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HomeMy WebLinkAboutC20-439 360 Civil FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND 360 CIVIL, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of the __________________ by and between 360 Civil, Inc. a Colorado Corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 29th day of May, 2020, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed Two Hundred Forty-Five, Seven Hundred Six Dollars and Twenty-Five Cents ($245,746.25); and WHEREAS, County and Consultant desire by this First Amendment to expand the scope of Services and compensation required by the authorized Change Orders 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 incorporates the Change Orders as contemplated in paragraph 7.10 and attached hereto as Exhibit 1. 2. Paragraph 4.1 shall be amended to contemplate the additional Services set forth in the Change Orders so that the not exceed total maximum compensation under the Original Agreement and this First Amendment is now revised to $280,000.00. 3. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 93B72739-AA70-4EEB-B130-B3056E9D6303 12/10/2020 C20-439 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board Contractor: By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 93B72739-AA70-4EEB-B130-B3056E9D6303 Vice President Jeremy Sheaffer CHANGE ORDER Description of Work:Qty Unit Price Amount 87 cy 15.00$ $1,305.00 358 cy 15.00$ $5,370.00 1 ea 20.00$ $20.00 1 ea 300.00$ $300.00 4 lf 100.00$ $400.00 1.31 acres 7,500.00$ $9,825.00 -94 cy 4.00$ ($376.00) 1,375 cy 5.00$ $6,875.00 Project: Eagle County Landfill Leachate Holding Pond Date of Issuance: 11/30/2020 Owner: Eagle County Change Order No: 1 Contractor: 360 Civil, Inc. Engineer: SMA You are directed to make the following changes in the Contract Documents: CHANGE IN CONTRACT PRICE: Original Contract Price: $ 245,746.25 Previous Change Orders No.0 to No. 0: $0.00 -$ Contract Price Prior to this Change Order: $0.00 $ 245,746.25 Net Increase of this Change Order: $0.00 $ 23,719.00 Net Decrease of this Change Order: $0.00 $- Net Change of this Change Order: $0.00 $ 23,719.00 Contract Price with all approved Change Orders: $0.00 $ 269,465.25 Accepted By: _______________________________________________________ _______________________________________________________ Signature/Date Patrick Bourke, President BY: _______________________________________________________ 360 Civil, Inc.Eagle County Contractor Owner/Owners Rep. Fertilize, seed, mulch Cut Fill Approved By: Shale Excavation (Slope Fill for Overdig Area) Shale Excavation & Sub Excavate 6" for Liner Cushion Camlock fitting Blind flange with stainless steel hardware 2" dia. Perforated SDR-21 HDPE pipe Net Change of this Change Order: (0 days) Contract Time with all approved Change Orders: (10/31/20) CHANGE IN CONTRACT TIME: Original Contract Time: 10/31/20 Net Change from Previous Change Order: (0 days) Contract Time Prior to this Change Order: (0 days) Net Increase of the Change Order: (0 days) Net Decrease of this Change Order: (0 days) Patrick S. Bourke Digitally signed by Patrick S. Bourke DN: C=US, E=patrick@360civil.com, O="360 Civil, Inc.", OU=President, CN=Patrick S. Bourke Date: 2020.11.30 19:10:57-07'00' 11/30/20 EXHIBIT 1DocuSign Envelope ID: 93B72739-AA70-4EEB-B130-B3056E9D6303 CHANGE ORDER Description of Work:Qty Unit Price Amount 4' Man Gate 1 ea 825.00$ $825.00 Project: Eagle County Landfill Leachate Holding Pond Date of Issuance: 11/30/2020 Owner: Eagle County Change Order No: 2 Contractor: 360 Civil, Inc. Engineer: SMA You are directed to make the following changes in the Contract Documents: CHANGE IN CONTRACT PRICE: Original Contract Price: $ 245,746.25 Previous Change Orders No.0 to No. 0: $0.00 -$ Contract Price Prior to this Change Order: $0.00 $ 269,465.25 Net Increase of this Change Order: $0.00 $ 825.00 Net Decrease of this Change Order: $0.00 $ - Net Change of this Change Order: $0.00 $ 825.00 Contract Price with all approved Change Orders: $0.00 $ 270,290.25 Accepted By: _______________________________________________________ _______________________________________________________ Signature/Date Patrick Bourke, President BY: _______________________________________________________ 360 Civil, Inc. Eagle County Contractor Owner/Owners Rep. Net Increase of the Change Order: (0 days) Net Decrease of this Change Order: (0 days) Net Change of this Change Order: (0 days) Contract Time with all approved Change Orders: (10/31/20) Approved By: CHANGE IN CONTRACT TIME: Original Contract Time: 10/31/20 Net Change from Previous Change Order: (0 days) Contract Time Prior to this Change Order: (0 days) Patrick S. Bourke Digitally signed by Patrick S. Bourke DN: C=US, E=patrick@360civil.com, O="360 Civil, Inc.", OU=President, CN=Patrick S. Bourke Date: 2020.11.30 19:14:12-07'00' 11/30/20 EXHIBIT 1DocuSign Envelope ID: 93B72739-AA70-4EEB-B130-B3056E9D6303 CHANGE ORDER Description of Work:Qty Unit Price Amount Fabricate Bracket to hold pipe at Bollards 1 ea 450.00$ $450.00 Project: Eagle County Landfill Leachate Holding Pond Date of Issuance: 11/30/2020 Owner: Eagle County Change Order No: 3 Contractor: 360 Civil, Inc. Engineer: SMA You are directed to make the following changes in the Contract Documents: CHANGE IN CONTRACT PRICE: Original Contract Price: $ 245,746.25 Previous Change Orders No.0 to No. 0: $0.00 -$ Contract Price Prior to this Change Order: $0.00 $ 270,290.25 Net Increase of this Change Order: $0.00 $ 450.00 Net Decrease of this Change Order: $0.00 $ - Net Change of this Change Order: $0.00 $ 450.00 Contract Price with all approved Change Orders: $0.00 $ 270,740.25 Accepted By: _______________________________________________________ _______________________________________________________ Signature/Date Patrick Bourke, President BY: _______________________________________________________ 360 Civil, Inc. Eagle County Contractor Owner/Owners Rep. Net Decrease of this Change Order: (0 days) Net Change of this Change Order: (0 days) Contract Time with all approved Change Orders: (10/31/20) Approved By: CHANGE IN CONTRACT TIME: Original Contract Time: 10/31/20 Net Change from Previous Change Order: (0 days) Contract Time Prior to this Change Order: (0 days) Net Increase of the Change Order: (0 days) Patrick S. Bourke Digitally signed by Patrick S. Bourke DN: C=US, E=patrick@360civil.com, O="360 Civil, Inc.", OU=President, CN=Patrick S. Bourke Date: 2020.11.30 19:14:28-07'00' 11/30/20 EXHIBIT 1DocuSign Envelope ID: 93B72739-AA70-4EEB-B130-B3056E9D6303 CHANGE ORDER Description of Work:Qty Unit Price Amount 1 ea 5,175.00$ $5,175.00 Project: Eagle County Landfill Leachate Holding Pond Date of Issuance: 11/30/2020 Owner: Eagle County Change Order No: 4 Contractor: 360 Civil, Inc. Engineer: SMA You are directed to make the following changes in the Contract Documents: CHANGE IN CONTRACT PRICE: Original Contract Price: $ 245,746.25 Previous Change Orders No.0 to No. 0: $0.00 -$ Contract Price Prior to this Change Order: $0.00 $ 270,740.25 Net Increase of this Change Order: $0.00 $ 5,175.00 Net Decrease of this Change Order: $0.00 $ - Net Change of this Change Order: $0.00 $ 5,175.00 Contract Price with all approved Change Orders: $0.00 $ 275,915.25 Accepted By: _______________________________________________________ _______________________________________________________ Signature/Date Patrick Bourke, President BY: _______________________________________________________ 360 Civil, Inc. Eagle County Contractor Owner/Owners Rep. Net Decrease of this Change Order: (0 days) Net Change of this Change Order: (0 days) Contract Time with all approved Change Orders: (10/31/20) Approved By: Add 6' Chain Link Fence to replace old 8' reconstruct Gates to match. CHANGE IN CONTRACT TIME: Original Contract Time: 10/31/20 Net Change from Previous Change Order: (0 days) Contract Time Prior to this Change Order: (0 days) Net Increase of the Change Order: (0 days) Patrick S. Bourke Digitally signed by Patrick S. Bourke DN: C=US, E=patrick@360civil.com, O="360 Civil, Inc.", OU=President, CN=Patrick S. Bourke Date: 2020.11.30 19:14:53-07'00' 11/30/20 EXHIBIT 1DocuSign Envelope ID: 93B72739-AA70-4EEB-B130-B3056E9D6303