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HomeMy WebLinkAboutC23-074 Daly Property Services_third amendmentTHIRD AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND DALY PROPERTY SERVICES, INC. THIS THIRD AMENDMENT (“Third Amendment”) is effective as of _______________ by and between Daly Property Services, Inc. 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 February, 2020, for certain Services (the “Original Agreement”); and WHEREAS, by a First Amendment dated March 8th, 2021 the term of the Original Agreement was extended to April 30th, 2022; and WHEREAS, by a Second Amendment dated March 3rd, 2022, the term of the Original Agreement was extended to April 30th, 2023; and WHEREAS, the term of the Original Agreement expires on the 30th day of April, 2023 and the parties desire to extend the term of the Original Agreement 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 extend the term to the 30th day of April, 2024. 2. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A3. 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. 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. DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 3/15/2023 2 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 CONTRACTOR DALY PROPERTY SERVICES, INC. By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 Office Administrator Sarah Bay February 17, 2023 Contract No. - 39 Eagle County Community Building MT - Spring Cleanup Lawns Clearing and hauling away leaves, branches, and other debris from lawns, beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. Initial mowing and re-edging or re-defining borders of lawn areas. Re-seeding damaged areas of the lawn provided can be provided upon request. Aeration and De-thatching services can also be combined with the timing of Spring Cleanup. Specific timing is dependent on weather conditions and property specific variables. Weed Control- Gardens Safe and effective control of weeds in annual and perennial gardens consisting of EPA registered synthetic herbicides. Timing, product, and application methods are determined based on specific needs of the property and desired results. Daly Property Services is licensed as a commercial applicator by the Colorado Department of Agriculture under license #17330. Aeration Aeration of turf areas by core cultivation method. Specific timing is dependent on weather conditions and property specific variables. MT - Weekly Mow & Trim Routine mowing and trimming turf areas, typically weekly or bi-weekly during most of the growing season. Turf is mowed to a height of 3” which prevents stress by providing more shade while decreasing soil temperatures and increasing soil moisture. Blades are sharpened and maintained properly for uniform cut to prevent fuzzing and scalping.Grass clippings are either removed or mulched from the lawn depending on the time of the season and best practices. Weekly or bi-weekly visits may be adjusted in the spring and fall depending on specific property needs. Grass clippings will be blown off all beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. All turf edges are trimmed with care, especially around trees and other structures to prevent damage. Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 1/4 A3 EXHIBIT DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 Contract No. - 39 Eagle County Community Building February 17, 2023 MT - Mow Native Mowing of native grass areas to promote new growth of native grass species and wildflowers and prevent growth of undesirable weed species. Occasional mowing of native areas can also prevent tree and shrub invasion and mitigate wildfire risk. MT - Turf Fertilization Application of liquid or slow-release granular fertilizer to turf areas at a rate of 1lb per 1000 sq ft of actual Nitrogen. Timing or frequency are determined based on specific needs of the property and desired results. PHC/IPM - Weed Control Safe and effective control of weeds on lawns and native areas, as well as concrete, asphalt, and gravel consisting of selective and non-selective EPA registered synthetic herbicides. Timing, product, and application methods are determined based on specific needs of the property and desired results. Daly Property Services is licensed as a commercial applicator by the Colorado Department of Agriculture under license #17330. MT - Fall Cleanup Lawns Final mowing of turf and cleanup of leaves and debris for the season to prepare the property winter. Areas covered include lawns, beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios Timing and frequency are dependent on weather conditions and leaf persistence. MT - Spring Cleanup Gardens Clearing and hauling away leaves, branches, and other debris from garden beds to prepare for the growing season. Timing is dependent on weather conditions and other property specific variables. MT - Garden Maintenance Routine maintenance of ornamental beds during most of the growing season including hand weeding, deadheading/tip pruning, raking, edging, and trimming of perennial plants and grasses depending on the time of season. Unless on our Organic Weed Control program, liquid or slow-release granular fertilizers are applied as needed based on specific needs of the property and desired results. Granular pre- emergents may also be used to prevent seed germination of undesirable weeds in flower and shrub beds. Timing of routine visits may be adjusted in the spring and fall depending on specific property needs. MT - Fall Cleanup Gardens Final cleanup of ornamental beds for the season to prepare the property winter. Perennial plants and grasses will be trimmed back and all leaves and debris will be removed. Timing and frequency are dependent on weather conditions and leaf persistence. Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 2/4 DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 Contract No. - 39 Eagle County Community Building February 17, 2023 IR - Irrigation Startup Spring startup of irrigations systems by re-connecting water supply, commissioning, and performing a point-by-point inspection of the system. Every zone on each system is tested for functionality and timed accordingly for the season and specific property needs. Any minor issues are addressed immediately if possible, depending on the specific situation. Larger issues like pump failures or line breaks for example, will be communicated immediately along with recommendations for repair or replacement. Repairs are not included and are billed additional on a time and material basis. Specific timing is dependent on weather conditions, water supply, and property specific variables. IR - Irrigation Check Routine inspection of the irrigation system the test functionality and ensure most efficient water use possible while still achieving desired results. Systems will be set to water in the nighttime hours as much as possible to reduce evaporation loss and will be adjusted to comply with any water restrictions when applicable. IR - Irrigation Winterization Fall winterization of irrigation systems consisting of shutting off water supply, blowing out systems with compressed air, powering down clocks, and turning valves partially open to prevent damage. Specific timing is dependent on weather conditions and property specific variables. CONTRACT SUMMARY SERVICES OCCURS PRICE EACH EXT PRICE SALES TAX TOTAL PRICE MT - Spring Cleanup Lawns 1 $700.00 $700.00 $0.00 $700.00 Weed Control- Gardens 1 $64.79 $64.79 $0.00 $64.79 Aeration 1 $400.00 $400.00 $0.00 $400.00 MT - Weekly Mow & Trim 19 $276.59 $5,255.21 $0.00 $5,255.21 MT - Mow Native 2 $775.00 $1,550.00 $0.00 $1,550.00 MT - Turf Fertilization 2 $290.00 $580.00 $0.00 $580.00 PHC/IPM - Weed Control 2 $450.00 $900.00 $0.00 $900.00 MT - Fall Cleanup Lawns 1 $1,100.00 $1,100.00 $0.00 $1,100.00 MT - Spring Cleanup Gardens 1 $930.00 $930.00 $0.00 $930.00 MT - Garden Maintenance 5 $375.00 $1,875.00 $0.00 $1,875.00 MT - Fall Cleanup Gardens 1 $750.00 $750.00 $0.00 $750.00 IR - Irrigation Startup 1 $425.00 $425.00 $0.00 $425.00 IR - Irrigation Check 5 $105.00 $525.00 $0.00 $525.00 IR - Irrigation Winterization 1 $500.00 $500.00 $0.00 $500.00 $15,555.00 $0.00 $15,555.00 Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 3/4 DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 Contract No. - 39 Eagle County Community Building February 17, 2023 PAYMENT SCHEDULE SCHEDULE PRICE SALES TAX TOTAL PRICE April $2,222.14 $0.00 $2,222.14 May $2,222.14 $0.00 $2,222.14 June $2,222.14 $0.00 $2,222.14 July $2,222.15 $0.00 $2,222.15 August $2,222.14 $0.00 $2,222.14 September $2,222.15 $0.00 $2,222.15 October $2,222.14 $0.00 $2,222.14 $15,555.00 $0.00 $15,555.00 By By Sarah Bay 2/17/2023Date Date Daly Property Services Eagle County Community Building Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 4/4 DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 February 17, 2023 Contract No. - 40 Eagle County Road and Bridge MT - Weekly Mow & Trim Routine mowing and trimming turf areas, typically weekly or bi-weekly during most of the growing season. Turf is mowed to a height of 3” which prevents stress by providing more shade while decreasing soil temperatures and increasing soil moisture. Blades are sharpened and maintained properly for uniform cut to prevent fuzzing and scalping.Grass clippings are either removed or mulched from the lawn depending on the time of the season and best practices. Weekly or bi-weekly visits may be adjusted in the spring and fall depending on specific property needs. Grass clippings will be blown off all beds, gravel, concrete, or asphalt surfaces including driveways, walkways, and patios. All turf edges are trimmed with care, especially around trees and other structures to prevent damage. IR - Irrigation Startup Spring startup of irrigations systems by re-connecting water supply, commissioning, and performing a point-by-point inspection of the system. Every zone on each system is tested for functionality and timed accordingly for the season and specific property needs. Any minor issues are addressed immediately if possible, depending on the specific situation. Larger issues like pump failures or line breaks for example, will be communicated immediately along with recommendations for repair or replacement. Repairs are not included and are billed additional on a time and material basis. Specific timing is dependent on weather conditions, water supply, and property specific variables. IR - Irrigation Winterization Fall winterization of irrigation systems consisting of shutting off water supply, blowing out systems with compressed air, powering down clocks, and turning valves partially open to prevent damage. Specific timing is dependent on weather conditions and property specific variables. CONTRACT SUMMARY SERVICES OCCURS PRICE EACH EXT PRICE SALES TAX TOTAL PRICE MT - Weekly Mow & Trim 5 $350.00 $1,750.00 $0.00 $1,750.00 IR - Irrigation Startup 1 $126.02 $126.02 $0.00 $126.02 Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 1/3 DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 Contract No. - 40 Eagle County Road and Bridge February 17, 2023 IR - Irrigation Winterization 1 $195.30 $195.30 $0.00 $195.30 $2,071.32 $0.00 $2,071.32 Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 2/3 DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20 Contract No. - 40 Eagle County Road and Bridge February 17, 2023 PAYMENT SCHEDULE SCHEDULE PRICE SALES TAX TOTAL PRICE April $295.90 $0.00 $295.90 May $295.90 $0.00 $295.90 June $295.90 $0.00 $295.90 July $295.90 $0.00 $295.90 August $295.91 $0.00 $295.91 September $295.90 $0.00 $295.90 October $295.91 $0.00 $295.91 $2,071.32 $0.00 $2,071.32 By By Sarah Bay 2/17/2023Date Date Daly Property Services Eagle County Road and Bridge Daly Property Services • 35 Park Ave Unit C • Basalt, CO 81621 Page 3/3 DocuSign Envelope ID: DC768323-64ED-4549-8777-7D2C60002E20