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HomeMy WebLinkAboutC16-160 SHC Nursery and Landscape CorL FIFTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY. COLORADO AND SHC NURSERY & LANDSCAPE CO. /v TH^I$ FIFTH AMENDMENT ("Fifth Amendment") is effective as of the ,i day of lV\41 ,2016 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 erosion damage at the Eagle County Justice Center and those services have 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 scope of the Agreement was amended by a Fourth Amendment dated March 13, 2015 ("Fourth Amendment"). The Fourth Amendment extended the term of the Agreement and provided a scope of services for 2015 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 Agreernent expires on the 15'h day of April, 20l6,and the parties desire to extend the term for an additional year. FIFTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual set forth below, the parties agree as follows: rights and obligations as Bv: '*" Eagti: **F BY: ffieco-6ffitec,{-t'st'0ners' rjftrce C16-160 l.The Original Agreement shall be amended to include additional Services as described in Exhibits ,A.5 and 85, which are attached hereto and incorporated herein by reference. The compensation for the additional Services set forth in Exhibit A5 shall not exceed eleven thousand eight hundred forty eight dollars ($11,848.00) and Exhibit 85 shall not exceed four thousand eight hundred eighty six dollars ($4,886.00) or a total maximum compensation of sixteen thousand seven hundred thirty four dollars ($161734.00). In the event Contractor and County agree upon the need for additional services beyond the services described in Exhibits ,{5 and B5, those services shall be billed at arate in accordance with Exhibits 45 and 85. Prior to commencement of any additional services, Contractor shall first provide County with a written estimate which shall include an estimate of the labor, materials without any mark up and any additional costs necessary to perform the services. Each estimate must be approved by County's Representative prior to commencement of the services by Contractor and all rates shall be in accordance with the rates set forth herein. Total compensation under this Agreement shall not exceed twenty five thousand dollars ($25,000.00) without a written amendment to this Agreement The term of the Original Agreement is hereby extended to the 15th day of April, 2017. Capitalizedterms in this Fifth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Fifth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Fifth Amendment shall govern and control the rights and obligations of the parties. Except as expressly altered, modified and changed in this Fifth Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. This Fifth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IREST OF PAGE INTENTIONALLY LEFT BLANKJ 2 G:\IVIAINTENANCE\SWiCe Agrffimentsvmdscaping\Ir{illo Rmch\2o16-5th Amend\SHC Fifth Amddment FINAL.docx 2. aJ. 4. 5. 6. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendrnent to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COLINTY MANAGER CONTRACTOR: SHC NURSERY & LANDSCAPE CO. By' t: PrintName: /l,{ )..1r+e { D Shsrrert) ritrr, ?ia€s i prrsF , .,,. J G:ilrlAlNTENANCElScryie Agrecoentrllsd$aping\Millff R0n.h\2016-5rh A4nd\SHC Fifih AmendnEtrr RN]\l.dsr { *H$land*ap*C.,. March 21.2016 JUSTICE CENTER ift Yes NoEN TI 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. Aeration-Spring&Fall Power Rake - Spring $1,440.00 $330.00EN EE EE EE Etl tt il EE EE ttE nn EE Fertilization/Chemical broadleaf weed control - 3 times per year. $900.00 Fertilization - no broadleaf weed control Native Weed Control 2 times / year $920.00 Tree fertilization - Deep Root Feeding - $12 /tree Tree & Shrub Spraying for Disease Irrigation Start up - $17.00 per zone- 28 zones $476.00 Irrigation Repairs/trouble shooting/maintenance - Time & Material Irrigation Winterization - $15.00 per zone - 28 zones Water Feature Start-upAilinterization $420.00 tl tl Deer Fence