HomeMy WebLinkAboutC14-036 Daly Property Services, Inc. Second Amendment SECOND AMENDMENT TO AGREEMENT
BETWEEN
EAGLE COUNTY, COLORDO
AND
DALY PROPERTY SERVICES, INC.
THIS SECOND AMENDMENT ("Second Amendment") is made and entered into this
day of January, 2014,between Eagle County, Colorado by and through its County Manager
(hereinafter referred to as "County") and Daly Property Services, Inc., a Colorado Corporation
organized and existing by virtue of the laws of the State of Colorado and with a principal place
of business at 345 Lewis Lane, Basalt, Colorado 81621 (hereinafter referred to as "Contractor").
WHEREAS, County and Contractor entered into an Agreement dated October 12, 2012,
for certain on-call services related to Frozen Precipitation Removal Services for the County
facility located at 0020 Eagle Co. Rd. El Jebel, Colorado, 81628 ("Original Agreement"); and
WHEREAS, by a First Amendment dated October 21, 2013, the term of the Original
Agreement was extended to April 15, 2014.
WHEREAS, County and Contractor wish to amend the scope and compensation of the
Original Agreement.
NOW, THEREFORE, for good and valuable consideration the County and Contractor
agree to amend the Original Agreement as follows:
1. 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 or First Amendment, the
terms and provisions contained in this Second Amendment shall govern and control the rights
and obligations of the parties.
2. Article 1, Paragraph 1.1 of the Original Agreement shall be amended to read as
follows:
"Contractor agrees to provide all services, labor, personnel and materials to perform and
complete the services described as: During the period of October 31 through April 15,
Contractor shall perform snow and ice removal services, including snow plowing,
shoveling, ice chipping, and the application of ice melt products, at the Eagle County
Building in El Jebel, Colorado as shown in the site map attached to the Original
Agreement as Exhibit A and incorporated herein by this reference (the"Work" or the
"Services"). For the Work under this Agreement, frozen precipitation must be removed
from parking lot and sidewalk surfaces, including those leading to each of the exterior
access and egress doors to the building. The Work should be initially completed by 7:30
a.m. when a trace of snow or any ice is present, and must be repeated as needed
throughout the day to provide safe access to the locations to maximize operations and to
minimize risk of injury to pedestrians. The Work also includes the application of ice melt
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and sand if icy or dangerous conditions exist on main accesses of parking area and on
sidewalks leading up to the building's exterior doors. Snow shall be stored in designated
areas in parking lots, as directed by Eagle County Facilities Management, and as
described in Exhibit A. Contractor will use its expertise and skill to perform the
Services."
3. Article 4, paragraph 4.1 of the Original Agreement shall be amended as follows:
"Commencing January, 2014 for the Services to be provided hereunder, County will pay
Contractor in monthly installments of$1,776.00 each for Services satisfactorily
performed. The maximum amount of compensation under this Agreement for the period
from January, 2014 through April, 2014 shall not exceed five thousand three hundred
twenty eight dollars ($5,328.00) without a signed amendment to the Agreement."
4. All terms and provisions of the Original Agreement and First Amendment shall
remain in full force and effect.
5. This Second Amendment shall be binding on the parties hereto, their heirs,
executors, successors, and assigns.
6. This Second Amendment shall be effective as of January 2, 2014.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By its County Manager
By: .r�� .!/_ �.. _
Keith Montag, County Man.
CONTRACTOR:
DALY PROPERTY SERVICES, INC.
By:
Title:
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