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HomeMy WebLinkAboutC21-192 Encore ElectricSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ENCORE ELECTRIC, INC. THIS SECOND AMENDMENT (“Second 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 1st day of April, 2019, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated May 22nd, 2020 the term of the Original Agreement was extended to June 30th, 2021 and; WHEREAS, the term of the Original Agreement expires on the 30th day of June, 2021 and the parties desire to extend the term of the Original Agreement for an additional year. 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 30th day of June, 2022. 2.County shall compensate Contractor for the performance of the Services in accordance with the fee schedule set forth in Exhibit A2. Prior to commencement of 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. Total compensation for all Services under this Agreement shall not exceed one hundred thousand dollars ($100,000.00). 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. 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, DocuSign Envelope ID: 5C4480FA-9B5E-4C92-A68C-7CF7A113CB1F 6/4/2021 C21-192 2 Encore Electric.Second Amendment 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. 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 ENCORE ELECTRIC, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 5C4480FA-9B5E-4C92-A68C-7CF7A113CB1F Director of Colorado Mountains Pete Palmgren 5/10/2021 Electrical On-Call Rates Hourly rates for preferred customer Service Technician $90.00 Emergency Calls and National Holidays After 5:00pm Monday-Friday, Saturday and Sunday (2-Hr minimum trip charge) Service Technician $135.00 Material / Equipment Markups Miscellaneous Materials 30% Equipment Rentals 25% Experience Encore Electric, Inc. has been providing service needs to the Eagle County area for over 25years. In our Mountain division, Encore Electric employs over 60 craftspeople, Seven (7) Service Technicians and with a support staff of Four (4) Project managers, Three (3) Project engineers, Service Manager and administration team, we are confident that we will respond to all of Eagle County’s emergency & Non-emergency requests in a timely manner. References Paul Zoch Hyatt Beaver Creek 970-827-6625 Darryl Flores Vail Health 970-476-2451 Doug Workman Vail Resorts 970-754-3171 Erik Peterson OAC Management 970-926-0290 Dan Koelliker BG Buildingworks 970-949-6108 Additional references available upon request A2EXHIBIT DocuSign Envelope ID: 5C4480FA-9B5E-4C92-A68C-7CF7A113CB1F