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HomeMy WebLinkAboutC14-298 Schofield Excavation, Inc. Second Amendment SECOND AMENDMENT TO CONSTRUCTION AGREEMENT FOR STONE CREEK FLOOD HAZARD MITIGATION PROJECT BETWEEN EAGLE COUNTY, COLORADO AND SCHOFIELD EXCAVATION, INC. THIS ECOND AMENDMENT ("Second Amendment") is effective as of the 467 day of A,, , 2014 by and between Schofield Excavation, a Colorado corporation licensed to work i Ithe State of Colorado (hereinafter"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS, County and Contractor entered into an Agreement dated the 2"d day of July, 2013, for certain Services (the"Original Agreement"); and WHEREAS,the Original Agreement contemplated that the Contractor would perform certain Work with compensation in an amount not to exceed $162,268.50; and WHEREAS, a First Amendment to the Original Agreement(the "First Amendment")was executed on February 14, 2014, that amended the Original Agreement from $162,268.50 by adding $13,540.00, for a total maximum Contract Price of$175,808.50; and WHEREAS, County and Contractor desire by this Second Amendment to modify the scope of Work and Contract Price as set forth in the Original Agreement and First Amendment. SECOND 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 and First Amendment shall be amended to include the modified scope of Work as described in Exhibit 1-A, which is attached hereto and incorporated herein by reference. 2. The compensation for the Work set forth in Exhibit 1-A shall not exceed $1,500.00 or a total maximum Contract Price under the Original Agreement, the First Amendment, and this Second Amendment of$177,308.50. 3. 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 and First Amendment,the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. cif zq� • 4. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF,the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Keith P. Montag, Count anager CONTRACTOR SCHOFIELD EXCAVATION, a Colorado corporation By: 9. 3 .gyre z, eremy Aeaffer, Vice President 2 EXHIBIT 1-A The following items shall be added to the Bid Tab, as shown in the Original Agreement dated July 2, 2013,Exhibit A, Pages 10-12, and as amended by the First Amendment dated February 14, 2014: Change- New Total Bid Item# Description Increase Cost Reason (Decrease) 4.072 Revegetation, Sod $1 350.00 $1 350.00 Owner Request to provide a better (Additional) revegetation product 5.091 Revegetation, Sod $400.00 $400.00 Field conditions warranted adding (Additional) more sod for soil stabilization 5.11 Irrigation System Owner repaired Irrigation System, Repair(Credit) )($250.00) ($250.00 credit from Contractor 1