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Home My WebLink AboutC14-125 SHC Nursery & Landscaping Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SHC NURSERY&LANDSCAPING CO T S THIRD AMENDMENT ("Third Amendment")is effective as of the \ U day of 10474 , 2014 by and between SHC Nursery&Landscape Co a Colorado corporation (hereinafter"Contractor") and Eagle County, Colorado, a body corporate and politic(hereinafter "County"). RECITALS WHEREAS,County and Contractor entered into an agreement dated the 5th day of April, 2012, for certain Services (the"Original Agreement"). The scope of services identified in the Original Agreement has been performed by Contractor and paid for by County; and WHEREAS,the scope of the Original Agreement was amended by a First Amendment dated May 16, 2012 ("First Amendment"). The First Amendment included additional scope to repair erosion damage at the Eagle County Justice Center and those services shave been performed by Contractor and paid for by County; and WHEREAS,the scope of the Agreement was amended by a Second Amendment dated April 15, 2013 ("Second Amendment"). The Second Amendment extended the term of the Agreement and provided a scope of services for 2013 which services have been performed by Contractor and paid for by County; and WHEREAS,the County desires to have Contractor perform Services for additional compensation as set forth below; and WHEREAS, the term of the Second Amendment expires on the 15th day of April,2014, and the parties desire to extend the term for an additional year. THIRD 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 include the additional Services as described in Exhibits A3 and B3,which is attached hereto and incorporated herein by reference. 2. The compensation for the Services set forth in Exhibit A3 shall not exceed ten thousand eight hundred fifty eight dollars $10,858.00 and Exhibit B3 shall not exceed four thousand eight hundred eighty six dollars $4,886.00 or a total maximum compensation of fifteen thousand seven hundred forty four dollars $15,744.00. %41 Iii 3. The term of the Original Agreement is hereby extended to the 15th day of April, 2015. 4. Capitalized terms in this Third Amendment will have the same meaning as in the Original Agreement.To the extent that the terms and provisions of the Third Amendment conflict with,modify or supplement portions of the Original Agreement, the terms and provisions contained in this Third Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered,modified and changed in this Third 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 Third Amendment shall be binding on the parties hereto,their heirs,executors, successors,and assigns. IN WITNESS WHEREOF,the parties hereto have executed this Third Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: .� �/ .iL Keith P. Montag,County Man. er CONTRACT• d By: Print Name: k -6. SM. Title: 2 G:VMAINTENANCC15crvice AgreementsltsndscapimjJustice CentedThud Amendment 20141SHC Third Amendment ANA4doc • C nursery $ landscape co. February 25,2014 (JUSTICE CENTER LAWN AND YARD MAINTENANCE AGREEMENT TIIIS AGREEMENT is.nad.this 25th day of fd,.ua..y,2014,Let W c..Juz,ti Cymric" - Nursery&Landscapc Co.,a Colorado corporation("SI IC"). Yes No ❑ ❑ Lawn Mowing&trimming of turf grass $1922.00 ❑ ❑ Spring clean up of exterior area—includes turf,shrub beds,power raking,edging& cutback of decorative grass. $1440.00 ❑ El Aeration—Spring&Fall $330.00 ❑ ❑ Power Rake—Spring ❑ ❑ Fertilization/Chemical broadleaf weed control—three times per year.