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HomeMy WebLinkAboutC14-325 RAE Consultants, Inc. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND RAE CONSULTANTS,INC. THIS AGREEMENT("Agreement")is effective as of the g 0 day of August,2014 by and between RAE consultants,Inc. a Colorado Corporation(hereinafter"Consultant"or"Contractor")and Eagle Count y, Colorado, a body corporate and politic(hereinafter "County"). RECITALS WHEREAS,the County led a procurement to purchase cutaway vehicles with federal grant dollars for the Colorado Mountain Purchasing Consortium(CMPC)as outlined in Section 1.1 hereunder(the"Project); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below " rY P in paragraph 1 hereof; and WHEREAS,this Agreement shall govern the relationship between Consultant and County in connection with the Services. AGREEMENT NOW,THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor,personnel and materials necessary to perform and complete the services described in Exhibit A, 2014-2019 CMPC Body on Chassis Procurement and Contract Management, ("Services")which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than December 31,2019 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County's Representative. The ECO Transit Department's designee shall be Consultant's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of December, 2014 with annual renewal based on budget appropriations through the 31'of December 2019. 4. Extension or Modification. This Agreement may not be amended or supplemented,nor may any obligations hereunder be waived, except by agreement signed by both parties.No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed$20,850 in 2014, $11,000 annually 2015 through 2018, and$6,000 in 2019. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries,bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County,if any, shall forthwith be returned to County. 2 Eagle County Prof Services Final 1/14 d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after,nor shall any payments be made to Consultant in respect of any period after December 31 of any year,without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et. seq.)and the TABOR Amendment(Colorado Constitution,Article X, Sec. 20). 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant,to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant,by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process.The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant's sole cost and expense,the following insurance coverage e with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County,with limits of liability of not less than$1,000,000 per claim and$2,000,000 in the aggregate. In the event the professional liability 3 Eagle County Prof Services Final 1/14 insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees,agents and volunteers as additional insureds. ii. Consultant's certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s)for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an"A.M.Best"rating of not less than A-VII. iv. Consultant's insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty(30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant's certificate of insurance evidencing all required coverage(s)is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from County, and hereby authorizes Consultant's broker,without further notice or authorization by Consultant,to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant,at its own expense,will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. 4 Eagle County Prof Services Final 1/14 ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers' compensation benefits except as provided by the Consultant,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses,claims, damages or liabilities arise out of, directly or indirectly,this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss,claim,damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights)to the same as County shall from time to time request. For purposes of this paragraph,the term"documents"shall mean and include all reports,plans, studies,tape or other electronic recordings, drawings, sketches, estimates,data sheets, maps and work sheets produced, or prepared by or for Consultant(including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i) personally delivered, or(ii)when mailed in the United States mail, first class postage prepaid, or(iii) when delivered by FedEx or other comparable courier service, charges prepaid,to the parties at their respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission, or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its 5 Eagle County Prof Services Final 1/14 address for purposes of this paragraph by giving five(5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Kelley Collier 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 Telephone: 970-328-3533 Facsimile: 970-328-3539 E-Mail: Kelley.collier @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-Mail: atty @eaglecounty.us CONSULTANT: RAE Consultants Inc. Post Office Box 7639 Denver, CO 80207 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors,in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained,Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven(7)calendar days'prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 6 Eagle County Prof Services Final 1/14 13. Venue,Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents p esents and warrants that it has the expertise and personnel necessary y to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This ara a h shall survive termination of p �' p this Agreement. b. Consultant agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws,codes,rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. 