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HomeMy WebLinkAboutC19-366 Johnson ExcavationTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND JOHNSON EXCAVATION AND TELECOMMUNICATIONS, INC. THIS THIRD AMENDMENT (“Third 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, by a Second Amendment dated October 22nd, 2018, the term of the Original Agreement was extended to December 13th, 2019; and WHEREAS, the term of the Original Agreement expires on the 13th day of December, 2019 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. THIRD 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, 2020. 2. County shall compensate Contractor for the performance of the Services in accordance with the fee schedule set forth in Exhibit A1, attached hereto and incorporated herein by reference. The compensation for the Services set forth in Exhibit A3 shall not exceed $100,000.00 annually. 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. DocuSign Envelope ID: CF0A6B0B-D2EC-4D56-AA1B-73C934DE1E72 10/29/2019 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Johnson Excavation and Telecommunications\3rd\Johnson Excavation.Third Amendment.DRAFT.docx 5. This Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third 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. a Colorado corporation By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: CF0A6B0B-D2EC-4D56-AA1B-73C934DE1E72 Owner/President Matt Johnson Johnson Excavation and Telecommunications, Inc.PRICE LIST PO Box 3251 Eagle, CO 81631 DATE:October 31, 2019 Cell Phone: 970-471-2900 FOR: On-Call Price List 2019-2020 Eagle County Government Ron Siebert Facilities Project Manager ron.siebert@eaglecounty.us AMOUNT $150/hr $150/hr Extra Labor if needed.$45/hr Additional equipment from United Rentals or Wagner Rents-Cost plus 15%. Tandem or end dump trucks/trailers available as follows: Tandem $85/hr End Dump $120/hr Asphalt Saw Small Boring Machine Any materials and trucking paid for by Johnson Excavation will have a 15% markup added. Mini-Ex or Skid Steer and operator. DESCRIPTION 2019-2020 Time and Equipment Truck/Trailer: Hauling-Move in/out. THANK YOU FOR YOUR BUSINESS! A3 EXHIBIT DocuSign Envelope ID: CF0A6B0B-D2EC-4D56-AA1B-73C934DE1E72