HomeMy WebLinkAboutC17-023 DBT Transportation Services LLCSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DBT Transportation Services, LLC. THIS SECOND AMENDMENT ("Second Amendment') is effective as of the V1 day of January, 2017 by and between DBT Transportation Services, LLC., a Texas limited liability company (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 3rd day of February, 2015, for certain Services (the "Original Agreement') and executed the First Amendment to the Original Agreement on January 1, 2016 (the "First Amendment') (collectively the "Agreement'); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $40,400.00; and WHEREAS, the First Amendment contemplated that the Consultant would perform certain Services during a new term with compensation in the amount of $42,500.00 and not to exceed with the Original Agreement an amount of $82,900.00; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation for another term as set forth below; and WHEREAS, Vaisala, Inc. assigned all of its rights and obligations under the Agreement to DBT Transportation Services, LLC in writing with the County's consent on August 1, 2015 and DBT Transportation Services, LLC assumed all such rights and obligations to the County under the Agreement; and WHEREAS, Contractor 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 in paragraph 1 hereof; and WHEREAS, the term of the Original Agreement expired on the 31st day of December, 2015, the term of the First Amendment expires on December 31, 2015 and the parties desire for this Second Amendment to extend the term for an additional year. SECOND 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 Agreement shall be amended to include additional Services as described in Exhibits A3 and B3, which is attached hereto and incorporated herein by reference. C17-023 2. The compensation for the Services set forth in Exhibits A3 and B3 shall not exceed $48,535.00.00 or a total maximum compensation under the Agreement and this Second Amendment of $131,435.00 and increased pursuant to Paragraph 5.c. in the Original Agreement. 3. The term of the Original Agreement is hereby extended to the 31'day of December, 2017. 4. This Second Amendment Exhibit C3 replaces the Exhibit C to the Original Contract. 5. Capitalized terms in this Second Amendment will have the same meaning as in the Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify, or supplement portions of the Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 7. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [REMAINDER OF PAGE INTENTIONALLYLEFT BLANK] 2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. Attest- By: ttest By: Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ]illian Ryan, Chair DBT Transportation Services, LLC. LE Print Name: Nancy Thomsen Title: Executive VP Exhibit A3 Aviation Support and maintenance Services Order and Pricing Schedule i MEN- TRMS90RA1110N SERVICES AVIATION SUPPORT AND MAINTENANCE SERVICES Order and Pricing Schedule DBT Transportation Services 2655 Crescent Drive, Ste A -I Lafayette, Colorado 80026 Email: Customer. Eagle County - Eagle Airport (EGE) Box 950 Eagle. CO 91631 Email: Services (check as applicaW! Paas Excluded B Periodic/Pre-Season Maintenance 3 WDS H Equipmcni Rcsloration Unlimited 0 Data Service--NADIN Service Fees Annual Fee Un lanned t Facility Visi Hnlidav Fee Conimct Total.• S 4a.s3s.w $48.635.00 Invoiced ouan6y 't89C FCC S 1500 00 per da ex. Ii !12 strike FCe 5.150D.00 per da {ex, filaht check) S 5DD 4(3 par day additional bird strike) DBT 201 Page I *!k Exhibit B3 RWIS Maintenance Statement of Work AWOS and Navaid Maintenance Statement of Work TRANSPORTATION SERVICES RWIS Maintenance Statement of Work 1. Description of Equipment Services. Lt. Periodic Maintenance consists of inspection, functional checks, adjustments, replacement of failed components and cleaning in accordance with the equipment manufacturer's published guidelines and requirements. DBT Transportation Services will perform one (1) Pre -Season Maintenance check per year at Customer's site and notify customer at least one week in advance of the estimated service time. DBT shall make a report in writing containing observations and actions taken during each Maintenance visit and a copy will be supplied to Customer. 