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HomeMy WebLinkAboutC18-259 One Source LightingTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ONE SOURCE LIGHTING, INC. THIS THIRD AMENDMENT (“Second Amendment”) is effective as of ________________ by and between One Source Lighting, Inc., a Colorado corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 5th day of June, 2017, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated the 31st day of December, 2017 the parties extended the term of the Original Agreement for an additional year to provide additional time for Consultant to perform the Services; and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $329,627; and WHEREAS, by a Second Amendment dated the 14th day of March, 2018 the parties increased the amount of the Original Agreement to $487,583.65 to perform the Services; and WHEREAS, the County now desires to amend the Original Agreement to have Consultant perform additional Services for additional compensation as set forth below. THIRD 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 1, which is attached hereto and incorporated herein by reference. Individual cost estimates for each of the buildings are included as part of Exhibit 1 attached hereto. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $44,122 or a total maximum compensation under the Original Agreement, the Second Amendment, and the Third Amendment of $534,337. 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 this 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. DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF 9/4/2018 2 Eagle County Amend Term Scope Comp Final 5/14 4. 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. 5. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF 3 Eagle County Amend Term Scope Comp Final 5/14 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 CONSULTANT: ONE SOURCE LIGHTING, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF Matt Thesing President Agreement, Eagle County and One Source Lighting 3rd Amendment, Exhibit 1 Completion 2017 2018 2018 GHG Reduction Cost Savings Building / Location Date Completed / Paid Completed / Paid Remaining / Estimated mT / Year $ / Year Justice Center Annex Building Aug-17 $16,725.10 16 2,197.00$ Justice Center Oct-17 $171,454.53 138 20,217.00$ Eagle River Center Oct-17 $12,135.70 17 2,377.00$ Maintenance Service Center (MSC)Nov-17 $15,596.00 20 1,639.00$ Hardscrabble Ranch Nov-17 638.00$ 1 150.00$ Eagle County Building Dec-17 $84,845.50 2,969.92$ 39 8,911.00$ Old Courthouse Bldg Feb-18 52,930.90$ 15,938.02$ 26 3,700.00$ Facilities and Env Health Building Feb-18 5,572.40$ 2 278.00$ Landfill Shop May-18 7,550.00$ 3 642.00$ Landfill Haz Waste Bldg May-18 2,735.00$ 14 2,669.00$ Airport Terminal, Retail service counters May-18 12,167.00$ 26 2,433.00$ Airport Terminal, Airline ticket and back areas Jun-18 21,547.52$ 46 4,309.00$ Airport Terminal, Baggage Equipment Area Jun-18 14,938.50$ 80 9,267.00$ Airport Terminal, Back hallways Jun-18 5,698.90$ 5 1,140.00$ El Jebel Road and Bridge, controls Apr-18 7,301.20$ 10 1,434.00$ Animal Shelter, controls Feb-18 16,844.80$ 9 1,301.00$ Miller Ranch, lighting and controls May-18 21,233.70$ 12 1,629.00$ Senior Center, 8 poles (equipment only)Apr-18 1,393.00$ 6 1,180.00$ Landfill MRF Oct-18 15,617.00$ 13 2,880.00$ Airport Terminal, Overhead Pendants Oct-18 19,948.00$ 113 17,976.00$ Contingency (10%)3,556.50$ Extra product for replacement / stock at each building 5,000.00$ Total 354,325.73$ 135,889.96$ 44,121.50$ 470 65,473.00$ Total Amount:534,337.19$ ROI 12%DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF DocuSign Envelope ID: 266C8056-111B-43EA-983B-CFE7E8BA2CAF