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HomeMy WebLinkAboutC20-198 Weedy PiesFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WEEDY PIE’S, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of ____________________, by and between Weedy Pie’s, Inc. a Colorado corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated 03 day of July, 2018, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement expires on the 31 day of October, 2020 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. 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 extend the term to the 31 day of October, 2021. 2.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. 3. 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. 4.This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314 5/21/2020 C20-198 2 Eagle County Amendment Ext Term 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 By: ______________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314 Lisa Taylor President EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES Work will be accomplished on CDOT controlled rights of way and properties within Eagle County as directed by the Eagle County Vegetation Management Lead. Focus areas will be determined and application products and techniques will be chosen in the field to address the changing requirements of seasonal vegetation growth and terrain. Contractor shall consult with County on acceptable weed control methods including pesticides/herbicides to be used on designated properties. Contractor’s use and application of pesticides/herbicides shall comply with all applicable Federal and state laws. Contractor’s hourly billing shall range from $100.00 to $120.00 per hour depending upon terrain and equipment utilized. These hourly rates are Contractor’s previously agreed upon rates with CDOT. Contractor will be providing their own herbicide for this agreement term. Application sheets detailing the hours spent, tasks performed, who performed each task, location of the Work performed and such other detail as County may request, are expected to be submitted every two weeks and processed for payment the first of every month. DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/13/2020 (970) 244-9627 (970) 245-6693 41297 Weedy Pies, Inc. 22749 Oxford Rd. Eckert, CO 81418 42390 A 1,000,000 X CPS7107123 5/11/2020 5/11/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B WEAU193300 5/11/2020 5/11/2021 Additional Insured with respect to General Liability (per attached CG 2033 0413), with respect to Automobile Liability. Primary/Non-Contributory with respect to General Liability (per attached CG 2001 0413). Eagle County, it's associates, or affiliated entities, elected officers, employees and agents are included as additional insured with respect to General Liability. Eagle County Government PO Box 850 Eagle, CO 81631 WEEDPIE-01 JBARKOCZY Colorado West Insurance Services, Inc. 2782 Crossroads Blvd Grand Junction, CO 81506 Kamryn Jennings kamryn@cwipro.com Scottsdale Insurance Company AmGUARD Insurance Company X X X X X X DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314 DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314 DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314 DocuSign Envelope ID: A009042A-9F3C-4934-982E-4C7C40025314