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HomeMy WebLinkAboutC15-014 Mountain Roll-offs, Inc. Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND MOUNTAIN ROLL-OFFS,INC. THIS SECOND AMENDMENT("Second Amendment") is effective as of the v day of ,2015 by and between Mountain Roll-Offs, Inc., a Colorado corporation (hereinafter"Consultant"or"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,County and Consultant entered into an agreement dated the 251k day of February, 2014, for certain Services(the"Original Agreement");and WHEREAS,the Original Agreement contemplated that the Consultant would perform certain duties with compensation in an amount not to exceed$165,540.00; and WHEREAS,the term of the Original Agreement expired on the 31"day of December 2014; and WHEREAS,the County and Consultant entered into a First Amendment to the Original Agreement, dated the 71 day of October, 2014,to extend the term to the 3161 day of December 2015; and WHEREAS,the parties acknowledge that Traer Creek requested that the County remove its recycle bins from the recycled materials drop-off collection site located in Avon, Colorado as of January 20, 2015, because Traer Creek and the Town of Avon wish to move the existing Avon collection site to another location which will be operated by hauler other than Contractor; and WHEREAS,as a result of the relocation of the Avon collection site,the County no longer has the need for hauling services from the Avon site;and WHEREAS,the parties acknowledge that the County has installed a cardboard compactor at the Gypsum site and that the County no longer has the need for frontload cardboard collection at the Gypsum site; and WHEREAS,County and Consultant desire by this Second Amendment to modify the scope of Services and compensation as set forth in the Original Agreement. 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 modify the Services required to be performed by Contractor. The parties hereby agree to remove the recycled materials drop-off collection site located in Avon, Colorado (the"Avon site")from Contractor's iq scope of Services described in Section 1 of the Original Agreement and further agree to remove the Avon site from the list of collection sites set forth on Exhibit A to the Original Agreement. The removal of the Avon site from the Contractor's scope of Services shall be effective upon verbal notice from the County that the existing Avon site is no longer operational; and,upon such notice, Contractor shall stop hauling recycle and cardboard collection containers from the Avon site to the Eagle County MRF. As of the date of such notice, the County will no longer provide roll-off contains at the Avon site, and Contractor may remove any cardboard collection containers it provided for the Avon site, as well as any signage for such containers. 2, The parties agree to amend Section 1.c.to remove the Gypsum collection site (the "Gypsum site")from the Contractor's Services with regard to frontload cardboard collection only. Section 1. c.of the Original Agreement shall therefore be deleted and replaced with the following: c. Contractor will be responsible for providing cardboard collection containers at the two(2) sites in Red Cliff and Edwards. Each site requires one (1) to seven(7)containers for cardboard, based on need. Cardboard containers must be six(6)to eight(8)cubic yard frontload dumpsters with lids. Contractor may substitute a different size frontload dumpster than that specified as long as the minimum volume is six(6)cubic yards. Containers are required to be in good condition with operable slotted cardboard lids. Contractor shall be responsible, at its sole expense, for the repair and maintenance of all cardboard collection containers supplied pursuant to this Agreement. If a holiday falls on a prescribed collection day, Contractor must still pick up on the holiday and drop the cardboard off at the Eagle County Recycle MRF the next business day. Contractor shall provide the number of containers per site that are necessary to fulfill the collection need, but not to exceed seven(7) per site. Any containers beyond seven(7)per site will be serviced at a mutually agreeable price. Reloads will be at no additional expense to the County. As the County installs cardboard compactors at Red Cliff and Edwards, the Contractor will adjust the monthly rate set forth in Section 5.b.accordingly. 3. As a result of the reduction in Contractor's Services,the maximum compensation under the Original Agreement shall be reduced to an amount not to exceed $115,000.00. The first clause of Section 5 of the Original Agreement shall therefore be deleted and replaced with the following: 5. Compensation. County shall compensate Contractor for the performance of the Services in an amount not to exceed$115,000, as follows: 4. The parties acknowledge that a cardboard compactor has been installed at the Gypsum site. Accordingly,pursuant to Section i.e. of the Original Agreement,the monthly rate contained in Section 5.b.of the Original Agreement shall be adjusted accordingly. Section 5.b. of the Original Agreement shall therefore be deleted and replaced with the following: 2 Eagle County Am Scope and Comp Final 5/14 b. Cardboard Collection: Based on the Hauling Frequency Schedule, set forth on Exhibit B,the County will pay Contractor the sum of$2,500.00 per month,with no charge to the County for reloads. Contractor will not charge the County rent for the use of any collection containers provided under the terms of this Agreement. 5. 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 this Second Amendment conflict with,modify or supplement portions of the Original Agreement or the First Amendment, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 6. 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. 7. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] • 3 Eagle County Am Scope and Comp Final 5/14 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 BO RD O C= COMMISSI� e By: 41111 . .1 J. tan H. Ryan, C,A� an 04 E•AC,(4A Attest: 0 liii./.! s �1 By: 1•19. ,vz *—. Teak J. Simonton, Clerk to I .7.:67 _ CONTRACTOR !--/ / __�- ./i J� By: // Print Name: i. . , (1 \ilj-i4 f.494.r-" Title: 6,.7.1 I 4 Eagle County Am Scope and Comp Final 5/14