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
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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
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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