HomeMy WebLinkAboutC25-083 Taft Engineering, Inc_second amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TAFT ENGINEERING, INC. THIS SECOND AMENDMENT (“Second Amendment”) is effective as of _______________ by and between Taft Engineering, 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 17th day of March, 2023, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated January 23rd, 2024, the term of the Original Agreement was extended to March 5th, 2025 (the “First Amendment”); and WHEREAS, the parties desire to extend the term of the Original Agreement for an additional year and to adopt an updated fee schedule for the Services performed during this additional year, as provided for below. 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 is hereby extended for an additional one-year term (“Additional Term”), which extends the term of the Original Agreement to March 5, 2026. 2. County shall compensate Contractor for Services performed during the Additional Term in a sum computed and payable as set forth in Exhibit A2, which is attached hereto and incorporated herein by reference. The compensation for the Services performed during the Additional Term shall not exceed one hundred thousand dollars ($100,000.00). The total compensation for all Services performed between March 17, 2023 and March 5, 2026 shall not exceed three hundred thousand dollars ($300,000.00). 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 or First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. Docusign Envelope ID: 53D5E25F-C41E-433E-B622-EB3C33F9CAF7 2/11/2025 2 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 BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Stacey Jones Chief Deputy Clerk and Recorder CONTRACTOR TAFT ENGINEERING, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ Docusign Envelope ID: 53D5E25F-C41E-433E-B622-EB3C33F9CAF7 VP Aftermarket Sales & Support Cory Hesterwerth Notes: 1. Overtime rate is effective for all hours in excess of 8 hours per day on weekdays and for all hours on Saturdays and Sundays. Holidays are billed at double the standard rate. 2. All travel expenses such as airfare, local transportation, rental car, lodging, Internet access meals etc. are billed at cost +10% with the final invoice. *These expenses when applicable are in addition to the hourly rate. 3. All international travel is via business class. 4. Travel time is calculated from portal to portal. 5. 24/7 service is not available. We will do our best to accommodate emergency situations. 6. A purchase order or pre-authorized credit card with a valid customer account must be provided prior to scheduling any service. 7. In the event that a part is being shipped to a jobsite and the technician is to wait for the part to arrive for installation, the remainder of that day will be billed at the standard rate up to 8 hours. All shipping/freight charges will be incurred by the customer. 8. All payment terms are net 30 days. 2025 Service Rate Sheet Standard hourly field & office rate: $155/hr per technician (8am-5pm M-F) Overtime hourly field & office rate: $232.50/hr per technician EXHIBIT A2Docusign Envelope ID: 53D5E25F-C41E-433E-B622-EB3C33F9CAF7