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