HomeMy WebLinkAboutGE17-002 All Purpose EnterprisesAGREEMENT FOR PROCUREMENT
AND INSTALLATION SERVICES BETWEEN
GOLDEN EAGLE ELDERLY HOUSING CORPORATION
AND ALL PURPOSE ENTERPRISES, INC.
THIS AGREEMENT ("Agreement") is effective as of 06/22/2017 by and between
All Purpose Enterprises, Inc., a Colorado corporation (hereinafter "Contractor") and Golden Eagle Elderly Housing
Corporation, a Colorado non-profit corporation (hereinafter "Golden Eagle").
RECITALS
WHEREAS, Golden Eagle desires to hire Contractor for the demolition of the stepped entry and the installation of
new concrete ramp entry to a resident unit (the "Project") at the Golden Eagle Senior Apartments located at 700
Broadway Street, Eagle, CO 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 equipment, materials and installation services as set forth below in paragraph t
hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and Golden Eagle in connection with
the procurement of equipment, materials and services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and Golden Eagle
agree as follows:
1. Services or Work. Contractor agrees to procure the materials, equipment and/or products ("Materials")
necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to
perform and complete the procurement and installation services 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 complete the Services no later than November 30, 2017 and in accordance
with the schedule established in ExhibitA If no completion date is specified in ExhibitA, 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 Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
C. Golden Eagle shall have the right to inspect all Materials and Services. Inspection and acceptance
shall not be unreasonably delayed or refused.
2. Golden Eagle's Representative. The Golden Eagle Maintenance Supervisor, Bill Wright, shall be
Contractor's contact with respect to this Agreement and performance of the Services.
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Golden Eagle Procurement and Installation Final 5/14
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of paragraph 1 1 hereof, shall continue in full force and effect until the Services are completed to the
satisfaction of Golden Eagle.
4. Extension or Modification. 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 Materials and performance of the
Services in a sum computed and payable as set forth in Exhibit A. The Materials and performance of the Services
under this Agreement shall not exceed $1,750.00 if the Contractor is permitted to pour concrete for both sides of the
sidewalk simultaneously. 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 Materials and 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 Materials or
Services for which payment was made were not provided or 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.
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Golden Eagle Procurement and Installation Final 5/14
7. Insurance. Contractor agrees to provide and maintain at Contr'actor's sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
Workers' Compensation insurance as required by law.
ii. Auto 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,
persona I/ad vert i s ing injury, prod uctslcompleted 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 Exhibit 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.
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.
S. 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
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Golden Eagle Procurement and Installation Final 5114
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.
Further, Contractor shall execute any bill of sale or other documents required by Golden Eagle to transfer title of the
Materials to Golden Eagle. Contractor shall provide copies of any instruction or operations or care manuals and shall
further provide copies of any manufacturers warranties associated with the Materials.
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 8 163 1
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: jill.klosterman@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 8 163 1
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-mail: atty@eaglecounty.us
CONTRACTOR:
All Purpose Enterprises, Inc.
P.O. Box 1212
Eagle, CO 81631
Telephone: 970-390-5747
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.
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Golden Eagle Procurement and Installation 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.RLS. 24-71.3401 to 1.21.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the intended purpose and use of the Materials, 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.
C. Contractor shall be responsible for 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 Materials and/or 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.
f. Contractor hereby represents and warrants that the Materials will be new and that it will perform
the Services in a good and workmanlike manner and guarantees all Work against defects in materials or
workmanship for a period of one (1) year from the date the Work is accepted by Golden Eagle, or such longer period
as may be provided by the law or as otherwise agreed to by the parties.
g. All guarantees and warranties of Materials furnished to Contractor or any subcontractor by any
manufacturer or supplier are for the benefit of Golden Eagle. If any manufacturer or supplier of any Materials
furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor's guarantee or warrantee
shall extend for a like period as to such Materials.
