Contract - Capital Metropolitan Transportation Authority - 9/12/2024 (2) SECOND AMENDMENT
TO THE
INTERLOCAL AGREEMENT
FOR
TRANSIT SERVICES
BY AND BETWEEN
CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY AND
THE CITY OF ROUND ROCK
This Second Amendment (this "Amendment') to the Interlocal Agreement is made by and
between the City of Round Rock, a home rule city and municipal corporation, organized
under Chapter 9 of the Local Government Code (the "City") and Capital Metropolitan
Transportation Authority ("CapMetro"), a political subdivision of the State of Texas
organized under Chapter 451 of the Texas Transportation Code. The City and CapMetro
are referred to in this Amendment individually as a "Party" and collectively as the "Parties."
RECITALS
a. CapMetro and the City entered into that certain interlocal agreement for contracted
transit services effective as of October 4, 2022, as amended by that certain First
Amendment to the Interlocal Agreement for Transit Services dated effective
October 1, 2023, pursuant to which CapMetro provides local fixed route service
within the City, commuter service to Austin and reverse commuter service to the
City (the "Agreement").
b. The Parties desire to amend the Agreement as more particularly described herein
to extend the term of the Agreement, add funds for the extended term, update the
bus routes, vehicle hours and vehicle requirements for the extended term, and
modify certain terms only as set forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein
contained, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree to amend the Agreement as follows:
1. Additional Term, Section 4 of the Agreement is hereby amended to extend the
Term of the Agreement for an additional twelve-month period beginning on
October 1, 2024, through September 30, 2025 ("FY2025°).
2. Fees for Transit Services. The amount of funding for the Transit Services for
FY2025 shall not exceed $1,347,647.00 as shown in SFP-1 Schedule of Fees
and Payments, as amended below.
3. Fare Recovery. During FY2025, CapMetro will deduct the following amounts from
each monthly invoice for fare recovery:
a. For Bus Routes 50 (Round Rock). 152 (Round Rock Tech Ridge Limited)
and 980 (North Mopac Express), CapMetro will deduct an amount equal to
the product of: (i) the total cost of Transit Services provided by CapMetro
under this Agreement for the invoiced month and (ii) CapMetro's actual fare
recovery percentage for the invoiced month.
b. The monthly CapMetro fare recovery percentage will be calculated by
dividing the total amount of actual fares collected for all Transit Services
provided by CapMetro in the invoiced month, by the total amount of
CapMetro's operation costs for the invoiced month.
4. Vehicle Hours. Section 2 of SOS-1-Scope of Services is revised to reflect that the
Transit Services shall include three (3) bus routes: Bus Routes 50 (Round Rock).
152 (Round Rock Tech Ridge Limited) and 980 (North Mopac Express).
Vehicle hours for Route 980 (North MoPac Express) will be shared with CapMetro
service from the Howard Express Station. The City is responsible only for the
vehicle hours from Round Rock to Howard Express Station. CapMetro is
responsible for vehicle hours from Howard Express Station to downtown Austin.
5. Vehicle Requirements. Section 3.1 of SOS-1-Scope of Services is revised to
reflect that only one (1) peak vehicle is required for Bus Route 50.
6. Schedule of Fees and Payments. Attachment SFP-1 Schedule of Fees and
Payments is amended by adding the following schedule of fees and payments for
FY2025.
FY2025 Route 50 Route Route Total
152 980
Annual Hours 5,100 2,444 778 8,322
Hourly Operating Rate $149.04 $149.04 $155.06
Total Annual Hourly Operating $760,104 $364,254 $120,637
Cost
Annual TAM $39,307 $39,307 $24,038
Total Fixed Route Cost $799,411 $403,561 $144,675 $1,347,647
*The estimated annual hours are subject to change.
7. Insurance, Attachment INS-I Insurance is deleted in its entirety and replaced with
INS-2 Insurance which is attached hereto and incorporated herein for all
purposes.
8. Effect of Amendment. Except as expressly provided herein, all other provisions of
the Agreement are incorporated into this Amendment, remain unchanged, are in
full force and effect, and are ratified and affirmed by the Parties. By their execution
and delivery of this Amendment neither Party waives or releases any default
hereunder.
9. Capitalized Terms. Capitalized terms used in this Amendment and not otherwise
defined have the meanings assigned to them in the Agreement.
10. Entire Agreement. This Amendment represents the entire agreement between the
Parties concerning the subject matter of this Amendment and supersedes any and
all prior or contemporaneous oral or written statements, agreements,
correspondence, quotations and negotiations.
11.Effective Date. This Amendment will be effective on the date of the last Party to
sign.
12.Current Funds. The party or parties paying for the performance of governmental
functions or services shall make payments therefore from current revenues
available to the paying party.
13. Incorporation. The recitals set forth above and the attached exhibits are
incorporated herein.
14.Counterparts; Electronic Signatures. This Amendment may be executed in any
number of duplicate originals and each duplicate original will be deemed to be an
original. This Amendment may be executed in any number of counterparts, each
of which constitutes an original, and all the counterparts together constitute one
and the same Amendment. Electronic copies of this Amendment and signatures
thereon will have the same force, effect, and legal status as originals.
IN WITNESS WHEREOF this Amendment is hereby accepted and agreed to by the
following representatives of each Party who are duly authorized to bind the Parties
Capita[T,&rED Iii anie WatkS ortation Authority City of R nd, ck
OttBy on 2024-09-26 11:29:35 GMT By
Dottie Watkins Craig M gan
President & CEO Mayor tt��
Date September 26, 2024 Date
Approved as to form Approved as form ...
E-SIGNED by Brad Bowman
By on 2024-09-26 03:52:04 GMT By;
Deputy Counsel City Attorney
INS-2 INSURANCE
CAPMETRO MINIMUM COVERAGE REQUIREMENTS
FOR CONTRACTORS
1. Commercial General Liability Insurance Coverage with limits of not less than One
Million Dollars and No/100 Dollars ($1,000,000) with combined single limit of
$2,000,000 with coverage that includes:
• Premises/operations
• Independent contractors
• Personal Injury
• Contractual Liability pertaining to the liabilities assumed in the agreement
• Underground (when ground surface is disturbed)
Such insurance shall include a contractual endorsement pertaining to the liabilities
assumed in the Agreement.
All Coverages shall be listed on front of the certificate, and listing the
Contractor as the certificate holder and Capital Metro as an additional insured.
2. Comprehensive Automobile insurance coverage with minimum limits of not less than
One Million Dollars and No/100 Dollars ($1,000,000) with combined single limit of
$2.000,000.
3. Workers' Compensation with Statutory limits.
4. Employer Liability Insurance with minimum limits of$1,000,000. Such insurance shall
include a contractual endorsement which acknowledges all indemnification
requirements under the Permit.
5. Railroad Protection in the minimum amount of $5,000,000 when construction
activities (e.g. excavation, demolition, utility installations, operation of cranes and other
construction equipment that have the potential to enter the right-of-way...) are within 50-
feet of the nearest railroad track.
Note: Such policies of insurance and certificates shall provide (i) that Capital Metro is
named as an additional insured, (ii) that the named insured's insurance is primary and
non-contributory with any insurance maintained by Capital Metro, (iii) a contractual
waiver of subrogation where required by written contract or agreement. and (iv) that
Capital Metro shall receive notice of any cancellation of the policy.
All insurance policies shall be written by reputable insurance company or companies
acceptable to Licensor with a current Best's Insurance Guide Rating of A+ and Class
XIII or better. All insurance companies shall be authorized to transact business in the
State of Texas.