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HomeMy WebLinkAboutRENEWAL AND AMENDMENT OF AUGUSTA PUBLIC TRANSIT MANAGEMENT AND OPERATION AGREEMENT SECOND AMENDMENT TO AUGUSTA PUBLIC TRANSIT MANAGEMENT AND OPERATION AGREEMENT DATED: JULY 25,2013 THIS SECOND AMENDMENT to the Augusta Public Transit Management and Operation Services Agreement dated July 25,2013 with an effective date of August 1, 2013 (the "Agreement"), by and between Augusta, Georgia and RATP Dev USA, Inc. (f/k/a McDonald Transit Associates, Inc.),(hereinafter collectively referred to as the"Parties")is made and entered into this (a th day of Akh etrtbe.r', 2018 to be effective as of 12:01 a.m. on August 1,2018. WHEREAS,the Parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Agreement, then, notwithstanding any term in the Agreement, the following terms and conditions govern and control the rights and obligations of the parties. NOW, THEREFORE, in consideration of the Parties agreeing to amend their obligations in the existing Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both Parties agree to amend the Agreement as follows: 1. SECTION 1(A). TERM OF AGREEMENT AND RENEWAL of the Agreement the Parties are exercising the Second Renewal Term of August 1, 2018 to July 31, 2020 as described in Section 1(A) of the Augusta Public Transit Management and Operation Agreement. 2. EXHIBIT D MAINTENANCE PART A GENERAL TERMS of the Augusta Public Transit Management and Operation Agreement is deleted in its entirety and replaced with the following: MAINTENANCE The Contractor shall perform the duties and accept the responsibilities set forth below in connection with the maintenance of APT vehicles and equipment. A. General Terms 1. The Contractor shall be responsible for the maintenance of all vehicles and all other equipment,furnishings and accessories required in connection with the operation of the system,with the exception of the radio communications. Such items shall be in clean, safe, sound and operable condition at all times and in full accordance with any manufacturer recommended maintenance procedures and specifications. In addition, items shall be maintained in compliance with all applicable requirements of Federal, State and Augusta statutes or regulations. 2. Major Component Rebuild. Periodically, engine and transmission rebuilds or replacements will be required to improve the asset condition and maintain the vehicle in manner that exceeds the life of this agreement and in accordance with FTA useful life standards. The current condition of the transit fleet engine and transmissions will be carefully monitored by the contractor. The engines and transmissions that require rebuild or replacement exceeding ($5,000.00) will be eligible for major component funding through FTA Grants. This process requires the contractor to submit a major component capital request. Augusta agrees to set aside up to one- hundred thousand dollars ($100,000.00) of approved FTA Section 5307 capital grant proceeds in each year of the contract renewal to be used toward engine and transmission rebuild or replacement.This program is designed to allow Augusta, to pay the rebuild or replacement cost of engines or transmissions through capital grant proceeds. The 20% local match shall be paid by the contractor. The 80% Federal/State share shall be paid to the contractor upon completion of the rebuild. These funds cannot be used for engine or transmission replacements in Rural route vehicles which are funded by the State of Georgia through FTA's Section 5311 grant funds. 3. In this regard,the Contractor shall provide all labor, repairs,parts, supplies, lubricants, solvents, and all other components, services,tools and equipment not provided by Augusta, Georgia that may be required to fulfill its maintenance responsibilities, at the Contractor's cost and expense. 4. In the event that Augusta, Georgia provides the Contractor with additional buses and/or equipment in the future,the Contractor shall acknowledge receipt of such additional items upon their delivery to and acceptance by Augusta, Georgia. 5. Upon termination of the Contract,the Contractor shall return all Augusta equipment to Augusta, Georgia, ready for use, with no deferred maintenance or damage. The specific procedures to be followed for this turnover are outlined in this section. 3. SECTION 18—MISCELLANEOUS PROVISIONS of the Augusta Public Transit Management and Operation Agreement is amended to add a new Part GG as follows: GG. Effective Service Hour Rates for Second Renewal Term(Augusta 1,2018 to July 31,2020).See Exhibit F 4. Add a new EXHIBIT F to the Augusta Public Transit Management and Operation Agreement as follows: EXHIBIT F Effective Service Hour Rates for Second Renewal Term (Augusta 1,2018 to July 31,2020) Service Hour Rate These are the effective rates,estimated service hours,and cost for the second renewal period: Estimated Cost and Revenue Hours in Year 7 of the Contract(8%Extra Contractual Equity Increase) Year 7 August 1,2018 to New Facility Estimated Revenue Hours Rate Total Fixed Route 43,751.21 $79.02 $3,457,220.61 ADA 14,032.17 $57.48 $ 806,569.13 Rural 10,312.47 $86.13 $ 888,213.04 $5,152,002.79 Estimated Cost and Revenue Hours in Year 8 of the Contract(2%Increase) Year 7 continued New Facility to 7/31/19 Estimated Revenue Hours Rate Total Fixed Route 43,751.21 $80.60 $3,526,347.53 ADA 14,032.17 $58.63 $ 822,706.13 Rural 10,312.47 $87.85 $ 905,950.49 $5,255,004.14 Estimated Cost and Revenue Hours in Year 8 of the Contract(396 increase) Year 8 August 1,2019 to 7/31/20 Estimated Revenue Hours Rate Total Fixed Route 43,751.21 $83.02 $3,632,225.45 ADA 14,032.17 $60.39 $ 847,402.75 Rural 10,312.47 $90.49 $ 933,175.41 $5,412,803.61 2 5. All other terms of the Augusta Public Transit Management and Operation Agreement remain in effect. 6. This Agreement Amendment is not effective until fully executed by all Parties. [THIS SECTION INTENTIONALLY LEFT BLANK] 3 IN WITNESS WHEREOF,the parties have executed this Agreement under seal as of the date first written above. AUGUSTA,GEORGIA ile 400,411111 Hardie Davis, Jr., Mayor 1zj031 : 0 Attest: 0 oer�s ' A � 3, ae „� , 11 .1,taila4iiiir Al Fcn: J. :- ` 'i ,' llerkscf Com.phission F ., '44tVivoikuiret4efr RATA Dev USA, Inc. 4