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Home My WebLink AboutGE14-006 Tarrant Enterprises, Inc. • AGREEMENT FOR SERVICES BETWEEN GOLDEN EAGLE ELDERLY HOUSING CORPORATION AND TARRANT ENTERPRISES,INC d/b/a BRUSH CREEK LANDSCAPING AND TREE SERVICE THIS AGREEMENT("Agreement")is effective as of the day of AC l„i.,f$14 by and between Tarrant Enterprises,Inc.,a Colorado corporation d/b/a Brush Creek Landsca.ing and Tree Service(hereinafter "Contractor")and Golden Eagle Elderly Housing Corporation,a Colorado non-profit corporation(hereinafter "Golden Eagle"). RECITALS WHEREAS,Golden Eagle has the need for a large Cottonwood tree to be removed and the stump grinded in conjunction with a sidewalk repair project to ensure the new sidewalk is safe and does not get uplifted again(the "Project")at the Golden Eagle Elderly Housing property located at 700 Broadway St.,Eagle,Colorado 81631 (the "Property");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof,and WHEREAS,this Agreement shall govern the relationship between Contractor and Golden Eagle in connection with the Services. AGREEMENT • NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and Golden Eagle agree as follows: I. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services or work described in Exhibit A("Services"or"Work')which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than November 21,2014 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in gxhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. • 2. Golden Eagle's Representative. The Maintenance Supervisor,William Wright,the Housing Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. • • 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 1I hereof,shall continue in full force and effect through the 21st day of November, 2014. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties.Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by Golden Eagle for such additional services in accordance with Golden Eagle's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that Golden Eagle has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder.In the event that written authorization and acknowledgment by Golden Eagle for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. Golden Eagle shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed$1,100.00. 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 Golden Eagle. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as Golden Eagle may request. b. If,at any time during the term or after termination or expiration of this Agreement,Golden Eagle reasonably determines that any payment made by Golden Eagle to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from Golden Eagle,Contractor shall forthwith return such payment(s) to Golden Eagle. Upon termination or expiration of this Agreement,unexpended funds advanced by Golden Eagle, if any,shall forthwith be returned to Golden Eagle. c. Golden Eagle will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that Golden Eagle has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without Golden Eagle's prior written consent,which may be withheld in Golden Eagle's sole discretion. Golden Eagle shall have the right in its reasonable discretion to approve.all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom Golden Eagle has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by Golden Eagle and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward Golden Eagle.Golden Eagle shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 2 Golden Eagle General Services Final 5114 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. 1. Workers'Compensation insurance as required by law. ii. Atito coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Golden Eagle,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as l*xhibit B. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to Golden Eagle separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof • iv. The parties hereto understand and agree that Golden Eagle is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to Golden Eagle,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers'compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless Golden Eagle,and any of its officers, agents and employees against any losses,claims,damages or liabilities for which Golden Eagle may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;and Contractor shall reimburse Golden Eagle for reasonable attorney fees and costs,legal and other expenses incurred by Golden Eagle in connection with investigating or defending any such loss,claim,damage,liability or action. This indemnification shall not apply to claims by third parties against Golden Eagle to the extent that Golden Eagle is 3 Golden Eagle General Services Final 5/14 • liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of Golden Eagle and are to be delivered to Golden Eagle before final payment is made to Contractor or upon earlier termination of this Agreement. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. GOLDEN EAGLE: • Attention:Jill Klosterman 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8773 • Facsimile:970.328-8787 E-mail:jilLklosterman®u eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 - E-mail:atty@eaglecounty.us CONTRACTOR Brush Creek Landscaping Attn:Steven Tarrant 210 Marmot Lane PO Box 5101 Eagle,CO 81631-5101 • Telephone:970-446-7149 E-mail:info@beltrees.com 11. Termination Golden Eagle may terminate this Agreement,in whole or in part,at any time and for any reason,with or without cause,and without penalty therefor with seven(7)calendar days'prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide Golden Eagle with all documents as defined in paragraph 9 hereof,in such format as Golden Eagle shall direct and shall return all Golden Eagle owned materials and documents.Golden Eagle shall pay Contractor for Services satisfactorily performed to the date of termination. 4 Golden Eagle General Services Final 5/14 • 12. Venue.Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. • 13. Execution by Counterparts:Electronic Signatures, This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures'for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement:(i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems • necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given Golden Eagle written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that Golden Eagle has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement This paragraph shall survive termination of • this Agreement. £ Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of Golden Eagle. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between Golden Eagle and Contractor except that of independent contractor.Contractor shall have no authority to bind Golden Eagle. 5 Golden Eagle General Services Final 5/14 • h Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. • i This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the Golden Eagle. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. I. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. • m. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge,no employee of Golden Eagle has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. o. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Contracts. a. A. used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally in the United States as set forth in C.R.S.8-17.5-101,et.seq.If Contractor has any employees or subcontractors,Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the contract for services. b. If Contractor obtains actual knowledge that a subcontractor performing work under the contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: i. Notify the subcontractor and Golden Eagle within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;and ii. Terminate the subcontract with the subcontractor if within three(3)days of receiving the notice required pursuant to subparagraph(1) of the paragraph 14(b) the subcontractor does not stop employing or 6 • Golden Eagle General Services Final 5/14 • contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor • has not knowingly employed or contracted with an undocumented individual. c. If Contractor violates these prohibitions,Golden Eagle may terminate the Agreement for breach of • contract If the Agreement is so terminated specifically for.breach of this provision of this Agreement,Contractor shall be liable for actual and consequential damages to Golden Eagle. d. Golden-Eagle may notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and Golden Eagle terminates the Agreement for such breach. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. GOLDEN EAGLE ELDERLY HOUSING CORPORATION By Jill Kl erman,Executive Director • CONTRACTOR: TARRANT ENTERPRISES,INC d/b/a BRUSH CREEK LANDSCAPING AND TREE SERVICE • Print Name: �v� 4/i` e Title: C rn(f i I'd 4,GOn f • • • 7 Golden Eagle General Services Final 5/14 EXI-IIDIT A SCOPE OF SERVICES,SCHEDULE,FEES • • 8 Golden Eagle General Services Final 5/14 • • •.• • • trii• •.•:• . • ; • 6712._41rA • NI i NI • • Brush Creek Landscaping and Tree Service 'CL ' Ls, P.O.Box 5151'Eagle CO 81631 I 970-446-71491 salea@bcltrees.cnm I fax 970-306-4398 • • • Job Name: Golden Eagle Senior Center 2014 Date:1011312014 4:37 PM Golden Eagle Senior Center Proposed By: Steven Tarrant 715 Broadway • Eagle,co 81831 9703901832 • • I • Work Slte: 715 Broadway Eagle,co 81531 • • • • • Picture • # item . Description Qty Cost • 1 Cottobwbcd BUCKET TRUCK CREW 0 $950.00 .gi . Forestry Package Boom Truck with 15•Chipper to. remove large tree. . • • ;_ 2 Cottonwood STUMP GRINDING • 0 5150.00 • stump grinding • • • • • • Page 1 of 2 Reid Mks:210 Marmot tsne.Eug i Co,•811331 1.970.446-7149 • • • • • • i - • • • .- • • • 1. • • 0 r ` • 1� q Brash Creek Landscaping and Tree Service • �.:r P.O.Box 51011 Eagle CO 81631 1M4464149 I cales@boireca.cose. fax970-306-4398 .Y 108 • • • Kotas: Subtotal: S1,100.00 • lax: ;0.00 • • Total: $1,100,00 • • • Customer SEgnature trate • • • Tames slut sodZ raaChasies%and ar Labor ars Iadudid In the pddap.Cu1sr(walsrlmay ba rwassfad alibi onshore.lariliripagasiaiLl. Via are CornmrlaalApp aarand a rsLkanaulby!hi L7carbnantOfApslndhut.SO;Llano '14174 • • • • • Page 2 on • • Fletd Wks:210 Matelot Lane Eagle Co,81631 1 970.44S-7149 • - • EXHIBIT B INSURANCE CERTIFICATE • • • • • 9 Golden Eagle General Services Final 5/14 • AC Dr DATE(MA/DOYYYY) CERTIFICATE .OF LIABILITY INSURANCE 12/8/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain polities may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Darold K. Douglas Insurance Agcy PHONE 303-782-5300 IF" .NOI 303-782-5511 1776 S. Jackson St. #1106 (AC NLn FdY IA C . ADDRESS: _ Denver, CO 80210 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: NOVA Casualty Company INSURED Tarrant Enterprises, Inc. INSURER B: dba Brush Creek Landscaping INSURER C: PO Box 5101 INSURER D: Eagle, CO 81631 INSURFR E: 970-446-7149 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT TFE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TFE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TFE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ThE TERMS. EXCLUSIONS AND CONDIT1O NS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSR VWD POLICY NUMBER fM54/,J yyyy) 'AM�p'yYW OMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 OAMAGt I HEN IEU X COMMERCIAL GENERAL LIABLITY PREMISES(Ea occurrence) $ 1,000,000 CLAIMS-MADE © OCCUR MED EXP(My one person) S 5,000 A _ ARB-CL-9001154-0 05/13/1405/13/15 PERSONAL&ADVNJURY $ 1,000,000 GENERAL AGGREGATE S 2 r 000 r 000 GEN'L AGGREGATE UMIT APPLIES PER PRODUCTS-COW/OP AGG S 2,000,000 X POLICY I�PRa I]LOC - $ AUTOMOBILE LABILITY (Ea COMBINED SINGLE UM IT $ 1'000,000 ANYAUTO BODILY NJURY(Per person) $ ALL OWNED SCHEDULED ARB-CL-9001154-0 05/13/1405/13/15 AUTOS BODILY INJURY(Per accident) $ • A AUTOS ?t y X HIRED AUTOS ]( NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) - UMBRELLA LIAR OCCUR EACH OCCURRENCE S _ EXCESS UAB II CLAIMS-MADE AGGREGATE 5 _DEO I J RETENTION$ $ WORKERS COW ENSATION ITYWIRVTIMRS I MI AND EMPLOYERS'LIABILITY N ANY PROPRIETOR/PARTNER EXECUTIVE EL.EAQI ACCIDENT $ CFFICER/MEMEIER EXCLUDED? N IA (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ IDf ESC RdPurIO OOr P ERATIONS below EL DISEASE-POLICY UMIT S TIB $30,000 - $1000 Ded. A Contractors Equipmnt ARB-CL-9001154-0 05/13/1405/13/15 $ 312,393 - $1,000 Ded. Misc. Equipment _ ARB-CL-9001154-0 05/13/1405/13/15 $ 11,967 - $500 Ded. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Adrienne]Remarks Schedule,If more space Is required) Golden Eagle Elderly Housing Corp. its associated or affiliated entities, its successors and assigns, .elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability and automobile liability policies of insurance." CERTIFICATE HOLDER CANCELLATION Golden Eagle Elderly Housing Corp. •700 Broadway SHOULD ANY OF TFE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y TIE EXPIRATION DATE TFEREOF, NOTICE WILL BE DELIVERED IN Eagle, Colorado 81631 ACCORDANCE WITH TIE POLICY PROVISIONS. 970-328-8897 970-328-8898 faX AUTHOREE O REPRESENTATIVE Agele:42e,/, C 1988-2010 ACORD CORP(: 110N. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD