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HomeMy WebLinkAboutC19-051 HR Green Fiber and BroadbandDocuSign Envelope ID: A2C6E398-8057-4848-BCOC-BEOF7004A9C2 FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND HR GREEN FIBER AND BROADBAND, LLC THIS FIRST AMENDMENT ("First Amendment") is effective as of the first day of February, 2019 by and between HR Green Fiber and Broadband, LLC, an Iowa limited liability 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 eighth day of January, 2019, 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 $36,500; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 31 st day of January, 2019, and the parties desire to extend the term for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Original Agreement shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $2,500 or a total maximum compensation under the Original Agreement and this First Amendment of $39,000. In addition to this fixed fee, Consultant shall also be compensated for reasonable travel expenses including airline travel, hotel and meal charges for one trip to Eagle County. 3. The term of the Original Agreement is hereby extended to the first day of March, 2019. 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. DocuSign Envelope ID: A2C6E398-8057-4848-BCOC-BEOF7004A9C2 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. 6. 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 Through Its COUNTY MANAGER Signed by: By: F��S�ra JefffhMfll,lebianty Manager CONSULTANT By: RDocuSigned by: 6-ntff AD815C7EUCC438... Print Name: Edward K. Barrett Title: Practice Leader 2 Eagle County Amend Tenn Scope Comp Final 5/14 DocuSign Envelope ID: A2C6E398-8057-4848-BCOC-BEOF7004A9C2 Exhibit 1— Scope of Services Consultant shall conduct meetings with the Town of Eagle Boards of Trustees on February 12th to present the findings of the analysis completed in the original scope of service. The scope of services envisioned for services rendered in this Addenda includes: Task 1 - Prepare and Conduct Trustee Meetings: Conduct one meeting with Town and County Staff, and prepare presentation materials that will provide an overview of findings to Boards of Trustees. Travel to Eagle County and present findings at Trustee Meetings. Cost of this phase shall be billed at a flat rate of $2,500. 3 Eagle County Amend Tenn Scope Comp Final 5/14 DocuSign Envelope ID: A2C6E398-8057-4848-BCOC-BEOF7004A9C2 �w �cz. CERTIFICATE OF LIABILITY INSURANCE 01/02/2019 Y' 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 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 1-800-300-0325 Holmes Murphy & Assoc - CR CONTACT NAME: Michelle Gruis PHONE FAX IC No Ext): 319-896-7715 A/C No): 866-231-7822 LAIC, E-MAIL ruis@holmesmu h ADDRESS: m g x'P Y•com 201 First Street SE, Suite 700 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 Cedar Rapids, IA 52401 INSURED INSURER B: Travelers Property Casualty Company of 25674 HR Green Fiber and Broadband, LLC INSURERC:XL SPECIALTY INS CO 37885 INSURER D: 8710 Earhart Lane SW INSURER E: PREM SES Ea occur ante $ 300,000 INSURER F: MED EXP (Any one person) Cedar Rapids, IA 52404 COVERAGES CERTIFICATE NUMBER: 55035336 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL0373096709 01/01/19 01/01/20 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEOCCUR PREM SES Ea occur ante $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L POLICY PEC LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP373096809 01/01/19 01/01/20 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X X NON -OWNED HIRED AUTOS AUTOS B X UMBRELLA LIAB X OCCUR ZUP14N8656619 01/01/19 01/01/20 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10,000 $ A WORKERS EMPLOY EMPLOYERS'TION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WC373096609 01/01/19 01/01/20 X STATUTE ERER H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability DPR9935712 01/01/19 01/01/20 Per Claim 5,000,000 (Claims Made Coverage) Aggregate 6,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project No. 181790 Eagle County, its associated or affiliated entities, its successors and assigns, elected officials and employees are included as Additional Insureds on the General Liability and Auto Liability as required by written contract with the insured, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION Eagle County, Colorado Attn: Abby Musfeldt 500 Broadway PO Box 850 Eagle, CO 81631 ACORD 25 (2014/01) kbrewercr 55035336 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 USAF/ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD