HomeMy WebLinkAboutECHDA23-13 Mariani Industries dba Rocky Mountain Custom LandscapingAGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND MARIANI INDUSTRIES, LLC d/b/a ROCKY MOUNTAIN CUSTOM LANDSCAPES AND ASSOCIATES THIS AGREEMENT (“Agreement”) is effective as of the ____________________ by and between Mariani Industries, LLC d/b/a Rocky Mountain Custom Landscapes and Associates, an Illinois limited liability company (hereinafter “Contractor”), and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter “ECHDA”). RECITALS WHEREAS, pursuant to a separate property management agreement, ECHDA is the property manager for the Colorado Mountain College Apartment Buildings 1 and 2 located at 160 and 162 Miller Ranch Road, Edwards, CO (the “Property”) owned by Colorado Mountain College; and WHEREAS, pursuant to the separate management agreement, ECHDA has authority on behalf of Colorado Mountain College to enter into agreements for the operation and management of the Property; and WHEREAS, ECHDA desires a contractor to perform up to 34 snow shoveling events at two or more inches (2”) of snow accumulation at 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 ECHDA in connection with the services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECHDA 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 no later than November 1, 2023 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. DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 11/15/2023 2 2. ECHDA’s Representative. The on-site maintenance technician, Jose Alvarado, 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 the 30th day of April, 2024. 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 ECHDA for such additional services in accordance with ECHDA’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 ECHDA 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 ECHDA 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. ECHDA 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 $6,936.00 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 ECHDA. 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 ECHDA may request. b. If, at any time during the term or after termination or expiration of this Agreement, ECHDA reasonably determines that any payment made by ECHDA 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 ECHDA, Contractor shall forthwith return such payment(s) to ECHDA. Upon termination or expiration of this Agreement, unexpended funds advanced by ECHDA, if any, shall forthwith be returned to ECHDA. c. ECHDA 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. d. Notwithstanding anything to the contrary contained in this Agreement, ECHDA 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 ECHDA in accordance with a budget adopted by the Board of ECHDA in compliance with 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 ECHDA 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 ECHDA’s prior written consent, which may be withheld in ECHDA’s sole discretion. ECHDA 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 DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 3 ECHDA has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by ECHDA 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 ECHDA. ECHDA 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 ECHDA, 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 ECHDA 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 ECHDA 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 ECHDA, 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. DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 4 8. Indemnification. The Contractor shall indemnify and hold harmless ECHDA, and any of its officers, agents, and employees against any losses, claims, damages, or liabilities for which ECHDA 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 ECHDA for reasonable attorney fees and costs, legal, and other expenses incurred by ECHDA 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 ECHDA to the extent that ECHDA 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 ECHDA and are to be delivered to ECHDA 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 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. ECHDA: Attention: Kimberly Bell Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 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 E-mail: atty@eaglecounty.us CONTRACTOR: Mariani Industries, LLC d/b/a Rocky Mountain Custom Landscapes and Associates PO Box 480 Eagle, CO 81631 Telephone: 870-748-8461 E-Mail: billie@rmcl-usa.com 11. Termination. ECHDA 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 ECHDA with all documents as defined in paragraph 9 hereof, in such format as ECHDA shall direct and shall return all ECHDA owned materials and documents. ECHDA shall pay Contractor for Services satisfactorily performed to the date of termination. DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 5 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 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 ECHDA 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 ECHDA 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 ECHDA. 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 ECHDA and Contractor except that of independent contractor. Contractor shall have no authority to bind ECHDA. DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 6 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 ECHDA. 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 ECHDA 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. 15. Data Security. a. Definitions: i. “ECHDA Data” means all data created by or in any way originating with ECHDA and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with ECHDA and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to ECHDA’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of ECHDA; Third Party consultants, auditors and other independent contractors performing services for ECHDA; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of ECHDA provided services; and any external users collaborating with ECHDA) authorized by ECHDA to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to ECHDA. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of ECHDA Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 7 b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control ECHDA Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all ECHDA Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing ECHDA Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of ECHDA Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify ECHDA of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy ECHDA’s legal and regulatory notice obligations. Upon notice of a Security Incident, ECHDA shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to ECHDA. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of ECHDA, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any ECHDA Data upon request from the ECHDA Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [Rest of page intentionally left blank] DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 8 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: ___________________ Kimberly Bell Williams Executive Director CONTRACTOR: By:__________________________ Print Name:___________________ Title: ________________________ DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF Billie Askins Maintenance Division Manager 9 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF Please check the 'Approved' box beside all services you wish included in your seasonal service package. Approved? Service Description PriceBilled As Colorado Mountain CollegeClient Name: Jobsite Address: Estimate ID: 160 Miller Ranch Road 162 Miller Ranch Road Edwards, Colorado 81632 Oct 03, 2023Date: Rocky Mountain Custom Landscapes & Associates, Inc. Project Name:CMC Housing - 160 & 162 Miller Ranch Rd - Snow - Seasonal - 2023/24 2023/24 Snow Shoveling Contract agchilders@coloradomtn.eduBilling Address: Mariani Enterprises, LLC dba Rocky Mountain Custom Landscapes (referred to as RMCL or Rocky Mountain Custom Landscapes) $6,936.00Snow Removal - Shoveling Seasonal contract includes 34 trace snow fall events. Owner will apply ice melt. Per Season The total price of all seasonal services is $6,936.00 or 6 payments of $1,156.00 per payment plus applicable taxes. Note that payments include only services marked as billed per season. Any services marked as per visit, per hour/unit, or unassigned are extra, and not included in this payment breakdown. ALL CONTRACTS MUST BE SIGNED AND RETURNED BY October 9th OR SERVICES CANNOT BE PROVIDED Time and Materials Billing. A variety of snow management services are available as requested and are billed on Time and Materials basis. * Services provided on a Time and Materials basis will be invoiced following the provision of such services; payment will be due upon receipt of the invoice (for approved commercial customers) or charged via EFT or card per authorization on file. * As indicated in the description of Basic Snow Management, once a designated storage area for cleared snow on the subject property of Client has reached capacity, the stored snow will have to be removed. Removal of Stored Snow consists of loading some or all of this stored snow into trucks for appropriate disposal. This service will be invoiced on Time and Material basis * Other services available on a Time and Materials basis include the clearing of private roadways, driveways, and parking areas, the clearing of walkways, ramps and steps, the removal of ice and packed snow from any areas on the client’s property, and other services. * Service on a Time and Materials basis will be performed at the following hourly rates; Additional mobilization fees may apply: RMCL will add a 20% management fee to all haul off activities. Customer Initials: email: billie@rmcl-usa.com p. 970-748-8461 www.rmcl-usa.com Eagle, Colorado 81631 P.O. Box 480 Contractor Initials: Page 1 of 5CMC Housing - 160 & 162 Miller Ranch Rd - Snow - Seasonal - 2023/24 [] DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF Loader with Blade or Bucket $290.00 Hr Dump Truck (10-12 yards)$145.00 Hr Skid steer $135.00 Hr Plow truck with Blade $130.00 Hr Hand Shoveling $65.00 Hr Ice Melt $.93 per Pound ATV $90.00 Hr Snow Blower $85.00 Hr Spreader $135.00 Hr plus materials Ice Slicer $315.00 ton/$125.00 Hr Time and Materials Billing is designed for clients who simply wish to request snow management services as needed regardless of the amount of snowfall and without seasonal obligation. Basic Snow Management Services: Basic Snow Management consists of clearing all private roadways, driveways, parking areas, and parking spaces on the subject property of Client with the use of mechanical snowplows mounted on appropriate trucks or other equipment. Basic Snow Removal will clear all unoccupied parking areas and spaces. RMCL will not be obligated to plow areas which are not accessible for safe operation of snow plows due to parked vehicles but will attempt to provide parked vehicles with access to roadways or driveways. RMCL within a reasonable period of time after accumulation of approximately (2) or more inches of snow on sidewalks and (2) or more inches of snow on pavement/asphalt, or as otherwise specified here under. For Time and Materials (T&M) clients, RMCL will perform Basic Snow Management. Time and Materials charges will apply to each plowing requested by the client. Other Services Various other services are available and are scheduled on a Time and Material basis. These services include: Removal of stored snow. As indicated in the General Terms & Condition, once a designated storage area has reached capacity, the snow will be loaded into trucks for appropriate disposal. Removal of ice and packed snow. This service consists of clearing ice and packed snow with ice-melt and tools from private roadways, driveways, parking areas, parking spaces, walkways, ramps, steps, and