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HomeMy WebLinkAboutC17-286 Schmueser Gordon MeyerFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SCHMUESER GORDON MEYER, Inc. THIS FIRST AMENDMENT ("First Amendment") is effective as of 08/11/2017 by and between SCHMUESER GORDON MEYER, Inc. a Colorado Corporation (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 6th day of December, 2017, for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $176,851.00; 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. The Original Agreement shall be amended to include additional Services as described in Exhibit E, which is attached hereto and incorporated herein by reference. The Services will be performed as needed by the County at the rates identified in Exhibit E. 2. The compensation for the additional Services set forth in Exhibit E shall not exceed $24,893.00 or a total maximum compensation under the Original Agreement and this First Amendment of $201,744.00. 3. Section 10 of the Original Agreement shall be deleted and replaced with the following: Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. C17-286 COUNTY: Eagle County, Colorado Attention: Kevin Sharkey, ECO Trails Department 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 Telephone: 970-328-3523 Facsimile: 9710-328-3539 E -Mail: kevin.sharkey@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E -Mail: atty@ ea leg county.us CONSULTANT: SGM, Inc. 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 Telephone: 970-945-1004 Facsimile: 970-945-5948 E -Mail: danc@sgm-inc.com 4. 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. 5. 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. 2 Eagle County Am Scope and Comp Final 5/14 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 Bryan Treu, Interim County Manager CONSULTANT SCH RR Q RD()N MEYER, Inc. By: ��a ,. a , y Print Name: Troy Feese Title: CFO 3 Eagle County Am Scope and Comp Final 5/14 SG M ESTIMATED BY: Dan Cokley PROJECT: Eagle to Horn Hanch Trail DATE: 7110.'2017 CLIENT: ECO Trails REVISION: 1 5GM Hours and Labor Charges 1 Code PM Personnel Description *Project Manager WRate Dan Cokle $1$3.00 Hours 30 Salary Labor $5,490.00 2 CO `Construction Observation Ashley Cline $94.00 72 $6,768.00 'Assumes $5000 for pre -construction services "Assumes Schedule 1 - 18 weeks duration at 4 hr/week 'Ground Engineering work per proposal rates Preconstruction and construction phase services to include meetings, submittal review, construction engineering, site inspections and review of QC/QA results provided by contractor and/or subconsultants. Work will be performed at the rates identified in this exhibit to the agreement as needed by Eagle County. bubtotail 102 $12,25U.001 1 GRD IQA - Schedule 1 'Ground Engineering $12,635.00 2 GRD QA - Schedule 2 Ground Enaineerina CM as a percent of construction cost estimate 0.4% Other Direct TOTAL COST $24 893.00 t Date: 7/10/2017 Page 1 of 1 SGM Confidential SGMXX_1 OP ID_. ACQRQ DATE IMMMDfYYYY] CERTIFICATE OF LIABILITY INSURANCE 0510212017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT 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 policy(les) must have ADDITIONAL INSURED provisions or 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 Neli•Garing Insurance PO Box 1576 Glenwood Springs, CO 81602 Brooke Walls INSURED Schmueser Gordon Meyer, Inc. dba SGM 118 West 6th Street, Suite 200 Glenwood Springs, CO 81601 1 CONT Sarah Sakala H PHONE 970-945-9111 noDR`6ss: ssakala@neil-garing.com I INSURERISj AFFORDING COVERAGE INSURER A, Travelers INSURER B : Pinnacol Assurance INSURER C: CNA Surety INSURER 0: INSURER E INSURER F FAX970-945-2350 (Arc. No): I NAIC 0 25682 41190 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR + AOOL SICY UER i POLICY EFF ' POLEXP LTR TYPE OF INSURANCE ;IRSD,.Wvo , POLICY HUMBER :(MMIODryyrYJ .(MWDDIYYYYJ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1'00010 CLAIMS -MAGE X OccuH X 680009H736866 05101/2017 05/0112018 r REMISETO ERENTED %rA r orce S 1,000,0i GEhTL AGGREGATE LIMIT APPLIES PER POLICY X jEGT LOC OTHER: _ A AUTOMOBILE LIABILITY X ANYAUTO OWNED SCHEDULED i AURTEO$ ONLY : AUTOS yy E❑ AUTOS ONLY , , AUTOS pNLY A UMBRELLA LIAB X OCCUR X EXCESS LIAR CLAIMS -MADE GED X RE IENTIO4 S 10,000 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIIE TTO.RWAR TNEWEXECUTIVE {AAorWalory In NNj EXCLUDED? R desenbe under DESCRIPTION OF DoE WiT;048 Do ow C Professional Liab MEO EXP (Arron persm) 5 10, PUHSONAL &AOV INJURY 3 1,000, GENERAL AGGREGATE: $2.000, ' - PRODUCTS • COMPFOP AGO S _ 2,000, COMBINED SINGLE LIMIT 1,080, (Ea acc-daY•t) • .$ X BA7524XS73 0510112017 05/0112016 GODILY INJURY (Per person) , S BODILY INJURY (Por accident). S 1�'Rvle'E�RYmDAMAGE S EACH OCCURRENCE S 4,000, CUP7525X138 05101/2017 05/01/2018 4,000, AGGREGATE S X . STATUTE . X ;4182376 0510112017 05101/2018 I D EACH s 1 NIA' 1 L 1-. DISEASE • EA EMPLOYEE- S _ L I. DISEASE - POLICY LIVtI T S 1 AEHOO6088526 1213112016* 12131/2017 Per Claim 1 Aggregate 2 IPAON OF F A I 8 L TION EHICLES CoRp tp Addltlon I pa I� a hadu 6e ateaehed It maro apace Is required) Was IncPud"ed °a I A�li"r°�lon l'InSureEiFAu OW' heneraT E111% llt In�agiu°�o )ility only and only in respect to ongoing operations performed by are on behalf of holder as requiredby written contract. CERTIFICATE HOLDER _ Eagle County ECO Trails Department PO Box 1870 Gypsum, CO 81637 ACORD 25 (2016103) CANCELLATION EAGLEEO —� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE NTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ vc @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD