HomeMy WebLinkAboutC13-095 SHC Nursery & Landscaping Co. Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND SHC NURSERY & LANDSCAPING CO AA THIS SECOND AMENDMENT ( "Second Amendment ") is made and entered into this (6 day of Ab , 2013, between Eagle County, (hereinafter referred to as "County ") and SHC Nursery & Landscape Co a Colorado corporation with its principal place of business at 855 Chambers Street, Eagle, Colorado 81631 (hereinafter referred to as "Contractor "). WHEREAS, County and Contractor entered into a one year Agreement dated April 05, 2012, (the "Original Agreement "); and WHEREAS, the scope of the Agreement was amended by a first amendment dated May 16, 2012 ( "First Amendment "); and WHEREAS, County and Contractor wish to further modify the scope and extend the term of the Agreement for one additional year. SECOND AMENDMENT NOW, THEREFORE, for good and valuable consideration, County and Contractor agree that the Original Agreement and First Amendment is modified as provided herein: 1. The scope of the work in the Original Agreement and the First Amendment is to be modified to include the following: (i) Contractor shall provide all labor, materials and equipment necessary to perform and complete the additional services set forth in Contractor's bid dated February 13, 2013, attached hereto as Exhibit "A -2" and incorporated herein by this reference at the Justice Center and Justice Center Annex Buildings in Eagle, Colorado. For the work to be provided under Exhibit "A -2 ", County shall pay to the Contractor ten thousand five hundred two dollars ($10,502.00); and (ii) Contractor shall provide all labor, materials and equipment necessary to perform and complete the additional services set forth in Contractor's bid dated March 20, 2013, attached hereto as Exhibit `B -2" and incorporated herein by this reference at the Miller Ranch Community Center in Edwards, Colorado. For the work to be provided under Exhibit `B -2 ", County shall pay to the Contractor four thousand eight hundred thirty two dollars ($4,832.00); (iii) The term of the Agreement shall be extended to November 15, 2013. 2. All other terms and provisions of the Original Agreement, and First Amendment not in conflict herewith shall remain in full force and effect during the modified term. 3. In the event of a conflict between any exhibit and the terms and provisions of the Original Agreement and any amendment thereto, the terms and conditions of the Original Agreement and Amendments shall control. PACIO 4. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By its County Manager By: IliC , County Man er 4A1440,045, T- SHC NURSERY . : ' - • / � ! % II/ By: Title:��5) Q s� r )44"-°— tNe II, 1 Fc arrsc. caw s, 6�xt�'at two February 13, 2013 LAWN AND MHNF is made this 13"` day of February,2913, - between= JustierC• - - " /Agent "), whose address is 008 -5-Chambers Avenue, Eagle and Sfle Co., a Colorado corporation ( " -SI IC"•}-- eprovide lawn and yard maintenance as specified in this Agreement -at- the siteaddress shawnabove. - Customer -agrees t©timelypaythe charges specified herein. Yes No ❑ ❑ Lawn Mowing & trimming of turf grass $1,566.00 ❑ ❑ Spring clean up of exterior area - includes turf, shrub beds, power raking and edging. Does not include flower (perennial or annual) beds. $1,440.00 ❑ ❑ Aeration - Spring & Fall $330.00 ❑ ❑ Power Rake - Spring ❑ ❑ Fertilization/Chemical broadleaf weed control - three times per year. $1,820.00 ❑ ❑ Fertilization - no broadleaf weed control - three times per season ❑ ❑ Tree