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HomeMy WebLinkAboutC02-111 Olson Property MaintenanceCoz-1t i- 47 AGREEMENT THIS CONTRACT is entered into the P7+& day of H /I , 2002, by and between the County of Eagle, State of Colorado, by and through itsBoard of County Commissioners (hereinafter referred to as the "County"); and Olson Property Maintenance (hereinafter referred to as "Contractor'. The County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I. SCOPE OF WORK Contractor shall complete all Work as specified herein, generally described as follows: Lawn Mowing & Trimming Eagle County Facilities during calendar year 2002, more specifically set forth on the "Description of Work" attached hereto marked as Exhibit "A" and incorporated herein by this reference. Contractor shall provide for, at his sole cost, all needs related to performance of said Work, including but not limited to equipment, labor, fuel, vehicle maintenance and repair, and required insurance. The contractor hereby represents that he (she) has sufficient staff and equipment to accomplish the scope of services. No services shall be performed until the County has received a Certificate of Insurance as required herein. Contractor acknowledges the importance to the County of immediately repairing damage to facilities and equipment, including to irrigation equipment. Contractor will immediately report to County the occurrence of damage to any facilities and equipment occurring during the course of or discovered during the course of performing the Work. County will undertake the repair of damage to its facilities and equipment, without thereby waiving any claim against Contractor for damages willfully or negligently caused by Contractor. This Agreement is for calendar year 2002, but it shall automatically renew for an additional year, up to a total of four rental years (through 2006), subject to approval of annual proposal for services, unless either party gives written notice to the other, not later than December 31 st of the expiring period, of its intent not to renew for the next year. County may terminate this Agreement immediately upon Contractor's failure to perform any of its obligations stated herein. ARTICLE II. COMPLETION OF WORK AND MANNER OF PAYMENT A. Inspection by the County representative shall be made promptly upon notification by Contractor that the mowing for a particular week is complete, or after County's receipt of Contractor's invoice. If during the course of the inspection, the County representative notes any deficiencies or defects in the Work, he shall provide the Contractor with a list of such defects or deficiencies and Contractor shall correct all defects or deficiencies within forty eight (48) hours. No payment shall be made until the defects or deficiencies are corrected and have been re -inspected and approved by the County's representative. GAMAINTkLawn Maint Contract.wpd B. The County agrees to make a payment, through the County's regular bill -paying procedure, upon receipt of the Contractor's itemized invoice for Work completed, provided that Contractor will not invoice more often than monthly. An itemized invoice shall identify the date(s) of the mowing. C. No Work shall be done which changes the amount owed to Contractor by the County unless authorized in writing by an amendment to this agreement, signed by the Chairman of the Board of County Commissioners. ARTICLE III. COUNTY'S REPRESENTATIVE The Eagle County Facilities Management Department Manager or his designee, or in their absence, the Eagle County Administrator, is designated as the County's representative for purposes required in the Agreement Documents. ARTICLE IV. AGREEMENT PRICE The County shall pay the Contractor for performance of the Work, by Eagle County Warrant, the sum of $ 600.00 per mowing of the five (5) locations (please refer to Exhibit A). Notwithstanding the foregoing, total payments under this Agreement for any renewal period shall not exceed the sum of $15,000. The parties recognize that County is a governmental entity and that all financial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. The rates of compensation provided hereunder shall not change during a renewal period unless approved in writing by County and Contractor before the commencement of the renewal term. ARTICLE V. CONTRACTOR'S REPRESENTATIONS In consideration of the provisions hereof, Contractor makes the following representations. A. Contractor has familiarized himself with the nature and extent of the Agreement, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. B. Contractor has made or caused to be made examinations, investigations and tests as Contractor deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of this Agreement, including but not limited to conducting an on -site inspection of the Work and studying the existing conditions at the Work sites or otherwise affecting the cost. C. Contractor shall designate one day per week to perform the services and shall thereafter, to the best of his (her) ability, provide the services on that day through the period of the agreement. GAMAINnLawn Maint Contract.wpd 2 ARTICLE VI. INSURANCE The Contractor shall purchase and maintain during the term of this Agreement insurance in the following types and coverage protecting him from claims which may arise out of or result from the Contractor's operations under this Agreement, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: A. Workmen's Compensation, including coverage for disability, as required by Colorado law, for all persons performing services under this Agreement. B. General Liability Coverage in the minimum amount of $600,000 (combined personal injury/property damage limit) for coverage of claims for damages arising from the performance of services under this Agreement, including but not limited to personal injury or death, property damage, and other damages imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them. Certificates of Insurance: Certificates of Insurance acceptable to the County Attorney shall be filed with the County Attorney's Office prior to commencement of the Work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least fifteen days prior written notice has been given the County. Contractor shall not permit any of his employees or subcontractors to start work until all required insurance have been obtained and the certificates with the proper endorsements have been approved by the County. ARTICLE VII. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement. C. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either Eagle County or its officers, employees or agents because of any breach hereof or because, of any terms, covenants, agreements or conditions contained herein. D. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an GAMAINMawn Maint Contract.wpd `4 - independent Contractor who agrees to use his or her best efforts to provide the said service on behalf of the County. No agent, employee, servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the County. County is . interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by County to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the County to the employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agent, employees, servants and subcontractors during the performance of this contract. Contractor shall indemnify the County against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contractor's employees engaged in the performance of the service agreed to herein. E. Indemnification. Contractor agrees to indemnify and hold harmless the County, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other kind of injury, loss or damage whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss or damage is caused, or is claimed to be caused, in whole or in part by the act, omission, error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or which arises out of any worker's compensation claim of any employee of the Contractor or subcontractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at the sole expense of the Contractor, or, at the option of the County, agrees to pay the County or reimburse the County for the defense costs incurred by the County in connection with any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss or damage was caused in whole or in part by the act, omission, or fault of the County, its officers, or its employees, the County shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the County, its officers, or its employees. F. Contractor shall comply with all federal, state and local laws, ordinances, rules and regulations applicable to the performance of the Work. [next page is signature page] G:IMAINMawn Maint Contract.wpd 4 IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: z By: JPoo By: Clerk of the 60ard of Co Commissioners CONTRACTOR: Bye% Name: &Scr\ PRo,p a('1 Address for giving notices: STATE OF COLORADO ) } ss: COUNTY OF EAGLE } 0 this.A/ 0-day of 2002, came before me, a notary public, �known to me to be the 61&1r lit, of ivao7 who acknowledged to me that he executed the foregoing document, that he executed it in that capacity and that the same was the act of the corporation WotaiyYublic L �z,4nlnl � Lei /itl,�i�! Print Name My commission expires: GAMAINTUMawn Maint Contractwpd i 1 02 07: 29a 01 son 37ng240230 to . 2 141� April 11, 2002 Mr. John Hildreth Eagle County PO Box 850 Eagle, CO 81631 Dear John, Thank you for letting us submirtlawn maintenance bids for the 2002 season for county facilities that you manage. We appreciate the opportunity and hope to earn your business! The following bid is for five of your properties: Eagle County Building Justice Center Eagle County Fairgrounds Golden Eagle Senior Center Eagle County Maintenance Service Facility These five locations all together would total $600 per weekly mowing and string rriiruning. Per your request, additional string trimming of dryscape areas, such as those at the County Maintenance Service Facility, would be billed at $25/hour/man with a two -elan crew. Again, thank you for your interest in Olson Property Maintenance. We provide top quality lawn work and would like to have your business for this upcoming season. I will contact you to follow up on this bid but if you have any questions regarding it, please call any time at (970) 524-0230. Daren & Tammv Olson PO Box 3398 Ealjfe, CO si s3l (970) 524-0230 Apr, 12 02 06: 30a Olson `M ._._ 9705240230 r' 2 April 12, 2002 Mr. John Hi ldreth Eagle County PO Box 850 Cable, CO 81631 DearJohn, Olson Property Maintenance is committed to providing the very best quality in lawn Care service and in doing so in a timely manner. We will set a schedule to maintain your locations on a particular day and time, and stay with that for the season. In regards to the crew we vvill have on the County properties, it will consist of 34 people. Our equipment is all commercial -grade and in excellent condition. The age of our equipment runs from 3 years old to new 2002 models. It consists of a 60" ride -on mower, a 52" ride -on mower, a 48" ride -on mower, two 36" walk -behind mowers, three 21 " watk- behind mowers and 4 string trimmers. We will determine what equipment combination will most efficiently handle your facilities and use that combination. Again, thank you for your interest in Olson Property Maintenance. We will contact you to follow up on this bid but if you have any questions regarding it, please call any time at (970) 524-0230. Daren & Tammy Olson OLSON P110PERTY MAINTENANCE PG Don 3398 1E3tj1e, CO 61031 (970) 524-0230 Rpr 1 1 02 01 : 9111a 01 sUr•l _97n52402a0 �� , �r� PO Box 3398 Engl&, CO 81631 (9 0) 524-0230 Ref ercnces: Eagle Amoco Ed Oyler Eagle, CO (970) 328-1611 t T� LDS Church, Gypsum c4ion �'_ c , r�.� :..l:x v:��. a n._�. ' ' 'J Lou Schneider Grand Junction, CO . , ... ; w, ` `" jP \4 -e WV (970) 434-8733 , k -e •,..ray F,agle Counfiy; School District '••f r ' e ?" /Carol Pruitt E1 �1e CO.' e!, f' �•► \./�•� (9- )'-1'2x-6321 + �+ �,,1 V '� F C^ rJ 1 t i ti : •� �s � .: • �,f< } C , Extension 8 Thompson Realty r , f tile. f, y Marilce Thompson Grand Junction, CO (970) 241 0331 (I have done wont for Eagle County in the past, under the name of Beehive Tree Service.) DISTRIBUTION Originals to: 1. Contract Book w aC Cop_:es eo: I. Accounting