Installation/Removal tl tl Christmas Light Installation/Removal E n Miscellaneous Projects fl68 Chambers Ave @ PO Box 2049 @ F3gle, CO 81631-2049 office O7O 328-s484 @ hx Q7O 328-s48s "A5- km.mjnnd*ap(*c.,. Native Mowing Fall leaf raking & cleanup of turf Flowerbed Planting of Annuals & Perennials Flowerbed Maintenance (Annuals & perennial beds) Shrub beds - spring, summer & fall maintenance - Includes mulch & fertilizer for shrubs Flower pots and/or flower boxes. Total ofProposal - 2016 $11,848.00 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 agreernents 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 ofwater 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 notifu 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 Yes NoEE ttE EE Etl IE ttE $1,000.00 s450.00 $3,990.00 916 B Cha m bers Ave @ p g Box 2049 @ Fagle, CO 81631 -2049 office O7O 328-s484 @ hx O7O 328-s4\s repair or replace such damaged plantings. Contractor shall not be liable for any damage due to acts of God or nature. *€ncr# irs Customer rqrresents and warrants that the person signing below is authorized to bind the customer to this Agreement. ffi %68 Chambers Ave @ pg Box 2C,49 @ Eagle, CO 81631-2049 O(fice e7O 328-s484@ fax Q7Q 328-5485 Iandrca;rre GrD. 2016 Summer Season Rates Lawn Maintenance Care -Omamental Flower-Bed Design $60/hour -Omamental Flower-Bed InstallationAylaintenance $45lhour -Spring Lawn Clean-up $45lhour -Power Raking (dethatching) $60/hour-Aerating $60/hour -Mowing of native areas (mowers, trimmers) $45ltrour Landscape Construction -Tree and shrub planting, retaining walls, boulder walls brick paver and flagstone patios, new landscape installation and $60/hour-supervisor additions, drainage systems Sprinkler Systerns -Service Calls (One-hour minimum) - Start-up - Winterize Excavator - mini Skidsteer (Bobcat) Loader Dingo Trencher Boom Truck $45lhourlaborers $60/hour-Technician $45lhour-Assistant $17.00 per zone $15 per zone $125.00 - includes operator $ 85.00 - includes operator $125.00 - includes operator $ 55.00 * operator $ 35.00 * operator $125.00 - includes operator General Information -2016 is our twenty-eight year of business in the Vail Valley -SHC Landscape Co. is fully licensed and insured -Special orders on perennial and annual flowers to accommodate custom needs -Omamental Flower-Bed specialists on staff -Experienced irrigation designers with digital computer imaging available -Bark-mulch, peat moss, boulders, topsoil, and other landscape materials in stock -Service hours are from 7:00 AM to 5:30 PM Monday through Thursday -Office hours are from 8:00 AM to 5:00 PM Monday through Friday Ifyou would like our experienced, professional staffto meet your landscape needs, please give us a call for a free consultation. ?168 Chambers Ave @ PO Box 2049 @ hgle, CO 81631-2049 office (97 O 328-s484 @ hx Q7 0 328-s48s Yes No EE t-t U March 21"2016 ILLER RANCH COMMUNITY CENTER iF Lawn Mowing & trimming of turf grass $1,674.00 Spring cleanup of exterior area -includes turf & shrub beds. Does not include EN EE EE EE tt tl EE EN NE EE tf tl EE flower (perennial or annual) beds. Aeration-Spring&Fall Power Rake - Spring Irrigation Winterization - $15.00 per zone - 11 zones Spray roundup around bases oftrees Fertilization/Chemical broadleaf weed control - 3 times per year. $525.00 Fertilization - no broadleaf weed control Native Weed Control 2 times / vear Tree fertilization - Deep Root Feeding - $12 ltree Tree & Shrub Spraying for Disease Irrigation Start up - $17.00 per zone- 11 zones $187.00 Irrigation Repairs/trouble shooting/maintenance - Time & Material $630.00 $190.00 $r65.00 $75.00 E E Deer Fence Installation/Removal E E Christmas Light Installation/Removal E E Clean out & power wash stairwells - 3-4 times per year 916 B Cham bers Ave @ p g Box 2049 @ Fagle, CO 81631 -2049 o(fice O7O 328-s484@ hx Q7CD 328-s4*s "-b5," t Yes NoEtl EE EE NE EN Native Mowing Fall leaf raking & cleanup of turf Flowerbed Planting of Annuals & Perennials Flowerbed Maintenance (Annuals & perennial