1.2. Equipment Restoration. In the event of an unplanned equipment failure or outage, DBT shall commence restoration work within two (2) business days after the outage is reported and complete restoration services in a reasonable prompt manner. Diagnosis may be performed remotely and render the system inoperable until which time replacement equipment/parts can arrive to Customer's site. Repairs required due to Acts of God, lightning, vandalism, etc. are excluded and will be billed at the Unplanned Outage Fee rate detailed on the Order and Pricing Schedule. A maximum of three (3) restorative trips per year are allowed under contract. If more trips are required, the unplanned outage fee will apply. t.3. All services provided by DBT shall be performed by qualified field technicians and other personnel having all required certifications and licenses required. 2. Customer Responsibilities. 2.1. Customer shall be responsible for monitoring the status of the systems following maintenance by DBT if customer has their own server. 2.2. Customer shall be responsible for providing transportation and/or access for DBT personnel between the airport office and the location of theEquipment; 2.3. Customer shall be responsible for providing security in and around the Equipment to be maintained under the Agreement; 2.4. Customer shall be responsible for any loss or damage to the Equipment for reasons other than the fault of DBT and for providing any insurance Customer may desire to cover any such loss or damage.; 2.5. Customer shall be responsible for maintaining the grounds and buildings associated with Equipment in good repair. 2.6. Customer shall be responsible for purchasing all RWIS repair and/or replacement parts. Customer agrees to pay for any parts DBT uses as part of the periodic maintenance or restorative services provided herein. --NW `J TRANSPORTATION SERVICES AWOS and Navaid Maintenance Statement of Work 1. Description of Equipment Services 1.1 Periodic Maintenance consists of such periodic routine tests and adjustments as maybe required by the equipment manufacturer and by the FAA for non -Federal facilities in accordance with 14 C.F.R Part 171 and AC 150/5220-16C as they may be modified or superseded from time to time. 1.2 Equipment Restoration. In the event of an unplanned equipment failure or outage, DBT Transportation Services shall notify the customer as to the restoration plan of action within one (1) business day after the outage is reported and complete restoration services in a reasonable prompt manner. Diagnosis may be performed remotely and render the system inoperable until which time replacement equipment/parts can arrive to Customer's site. Repairs required due to Acts of God, lightning, vandalism, etc. are excluded and will be billed at the Unplanned Outage price. 1.3 All services provided by DBT shall be performed by qualified field technicians having all required certifications and licenses required by the FAA and OSHA. DBT will also maintain a full Aviation Products and Liability Insurance policy for the term of the contract. 1.4 DBT shall record test results in a station log and maintain the required 6000 series records, copies of which will be provided to the FAA as required. 1.5 DBT shall make a best effort to maintain and repair all equipment. Customer acknowledges that components and equipment under contract may be obsolete rendering repair or restoration of equipment impossible. 2. Testing Equipment and Replacement Parts — Navaids Only 2.1 Customer shall at its own expense furnish, maintain and calibrate test equipment in accordance with FAA requirements. 2.2 Customer shall maintain at its own expense an inventory of replacement parts for the Equipment to be utilized by DBT when providing Service under this Agreement. In the event parts necessary for maintenance or restoration of the Equipment are not available in Customer's Inventory, DBT will provide such part(s) and invoice the Customer for required part(s). If customer does not have the necessary spare parts available for use in restoring the Equipment, DBT reserves the right to charge $1500 for a return trip charge. 3. Customer Responsibilities 3.1 Customer shall be responsible for monitoring the status of the systems following maintenance by DBT. 3.2 Customer shall be responsible for providing transportation and/or access for DBT personnel between the airport office and the location of the Equipment. 3.3 Customer shall be responsible for providing security in and around the Equipment to be maintained under the Agreement. 3.4 Customer shall be responsible for any Ioss or damage to the Equipment for reasons other than the fault of DBT and for providing any insurance Customer may desire to cover any such loss or damage. 