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HomeMy WebLinkAboutC18-055 Lewan & AssociatesSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND LEWAN & ASSOCIATES, INC. THIS SECOND AMENDMENT ("Second Amendment") is effective as of the 3 V day of December, 2017 by and between Lewan & Associates, 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 22nd day of June, 2015, for certain Services (the "Original Agreement"); and WHEREAS, by a First Amendment dated the 12t11 day of December, 2015, the parties modified the compensation and extended the term of the Original Agreement to December 31, 2017; and WHEREAS, the term of the Original Agreement expires on the 3V day of December, 2017 and the parties desire 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. 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 Original Agreement shall be amended to extend the term to the 3 V day of December, 2018. 2. The Original Agreement shall be amended to include additional On -Call Services to be performed in accordance with the provisions and conditions of the Original Agreement. Consultant agrees to provide general IT engineering services to the County on an on-call basis in accordance with a formal proposal, in writing, for each on-call service to be provided by Consultant and approved by County at the hourly rates set forth in Exhibit B 1 attached hereto and incorporated herein by reference ("On -Call Services"). 3. The compensation for the additional On -Call Services shall not exceed $20,000 annually. 4. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. C18-055 5. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full farce and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] 2 Eagle County Amendment Ext Term Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER BV: L� Kelley Collier, Deputy County Manager LEWAN & ASSOCIATES, INC. Ll�� Print Name: Steve St John Title: President of IT Solutions 3 Eagle County Amendment Ext Term Final 5/14 EXHIBIT B 1 RATE SHEET Resource Category* Rate Code Hourly Rates Regular SMB Engineer (25 users or less) SD-SE1 Engineer I SD-SE1 $145 Engineer 11 SD-SE2 $165 Senior Engineer SD-SE3 $190 Consulting Engineer SD-SE4 $210 Architect SD-SE5 $230 Project Coordinator SD-PM1 $135 Project Manager SD-PM2 $175 Program Manager SD-PM3 $185 The above rates are for support Monday through Friday (excluding local, observed holidays) 8:00 am to 5:00 pm Mountain Time ("Business Hours"). Services performed are charged in quarter-hour increments. Service outside Business Hours is provided per resource availability at double the hourly rate for Sunday and holiday work and time -and -one-half the hourly rate for other off -hours work. There is a 1 -hour minimum billing charge to Client's for on-site response outside Business Hours. A one-way travel charge will be billed to Client at the hourly rate for the SE or project manager. All travel time will be assessed from the Lewan office at 1400 S. Colorado Boulevard, Denver CQ 80222 to the Client location. Standard rates will apply to business -hours travel, and over -time and double-time rates will apply as noted above. There is a minimum 15 - minute trip charge. 4 Eagle County Amendment Ext Term Final 5/14 ACC)ROr CERTIFICATE OF LIABILITY INSURANCE1 �k� . DATE [MM'DD.'YYYY] 212212017 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. It 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 Sterling Seacrest Partners, Inc. 6525 The Corners Pkwy CONIPM NAME: Marie Bearden, CIC CISR PHONE 404-602-5678 FAX 4{]4 fifl2-5661 AIC No Ext : AC Ma E-MAIL mbearden®sspins.com ADDRESS: Ste 500 Peachtree Corners, GA 30092-3352 01101!2018 01/01/2019 EACH OCCURRENCE $ 1,000,000 INSURE AFFORD!!G COVERAGE NAIL 9 INSURER A :Hartford Fre Insurance Company 19882 INSURER B:Trumbull Insurance Company 27120 INSURED Lewan & Associates, Inc. INSURER C: 1400 S. Colorado Blvd Denver, CO 80222-3648 INSURER D INSURER E., INSURER F: COVERAGES CERTIFICATE NUMBER:5ZZ9KBP2 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCEADUL LTR SUER IN D WVD POLICY NUMBER Y EFF DDS POLICY EXP MM!DD!YYY A X CD MME RCIAL GENERAL LME ILITY 20 CSE 524102 01101!2018 01/01/2019 EACH OCCURRENCE $ 1,000,000 � PRAGE C 500.000 OLAIMS-MADE OCCUR EMISESEaENTED o.u,ence $ X Contractual Liability MED EXP [Any one person! $ 10,000 PERSONALS ADV INJURY $ 1,0D0,0D0 GE N'L AGG R EGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 2,000,000 POLICY n Eo- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER' $ A AUTOMDBILE LME ILITY 20 CSE 524103 0110112018 0110112019BINE❑ SINGLE LIMIT 2000 000 Ea aCClderlt X ANY AUTO BODILY INJURY [Per person] $ OWNED SCHEDULED BODILY INJURY [Peraccident] $ AUTOS ONLY AUTOS X HIRED x NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOSONLY Per accident Comp & Collision $O Ded UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION 20 WN 524100 0110112018 0110112019 1 X 10TH AND EMPLOYERS' LIABILITY YIN STAT TE FR ANY PRO PRI ETORMART NEMEXECUTI VE EXCLUDES MONOPOLISTIC E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA STATES (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 H yes, describe under 1,000,000 DESCRIPT11N OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $ DESCRIPTION DF OPERATIONSI LOCATIONS 1 VEHICLES (ACD RD 101, Additional Remarks Schedule, may beattached it more space is required} Eagle County, its associated or affiliated entities, its successors and assigns, elected officials employees, agents and volunteers islare an additional insured with resp ectto liability coverage as required by written contract or agreement with respect to sales and service of equipment and supplies by Lewan & Associates, Inc.. RIMP;111;1L@f 1:0ila]4N]a: ■1_ 191afaAW_IIOU9 Eagle County 500 Broadway Eagle, CO 81631 ACORD 25 (2016,+03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6"�� ti Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD