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HomeMy WebLinkAboutC22-294 Distinctive Design Build_second amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DISTINCTIVE DESIGN BUILD LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of the ______________, by and between Distinctive Design Build LLC a Colorado limited liability Company (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated 9/22/2021 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 $25,000.00; and WHEREAS, the First Amendment contemplated that the Contractor would perform certain duties with compensation in an amount not to exceed $125,000.00; and WHEREAS, County and Contractor desire by this Second Amendment to expand the scope of Services and compensation 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 22nd day of September, 2023. 2. The compensation for the additional Services shall be based on the hourly rates set forth on Exhibit 1 and shall not exceed $550,000.00. The total maximum compensation under the Original Agreement, First Amendment, and this Second Amendment shall not exceed $675,000.00. 3. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: 0C0DC294-8D08-4794-883F-F5F3AAE37B3F 9/6/2022 2 Eagle County Am. Scope and Comp. Final 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONTRACTOR By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 0C0DC294-8D08-4794-883F-F5F3AAE37B3F Gabe Conner Owner Labor Rate Worksheet - 2022 Base Rates Rev. 8/08/2022 Position Hourly Rate Project Executive/Director 125.00$ Senior Project Manager 120.00$ Project Manager 115.00$ Assistant Project Manager 85.00$ General Superintendent 115.00$ Project Superintendent 100.00$ Assistant Superintendent 80.00$ Project Engineer 75.00$ Office Engineer 70.00$ Field Engineer 70.00$ BIM Manager 95.00$ BIM Technician 80.00$ Sr Preconst Mgr/Precon Director 125.00$ Preconstruction Manager 110.00$ Estimator 95.00$ Project Coordinator 65.00$ Carpenter Forman 60.00$ Carpenter 55.00$ Labor Foreman 45.00$ Laborer 40.00$ DocuSign Envelope ID: 0C0DC294-8D08-4794-883F-F5F3AAE37B3F 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 8/9/2022 (970) 824-8185 (970) 824-8188 38920 Distinctive Design Build, LLC 1048 Independent Ave, Ste A210 Grand Junction, CO 81505 41190 A 1,000,000 0100186822-0 5/1/2022 5/1/2023 100,000 Excluded 1,000,000 2,000,000 2,000,000 2,000,000A 0100186834-0 5/1/2022 5/1/2023 2,000,000 B 4234808 1/13/2022 1/1/2023 1,000,000 1,000,000 1,000,000 Eagle County 219 Eldon Wilson Rd Gypsum, CO 81637 DISTDES-01 LINDAP Mountain West In & Fin Serv LLC 100 E Victory Way Craig, CO 81625 Kinsale Insurance Company Pinnacol Assurance Aggregate X X X XX X X DocuSign Envelope ID: 0C0DC294-8D08-4794-883F-F5F3AAE37B3F