No preview available
HomeMy WebLinkAboutC23-322 Fading West Building Systems_second amendment SECOND AMENDMENT TO SUPPLY AGREEMENT AND PURCHASE ORDER BETWEEN FADING WEST BUILDING SYSTEMS, LLC AND EAGLE COUNTY, COLORADO THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ______________ by and between Fading West Building Systems, LLC a Colorado limited liability company (hereinafter “Fading West”) and Eagle County, Colorado, a body corporate and politic (hereinafter “Purchaser”). RECITALS WHEREAS, Fading West and Purchaser entered into a Supply Agreement and Purchase Order agreement dated the 18th day of April, 2023, for the purchase of Modular Units (the “Original Agreement”); and WHEREAS, the parties executed a First Amendment to the Original Agreement (the “First Amendment”) on the 11th day of August, 2023 to remedy typographical errors identified on page seventeen (17) of the Original Agreement., and WHEREAS, the Original Agreement and First Amendment provide that the total cost for the purchase of the Modular Units is in an amount not to exceed $1,783,232.00; and WHEREAS, Purchaser now desires to purchase additional heat pump system upgrades from Fading West for the Modular Units and therefore increase the total cost for the purchase of the Modular Units. 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 and First Amendment shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $231,972.00, for a total maximum compensation under the Original Agreement, First Amendment, and Second Amendment of $2,015,204.00. 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, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: 466F284B-850F-4DBC-A0C3-AE62CFF6BFFD 10/10/2023 2 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. 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 SECOND Amendment to the Original Agreement the day and year SECOND 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 Fading West Building Systems, LLC By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 466F284B-850F-4DBC-A0C3-AE62CFF6BFFD Director of Project Management Rex King