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Home My WebLink AboutC21-370 LCV + High MtnDocuSign Envelope ID: B313BA4A-7899-41F5-BA15-C15025FE66B9 AGREEMENT FOR SERVICES BETWEEN LAKE CREEK VILLAGE LLC AND HIGH MOUNTAIN SNOW PLOW THIS AGREEMENT ("Agreement") is effective as of 11/1/2021 by and between High Mountain Snow Plow, a Colorado Corporation, (hereinafter "Contractor") and Lake Creek Village LLC, a Colorado limited liability company (hereinafter "LCV"). RECITALS WHEREAS, LCV desires to hire Contractor to provide snow removal services (snow plowing and shoveling services) on all roads, driveways, sidewalks, and parking lots with an accumulation of two (2) or more inches of snow (the "Project") throughout the Lake Creek Village Apartments located at 4923 Lake Creek Village Drive, Edwards, CO 81632 (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 LCV in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises, Contractor and LCV 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 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 starting November 15, 2021 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 Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. LCV's Representative. 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 11 hereof, shall continue in full force and effect through April 15, 2022. DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 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 LCV for such additional services in accordance with LCV'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 LCV 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 LCV 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. LCV 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 $20,000.00. 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 LCV. 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 LCV may request. b. If, at any time during the term or after termination or expiration of this Agreement, LCV reasonably determines that any payment made by LCV 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 LCV, Contractor shall forthwith return such payment(s) to LCV. Upon termination or expiration of this Agreement, unexpended funds advanced by LCV, if any, shall forthwith be returned to LCV. C. LCV 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 LCV 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 LCV's prior written consent, which may be withheld in LCV's sole discretion. LCV 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 LCV has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by LCV 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 LCV. LCV 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: 2 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 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, 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 LCV, 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 LCV 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 LCV 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 LCV, 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 monies paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless LCV, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which LCV 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 LCV for reasonable attorney fees and costs, legal, and other expenses incurred by LCV 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 LCV to the extent that LCV 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 LCV and are to be delivered to LCV before final payment is made to Contractor or upon earlier termination of this Agreement. 3 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 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. LCV: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 Facsimile: 970-328-8787 E-mail: kim.williams@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: High Mountain Snow Plow Attn: Gustavo Grimaldo PO Box 1098 Avon, CO 81620 Telephone: 970-470-0877 E-mail: alpinepaintingvail@gmail.com 11. Termination. LCV 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 LCV with all documents as defined in paragraph 9 hereof, in such format as LCV shall direct and shall return all LCV owned materials and documents. LCV 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, interpreted under, and governed by the laws of the State of Colorado. 4 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 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 it 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 LCV 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 or omissions in performance of the Services. The fact that LCV 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. 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 LCV. 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 LCV and Contractor except that of independent contractor. Contractor shall have no authority to bind LCV. 