HomeMy WebLinkAboutC17-373 DBT Transportation Services LLCTHIRD AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
DBT Transportation Services, LLC.
THIS THIRD AMENDMENT ("Third Amendment") is effective as of the V 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"), executed the First Amendment to the
Original Agreement on January 1, 2016 (the "First Amendment"), and executed the Second
Amendment to the Original Agreement that was effective on January 1, 2017 (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 Second Amendment contemplated that the Consultant would perform certain
Services during a new term with compensation in the amount of $48,535.00 and not to exceed
with the Original Agreement an amount of $131,435,900.00; and
WHEREAS, the County desires to have Consultant perform Additional Services for additional
compensation as set forth below; 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.
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 A4, which is in addition to the services contemplated in the Agreement, and
attached hereto and incorporated herein by reference.
C17-373
2. The compensation for the Services set forth in Exhibits A4 shall not exceed $3916.55
or a total maximum compensation under the Agreement and this Second Amendment
of $135,351.56 and increased pursuant to Paragraph 5.c. in the Original Agreement.
3. 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.
4. Except as expressly altered, modified and changed in this Third 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.
5. This Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLAND]
2
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Original Agreement the day and year first above written.
Attest: s ., s-,.-
By:
Regina O'Brien, Cleric to the Board
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
dillian Ryan, Chair
DBT Transportation Services, LLC.
LE
Print Name: Nancy Thomsen
Title: Executive VP
Exhibit A4
-"Now= At
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TRAN sp 0 RTATSERVICES
.AVIA-riON SLJI1'l ORT AND y>AIN1ITMANCE SERVICES
Order and Pricing Schedule
❑ T -1'ransportation Services
26aa Crescent 1)rive, Ste A -I
Lafavette, Colorado 8111126
l nail: C'S(.ie.1)13'I'lranScr►,.con]
Customer: Eagle County
Eagle Airport (SGS)
Sox 850
Eagle, CO 81631
Entail:
This Order and Pi -icings SCIICCILllc is incorporated by reference into the :agreement for
Transportation Sen -ices and Maintenance between the parties. and the Statement of Work, and
n]ade a hart thercot'.
The Effective Date of this Aln-een]ent is
January 1 _ 2() 17
The Tern] of this Alircenient shall he for a Period of i ►carts) Pruni the hfterti►e Date.
Services (Check as applicable) furls Excluded
❑ hci-iodlci 1'I'e-Season Maintenance 3 trios
❑ ]:c uipment Restoration Unlimited
8 Data Service — NADIN Service
Equipment
Manufacturer/Model Equipment Manufacturer/Model
❑ VOR
❑ RW1S
❑ 1)NII f:
❑ RWIS IZL1nwav
❑ 1..()(*
❑ N DI3
❑ (is
❑ C OT]trol I ONvel.
❑ A WOS
❑ Markcrs
❑ RVIR
❑ othel.
Fees
I ('Onti-act Total: S391666
Annual Fce
$ 3916.66
Invoiced Quarterly
Unplanned Outage ]--cc
$ 1600.00
PC 1. da (ex. Ii-litnin- strike. hili{ sll'ike)
F'acilit■- Visit Fee
$ 1600.00
pei-day (ex. Ilight check]
Holidav F"Le
IS500.00
ei-day additional
Cancellalion/Dela► FLe
$ 500,00
lel-da►
DBT 2016
Statement of Work and Additional Terms
Attachment 2: Statement of Work - Vaisala Navigator
Invoice Contact (Accts. Payable):
Name:
Address:
Phone:
Email:
Invoice Instructions:
Airport Manager/Authority:
Name:
Alex Everman
Address:
219 Eldon Wilson Road
Gypsum, C❑ 81637
Phone:
970-328-2680
Email:
alex.everman@eaglecounty.us
Accepted and agreed to by the duly authorized signatories below.
DST Transportation Services Eagle County
By: Bv:
Title: EVP of Sales Title:
Date: 11/2/17
Date:
DBT 2016 Page 2 ort
VAISALA APPENDIX S
Vaisala Service Contract
Customer
DBT Transportation Services LLC
2655 Crescent Drive
Suite A- 1
Lafayette, CO USA
treierted to as the Customer j
Validity of the Contract
Contract Number: US0002175SER
Start Date: January 01,2017
End Date: December 31.2017
This Contract shall be prolonged by one year at
a time after the end date, unless terminated by
notice in writing at least sixty (60) days before
the expiration of the current Contract period.
Agreed Fees for the Services. All fees and
reimbursements are exclusive of any value added
tax (VAT), sales tax and other applicable taxes or
duties, which shall be payable by the Customer in
accordance with applicable laws. In case of
Prolonged Contract annual fee may be subject to at
maximum. a three percent (3°/°) increase per year.
Customer Contact, commercial
Name: Nancy Thomsen
Phone: 970.237.3521
Email: nthnmsenr ctbtta anser� .cans
Vaisala Service Contract
Date: 2017-08-15
Contractor
Vaisala Inc.