3.5 Customer shall be responsible for the issuance of all NOTAMS (Notice to Airmen) relating to the status of the facilities to be maintained under this Agreement. 3.6 Customer shall be responsible for maintaining the grounds and buildings associated with the NAVAID (Navigational Aids) and Equipment in good repair and in compliance with all FAA and all applicable laws. 3.7 Customer shall be responsible for the purchase of all replacement components for AWOS and Navaid equipment. Exhibit C3 Certificates of Insurance ,a CCW"® CERTIFICATE OF LIABILITY INSURANCE DATE {MM+DDIYYYY} CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1 1/3/2017 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). PRODUCERONAMTEAC"' Carol Patterson IntegrO USA Inc. PHONE .212-702-3300 (FAI KC mr 212-702-3387 475 Park Avenue South 17 FloorNo ADDRLESS. Carol.Patterson@integrogroup.com New York NY 10016 INSURER AFFORMG COVERAGE MAIC 9 PR EMI ETO RENTED $ INSURER A:LIbe rty Mutual Insurance Co. 23043 INSURER Et -First Mercury Insurance Co INSURED 8587 DBT Transportation Services LLC INSURER C: Lafayette Corporate Campus e655 Crescent Drive INSURER Q: Lafayette CO 80026 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 65321344 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. IN TYPE OFINSURANCE w D Su vD POLICY NUMBER —POLICY EFF Y EXP LIMITS CGNNERCIALGENERALLIABILITY EACH OCCURRENCE $ CLAIMSMAUE OCCUR PR EMI ETO RENTED $ MED EXP (Anyone ) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GE NTAGGREGATE LIMIT APPLIES PER: PRO-JECT LOC POLICY PRODUCTS - COMPIOP AGG $ $ OTHER: A AUTOMOBILE LIABILITY AS2-Z11-26=5.016 7/29/2016 7/29/2017 COM EaacBINE� IN LE LIMIT $1000000 X ANY AUTO BODILY INJURY [Per person] $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ecddent) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMA E $ Per aCCldent B LUBRELLA LIAR NX OCCUR CA-EX-00000667DR-01 8/8/2016 7/29/2017 EACH OCCURRENCE $4,000,000 X EXCESS LIAR CLAIMS -MADE AGGREGATE $4,000,000 DED RETENTION $ A WORKERS ODMPENSATIDN AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTI VE WC2-Zi i-26PPPS-D26 7/29/201 6 7/29/201 7X PER TE OERTH- E.L. EACH AOCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatary In NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATHM I VENCLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) This Certificate is providing evidence only of the coverage, limits and deductibles as of the date shown above. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 850 ACCORDANCE WITH THE POLICY PROVISIONS. Eagle CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014,101) The ACORD name and logo are registered marks of ACORD AIG AEROSPACE INSURANCE SERVICES, INC. CERTIFICATE OF COMMERCIAL LIABILITY INSURANCE This certifioate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Producer: INTEGRO USA INC. 1 STATE STREET PLAZA, 9TH FLOOR NEW YORK, NY 10004 Named Insured: DBT TRANSPORTATION SERVICES, LLC 2655 CRESCENT DRIVE, SUITE A-1 LAFAYETTE, CO 80026 ADDITIONAL INSUREDS) SUBJECT TO FORM CGL191 ATTACHED TO THIS POLICY. Additional Insured Status THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Cancellation In the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose duty or liability upon the insurer, its agents or representatives, nor will it delay cancellation. Certificate Holder: EAGLE COUNTY General Liability Insurer Name: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: AP 015436620-01 Policy Effective Date: July 29, 2016 Policy Expiration Date: July 29, 2017 September 19, 2016 JP 20,000,000. Each Occurrence Limit 50,000. Damage To Premises Rented To You Limit (any one remises $ 5,000. Medical Expense Limit an one person) Limits 2 Personal AdvertisingIn' Aggregate Limit NOT APPLICABLE General Aggregate Limit In Insurance $ 20,000,000. Products/Completed Operations Aggregate Limit Hangarkeepers Limit 1,000,000. E h Aircraft Limit $ 1,000,000. Each Loss Limit $ 5,000. Hangarkeepers Deductible (each aircraft) General Aggregate Limit applies per: ❑ Policy ❑ Project ❑ Location ADDITIONAL INSUREDS) SUBJECT TO FORM CGL191 ATTACHED TO THIS POLICY. Additional Insured Status THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Cancellation In the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose duty or liability upon the insurer, its agents or representatives, nor will it delay cancellation. Certificate Holder: EAGLE COUNTY BOX 850 Certificate No. 3 EAGLE, CO 81631 Authorized Representa ' September 19, 2016 JP Date of Issue CGL309 (3105) Includes copynghted material of Insurance Services Office, Inc. with its permission