HomeMy WebLinkAboutC17-140 Miller Engineers Inc dba Souder Miller & AssociatesSECOND AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
MILLER ENGINEERS, INC.
DBA SOURER, MILLER & ASSOCIATES
THIS SECOND AMENDMENT ("Second Amendment") is effective as of 04/25/2017, by
and between Miller Engineers, Inc. a New Mexico corporation d/b/a Souder, Miller & Associates
(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 61' day of December,
2015, for certain Services (the "Original Agreement"); and
WHEREAS, by a First Amendment dated the 14'h day of March, 2017, the parties modified the
scope of Services and compensation as set forth in the Original Agreement; and
WHEREAS, the Original Agreement and First Amendment contemplated that the Consultant
would perform certain duties with compensation in an amount not to exceed $100,000.00; and
WHEREAS, County and Consultant desire by this Second Amendment to expand the scope of
Services and compensation as set forth in the Original Agreement.
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 Original Agreement shall be amended to include additional Services as described
in Exhibit 2, which is attached hereto and incorporated herein by reference.
2. The compensation for the additional Services set forth in Exhibit 2 shall not exceed
$49,384.20 or a total maximum compensation under the Original Agreement, First
Amendment and this Second Amendment of $149,384.20.
3. Capitalized terms in this Second Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Second
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this Second Amendment shall govern and
control the rights and obligations of the parties.
4. Except as expressly altered, modified and changed in this Second 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.
C17-140
S. This Second Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: [;�f
dillian H. Ryan, Chair
Attest:E 7
By:
Regina O'Brien, Clerk to the Board
CONSULTANT
Print Name: Reid Allan
Title: Senior Vice President
2
Eagle County Am Scope and Comp Final 5114
EXHIBIT 2
Eagle County Am Scope and Comp Final 5114
STATEMENT OF WORK
To Original Contract Routing Number 17 FEFA 97483
These provisions are to be read and interpreted in conjunction with the provisions or the contract specified above.
1. Entity Name: Eagle County, Colorado
II. Project Description:
This project serves to lay the groundwork for establishing shared regional infrastructure, increased diversion and
strong community engagement in northwest Colorado. The Eagle County Solid Waste and Recycling program
shall complete a regional study that examines waste compositions, determines waste flows, identifies gaps in
infrastructure, and creates partnerships within the study area.
Ill. Definitions:
Northwest Colorado The study area encompasses the following counties: Eagle, Garfield, Rio Blanco,
Moffat, and Routt.
Stakeholders Individuals and groups who have a vested interest in the planning, development,
implementation, success and evaluation of a project or initiative.
IV. Work Plan:
Coal #1: To optimize waste reduction and diversion efforts in northwest Colorado.
Objective #1: No later than the expiration date of this contract, the Contractor shall assess current conditions and gather the
information needed to create a plan for increased resource recovery in northwest Colorado.
No later than November 13, 2017, the Contractor shall invite stakeholder input on how best to
Primary Activity #1
optimize waste reduction and diversion efforts in northwest Colorado.
a. No later than April 14, 2017, the Contractor shall conduct an intemet-based survey to
identify existing attitudes and behaviors about recycling and will gather opinions on how
to improve waste reduction programs in northwest Colorado.
Sub -Activities #1
b. No later than April 14, 2017, the Contractor shall convene an initial investigative
stakeholder meeting.
c. No later than June 12, 2017, the Contractor shall convene at least one stakeholder work
session to discuss current infrastructure and begin identifying present and future needs.
Primary Activity #2
No later than July 14, 2017, the Contractor shall oversee the completion of no less than three
(3) waste audits to confirm the general composition of the solid waste stream.
Sub -Activities #2
No later than August 14, 2017, the Contractor shall draft a report summarizing the results of the
waste audit.
No later than December 15, 2017, the Contractor shall produce a final report that includes an
Primary Activity #3
inventory and assessment of regional solid waste related infrastructure and feasible options for
future materials management infrastructure and policy.
No later than November 30, 2017, the Contractor shall convene a stakeholder follow-up
Sub -Activities 43
meeting to share the results from the waste audit, gap analysis, and discuss recommendations
for future action.
Standards and
1. The Contractor shall collaborate with other counties in the study area to produce a list of
Requirements
the entities within each county that are involved in waste activities, landfills, public
works, public haulers, recycling facilities, citylcounty staff, compost facilities, and special
interest groups. This list of contacts will be invited to participate in each stakeholder
meeting.
2. The Contractor shall arrange to have a facilitator present at each stakeholder meeting to
ensure discussions are targeted to address specific regional strategy components,
opportunities for collaborating on infrastructure and policy changes, and potential
partnerships.
vm1on Contract 5tatcmeat or Work—Exhibit$
December 2Q I S
Page] of3
Exhibit 13 - Statement ofworkdoc
vcrsion Cantracs Siatcmcnt or Wozk Eoibn B
De"mbw 2A I5
Page 2 of
Exhibit B - Statement of Workdoc
3. The Contractor shall invite the general public to each stakeholder meeting and shall
coordinate with each County's public information officer to announce meeting dates,
times, and locations.
