HomeMy WebLinkAboutC20-255 Frontier PavingSECOND AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
FRONTIER PAVING, INC.
THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ______________, by
and between Frontier Paving, 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 17th day of April, 2020,
for certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that the Consultant would perform certain
Services with compensation in an amount not to exceed $1,290,874.70; and
WHEREAS, County and Consultant executed a First Amendment to the Original Agreement
dated the 26th day of May, 2020, for certain additional Services (the “First Amendment”); and
WHEREAS, the First Amendment contemplated that the Consultant would perform certain
additional Services with compensation in an amount not to exceed $184,491.90 or a total
maximum compensation of $1,475,366.60; and
WHEREAS, the County desires to have Consultant perform additional Services for additional
compensation as set forth below.
SECOND 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
$21,646.30 or a total maximum compensation under the Original Agreement, First
Amendment and this Second Amendment of $1,497,012.90.
3. The term of the Original Agreement shall not be extended as a result of this Second
Amendment.
4.Capitalized terms in this Second Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Second
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this Second Amendment shall govern and
control the rights and obligations of the parties.
DocuSign Envelope ID: DD659A7A-A926-41A1-A3E6-B47B04D24AD0
7/14/2020
C20-255
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Eagle County Amend Term Scope Comp Final 5/14
5. Except as expressly altered, modified and changed in this Second 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 Second Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Second 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
County Commissioners Chair
ATTEST:
____________________________
Regina O’Brien, Clerk to the Board
CONSULTANT
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: DD659A7A-A926-41A1-A3E6-B47B04D24AD0
Charles Ellsworth
President
DocuSign Envelope ID: DD659A7A-A926-41A1-A3E6-B47B04D24AD0
DocuSign Envelope ID: DD659A7A-A926-41A1-A3E6-B47B04D24AD0
DocuSign Envelope ID: DD659A7A-A926-41A1-A3E6-B47B04D24AD0