$900.00 ❑ Fertilization—no broadleaf weed control—three times per season ❑ ❑ Native Weed Control—twice per year $920.00 El ❑ Tree fertilization(Deep Root Feeding)Spring&Fall El El Tree Spraying for Disease ❑ ❑ Irrigation Start up-$17.00 per zone-#of Zones-28 $476.00 El El Irrigation Repairs/trouble shooting/maintenance—Time&Material ❑ ❑ Irrigation Winterization-$15.00 per zone-#of zones-28 $420.00 ❑ ❑ Native Mowing—6 mowings per year $460.00 El El Fall leaf raking of exterior areas $ 916B Chambers Ave W.PO Box 2049 Pir Eagle,CO 81631-2049 Office(970) 328-5484 PI fax(970)328-5485 EXHIBIT „ 3., C - ', '• . .',steerobws 6arre cw�e nursery $ landscape co. ❑ ❑ Flowerbeds-includes spring,summer&fall maintenance. ❑ ❑ Flowerbed Planting of Annuals&Perennials ❑ ❑ Shrub beds-includes spring,summer&fall maintenance. $3990.00 ❑ El Flower pots and/or flower boxes. Total of Proposal-2014 $10858.00 th- - - • ' -' __ - •- - ••- -- ••- - . .• _ . _ •. a st �1 st. Payments are due within 15 days of the billing date Accounts that become 30 days past due risk 40 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 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. _- :. ' •-- • -• - - -: : _ . ' ::•t :- 916B Chambers Ave Pv PO Box 2049 WI Eag(e,CO 81631-2049 Office(970) 328-5484 fax(970) 328-5485 C home caro nursery landscape ca. Thi3 Agreement Shall be governed by the law3 of the State of Colorado and constitute3 the entire days of the date first stated above, ACCEPTANCE OF CONTRACT: Ste-ve'i-s, 2/25/14 Mike Steven Date Owner of Agent Date President Preferred method of contact: Phonc: e mail address: Mail: 916B Chambers Ave PO Box 2049 Wv Eagle,CO 81631-2049 Office(970) 328-5484 PI fax(970) 328-5485 . stowne.�s home sago nursery di Landscape co. February 26,2014 (MILLER RANCH COMMUNITY CENTER LAWN AND YARD MAINTENANCE AGREEMENT t" - - , - - - „ •- 00 - -- Edwards and SHC Nursery&Landscapo Co.,a Colorado corporation("SHC"). Yes No ❑ ❑ Lawn Mowing&trimming of turf grass $1674.00 ❑ ❑ Spring clean up of exterior area-includes turf,shrub beds,power raking and edging. Does not include flower(perennial or annual)beds. $630.00 El El Aeration-Spring&Fall $190.00 ❑ ❑ Power Rake-Spring ❑ n Fertilization/Chemical broadleaf weed control-three times per year.$525.00 ❑ ❑ Fertilization-no broadleaf weed control-three times per season El fI Install tree protection or spray round-up at base of trees $75.00 ❑ ❑ Tree fertilization(Deep Root Feeding)Spring&Fall ❑ El Tree Spraying for Disease El ❑ Irrigation Start up $17.00 per zone-#of Zones- 11 $187.00 El ❑ Irrigation Repairs/trouble shooting/maintenance-Time&Material El El Irrigation Winterization-$15.00 per zone-#of zones- 11 $165.00 ❑ El Clean our&power wash stair wells-3-4 times per year $540.00 ❑ ❑ Fall leaf raking of exterior areas $360.00 916B Chambers Ave W PO Box 2049 Ply Eag(e,CO 81631-2049 Office(970) 328-5484.Pi fax(970) 328-5485 EXHIBIT C stc,.•�u* bo0ne IGa�,� nursery a landscape co. El El Flowerbeds-includes spring,summer&fall maintenance. ❑ El Flowerbed Planting of Annuals&Perennials El El Shrub beds-includes spring,summer&fall maintenance. $540.00 El ❑ Flower pots and/or flower boxes. Total of Proposal-2014 $4886.00 continuing through Soptomber 15`' - • . - ! _ • ,o 0 -agrec3 to pay the coat of collection,plu3 rca3onablc attorney fee3 incurred by SHC Plur3cry& • •£ 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 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. .- ;--- - --• . : - - :, : -- :, , 916B Chambers Ave WI PO Box 2049 Pr Eagle,CO 81631-2049 0{{ice(970) 328-5484 6x(970) 328-5485 x • stite��w 6o.�.a came nursery 8i lands scape co. This Agreement shall be governed by the law3 of the State of Colorado and con3titute3 the entire ACCEPTANCE OF CONTRACT: 2/201 Mike Stevens Date Owner of Agent Date President Preferred method of contact: Phone: o mail addre rn: Mail: 916B Chambers Ave PI PO Box 2049 PI Eagle, CO 81631-2049 Office(970)328-5484 Pv fax(970)328-5485