HomeMy WebLinkAbout05-21-2021 First Transit Agreement Amendment No. 4AMENDMENT TO AGREEMENT
NO. 4
THIS AMENDMENT TO AGREEMENT is made on _____________________________, by and
between the CITY OF SAN LUIS OBISPO a municipal corporation and charter city, hereinafter
referred to as “CITY” and FIRST TRANSIT INC., hereinafter referred to as “CONTRACTOR.”
WITNESSETH:
WHEREAS, on June 16, 2015, the City entered into an Agreement with Contractor for Transit
Operations & Maintenance (Agreement); and,
WHEREAS, on April 5, 2018, the City and Contractor entered into an Amendment to Agreement
No. 1, amending the scope of services to reflect changes in Revenue Service Hours as a result of the
implementation of Short-Range Transit Plan; and
WHEREAS, on January 8, 2019, the City and Contractor entered into an Amendment to Agreement
No. 2, amending the scope of services to reflect the pass-thru purchase of an Automatic Vehicle Location
System; and
WHEREAS, on March 3, 2020, the City and Contractor entered into an Amendment to Agreement
No. 3, to exercise the first of three possible extensions provisioned within the original contract at a negotiated
price; and
WHEREAS, the Agreement’s term is set to expire on June 30, 2021 and the City desires to exercise a
second one-year contract extension option as indicated in the Agreement’s Section 2.c.; and
WHEREAS, the Agreement requires the City and Contractor to negotiate the price formulas for the
one-year contract extension; and
WHEREAS, the Contractor has submitted a proposal for this purpose and said proposal is acceptable
to the City. Attached hereto as attachment A is a copy of the Contractor’s Proposal.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM OF AGREEMENT
Term. Subject to the terms and conditions of this agreement, the term of this agreement shall be
from July 1, 2021 through and including June 30, 2022.
2. MAXIMUM OBLIGATION
City agrees to pay Contractor in consideration for its services as described herein.
The maximum cost to be paid by City to Contractor shall not exceed $2,883,946 based on
services in Agreement’s Exhibit A.
3. PRICE FORMULA
City agrees to pay Contractor for performance of the services set forth in this agreement as
follows:
a. Payment of a fixed hourly rate per vehicle service hour of $38.92 in Year One;
A vehicle service hour is defined as on vehicle providing passenger service for one hour
during the service hours specified herein. A vehicle service hour shall be deemed to have
commenced when a vehicle leaves CITY’s Transit Center (located at 990 Palm Street) to
provide the services required herein and shall not include any out-of-service vehicle time
used for vehicle operator breaks or lunches. A vehicle service hour shall terminate when a
vehicle returns to CITY Transit Center prior to any cleaning, servicing or fueling of the
vehicle. The hourly rate shall include vehicle operator wages, fringe benefits, indirect labor
and all consumable material costs that can be tracked by vehicle service hour such as
vehicle maintenance parts and supplies including oil.
b. Payment of a fixed monthly rate of $100,201.89 in Year One; to compensate
CONTRACTOR for all work to be performed under this agreement as defined in Exhibit
A, except that which is included under Paragraph 5(a) and Paragraph 7 of this agreement
including, but not limited to: vehicle operator non-service wages; management, controller
and maintenance employee wages and said employees fringe benefits and indirect labor
costs; bus washing and cleaning supplies; uniforms; report reproduction; office supplies;
project telephones; all other related operational costs; and the contract management fee.
c. Payment of a fixed monthly rate of $11,888.16 in Year One; for the cost incurred in
providing all vehicle and general liability insurance required under this agreement as such
insurance is defined in this agreement. This amount shall be in excess of the fixed
monthly rate as defined herein. CITY reserves the right, however, to alternatively secure
all or part of the specified insurance coverage
4. EXTRA SERVICES
Special promotional and community services shall be considered extra services and will be
provided only with the authorization of City and the mutual consent of the Contractor. Such
services shall be defined as those non-permanent service hours operated outside of the
services identified in Exhibit A. Extra services shall be considered a change to this agreement
as defined herein and shall be in excess of the maximum price defined in Paragraph 4. The
costs for extra services will be determined at a rate per vehicle service hours of $38.92 in
Year Four and billed separately from the services specified in the Agreement’s Exhibit A.
5. All other terms and conditions of the Agreement, Amendment No. 1, Amendment No.
2, and Amendment No. 3 remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and
through their respective officers thereunto duly authorized on the date written below their signatures.
ATTEST: CITY OF SAN LUIS OBISPO
By:
Teresa Purrington, City Clerk Mayor Heidi Harmon
APPROVED AS TO FORM: CONTRACTOR: FIRST TRANSIT INC.
By: ___
J. Christine Dietrick, City Attorney Fadi Chakbazof, Senior Vice President