HomeMy WebLinkAboutC23-253 Mountain Mason dba Breitzman Custom Masonry_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
MOUNTAIN MASON, INC. DBA BREITZMAN CUSTOM MASONRY
THIS THIRD AMENDMENT (“Third Amendment”) is effective as of the ______________ by
and between Mountain Mason, Inc. dba Breitzman Custom Masonry, a Colorado corporation
(hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter
“County”).
RECITALS
WHEREAS, County and Contractor entered into an agreement (C20-341) dated the 16th day of
September, 2020, for certain Services (the “Original Agreement”); and
WHEREAS, by a First Amendment (C21-281) dated August 20th, 2021, the term of the Original
Agreement was extended to September 16th, 2022; and
WHEREAS, by a Second Amendment (C22-281) dated July 29th, 2022, the term of the Original
Agreement was extended to September 16th, 2023; and
WHEREAS, the term of the Original Agreement expires on the 16th day of September, 2023 and
the parties desire to extend the term of the Original Agreement for an additional year.
THIRD 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 16th day of
September, 2024.
1. County shall compensate Contractor for the performance of the Services in a sum
computed and payable as set forth in Exhibit A3. Total compensation under this
Agreement shall not exceed one hundred thousand ($100,000.00) without a written
amendment to this Agreement. 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 Third Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Third
Amendment conflict with, modify or supplement portions of the Original Agreement,
the terms and provisions contained in this Third Amendment shall govern and control
the rights and obligations of the parties.
DocuSign Envelope ID: 96A7D6F8-C68C-472B-B96B-639407A8971A
8/3/2023
2
3. Except as expressly altered, modified and changed in this Third 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 Third Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the
Original Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONTRACTOR
BREITZMAN CUSTOM MASONRY
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: 96A7D6F8-C68C-472B-B96B-639407A8971A
Mike Breitzman
Owner
BREITZMAN MASONRY
PO Box 6773 Avon, CO 81620
970-471-3383
mbreitzman@gmail.com
DATE: 7/23/23
JOB NAME: Eagle County Facilities
JOB ADDRESS: Eagle County Colorado
DESCRIPTION: Masonry Services Agreement
Scope of work
Concrete - structural, flatwork, seal & repair
Tile - new Install & repair
Brick & Block - Install & repair
Retaining walls - landscape & masonry
Patios - all types
Pavers - Install & repair
Fireplaces - all types Install & repair
Stone veneer & Cap - all types Install & repair
Demolition & Removal - Protection of finishes
Interior & Exterior
Time & Material Pricing
Labor Rates $75.00-$105.00 Per Man Hour
Material - Cost + 30%
Bid pricing available
EXHIBIT A3
DocuSign Envelope ID: 96A7D6F8-C68C-472B-B96B-639407A8971A