HomeMy WebLinkAboutC18-322 Vail HoneyWagon Enterprises FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL HONEYWAGON ENTERPRISES LLC THIS FIRST AMENDMENT (“First Amendment”) is effective as of __________________, by and between Vail Honeywagon Enterprises, LCC a Colorado limited liability company (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 25th day of October, 2016, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain duties with compensation in an amount not to exceed $350,000.00; and WHEREAS, County and Contractor desire by this First Amendment to modify the scope of Services and compensation as set forth in the Original Agreement. FIRST 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 re-allocate certain reimbursable Compensation for use in land development, including construction of a pad and storm water drainage, as described in Exhibit 1, which is attached hereto and incorporated herein by reference. Specifically, the $90,000.00 referenced in Section 6.a.iv. of the Original Agreement will not be used for the rental of a grinder. Instead, the $90,000 shall be re-allocated to Section 6.a.ii, and used for land development. 2. Section 6, "Compensation" is hereby modified as follows: Section 6 a.iv is deleted. Section 6.a.ii is amended as follows: County shall reimburse Contractor up to $190,000 for land development of the Compost Facility, as outlined in Exhibit A. 3. The total not-to-exceed amount of the Compensation for the Project will remain at $350,000.00. 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA 11/2/2018 2 Eagle County Am Scope and Comp Final 5/14 5. Except as expressly altered, modified and changed in this First 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. 6. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First 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: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA GENERAL MANAGER Brian Copley 3 Eagle County Am Scope and Comp Final 5/14 EXHIBIT 1 SCOPE OF SERVICES DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA DocuSign Envelope ID: EA6B5013-5B54-4ADD-B0A0-BA64BBD4E1BA