HomeMy WebLinkAboutC16-119 Ewing TruckingFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COI.INTY, COLORADO AND EWING TRUCKING & CONSTRUCTION THIS FIRST AMENDMENT ("First Amendment") is etlbctive as of the | /t- day of April, 2016by and between Ewing Trucking and Construction (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 18th day of November, 2015, for certain services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $23,389.15 and a completion date of November 30,2015; and WHEREAS, the Services were not completed on the schedule identified in the Original Agreement; and WHEREAS, the Parties wish to revise the Original Agreement to provide a new schedule for completion of the Work and to reflect a new contract price that does not include winterization costs; and WHEREAS, County and Consultant 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. Contractor agrees to furnish the Services no later than May 31,2016. 2. The Original Agreement shall be amended by the deletion in its entirety of Exhibit B and replacement with Exhibit B-1, which is attached hereto and incorporated herein by reference. 3. The compensation for the Services shall be in a sum computed and payable as set forth in Exhibit B-1, which shall not exceed $19,864.15. 4. An updated certificate of insurance consistent with the requirements for insurance contained in the Original Agreement is attached hereto as Exhibit C-l. 5.Capitahzed 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 By: ffii-etofi-.y. com Pfl ssio nem' Offi ce C16-119 Amendment conflict with, modifu 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. Except as expressly altered, modified and changed in this First 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. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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 Throush Its COUNTY MANAGER Brent McFall,Manager CONSULTANT Title:t?1 4 046t-,? 2 Eagle County Am Scope and Comp Final 5/14 6. 7. By: EAGLE COUNTY BUS WASH SLAB QUANTITY UNITS UNIT PRIGE 650.00 3.50 23.00 12.50 1.25 70,00 136,00 1.75 3.15 Exhibit B-r TOTAL $650.00 $353.50 $2,139.00 $1 ,162.50 $1,050.00 $1,190.00 $12,648.00 $605.00 $66.1 5 $19,864.15 /0 -)"at,iS Date DESCRIPTION MOBILIZATION SAWCUT EXISTING ASPHALT REMOVE EXISTING ASPHALT REMOVE EXISTING BASE COURSE FINE GRADE/SUBGRADE PREP ABC CLASS 6 6 " CONCRETE PAD # 4 REBAR EXPANSION JOINT TOTAL NOTES: 1. Testing by owner 2. Permits by owner 3.No over ex included 4. No winter protection included -#*rt*- Trent Eichler Ewing Trucking & Construction, LLC .l I 101 93 93 840 17 93 1210 21 L.S. L.F. S.Y. S,Y. S.F. c.Y. S.Y. L.F. L.F, P.O, Box 2303 * Edwards, CO 81632 * (970) 926-2770 * (970) 926-4736 fax x bart@ewingtrucking,com --a,conif\-"CERTIFICATE OF LIABILITY INSURANCE DATE (MM,DDTYYYN L2 / L6 /2075 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 CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, sublect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not conter rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody-Valley Insurance Agency, Inc. 750 Horizon Dr, Suite 302 Grand Junction co 81505 ixilii"'Tonya Raymond llP\t^.*.. (970)248-8300 liil .^,. tslot242-ras4 i'JmLEss. t raymond@moody i n s . corn INSURER(S} AFFONOING COVERAGE NAIC # nsunenlCincinnati Insurance Comoanies INSURED Ewing Trucking and Construction, LLC. PO Box 2303 Edwards CO 8L632 rNsuRER B :PinnacoI Assurance 41 190 INSTJRER C : INSURER D : INqI IRFF F INSIJFER F : COVERAGES CERTIFICATE NUMBER:I6-l-7 with forms REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO 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 INSUHANCE 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, NSH LTR rYPE OF INSUFANCE \oot POI ICV NIIMBFP POLICY EXP IMM/DDTYYYM LIMITS A x COMMERCIAL GENERAL LIABILITY I cr-nrus-vroe I 1 | occunt-x EPPo17 197 I Additional Insured status L/L/2076 L / t /20L7 EACH OCCURRENCE $ 1,000,000 DAMAGb IQ HENIEU PFIFMfSFS lFa aaarrrc 6 100,000 MED EXP (Anv one gerson)$ 5,000 PERSONAL & ADV INJURY s 1,000,000 GEI x .],1 AGGREGATE LIMIT APPLIES PER:f---l ppo-eoucvl llil-1 | lLoc applies only to the extent provided in forn GA233CO 05l11. GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG s 2 ,000,000 Pollution Liability $ r, 000,000 A AU 'OMOBILE LIABILITY ANY AUTO ALL OWNED f__l SCHEDULEDAUTOS I I AUTOSf_-l NoN-owNEDHTREDAuros l ] Auros tl x EBAO17 197 1 L/t/2016 L/t/2017 COMtsINEU SINGLh LIMII lEa accidentl $ 1,000,000 x BOOILY INJURY (Per person) BODILY INJUFY (Per accident) PHOPTH IY IJAMAGE i,|edical oavr $ 5,000 A x UMBRELLA LIAB EXCESS LIAB X I occun-l.*,rr.roo. 8PP0171971 7/L/20L6 t/L/20L7 EACH OCCURRENCE s 2.000. oo0 AGGREGATE $ 2.OOO.OOO DEo I x lRErerrrors lo.ooo q B WOFKERS COMPENSATION AND EMPLOYERS' LIABILITY ANy pRopRrEToR/'ARTNER/EXEcutua I4 OFFICER/MEI\4BER EXCLUDED? L(Mandatory in NH) lf yes, describe under DESCRIPTION OF OPERATIONS below N/A 1856142 L/t/2075 L/L/20L7 vlrEh I lUlalcT^TrrrEllcc E.L. EACH ACCIDENT $ 1.OOO-OOO E.L. DISEASE - EA EMPLOYE s 1. ooo. ooo E.L. DISEASE. POLICY LIMIT s 1.ooo.ooo A Cargo EPPOIT 197 I l/L/20L6 r/L/20L7 Single Conveyance F 500,000 DESCRIPTION OF OPEnATIONS / LOCATIONS / VEHICLES (ACORD tOr, Additional Remarks Schedute, may be attached if more space is required)Eagle county Government, DBA Eagle county Engineering, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds underthe comnercial general liability and automobile liability policies of insurance. CERTIFICATE HOLDER CANCELTATION Eagle County Government DBA Eagle County Engineering 5OO Broadway Eagle, CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOBIZED REPRESENTATIVE Tonya Raymond/TONRAY 5wt'g- AazUYArr^A' @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2O14lO1l The ACORD name and logo are registered marks ot ACORDlNSo2stmraorr ExHtBtr c-I