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HomeMy WebLinkAboutECAT20-06 ThyssenKruppFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AIR TERMINAL CORPORATION AND THYSSENKRUPP ELEVATOR CORPORATION THIS FIRST AMENDMENT (“First Amendment”) is effective as of _________________, by and between ThyssenKrupp Elevator Corporation a Delaware corporation (hereinafter “Consultant” or “Contractor”) and Eagle County Air Terminal Corporation, a Colorado non- profit corporation (hereinafter “ECAT”). RECITALS WHEREAS, ECAT and Consultant entered into an agreement dated the 11 day of August, 2020 for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Contractor shall be compensated at $2,750 per month for general maintenance and on-call services. Total compensation for all Services under this Agreement shall not exceed $50,000.; and WHEREAS, the ECAT desires to have Consultant perform additional Services for additional compensation as set forth below; and 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 include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2.The Contractor shall be compensated at $3,700 per month for general maintenance, on-call services, and additional Services set forth in Exhibit 1 or a total maximum compensation under the Original Agreement and this First Amendment of $50,000. 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. 5.This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. DocuSign Envelope ID: 8ABDB687-4D91-4533-AB42-659B06EB9758 9/22/2020 ECAT20-06 2 ECAT Am Term Scope Comp Final 5/14 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. EAGLE COUNTY AIR TERMINAL CORPORATION By: ___________________________ Jeff Shroll, Secretary CONTRACTOR By: _____________________________________ Print Name:______________________________ Title: ___________________________________ DocuSign Envelope ID: 8ABDB687-4D91-4533-AB42-659B06EB9758 Greg Rao Branch Manager 3 ECAT Am Term Scope Comp Final 5/14 EXHIBIT 1 DocuSign Envelope ID: 8ABDB687-4D91-4533-AB42-659B06EB9758 thyssenkrupp Elevator 1218 Third Avenue, Suite 1200 Seattle, WA 98101 www.thyssenkruppelevator.com thyssenkrupp Elevator Americas 8/26/2020 Exhibit A thyssenkrupp Elevator and Eagle County Regional Airport hereby amend and supplement their duly executed and existing elevator maintenance agreement dated, contract number US192034, as set forth in this addendum. This addendum shall be made a part of the existing elevator maintenance agreement, and in the event of conflict with other terms, conditions, purchase orders or contract documents, this addendum shall govern. All terms and conditions set forth in the existing elevator maintenance agreement will remain in full force and effect and apply to this addendum where no conflict exists. Scope. The terms and conditions set forth in the original maintenance agreement will remain in full affect except as specifically mo dified by this Addendum. TKE will include into the monthly pricing and terms and conditions of the existing service agreement annual escalator cleando wns required by the authority having jurisdiction. Full Escaltor Cleandown will consist of cleaning down the following components: • Cleandown of tuss and the catch pan (top, middle, and bottom) • Interior and exterior of the handrail inlets • Handrail newel roller • Roller tracks/guide rails (upper and lower • Pit areas (top and bottom) • Handrail drive shaft (wipe down and lubrication • Step rollers (wiope down where needed) • Bull gear catch pan • Wipe down of drive chain and added lubrication • Final wipe down of the balustrade, skirts, decking, comb plate assembly and the floor plates Scheduling Thyssenkrupp Elevator will provide the airport at least fourteen (14) days notice prior to commencing the annual cleandowns on the escalators. Price. The current monthly pricing of $2,750/month will be increased by $950/month to a total of $3,700/month. Billing will begin 7/1/20 as agreed on discussed with the existing service agreement. Term. This addendum shall become effective on 9/11/20. Acceptance. Your acceptance of this addendum and its approval by an authorized manager of thyssenkrupp Elevator will constitute exclusive ly the entire understanding of the parties with respect to the subject matter contained herein and it shall thereafter become part of the parties’ agreement. All other prior representations or agreements, whether written or verbal, will be deemed to be merged her ein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed b y both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will go vern, even in the event of a conflict. This proposal is submitted for acceptance within thirty (30) days from the Date Submitted by the Maintenance Agreement Addendum DocuSign Envelope ID: 8ABDB687-4D91-4533-AB42-659B06EB9758 Page 2 thyssenkrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized thyssenkrupp Elevator manager. thyssenkrupp Elevator Corporation: Eagle County Regional Airport: thyssenkrupp Elevator Corporation Approval: By: ___________________________________ (Signature of thyssenkrupp Elevator Representative) John Canty Account Manager (970) 309-3342 __________________________________ (Date Submitted) By: ___________________________________ (Signature of Authorized Individual) __________________________________ (Print or Type Name) __________________________________ (Print or Type Title) _________________________________ (Date of Approval) By: ___________________________________ (Signature of Authorized Individual) __________________________________ (Print or Type Name) __________________________________ (Print or Type Title) _________________________________ (Date of Approval) DocuSign Envelope ID: 8ABDB687-4D91-4533-AB42-659B06EB9758