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HomeMy WebLinkAboutC23-033 Miller Engineers dba Souder, Miller and Associates_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MILLER ENGINEERS, INC. DBA SOUDER, MILLER & ASSOCIATES THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________ by and between Miller Engineers, Inc. a New Mexico corporation d/b/a Souder, Miller & Associates (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 1st day of January, 2022 (C21-373), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated the 22nd day of February, 2022 (C22-085), the parties modified the term as set forth in the Original Agreement; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2022 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. 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 extend the term to the 31st day of December, 2023. 2. The total maximum compensation under the Original Agreement, the First Amendment and this Second Amendment shall not exceed $400,000.00. 3.Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement and First Amendment. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement or First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. 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. DocuSign Envelope ID: 7B225A6F-0A64-4FF2-84D5-66DD1D40D0CD 1/31/2023 2 Eagle County Amendment Ext Term Final 4/28/2022 5. 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 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 Miller Engineers, Inc d/b/a Souder, Miller & Associates By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 7B225A6F-0A64-4FF2-84D5-66DD1D40D0CD President Reid Allan