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HomeMy WebLinkAboutC17-084 Miller Engineering Consultants dba Souder, Miller and AssociatesFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MILLER ENGINEERS, INC. DBA SOURER, MILLER & ASSOCIATES THIS FIRST AMENDMENT ("First Amendment") is effective as of 03/14/2017 by and between Miller Engineers, Inc. a New Mexico corporation d/b/a Souder, Miller & Associates (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 6`h day of December, 2016, for certain Services (the "Original Agreement"); and WHEREAS, the parties recognize that the Original Agreement incorrectly identified the contracting party as Miller Engineering Consultants, Inc. d/b/a Souder, Miller & Associates rather than Miller Engineers, Inc. d/b/a Souder, Miller & Associates and the parties desire to correct this error; and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $85,000.00; 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 correct the entity name as follows: all references to Miller Engineering Consultants, Inc. d/b/a Souder, Miller & Associates are hereby changed to Miller Engineers, Inc. d/b/a Souder, Miller & Associates. 2. The Original Agreement shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 3. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $15,000.00 or a total maximum compensation under the Original Agreement and this First Amendment of $100,000.00. 4. 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, C17-084 the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. 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. 6. 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. Attest: By: Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: .. . . JilHan H. Ryan, Chair CONSULTANT: MILLER ENGINEERS, INC. DBA SOURER, MILLER & ASSOCIATES LE 1:7 ...................... Print Name: Reid Allan Title: Senior Vice President 2 Eagle County Am Scope and Comp Final 5/14 EXHIBIT 1 Eagle County Am Scope and Comp Final 5/14 F b'rGo_SIC Amanda Nolan <amanda.nolan@eaglecounty.us> EAGIF COQ Rate Study Winn Cowman <winn.cowman@soudermiller.com> Thu, Dec 22, 2016 at 11:09 AM To: Amanda Nolan <amanda.nolan@eaglecounty.us> Cc: Jesse Masten <jesse.masten@eaglecounty.us> Mandi, The rate study will cost approximately $10,000. Below is a brief description of the scope of work: SMA will gather pertinent information to evaluate the current rate structure for the Eagle County Solid Waste Facility. Three previous years will be studied and projections will be provided for the next 5 years, All aspects of operations will be evaluated to determine operating costs and capital outlay needs for the next 20 years. Recommendations will be made for future adjustments to rates. The findings will be presented in a detailed report, which will be presented to County Staff, County Commissioners, and the public. The cost for moving GMP -3 will be approximately $5,000. The following is a description of what that entails: Preparations will be made for installing the new probe, including utility locating. A drilling contractor will mobilize to the site to drill, install the pipes and casing, and backfill. SMA will provide oversight, documentation of the process, including a figure of the probe following installation. Best, SMA Winn Cowman Project Manager/Scieni*ist !I Corporate Reg Istradon s: A2 Engineering/GeaIagy15urveying Firm (14070), So Surveying Firm IC -74361, TX Engineering Firm (8877), TX GeaIagy Firm (50254), TX PST CAPM (CS-OOQ0051j, TX Surveying Firm (10162204), WY Surveying Firm (5-1704)