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HomeMy WebLinkAboutC18-319 Mountain Top Ventures dba SHC Nursery & Landscape CoAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO. THIS AGREEMENT (“Agreement”) is effective as of the ______________________ by and between Mountain Top Ventures, Inc. d/b/a SHC Nursery & Landscape Co., a Colorado Corporation (hereinafter “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County desires to utilize Contractor for frozen precipitation removal services (the “Project”) for the areas described in Paragraph 1 of this Agreement (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 County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services or work set forth below (hereinafter “Services” or “Work”). The Services shall be performed in accordance with the provisions and conditions of this Agreement a. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing, shoveling, ice chipping, and the application of ice melt products, at the Miller Ranch Community Center in Edwards, Colorado, as shown in site map attached hereto as Exhibit “A1.1” and incorporated herein by this reference. For the Work under this Agreement, frozen precipitation must be removed from parking lot and sidewalk surfaces, including those leading to each of the exterior egress doors to the building. The Work shall be initially completed by 7:30 a.m. when one (1) inch or more of frozen precipitation is present, and must be repeated as needed throughout the day to provide safe access to the locations to maximize operations and to minimize risk of injury to pedestrians. The Work also includes the application of ice melt on main accesses of parking area and on sidewalks leading up to the building’s exterior doors. Frozen precipitation shall be stored in designated areas in the parking lots, as directed by Eagle County Facility Management, and as described in the attached Exhibit “A1.1” incorporated herein by this reference b. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing and shoveling on the recreation path that runs along Miller Ranch Road from the round-about at Edwards Spur Road to the ECO bus shelter on the north-west side of the Miller Ranch Road and HWY 6 intersection and the recreation path that goes around the Freedom Pond as depicted in Exhibit “A1.2” which is attached hereto and incorporated herein by reference. For the Work under this Agreement, frozen precipitation must be removed from recreation paths. The Work shall be initially completed by 7:30 a.m. when one (1) inch or more of frozen precipitation is present, and must be repeated as needed throughout the day to provide safe access to the locations to maximize operations and to minimize risk of injury to pedestrians. DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 10/31/2018 2 c. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing, shoveling, ice chipping, and the application of ice melt products, at the Eagle County Justice Center in Eagle, Colorado, as shown in site map attached hereto as Exhibit “A1.3” and incorporated herein by this reference (the “Work”). For the Work under this Agreement, frozen precipitation must be removed from sidewalk surfaces, including those leading to each of the exterior egress doors to the building. The Work shall be initially completed by 7:30 a.m. when frozen precipitation is present, and must be repeated as needed throughout the day to provide safe access to the locations to maximize operations and to minimize risk of injury to pedestrians. The Work also includes the application of ice melt on main accesses of parking area and on sidewalks leading up to the building’s exterior doors. d. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing, shoveling, ice chipping, and the application of ice melt products, at the Senior Center in Eagle, Colorado as shown in the site map attached hereto as Exhibit “A1.4” and incorporated herein by this reference (the “Work”). For the Work under this Agreement, frozen precipitation must be removed from parking lot and sidewalk surfaces, including those leading to each of the exterior egress doors to the building. The Work shall be initially completed by 7:30 a.m. when frozen precipitation is present, and must be repeated as needed throughout the day to provide safe access to the locations to maximize operations and to minimize risk of injury to pedestrians. The Work also includes the application of ice melt on main accesses of parking area and on sidewalks leading up to the building’s exterior doors. e. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing, shoveling, ice chipping, and the application of ice melt products, at the Eagle County Maintenance Service Center in Gypsum, Colorado, as shown in site map attached hereto as Exhibit “A1.5” and incorporated herein by this reference. For the Work under this Agreement, frozen precipitation must be removed from sidewalk surfaces, including those leading to each of the exterior egress doors to the buildings. This component of the Work shall be initially completed by 7:30 a.m. when frozen precipitation is present. This Work also includes the application of ice melt on sidewalks leading up to the building’s exterior doors. f. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing and shoveling on the Freedom Park west and east parking lots as depicted in Exhibit “A1.6” which is attached hereto and incorporated herein by reference. For the Work under this Agreement, frozen precipitation must be removed from recreation paths. The Work shall be initially completed by 7:30 a.m. when one (1) inch or more of frozen precipitation is present, and must be repeated as needed throughout the day to provide safe access to the locations to maximize operations and to minimize risk of injury to pedestrians. g. During the period from November 15, 2018 through April 15, 2019, Contractor shall perform frozen precipitation removal services, including snow plowing and shoveling on the Freedom Park Field House parking lot as depicted in Exhibit “A1.7” which is attached hereto and incorporated herein by reference. For the Work under this Agreement, frozen precipitation must be removed from recreation paths. The Work shall be initially completed by 7:30 a.m. when one (1) inch or more of frozen precipitation is present, and must be repeated as needed throughout the day to provide safe access to the locations to maximize operations and to minimize risk of injury to pedestrians. h. 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. DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 3 2. County’s Representative. The Facilities Management 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 11 hereof, shall continue in full force and effect for a period of one year. 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Such extensions should contemplate the compensation included in Exhibit B regarding additional year rates. 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 County for such additional services in accordance with County’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 County 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 County 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. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth below. 