HomeMy WebLinkAboutC19-407 Miller Engineers dba Souder Miller and AssociatesSEVENTH AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
MILLER ENGINEERS, INC.
DBA SOUDER, MILLER & ASSOCIATES
THIS SEVENTH AMENDMENT (“Seventh 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, by a Fifth Amendment dated the 23rd day of October, 2018 the parties modified the
scope of services, compensation, and term as set forth in the Original Agreement; and
WHEREAS, by a Sixth Amendment dated the 4th day of September, 2019 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, Fourth Amendment, Fifth Amendment, and Sixth Amendment contemplated that
the Consultant would perform certain duties with compensation in an amount not to exceed
$348,478.63; and
WHEREAS, the term of the Original Agreement expires on the 31st 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.
DocuSign Envelope ID: A5A882FC-7A46-4C55-AE57-624C79974EB6
12/10/2019
2
Eagle County Amendment Ext Term Final 5/14
SEVENTH 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 31st day of
December, 2020.
2. Capitalized terms in this Seventh Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Seventh
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this Seventh Amendment shall govern and
control the rights and obligations of the parties.
3. Except as expressly altered, modified and changed in this Seventh 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 Seventh Amendment shall be binding on the parties hereto, their heirs,
executors, successors, and assigns.
[Rest of Page Intentionally Left Blank]
DocuSign Envelope ID: A5A882FC-7A46-4C55-AE57-624C79974EB6
3
Eagle County Amendment Ext Term Final 5/14
IN WITNESS WHEREOF, the parties hereto have executed this Seventh 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: ______________________________
Jeanne McQueeney, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
CONSULTANT
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: A5A882FC-7A46-4C55-AE57-624C79974EB6
Reid Allan
Senior Vice President
