HomeMy WebLinkAboutC22-405 Premier Landscapes_third amendment THIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND PREMIER LANDSCAPES, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of ________________, by and between Premier Landscapes, Inc. a Colorado corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS , County and Consultant entered into an agreement dated 11th day of November, 2019 (C19-371), for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated 4th day of December, 2020 (C20-430), the parties extended the term of the Original Agreement through the 31st day of December, 2021; and WHEREAS, by a Second Amendment dated 3rd day of December, 2021 (C21-416), the parties extended the term of the Original Agreement through the 31st day of December, 2022; and WHEREAS , the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $5,000; and WHEREAS, the County desires to have Consultant perform the same Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2022, 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 additional Services as described in Exhibit 1 , which is attached hereto and incorporated herein by reference. 2. The Original Agreement shall be amended to extend the term to the 31st day of December, 2023. 3. 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. DocuSign Envelope ID: 0CCBA828-A6A0-45F3-8CC9-4B0A58262913 12/20/2022 4. 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. 5. 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: ______________________________ Jeff Shroll, County Manager CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ 2 DocuSign Envelope ID: 0CCBA828-A6A0-45F3-8CC9-4B0A58262913 Lance Halde President/Owner PREMIER LANDSCAPES, INC. ECO Transit and Trail PO Box 997 Minturn, CO 81645 (970)331-5239 Cell (970)855-0649 Fax premier.landscape e, yahoo.com Snow Removal Proposal November 15, 2022 to April 15, 2023 Premier Landscapes, Inc. hereby agrees to provide Sunday snowplow services starting November 15, 2022 and ending April 15, 2023. By signing this agreement, County agrees to contract with Premier Landscapes, Inc. throughout the agreed tem1 for $1,265.00 a month. Premier Landscapes agrees to provide snowplow services on an on-call basis for $950.00 per time. This includes Eagle Park & Ride, all bus stops on Hwy 6 from Lake Creek Village Apartments to the U.S. Forest Service building in Minturn and ECO trails from Edwards to Kayak Crossings. County understands that plowing, shoveling and salting of a particular location may not clear the area to bare pavement, and refreezing may occur resulting in slippery conditions. County understands Premier Landscapes, Inc. assumes no liability that may arise as a result of this naturally occurring condition. Owner/manager agrees to provide space for all plowed snow. In case that snow builds up, Premier Landscapes, Inc. will clear areas. Rates to clear build up are as follows: front end loader work $185.00 per hour, hauling at $115.00 per hour, skid loader at $125.00 per hour, skid loader with blower $175.00 per hour. Unless caused by a negligent or willful act Premier Landscapes, Inc. will not be held liable for damage to surrounding areas including curbs, driveway surfaces, and landscape. To avoid such disturbances we ask that we are able to mark such areas. Markers will be invoiced at $4.50 each. Additional services: snow removal from roofs, ice chopping, shoveling of decks, and spreading of ice melt or cinders. Premier Landscapes, Inc. is looking forward to working for you during the 2022/2023 season. If you have any questions, please do not hesitate to call (970) 331-5239. Authorized Signature Date EXHIBIT 1DocuSign Envelope ID: 0CCBA828-A6A0-45F3-8CC9-4B0A58262913