HomeMy WebLinkAboutC15-102 SHC Nursery & Landscape Co Fourth Amendment I FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SHC NURSERY&LANDSCAPE CO THIS FOURTH AMENDMENT ("Fourth Amendment")is effective as of the ` day of March, 2015 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"); 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 I 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 scope of the Agreement was amended by a Third Amendment dated March 10, 2014 ("Third Amendment"). The Third.Amendment extended the term of the Agreement and provided a scope of services for 2014 which services have been performed by Contractor and paid for by County; and WHEREAS,the County desires to have Contractor perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 15th day of April, 2015, and the parties desire to extend the term for an additional year. FOURTH 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 additional Services as described in Exhibits A4 and B4, which is attached hereto and incorporated herein by reference. 2. The compensation for the Services set forth in Exhibit A4 shall not exceed eleven thousand three hundred eight dollars $11,308.00 and Exhibit B4 shall not exceed four thousand eight hundred eighty six dollars $4,886.00 or a total maximum compensation of sixteen thousand one hundred ninety four dollars$16,194.00. 3. The term of the Original Agreement is hereby extended to the 15th day of April, 2016. 4. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement.To the extent that the terms and provisions of the Fourth Amendment conflict with,modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered,modified and changed in this Fourth 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 Fourth Amendment shall be binding on the parties hereto,their heirs,executors, successors,and assigns. IN WITNESS WHEREOF,the parties hereto have executed this Fourth 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: / �j/> Brent M Fall,County Manager CONTRACTOR SHC NURSERY&LANDSCAPE CO. By: Print Name: kit« kgte,t, - -1-C, r.S Title: 'Pip(► n 2 G.MAINTENANCE\Senice AtireementsUandscnping\ustice Centera015-Fourth Amendment'SHC Fourth Amendment FRNALdocx • C au Noursery hinascappe co. February 26,2015 JUSTICE CENTER T1113 AGRLLMEI,IT is,uacic llua 2C/\lay of I�clnuauy,28"fS,LET v ciI Juaticc l\.11tcl Cl,., ("EIIC"). Yes No Li U Lawn Mowing&trimming of turf grass $1,922.00 ❑ ❑ Spring cleanup of exterior area-includes turf&shrub beds. Does not include flower(perennial or annual)beds. $1,440.00 ❑ ❑ Aeration-Spring&Fall $330.00 ❑ ❑ Power Rake-Spring ❑ ❑ Fertilization/Chemical broadleaf weed control-3 times per year. $900.00 ❑ ❑ Fertilization-no broadleaf weed control ❑ I_i Native Weed Control 2 times/year $920.00 ❑ El Tree fertilization-Deep Root Feeding -$12/tree ❑ ❑ Tree&Shrub Spraying for Disease ❑ ❑ Irrigation Start up-$17.00 per zone-28 zones $476.00 n ❑ Irrigation Repairs/trouble shooting/maintenance-Time&Material ❑ ❑ Irrigation Winterization-$15.00 per zone-28 zones $420.00 ❑ El Miscellaneous Projects ❑ ❑ Native Mowing $460.00 ❑ ❑ Fall leaf raking&cleanup of turf $450.00 916B Chambers Ave Oar PO Box 20491210 Eagle,CO 81631-2049 Office(970) 328-5484 faiv fax(970)328-5485 EXHIBIT :,-777*4:, _ I A Stein 1111.0.1.71.9,tarp nuessory Lanaltscape co. Yes No ❑ ❑ Flowerbed Planting of Annuals&Perennials ❑ ❑ Flowerbed Maintenance(Annuals&perennial beds) ❑ ❑ Shrub beds-spring,summer&fall maintenance once/month-includes mulch& fertilizer for shrubs $3,990.00 ❑ ❑ Flower pots and/or flower boxes. Total of Proposal-2015 $11,308.00 . .. ..