other areas on the subject property, as requested. The areas covered under terms of this Agreement, and/or special circumstances. Hand Shoveling & Clearing consists of the clearing of snow from all designated walkways, ramps and steps on the subject property of Client using snow throwers, shovels, scrapers, or other hand tools and equipment, as needed. RMCL will provide Hand Shoveling & Clearing with accumulation of approximately (2) or more inches of snow, or as otherwise specified hereunder. This service will be provided on a Time and Materials basis. TYPES OF CONTRACTS AND PAYMENT TERMS Per Time/Annual Contract is available for Basic Snow Management to our Clients.Customer Initials: email: billie@rmcl-usa.com p. 970-748-8461 www.rmcl-usa.com Eagle, Colorado 81631 P.O. Box 480 Contractor Initials: Page 2 of 5CMC Housing - 160 & 162 Miller Ranch Rd - Snow - Seasonal - 2023/24 [] DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF Per Time/Annual Contract is available for Basic Snow Management to our Clients. * The Contract covers the period from November 1st through May 1st of the following year at the Per Time price indicted on page 1 of this Contract. * Upon the accumulation of the minimum snowfall during the Contract season (but not before or after the Contract season), the contracted services will be provided automatically up to 34 events (unless otherwise noted in your contract). If event season total is exceeded, services will be billed per time. * For snowfalls that occur before or after Contract season, services will not automatically be provided. Before or after the Contract season, client must specifically request certain services on a Per Time. GENERAL TERMS AND CONDITIONS RMCL will provide services in a good and workmanlike manner consistent with reasonable industry standards. RMCL will conduct a site visit prior to Nov. 10th to evaluate and determine the best areas for snow storage. Client will advise RMCL prior to the site visit of any items that need to be marked to limit damage. Client may choose to have snow markers installed to identify hazards that may be hidden. If client chooses to have property marked RMCL will charge $65/hr. plus materials. Client must notify RMCL in writing of any and all damages they feel RMCL is responsible for as soon as it is discovered. RMCL will be provided a reasonable opportunity to inspect all damaged areas before repairs or modifications are undertaken by Client. It shall be the responsibility of Client to repair or replace any items or areas damaged as a result of not being clearly marked. Client shall identify the legal boundaries of the subject property. If this Agreement covers areas adjacent or in close proximity to another property, Client agrees to stake the pertinent property boundary lines. If this Agreement requires the use of another property owner’s property for snow storage or to access removal areas, Client shall obtain legal permission to have RMCL access that property. While it is the intent of RMCL to provide a safe travel surface for vehicles and pedestrians, the Client and RMCL agree that in the climate areas where services are being provided it should be anticipated that there will be areas of ice and snow that will remain after services are provided and Client and invitees to the property shall use caution to access the designated areas when they can do so in a safe manner. Client understands that snow management services provided by RMCL may not clear the designated area down to the bare sidewalk, pavement, or road base; and that slippery conditions may/will persist in those areas regardless of the extent of services provided. Client acknowledges that RMCL assumes no liability for this naturally occurring condition. Client understands that there may be conditions that exist during storm events which prohibit RMCL from providing services in a manner that would not place their employees and contractors at risk of personal harm. Client agrees that RMCL may suspend services during such conditions. Contractor only assumes responsibility for hazards created by Contractor at the Premises and is not responsible for Acts of God, unusual weather conditions, poor site drainage conditions, vandalism or other events beyond the control of Contractor. It is the Client’s responsibility to inspect the Work performed by Contractor to determine if it is satisfactory and to their specification. If theCustomer Initials: email: billie@rmcl-usa.com p. 970-748-8461 www.rmcl-usa.com Eagle, Colorado 81631 P.O. Box 480 Contractor Initials: Page 3 of 5CMC Housing - 160 & 162 Miller Ranch Rd - Snow - Seasonal - 2023/24 [] DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF It is the Client’s responsibility to inspect the Work performed by Contractor to determine if it is satisfactory and to their specification. If the Client does not advise Contractor that there is a need for additional snow removal or de-icing services, then the parties hereby agree that Contractor has satisfactorily performed its contractual duties at the time. Contractor will assume no responsibility for ice-control near low lying areas that are prone to collect water that can freeze. Contractor is not responsible for water/ice/snow that melts and/or refreezes and Contractor will treat areas affected by a melting and re-freeze only after being engaged and specifically directed by the Client to do so. Contractor will not be responsible for ice caused by puddling or pooling of water on asphalt or other surfaces. Until noted otherwise, we do not perform ice-watch at the Property or Properties covered by this Agreement. Contractor will not be responsible for refreeze due to drainage of down spouts, roof, balconies, awnings, canopies or any other refreezing events after the initial services have been rendered. Contractor will not plow within three (3) feet of parked vehicles. Further, Contractor will not plow in between parked vehicles. The Client is responsible to coordinate with Contractor for