7 Eagle County Prof Services Final 1/14 f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours,upon 48 hours'notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge,no employee of the County has an y personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant sultant has no beneficial interest, direct or indirect,that would conflict in any manner or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 1. The Consultant,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5-101, et. seq.,regarding Illegal Aliens-Public Contracts for Services, and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Consultant shall not: 8 Eagle County Prof Services Final 1/14 i. Knowingly employ or contract with an illegal alien to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm c. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Consultant shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Consultant violates these prohibitions,County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 9 Eagle County Prof Services Final 1/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER ..d111011P BY: --- P". I • Keith P. Montag, ounty Manager RAE Consultants,Inc. ) By: Title: °flat fIQ VICC 10 Eagle Eagle County Prof Services Final I'14 Ate 0 RAECO-1 OP ID:AN �.�-- CERTIFICATE OF LIABILITY INSURANCE DATE`MAUDD""""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS THE I HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLI ES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone:719.590-9990 CONTACT Six&Gavin',Insurance,Inc. NAME Beckie Larks 3630 Sinton Road,Suite 200 Fax:719-590-9992 PHONE Ext 719-590-9990 FAX Colorado Springs,CO 80907-5034 Mitt l/UC Ne):799.590-9992 Art Hammersmark ADDRESS:biarkeasix-geving.com NSURER(S}AFFORONG COVERAGE HIAIC S INSURER A:American Cas Co of Reading,PA INSURED RAE Consultants,Inc. NsuRERS:Philadelphia Indemnity Ins Co 18058 Rick Evans - PO Box 7639 USURER C. Denver,CO 80207 NSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW!THSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER GENERAL LIABILITY IMMIDDIYYYYI fMNlDDIyYYp LIMITS EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY - X B2026525222 03/01/2014 03/01/2015 PR sE3(EaExa, roe) $ 300,000 CLAIMS-MADE X I OCCUR _ MED EXP(Any one person) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE`."MIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 Jl I POLICY FlCT LOC AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT ANY AUTO (Ea aceden0 ALL OWNED —SCHEDULED BODILY INJURY(Pei Person/ $ AUTOS AUTOS BODLY INJURY(Per accident) $ NON-OWNED HIRED AUTOS _ AUTOSOOFnt)AMAGE $ UMBRELLA LU4B $ OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE —$ AGGREGATE $ DED I RETENTION$ WORKERS COMPENSATION - $ A EMPLOYERS'LIABILITY I TORY LIMITS I I O ND Y I N ER ANY PROPRIETOR PARTNER/EXECUTIVE OFFICER/MENEER EXCLUDED? u NIA EL.EACH ACCIDENT $ (Mandatory d oq M E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESGIRIPTION OF OPERATIONS below B Professional Liab E.L DISEASE-POLICY LIMIT q PHSD902578 02/05/2014 02/05/2015!Ea Claim 1,000,000 (Claims-Made) Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Nmere apace Is rrqukrsd) Eagle County is an additional insured under the general liability policy for work performed under the agreement, CERTIFICATE HOLDER CANCELLATION EAGLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1070 ACCORDANCE WITH THE POLICY PROVISIONS. Gypsum,CO 81637 AUTHORRED REPRESENTATIVE I 1111A 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Eagle County RTA dba ECO Transit 2014-2019 CMPC Body on Chassis Procurement and Contract Management RAE Consultants, Inc. Scope of Work July 8, 2014 Background: Eagle County RTA is seeking consultant assistance to continue to work through and complete related tasks to ensure grant funded capital items and projects meet Federal Transit Administration (FTA) and State procurement requirements for process and documentation. The result of this work continues to be a 5-year contract for purchasing cutaway, body on chassis paratransit buses that is advantageous for not only Eagle County, but also 10 other local transit agencies in Colorado known as the Colorado Mountain Purchasing Consortium (CMPC). While Eagle County RTA is the primary contractor for consultant assistance, once the contract for buses is negotiated and the CMPC begins to purchase off the 5 year contract, Eagle County will be reimbursed for a large portion of the consultant fees for procurement and administration of the cutaway bus contract, as each member of the CMPC will pay a $600 fee per bus order to support the CMPC administration costs. This scope is a continuation of the work previously defined in the scope of work dated April 28, 2014. Project Approach and Deliverables: Task 1: Joint Cutaway Bus Procurement and Contract Administration Assistance The original task language from the April 28, 2014 scope is as follows: As of April 28, 2014, the task is 50%complete but requires additional hours for the following g 1. Navigating the preferred equals, specification deviations, and the question and answer period, which includes developing the answers to all the questions with CMPC consultation, creating a master document to release to interested proposers documenting the CMPC response, and revising specifications as necessary. 2. Creating evaluation documents for the CMPC evaluation committee to use and overseeing the evaluation committee discussions and evaluation of proposal process. 3. Determine responsiveness of proposals received and responsibility of contractors proposing, as well as determining a competitive range of proposals for the evaluation committee to score. 4. Negotiate with proposers best and final offers as necessary and assist the CMPC in determining final awards for each vehicle type. 5. Conduct cost analysis for all winning proposals. 