HomeMy WebLinkAboutC23-211 AEC West Consultants_first amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND AEC WEST CONSULTANTS, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of ________________ by and between AEC West Consultants, 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 26th day of July, 2022, 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 $99,000; and WHEREAS, County and Consultant desire by this First Amendment to expand the scope of compensation 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. Section 5 of the Original Agreement shall be amended and replaced to include additional compensation for the Services. Section 5 shall now state: County shall compensate Contractor for the performance of the code compliant plan review and inspection Services on a fixed fee basis in an amount equal to a percentage of the County’s total permit fees, as set forth in the tables below, paid on a monthly basis on account of the prior month. The County shall compensate the Contractor for code consultation Services at the rates set forth on Exhibit A. Compensation for performance of the Services under this Agreement shall not exceed $250,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 2. 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. DocuSign Envelope ID: 10B7DF4B-0078-464F-9606-5BA38AB50DCE 6/27/2023 2 Eagle County Am. Scope and Comp Final 3. 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. 4. This First 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 AEC West Consultants, Inc. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 10B7DF4B-0078-464F-9606-5BA38AB50DCE James Horne President