HomeMy WebLinkAboutC23-331 Kimley Horn and Associates_first amendment FIRST AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
KIMLEY HORN AND ASSOCIATES, INC.
THIS FIRST AMENDMENT (“First Amendment”) is effective as of October 10, 2023 by and
between Kimley Horn and Associates, Inc., a North Carolina 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 28th day of August
2023 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 $200,000; and
WHEREAS, County and Consultant desire by this First Amendment to expand the scope of
Services 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. The Original Agreement shall be amended to include additional Services as described
in Exhibit A-1, which is attached hereto and incorporated herein by reference.
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.
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.
DocuSign Envelope ID: AEF6868F-1BA0-4357-9801-0F1E4330E68F
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Eagle County Am Scope and Comp Final 5/14
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 COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONSULTANT
By: _____________________________________
Print Name: Randall J. Phelps
Title: Senior Vice President
DocuSign Envelope ID: AEF6868F-1BA0-4357-9801-0F1E4330E68F
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Eagle County Am Scope and Comp Final 5/14
EXHIBIT A -1
Scope of Work
Consultant will assist with the rewrite and reform of the Eagle County Land Use Regulations
(“ECLUR”) on an as needed basis in consult with the Eagle County Attorney’s Office and the
law firm of Fairfield and Woods, PC, which firm serves as lead consultant on the ECLUR
rewrite project. Services are expected to include, but not be limited to, research of and
geospatial analysis of zone districts in Eagle County; research involving land use tables and other
matters; and technical assistance as requested.
If requested by the Eagle County Attorney’s Office, Services may also include assistance with
the ECLUR rewrite adoption process, including attendance at meetings with staff and technical
advisory committees, referral agency coordination and evaluation, report writing, and
presentation at public hearings of the planning commission and Board of County
Commissioners.
DocuSign Envelope ID: AEF6868F-1BA0-4357-9801-0F1E4330E68F
