ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FIFTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MV PUBLIC TRANSPORTATION, INC.
(RFP NO. 18-006SB – CONTRACTED FIXED ROUTE / CORONA DIAL-A-RIDE (PARATRANSIT) TRANSPORTATION SERVICES)
1. PARTIES AND DATE.
This Fifth Amendment to the Maintenance/General Services Agreement (“Fifth Amendment”) is made and entered into this ________ day of ________________, 2024 by and between the City of Corona (“City”) and MV Public Transportation, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Fifth Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated July 18, 2018 (“Agreement”), whereby Contractor agreed to provide Fixed Route/Dial-A-Ride (Paratransit) Transportation.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about August 13, 2018 (“First Amendment”). City and Contractor entered into that certain Second Amendment to the Maintenance/General Services Agreement on or about June 23, 2021 (“Second Amendment”).
City and Contractor entered into that certain Third Amendment to the Maintenance/General Services Agreement on or about August 4, 2021 (“Third Amendment”). City and Contractor entered into that certain Fourth Amendment to the Maintenance/General Services Agreement on or about April 20, 2022 (“Fourth Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the fifth time to (1) extend the Agreement Term; (2) modify the Rates and Compensation; and (3) replace Exhibit “C-3” ( Compensation) with Exhibit “C-4” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
“ 3.1.2 Term. The term of this Agreement shall be from July 18, 2018 to June 30, 2027 (“Term”), unless earlier terminated as provided herein. Contractor shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.5.8 below ( each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Rates & Total Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
“ 3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-4” (Compensation) attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed the following amounts without written approval of City’s Representative:
(1) for each fiscal year (July through June), the annual costs indicated for Year 1 through Year 9 in Exhibit “C-4” (Compensation) attached hereto, Twenty Million, One Hundred Forty Eight Thousand, Five Hundred Seventy Three Dollars and Seventy Eight Cents ($20,148,573.78) (“Total Compensation”). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “C-3” (Compensation) as amended by the Fourth Amendment is hereby deleted in its entirety and replaced with Exhibit “C-4” (Compensation).
3.4 Continuing Effect of Agreement. Except as amended by this Fifth Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Fifth Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Fifth Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Fifth Amendment.
3.6 Counterparts. This Fifth Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
FIFTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MV PUBLIC TRANSPORTATION, INC.
(RFP NO. 18-006SB – CONTRACTED FIXED ROUTE / CORONA DIAL-A-RIDE (PARATRANSIT) TRANSPORTATION SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Fifth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Jacob Ellis
City Manager
Reviewed By: _________________________
Donna Finch
Community Services Director
Reviewed By: _________________________
Cynthia Lara
Community Assistance Manager
Reviewed By: _________________________
Sudesh Paul
Transit Program Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards
City Clerk
DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
FIFTH AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH MV PUBLIC TRANSPORTATION, INC.
(RFP NO. 18-006SB – CONTRACTED FIXED ROUTE / CORONA DIAL-A-RIDE (PARATRANSIT) TRANSPORTATION SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this Fifth Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
MV PUBLIC TRANSPORTATION, INC.
a California corporation
By: _________________________
Ted Navitskas
General Counsel and Executive Vice-President
By: _________________________
Erin Niewinski
Chief Financial Officer
DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6 ORANGE\DDERLETH\55191.2 PTEAM 03102022
EXHIBIT "C-4"
COMPENSATION
Contracted Paratransit and Fixed Route Transportation Services RFP 18-006SB
MV Transportation, Inc.
2711 N.Haskell Avenue Suite 1500
LB-2 Dallas, TX 75204
Total $20,148,573.78
Pursuant to Section 3.2.12 of the Agreement, a performance bond, as partial security against Contractor’s failure to satisfactorily fulfill all of its obligations under this Agreement, will be required. The performance bond shall be in the amount of ten percent (10%) of the average of the first three contract year amounts (and then each subsequent annual amount). With respect to the City’s management and oversight of Contractor’s Performance Bond obligation, see additional obligations provided for in Section VII (Agency Oversight and Management) of Exhibit “A” (Scope of Services).
