HomeMy WebLinkAboutC12-121 SHC Nursery and Landscape Co. Agreement LANDSCAPE SERVICES AGREEMENT BETWEEN
EAGLE COUNTY AND SHC Nursery & Landscape Co.
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THIS AGREEMENT is made this 9 day of (by and between Eagle County
( "County "), and SHC Nursery & Landscape Co. ( "Contractor "), a company organized
and existing by virtue of the laws of the State of Colorado and with a principal place of
business at 916B Chambers Ave. Eagle, CO 81631.
WHEREAS, County desires to utilize Contractor for Landscape Maintenance Services for the
County facilities Justice Center and Justice Center Annex located at 855 Chambers Street and 955
Chambers Street, Eagle, CO 81631; and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience and expertise necessary to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of
services for Contractor in connection with the services and related terms and conditions
to govern the relationship between Contractor and County in connection with this
Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, County and Contractor agree as follows:
ARTICLE 1— WORK
1.1 The Contractor shall provide all labor, materials and equipment necessary to perform and
complete the services described below at the Justice Center and Justice Center Annex
Building in Eagle, Colorado, as shown in site map attached hereto as Exhibit "A" and the
Proposal Form attached hereto as Exhibit `B" and incorporated herein by this reference
(the "Work "):
Spring Clean of exterior area
Incudes turf, shrub beds, power raking and edging.
Aeration
Turf areas will be aerated by a core cultivation method scheduled once in the Spring &
once in the Fall per season.
Power Raking
Power raking of all heavily thatched turf areas will be done in spring before turf
begins to turn green to prevent turf damage.
Turf Weed Control
Liquid preemergents will be applied soon after the irrigation system is turned on
and the turf becomes undormant. All turf will be inspected for broadleaf growth
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and controlled by means of spot spraying with broadleaf herbicide as required to
maintain a weed free condition
Turf Fertilization
All turf areas will be fertilized. Selection of fertilizer will be based upon soil and
turf conditions and time of year. Scheduled fertilization will consist of 1 lb. per
1000 sq.ft. of actual nitrogen per application and will be of a slow release granular
nature. Applications should be applied three times per season. The first
application is to be a liquid application of a weed and feed product that will
coincide with the Turf Weed Control above.
Irrigation Maintenance
1. Spring start-up — 28 zones
2. Includes charging, adjusting, checking system weekly.
3. Winterization of system with compressed air. System will be set to water
during night time hours.
4. Damage to sprinkler heads due to mowing or other reasons by the contractor
will be the responsibility of the contractor.
5. Any other repairs necessary must be authorized by Facilities Management
Supervisor.
Ornamental Bed Maintenance
1. Shrub and perennial bed spring, summer & fall maintenance.
2. Bed mulch will be topped off to evenly cover all surface areas.
3. Ornamental beds will be fertilized once per season with a slow release
fertilizer.
4. All weeds shall be removed by manual means in all ornamental bed areas on a
weekly basis to provide a weed free landscape.
5. Post treatments of broadleaf weeds with herbicides will be done as needed to
maintain a week free condition.
6. Granular preemergents will be used as directed for weed seed control in all
flower and shrub beds.
1.2 Commencement of Work
The season is defined as April 1 — Nov 15, adjusted depending on weather patterns and
as discussed with Facilities Management Supervisor. Irrigation service date start and
winterization dates will be coordinated with Facilities Management Supervisor.
Landscaping and irrigation maintenance services shall be performed during the hours
of 7:00 a.m. - 5:30p.m., Monday through Friday. Contractor must arrange in advance
for weekend and after -hours access to the site. Contractor must submit a list of
holidays on which services will not be provided, if any, except for on -call
emergencies.
1.3 In the event of any conflict between the contents of this Agreement and Exhibits
A and /or B, this Agreement shall control.
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ARTICLE 2 — COUNTY'S REPRESENTATIVE
2.1 The Contract is under the authority of the Eagle County Facilities Management
Department, the Manager of which, or his designee, shall be Contractor's contact with
respect to the performance of the Work.
ARTICLE 3 — TERM OF AGREEMENT
3.1 This Agreement shall commence on the date first above written, and, subject to
the provisions of this Article 3, shall continue in full force and effect for a period of 1
year, commencing with the effective date of this Agreement. This Agreement may be
extended for up to three additional term years beyond the time referred to in this Section
3.1 on terms and conditions as may be mutually agreed between the parties in writing.