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Golden Eagle Procurement and Installation Final 5/14
h. Contractor warrants that title to all Work and Materials shall pass to Golden Eagle either by
incorporation into the Property or upon receipt by Contractor of payment from Golden Eagle (whichever occurs
first} free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that
Contractor (or any other person performing Work) purchased all Materials free and clear of all liens, claims, security
interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the
Materials until the Materials installed and Golden Eagle has inspected and approved the same.
i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own
expense, without cost to Golden Eagle, and without interruption to Golden Eagle:
Any defects in Materials or workmanship which existed prior to or during the period of
any guarantee or warranty provided in this Agreement; and
ii. Any damage to any other Work or property caused by such defects or the repairing of
such defects.
j. Guarantees and warranties shall not be construed to modify or limit any rights or actions Golden
Eagle may otherwise have against Contractor in law or in equity.
k. 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.
1. 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.
III. 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.
n. 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.
o. 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.
p. 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.
q. 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.
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
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Golden Eagle Procurement and Installation Final 5/14
S. 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.
t. The Contractor, if a natural person eighteen (N) 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. As used in this Section 14, 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. 5-17.5-101, et. seq. If Contractor has any
employees or subcontractors, Contractor shall not:
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 (i) of the paragraph 14(b) the subcontractor does not stop employing or
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.
[Rest of page intentionally left Blank]
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Golden Eagle Procurement and Installation Final 5/14
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
GOLDEN EAGLE ELDERLY HOUSING CORPORATION
By:
1A5 I i�
Jill Klosterman, Secretary
CONTRACTOR:
ALL PURPOSE ENTERPRISES, INC.
By: -------------
Carlos Favela
Print Name:----.
Title:
President
Golden Eagle Procurement and Installation Final 5/14
SCOPE OF SERVICES, EQUIPMENT, SCHEDULE, FEES
Golden Eagle Procurement and Installation Final 5/14
All Purpose Enterprises, Inc.
PO Box 1212
Eagle, CO 81631
Phone: 970.390.5747
Bill To;
GoIden Eagle Senior Apartments
P a Box 850
Eaglc, CO 81631
Proposal
Proposal Date:
Proposal #
11/3/2016
1917
EX-IIBIT B
INSURANCE CERTIFICATES
10
Golden Eagle Procurement and Installation Final 5114
CERTIFICATE OF LIABILITY INSURANCE °°To 20,2017YY�'
THIS CERTIFICATE IS ISSUED AS A MATTFR OF IN-ORMATION ONLY AND CONFERS NO RIGFIT5 UPON THE GE RTIFICATE HOLDER. T HIS CERTIFICATE DOES NOT ArFAMAT WELY OR NEGATIVELY
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AUTHORIZED REPRESENTATIVE OR PRODUCER,ANDTHE C:ERTIFICATF HOLDER.
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PRODUCFR CON FACT ----
Jadine Maxwell(7750296) NAME! Jadine MaxwellPHONE FAX
555 North Ave 41 (A/C, N0, Exr): 970.242-0000 (A/C, NO): 970-9$6-4772
E-MAIL
Grand Junction CO B1501-7505 ADDRESS; jmaxwaII@farrnersagent.cvm
INSURED
ALL PURPOSE ENTERPRISE INC
PO BOX 1212
EAGLE
COVERAGES
CO 31631
INSURE R{S) AFFOROI NG COVERAGE
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PRODUCER
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70 Benchmark Rd 9103
PHONE FAX
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DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required)
Golden Eagle Elderly HOusin Corp. its associated or affiliated entities,
its
successors and assigns, elected officials, employees, agents and
volunteers are listed as Additional Insured as respects to the General
Liabilityfor ongoing operations.
CERTIFICATE HOLDER CANCELLATION
GOLDEAI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Golden Eagle Elderly Housing
Corporation
ALIT HORIPEOREPRESENTATIVE
PO Box 850
Eagle, CO 81631
Q 1988-2414 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACIDRD name and Iogo are registered marks of ACORD
