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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.