No preview available
HomeMy WebLinkAboutC20-391 Miller Engineers dba Souder Miller & AssociatesEIGHTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MILLER ENGINEERS, INC. DBA SOUDER, MILLER & ASSOCIATES THIS EIGHTH AMENDMENT (“Eighth Amendment”) is effective as of _____________ by and between Miller Engineers, Inc d/b/a Souder, Miller & Associates a New Mexico 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 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 WHEREAS, 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, by a Seventh Amendment dated the 10th day of December, 2019 the parties extended the term of the Original Agreement; and WHEREAS, the Original Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, and Seventh 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, 2020 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: F4C9C49E-ED24-40B4-8FCA-78DC38B40241 10/27/2020 C20-391 2 Eagle County Amendment Ext Term Final 5/14 EIGHTH 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, 2021. 2. Capitalized terms in this Eighth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Eighth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Eighth Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Eighth 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 Eighth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Eighth 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: ___________________________________ DocuSign Envelope ID: F4C9C49E-ED24-40B4-8FCA-78DC38B40241 Senior Vice President Reid Allan