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Home My WebLink AboutC20-082 Mountain Top Ventures, Inc_Frist AmendmentFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN TOP VENTURES INC. DBA SHC NURSERY & LANDSCAPE CO. THIS FIRST AMENDMENT (“First Amendment”) is effective as of ___________________, by and between Mountain Top Ventures, Inc. d/b/a 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 19th day of March, 2019, for certain Services (the “Original Agreement”); and WHEREAS, the term of the Original Agreement expires on the 19th day of March, 2020 and the parties desire to extend the term of the Original Agreement for an additional year on the same terms and conditions as set forth in the Original Agreement. FIRST 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 modified Services as described in Exhibits A8.1 and B8.1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit A8.1and B8.1 shall not exceed forty nine thousand two hundred five and 50/100 dollars ($49,205.50). In the event Contractor and County agree upon the need for additional maintenance or repair services beyond the Services described in Exhibits B1.1 - B8.1, those services shall be billed at a rates described in Exhibit C.1 plus material costs. 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 sixty thousand dollars ($60,000.00) without a written amendment to this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 3. The Original Agreement shall be amended to extend the term to the 19th day of March, 2021. DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 3/3/2020 2 G:\Shared drives\ATT Department\Andy\Contract Final Drafts\Mountain Top Ventures\Facilities\2019\1st\Mountain Top Ventures, Inc.First Amendment.DRAFT.docx 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this First 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 First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First 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: ______________________________ Jeff Shroll, County Manager CONTRACTOR MOUNTAIN TOP VENTURES INC. DBA SHC NURSERY & LANDSCAPE CO. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 President Mike Stevens Native Mow Areas – Highlighted in yellow A8.1EXHIBITDocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 11, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 11th day of February, 2020, between Miller Ranch Community Center (hereinafter “Owner/Agent”), whose address is 0025 Mill Loft Street, Edwards 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 - weekly $1,822.00 Spring cleanup of exterior area –includes: $686.00 • All turf areas Aeration –2 applications $210.00 Fertilization/Chemical broadleaf weed control – 3 times/ year $353.00 Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree Protection - Trunk Guards $77.00 Irrigation Startup - 11 zones @ $18/zone ($65 minimum) $198.00 Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – 11 zones @ $16/zone ($65 minimum) $176.00 Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Power Wash Stairwells $588.00 B1.1EXHIBIT Miller Ranch Community Center DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing Fall leaf raking & cleanup of turf $392.00 Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: Shrub beds – spring cleanup, mo. maintenance & fall cut back $658.00 Flower pots and/or flower boxes. Total of Proposal - 2020 $5,160.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/11/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 11, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 11th day of February, 2020, between Eagle County Justice Center & Annex (hereinafter “Owner/Agent”), whose address is 0885 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 - weekly $2,092.00 Spring cleanup of exterior area –includes: $1,567.00 • All turf areas Aeration –2 applications $561.50 Fertilization/Chemical broadleaf weed control – 3 times/ year $250.00 Fertilization – no broadleaf weed control Native Weed Control 2 times / year $920.00 Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - 28 zones @ $18/zone ($65 minimum) $504.00 Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – 28 zones @ $16/zone ($65 minimum) $448.00 Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects B2.1EXHIBIT Justice Center and DA Annex DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing $2,384.00 Fall leaf raking & cleanup of turf $637.00 Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: Shrub beds – spring cleanup, bi-weekly maintenance & fall cut back $7,308.00 *Includes mulch & compost Flower pots and/or flower boxes. Total of Proposal - 2020 $16,671.50 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/11/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 7, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 7th day of February, 2020, between Gypsum Maintenance Service Center (hereinafter “Owner/Agent”), whose address is 3289 Cooley Mesa Rd., Gypsum 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 - weekly Spring cleanup of exterior area –includes: $490.00 • All turf areas Aeration –2 applications Fertilization/Chemical broadleaf weed control – 3 times/ year Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - 16 zones @ $18/zone ($65 minimum) $288.00 Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – 16 zones @ $16/zone ($65 minimum) $256.00 Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects B3.1EXHIBIT Gypsum Maintenance Service Center DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing $735.00 Fall leaf raking & cleanup of turf $735.00 Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: • Flowerbeds – spring cleanup, maintenance & fall cut back • Shrub beds – spring cleanup, maintenance & fall cut back Flower pots and/or flower boxes. Total of Proposal - 2020 $2,504.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/7/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 11, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 11th day of February, 2020, between Eagle County Building (hereinafter “Owner/Agent”), whose address is 500 Broadway, 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 - weekly Spring cleanup of exterior area –includes: $1,224.00 • All turf areas Aeration –2 applications $1,370.00 Fertilization/Chemical broadleaf weed control – 3 times/ year $3,150.00 Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - 40 zones @ $18/zone ($65 minimum) $720.00 Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – 40 zones @ $16/zone ($65 minimum) $640.00 Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects Eagle County Building B4.1EXHIBIT DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing Fall leaf raking & cleanup of turf $686.00 Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: Flowerbeds – spring cleanup, bi-weekly maintenance & fall cut back $9,124.00 Shrub beds – spring cleanup, bi-weekly maintenance & fall cut back $2,311.00 Flower pots and/or flower boxes. Total of Proposal - 2020 $19,225.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/11/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 7, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 7th day of February, 2020, between Eagle County Animal Shelter (hereinafter “Owner/Agent”), whose address is 1400 Fairgrounds Rd., 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 - weekly Spring cleanup of exterior area –includes: • All turf areas Aeration –2 applications Fertilization/Chemical broadleaf weed control – 3 times/ year Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - 4 zones @ $18/zone ($65 minimum) $72.00 Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – 4 zones @ $16/zone ($65 minimum) $65.00 Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects B5.1EXHIBIT Animal Shelter DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing Fall leaf raking & cleanup of turf Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: • Flowerbeds – spring cleanup, maintenance & fall cut back • Shrub beds – spring cleanup, maintenance & fall cut back Flower pots and/or flower boxes. Total of Proposal - 2020 $137.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/7/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 7, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 7th day of February, 2020, between Eagle County Fairgrounds - Exhibit Hall (hereinafter “Owner/Agent”), whose address is 426 Fairgrounds Rd., 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 - weekly Spring cleanup of exterior area –includes: • All turf areas Aeration –2 applications Fertilization/Chemical broadleaf weed control – 3 times/ year Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - 10 zones @ $18/zone ($65 minimum) $180.00 Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – 10 zones @ $16/zone ($65 minimum) $160.00 Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects B6.1EXHIBIT Exhibit Hall DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing Fall leaf raking & cleanup of turf Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: • Flowerbeds – spring cleanup, maintenance & fall cut back • Shrub beds – spring cleanup, maintenance & fall cut back Flower pots and/or flower boxes. Total of Proposal - 2020 $340.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/7/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 7, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 7th day of February, 2020, between Eagle County - 431 Broadway (hereinafter “Owner/Agent”), whose address is 431 Broadway, 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 - weekly Spring cleanup of exterior area –includes: $294.00 • All turf areas Aeration –2 applications $97.00 Fertilization/Chemical broadleaf weed control – 2 times/ year $225.00 Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - N/A zones @ $18/zone ($65 minimum) Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – N/A zones @ $16/zone ($65 minimum) Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects B7.1EXHIBIT 431 Broadway DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing Fall leaf raking & cleanup of turf $294.00 Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: • Flowerbeds – spring cleanup, maintenance & fall cut back • Shrub beds – spring cleanup, maintenance & fall cut back Flower pots and/or flower boxes. Total of Proposal - 2020 $910.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/7/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 February 11, 2020 2020 LAWN AND YARD MAINTENANCE PROPOSAL THIS AGREEMENT is made this 11th day of February, 2020, between Miller Ranch Road Islands & ROW (hereinafter “Owner/Agent”), whose address is Miller Ranch Road, Edwards 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 - weekly Spring cleanup of exterior area –includes: • All turf areas Aeration –2 applications Fertilization/Chemical broadleaf weed control – 3 times/ year Fertilization – no broadleaf weed control Native Weed Control 2 times / year Tree fertilization - Deep Root Feeding - 2 applications Tree & Shrub Spraying for Disease Irrigation Startup - zones @ $18/zone ($65 minimum) Irrigation Repairs/trouble shooting/maintenance – Time & Material Irrigation Winterization – zones @ $16/zone ($65 minimum) Water Feature Start-up/ Winterization Deer Fence Installation/Removal Christmas Light Installation/Removal Miscellaneous Projects B8.1EXHIBIT MILLER RANCH ROAD ISLANDS and ROW DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 Yes No Native Mowing (see attached maps of native mow locations) $1,763.00 Fall leaf raking & cleanup of turf Flowerbed Planting of Annuals & Perennials Ornamental bed maintenance - includes: • Roundabout Bed; West Island bed, East Island Bed $2,495.00 Flower pots and/or flower boxes. Total of Proposal - 2020 $4,258.00 The lawn and yard management season is May 10th to October 15th each year. The billing will be processed in 5 monthly equal installments on the first day of each month starting on May 1st and continuing through September1st. Payments are due within 15 days of the billing date. Accounts that become 30 days past due risk suspension of services and will be charged interest at the rate of 24% per annum, or 2% per month on the unpaid balance. Should collection procedures become necessary, the Customer agrees to pay the cost of collection, plus reasonable attorney fees incurred by SHC Nursery & Landscape. If services are suspended, they will not resume until the balance has been paid in full. 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 DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 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. Customer represents and warrants that the person signing below is authorized to bind the customer to this Agreement. Note: This proposal may be withdrawn by SHC Nursery & Landscape, if not accepted within 30 days of the date first stated above. ACCEPTANCE OF CONTRACT: Mike Stevens 2/11/2020 Mike Stevens Date Owner or Agent Date President Preferred method of contact: Phone: e-mail address: Mail: DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958 916B Chambers Ave PO Box 2049 Eagle, CO 81631-2049 Office (970) 328-5484 fax (970) 328-5485 2020 Summer Season Rates 1 Hour Minimum Charge on All Services Lawn Maintenance Care - Ornamental Flower-Supervisor $75/hour - Ornamental Flower-Bed Installation/Maintenance $48/hour - Spring Lawn Clean-up $48/hour - Power Raking (de-thatching) $65/hour - Aerating $65/hour - Mowing of native areas (mowers, trimmers) $48/hour Landscape Construction - All Construction - Supervisor $75/hour - All Construction - Laborer $48/hour Sprinkler Systems -Service Calls $65/hour-Technician $48/hour-Assistant - Start-up – ($65.00 minimum) $18.00 per zone - Winterize - ($65.00 minimum) $16.00 per zone Equipment Rates Excavator - mini $135.00 - includes operator Skidsteer (Bobcat) $ 95.00 - includes operator Loader $135.00 - includes operator Dingo $ 65.00 + operator Trencher $ 45.00 + operator Boom Truck $135.00 - includes operator General Information -2020 is our 33rd 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 -Ornamental Flower-Bed specialists on staff -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 If you would like our experienced, professional staff to meet your landscape needs, please give us a call for a free consultation. C.1EXHIBIT DocuSign Envelope ID: 1F2C082D-5D9C-4DB2-8355-FC56154F8958