6. Negotiate contract terms for winning vendor(s). 1 7. Finalize adequate documentation of the procurement process for CMPC members to have on file for CDOT and FTA audits. 8. Assist with initial ordering process with vendors, to include kick off meetings and order process meets all federal and local contract requirements. As of July 7, 2014, the task has grown to a five-year contract administration task, set as one year cost proposals based on funding availability, and now is only 10% complete as it requires additional hours for the following subtasks: 2014 Tasks: 1. Build off Task 8 under April 28th scope and assist with initial order process with vendors, to include five (5) order summits across the state, finalizing documents and procurement files for CMPC members in line with CDOT reimbursement requirements, and meet with CDOT to understand state requirements for bus reimbursements. 2. Conduct In-Plant Inspection and tour of Glaval Plant to ensure product meets specification and vendor is adhering to FTA requirements for Buy America and FMVSS. 3. Complete all contract administrative activities for CMPC August through December 2014 including but not limited to working with vendor on paperwork requirements, tracking orders through delivery, and follow u to make sure all reimbursement mbursement paperwork is correct for CDOT. 2015 Tasks: 1. Complete all contract administrative activities for CMPC in 2015 including but not limited to working with vendor on paperwork requirements, tracking orders through delivery, follow up to make sure all reimbursement paperwork is correct for CDOT, annual contract negotiation and meeting with vendor to discuss price increases and performance issues, and completing an annual independent cost estimate to substantiate price increases. 2016 Tasks: 1. Complete all contract administrative activities for CMPC in 2016 including but not limited to working with vendor on paperwork requirements, tracking orders through delivery, follow up to make sure all reimbursement paperwork is correct for CDOT, annual contract negotiation and meeting with vendor to discuss price increases and performance issues, and completing an annual independent cost estimate to substantiate price increases. 2017 Tasks: 1. Complete all contract administrative activities for CMPC in 2017 including but not limited to working with vendor on paperwork requirements, tracking orders through delivery, follow up to make sure all reimbursement paperwork is correct for CDOT, annual contract negotiation and meeting with vendor to discuss price increases and 2 performance issues, and completing an annual independent cost estimate to substantiate price increases. 2018 Tasks: 1. Complete all contract administrative activities for CMPC in 2018 including but not limited to working with vendor on paperwork requirements, tracking orders through delivery, follow up to make sure all reimbursement paperwork is correct for CDOT, annual contract negotiation and meeting with vendor to discuss price increases and performance issues, and completing an annual independent cost estimate to substantiate price increases. 2019 Tasks: 1. Complete all closeout contract administrative activities for CMPC in 2019 including but not limited to working with vendor on paperwork requirements, tracking orders through delivery, follow up to make sure all reimbursement paperwork is correct for CDOT, and contract closeout. Timeline: Work on the project can begin August 15, 2014. Subtasks 1-3 are to be completed starting in August 2014 and finish in December 2014. Then each subtask is numbered by year of task. Each subtask for 2015 through 2019 will be completed during the 12-month annual period. Cost Proposal 2014: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES TASK: CMPC Cutaway Procurement/+Contract Administration 1.0 Order Summits/Documentation Follow Up 115.5 $11,550.00 2.0 Glaval In-Plant Inspection 20 $2,000.00 3.0 2014 Contract Administration Activities 50 $5,000.00 SUBTOTAL, LABOR EXPENSES: 185.5 $18,550.00 DIRECT EXPENSES Hotel, gas, flight, meals, Travel for Subtask 1.0 rental car $800.00 Hotel, gas, flight, meals, Travel for Subtask 2.0 rental car $1,500.00 3 SUBTOTAL, DIRECT.EXPENSES $2,300.00 TOTAL PROJECT COST $20,850.00 Cost Proposal 2015: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES TASK: CMPC Cutaway Procurement/Contract Administration 1.0 2015 Contract Administration Activities 110 $11,000.00 SUBTOTAL,LABOR EXPENSES: 110 $11,000.00 DIRECT EXPENSES None $0.00 SUBTOTAL, DIRECT EXPENSES $0,00 TOTAL PROJECT COST $11,000.00 4 Cost Proposal 2016: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES `TASK:CMPC Cutaway Procuiretnent/Contract Administration 1.0 2016 Contract Administration Activities no $11,000.00 `SUBTOTAL,LABOR EXPENSES: 110 $11,Q00.00 DIRECT EXPENSES None $0.00 'SUBTOTAL DIRECT EXPENSES $0.00 TOTAL PROJECT COST $11,000.00 5 Cost Proposal 2017: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES TASK: CMPC Cutaway Procurement/Contract Administration 1.0 2017 Contract Administration Activities 110 $11,000.00 SUBTOTAL, LABOR EXPENSES: 110 $11000,00 DIRECT EXPENSES None $0.00 SUBTOTAL, DIRECT EXPENSES $0.00 TOTAL PROJECT COST $11,000.00 6 Cost Proposal 2018: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES TASK: CMPC Cutaway Procurement/Contract Administration 1.0 2018 Contract Administration Activities 110 $11,000.00 SUBTOTAL, LABOR EXPENSES: 110 $11,000.00 DIRECT EXPENSES None $0.00 SUBTOTAL,DIRECT EXPENSES $0.00 TOTAL PROJECT COST $11,000.00 7 Cost Proposal 2019: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES TASK: CMPC Cutaway Procurement/Contract Administration 1.0 2019 Contract Administration Activities 60 $6,000.00 SUBTOTAL, LABOR EXPENSES: 110 6,00 3. 30 DIRECT EXPENSES None $0.00 SUBTOTAL, DIRECT EXPENSES $0.00 TOTAL PROJECT COST $6,000.00 8