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HomeMy WebLinkAboutC24-184 Strategic Fence & Wall_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND STRATEGIC FENCE & WALL CO THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ______________ by and between Strategic Fence & Wall Co., 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 dated the 17th day of March, 2022, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated March 31st, 2023 the term of the Original Agreement was extended to May 10th, 2024; and WHEREAS, the term of the First Amendment expires on the 10th day of May, 2024 and the parties desire to extend the term of the First Amendment for an additional year. 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 First Amendment shall be amended to extend the term to the 10th day of May, 2025. 2. Section 5 of the Original Agreement is hereby amended to change the compensation amount for the performance of the Services in a sum computed and payable as set forth in Exhibit A2 in an amount not to exceed one hundred thousand dollars ($100,000). 3. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement or the First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement and the First Amendment 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. DocuSign Envelope ID: 0E7C439D-16AB-4DEF-BB08-DC3EA57D6AA1 4/11/2024 2 IN WITNESS WHEREOF, the parties hereto have executed this Second 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: STRATEGIC FENCE & WALL CO By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 0E7C439D-16AB-4DEF-BB08-DC3EA57D6AA1 Jack Saville President P.O.BOX 9376 |BRECKENRIDGE,CO 80424 |PHONE (970)547-9292 |FAX (970)547-9039 INFO@STRATEGICFENCE.COM 3/25/24 Strategic Fence &Wall and Eagle County 2024 Time &Material Rate Structure Labor Type Rate (per hour) General Laborer $63.00 Foreman $73.50 Welder $105.00 Gate Technician $157.50 Skid Steer or Excavator +Operator $210.00 Travel to Job Site Billed for one-way,at rates above Materials Mark-up Wholesale Purchases 50%(includes delivery) Materials if installed by Strategic Fence 10% Respectfully Submitted, Jack Saville Strategic Fence is proud to be a Service Disabled Veteran Owned Small Business. EXHIBIT A2DocuSign Envelope ID: 0E7C439D-16AB-4DEF-BB08-DC3EA57D6AA1