HomeMy WebLinkAboutC2021-030.1 - Stabilizer Solutions1
Contract No. 2021-030.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
STABILIZER SOLUTIONS, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into as of January 17, 2022, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Stabilizer Solutions, Inc., a(n) Arizona
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated January 4, 2021, for the Consultant to provide stabilizer “Pro Red” infield
mix and preparation, blending, placement/compaction and related services (the “Services”). All
capitalized terms not otherwise defined in this First Amendment have the same meanings as
contained in the Agreement.
B. The pricing/fee schedule has changed and must be updated.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to reflect the updated price/fee schedule as attached in Exhibit A-1.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Exhibit A is hereby replaced in its entirety with Exhibit A-1; Exhibit A-1 is
incorporated by this reference.
2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
3. Non-Default. By executing this First Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
2
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
4. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Jan 27, 2022 14:13 MST)
“Contractor”
____________________________________,
By:
Name:
Title:
Stabilizer Solutions, Inc., a(n) Arizona corporation
Clayton Hubbs (Jan 11, 2022 15:50 MST)
Clayton Hubbs
Director of Operations
Clayton Hubbs
EXHIBIT A-1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
STABILIZER SOLUTIONS, INC.
[Pricing/Fee Schedule]
See following pages.
Quote submitted by: Clayton Hubbs
Advancing the Evolution of Soil 34 Years Over 125,000 Projects 40 Countries
Stabilizer Solutions Inc.
33 South 28th Street
Phoenix, AZ 85034 USA
P 602.225.5900 F 602.225.5902
Toll Free 800.336.2468
www.StabilizerSolutions.com
info@StabilizerSolutions.com
PRODUCT UNIT PRICE TAX NOTES
Stabilizer® “Pro
Red” Infield Mix
Per ton
(Bulk)
$ 40.00 $ 3.44 Based on full
truck loads of
25 tons
Hilltopper®
Warning Track Mix
Per ton
(Bulk)
$240.00 $20.64
Hilltopper®
Conditioner
Per ton
(Bulk)
$225.00 $19.35
StaLok® Paving
Material
Per ton
(Bulk)
$230.00 $19.78
¼” Stabilizer
Granite
Per ton
(Bulk)
$ 38.00 $ 3.26 Based on full
truck loads of
25 tons
Hilltopper® Mound
& Plate Clay
50-lb.
bags
$ 15.00 $ 1.29 Based on 40/50-
lb bags per
pallet
Stabilizer®
Ballyard™ Clay
Per ton
(Bulk)
$125.00 $10.75 Based on 6-8
ton loads
Stabilizer®
Ballyard™ Clay
50-lb.
bags
$ 7.00 $ .60 Based on 40/50-
lb bags per
pallet
TERMS: Net 30 days - No additional discounts
Arizona state sales tax is billed at 8.6% or rate applicable at time of billing.
Quantities are approximate and are billed for actual tonnage received.
Price is based on full truck loads of 25 tons for infield mix & granite.
Bagged material is based on 40 bags per pallet.
Extra charge for residential delivery, lift gate, notification, or appointment.
Freight prices subject to change.