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HomeMy WebLinkAboutC14-348 Ideal Fencing Corporation First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND IDEAL FENCING CORPORATION „THIS FIR T AMENDMENT ("First Amendment") is effective as of the C (`�-�' day of , 2014 by and between Ideal Fencing Corp., a Colorado Corporation (hereinafter "Consultant"or"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 8th day of September, 2014, for certain Services (the"Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain duties with compensation in an amount not to exceed $18,710.00; and WHEREAS, a portion of the existing guardrail along Squaw Creek Road has been damaged and requires immediate repair or replacement to preserve the public health and safety and therefore the County desires to add additional services and compensation to the Original Agreement; and WHEREAS, County and Contractor desire by this First Amendment to expand the scope of Services and compensation as set forth in the Original Agreement. 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 as described in Exhibit 1, which is attached hereto and incorporated herein by reference. Contractor shall perform the additional Services in accordance with the terms of the Original Agreement. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $9,500.00 or a total maximum compensation under the Original Agreement and this First Amendment of$28,210.00. 3. 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. 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: �r� i►�.eith Montag,County Manager CONTRACTOR: IDEAL FENCING CORPORATION a Colorado corporation By: %4'..i,-. - Print Name: . s 1 10412.rry Title: s7;,1 f 2 Eagle County Am Scope and Comp Final 5/14 t ESPR9P DATE: 08/28/14 PAGE 1 IDEAL FENCING CORPORATION 5795 IDEAL DRIVE ERIE CO 80516 (303)962-8100 ESTIMATE: 002127 TITLE: SQUAW CREEK ROAD PAY ITEM PAY ITEM DESCRIPTION QUANTITY U.M. UNIT COST AMOUNT 01 REPAIR GUARDRAIL TYPE 3 1.000 LS 7,400.000 7,400.00 02 TRAFFIC CONTROL 1.000 DY 2, 100.000 2,100.00 ESTIMATE TOTAL $9,500.00 Tabulated to remove and replace damaged guardrail. Concrete barrier removed by others. Quote subject to change after 30 days. Utility potholing will be billed at $250.00 per hour if needed. Terms: Per contract James W. Bockelmann President a DATE(MMIODIYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 9/3/2014 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 pallcy(les)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). PRODUCER CONTACT Nick Siakatos, ARM, CRIS NAME: Moody Insurance Agency, Inc. PHONE r„u. (303)824-6600 I FAX.No1;1ao3)37o-oiie 8055 East Tufts Avenue EADORESS:aaiakotoseatoodyias.corn Suite 1000 INSURERS)AFFORDING COVERAGE NAICII . Denver CO 80237 INSURER A:Travelers INSURED INSURER B:Pinnacol Assurance 41190 Ideal Fencing Corporation INSURERC: - 5795 Ideal Drive INSURER0: INSURE/1E: Frederick CO 80516 INSURER F: COVERAGES CERTIFICATE NUMBER:13-14 All Linea - IF 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 WTH 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 INSR` TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP LTry INSR WWI POLICY NUMBER tMsuocti YYY} 1MMA)DIYYYYL Leos GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES TO RENTED,es} $ 300,000 A 1CLAIMS.AAD£ © OCCUR X DTC061586251APHX13 10/1/2013 10/1/2014 MED EXP(Ant one Forams) S 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERALAGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2,000,0 00 7 POLICY n irg E LOC $ AUTOMOBILE UABIUTY COMBINED alxSINGLE LIMIT s 1,000,000 X ANY AUTO BODILY INJURY(Per person) S A ALL OWNED SCHEDULED x DT8106D136251ACOr13 10/1/2013 10/1/2014 BODILY INJURY(Per accident) S AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS S X UMBRELLA UAB X OCCUR EACH OCCURRENCE 5 2,000,000 A -_EXCESS UA ,M B CLAIMSADE AGGREGATE S 2,000,000 + DED I X I RETENTIONS 10,000 DTSMCUP6D86251ATIL13 10/1/2013 10/1/2014 i tl S B WORKERS COMPENSATION X 1 WC i MISS I IOER• AND EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNER:EXECUTIVE YN NI A EL EACH ACCIDENT $ 500,000 (Mind OFFiCER/MEMBER EXCLUDED? �1 4058096 10/1/2013 10/1/2014 E.L.DISEASE-EA EMPLOYEE $ 500,000 (Mand,tery M NN) i_f�ros desu'be order EL DISEASE-POUCY LIMIT S 500,000 DES�RIP1tON OF OPERATIONS uMoW , A Leased/Rented Equipment 0T6606D881800TIA13 10/1/2013 10/1/2014 Limo $500,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(Attach ACORD let,Addition,)Remarks Schedule,II more space Is required) RE: Eagle County 2014 Guardrail Project-Sweetwater Rd. IFCti 14-590. Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are included as an Additional Insured with respect to General Liability as required by written contract, and Automobile Liability. t 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, Eagle County Road & Bridge P.O. Box 250 AUTHORIZED REPRESENTATIVE Eagle, CO 81631 Li Siakotos, ARM, CRIS /tc•QSif. ., -t ACORD 25(2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. 1N502511nM51ni The,4t^fIPn nave an,4Innn ar0 ranlctarorl,narie of Ar nan COMMERCIAL GENERAL LIABILITY • I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional Insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the Insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement Is primary to "other insur- damage arising out of the"occurrence"or ante" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described In paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional In- receive written notice of the claim or"suit"as sured on this Coverage Part, provided that soon as practicable. the "bodily Injury" and "property damage" 0c- c) The additional insured must immediately curs and the"personal injury"is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect:and fense and indemnity of any claim or"suit"to c. Before the end of the policy period. 