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HomeMy WebLinkAboutC20-294 Cummins IncTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CUMMINS INC. THIS THIRD AMENDMENT (“Third 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, by a First Amendment dated September 4th, 2018 the term of the Original Agreement was extended to October 10th, 2019 and; WHEREAS, by a Second Amendment dated August 26th, 2019, the term of the Original Agreement was extended to October 10th, 2020; and WHEREAS, the term of the Original Agreement expires on the 10th day of October, 2020 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. 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 extend the term to the 10th day of October, 2021. 2.The compensation for the Services set forth in Exhibit A3 shall not exceed two thousand seven hundred eighty and 50/100 dollars ($2,780.50). In the event Contractor and County agree upon the need for additional services beyond those described in Exhibit A, those services shall be billed at the rates as set forth in Exhibit A. 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 A. Total compensation under this Agreement shall not exceed fifty thousand ($50,000.00) without a written amendment to this Agreement. 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: 7BBEEB85-8929-4AD6-A91E-A55FA62E33B0 8/13/2020 C20-294 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Cummins\El Jebel MSC\3rd\Cummins Rocky Mountain.Third Amendment.DRAFT.docx 3. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Third Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this Third 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 Third Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Third 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 CUMMINS INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 7BBEEB85-8929-4AD6-A91E-A55FA62E33B0 PM Sales and Service Advisor Matthew Harlow EAGLE COUNTY FACILITIES 107949 PO BOX 850 Eagle, CO 81631 05-AUG-20 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: 10/1/2020 - 9/30/2021 **QUOTE DOES NOT INCLUDE TAX IF ANY OR APPLICABLE. As a result of the outbreak of the disease Covid-19 arising from the novel coronavirus, temporary delays in delivery, labour or services from Cummins and its sub-suppliers or subcontractors may occur. Among other factors, Cummins? delivery obligations are subject to correct and punctual supply from our sub-suppliers or subcontractors, and Cummins reserves the right to make partial deliveries or modify its labour or service. While Cummins shall make every commercially reasonable effort to meet the delivery, service or completion obligations set forth herein, such dates are subject to change. 741.00 560.00 890.00 589.50 741.00 560.00 890.00 589.50 25GGMB 125 GGLA Glen Padgett $2,780.50 $2,780.50 466350 05-AUG-21 THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITY, WHICH ARE EXPRESSLY INCORPORATED HEREIN. CUSTOMER ACKNOWLEDGES GRAND JUNCTION CO 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 A3EXHIBIT DocuSign Envelope ID: 7BBEEB85-8929-4AD6-A91E-A55FA62E33B0 EAGLE COUNTY FACILITIES 107949 PO BOX 850 Eagle, CO 81631 05-AUG-20 Melissa L Guillen 1 Year(s) 970 4711768 Signature: Date: Signature: Date: Glen Padgett CUMMINS INC 466350 05-AUG-21 THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD, AND ACCEPTED. 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 DocuSign Envelope ID: 7BBEEB85-8929-4AD6-A91E-A55FA62E33B0