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 County. a. For the Work provided for the Miller Ranch Community Center as provided herein, County shall pay to the Contractor monthly installments of $801.78 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $4,008.90 as described in Paragraph 1.a and the Fees List attached hereto as Exhibit “B1.1” and incorporated herein by this reference, absent a written amendment to this Agreement. b. For the Work provided for the recreation paths as provided herein, County shall pay to the Contractor monthly installments of $494.34 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $2,471.70 as described in Paragraph 1.b and the Fees List attached hereto as Exhibit “B1.2” and incorporated herein by this reference, absent a written amendment to this Agreement. c. For the Work provided for the Justice Center as provided herein, County shall pay to the Contractor monthly installments of $944.37 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $4,721.85 as described in Paragraph 1.c and the Fees List attached hereto as Exhibit “B1.3” and incorporated herein by this reference, absent a written amendment to this Agreement. d. For the Work provided for the Senior Center as provided herein, County shall pay to the Contractor monthly installments of $652.20 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $3,261.00 as described in Paragraph 1.d and the Fees List attached hereto as Exhibit “B1.4” and incorporated herein by this reference, absent a written amendment to this Agreement. e. For the Work provided for the Maintenance Service Center as provided herein, County shall pay to the Contractor monthly installments of $661.50 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $3,307.50 as described in Paragraph 1.e and the Fees List attached hereto as Exhibit “B1.5” and incorporated herein by this reference, absent a written amendment to this Agreement. DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 4 f. For the Work provided for the Freedom Park Parking Lots as provided herein, County shall pay to the Contractor monthly installments of $1,493.10 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $7,465.50 as described in Paragraph 1.f and the Fees List attached hereto as Exhibit “B1.6” and incorporated herein by this reference, absent a written amendment to this Agreement. g. For the Work provided for the Freedom Park Field House Parking Lot as provided herein, County shall pay to the Contractor monthly installments of $495.00 for Work satisfactorily performed, but in no event shall the total amount paid to the Contractor exceed $2,475.00 as described in Paragraph 1.f and the Fees List attached hereto as Exhibit “B1.7” and incorporated herein by this reference, absent a written amendment to this Agreement h. For the Services to be provided hereunder, County will pay Contractor Twenty Seven Thousand Seven Hundred Eleven and 45/100 Dollars ($27,711.45). In the event Contractor and County agree upon the need for additional services beyond the work described in above, those services shall be billed as set forth in Exhibit “B1.8”. Total compensation under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) without a written amendment to this Agreement. i. 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 County may request. j. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County 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 County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. k. County 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. l. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County 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 County’s prior written consent, which may be withheld in County’s sole discretion. County 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 County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County 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 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 5 responsibilities which Contractor, by this Agreement, assumes toward County. County 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. 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. i. 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, 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 Eagle County, 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 C. ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County 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 the County 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 County, 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 County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County 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 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 6 any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County 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 the County to the extent that County is 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 the County and are to be delivered to County 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. COUNTY: Eagle County, Colorado Attention: Ron Siebert 3289 Cooley Mesa Road Gypsum, CO 61637 Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8881 Facsimile: 970-328-3539 E-Mail: ron.siebert@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 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 7 CONTRACTOR: Mountain Top Ventures, Inc. d/b/a SHC Nursery & Landscape Co 916 B Chambers Ave. P.O. Box 2049 Eagle, CO 81631 Telephone: 970-328-5484 Facsimile: 970-328-5485 E-Mail: mike.stevens@shclandscape.com 11. Termination. County 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 County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 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 County 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 the County 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 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 8 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 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 County. 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 County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. 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 County. 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. l. 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 the County 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 Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within 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 comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 9 who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. 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 public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify c. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County 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 days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) 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. