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HomeMy WebLinkAboutC16-372 RAE ConsultantsFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND RAE CONSULTANTS, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of the day of , 20 by and between RAE Consultants, Inc. a Colorado corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 20th day of August, 2014, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A of the Original Agreement, 2014-2019 CMPC Body on Chassis Procurement and Contract Management (“Services”); and WHEREAS, there is no longer a need for the Services originally anticipated to be provided in 2017 – 2019; and WHEREAS, County and Consultant desire by this First Amendment to revise the scope of Services and associated compensation as set forth in the Original Agreement; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2019 and the parties desire to amend the term to reflect the new timeline established in Exhibit A1. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional services for 2016, but to eliminate the portion of the services to be provided in 2017, 2018 and 2019, as set forth in Exhibit A1, which is attached hereto and incorporated herein by reference. Exhibit A1 shall hereby supersede and replace Exhibit A in its entirety. 2. Paragraph 5 of the Original Agreement shall be amended to read as follows: “Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A1. The performance of the Services under this Agreement shall not exceed $20,850 in 2014, $11,000 in 2015 and $17,000 in 2016. 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.” 3. Paragraphs 5a-5e of the Original Agreement shall remain unmodified and in full force and effect. DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07       C16-372 4. The term of the Original Agreement is hereby amended to expire on the 31st day of December, 2016. 5. Pursuant to Paragraph 7(b)(vii) of the Original Agreement, an updated and current certificate of insurance is attached hereto as Exhibit B1 and incorporated herein by reference. 6. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 7. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 8. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Brent McFall, County Manager CONSULTANT: RAE CONSULTANTS, INC. By: _____________________________ Name: Ann M. Beauvais Title: President, RAE Consultants, Inc. 2 Eagle County Am Scope and Comp Final 5/14 DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 1 Exhibit A1 Eagle County RTA dba ECO Transit 2014-2019 CMPC Body on Chassis Procurement and Contract Management RAE Consultants, Inc. Scope of Work Revised/Updated August 15, 2016 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 consortium 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 consortium will pay a $600 fee per bus order for buses ordered from September 2014 to February 2016, and $1,000 fee per bus for buses ordered from March 2016 to September 2019, to support the consortium administration costs. *This scope is a continuation of the work previously defined in the scope of work dated April 28, 2014 and July 8, 2014. This amendment is to reflect the more robust role the program administrator will play in the order process in year 2016 only, as approved by the consortium members and Eagle County in April 2016. The contract will be terminated with the vendor in January 2017, and the scope now reflects the administration work to end in December 2016. 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 subtasks: 1. Navigating the preferred equals, specification deviations, and the question and answer period, which includes developing the answers to all the questions with consortium 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. DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 2 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). 7. Finalize adequate documentation of the procurement process for consortium 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 contract administrative activities for consortium August through December 2014 to include working with vendor on paperwork requirements, tracking orders through delivery, and follow up to make sure all reimbursement paperwork is correct for CDOT. 2015 Tasks: 1. Complete contract administrative activities for consortium in 2015 to include 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 Revised: 1. Complete contract administrative activities for consortium in 2016 to include working with with the CMPC member agencies on all order questions and finalization; serving as the direct order point of contact between an agency and the vendor for order negotiations; working with the vendor on order, delivery and paperwork requirements; tracking orders through delivery; following up to make sure all reimbursement paperwork is correct for CDOT and/or FTA; annual contract negotiation to include meeting with the vendor to discuss price increases DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 3 and performance issues; and completing an annual independent cost estimate to substantiate price increases. This task will include attendance at minimum two bus deliveries. Also complete any other needed procurement activities for Eagle County as assigned. Timeline: Work on the project can begin August 1, 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 2016 will be completed during the 12-month annual period. DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 4 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 Travel for Subtask 1.0 Hotel, gas, flight, meals, rental car $800.00 Travel for Subtask 2.0 Hotel, gas, flight, meals, rental car $1,500.00 SUBTOTAL, DIRECT EXPENSES $2,300.00 TOTAL PROJECT COST $20,850.00 DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 5 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 DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 6 Cost Proposal 2016 Revised: Ann Beauvais TOTAL BILLING RATE: $100.00 LABOR EXPENSES TASK: CMPC Cutaway Procurement/Contract Administration 1.0 2016 Contract Administration Activities 170 $17,000.00 SUBTOTAL, LABOR EXPENSES: 170 $17,000.00 DIRECT EXPENSES None $0.00 SUBTOTAL, DIRECT EXPENSES $0.00 TOTAL PROJECT COST $17,000.00 DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 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(ies) 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). CONTACTPRODUCERNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : 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. NOTWITHSTANDING 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. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSR WVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident) $ BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ WC STATU- OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS’ LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) RAECO-1 OP ID: BL 0/12/2016 Phone: 719-590-9990 Beckie LarkeSix & Geving Insurance, Inc. 3630 Sinton Road, Suite 200 Colorado Springs, CO 80907-5034 Art Hammersmark Fax: 719-590-9992 719-590-9990 719-590-9992 blarke@six-geving.com American Cas Co of Reading PA Philadelphia Indemnity Ins Co 18058 RAE Consultants, Inc. c/o Ann M Beauvais 2212 W. Platte Ave. Colorado Springs, CO 80904 1,000,000 AX X B2026525222 03/01/2016 03/01/2017 300,000 X 10,000 1,000,000 2,000,000 2,000,000 X 1,000,000 A B2026525222 03/01/2016 03/01/2017 XX B Professional Liab PHSD1106024 02/05/2016 02/05/2017 Ea Claim 1,000,000 (Claims-Made)Aggregate 2,000,000 Eagle County is an additional insured under the general liability policy for work performed under the agreement. EAGLE Eagle County PO Box 1070 Gypsum, CO 81637 DocuSign Envelope ID: F0B11F74-D3D9-4D63-822B-F000F4149B07