4. The Contractor shall make an extra effort to contact key stakeholders who are not able to
attend a stakeholder meeting or who are non-responsive to ensure they respond to the
survey, The Contractor shall design the survey in such a way that allows members of the
general public to respond to the survey, though the department recognizes that feedback
from the general public is not the survey's primary objective.
5. The Contractor shall encourage survey respondents to use the intermet-based survey
instrument, but shall also give respondents the option of submitting a hard -copy of their
survey responses if requested.
6. The Contractor shall reference the American Society for Testing and Materials D-5231
standard, the California Integrated Waste Management Board's Uniform Waste Disposal
Characterization Method and the United States Green Building Council's LEED Waste
Management Policy and Waste Stream Audit Requirements will be used as a reference
when developing the waste audit's methodology.
7. The Contractor shall conduct each waste audit at the largest landfill in a given county
within the study area, or if the Contractor determines that conducting a waste audit at a
landfill is not feasible, the Contractor shall coordinate a waste audit with a waste hauler.
The Contractor shall sort no less than three (3), 200 pound samples when conducting each
waste audit,
S. The Contractor shall reference historical data from previous waste audits in Eagle,
Garfield, Routt, and Moffat counties to inform the new audit.
i9.
The Contractor shall receive, at minimum, verbal bi-weekly updates from the hired
consultants to track progress and identify delays. The Contractor shall
notify CDPHI, program staff via email within three business days if
there is an anticipated delay that exceeds a scheduled completion date
by more than two weeks.
10. The final report shall address the following:
a. waste audit analysis
b. results from the survey and stakeholder meetings, including a discussion on all
outreach performed to inform the general public
c. analysis of existing infrastructure
d. analysis of future infrastructure and policy needs
e. explanation of the region's collaborative efforts undertaken during the project and
pians for future collaboration among stakeholders
E discuss steps that will be taken to implement the recommendations in the plan
g. summary of each consultant's and sub -contractor's performance
Expected Results of
1. The region will have a thorough understanding of the attitudes, knowledge, and capacities
Activity(s)
of residents and businesses in relation to recyclabies and compostables.
2. The region will have an inventory of solid waste related infrastructure and a list of
feasible options for future materials management infrastructure and policy.
3. The region will have a sound understanding of the materials in its solid waste stream.
Measurement of Expected
1. The Contractor shall have compiled the feedback received during the stakeholder
Results
meetings and from the survey.
2. The Contractor shall have completed a waste audit and an analysis of other audits
completed in the region from the past ten years.
3. The Contractor shall have a list of actionable items to improve regional infrastructure.
-.1
Com letion Date
Deliverables
1. The Contractor shall submit via email to CDPHE
Last business day of
program staff monthly updates on this project's
the month,
overall progress toward fulfilling all project
beginning
activities and sub -activities.
the month following
the effective date of
the contract.
vcrsion Cantracs Siatcmcnt or Wozk Eoibn B
De"mbw 2A I5
Page 2 of
Exhibit B - Statement of Workdoc
2. The Contractor shall submit via email to CDPHE program staff a No later than
L— I final report, I December 15, 2017
V. Monitoring:
CDPHE's monitoring of this contract for compliance with performance requirements wilt be conducted throughout
the contract period by the Program's Grant Administrator. Methods used will include a review of documentation
determined by CDPHE to be reflective of performance to include progress reports and site visits. The Contractor's
performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor
Performance Evaluation wilt be conducted at the end of the life of the contract.
V1. Resolution of Non -Compliance:
The Contractor wilt be notified in writing within 30 calendar days of discovery of a compliance issue. Within 30
calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the
action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The
actions) and time Iine for camp tetion will be documented in writing and agreed to by both parties. If extenuating
circumstances arise that requires an extension to the time line, the Contractor must email a request to the Grant
Administrator and receive approval for a new due date. The State will oversee the completion/implementation of
the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or
disregard For the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of
this contract.
vmion Contact Slalemenr ar Work Exbibii B
Dccrmber 2015
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Exhibit B - Statement of Work.doc
BUDGET
To Contract Dated 02/22/17 — CMS Contract Routing Number 17 FEFA 97483
Description
Rate Per
Hour
Total
Hours
Award Amount
MatchinglIn
Kind Estimate
Total
Amount
Personal Services
Prepare & Conduct Survey Review
Gap analysis Review
Final Report — Data Analysis Review
Eagle County Staff
$45.00
20
$900.00
$720.00
$1,620.00
Waste Audit Volunteers
$35.00
240
$ -
$8,400,00
$8,400.00
Sub -Total
$900.00
$9,124.00
$10,020.00
Supplies/Operating
Waste Audit Supplies
$2,500.00
$ -
$2,500.00
Meeting Space Rental
$2,250.00
$ -
$2,250.00
Printing Costs
$500.00
$ -
$500.00
Survey Software
$300.00
$ -
$300.00
Sub Total
$5,550.00.
