HomeMy WebLinkAboutC14-464 Wagner Equipment, Inc. Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WAGNER EQUIPMENT, INC. THIS SECOND AMENDMENT ("Second Amendment") is effective as of the CCU day of December, 2014 by and between Wagner Equipment, Inc. 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 28th day of November, 2012, for certain Services (the "Original Agreement"); and WHEREAS,the Original Agreement contemplated that the Contractor would perform certain Services with compensation in an amount not to exceed $2,320; and WHEREAS,by the First Amendment dated October 17, 2013, the term of the Original Agreement was extended to November 28, 2014; WHEREAS, the County desires to have Contractor perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 28th day of November, 2014, and the parties desire to extend the term 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 Original Agreement shall be amended to include additional Services as described in Exhibit A, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit A shall not exceed Two Thousand Five Hundred Fifty Two dollars ($2,552.00). In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the work described in Exhibit A, those services shall be billed per the rates set forth in Exhibit A,plus material costs (the"Additional Services"). Prior to commencement of any Additional Services, Contractor shall provide a formal proposal for each such service, to be approved by County in writing. Total compensation under this Agreement, including those Services set forth in Exhibit A, and any Additional Services, shall not exceed five thousand five hundred fifty two dollars ($5,552.00) 3. The term of the Original Agreement is hereby extended to the 28th day of November, 2015. 4. 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, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 5. 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. 6. 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 first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: 0 � �Q Rachel Oys,Acting Co y Manager CONTRACTOR WAGNER EQ IPMENT, INC. (---0 - By: Print Name: Robert VanGorder Title: Risk Manager 2 GaMAINTENANCFService Agreements\&nergency Generators`Justice Center'Wagner\2014 Wagner Second Amendment FINAL docx STANDBY P R E V EN T I V E MAINTENANCE CSA Program Enrollment Form C �*" I. Wagner Power Systems,CUSTOMER SUPPORT AGREEMENT,herein referred to as"Agreement"for new and used equipment is an important part of Caterpillar's continuing effort to provide OEM equipment owners with superior value and product support.This Agreement provides the owner reasonable assurance that the reliability and productivity of your equipment is maintained and unexpected repair cost is minimized.This Agreement allows you to do what you do best and focus on your core business while Wagner provides expert product support services on your equipment.Additional customer benefits: PREDETERMINED COST No surprises-maintenance cost are guaranteed up front. FACTORY-TRAINED TECHNICIANS Experienced technicians keep pace with advances in equipment technology. MAINTENANCE HISTORY&SCHEDULING Maintenance support staff utilize computerized scheduling&monitoring system. GUARANTEED QUALITY Cat diagnostic tools,fluids&filters assure consistent product quality and results. EPA COMPLIANCE. Properly dispose of used fluids and filters in compliance with local&federal laws. SAVINGS Avoid overhead on maintenance vehicles,insurance or unemployment compensation;minimize costly downtime; repair before failure;increase your productivity;extend your equipment life and get maximum performance and _ resale benefits. COMPANY NAME: FaireM. tkkCeh ACCOUNT NO: '2W4 COMPANY ADDRESS: (f:888'Chail%6er°s SITE ADDRESS: ,d CITY: Eagle CITY: STATE: Zip: $1631 STATE: Zip: 4 ', CONTACT NAME: PHONE NO: 977 32g-8f E-MAIL: os� ecou n,�; s PSSR NAME: m e. A 1` bane,=ur ction, 0 PHONE NO: 0,04-7-0-:454 MAKE/MODEL SERIAL NO. START START DATE TERM CSA Status HOURS / 4U68 worm ELI ott"76tritril 2 New a Renewed It Standby Program- 0 CO cc SERVICE LEVELS- z z w > " ce w J M 0 o W Z o w W W O O W O W 0 0} 0)- Et PM-1 0 a 11 s 1] El 0 Flat Rate/Per Visit:PM1=rOUVO Dates of Maint:INo:ern. .2015 N'Vem. r 2016 El PM-2 C? 11 C.1 13 13 11 L1 Flat Rate/Per Visit:PM2=E.4070 Dates of Maint: .a'p20 a a`�`0 • 13 PM-3 13 0 11 C1 b 13 13 Flat Rate/Per Visit:PM3= Dates of Maint: O ATS Maintenance L1 D C 13 C1 Cl t3 Flat Rate/Per Visit: Dates: ti Load Bank Test C1 11 a a C] O II Flat Rate/Per Visit: Dates: 'N Cable FT: KW: y:g-Volt: ' O Megger Test a 0 n 0 a El a' Flat Rate/Per Visit: Dates: • 11 Other: a El a Q El a p! Flat Rate/Per Visit: sr: Dates: tra SPECIAL INSTRUCTIONS: kn1r-nor,3 r'_�i a 0a`0_ WSILI Silie se ' Ya afe. o_ ?s#9 r a ip oyais 4 Tow4oriorio i a u ins^Tea. ta. nce i ud s arts; a or an ea 20 ;a i 7V er"y urs Any non CSA maintenance repairs will be billed at Time&Material at the current Wagner Power Systems rate,and are subject to customer approval. Tax and/or environmental charges should they apply are not included in above rate.Price Is Per Unit,Per Visit Induding Parts,Labor and Travel SERVICE PROVIDED: 1. Provide applicable travel,labor,parts,fluids,and tooling to perform PREVENTIVE MAINTENANCE as defined under the"Maintenance Section"of Operation&Maintenance Guide at the above intervals(check all Preventive Maintenance Intervals that apply)to include changing fluids and filters,replace gaskets/seals made unusable during Preventive Maintenance,adjust and lubricate machine. 2. Perform walk-around-visual inspection of the complete machine.Inspections are intended to identify and report readily observable equipment condition and/or deficiencies,which could adversely affect safety,machine life,operation and/or performance. 3. Provide fluid analysis for engine compartment and cooling system at selected intervals(fuel sampling is not included). 4. Provide written Preventive Maintenance and fluids analysis reports and estimate(s)for any corrective action. 5. Provide computerized maintenance scheduling system and a contact person to coordinate the efficient scheduling of work. 6. Maintain service records of all Preventive Maintenance induding fluid analysis. Customers Signature: p EXHIBIT PSSR Signature: to e6 •r_a10itri ��`rir(7S5ft D ya � Client#: 1082534 WAGNEEQUI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)12/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Client Manager USI Colorado LLC P"°NE 303 837-8500 FAx 303 83,1-5295 (AIC,No,Ext): (A/C,No): 1515 Wynkoop,Suite 200 ADDRIESS: den.certificate @usi.biz Denver,CO 80202 INSURER(S)AFFORDING COVERAGE NAIC# 303 837-8500 INSURERA:Zurich American Insurance Compa INSURED INSURER B:St.Paul Fire&Marine Insuranc 24767 Wagner Equipment Co. INSURER C:Berkley Regional Insurance Comp Wagner Rents,Inc. PO Box 17620 INSURER D: Denver,CO 80217 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR,WVD POLICY NUMBER (MM/DDY/YYYY) (MM/DDY/YYYY) LIMITS A GENERAL LIABILITY GL0819637207 03/01/2014 03/01/2015 EACH OCCURRENCE $1,000,000 D X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurtence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $1 0,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_$2,000,000 POLICY PRO- JECT X LOC SIR $$0 A AUTOMOBILE LIABILITY BAP819637107 03/01/2014 03/01/2015(Ea COMacBcidenINED t)SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE -$ AUTOS (Per accident) B x UMBRELLA LIAB X OCCUR ZUP12S8378914NF 03/01/2014 03/01/2015 EACH OCCURRENCE $25,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $25,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC819637308 03101/2014 03/01/2015 X WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Crime-Empl Theft BCR710007541 03/01/2014 03/01/2015 $1mm Limit;$10,000 Ded Forgery or Altrtn $1mm Limit;$10,000 Ded Money&Securities $1mm Limit;$10,000 Ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION Eagle County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 850 ACCORDANCE WITH THE POLICY PROVISIONS. Eagle,CO 81361-0000 AUTHORIZED REPRESENTATIVE AO a ©1988-2010 ACORD CORPO 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD i #S13916033/M12591033 PQ `• 5