686.35 Soup morales, etc Total Yearly Expense $ 62,059.84 $63,356.00 Number of Vehicles Washed Bus Wa sh/Ca rri ag a Wash 2304 2304 2016 Actuals Car Wash 895 895 2016 Actuuls Total Equivilant washes 7807 7807 2016 Actouls Cost/equivilant washes 9.54 9.54 Buses are 3 times curs Cost/Bus Wash $ 28.62 $ 28.62 Cost for Car to use Avon Bus Wash $ 10.00 $ 10.00 Fee for Avon Employee to download money $ 2.50 5 min? effort Fee for Avon Employee to wash bus $ 22.00 $ 23.00 ECO Transit Bus Wash and Fueling $ 54.12 per Bus Fee for Avon Employee to Clean Bus Only $ 23.0a Hand Clean Bus when wash is down Fee for Avon Employee to Fuel Bus Only $ 5.0D As requested by ECD Transit Drivers Fee for Avon Employee to download money Onlyl $ 5.00 As requested by ECD Transit Drivers PAGE 3 of 3 1-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY