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HomeMy WebLinkAboutC18-325 JC Construction and Excavating FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JC CONSTRUCTION AND EXCAVATING, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of _________________, by and between JC Construction And Excavating, 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 14th day of September, 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 $9,900; 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 the following additional Services: There is more trash and debris located at the Property than contemplated under the Original Agreement. To fully remove and haul all trash and debris to the Eagle County Landfill additional compensation is necessary to compensate Consultant for these additional Services. 2. The compensation for the additional Services set forth in paragraph 1 hereof shall not exceed $4,300 or a total maximum compensation under the Original Agreement and this First Amendment of $14,200. 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. DocuSign Envelope ID: 56C4579F-1086-4055-9639-80155E5B7D23 11/2/2018 2 Eagle County Am Scope and Comp Final 5/14 5. 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. EAGLE COUNTY, COLORADO By and through its County Manager By: ___________________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: Hector Fernandez Title: President DocuSign Envelope ID: 56C4579F-1086-4055-9639-80155E5B7D23