$5,550.00
Travel
loom
Lodging
$4,190.00
$ -
$4,190.00
Meals
$1,665.00
$-
$1,665.00
Mileage
$1,822.50
$ -
$1,822.50
Sub -Total
$7,677.50
$7,677.54
Contractual
Souder, Miller & Associates
$110.00
110
$12,100.00
$1,980.00
$14,080.00
Souder, Miller & Ass. Support Staff
$65.00
20
$1,304.00
$0.00
$1,300.00
Operational Consultants
$95.00
100
$9,500.00
$2,850.00
$12,350.00
GLF Environmental Consulting
$45.00
100
$4,500.00
$540.00
$5,040.00
LBA Associates
$135.00
40
$5,400.00
$0.00
$5,400.00
Sub -Total
$32,800.00
$5,370.00
$38,170.00
Indirect (assessed at 4%)
$2,456.70
$ -
$2,456.70
Total Project Cost:
$49,384.20
$14,490.00
$63,874.24
Budget Narrative
Personnel Title
Hourly
Rate
Activities Rale
Project Administrators — Eagle
County
$45
Stakeholder Mtgs. Outreach
Waste Comp. Audits Arrange Teams
Prepare & Conduct Survey Review
Gap analysis Review
Final Report — Data Analysis Review
SupplieslOperating — Waste audit supplies are projected to cast approximately $2,500. This is estimated based on
the list of supplies provided in the ASTM D-5231 standard. Meeting space rentals are estimated to be approximately
$750 per stakeholder meeting. With a minimum of three meetings, the meeting space rental total is estimated to be
$2,250. Printed materials for paper surveys and materials distributed at the stakeholder meetings are estimated to
cost $500, Survey software for conducting the survey will cast approximately $300. This cost was taken from
Survey Gizmo's website at $75 per month for a four-month subscription.
Pagel oft
Exhibit C - Budget
Travel — Stakeholder meeting hotel costs were calculated using GSA web site's led era I rates. The rate for Eagle,
Colorado is $134 per night for one of the meetings and $261 per night for the others, due to seasonal rates. Two
consultants will travel to the meetings and stay two nights in a hotel for each of the three meetings, which equates to
a total of $2,624. Stakeholder meeting meals are based on federal per diem rates from the GSA website. Per diem is
estimated to be $55.50 on the first and last days of travel, and $74 on the middle day, for a total of $185 per person
per three day trip. Two consultants will travel to three stakeholder meetings, which equates to a total of $1,110 for
stakeholder meeting per diem. Mileage for stakeholder meetings is estimated to be approximately 600 miles per
meeting, 550 for one consultant and 50 miles for the second consultant. The total mileage for all three meetings is
$972 at $0.54 per mile.
Waste audit hotels assume the above rate of $261 per night. It is estimated that three waste compositian audits will
require one consultant to stay two nights in a hotel. This equates to six nights in a hotel for a total of $1,566. Meals
for one consultant will be a total of $185 per person per three-day trip, as described above. This equates to a total
meal cost of $555 for one consultant to attend three three-day waste audits. Waste audit mileage is calculated to be
approximately 525 miles per audit, 475 for one consultant and 50 for the other. The total mileage for all three waste
and iis for two consultants is $850.50.
Contractual
Personnel Title
Hourly
Rate
Activities Role
Project Lead — Souder, Miller, and
Associates
$110
Stakeholder Mtgs. Support
Waste Comp. Audits Lead
Prepare & Conduct Survey Manage Software
Gap analysis Assist
Final Report — Data Analysis Prepare
Project Facilitator — Operational
Consultants
S95
Stakeholder Mtgs. Facilitate/ Lead
Prepare & Conduct Survey Compile Questions
Gap analysis Perform/ Lead
Final Report — Data Analysis Review
Project Assistant — GLF
Environmental Consulting
$45
Stakeholder Mtgs. Support
Waste Comp. Audits Support
Prepare & Conduct Survey Compile Questions
Gap analysis Assist
Final Report — Data analysis Review
Waste Audit Consultant — LBA
Associates
$135
Waste Comp. Audits Advise and Prepare Results
Support Staff— Souder, Miller,
and Associates
$65
Stakeholder Mtgs. Support
Waste Comp. Audits Logistics
Prepare & Conduct Survey Help w/ Software
Final Report — Data analysis Administrative
Page 2 of 2
Exhibit C - Budget
