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Home My WebLink AboutC21-012 Town of Avon IGA_seventh amendmentSEVENTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE & SERVICE AT THE I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY THIS SEVENTH AMENDMENT ("Seventh Amendment") is effective as of ______________ 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, the Parties desire by this Seventh Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. SEVENTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C 1/12/2021 C21-012 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-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 Seventh Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Seventh Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Seventh Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Seventh 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 Seventh Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C IN WITNESS WHEREOF, the parties hereto have executed this Seventh 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: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board Town of Avon By: Signature _________________________________ Name and Title: Eric Heil, Town Manager Attest: By: Signature ___________________________________ Name and Title: Brenda Torres, Town Clerk DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C FY 2020 FY 2021 Comments Projected Costs $22,492.05 ‐ Gas x 62% = $13,945.07 $34,441.83– Electric x 62% = $21,353.93 $4,929.21 – Water & Sanitation x 62% = 3,056.11 Total: $13,945.07 + $21,353.93 + $3056.11 + 1150.65 (3% inflation) Snow Management $7,442 $7,442 $11,812/year‐all of Swift Gulch (60/40 Transit/Fleet)= $7,087 Pest Control $1,532 $900 Orkin Contract Security $2,060 $6,348 Security, Alarms & sprinklers Broadband/Internet/Wi‐Fi $0 $0 Separate County line in use $13,468 $13,000 contract and Avon Staff Coffee Service $2,100 $2,100 same Computer and Printer $0 $0 Currently using Avon Computer and ECO printer Telephone $1,550 $1,550 $2,500 x 62% Insurance Premium $10,178 $11,195 $18,056 x 62% Building Maintenance (Facilities)$35,000 $27,030 Total $110,366 $109,071 Per bus stall per month $383.21 $378.72 Operations and Maintenance Cost Utilities $37,036 Janitorial $39,506 DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C 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 interest rate 4.69% TOA's bond rate duration (years) 40 years # monthly payments 480 months equivalent monthly rate 0.39% Amortized capital, total $53,729 /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% Local Match AM Set Aside $22,000 total per year Number of Stalls 24 $76 /bus/month $917 /bus/year LEASE PAYMENT SUMMARY BUSES LARGER THAN 32 FT. Capital portion $248 /bus/month O&M portion $378 /bus/month AM portion $76 /bus/month Total Monthly $702 /bus/month Total Seasonal $8,424 /bus/year BUSES SMALLER THAN 32 FT. (Four buses in a row instead of three)$589 Total Monthly for 8 Buses + 1 small bus $74,460.00 /year FY 2021 DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C BUS WASH COSTS Operation and Maintenance Costs 2020 2021 Comments Ultilities 2,792.24$ 3,243.35$ Gas $22,492.05x14%+3% = $3243.35 4,666.62$ 4,966.51$ Electric $34,441.83x14%+3% = $4,966.51 10,005.60$ 10,963.33$ Water dedicated Line ($10,644.01) + 3% Trash 1,200.00$ 1,200.00$ same Modem 1,512.53$ 1,512.53$ Modem R&M Building and Facilities 714.00$ 1,700.00$ 14% HVAC maint and chem test R&M Other Specialized Equipment 21,939.00$ 21,939.00$ equipment replacement Other Purchase/Contract Service 4,596.00$ 6,000.00$ Sludge removal‐drain cleanout/Wash Maint Staff Time 10,194.94$ 10,499.82$ Bldg Maintenance Staff @ 8hrs/week +3% Other Misc Operating Supplies 7,000.00$ 9,500.00$ supplies,softner, soap, nozzles, pump and motor repair Total Yearly Expense 64,620.93$ 71,524.54$ Number of Vehicles Washed Bus Wash/Carriage Wash 2,841 3,143 2019 Actual Car Wash 899 892 2019 Actual Total Equivilant washes 9,422 10,321 Buses are 3 times cars Cost/equivilant washes 6.86$ 6.93$ Cost/Bus Wash 20.50$ 20.79$ Cost for Car to use Avon Bus Wash 7.00$ 7.00$ Fee for Avon Employee to download money 2.50$ 2.50$ 5 min effort Fee for Avon Employee to wash bus 25.00$ 25.75$ 3% increase 49.04$ Per Bus 25.75$ Hand Clean Bus when wash is down 5.00$ As requested by ECO Transit Drivers 5.00$ As requested by ECO Transit Drivers ECO Transit Bus Wash and Fueling Fee for Avon Employee to Clean Bus Only Fee for Avon Employee to Fuel Bus Only Fee for Avon Employee to download money Only DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C EXHIBIT B-1 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 (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. DocuSign Envelope ID: 44FD4C2E-0D43-4466-B323-E158364C3B8C