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. 5 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 j. Contractor shall not assign any portion of this Agreement without the prior written consent of LCV. 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. 1. 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 LCV 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. As 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: 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 LCV 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. 6 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 C. If Contractor violates these prohibitions, LCV 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 LCV. d. LCV may notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and LCV terminates the Agreement for such breach. [Rest ofpage intentionally left blank] 7 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Lake Creek Village LLC By and through Eagle County Housing and Development Authority, its sole member DocuSigned by: By: S Kimbe aU 4a ,..Executive Director CONTRACTOR [—DuSigned by: By: aano C-4 tMat, E253622498CD4j E... Print Name: Gustavo Gri mal do Title: Owner 8 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-41F5-BA15-C15025FE66B9 )DWOMSAU HIGH MOMUAM SNOW PLOW P.O. BOX 1098 Avon, Colorado 81620 (970) 470 0877 E]IIIYIITCuIQ. Lake Creek Apartments rR IYC. MI 9/9/2021 pi Krci I Hallway 6 & 24 1JUD 44MIVIC. Lake Creek Snow Plowing i'a,'i ,T c au ur Edwards llwb uUL.MTIv.. I11\115\21 To 4\15\22 nD1YE w . This Proposal Is For: Removing snow from the parking lots for five months during the season will be removed every time it, Snows more than two inches only and if someone calls me when I've passed by I will charge extra. We also remove snow from sidewalks with a hand shovel. WE Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: $20,000.00 ray n o 5r; made as al ows: Authorized Signature NOTE: This proposal may be withdrawn within days ACCEPTANCE OF PROPOSAL -- The above prices, specifications and conditions are satisfactory and are Signature hereby accepted. You are authorized to date work specified. Payment will be made as outlined above. Signature Date of Acceptance: DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 EXHIBIT B INSURANCE CERTIFICATE 10 LCV General Services Final DocuSign Envelope ID: B313BA4A-7899-4lF5-BA15-C15025FE66B9 GRIMA-2 OP ID: CK YYM QA1010612sr2I021 '4 o� CERTIFICATE 4F LIABILITY INSURANCE 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerlificate holder Is an ADDITIONAL INSURED, the pollcy(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 endorsements . PRODUCER 970-949-5110 Arrow Insurance Mgt - Avon 70 Benchmark Rd #103 fiWcT Angie Kriedeman PHONE 970-949.5110 FAX 970-949-6306 WC, No, ExQ: (AFC, No xmsso P.O. BOX 918 Avon, CO 81620 Angie Kriedeman s AFFORDING COVERAGE NAIC e INSURER A: Acuity Insurance 14184 dvlR�M maldo INSURERS INSURER C: C10 Angelica Silva High Mountain Snow Plow LLC C/O Angllca Silva INsuREaD: INSURER E PO Box 1099 Avon, CO 81620 INSURER F COVPRAr,F3 rFRTIPIrATF NIIAIRFR• Rt=VICInN IdsIMRFR• 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 REOUIREMENT, 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. IN TYpE OF INSURANCE �� SLIB POLICY POLICY NlA41BER POLICY EFF POLICY EXP LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ElOxuit Business Owners X 65437 02l27l2021 02/2712022 EACH OCCURRENCE f 1,000,000 DAMAGE TO RENTEDSFS f 100,000 X MED EKP_(AnY one r n 5,000 PERSONAL 6 ADV INJURY f 1,000,000 GEN'L AGGREGATE LIMIT APPLIES F'E;< POLICY j Lr OTHER GENERAL AGGREGATE i 2,000,000 P MP7 P AGG S 2,0001000 A AUTOMOBILE LIAORM ANY ;UTO AIUgTEOS ONLY X ED ACUUTTNNOS AUTOS ONLY AUikd;av X Z65437 02127/2021 CZ2712022 C aV N dED SINGLE LIMIT f 1,000,000 eopt.Y INJURYWarperwnl BODILY INJURY Par accident f ?AMAGE f f UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE f H AGGREGATE f D RETENTION fD �3YENNA 77LI�$1 ANY PRROE]O�!P�RIETORIP� u� CUTIVE `T.Fn'06 'n �) W%describe under ?IPTION OF OPERATIONS below NIA PER OTHWODF E.L. EACH ACCIDENT f E.L DISEASE -EA EMPLOYEE f EL DISEASE- POLICY LIMIT OESCRIPTION OF OPERATIONS I LOCATIONS F VEHICLES µCORD 101, Addifional Remarks Schedule, maybe attached If mare spacr Is required) Lake Creek Village LLC Its associated or affiliated entities Its successors & assigns, elected officials, employees agents, & Volunteers are Additional Insureds under the commercial general liability & commercial auto policies. rFRTIFIrATF wn1 r1FR rANrFI I ATInN LAKECRI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lake Creek Village LLC ACCORDANCE WITH THE POLICY PROVISIONS. 4923 Lake Creek Village Dr. Edwards, CO 81632 AUTHORIZED REPRESENrArnE Angie Kriedeman ACORD 25 (2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD