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HomeMy WebLinkAboutC18-302 Johnson Excavation and TelecommunicationsSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JOHNSON EXCAVATION AND TELECOMMUNICATIONS, INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ________________, by and between Johnson Excavation and Telecommunications, 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 13th day of December, 2016, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated December 6th, 2017 the hourly rates were modified and term of the Original Agreement was extended to December 13th, 2018 and; WHEREAS, the term of the Original Agreement expires on the 13th day of December, 2018 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 and the 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 shall be amended to extend the term to the 13th day of December, 2019. 2. 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, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Second 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. 4. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 071E8111-836A-44E0-BA0F-FC94261039B9 10/22/2018 2 G:\Andy\Contract Final Drafts\Johnson Excavation and Telecommunications\2nd\Johnson Excavation.Second Amedment.DRAFT.docx IN WITNESS WHEREOF, the parties hereto have executed this Second 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: ______________________________ Jeff Shroll, County Manager CONSULTANT JOHNSON EXCAVATION AND TELECOMMUNICATIONS, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 071E8111-836A-44E0-BA0F-FC94261039B9 Owner/President Matt Johnson