HomeMy WebLinkAboutC14-249 Menendez Architects Fourth Amendment FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MENENDEZ ARCHITECTS P.C. THIS FOURTH AMENDMENT ("Fourth Amendment") is dated thisG(day of 2014 by and between Menendez Architects P.C., an architectural and engineering de gn firm (hereinafter "Consultant") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). County and Consultant will collectively be referred to herein as the "Parties." RECITALS WHEREAS, County and Consultant entered into an agreement dated April 13, 2010, for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement had a term of one year; and WHEREAS, in a First Amendment dated May 31, 2011, the Parties agreed to extend the term of the Original Agreement to expire on April 13, 2012; and WHEREAS, in a Second Amendment dated April 30, 2012, the Parties agree to extend the term of the Original Agreement to expire on December 31, 2013; and WHEREAS, in a Third Amendment dated March 17, 2014, the Parties agree to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement, effective as of January 1, 2014.; and WHEREAS,the Parties desire to increase the total compensation outlined in the Third Amendment from $50,000 to $100,000. FOURTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Prior to the performance of any on-call Consulting Services, Contractor shall first provide County with a written estimate. Each estimate must be approved by County's representative, Rick Ullom, prior to commencement of the Consulting Services by Contractor and all rates shall be in accordance with the fee schedule set forth in Exhibit A to the Original Agreement. Total compensation for Consulting Services provided during the term beginning on January 1, 2014 and ending on December 31, 2014, shall not exceed one hundred thousand dollars ($100,000) without an amendment to this Agreement signed by both Parties. 2. Consultant agrees to provide and maintain at Consultant's sole cost and expense, the following insurance coverage 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 $1,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. 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. 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 A. 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. 2 Eagle County Amendment Ext Term Final 1/14 e viii. 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. ix. The insurance provisions of this Agreement shall survive expiration or termination hereof. x. 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. 3. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fourth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Fourth 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. 5. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] 3 Eagle County Amendment Ext Term Final 1/14 IN WITNESS WHEREOF, the parties hereto have executed this Fourth 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 Z _?° Rw By: L Jilli. , . Ryan, Chairm. a Attest: 0 � Teak J. Simonton, Clerk to the Board CONSULTANT Menendez Architec s P.C. By: , , Print Name: L.0 16 A. 1ol e.µct4pa'Z Title: Pa.a5ti -� State of Colorado ) JANICE M.MILLER )SS. STATE OOFF COLORADO County of Eagle ) MY� APRIL 13,2018 The foregoing instrument was acknowledged before me this 17 day of , 2014 by LU.►5 M&rend ei J as P✓eSiG-1,rd— of Menendez Ar tects, P.C. My commission expires: S44412°2- 71(1 Y7114-661-1' Notary public 4 Eagle County Amendment Ext Term Final 1/14 Add CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDIVYYYY) 9/3/2013 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: It the c rtmcat.holder Is an ADDITIONAL INSURED,the polkp(Iss)must be endorsed. H 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 endorssmert(s). PRODUCER CONTACT NAME Nancy Roman Van Gilder Insurance Corp. PHONE X03.837-8500 I VA.m4)1303-831-5295 1515 Wynkoop,Suite 200MAa Denver CO 80202 ADDIasIesiroman©vyic.com INSURess)AFFORDING COVERAGE NAIC• esumsa: Hartford Casualty Insurance Co. 29424 SOURED MENARC R ME RB:HARTFORD INS CO OF THE MIDWEST 57478 Menendez Architects, P.C. .NeunsR c XL Specialty Insurance Co. 37885 P.O. Box 8038 Aspen CO 81812 INSURER D INSURER E INSURER F: _ COVERAGES CERTIFICATE NUMBER:1044639999 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.UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE OMR BIM POLICY NUMBER jagfg1 MU% LBWS A GENERALLW.JTY Y Y 34SBWRV9024 W112013 11112014 EACHOCCURRB4CE $1,000,000 X COMMERCIAL GENERAL LIASRfY imstB IEa a i l .$300,000 I CLAIMS-MADE X OCCUR A®EXP(Any ono parson) $10,000 PERSONAL IAOVINJURY $1,000,000 GENERAL AGGREGATE $2,000 000 GENt AGGREGATE LIMIT APPLIES PER PRODUCTS.COMP/OP AGO $2,000,000 POLICY{ I scT ri LOC $ A AUTOMOBILE LUBIUTY Y Y 34SBRV9024 */112013 /1/2014 .-COmswatu Lm AMMO $1.000,000 ANY AUTO BODILY INJURY(Par pares) $ ALL VANED SCHEDULED sooty INJURY(P acaaue) $� _ OS X HIRED AUTOS X �OSNMED PROP DAMAGE $ $ UMBRELLAUAe OCCUR EACH OCCURRENCE $ — EXCESS LIAR CLANS-WOE AGGREGATE $ B WORKERS I RETENTION S Y 34WE01N3844 */12013 1/1/2014 X I WCTA1 I $ AND EMPLOYERS'UABI ITY Y/N ER ANY PROPRIETOR/PARTNERJEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMEIER EXCLUDED, N/A (Mmdraory ti NN) E.L.DISEASE-EA EMPLOYEE $1,000,000 OEBGIRP ION OF OPERATIONS blow E.LRISEASE POLICY LIMIT $1,000,000 C Professional Uablily N Y DPS9710093 */12013 1/1/2014 Per Crain $1,000,000 Claims Made Annual Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Mesh ACORD 101.AddlionM RwNlm$elndrde,N mon spas,Is Inquired) As required by written contract or written agreement,the following sions apply subject to the policy terms,conditions,Imitations and exdusions: The Certificate Holder and Owner are included as Additional Insureds for . • and completed operations under General Liability and Additional Insured under Automobile Liability but only with respect to lability • . out of the Named insureds work performed on behalf of the certificate holder and owner. This insurance will apply on a , basis. A Blanket Waiver of Subrogation applies for General Liability,Automobile Liability and Workers'�.•Limited ontradual Liability is included. Luis A.Menendez CERTIFICATE HOLDER CANCELLATION SHO(L)ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN LUIS AND NASRIN MENENDEZ ACCORDANCE WITH THE POLICY PROVISIONS. 715 W MAIN ST STE 104 ASPEN CO 81611 AlmloRI REPRIESOITATmVE ©11N111-2010 ACORD CORPORATION. Al rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered mart of ACORD