411 •jam viM pAM SIME DES ows aae= • Page 2 of 2 ®2005 The St.Paul Travelers Companies, Inc. CG D2 44 08 05 000150 Policy Number:DT8106D86251ACOF13 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A.' BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1.,Who Is "property damage" occurs arid that is In effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age,organization you newly acquire or form dur- age, but only for damages to which this Insurance Any g y y q applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained In Section separately insured for Business Auto Coverage. II Coverage under this provision is afforded only un- G. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following Is added to Paragraph A.1., ever is earlier. Who Is An insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE An "employee" of yours is an "insured"while The following Is added to Paragraph c. in A.1., operating an "auto" hired or rented under a Who Is An Insured, of SECTION II—LIABILITY COVERAGE: contract or agreement In that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to t he conduc t of your busi- a written contract or agreement between you and ness. that person or organization, that Is signed and CA T3 53 02 12 C 2010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc with its permission: COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your"employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered"auto"hired or rented by (a) With respect to any claim made or"suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America. Puerto ing duties related to the conduct of Rico and Canada: your business. (I) You must arrange to defend the "in- However,any "auto" that is leased, hired, sured"against, and investigate or set- rented or borrowed with a driver is not a tie any such claim or"suit" and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED Lions. The following is added to Paragraph AA.,Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE' without our consent, Any "employee"of yours is an"insured'while us- (iii)We may, at our discretion, participate ing a covered"auto"you don't own,hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv) We will reimburse the "insured" for sums that the "insured" legally must 1. The following replaces Paragraph A.2.a.(2), of SECTION II—LIABILITY COVERAGE: pay as damages because of 'bodily injury"or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but Lions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual Lion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included within the limit described in Para- F. HIRED AUTO — LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION 11 — LIABILITY COVER- The following replaces Subparagraph(5)in Para- AGE,and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- T1ONS: plicable limit of Insurance in pay- (5) Anywhere in the world, except any country or merits for damages, settlements or jurisdiction while any trade sanction, em- defense expenses, bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ®2010 The Travelers Indemnity Company CA 13 53 0212 Includes copyrighted material of Insurance Services Office.Inc:with Its permission COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an"insured'", and try up to the minimum limits required by (2) in or on your covered"auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered"auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) it is understood that we are not an admit- stone, of SECTION lit — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE; United States of America, Its territories Exclusion 3.a. does not apply to "loss"to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto"you own that In- ada. We assume no responsibility for the flate due to a cause other than a cause of"loss" furnishing of certificates of insurance, or for compliance in any way with the laws set forth in Paragraphs A.1.13. and A.1.c., but of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that"auto" Is a covered "auto" for Compre- The following is added to Paragraph D., De- hensive Coverage under this policy; ductible, of SECTION III—PHYSICAL DAMAGE b. The airbags are not covered under any war- COVERAGE: ranty;and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of$1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or"loss" ap- for loss of use is $65 per day, to a maximum of plies only when the"accident"or"loss"Is known $750 for any one"accident". to. 1. PHYSICAL DAMAGE — TRANSPORTATION (a) You(If you are an Individual); EXPENSES—INCREASED LIMIT (b) A partner Of you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability corn- graph A.4.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVERA- (d) An executive officer, director or insurance GE: manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any"employee"authorized by you to give no- curred by you because of the total theft of a coy- tice of the"accident"or"loss". ered"auto"of the private passenger type CA 13 53 0212 0 2010 The Travelers Indemnity Company Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the person or organization designated in such The following replaces Paragraph A.5., Transfer contract. Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against SECTION IV—BUSINESS of Others To Us INESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident'or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 02010 The Travelers Indemnity Company CA T3 53 0212 Includes copyrighted material of Insurance Services Office.Inc with Its permission.