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HomeMy WebLinkAboutC18-203 Mountain Maintenance and Asphalt FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN MAINTENANCE AND ASPHALT THIS FIRST AMENDMENT (“First Amendment”) is effective as of ___________________ by and between Ira Weiss doing business under the trade name Mountain Maintenance and Asphalt (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 12th day of June, 2018, 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 $21,120.96; 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 $7,000.00 or a total maximum compensation under the Original Agreement and this First Amendment of $28,120.96. 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. DocuSign Envelope ID: A4A0043A-D015-4EAB-A1F9-23A343C359BD 7/5/2018 2 Eagle County Am Scope and Comp Final 5/14 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 COUNTY MANAGER By: ______________________________ Mike Nugent, Deputy County Manager CONSULTANT: MOUNTAIN MAINTENANCE AND ASPHALT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: A4A0043A-D015-4EAB-A1F9-23A343C359BD Ira Weiss Owner MOUNTAIN MAINTENANCE P.O. BOX 1946 EDWARDS, CO 81632 (970) 926-5544/926-3338 (fax) PROPOSAL May 29th, 2018 CLIENT WORK TO BE PERFORMED AT: ECO Trails Various areas on bike paths in Eagle County AGREEMENT To provide basic driveway/parking lot service as follows: Mastik Cracksealing/leveling by the pound to fill approx. 24 large cracks in bike path in Miller Ranch area (2,000 lbs approx. requested) at $3.50 per pound 7,000.00 Total for services: $7,000.00 General descriptions of all services we offer are as follows: To clean and fill major asphalt cracks using Craftco brand “Mastik One” material and equipment. Contractor agrees to provide service in a professional and workmanlike manner. All material is guaranteed to be as specified, and the work to be performed in accordance with the drawings and/or specifications submitted by client or as provided by contractor at client’s request. Work is to be done to satisfaction of client and in accordance with the terms and conditions of the Original Agreement. DocuSign Envelope ID: A4A0043A-D015-4EAB-A1F9-23A343C359BD