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HomeMy WebLinkAboutC12-385 H&B Snow Removal Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND H & B SNOW REMOVAL SERVICES, INC. , THIS THIRD MENDMENT ( "Third Amendment ") is made and entered into this )--° day of , 012, between Eagle County, Colorado, by and through its Board of County Commissioners (hereinafter referred to as "County ") and H & B Snow Removal Services, Inc. a Colorado corporation with its principal place of business at 916 B Chambers Ave., Eagle, CO 81631 (hereinafter referred to as "Contractor "). WHEREAS, County and Contractor entered into an Agreement for snow removal services dated December 3, 2010 ( "Original Agreement "), a First Amendment dated October 31, 2011 ( "First Amendment") and a Second Amendment dated December 8, 2011 ( "Second Amendment"); and WHEREAS, County and Contractor wish to amend the terms of the Original Agreement to clarify the scope of Work, extend the term of Original Agreement and to modify the compensation provisions. THIRD AMENDMENT NOW, THEREFORE, County and Contractor agree that the Original Agreement is hereby amended as follows: 1. Article 1, Work, and Section 1.1 shall be amended to add the removal of frozen precipitation from (li) the recreation path that runs along Miller Ranch Road from the round -about at Edwards Spur Road to the ECO recreation path near the rail road track crossing as depicted in Exhibit A3.1 which is attached hereto and incorporated herein by reference; and (2) the recreation path that goes around the Freedom Pond as depicted in Exhibit A3.2 which is attached hereto and incorporated herein by reference. Exhibit A3.3 is attached hereto and incorporated herein by reference to clarify the scope of work at the Miller Ranch Community Center and (3) the On -Call work for Senior Center as requested by Facilities Management. 2. Article 3, Term of Agreement, Section 3.1 shall be amended to extend the term of the Original Agreement and any amendments thereto, for an additional one -year term expiring on December 3, 2013. 3. Article 4, Renumeration [sic.], Section 4.1, shall be modified to include the following language: For the Work provided for the Justice Center as provided herein, County shall pay to the Contractor monthly installments of $764.77 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $3,059.10 absent a written amendment to this Agreement as described in the Scope of Work and Fees List attached hereto as Exhibit B3.1 and incorporated herein by this reference. For the Work provided for the recreation paths as provided herein, County shall pay to the Contractor monthly installments of $273.59 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $1,094.38 absent a written amendment to this Agreement as described in the Scope of Work and Fees List attached hereto as Exhibit B3.2 and incorporated herein by this reference. For the Work provided for the Miller Ranch Community Center as provided herein, County shall pay to the Contractor monthly installments of $766.06 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $3,064.25 absent a written amendment to this Agreement as described in the Scope of Work and Fees List attached hereto as Exhibit B3.2 and incorporated herein by this reference. For the work provided for the Senior Center as provided herein, County shall pay to the Contractor the amount as described in the Scope Work and Fees List attached hereto as Exhibit B3.3 and incorporated herein by this reference. Fees for Work satisfactorily performed will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor. The invoice shall include a description of and a date for which the Work was performed. Upon request, Contractor shall provide County with such other supporting information as County may request. 4. County and Contractor agree that, except as expressly altered, modified and changed in this Third Amendment, all terms and provisions of the Original Agreement, First Amendment or Second Amendment shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 6. If any conflict exists between the provisions of this Third Amendment and the Original Agreement, First or Second Amendments, the provisions this Third Amendment shall control. 7. In the event of any conflict between any exhibit and the provisions of the Original Agreement or any of the amendments thereto, the terms the Original Agreement and amendments shall control. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through is Board of County Commissioners BY: �1� th Montag, County Manager H & B SNOW REMOVAL SERVICES, INC. By: 1 Michael D. Stevens, Contractor STATE OF ( ©� orack ) ss. COUNTY OF ems-- ) The foregoing instrument was acknowledged before me by/ 1icim 't._ &. S"ry s as ,Pas, OP- 3.-Svc (1e ve -e, this2D - day of 6.1oug -n& e , 2012. My commission expires: 11 /1 /t om `- n� q �,, de r1OTAR otary Public A PUBLIC 0 • a r' �'rVerp + '� 1c''�► m �• � , �ps w �. . ii XI NS / ; ."'",. �. fir._ , , . w �� `° 1 f A p �,, ', / Y o ..r.) / :: ' i " 0 : � ' , ',{)iik . ; i I W -1 i R y L. _ f ., If! fo W I N i '! ' ':"1 k : . 1 , Z no .II 1 1 ( 4.1 ( -1'- - - - - . r f r'r j , , 5 d / p r r , - S se 'W f h r .t • } " ! r'� A 4 4 • A .z.: `.w ,.,---7---•••• t 4 } •«+-- -raw - �,. �, Tarnes�,Crre ts) w ,r. 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L • 41'..,, • q. grill , �t t 'der � / ," , f7 .itit . .• , '3) 1 . ji ' • ao x 4 ` ar —r • Y� n G I Mb 4 r N 4y N T i , v y s 4 r . 1 1 -_ , , 11 # - • 1 ( ' i f li'l F r e la fi W I ro w t u, z U # N `� rn A 0 • O] 0 ,w ,bil: n` 1 .0. w d w 44.141L, AilliiiO4, 1 A • 1 1 M r . b I V t rn X • H & 8 Sv‘ow Removal Services 1�,c Exhibit A — Scope of Work I. Location(s) specified by Owner for snow clearance: Address(es): E, CA.A.ALA J uSTI L�— (a) Check all that apply: Snow Plow Shovel X Other (describe) (b) A flew service shall begin with on service areas. st}�'�lFL Qu1 C-izoz -t fl c.irrCa -`►opt ps 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner's authorized agent and shall become an extra fee mutually agreed upon between Owner and H &B in advance of such extra work. 3. When H &B is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will he charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. H &B can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner 5 970 328 4 129 elnoxe • 970 328 5485 -Pa x 114 B Clnaw Ave • Po Box 2041 • Ea91e, Co II 431 EXHIBIT • 155.1 H & 8 Svkow Re•■ovoti Sevvices l ac Exhibit A — Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es): Miller Ranch Community Center, 0205 Mill Loft Rd. & bike path along Miller Ranch Rd., Edwards (a) Check all that apply: Snow Plow X Shovel X Other (describe) (b) A plow service shall begin with snow. f ^" o t in hes on service areas. A+IUs4 ( � A ' - '`[ I Eu1?I t oil 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner's authorized agent and shall become an extra fee mutually agreed upon between Owner and H &B in advance of such extra work. 3. When H &B is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. H &B can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner 970 328" 4129 pkohe 5. 970328" S48"S fax EXHIBIT 91 ` 5 Cha+Mbers Avehue • Po Box 1041 • EA9Ie, Co 81431 , 2 . H & 8 Scow Removal Services kc Exhibit,Ac— Scope of Work t) ,3 1. Location(s) specified by Owner for snow clearance: µ1t- Address(es): (a) Check all that apply: Snow Plow X Shovel X Other (describe) (b) A plow service shall begin when notified by Eagle County Facilities that services are required. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner's authorized agent and shall become an extra fee mutually agreed upon between Owner and H &B in advance of such extra work. 3. When H &B is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. H &B can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner EXHIBIT 5 970328 4129 pkohe • 970'328 5485 .Pout 114 5 Ckawtbers AvewAe • Po' Box 2041 • Eagle, C o 8 1 43 1