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HomeMy WebLinkAboutC23-292 Wagner Equipment_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WAGNER EQUIPMENT, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of the ____________ 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 (C20-335) dated the 14th day of September, 2020, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment (C21-299) dated September 8th, 2021, the term of the Original Agreement was extended to October 21st, 2022; and WHEREAS, by a Second Amendment (C22-299) dated September 1, 2022, the term of the Original Agreement was extended to October 21st, 2023; and WHEREAS, the term of the Original Agreement expires on the 21st day of October, 2023 and the parties desire to extend the term of the Original Agreement for an additional year. 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 21st day of October, 2024. 2. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A3. 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. DocuSign Envelope ID: EDA2AE0D-3264-424A-8552-E14641283AA1 8/31/2023 2 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 WAGNER EQUIPMENT, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: EDA2AE0D-3264-424A-8552-E14641283AA1 Pat Smith Product Support Representative Quote Issued Date:08/24/22 STANDBY PREVENTIVE MAINTENANCE Customer Value Agreement (CVA) Quote #84649.1 Wagner Power Systems,Customer Value Agreement (CVA),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: *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 SHERIFFS DEPT -29424 ACCOUNT NO:29424 COMPANY ADDRESS:PO BOX 359 SITE:Eagle County Justice Center CITY:EAGLE SITE ADDRESS:0855 Chambers STATE:CO ZIP:81631 CITY:Eagle CONTACT NAME:Ron Siebert STATE:CO ZIP:81631 CONTACT E-MAIL:Ron.siebert@eaglecounty.us PSSR NAME:Patrick J.Smith CONTACT PHONE:970-328-8881 PSSR PHONE:970-270-0583 MAKE /MODEL ENGINE SERIAL NO.START HOURS START DATE TERM Type Caterpillar /3406B 2WB01104 0 5/1/2023 24 Month Renewal Unit $Qty Total $Frequency Planned Dates of Maintenance PM 1 $1,523.17 2 $3,046.34 Yearly November 2023 &2024 PM 2 $2,214.50 2 $4,429.00 Yearly May 2023 &2024 Grand Total:$7,475.34 Volts Kilowatts Cable Length (ft) SPECIAL INSTRUCTIONS: Any non Customer Value Agreement maintenance repairs will be billed at Time &Material at the current Wagner Power Systems rate,and are subject to customer approval. Pricing is subject to change based on manufacturer changes to cost and availability. 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.Perform the indicated maintenance per the scope of work for that maintenance. 2.Provide written Preventive Maintenance and fluids analysis reports and estimate(s)for any corrective action. 3.Provide computerized maintenance scheduling system and a contact person to coordinate the efficient scheduling of work. 4.Maintain service records of all Preventive Maintenance including fluid analysis. Customer Signature:Date: PSSR Signature:Date: Service Manager Signature:Date: EXHIBIT A3 DocuSign Envelope ID: EDA2AE0D-3264-424A-8552-E14641283AA1