a return to the site to plow at the per hour rate once vehicles move. Contractor will not return for additional work, however, without specific request to do so by the Client. Contractor is not responsible for snow banks or any resulting melt/re-freeze from snow banks built up by any other person or entity, including but not limited to the Client, State, Municipal or County employees or agents snowplows after Work has been performed. If Client wants the snow banks removed from the site, the service can be provided upon request at the above-listed prices. Client understands that snow plowing, by its very nature, involves pushing a blade over the surface of the pavement. If your pavement is defective, deteriorated, weakened, frost heaved, or, was installed improperly, the results of this previous damage is more likely to appear after snow plowing. If Client declines to have the Contractor apply the Services to any portion of the Premises, the Client acknowledges that the Contractor is not responsible for any damages or claims whatsoever relating to or caused, in whole or in part, by the failure to apply the Services to the Premises in any particular circumstance. RMCL is not responsible for maintaining obstructed areas. Snow plowing routes will begin when snow accumulations reach or exceed 2 inches in depth by 2:00 a.m (unless otherwise noted in your contract). If snow has not accumulated (2) inches by this time, the routes will be delayed by the corresponding delay in snow accumulation. Hand shoveling routes will begin when the snow accumulations reach or exceed (2) inches in depth/ In addition, heavy snowfalls (greater than 6”) will require extra time and therefore completion time will be delayed. Heavy snowfalls (greater than 6”) will count as 2 events for annual clients. If (2) inches of snow has accumulated after 6:00 p.m. then the normal schedule will be executed starting at 2:00 a.m. Residential customers will be plowed once in a twenty-four-hour period. To protect the health and safety of it workers, RMCL will exercise its best judgment regarding all scheduling of services. If weather and road conditions are severe, or if other extreme circumstances arise, RMCL may be unable to meet the schedule of services prescribed for its clients. If such conditions or circumstances do arise, RMCL will revise its schedule and perform the required services as soon as possible and will inform it clients of such schedule revisions via email or text message to number/address provided by client. Service interruption may occur should balances reach or exceed 30 days. If the property is not serviced as a result of Customer’s failure to pay, Contractor will not be responsible for anything that occurs at Customer’s property . Customer Initials: email: billie@rmcl-usa.com p. 970-748-8461 www.rmcl-usa.com Eagle, Colorado 81631 P.O. Box 480 Contractor Initials: Page 4 of 5CMC Housing - 160 & 162 Miller Ranch Rd - Snow - Seasonal - 2023/24 [] DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF Estimate authorized by:Estimate approved by: Company Representative Customer Representative Signature Date:Signature Date: *Prices shown do not include tax. Applicable taxes will be added to invoice(s). RMCL shall provide plowing and shoveling services on major holidays (Thanksgiving, Christmas Eve, Christmas Day, and New Years Day) although, the amount charged will be double the per time price. If a Client prefers no plowing or shoveling services on a holiday the snow will be plowed or shoveled on the next business day (this additional amount goes directly to our driver/shovel personnel as a bonus to compensate for their time away from their families during a major holiday). RMCL drivers will plow as close to garage doors, steps, walls, lights, etc. as the driver feels comfortable, snow remaining in these areas can be hand shoveled at an additional charge. Customer Initials: email: billie@rmcl-usa.com p. 970-748-8461 www.rmcl-usa.com Eagle, Colorado 81631 P.O. Box 480 Contractor Initials: Page 5 of 5CMC Housing - 160 & 162 Miller Ranch Rd - Snow - Seasonal - 2023/24 [] DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF 10 EXHIBIT B INSURANCE CERTIFICATE DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF Holder Identifier : 7777777707070700077761616045571110764604137214554207772317571407201071561577376102210743737646247666107773415067513303077755051615774700762733176714744207341075013375102076727242035772000777777707000707007 7777777707070700073525677115456000716322356313773007231004061325131076240110652275720743733321342214407526323206033551075673777070660100712272631217311107422773743026401077756163351765540777777707000707007Certificate No : 570102649325 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/09/2023 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. PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 16535Zurich American Ins CoINSURER A: 25674Travelers Property Cas Co of AmericaINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Mariani Enterprises, LLC dba Rocky Mountain Custom Landscapes 351 Airpark Dr. Gypsum CO 81637 USA COVERAGES CERTIFICATE NUMBER:570102649325 REVISION NUMBER: 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.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $500,000 $10,000 $2,000,000 $4,000,000 $4,000,000 A 04/01/2023 04/01/2024GLO202815004 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $5,000,000A04/01/2023 04/01/2024 COMBINED SINGLE LIMIT (Ea accident) BAP2028151-04 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $15,000,000 $15,000,000 04/01/2023UMBRELLA LIABB 04/01/2024CUP2T53473723NF RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTEA04/01/2023 04/01/2024 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC202814903 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEEagle County Housing and Development Authority (ECHDA) 500 Broadway PO Box 850 Eagle CO 81631 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: F46A7601-95A1-49DF-9C3D-BCDB3A0A93FF