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HomeMy WebLinkAboutC18-351 Encore ElectricFOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ENCORE ELECTRIC, INC. THIS FOURTH AMENDMENT (“Fourth Amendment”) is effective as of ________________, by and between Encore Electric, 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 30th day of J une, 2015, for certain Services (the “Original Agreement”); and WHEREAS, County and Contractor entered into three amendments to the Original Agreement to extend the term of the Original Agreement through the 30th day of June, 2019; and WHEREAS, the County desires to expand the scope of the on-call services or work to be performed by Contractor, which may include troubleshooting and repair of electrical systems specific to the Eagle County Regional Airport ("Airport"), and to increase the not-to exceed amount of the Original Agreement. FOURTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. Section 5, Compensation, of the Original Agreement is hereby amended as follows: County shall compensate Contractor for the performance of the Services in accordance with the fee schedule set forth in Exhibit A. Prior to commencement of Services at any Property or Properties (including the Airport), 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 the particular Property or Properties. Each estimate must be approved by the 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 A. Total compensation for each individual Service under this Agreement shall not exceed $75,000 for non-Airport related Services and $75,000 for Airport related Services. 2. Capitalized terms in this Fourth 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, DocuSign Envelope ID: 6BCB5634-3F86-4F99-94EC-479D0536DABF 11/30/2018 2 Eagle County Amendment Ext Term Final 5/14 the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Fourth 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. 4. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of Page Intentionally Left Blank] DocuSign Envelope ID: 6BCB5634-3F86-4F99-94EC-479D0536DABF 3 Eagle County Amendment Ext Term Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this Fourth 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 By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 6BCB5634-3F86-4F99-94EC-479D0536DABF Pete Palmgren Director of Colorado Mountains