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 2 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