2007/10/17 Council Agenda Packet

Contract Change Agreement#3 This Contract Change Agreement#3 ("CCA#3") is executed by and between ERG Transit Systems (USA) Inc, a California corporation and wholly owned subsidiary of ERG Limited, an Australian corporation, (hereinafter referred to as the "Contractor") and each of the following seven public transportation agencies (hereinafter referred to individually as an "Agency" or collectively as the "Agencies"): 1. Central Puget Sound Regional Transit Authority ("Sound Transit") 2. King County ("King County") 3. Kitsap County Public Transportation Benefit Area ("Kitsap Transit") 4. Pierce County Public Transportation Benefit Area ("Pierce Transit") 5. Snohomish County Public Transportation Benefit Area ("Community Transit") 6. City of Everett ("Everett") 7. State of Washington, acting through the Washington State Department of Transportation, Washington State Ferries Division ("WSF") Background A. Effective April 29, 2003, each of the Agencies and the Contractor entered into Contract #229944 ("Contract") to implement a Regional Fare Coordination System ("RFC System") to establish a common fare system utilizing smart card technology. The Contractor is responsible for the development, implementation, operation and maintenance of the RFC System as specified in the Contract. B. In June of 2006, the Parties agreed to Contract Change Agreement#2 ("CCA#2") which included, among other provisions, a new Project Schedule and a number of Contract modifications related to Phase 1 testing, through the completion of the Beta Test. C. The Parties have engaged in extensive discussions about the results of the Beta Test, the lessons learned, the scope of revisions that need to be made before commencing revenue service, alternative approaches to conducting the development, testing, training and other Work of Phase 2, and the Schedule for Phase 2. Contract Change Agreement#3 1