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County 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 County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 10 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONTRACTOR: MOUNTAIN TOP VENTURES INC. d/b/a SHC NURSERY & LANDSCAPE CO. By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 President Mike Stevens EXHIBIT A1.1 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 EXHIBIT A1.2 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 EXHIBIT A1.3 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 EXHIBIT A1.4 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 EXHIBIT A1.5 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 EXHIBIT A1.6 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 EXHIBIT A1.7 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):,, (a) Check all that apply: Snow Plow X Shovel X Other (describe) (b) A plow/shovel service shall begin with snow fall of 1 inch precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner $1,924.65 $2,084.25 EXHIBIT B1.1 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum – 3 year Rate Compensation – Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 2 – 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 3 – 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):, , (a) Check all that apply: Snow Plow X Shovel Other (describe) (b) A plow/shovel service shall begin with snow fall of 1 inch precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner EXHIBIT B1.2 $2,471.70 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum – 3 year Rate Compensation – Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 2 – 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 3 – 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):,, (a) Check all that apply: Snow Plow Shovel X Other (describe) (b) A plow/shovel service shall begin with snow fall of any frozen precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner $4,721.85 EXHIBIT B1.3 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum – 3 year Rate Compensation – Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 2 – 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 3 – 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):,, (a) Check all that apply: Snow Plow X Shovel X Other (describe) (b) A plow/shovel service shall begin with snow fall of any frozen precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner EXHIBIT B1.4 $651.00 $2,610.00 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum – 3 year Rate Compensation – Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 2 – 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 3 – 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):,, (a) Check all that apply: Snow Plow Shovel X Other (describe) (b) A plow/shovel service shall begin with snow fall of any frozen precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner EXHIBIT B1.5 $3,307.50 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum – 3 year Rate Compensation – Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 2 – 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 3 – 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A – Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):,, Does not include Fieldhouse parking lot. (a) Check all that apply: Snow Plow X Shovel Other (describe) (b) A plow/shovel service shall begin with snow fall of 1 inch precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written authorization of the Owner or the Owner’s authorized agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner $7,465.50 EXHIBIT B1.6 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum – 3 year Rate Compensation – Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 2 – 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation – Year 3 – 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Exhibit A Scope of Work 1. Location(s) specified by Owner for snow clearance: Address(es):, , Does not include Fieldhouse parking lot. (a) Check all that apply: Snow Plow X Shovel Other (describe) (b) A plow/shovel service shall begin with snow fall of 1 inch precipitation on service areas. 2. Any alteration or deviation from the specifications in this Scope of Work will be executed only upon written agent and shall become an extra fee mutually agreed upon between Owner and SHC in advance of such extra work. 3. When SHC is called to clear snow due to: a. Drifting b. County and/or town plows pushing snow into your service area c. Any time other than a snow fall The Owner will be charged a minimal extra charge to clear the service area. Generally this will be on a time and material basis (please see rate sheet). 4. SHC can provide services for marking curbs, sidewalks, lawn, landscaping, sprinkler and trees, shrubs and fences and any other owner designated items in owner designated snow dump areas. Initials of Owner EXHIBIT B1.7 $2,475.00 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Addendum 3 year Rate Compensation Year 1 - 2019/2020 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation Year 2 2020/2021 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services Compensation Year 3 2021/2022 Owner/Agent shall pay SHC for plowing services Owner/Agent shall pay SHC for shoveling services DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 Snow Removal Services Rate Sheet 2018-2019 Snow Shovel Labor $55.00/man/hr Walk behind snow blower $75.00/hour Pickup with plow $100.00/hour Dingo w/ 44” snow blower $85.00/hr Skid Steer w/bucket/snow pusher $120.00/hour Skid Steer w/snow blower $135.00/hr Tool Cat w/snow pusher $115.00/hour Tool Cat w/snow blower $135.00/hour Mini-Excavator/Loader $135.00/hour Snow Hauling (Outside trucks) $115.00/hour – Tandem 10-12 yds $127.00 – End Dump 20-25 yds Cinders $67.00/hour (1 hour minimum) plus $42.00 per yard/half yard minimum. Snow Dump Fees $57.00 per end dump $38.00 per Tandem dump $25.00 per small truck/trailer Rates are subject to change. Contracts for monthly/seasonal service are available. Please call our office for rates. EXHIBIT B1.8 DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968 07/02/2018 Associates Insurance Group 8400 E. Prentice Ave. Ste. 300 Greenwood Village CO 80111 Justin Cowan (303) 793-3388 (303) 793-3386 jcowan@getagc.com SHC Nursery & Landscape Company Mountain Top Ventures, Inc. PO Box 2049 Eagle CO 81631 Ohio Security Insurance Company 24082 Ohio Casualty Insurance Company 24074 Pinnacol Assurance 41190 Master A Y BKS 57839814 03/01/2018 03/01/2019 1,000,000 300,000 15,000 1,000,000 2,000,000 2,000,000 A Y BAS 57839814 03/01/2018 03/01/2019 1,000,000 B 10,000 USO 57839814 03/01/2018 03/01/2019 1,000,000 1,000,000 C Y 4078264 03/01/2018 03/01/2019 1,000,000 1,000,000 1,000,000 A Leased / Rented Equipment Voluntary Property Damage BKS 57839814 03/01/2018 03/01/2019 Replacement Cost $130,000 Each Occurrence $5,000 If required by written agreement, Eagle County, its associated or affiliated entities, its successors & assigns, elected officials, employes, agents, & volunteers are named Additional Insured as respects General Liability & Automobile Liability. Eagle County 500 Broadway PO Box 850 Eagle CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 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 THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY EXHIBIT C DocuSign Envelope ID: 8BE3235E-A7A4-4F94-BB58-3954C1860968