3.2 The performance of the Work may be terminated at any time in whole, or from
time to time in part, by County for its convenience. Any such termination shall be
effected by delivery to Contractor of a written notice ( "Notice of Termination ")
specifying the extent to which performance of the Work is terminated and the date upon
which termination becomes effective. After receipt of a Notice of Termination, and
except as otherwise directed by County, Contractor shall, in good faith, and to the best of
its ability, do all things necessary, in the light of such notice and of such requests in
implementation thereof as County may make, to assure the efficient, proper closeout of
the terminated Work (including the protection of County's property). Among other things,
Contractor shall, except as otherwise directed or approved by County:
A. stop the Work on the date and to the extent specified in the Notice of
Termination;
B. place no further orders or subcontracts for services, equipment or materials
except as may be necessary for completion of such portion of the Work as is not
terminated;
C. terminate all orders and subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination;
D. with the approval of County, settle all outstanding liabilities and all claims
arising out of such termination or orders and subcontracts; and
3.3 In the event of such termination, Contractor shall be entitled to payment for the
work satisfactorily performed prior to the termination date.
ARTICLE 4 — RENUMERATION
4.1 For the Work provided hereunder, County shall pay to the Contractor monthly
installments of $1,036.40 for Work satisfactorily performed during the months of April,
2012 through November 15, 2012, but in no event shall the total amount paid to
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Contractor exceed $ 8,291.20 absent a written amendment to this Agreement. Fees for
Services satisfactorily performed will be paid within thirty (30) days of receipt of a
proper and accurate invoice from Contractor. The invoice shall include a description of
and date for which the Work was performed. Upon request, Contractor shall provide
County with such other supporting information as County may request.
4.2 County will not withhold any taxes from monies paid to the Contractor hereunder
and Contractor agrees to be solely responsible for the accurate reporting and payment of
any taxes related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, County
shall have no obligations under this Agreement after, nor shall any payments be made to
Contractor in respect of any period after December 31 during any term of this Agreement
without an appropriation therefore by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
ARTICLE 5— CONTRACTOR'S REPRESENTATIONS
In order to induce County to enter into this Agreement, Contractor makes the following
representations:
5.1 Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions, and federal, state, and local
laws, ordinances, rules and regulations that in any manner affect cost, progress, or
performance of the work.
5.2 Contractor will make, or cause to be made, examinations, investigations, and tests
as he deems necessary for the performance of the Work for the Snow Removal Services,
in accordance with other terms and conditions of the Contract Documents.
5.4 To the extent possible, Contractor has correlated the results of all such
observations, examinations, investigations, tests, reports, and data with the terms and
conditions of the Contract Documents.
5.5 To the extent possible Contractor, has given Contract Manager written notice of
all conflicts, errors, or discrepancies that he has discovered in the Contract Documents.
ARTICLE 7 — CONTRACT DOCUMENTS
The contract Documents which comprise the entire Agreement, made a part hereof, and
consist of the following:
7.1 This Agreement
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7.2 Exhibit "A" Site Map
7.3 Exhibit `B" SHC Nursery & Landscape Co. Proposal Form
7.4 Certificates of Insurance
7.5 Any modification, including Change Orders, duly delivered after execution of
Agreement. There are no Contract Documents other than those listed above in this
Article 7. The Contract Documents may only be altered, amended, or repealed by a
written agreement of the parties. To the extent the terms and conditions of this
Agreement conflict with any other Contract Document, the terms of this Agreement shall
prevail.
ARTICLE 8 — MISCELLANEOUS
8.1 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.2 County and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.3 Provision Mandated by C.R.S. § 8 -17.5 -101 et seq. PROHIBITIONS ON
PUBLIC CONTRACT FOR SERVICES
8.3.1 If Contractor has any employees or subcontractors, Contractor shall comply with
C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and
this Contract. By execution of this Contract, Contractor certifies that it does not
knowingly employ or contract with an illegal alien who will perform under this Contract
and that Contractor will participate in the E -verify Program or other Department of Labor
and Employment program ( "Department Program ") in order to confirm the eligibility of
all employees who are newly hired for employment to perform work under this Contract.
8.3.2 Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
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contract with an illegal alien to perform work under the public
contract for services.
8.3.3. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in
the E -verify Program or Department Program, as administered by the United States
Department of Homeland Security. Information on applying for the E- verify program
can be found at:
http: / /www.dhs.gov /xprevprot /programs /gc 1185221678150.shtm
8.3.4 The Contractor shall not use either the E- verify program or other Department
Program procedures to undertake pre - employment screening of job applicants while the
public contract for services is being performed.