-. .. .� . . �- . .• • . ..t, opt' " " - . 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 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 flao PO Box 2049 gtor Eagle,CO 81631-2049 Office(970)328-5484.MY fax(970)328-5485 • , Ill'(:111;r4,),. ...; stew n hone aWe uauase y la t ds ape to. t�..t....l,. shtai..mot L.Lail..ft,. du.„us.,., ..�4.34,14.4....t:al,.,tl.er Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. ACCEPTANCE or COPITIlACT: ;{ave.ms 66f16 +Ireaielcnt- Photon Mail: 916B Chambers Ave PO PO Box 2049 Eagle,CO 81631-2049 Office(970) 328-5484 OW fax(970)328-5485 C esessisesir cape to. February 27,2015 MILLER RANCH COMMUNITY CENTER TIII3 AGREEMENT 1,11,Q&th 271111.7 of Cd.. .1y,2015,bit W wu Di1(Il]�1.ff.7i11 R.u`[..Ih l..V[[i1LL{[ILLty l.t.LLtl.l (IIVI{..11lII i�l.l [lO Y}Ill.l/Asl.11t}'),I}llQ�aJd1c .rJ 0025 M111 Lv11 to ll At- �* 11 rt_ A �Ctnttraukx horcby agrees to..p.e,A IS KU o.ial yQ.11 n.QUth.Iauw Q�ti if d 11I tlntb A GUI IICm at Yes No ❑ ❑ Lawn Mowing&trimming of turf grass $1,674.00 ❑ ❑ Spring cleanup of exterior area-includes turf&shrub beds. Does not include flower(perennial or annual)beds. $630.00 ❑ ❑ Aeration-Spring&Fall $190.00 ❑ n Power Rake-Spring ❑ ❑ Fertilization/Chemical broadleaf weed control-3 times per year. $525.00 ❑ ❑ Fertilization-no broadleaf weed control (� ❑ Native Weed Control 2 times/year ❑ n Tree fertilization-Deep Root Feeding -$12/tree El El Tree&Shrub Spraying for Disease ❑ ❑ Irrigation Start up-$17.00 per zone-.11 zones $187.00 ❑ El Irrigation Repairs/trouble shooting/maintenance-Time&Material ❑ ❑ Irrigation Winterization-$15.00 per zone-11 zones $165.00 ❑ ❑ Install tree protectors or spray roundup around bases $75.00 ❑ El Clean out and power washing stairwells 3-4 times per year $540.00 ❑ n Fall leaf raking&cleanup of turf $360.00 916B Chambers Ave OW PO Box 2049 tago Eagle,CO 81631-2049 Office(970)328-5484 fax(970)328-5485 EXHIBIT Urrs4eI liandscaspie ca. Yes No ❑ ❑ Flowerbed Planting of Annuals&Perennials ❑ ❑ Flowerbed Maintenance(Annuals&perennial beds) ❑ ❑ Shrub beds-spring,summer&fall maintenance $540.00 ❑ El Flower pots and/or flower boxes. Total of Proposal-2015 $4,886.00 ---•-- _.... . .. ..._. . -- ... - .. ` St- .. sL . . ,eo. Ehould eolleetien 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 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 Pr PO Box2049 OW Eagle,CO 81631-2049 Office(970)328-5484 fax(970)328-5485 asiltommemoss ■ urs ery landscape co. TO AsI V{illiVli[01.411 gV YVilll.J{!J' tL. 1.VV TA.E1{.©LLLt1+V1 t�l�l[L�V[VA VV11Jtlt AW th, alyepwrient}Y tivE+An the rartiaCllagarriinrt U its evbixt matt.ar, Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. /A G.iG • c (� 115. 2/205 Mike Ete.c..s DLLs, 0..1.c. el Agc.t DLLPL President PLenc. Mail: 916B Chambers Ave OW PO Box 20490W Eagle,CO 81631-2049 Office(970)328-5484 fax(970)328-5485