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HomeMy WebLinkAboutC06-175 I f FIRST AMENDMENT TO THE AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR SHERIFF'S DEPARTMENT AND JUSTICE SERVICES PROGRAMMING & MASTER PLANNING THIS First Amendment to the Agreement Regarding Provision of Professional Services for Sheriffs Department and Jus/11Services Programming and Master Planning is made and entered into this ~ay of ~' 2006 between Eagle County, by and through its Board of County Commissioners (h einafter referred to as "County") and Reilly Johnson Architecture, a Colorado corporation (hereinafter referred to as "Architect"). WHEREAS, County and Architect entered into an Agreement dated August 2, 2005 ("Original Agreement") for Professional Services, a copy of which is attached hereto as Exhibit "l "; and WHEREAS, the Original Agreement was for the provision of Phase 1 services and provided for the provision of Phase 2 and Phase 3 services upon County request; and WHEREAS, County is desirous of now utilizing Architect for those services identified in Phase 2 and Phase 3 of the Original Agreement. In consideration of the terms and conditions of the Original Agreement and the amendments herein, the sufficiency of which is hereby acknowledged, County and Architect agree that this First Amendment shall replace and supersede the section of the Original Agreement as stated hereunder. ARTICLE 3-Time of Performance and Termination, Paragraph "a" shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment: "Article 3 - Time of Performance and Termination a. The County acknowledges that for reasons beyond the Architect's control, substantial completion of the Phase 1 Services was delayed until March 21,2006. There shall be no penalty against the Architect for such delay. The Architect shall commence the Phase 2 and Phase 3 Services within ten (10) business days, and complete the Phase 2 and 3 Services within one hundred (100) calendar days, of his receipt of a fully executed copy of this Amendment. ARTICLE 4-Compensation and Payment, Paragraph "a" shall be deleted in its entirety and replaced with the following effective upon the execution ofthis First Amendment: "Article 4 - Compensation and Payment a. In consideration for providing the Phase 1 Services, as defmed in Exhibit A, the Architect shall be paid a fixed fee of$12,800.00 plus reimbursement of expenses not to exceed $1,300.00. Phase 1 Services were expanded by the County to include a survey of surrounding counties regarding the availability and cost of jail beds for rent, and for the preparation of a cost comparison between constructing additional jail beds and renting jail beds. This expansion of Phase 1 Services will increase the Phase 1 Services compensation to a fixed fee of $14,800.00, plus reimbursement of expenses not to exceed $1,300.00. In consideration for providing the Phase 2 and Phase 3 Services, the Architect shall be paid an additional fixed fee of $18,400.00, plus reimbursement of expenses not to exceed $1,800.00." County and Architect agree that, except as expressly altered, modified and changed in this First Amendment, all tenns and provisions of the Original Agreement shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this First Amendment and the Original Agreement, the provisions of this First Amendment shall control. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and year first above written. COUNTY: ATTEST: ARCHITECT: By: Name: Robert D. Johnson Jr \H)f<il1