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HomeMy WebLinkAboutC14-442 Elam Construction, Inc. First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ELAM CONSTRUCTION, INC. T. ,WS FIRST day ENDMENT ("First Amendment") is effective as of the l da of iltf2 , 2014 by and between Elam Construction, Inc., a Colorado corporation (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 30th day of September, 2014, 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 $306,169.00; and WHEREAS, County and Consultant 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, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $2,000.00 or a total maximum compensation under the Original Agreement and this First Amendment of$308,169.00. 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. 0-1-14c17-' 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 • TY COMMISSIONERS 57, '' z Ji/ . H. Ryan, Chairman Attest: zdlip :te• By: 1 otori 0t'- Teak J. Simonton, lerk to the Board CONTRACTOR BY: EL.4I (7.0/67-01.&-C-7-2-0 N Print Name: Ct v., 5 Z-ccQo. Title: FiK t--Y± /Ai 2 Elam Construction Amendment d 1 Gypsum Dotsero Trail Exhibit 1 CONTRACT AMENDMENT#1 Project: Gypsum to Dotsero Trail Base and Paving Project Date of Issuance: November 3, 2014 Contractor: Elam Construction, Inc. 556 Struthers Avenue Grand Junction, CO 81501 Owner: Eagle County Government ECO Trails Department PO Box 1070 Gypsum, CO 81637 Purpose of Contract Amendment: Install additional quantity of up to 300 cubic yards of topsoil alongside trail over original amount of 54 cubic yards. Amendment Details: Topsoil provided by owner. Additional funds to pay for labor and equipment to spread the topsoil. Labor 45.00 per hour Equipment Toolcat 45.00 per hour 23 hours to spread additional cubic yards $2,000.00 Amended Contract Price: Contract Price Prior to this Change Order $306,169.00 Net Increase of this Change Order $2,000.00 CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS $308,169.00 3 Elam Construction Amendment#1 Gypsum Dotsero Trail