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HomeMy WebLinkAboutC18-309 Miller Engineers dba Souder, Miller & AssociatesFIFTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MILLER ENGINEERS, INC. DBA SOUDER, MILLER & ASSOCIATES THIS FIFTH AMENDMENT (“Fifth Amendment”) is effective as of _____________ by and between Miller Engineers, Inc. a New Mexico corporation dba 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 6th day of December, 2016, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated the 14th 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 25th day of April, 2017, the parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHERAS, by a Third Amendment dated the 1st day of November, 2017, the parties extended the term of the Original Agreement to December 31, 2018; and WHEREAS, by a Fourth Amendment dated the 12th day of June, 2018, the parties modified the scope of services and compensation as set forth in the Original Agreement; and WHEREAS, the Original Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed $246,884.20; and WHEREAS, the County and Consultant desire by this Fifth Amendment to expand the scope of Services and compensation as set forth in the Original Agreement. WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2018, and the parties desire to extend the term for an additional year. FIFTH 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 4, which is attached hereto and incorporated herein by reference. DocuSign Envelope ID: A6C87429-F399-48AB-AC0C-9BABC6A7052A 10/23/2018 2 Eagle County Amend Term Scope Comp Final 5/14 2. The compensation for the additional Services set forth in Exhibit 4 shall not exceed $35,000.00 or a total maximum compensation under the Original Agreement and this Fifth Amendment of $281,884.20. 3. The term of the Original Agreement is hereby extended to the 31st day of December, 2019. 4. Capitalized terms in this Fifth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fifth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fifth Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this Fifth 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 Fifth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: A6C87429-F399-48AB-AC0C-9BABC6A7052A Reid Allan Senior Vice President 3 Eagle County Amend Term Scope Comp Final 5/14 EXHIBIT 4 DocuSign Envelope ID: A6C87429-F399-48AB-AC0C-9BABC6A7052A DocuSign Envelope ID: A6C87429-F399-48AB-AC0C-9BABC6A7052A