Revenue
Hourly Rate
Revenue
Hourly Rate
Total Annual
Cost
Total Annual
Cost
Original Contract
Cost Contract Actuals Contract Utilized (Underrun)/Overrun Fixed-Route Paratransit (Fixed Route) (Paratransit) (Fixed Route) (Paratransit) Year 1 - All routes/paratransit (Base Term) 12,165 12,663 $ 63.11 $ 63.11 $ 767,733.15 $ 799,161.93 $ 1,566,895.08 $ 1,520,943.43 $ (45,951.65) Year 2 - All routes/paratransit (Base Term) 14,753 15,955 $ 62.69 $ 62.69 $ 924,865.57 $ 1,000,218.95 $ 1,925,084.52 $ 1,680,866.27 $ (244,218.25) Year 3 - All routes/paratransit (Base Term) 14,723 16,753 $ 63.31 $ 63.31 $ 932,113.13 $ 1,060,632.43 $ 1,992,745.56 $ 1,397,925.67 $ (594,819.89) Year 4 June-Jan - All routes/paratransit
(Option 1) 14,723 17,591 $ 63.58 $ 63.58 $ 546,051.53 $ 652,420.87 $ 1,198,472.40 Year 4 Feb-June - All routes/paratransit
(Option 1) 14,723 17,591 $ 73.78 $ 73.78 $ 452,609.56 $ 540,776.66 $ 993,386.22 $ 1,611,823.75 $ (580,034.87) Year 5 - All routes/paratransit (Option 2) 14,753 18,740 $ 77.84 $ 77.84 $ 1,148,373.52 $ 1,437,704.80 $ 2,586,078.32 $ 2,164,226.28 $ (421,852.04) Revenue
Hourly Rate
Revenue
Hourly Rate Total Annual CostTotal Annual Cost Newl Proposed Annual Cost Projected
Contract Actuals
Proposed Utilized
(Underrun)/Overrun
Fixed-Route Paratransit (Fixed Route) (Paratransit) (Fixed Route) (Paratransit) Year 6 - Option Pricing 14,753 18,740 $ 83.17 $ 83.17 $ 1,227,007.01 $ 1,536,149.90 $ 2,763,156.91 $ 2,763,156.91 $ - Year 7 - All Routes / paratransit (extension) 14,753 14,500 $ 99.11 $ 99.11 $ 1,462,169.83 $ 1,437,095.00 $ 2,899,264.83 $ 2,899,264.83 Year 8 - All Routes / paratransit (extension) 14,753 14,500 $ 102.38 $ 102.38 $ 1,510,412.14 $ 1,484,510.00 $ 2,994,922.14 $ 2,994,922.14 Year 9 - All Routes / paratransit (extension) 14,753 14,500 $ 106.50 $ 106.50 $ 1,571,194.50 $ 1,544,250.00 $ 3,115,444.50 $ 3,115,444.50 Total $ 22,035,450.48 $ 20,148,573.78 $ (1,886,876.70)
DETAILS OF COST BY YEAR
Annual Cost - Retroprospetive
Projected Revenue
Hours
Annual Cost - Prospetive
Projected Revenue
Hours
DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6 6 (BB&K: 9
-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6 7 (BB&K: 9
-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022 + / - CHANGE IN HOURS RATE IF INCREASE RATE IF DECREASE Year 1
0 – 15% $ 63.11 $ 63.11
16 – 25% $ 61.05 $ 71.47
26 – 35% $ 59.96 $ 74.92
Year 2
0 – 15% $ 62.69 $ 62.69
16 – 25% $ 60.72 $ 70.55
26 – 35% $ 59.67 $ 73.79
Year 3
0 – 15% $ 63.31 $ 63.31
16 – 25% $ 61.59 $ 71.10
26 – 35% $ 60.53 $ 74.28
Year 4 - June - January
0 – 15% $ 63.58 $ 63.58
16 – 25% $ 62.16 $ 71.07
26 – 35% $ 61.13 $ 74.05
Year 4 - February - June
0 – 15% $ 73.78 $ 73.78
16 – 25% $ 72.09 $ 81.56
26 – 35% $ 70.88 $ 84.84
Year 5
0 – 15% $ 77.84 $ 77.84
16 – 25% $ 76.45 $ 85.84
26 – 35% $ 75.19 $ 89.15
Year 6
0 – 15% $ 83.17 $ 83.17
16 – 25% $ 81.69 $ 91.72
26 – 35% $ 80.34 $ 95.26
Year 7
0 – 15% $ 99.11 $ 99.11
16 – 25% $ 92.02 $ 113.72
26 – 35% $ 88.88 $ 123.18
Year 8
0 – 15% $ 102.38 $ 102.38
16 – 25% $ 95.17 $ 117.16
26 – 35% $ 92.09 $ 126.67
Year 9
0 – 15% $ 106.50 $ 106.50
16 – 25% $ 99.04 $ 121.68
26 – 35% $ 95.85 $ 131.46
PRICING FOR CHANGES IN REVENUE SERVICE HOURS AT 16% OR MORE SUPPLEMENT C TO FORM 60
VARIABLE RATE SCHEDULE
DocuSign Envelope ID: F1432EBA-651F-463F-8678-2297A83A3DB6