HomeMy WebLinkAboutC18-257 Cummins IncFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of __________________, by and between Cummins Inc. an Indiana 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 10th day of October, 2017, 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 $2,541.50; and WHEREAS, the term of the Original Agreement expires on the 10th day of October, 2018 and the parties desire to extend the term of the Original Agreement for an additional year. 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 extend the term to the 10th day of October, 2019. 2. The compensation for the Services set forth in Exhibit A1 shall not exceed two thousand five hundred ninety eight and 50/100 dollars ($2,598.50). In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the services described in Exhibit A1, those services shall be billed at a rate as described in Exhibit A1, plus material costs. Total compensation under this Agreement shall not exceed five thousand five hundred ninety eight dollars ($5,598.00) without a written amendment to this Agreement. 3. 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. 4. 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. DocuSign Envelope ID: 3F180C59-76E6-4482-8E27-2A2A57020D61 9/4/2018 2 G:\Andy\Contract Final Drafts\Cummins\El Jebel MSC\1st\Cummins Rocky Mountain.Final.docx 5. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. 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: ______________________________ Kelley Collier, Deputy County Manager CONTRACTOR CUMMINS INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 3F180C59-76E6-4482-8E27-2A2A57020D61 Matthew Harlow PM Sales and Service Advisor EAGLE COUNTY FACILITIES 44970 P O BOX 850 Eagle, CO 81631 24-JUL-18 Melissa L Guillen 1 Year(s) 970 4711768 EAGLE COUNTY FLEET MNTC 0020 EAGLE COUNTY DR 3289 COOLEY MESA ROAD 1 2 EL JEBEL GYPSUM 81623 81637 CO CO 1 2 GENERATOR L080226491 ONAN ONAN GEN SET GEN SET H090024012 L080226491 ST ST 1 2 GENERATOR L080226491 FULL SERVICE INSPECTION FULL SERVICE INSPECTION 1 1 1 1 QUOTED PRICING IS BASED ON WEEKDAYS DURING NORMAL BUSINESS HOURS. LABOR RATE FOR REPAIRS DURING NORMAL BUSINESS HOURS IS $110.00 AND MILEAGE IS $2.50 PER MILE. AGREEMENT TERMS: 10/1/2018 - 9/30/2019 **QUOTE DOES NOT INCLUDE TAX IF ANY OR APPLICABLE. 692.00 522.00 834.00 550.50 692.00 522.00 834.00 550.50 25GGMB 125 GGLA Glen Padgett $2,598.50 $2,598.50 2579 24-JUL-19 Optional services available: * Coolant sample analysis * Fuel sample analysis Purchase order #:__________________ Please provide name and e-mail address for each site contact. Site:________ Name:________________________________ Email:____________________________________________ Site:________ Name:________________________________ Email:____________________________________________ GRAND JUNCTION BRANCH 731 SCARLET DR GRAND JUNCTION, CO 81505 Phone: 970-242-5776 Contact: Phone: Fax: Cust Id: Quote Date: Quote Expires: Quote Num: Quoted By: Quote Term: Site Information Site Unit Number Manufacturer Model Prod Model Serial Number Type Site Unit Number Service Event Qty Sell Price Extended Price Standard Agreement Amount Proposal Total Customer ContactCustomer Address Quote Information PLANNED MAINTENANCE AGREEMENT DocuSign Envelope ID: 3F180C59-76E6-4482-8E27-2A2A57020D61 EAGLE COUNTY FACILITIES 44970 P O BOX 850 Eagle, CO 81631 24-JUL-18 Melissa L Guillen 1 Year(s) 970 4711768 Signature: Date: Signature: Date: Glen Padgett CUMMINS INC 2579 24-JUL-19 * Oil sample analysis * Generator rental **All other work will be performed on a time and material basis. Contact: Phone: Fax: Cust Id: Quote Date: Quote Expires: Quote Num: Quoted By: Quote Term: Customer Approval Customer ContactCustomer Address Quote Information PLANNED MAINTENANCE AGREEMENT A1 EXHIBIT DocuSign Envelope ID: 3F180C59-76E6-4482-8E27-2A2A57020D61