HomeMy WebLinkAboutC20-228 Umbrella RoofingFIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
UMBRELLA ROOFING, INC.
THIS FIRST AMENDMENT (“First Amendment”) is effective as of _________________, by
and between Umbrella Roofing Inc. a Colorado corporation (hereinafter “Contractor”) and Eagle
County, Colorado, a body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, County and Contractor entered into an agreement dated the 23 day of December,
2019, for certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that the Contractor would perform certain
duties with compensation in an amount not to exceed $50,000; and
WHEREAS, County and Contractor 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 additional Services as described
in Exhibit 1, which is attached hereto and incorporated herein by reference.
2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed
$100,842.00 or a total maximum compensation under the Original Agreement and
this First Amendment of $150,842.00.
3. Additionally, partial payment in the amount of $50,024.00 will be made to the
Contractor within thirty (30) days of execution of this Agreement which shall be used
for the pre-purchase of materials to be stockpiled and stored and incorporated into the
Services. The material may be stored or stockpiled in a manner and location approved
by the County. The Contractor shall furnish the County with evidence of the quantity
and quality of such stored or stockpiled materials within seven (7) days of receipt of
said materials by Contractor. The Contractor shall furnish the County with evidence
that the material and transportation costs have been paid in full with seven (7) days of
receipt of said materials by Contractors. Upon provision of satisfactory evidence of
quantity, quality, and payment as set forth above, legal title of said material (free of
liens or encumbrances of any kind) shall transfer to the County. Notwithstanding the
foregoing, Contractor shall insure the stored or stockpiled material against loss by
damage to or disappearance at all times prior to 1) use in the Services or 2)
termination of this Agreement. It is understood and agreed that the transfer of title
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and the Owner’s payment for such stored or stockpiled materials shall in no way
relieve the Contractor of its responsibility for furnishing and placing such materials in
accordance with the requirements of the contract, plans, and specifications.
4. Materials shall be stored to assure the preservation of their quality and fitness for the
Services. Stored materials, even though approved before storage, may again be
inspected prior to their use in the Services. Stored materials shall be located to
facilitate their prompt inspection. Materials to be stored on airport property shall not
create an obstruction to air navigation nor shall they interfere with the free and
unobstructed movement of aircraft. The Contractor shall make all arrangements and
bear all expenses for the storage of materials.
5. 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.
6. 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.
7. This First Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this First 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: ___________________________________
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President
Trevor Cannon
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