HomeMy WebLinkAboutC17-438 Sopris EngineeringFIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND SOPRIS ENGINEERING, LLC FOR THE EL JEBEL ROAD IMPROVEMENT PROJECT THIS FIRST AMENDMENT ("First Amendment") is effective as of the_ day of April, 2017, by and between Sopris Engineering LLC, a Colorado limited liability company (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County entered into an agreement dated the 11th day of April, 2017 for certain Services (the "Original Agreement"); and WHREAS, the Original Agreement contemplated that the Consultant would retain Drake Consulting, Inc. as its sub­ consultant for as built/field work surveying and that Drake Consulting, Inc. would maintain insurance as set forth in the Original Agreement; and WHEREAS, the County and Consultant have learned that Drake Consulting, Inc. will maintain personal automobile insurance coverage in connection with the performance of its sub-consulting services; and WHEREAS, notwithstanding the foregoing, County and Consultant desire to have Drake Consulting, Inc. perform surveying services as Consultant's sub-consultant under the Original Agreement but wish to clarify the insurance requirements applicable to Drake Consulting, Inc. FIRST AMENDMENT NOW THEREFOR, in consideration of the foregoing and the mutual rights and obligations as set forth below the parties agree as follows: I.Section 7 a. ii of the Original Agreement shall be amended to read as follows: "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. Consultant hereby represents and warrants that its sub-consultant Drake Consulting, Inc. and the owner or employees of Drake Consulting, Inc. maintain personal auto insurance for operation of their personal vehicles as set forth in Exhibit I." 2.Section 7.b.i. of the Original Agreement shall be amended to read as follows: "i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County and the State of Colorado (COOT), their associated or affiliated entities, successors and assigns, elected officials, employees, agents and volunteers as additional insureds. Drake Consulting, Inc. shall not be required to list Eagle County and CDOT as an additional insured on its personal auto insurance coverage identified in Exhibit I. The parties agree that County and CDOT shall not be responsible for any claims, liabilities, costs or damages arising from Drake Consulting, Inc. or any of its owners or employee' use and operation of any motor vehicle in connection with the Project." C17-438 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 portkms of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4.Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of theOriginal Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5.This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 6.This First Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this First Amendment. Only the following two forms of electronic signatures shall be permitted to bind the parties to this First Amendment: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-10 I to 121. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. State of Colorado ) )ss. County of Eagle ) COUNTY OF EAGLE, ST A TE OF COLORADO, By and Through Its Acting County Manager By: � -------·' CONSULT ANT: fducy Ad•cL<>/ Title: M� (,v The forego in� Agreement was acknowledged before my this / 3 day of Af (1...( L- , 2017, by--{A, f'J � l'l I CtWl,... asP«tNc.cp�z.../�Sopris Engineering, LLC, a Colorado limited liability company. Witness my hand and official seal. My commi ,:nn ----·----• •JULIE YBARRA-LESLIE NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 20034007783 MY COMMISSION EXPIRES MARCH 06, �019 EXHIBIT l PROOF OF AUTO INSURANCE OWNER/EMPLOYEE OF DRAKE CONSULTING, INC. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYI � 04/11/2017 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. 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 State Farm Carl Ciani, CLU A� 2402 South Grand Ave Glenwood Springs, CO 81601 INSURED Travis Kaiser Drake Consulting, Inc 215 HUTTON AVE RIFLE, CO 81650 COVERAGES CERTIFICATE NUMBER: �2�i�cT Teena Banducci r.lJ�N,t e�,. 970-945-6201 E-MAIL ADDRESS· I Fi{}� Nol: INSURERISI AFFORDING COVERAGE INSURER A: State Farm Mutual Automobile Insurance Company INSURERB: INSURER C: INSURER D: INSURER E: INSURER F: REVISION NUMBER: NAIC# 25178 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV\IITHSTANOING 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY f---0 CLAIMS-MADE □ OCCUR --GEN'L AGGREGATE LIMIT APPLIES PER: � □PRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY -ANY AUTO DLoc -O\M'JED :Z SCHEDULED AUTOS ONLY AUTOS NON-0\MIIED HIRED >--AUTOS ONLY -AUTOS ONLY UMBRELLA LIAB H OCCUR - EXCESS LIAB CLAIMS-MADE DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? (Mandatory In NHI �m��fi'J� 'tl't�PERATIONS below ADDL .. ,�� y NIA SUBR POLICYEFF POLICY EXP LIMITS ···-POLICY NUMBER IMM/DD/YYYYl IMM/DDNYYYl EACH OCCURRENCE $ �����iJ9E�';,���ncel $ MED EXP (Any one person\ $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE PRODUCTS· COMP/OP AGG $ $ y 170 6802-A23-06 07/23/2016 07/23/2017 COMBINED SINGLE LIMIT/Ea accldenll s 1,000,000 BODILY INJURY (Per person) s BODILY INJURY (Per accidenl) PROPERTY DAMAGE $ /Per eccidentl $ EACH OCCURRENCE $ AGGREGATE $ s I �f�TUTE I I OTH-ER E.L. EACH ACCIDENT $ E.L. DISEASE· EA EMPLOYEE $ E.L. DISEASE· POLICY LIMIT s DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remark, Schedule, may be attached II more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Soprls Engineering ACCORDANCE WITH THE POLICY PROVISIONS. stephanie@sopriseng.com AUTHORIZED REP RESENTATIVE I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016