HomeMy WebLinkAboutC18-269 Wagner EquipmentSECOND AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
WAGNER EQUIPMENT, INC.
THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________,
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 21st day of October,
2016, for certain Services (the “Original Agreement”); and
WHEREAS, by a First Amendment dated October 21st, 2017 the term of the Original Agreement
was extended to October 21st, 2018; and
WHEREAS, the term of the Original Agreement expires on the 21st day of October, 2018 and the
parties desire to extend the term of the Original Agreement for an additional year on the same
terms and conditions as set forth in the Original Agreement.
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 extend the term to the 21st day of
October, 2019.
2. The compensation for the Services set forth in Exhibit A2 shall not exceed two
thousand seven hundred dollars ($2,707.00). In the event Contractor and County
agree upon the need for additional maintenance or repair services beyond the
inspections and services described in Exhibit A2, total compensation under this
Agreement shall not exceed fifty thousand dollars ($50,000.00) without a written
amendment to this Agreement. Prior to commencement of any additional Services at
any Property or Properties, Contractor shall first provide County with a written
estimate which shall include an estimate of the labor, materials without any mark up
and any additional costs necessary to perform the Services at a particular Property or
Properties. Each estimate must be approved by County’s Representative prior to
commencement of the Services by Contractor and all rates shall be in accordance
with the fee schedule set forth in Exhibit A2. Contractor shall not be entitled to bill at
overtime and/or double time rates for work done outside of normal business hours
unless specifically authorized in writing by County.
DocuSign Envelope ID: 237F2B5C-AD21-4FDE-A427-45DD755B7088
9/12/2018
2
G:\Andy\Contract Final Drafts\Wagner Equipment\2nd\Wagner Equipment Inc.Second Amendment.DRAFT.docx
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 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.
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: 237F2B5C-AD21-4FDE-A427-45DD755B7088
3
G:\Andy\Contract Final Drafts\Wagner Equipment\2nd\Wagner Equipment Inc.Second Amendment.DRAFT.docx
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
CONTRACTOR
WAGNER EQUIPMENT, INC.
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
DocuSign Envelope ID: 237F2B5C-AD21-4FDE-A427-45DD755B7088
Pat Smith
Product Support Representative
S T A N D B Y P R E V E N T I V E M A I N T E N A N C E
CSA Program Enrollment Form
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: Eagle County Justice Center. ACCOUNT NO: 29424
COMPANY ADDRESS: 0885 Chambers SITE ADDRESS: Same
CITY: Eagle CITY:
STATE: CO Zip: 81631 STATE: Zip:
CONTACT NAME: Ron Siebert PHONE NO: 970-328-8881
E-MAIL: Ron.siebert@eaglecounty.us
PSSR NAME: Pat Smith - 252 - Grand Junction, CO PHONE NO: 970-270-0583
MAKE / MODEL SERIAL NO. START
HOURS
START DATE TERM CSA Status
Cat / 3406B 2WB01104 May 2019 2 Yr New Renewed
Standby Program -
SERVICE LEVELS - Optional MONTHLY EVERY 3 MONTHS EVERY 6 MONTHS ONCE PER YEAR ONCE EVERY 2 YEARS ONCE EVERY 3 YEARS
PM-1 Flat Rate/Per Visit: PM1 = 1075.00 Dates of Maint: November 2019, November 2020
PM-2 Flat Rate/Per Visit: PM2 = 1632.00 Dates of Maint: May 2019, May 2020
PM-3 Flat Rate/Per Visit: PM3 = Dates of Maint:
ATS Maintenance Flat Rate/Per Visit: Dates:
Load Bank Test Flat Rate/Per Visit: Dates: Cable FT: KW: Volt:
Megger Test Flat Rate/Per Visit: Dates:
Other: Flat Rate/Per Visit: Dates:
SPECIAL INSTRUCTIONS:
Any non CSA maintenance repairs will be billed seperately and are subject to customer approval. 2018 Labor rate 155.00 per hour RT, 185.00 OT (Travel and labor). The
2019 and 2020 rate will not be published until that time..
Taxes and/or environmental fee's, should they apply, are not included in the above rates. Price includes Parts, Labor, and Mileage.
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 Including Parts, Labor and Travel
SERVICE PROVIDED:
1. Provide applicable travel, labor, parts, fluids, and tooling to perform PREVENTIVE MAINTENANCE as defined under the "Maintena nce 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 including fluid analysis.
Upon approval, please return to Pat Smith at psmith@wagnerequipment.com.
Customers Signature: Date:
PSSR Signature: Pat Smith - Grand Junction, CO - PSSR Date: August 27, 2018
Service Manager Signature: Date:
A2EXHIBIT
DocuSign Envelope ID: 237F2B5C-AD21-4FDE-A427-45DD755B7088