8.3.5 If the Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal
alien, the Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (i)
of the paragraph (D) the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with
an illegal alien.
8.3.6 The Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department is
undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5).
8.3.7 If a Contractor violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated specifically for a breach of
this provision of this Contract, the Contractor shall be liable for actual and consequential
damages to the County as required by law.
8.3.8 The County will notify the office of the Colorado Secretary of State if Contractor
violates this provision of this Contract and the County terminates the Contract for such
breach.
8.4 ATTORNEY'S FEES: In the event of litigation between the parties hereto
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regarding the interpretation of this Agreement, or the obligations, duties or rights of the
parties hereunder, or if suit otherwise is brought to recover damages for breach of this
Agreement, or an action be brought for injunction or specific performance, then and in
such events, the prevailing party shall recover all reasonable costs incurred with regard to
such litigation, including reasonable attorney's fees.
8.5 INSURANCE REQUIREMENTS. At all times during the term of this
Agreement, Contractor shall maintain insurance on its own behalf in the following
minimum amounts:
Workmen's Compensation, disability benefits, and other similar employee benefit
acts, with coverage and in amounts as required by the laws of the State of
Colorado;
Comprehensive Automobile Insurance shall be carried in the amount of
$1,000,000 for bodily injury and $1,000,000 for property damage, each
occurrence. All liability and property damage insurance required hereunder shall
be Comprehensive General and Automobile Bodily Injury and Property Damage
form of policy.
Comprehensive liability and property damage insurance issued to and covering
Contractor and any subcontractor with respect to all Work performed under this
Agreement and shall also name County as an additional insured, in the following
minimum amounts:
Bodily Injury Liability:
Each Person: $1,000,000
Each Accident or Occurrence: $2,000,000
Property Damage Liability:
Each Accident or Occurrence: $1,000,000
Aggregate: $2,000,000
8.6 Invalidity or unenforceability of any provision of this Agreement shall not affect
the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
ARTICLE 9 - JURISDICTION AND VENUE:
9.1 This Agreement shall be interpreted in accordance with the laws of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof.
Venue shall be in the Fifth Judicial District for the State of Colorado.
ARTICLE 10 - INDEMNIFICATION:
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The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless
County and any of its officers, agents and employees against any losses, claims, damages •
or liabilities for which County or any of its officers, agents, or employees may become
subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly
or indirectly, this Agreement, or are based upon any performance or nonperformance by
Contractor hereunder; and Contractor shall reimburse County for any and all legal and
other expenses incurred by County in connection with investigating or defending any
such loss, claim, damage, liability or action. This indemnification shall not apply to
claims by third parties against the County to the extent that the County is liable to such
third party for such claim without regard to the involvement of the Contractor.
ARTICLE 11- OWNERSHIP OF DOCUMENTS:
All documents (including electronic files) which are obtained during or prepared in the
performance of the Work shall remain the property of the County and are to be delivered
to County before final payment is made to Contractor or upon earlier termination of this
Agreement.
ARTICLE 12 — NOTICE
Any notice required under this Agreement shall be personally delivered, mailed in the
United States mail, first class postage prepaid, or sent via facsimile provided an original
is also promptly delivered to the appropriate party at the following addresses:
The County: Eagle County Facilities Management
P.O. Box 850
Eagle, Colorado 81631
(970) 328 -8786 (p)
(970) 328 -8899 (f)
and a copy to: Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
(970) 328 -8699 (1)
The Contractor: SHC Nursery & Landscape Co.
P.O. Box 2049
Eagle, CO
81631 http: / /news.tubbssnowshoes. co
m/2012/04/02 /tubbs - snowshoes-
ambassador- program/
Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted
and confirmed received or, if transmitted after normal business hours, on the next
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business day after transmission, provided that a paper copy is mailed the same date; or
three days after the date of deposit, first class postage prepaid, in an official depositary of
the U.S. Postal Service.
ARTICLE 13 — INDEPENDENT CONTRACTOR
It is expressly acknowledged and understood by the parties hereto that nothing contained
in this Agreement shall result in, or be construed as establishing, an employment
relationship. Contractor shall be, and shall perform as, an independent contractor. No
technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be
deemed to be, the employee, agent or servant of County. Contractor shall be solely and
entirely responsible for its acts and for the acts of its technicians, agents, employees, and
servants during the performance of this agreement. Contractor_ shall not represent, act,
purport to act or be deemed the agent, representative, employee or servant of County.
// REMAINDER OF PAGE INTENTIONALLY LEFT BLANK //
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its County
Manager
By:
GRANT MURPHY Keith Montag
Notary Public
State of Colorado
CONTRALTO
By:
Title:
STATE OF E° ``' ° )
) ss.