194 South Taylor Avenue
Louisville, CO 80027
USA
Veierred to as Vaisala')
Scope; This Contract covers the agreed service and
maintenance ("the Services") of the agreed Weather
Observation Systerns ("the System") indicated below
and more closely specified in Annex 1
Invoicing Schedule:
Annually X Semiannually
Quarterly Monthly
Payment Term: 30 days net (Advance)
Period
Total fee for the Contract
(USD)
Year 1
$3,916.66NR
Year 2
Year 3
Year 4
Year 5
Customer Contact, technical
Name:
Phone:
Email:
This Contract represents the entire understanding of the parties with respect to the subject matter hereof
and. as of its entering into force, supersedes ail prior communications, representations and agreements,
whether oral or written. with respect to the same subject matter. In all other respects this Contract will be
governed by Vaisala General Conditions of Service. The priority order of these documents shall be:
1. This Service Contract: and the following Annexes form an integral part of this Contract:
Annex 1: System and Services
Annex 2 Service rates and contact methods
2. Vaisala General Conditions of Information Services: tittollwwwvaisalacomNaisafak20pocumentsJTer WDOC235767,pdf
3. Warranty TerITrS: h1to1+www.vatsaU.comNa1"a%2MacumentsfBrochuresN5 Oandx2Mai asheets+Warfantypdf
This Contract is an integral part of Quotation No. 75575-1
On behalf of Customer: On behalf of Vaisala:
Name
Date
Name
Date
VAISALA APPENDIX
ANNEX 1: System and Services
1.1 The System covered by this Contract:
RPU Description
(2) LX RPUs
Vaisala Service Contract
Date: 2017-08-15
Site ID Service Provided
Data Hosting & Cellular
1.2 Services included in this Contract:
• 1.2.1 Data Acquisition
• 1.2.2 Data Storage
■ 1.2.3 Data Processing
• 1.2.4 Data Dissemination
1.2.1 Data Acquisition
Service scope:
• Vaisala will take responsibility for the collection of the observational data from the customers
surface weather stations). Data acquisition is managed using one of two methods.
Data polling - data is actively collected from the surface weather station by polling
infrastructure housed at one of the Vaisala data centers.
Data push - data is pushed from the surface weather station through a communication
network to one of the Vaisala data centers.
Service requirements: Where the customer is responsible for managing their own station communications:
• The customer must always provide the number of the phone line or of the GSM SIM card.
For GPRS. CDMA enabled SIM cards, the network provider APN and the data number
should also be provided.
The customer should manage the performance of the land line and take responsibility for
addressing issues with faults that may occur on the line. The customer must also take
responsibility for the bill payment for both land line and sim card accounts.
1.2.2 Data Storage
Service scope:
• Data Warehousing - Data is stared for the customer access for the duration of the service contract.
Service requirements:
■ Data is available for the times where data was being reported from the surface weather station(s)_
■ Camera images are available for live access for up to 5 weeks through the Vaisala Navigator site.
• Archive data is only available to view the Vaisala Navigator data display website.
2
VAISALAAPPENDIX S Vaisala Service Contract
Date: 2017-08-15
1.2,3 Data Processing
Service scope:
Data from the customer's surface weather station(s) is received and processed at a Vaisala data
center. The data is subjected to multiple data quality tests to remove erroneous data before being
made available to visualization software or third party exports.
If the data is to be used for forecasting, the quality -controlled data can be sent to the forecast
provider in a common format. Forecasts are received and processed by the Vaisala system before
being made available to visualization software. Methods of forecast data exchange utilize FTP or
Web Services.
Service requirements:
• There must be a regular and reliable feed of data from the surface weather station(s).
• Forecaster and data feeds will vary in scope and requirement. These must be agreed between
Vaisala and the customer before the contract is signed.
1.2.4 Data Dissemination
Service scope:
■ Data and forecasts will be displayed in Navigator II
■ If data is required to be hosted locally, then products are available to collect and display data.
These products require installation at the customer's offices and require external access to a
Vaisala data center.
■ Data can be forwarded directly to the customer for use as required. A common data format is
provided and sent to the customer by FTP.
Service requirements:
• Customer must provide a PC with internet access to a standard appropriate for the chosen web
based application.
• Locally hosted displays require secure SSH access through the customers firewall to a specific IP
address. This will be provided by the Vaisala Technical Support team at the time of install.
VAISALAAPPENDIX S Vaisala Service Contract
Date: 2017-08-15
ANNEX 2: Service rates and contact methods
2.1 Contact methods for technical support
Priority Technical Support
■ Email: priority@vaisata.com
a Phone: 877-VAISALA (824-7252)
Priority Technical Support is available
a This is a contact point of Technical Support
2417'
This is a contact point of Vaisala from where Customer can, In
Writing, order spare parts