HomeMy WebLinkAboutC17-363 Miller Engineers Inc dba Souder, Miller & AssociatesTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MILLER ENGINEERS, INC. DBA SOURER, MILLER & ASSOCIATES THIS THIRD AMENDMENT ("Third Amendment") is effective as of 11/01/2017 by and between Miller Engineers, Inc. a New Mexico corporation dWa 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 e day of December, 2016, for certain Services (the "Original Agreement"); and WHEREAS, by a First Amendment dated the 14`'' day of March, 2017, the parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Second Amendment dated the 25`'' day of April, 2017, the parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, the term of the Original Agreement expires on the 3151 day of December, 2017 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. itI:IIk9 MALVA I:3r1 1LI Q40N 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 extend the term to the 3151 day of December, 2018. 2. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit B to the Original Agreement. The performance of the Services under this Agreement shall not exceed $85,000.00 annually without a written amendment to this Agreement. 3. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Third 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 Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. C17-363 IN WITNESS WHEREOF, the parties hereto have executed this Third 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 a s0TeB6 m ]illian H. Ryan, Chair CONSULTANT: MILLER ENGINEERS, INC. DBA SOLIDER, MILLER & ASSOCIATES By: --- Print Name: Reid Allan Title: Senior Vice President 2 Eagle County Amendment Ext Term Final 5/14