COUNTY OF C0-3 )
The foregoing instrument was acknowledged before me by M I L- c co ,
this 2 day of A ? - 1 , 2012.
My commission expires: 9 ' /I /
Notary Public
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EXHIBIT
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March 20, 2012
LAWN AND YARD MAINTENANCE AGREEMENT
THIS AGREEMENT is made this 20` day of March, 2012, between Justice Center -
Eagle (hereinafter "Owner/Agent "), whose address is 0085 Chambers Avenue, Eagle and SHC
Nursery & Landscape Co., a Colorado corporation ( "SHC").
Contractor hereby agrees to provide lawn and yard maintenance as specified in this Agreement at
the site address shown above. Customer agrees to timely pay the charges specified herein.
.Ees No
❑ ❑ Lawn Mowing & trimming of turf grass S
® Spring dean up of exterior area —includes turf, shrub beds, power, raking and
edging. Does not include flower (perennial or annual) beds. S 1,260.00
rg) 0 Aeration — Spring & Fall $ 325.20
❑ 0 Power Rake — Spring S
El ❑ Fertilization/Chemical broadleaf weed control — three tunes per year. 5 1,820.00
❑ ❑ Fertilization — no broadleaf weed control — three tines per season $
❑ ❑ Tree fertilization (Deep Root Peeling) Spring & Fall - Please call for Estimate and
to specify which trees to be fertllized S
❑ ❑ Tree Spraying for Disease
❑ ❑ Tree Protection for mowing & trimming - $3.00 /tree protector S
❑ Irrigation Start up - S17.00 per zone - # of Zones - 28 5 476.00
0 ❑ Irrigation Repairs/trouble shooting/maintenance — Time & Material
® ❑ Irrigation Winterization - 515.00 per zone - # of zones - 28 $ 420.00
❑ ❑ Native Mowing S
❑ ❑ Fail leaf raking of exterior areas S
❑ ❑ Flowerbeds — includes spring, summer & fall maintenance. $
0 0 Flowerbed Planting of Annuals & Perennials $
CZ ❑ Shrub beds — includes spring, summer & fall maintenance. $ 3,990.00
•
❑ ❑ Flower pots and/or flower boxes. $
Total of Proposal - 2012 $ 8,291.20
Total of Proposal - 2013 $ 8,540.00
Total of Proposal - 2014 $ 8,796.00
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All material is guaranteed as specified. All work will be completed in a professional manner
according to industry standard procedures. Any alteration or deviation from the specification
involving extra costs will be executed only upon written authorization of the owner or manager,
and will become an extra charge over and above the stated monthly fee. All agreements are
contingent upon inclement weather, accidents or delays beyond Contractor's control. All of
Contractor's employees are covered by Worker's Compensation Insurance.
Customer represents and warrants that the person signing below is authorized to bind the
customer to this Agreement.
Customer agrees that Contractor shall not be responsible for the death or decline of plant
materials due to improper selection, placement, planting, or maintenance done before the time of
this Agreement; damage due to improper irrigation components existing at the time of this
Agreement; exposed cables, wires, or sprinkler components/lines normally found below the
lawn's surface; flooding, storm, wind, fire, or cold damages; disease or damage to lawns or
landscaped plants caused by excessive irrigation or lack of water due to inoperative irrigation
components not caused by contractor; damage caused by or to an item hidden in the landscape
and not clearly guarded or marked; or damage due to vandalism or caused by third parties.
Customer agrees to promptly notify Contractor, in writing, of any dissatisfaction with the
maintenance service to insure that maintenance is performed as agreed. Contractor guarantees
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that it will perform its services in a workmanlike manner. Should Customer's plantings be
damaged by any failure of Contractor to fill its obligations under this Agreement, Contractor shall
repair or replace such damaged plantings. Contractor shall not be liable for any damage due to
acts of God or nature. Customer's right to repair and replace are the exclusive remedies and
Contractor shall not be liable for damages, whether ordinary, incidental, or consequential, other
than expressly set forth herein.
This Agreement shall be governed by the laws of the State of Colorado and constitutes the entire
agreement between the parties regarding its subject matter.
Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not acceptex1 within 30
days of the date first stated above.
ACCEPTANCE OF CONTRACT:
M fek e, S¢r ■trc wy .3/2 %2
Mike Stevens Date Owner of Agent Date
•
President
Preferred method of contact:
Phone:
e-mail address:
Mail:
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