No preview available
HomeMy WebLinkAboutC17-068 Vail Honeywagon EnterprisesFIFTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL HONEYWAGON ENTERPRISES, LLC THIS FIFTH AMENDMENT ("Fifth Amendment") is effective as of 03/01/2017 by and between Vail Honeywagon Enterprises, LLC a Colorado limited liability company (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 25"' day of February, 2014, for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement was entered into with Mountain Roll -Offs, Inc. ("MRP') and effective as of July 1, 2016, MRI has merged with Vail Honeywagon Enterprises, LLC; and WHEREAS, by a First Amendment dated the 7t11 day of October, 2014, the term of the Original Agreement was extended to December 31, 2015; and WHEREAS, by a Second Amendment dated the 20t11 day of January, 2015, the parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Third Amendment dated the 8"' day of December, 2015, the term of the Original Agreement was extended to December 31, 2016; and WHEREAS, by a Fourth Amendment dated the 20'h day of December, 2016, the term of the Original Agreement was extended to December 31, 2017; and WHEREAS, by a Fourth Amendment the Original Agreement was amended to reflect the name change of Mountain Roll -Offs Inc. to Vail Honeywagon Enterprises, LLC; and WHEREAS, by a Fourth Amendment the Original Agreement was amended to include an additional recycled materials drop-off collection site located in Avon, Colorado; and WHEREAS, by a Fourth Amendment the parties modified the compensation to incorporate a maximum price increase of three percent (3%) such that the compensation for the Services set forth in the Original Agreement shall not exceed $170,506.20 for 2017; and WHEREAS, County and Consultant desire by this Fifth Amendment to amend the scope of Services and compensation as set forth in the Original Agreement. C17-068 III lam: 1►►i0►117►100111 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 reflect the following: the cardboard containers at the Avon and Edwards recycled materials drop-off collection sites will now be 30 -yard roll -off gable top containers with a cardboard slot. 2. The Original Agreement shall be amended to reflect the following: the County will pay the Contractor the sum of $250.00 per haul for cardboard collection at the Red Cliff recycled materials drop-off collection site. The County will pay the Contractor $169.95 per haul for cardboard, commingle, and paper from the Gypsum, Eagle, Edwards, and Avon recycled materials drop-off collection sites. 3. Section 1(c) of the Original Agreement is hereby deleted and replaced with the following language: "1.c. Contractor shall be responsible for providing a cardboard collection container at the one (1) site in Red Cliff. The Red Cliff site requires one (1) container for cardboard. Cardboard containers must be six (6) to eight (S) cubic yard frontload dumpsters with lids. Contractor may substitute a different size frontload dumpster than that specified herein 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. On cardboard collection days (excluding Saturdays) the drop -site cardboard will need to be collected separate from any commercial or non -drop site cardboard and delivered to the Eagle County Recycle MRF the next business morning. Cardboard collection on Saturday will require the delivery of the material to the Eagle County Recycle MRF the next business day. Contractor shall provide the one (1) container at the Red Cliff site. Reloads will be at no additional expense to the County." 4. Section 5(a) of the Original Agreement is hereby deleted and replaced with the following language: "5.a. Roll -off container hauling: County will pay Contractor $169.95 per haul" 5. Section 5(b) of the Original Agreement is hereby deleted and replaced with a notation that the section has been intentionally omitted as follows: "5.b. Intentionally Omitted." 2 Eagle County Am Scope and Comp Final 5/14 6. Capitalized terms in this Fifth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fifth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fifth Amendment shall govern and control the rights and obligations of the parties. 7. Except as expressly altered, modified and changed in this Fifth 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. 8. This Fifth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to the Original Agreement the day and year first above written. Attest: By: Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Jillian H. Ryan, Chair CONSULTANT: VAIL HONEYWAGON ENTERPRISES, LLC Print Name: Matt Donovan Title: VP Mtn Operations MWR 3 Eagle County Am Scope and Comp Final 5/14