HomeMy WebLinkAboutC16-145 Ewing Trucking and ConstructionSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EWING TRUCKING AND CONSTRUCTION. LLC TTIIS SECOND AMENDMENT ("Second Amendment") is effective as of the 25ft day of April, 20t6,by and between Ewing Trucking and Conskuction, LLC a Colorado limited liability company (hereinafter "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Contactor entered into an agreement dated the 18th day ofNovember, 2015, for certain Services associated with the installation of 40' x 2l' concrste pad outside the ECO transit bus-wash located at the Eagle County Maintenance Service Center Building at3289 Cooley Mesa Road, Gypsum, Colorado (the "Original Agreement"); and WHEREAS, the Cormty and Contractor entered into an amendment to the Original Agreement dated April 72,2016 to reduce the compensation by removing winterization costs and to extend the time for performance of the Services (hereinafter the "First Amendment"); and WHEREAS, during the performance of the Services, the parties determined that the scope of the Services needed to be expanded to allow for exta fill and material to complete the project; and WHEREAS, County and Contractor desire by this Second Amendment to modifu the scope of Services and compensation 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 by the deletion in its entirety of E$ribit B-1 which exhibit shall be replaced with Exhibit B-2, which is attached hereto and incorporated herein by reference. 2. Exhibit B-2 identifies all of the Services to be performed by Contractor. 3. The compensation for the Services shall be in a sum computed and payable as set forth in Exhibit B-2 which shall not exceed$34,543.65 or a total maximum compensation of the $19,864.15 as set forth in the First Amendment and $14, 679.50 for the additional Services contemplated herein. 4. 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, modiff or supplement portions of the Original Agreement Eagle County Commissionerg' OfficeC16-145 and First Amendment, the tenns and provisions contained in this Second Amendment shall govem and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and the First Amendment shall remain in full force and effect, and are hereby ratified and confirmed in all respects as ofthe date hereof. 6. 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. EAGLE COLINTY. COLORADO By and CONTRACTOR: EWING TRUCKING AND CONSTRUCTION. LLC 2 Eagle County Am Scope and Comp Final 5/14 Exhibit B-2 EAGLE COUNTY BUS WASH SLAB DESCRIPTION MOBILIZATION SAWCUT EXISTI NG ASPHALT REMOVE EXISTI NG ASPHALT REMOVE EXISTING BASE COURSE FINE GRADE/SUBGRADE PREP ABC CLASS 6 6'' CONCRETE PAD # 4 REBAR EXPANSION JOINT OVER EX CHANGES 1'ADDITIONAL OVER EX 1'ADDITIONAL ROAD BASE SUBGRADE PREP STABILIZATION FABRIC TOTAL NOTES: 1. Testing by owner 2. Permits by owner 3.No over ex included 4. No winter protection included Trent Eichler Ewing Trucking & Construction, LLC QUANTITY UNITS 1 113 118 118 1062 21 118 1690 21 1'18 42 840 1 L.S. L.F. S.Y. S.Y. S.F. c.Y. S.Y. L.F. L,F. S.Y. c.Y S.F. L.S. UNIT PRICE 650.00 3.50 23.00 12.50 1.25 70.00 136.00 1.75 3.15 25.00 70.00 1.25 500.00 TOTAL $650.00 $395.50 $2,714.00 $'1,475.00 $1,327.50 $1,470.00 $16,048.00 $2,957.50 $66.1 5 $2,950.00 $2,940.00 $1,050.00 $500.00 $34,543.65 4 at'"b/6 Date P.O. Box 2303 * Edwards, CO 81632 * (970) 926-2770 * (970) 926-4736 fax * bart@ewingtrucking.com