HomeMy WebLinkAboutC13-337 Old Castle SW Group First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND OLD CASTLE SW GROUP, INC. FOR THE HIGHLAND MEADOWS/WEST VAIL OVERLAY PROJECT T IS FIRST AMENDMENT ("First Amendment") is effective as of the/Z- day of I„�'( , 2013 by and between Old Castle SW Group, INC. d/b/a B&B Excavating (hereinafter"Consultant" or"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, County and Consultant entered into an Agreement dated the 18th day of June, 2013, 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 $311,056.75; and WHEREAS, County and Contractor desire by this First Amendment to expand the scope of Services and compensation 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 include additional services as described in Exhibit 1 (the"Additional Services"), which is attached hereto and incorporated herein by reference. 2. The compensation for the Additional Services set forth in Exhibit 1 shall not exceed $40,089.79 or a total maximum compensation under the Original Agreement and this First Amendment of$351,146.54. 3. 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. 4. 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. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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 BOARD OF COUNTY COMMISSIONERS By: AtDALt- Sara J. Fisher, hairman ATTEST: s +lvip (A ur By. Clerk to the Board of erounty Commission- R40 ° ,,r)v7 CONTRACTOR: Ol dcastl a SW Group, Inc., dba United Companies of Mesa County By: � • Kyle Alpha Title: General Manager Exhibit 1 FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND OLD CASTLE SW GROUP, INC. Additional Services Scope of work: Old Castle SW Group performed additional paving and application of structural fabric for the "2013 Overlay Project" at the request of the Director of Eagle County Road and Bridge. Additional work was performed on the West Vail portion of the 2013 Overlay Project. Additional costs were: $40,089.79 which consisted of: • additional paving • paving fabric • emulsified and non-emulsified asphalt binder • additional traffic control • water valve cover adjustment An invoice reflecting the above amount was submitted to Eagle County Road and Bridge on September 30th, 2013, representing a change order to the Project.