beds) Shrub beds - spring, summer & fall maintenance - Includes mulch & fertilizer for shrubs Flower pots and/or flower boxes. $360.00 $540.00 tlE Total ofProposal - 2016 $4,886.00 All material is guaranteed as specified. All work will be completed in a professional manner according to industry standard procedures. Any alteration or deviation from the specification involving extra costs will be executed only upon written authorization of the owner or manager, and will become an extra charge over and above the stated monthly fee. All agreernents are contingent upon inclement weather, accidents or delays beyond Contractor's control. All of Contractor's employees are covered by Worker's Compensation Insurance. Customer agrees that Contractor shall not be responsible for the death or decline of plant materials due to improper selection, placement, planting, or maintenance done before the time of this Agreernent; damage due to improper irrigation components existing at the time of this Agreement; exposed cables, wires, or sprinkler components/lines normally found below the lawn's surface; flooding, storm, wind, fire, or cold damages; disease or damage to lawns or landscaped plants caused by excessive irrigation or lack ofwater due to inoperative irrigation components not caused by contractor; damage caused by or to an item hidden in the landscape and not clearly guarded or marked; or damage due to vandalism or caused by third parties. Customer agrees to promptly notify Conhactor, in writing, of any dissatisfaction with the maintenance service to insure that maintenance is performed as agreed. Contractor guarantees that it will perform its services in a workmanlike manner. Should Customer's plantings be damaged by any failure of Contractor to fill its obligations under this Agreement, Contractor shall 9168 ChambersAve @ pgBox2O49@ Eaglr,CO 81631-2049 o(frcee7D 328-s484@ hx970 328-sM5 Glandrcapre Go. *aev$.r* l.*rr.G cs?G repair or replace such damaged plantings. Contractor shall not be liable for any damage due to acts of God or nature. @irr, ls Customer rqrresents and warrants that the person signing below is authorized to bind the customer to this Agreement. l{ote: Thi pre'pesal nray be withCrann bt SII€ }{usert- &' anCseape; if rret aeeepteC rrithirr 30 @ *reeident- ffi %68 Chanbers Ave @ p6 Box 2O4g @ E,glr, CO 81631-2049 o(ftce O7O 328-s484 @ fax (J7CD 328-s4as *ffig;,nnd*ap*Gro.*lcYs.r* lr*rrr* -:$n* 2016 Summer Season Rates Lawn Maintenance Care -Ornamental Flower-Bed Design $60/hour -Ornamental Flower-Bed Installation/Maintenance $45lhour -Spring Lawn Clean-up $45lhour -Power Raking (de-thatching) $60/hour-Aerating $60ftrour -Mowing of native areas (mowers, trimmers) $45lhour Landscape Construction -Tree and shrub planting, retaining walls, boulder walls brick paver and flagstone patios, new landscape installation and $60/hour-supervisor additions, drainage systems Sprinkler Systems -Service Calls (One-hour minimum) - Start-up - Winterize Excavator - mini Skidsteer (Bobcat) Loader Dingo Trencher Boom Truck $45ltrourlaborers $60/hour-Technician $4Slhour-Assistant $17.00 per zone $15 per zone $125.00 - includes operator $ 85.00 - includes operator $125.00 - includes operator $ 55.00 * operator $ 35.00 * operator $125.00 - includes operator General Information -2016 is our twenty-eight year of business in the Vail Valley -SHC Landscape Co. is fully licensed and insured -Special orders on perennial and annual flowers to accommodate custom needs -Omamental Flower-Bed specialists on staff -Experienced irrigation designers with digital computer imaging available -Bark-mulch, peat moss, boulders, topsoil, and other landscape materials in stock -Service hours are from 7:00 AM to 5:30 PM Monday through Thursday -Office hours are from 8:00 AM to 5:00 PM Monday through Friday Ifyou would like our experienced, professional staffto meet your landscape needs, please give us a call for a free consultation. 9f6B Chambers Ave @ PO Box2O49 @ Eagle, CO 81631-2049 offrce e7O 328-5484@ hx (J/7CD 328-s48s