HomeMy WebLinkAboutC08-304
FIRST AMENDMENT TO AGREEMENT FOR PRE-CONSTRUCTION OF THE
EAGLE COUNTY RECYCLING TRANSFER FACILITY
THIS FIRST AMENDMENT is made and entered into this day of October 2008, between
Eagle County, by and through its Board of County Commissioners (hereinafter referred to as
"County") and Shaw Construction, (hereinafter referred to as "Contractor").
WHEREAS, County and Contractor entered into an Agreement for the Preconstruction Services
of the Eagle County Recycling Transfer Facility dated September 30, 2008 ("Original
Agreement") wherein Contractor provides preconstruction services normally and customarily
provided during the planning and design phases of the project.
WHEREAS, the Original Agreement did not address the procurement of equipment in order to
maintain schedule, acquire design documents and lock in prices of equipment required for the
project.
WHEREAS, the County is now desirous of moving forward the procurement of equipment in
order to maintain the construct schedule, acquire design documents and lock in prices of the
equipment and Contractor is willing to perform the same under the terms and conditions of the
Original Agreement and this First Amendment.
In consideration of the terms and conditions of the Original Agreement and this First
Amendment, the sufficiency of which is hereby acknowledged, County and Contractor agree that
this Amendment shall add to, replace, and supersede those sections of the Original Agreement as
follows:
Article 2 -Work. Article 2 shall be amended by the addition of the following sections:
"Article 2.LK County and Contractor agree that Contractor is authorized to contract with
and purchase the metal building from Metallic, the sorting equipment from Machinex and the
scale from Blackford at prices agreed to and authorized by the Project Manager. Contractor is
authorized to bill County for the deposit and subsequent following payments for the above items
as agreed to in the purchase agreements and authorized by the Project Manager in addition to,
and in excess of, the $5000 amount for the preconstruction services of the Agreement."
"Article 2.I.L Contractor's purchase agreements for those items listed in Article 2.1K
shall specifically set forth that County may, in its sole discretion, assume any and all purchase
agreements from Metallic, Machinex and Blackford from Contractor in the event Contractor
leaves the Project for any reason."
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 Amendment on the day and year first
above written.
COUNTY:
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO
Through its BOARD OF COUNTY
~rGsn recrn~.r~uc _
Teak SimoKton
Clerk to the Board of
County Commis' ~s..
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CONTRACTOR:
STATE OF <<~ ~~ - ~~,~~)
COUNTY OF ~~~ YF~ )
ss.
SHAW CONSTRUCTION
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Name: ~~ ~,~.~, C~•arC
Title: c~a*+•~.~. ~}/\
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The foregoing instrument was acknowledged before me this `~o day of .•••• ••• ~
•~: NOr~9,p~2i `
C~c~'-v ~ ~- ~ , 2008, by C ~~ ; -. ;~ ~«,
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Witness my hand and official seal. y ~
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Notary ublic ~~ORA00
My commission expires: ~ - a °~ - ~~' ~ v