fertilization (Deep Root Feeding) Spring & Fall - Please call for Estimate and to specify which trees to be fertilized ❑ ❑ Tree Spraying for Disease ❑ ❑ Tree Protection for mowing & trimming - $3.00/tree protector ❑ ❑ Irrigation Start up - $17.00 per zone - # of Zones - 28 $476.00 ❑ ❑ Irrigation Repairs/trouble shooting/maintenance - Time & Material ❑ ❑ Irrigation Winterization - $15.00 per zone - # of zones - 28 $420.00 ❑ ❑ Native Mowing $460.00 ❑ ❑ Fall leaf raking of exterior areas 1 EXHIBIT 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. Cu - - - ••'1. ; - ; - ;•.• ; • ; - - ;. - • - - • -* - - ; Cul di actor shalt mot-te--liable for damages,- whether ordinary; incidental,-oreonsequential- - then-expressly-set-forth-herein: This Agreemeut - agreement -- Netei Thisproposal - marbe - withdrawn-by-SHG-Nurserrec-Landseapejf-not-aceepted-withhr30--- darsof-theliate-firkstated-abovet ACeEPT-ANee-OF-C-49NTRAEW: Mikb-S1tr6v4.- --2 mikestevens -Date— --Owner-el-Agent— .- Date - President-- ---Preferred-methed-ef-eenteeti--- - Phone: - v-1na1t - adth,..s-5. - - • 3 SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY AND SHC NURSERY & LANDSCAPING CO / THIS SECOND AMENDMENT ( "Second Amendment ") is made and entered into this 1 6 d � ay of �ll' LtL. , 2013, between Eagle County, (hereinafter referred to as "County ") and SHC Nursery & Landscape Co a Colorado corporation with its principal place of business at 855 Chambers Street, Eagle, Colorado 81631 (hereinafter referred to as "Contractor "). WHEREAS, County and Contractor entered into a one year Agreement dated April 05, 2012, (the "Original Agreement "); and WHEREAS, the scope of the Agreement was amended by a first amendment dated May 16, 2012 ( "First Amendment "); and WHEREAS, County and Contractor wish to further modify the scope and extend the term of the Agreement for one additional year. SECOND AMENDMENT NOW, THEREFORE, for good and valuable consideration, County and Contractor agree that the Original Agreement and First Amendment is modified as provided herein: 1. The scope of the work in the Original Agreement and the First Amendment is to be modified to include the following: (i) Contractor shall provide all labor, materials and equipment necessary to perform and complete the additional services set forth in Contractor's bid dated February 13, 2013, attached hereto as Exhibit "A -2" and incorporated herein by this reference at the Justice Center and Justice Center Annex Buildings in Eagle, Colorado. For the work to be provided under Exhibit "A -2 ", County shall pay to the Contractor ten thousand five hundred two dollars ($10,502.00); and (ii) Contractor shall provide all labor, materials and equipment necessary to perform and complete the additional services set forth in Contractor's bid dated March 20, 2013, attached hereto as Exhibit `B -2" and incorporated herein by this reference at the Miller Ranch Community Center in Edwards, Colorado. For the work to be provided under Exhibit `B -2 ", County shall pay to the Contractor four thousand eight hundred thirty two dollars ($4,832.00); (iii) The term of the Agreement shall be extended to November 15, 2013. 2. All other terms and provisions of the Original Agreement, and First Amendment not in conflict herewith shall remain in full force and effect during the modified term. 3. In the event of a conflict between any exhibit and the terms and provisions of the Original Agreement and any amendment thereto, the terms and conditions of the Original Agreement and Amendments shall control. 4. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By its County Manager By: fliC— , County Man er 0414(a 045, iVe(.61 SHC NURSERY . ` ' _ • / � �sp - By: � s � OS'S) Title: Q w c ?P..�,.,c a +•s - t'ara ?s*yC C(I February 13, 2013 `1 C`T LAWN AND YARD MAINTENANCE AGREEMENT THIS AGREEMENT is made this 13 day of February, 2413,- 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. Yes No ❑ ❑ Lawn Mowing & trimming of turf grass $1,566.00 ❑ ❑ Spring clean up of exterior area — includes turf, shrub beds, power raking and edging. Does not include flower (perennial or annual) beds. $1,440.00 ❑ ❑ Aeration — Spring & Fall $330.00 ❑ ❑ Power Rake — Spring ❑ ❑ Fertilization/Chemical broadleaf weed control — three times per year. $1,820.00 ❑ ❑ Fertilization — no broadleaf weed control — three times per season ❑ ❑ Tree fertilization (Deep Root Feeding) Spring & Fall - Please call for Estimate and to specify which trees to be fertilized ❑ ❑ Tree Spraying for Disease ❑ ❑ Tree Protection for mowing & trimming - $3.00/tree protector ❑ Irrigation Start up - $17.00 per zone - # of Zones - 28 $476.00 ❑ ❑ Irrigation Repairs/trouble shooting/maintenance — Time & Material ❑ ❑ Irrigation Winterization - $15.00 per zone - # of zones - 28 $420.00 ❑ ❑ Native Mowing $460.00 ❑ ❑ Fall leaf raking of exterior areas 1 EXHIBIT tiA-z" ❑ ❑ Flowerbeds — includes spring, summer & fall maintenance. ❑ ❑ Flowerbed Planting of Annuals & Perennials ❑ ❑ Shrub beds — includes spring, summer & fall maintenance. $3,990.00 ❑ ❑ Flower pots and/or flower boxes. Total of Proposal - 2013 $10,502.00 Totaf-efProposa } - 14 $19,817.80 °$1},142:90 We There -is ht3ro _ _ '-. - ill - into pricing schedule. Please cheek all - The d-yard-man u ing will �e-� processed -in. -5 - monthly- equal - installer -en• the- first-daay -ef 1- d continuing-through-September Payments- are due within 15 days of the billing date. Accounts that become- 30days past -due risk - . : : 24% per annum, or 2% per - month -arrthe- unpaid- balanee.: Should- eolleetiofprocedures become necessary, the Customer- agrees spay - the-eostof eolleetiorr plus reasonable-attorney fees- ineurred byS1 a Nursery 8t— t andseape C-e , -- they will -net resume until the aianee-ha&been- paid- in-- -- 4u11- 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 • 2 ) It osomeraer.O 11 11 F- � March 20, 2013 LAWN AND YARD MAINTENANCE AGREEMENT THIS AGREEMENT is made thisday of March, 2013, between Miller Randr— Community Center ( hereinafter "Owner /Agent "), whose address is , Edwards and SHC Nurscry- - °° & Landscape Co., a Colorado corporation-{` —`S149 — 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 -spesi € ted- #herein: -- Yes No ❑ ❑ Lawn Mowing & trimming of turf grass $1,620.00 ❑ ❑ Spring clean up of exterior area — includes turf, shrub beds, power raking and edging. Does not include flower (perennial or annual) beds. $630.00 ❑ ❑ Aeration — Spring & Fall $190.00 ❑ ❑ Power Rake — Spring ❑ ❑ Fertilization/Chemical broadleaf weed control -- three times per year. $525.00 ❑ E3 Fertilization — no broadleaf weed control — three times per season ❑ ❑ Tree fertilization (Deep Root Feeding) Spring & Fall - Please call for Estimate and to specify which trees to be fertilized ❑ ❑ Tree Spraying for Disease ❑ ❑ Tree Protection for mowing & trimming - $3.00 /tree protector $75.00 ❑ ❑ Irrigation Start up - $17.00 per zone - # of Zones -11 $187.00 ❑ ❑ Irrigation Repairs/trouble shooting/maintenance — Time & Material ❑ ❑ Irrigation Winterization - $15.00 per zone - # of zones -11 $165.00 ❑ ❑ Power Wash & Cleaning of stairwells — est. 3 -4 times $540.00 ❑ ❑ Fall leaf raking of exterior areas ' $360.00 PO Box 2049, 916B Chambers Ave., Eagle, CO 81631 (970) 328 -5484, FAX - (970) 328 -5485, e-mail: info @shclandscape.com EXHIBIT 5 -2 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' - ; - ; - ; - - - i---• - - - Contractor shalt-not fordamages-, whether ordinarrincidental,-or-eonsequentiat, other- thamexpressIrset-ferth-herein: This Agreement-shall-beteverneel-by-theArws-ef-the-State-ef-Colorade-ttneettstittifes-the-enire- - agreernentletween-the-parties-regarding-its-subjeet-matter. - --Netei--Tbis-prepesal-may-be-withdrawtt-by-SHC-Nttrsery-&--LandscapeTif not - - ACeEFFANC-E-OF-C-ONTRA-OF: Mik6-SitArett23%.------2 Mike-Stevens -Date —Qw.nerefAgent---- - Date - • President Fireterred-ffieflieti-ef-eenteet:-- - Phone: dtddrcz,b. - - - - - • 3 • ❑ ❑ Flowerbeds — includes spring, summer & fall maintenance. ❑ ❑ Flowerbed Planting of Annuals & Perennials ❑ ❑ Shrub beds — includes spring, summer & fall maintenance. $540.00 ❑ ❑ Flower pots and/or flower boxes. Total of Proposal - 2013 $4,832.00 .,f ft o 2015 $5,126.00 We- have- prevvided-a- tbree- yearplanfaryoureonsideration ° There is a slight 3rlfr increase-balt— -- 'yard management season is May 1" to October 15 each year. The billing will be-- - processed in 5 mom installments on the first day of each month starting on May 1 and- -- continuing through-September 1 __ Paymentt - .- due - within -IS days of the -- billing date: Accounts that become 30 days past due risit suspension -of serviees-and will be- eharged -interest atthe rate of 24% peranman, or 2°i6 per--- - - month on the unpaid balance —Should dcollec- tion - procedures - -nesessary Qtsterner - - agrees to pay the cost -o €collection, plus reasonable attorney fees incurred by SHC Nursery &---- L ape Co. If services are suspended, they will not resume -until the balance- has -been paid in —fall. 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 maintenancb is performed as agreed. Contractor guarantees • PO Box 2049, 916B Chambers Ave., Eagle, CO 81631 _ - - — Page 2 (970) 328 -5484, FAX - (970) 328 -5485, e-mail: info @shclandscape.com 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. ' • . ' - - _ . • _ .. - ...: the- exclusive remedies-and- — --Comma-or .shall-eet-be-tiable-for-darnages unary, incidental, or consequential other - This Agreement shall be governed by the-laws of the state of Colorado and .. • - • _ _ • .... • r - mattes,... Note: This proposal may-be-withdrawn by SHC Nursery & Landscape, if not accepted within 38 - days ofthe late st stated above,— ACCE T NCE°OF- CONTRACT _... _, Mike Stevens Date Owner of Agent Date -gres Preferred method of contact:— phone: - -e-mail address: -Mail: PO Box 2049, 9166 Chambers Ave., Eagle, CO 81631 Page 3 (970) 328 -5484, FAX - (970) 328 -5485, e-mail: info @shclandscape.com ,... - - - 7, - , • ... e'''''' '", c''' : .. 1 ...„,.., trin iusomme•-......."---. . , , • , _ . . _ , . , . - : ... . .. .... . , o, — •. .,,, , , ,, , " t . r , r 1 I • i .. lY i • • , , 1 ' 0 7... i - ' ' . s i - ' ' - . - 7 ill 4 t I , . , , t . 'Itit t . ..65::. s „,,... * , 1 , , ,......,„„ r -1 „,. • ' - • i i : .._ . - .,.. ,,,,,,,i.... .., i 11I I 4 . . , . .- .,,...A ' , .•;•” '''' ' I ' ,.., i ... cc.. , - 4. .r - i II 1 1 a. • .. .'' --, ' 1 .,.. ) --. . , ...; r` . illir ' . •- . • „.10 , f E 11 t • I i 4,.. .. ' • I i i . • , * 1 4 sin , • i ..1 • 4 • . ' 1 A . I I , 1 . 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