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HomeMy WebLinkAboutSOB15-003 TurtleVida, LLC AGREEMENT FOR SERVICES BETWEEN SENIORS ON BROADWAY,LP AND T13RTLEVIDA,LLC THIS AGREEMENT("Agreement")is effective as of the .15 day of 2015 by and between Turtlevida,LLC a Colorado limited liability company(hereinafter"Contractor")and Seniors on Broadway,LP a Colorado limited partnership(hereinafter"SOB"). RECITALS WHEREAS,SOB desires to lore Contractor to provide high quality professional landscape maintenance services in a timely manner(the`Project")for the property located at 750 Broadway,Eagle,CO 81631 (the"Property");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time skill,expertise,and experience necessary to provide the Services as defined below in paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and SOB in connection with the Services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and SOB 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 May 11,2015 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 cart;. 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. SOB's Representative. The Maintenance Supervisor,Bill Wright,is SOB'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 31st day of October,2015. 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 SOB for such additional services in accordance with SOB's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal cbat#ge orders,express or implied'ac ceptance of alterations or additions to the Services,and no claim that SOB 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 authorizatu n and acknowledgment by SOB 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. SOB shall compensate Contractor for the performance of the Services in a sum computed payable and p e as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $2,530.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in svriting by SOB. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,Who performed each task and such other detail as SOB may request. b. If at any time during the term or after termination or expiration of this Agreement,SOB reasonably determines that any payment made by SOB to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determinatipn and request for reimbursetnent from SOB,Contractor shall forthwith return such payments)to SOB. Upon termination or expiration of this Agreement,unexpended funds advanced by SOB,if any shall forthwith be returned to SOB. c. SOB will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made. pursuant to the terrns:of this Agreement 6. S4contractors. Contractor acknowledges that SOB has entered into this Agreement in reliance upon the particular n4wtation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without SOB's prior written consent,which may be withheld in$OB's sole discretion. SOB shall have the right in its reasonable discretion to approve all personnel assigned to 4he subject,Project during the performance of this Agreement and no personnel to whom SOB has an objection,in its reasonable discretion,.shall be.assigned to the Project. Contractor shall require each subcontractor, as approved by SOB and to the extent of the Services to be performed by the subcontractor,to he bound to pp Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contitactor,by this Agreement,assumes toward SOB.SOB 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. lns'srance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance cdverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. 2 SNROB General Services Final 5/14 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 occunence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include SOB,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 SOB separate certificates and endorsements for each subcon tractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the SOB is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or tights,immunities and protections provided by the.Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to SOB,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 tounemployment 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 SOB,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which SOB may become subject to insofar as any such losses,claims,damages or liabilities arise out of directly or indirectly,this Agreement,of are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;and Contractor shall reimburse SOB for reasonable attorney fees and costs,legal and other expenses incurred by SOB 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 SOB to the extent that SOB 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 elechonic files)and materials obtained during, purchased or prepared in theperformance of the Services shall remain the property of SOB and are to be delivered. to SOB 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 3 SNROB General Services Final 5/14 / the date,lure 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)day s prior written notice of such change to the other party. SOB: I Attention:Fill Klosterman 500 Broadway Post Office Box 850 Eagle,CO B1631 Telephone:970-328-8773 Facsimile::970-328-8787 E-mail:jilt:klosterman@eaglecounty.us With a copy to: Eagle County Attorney 500 Broaday Post Oflic Box 850 Eagle,Co 1631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-mail:atti @eaglecounty.us CONTRACTOR: Turtlevida,'LLC Lance Ilalde PO Box 3163 - Avon,CO$1620 (p)970-390-0155 (c)970-33115239 11. Termination. SOB 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)calendiu days'prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide SOB with all documents as defined in paragraph 9 hereof in such format as SOB shall direct and shall return all SOB owned materials and documents. SOB shall Fitly Contractor for Services satisfactorily performed to the date of termination. - 12. Veinue.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 ex elusive 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 counterpart#,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 diliivery 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. 4 SNROE General Services Final 5/14 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 snake,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 SOB 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 taxi omissions in performance of the Services. The fact that SOB has accepted or approved the Services shall not.relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate,supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. £ Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of SOB. 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 SOB and Contractor except that of independent contractor.Contractor shall have no authority to bind SOB. h. Contractor represents and warrants that at all'tinres in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. This Agreement contains the entire agreement between the parties with respect to the subject math 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 SOB. 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. 5 SNROB General Services Final 5114 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. ink. 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 avet to their knowledge,no employee of SOB 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. a. 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.sec.If Contractor has any employee§or subcontractors,Contractor shall not i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or 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 SOB 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 regttired 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 con.tracted with an undocumented individual. c. If Contractor violates these prohibitions, SOB 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 SOB. d. SOB may notify the Colorado Secretary of State if Contractor: violates this provision of this Agreement and SOB terminates the Agreement for such breach. [Rest of page intentionally left blank] 6 SNROB General Services Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. Seniors on Broadway LP By Seniors on Broadway LLC,its general partner By Golden Eagle Elderly Housing Corporation,its sole member By: Jill Klos man,Secretary CONTRACTOR: TURTLE\rID1A,LLC By: `� Print Name: WWC '-` C Title: 7:32-€31 'EXIT 8 SNROB General Services P naI 5/14 EXHIBIT A SCOPE OF SERVICES,SCHEDULE,FEES 8 SNROB General Services Final 5/14 it I IRRIGATION r LANDSCAPING Landscape Maintenance Contract Table of Contents 1. Service qualifications and definitions A. Scope of Work B. Definitions C. Insurance D. Damages E. Weather Permitting F. Emergencies G. Personnel H. Licenses and Permits I. Modifications J. Performance Evaluation II. Technical Specifications A. Turf Care 1. Mowing 2. Trimming 3. Edging 4. Area police 5. Weed Control 6. Fertilization 7. Aeration B. Bed Care and Planted Material Care 1. Schedule of Activity and Inspection 2. Bed Care 3. Planted Material Care C. Irrigation Control and Maintenance 1. Activation 2. Regular Maintenance 3. Winterization 4. Miscellaneous Ill. Landscape Proposal IV. Acceptance Form I. SERVICE QUALIFICATIONS AND DEFINITIONS A. Scope of Work: TurtleVida,LLC shall furnish all labor,materials and equipment necessary to provide high quality professional landscape maintenance services in a timely manner through the use of qualified,trained personnel and by using practices and methods recognized and accepted as standards in the industry. TurtleVida,LLC will provide turf care,planted material care,fertilization,weed control, irrigation maintenance and any other items outlined in this contract. B. DefinOtions: The term"Contractor"where used in this agreement shall mean TurtleVida,LLC. The representing Member being Kenneth Cook. The term"Contracting Officer"where used in this agreement shall mean William Wright. C. Insurance: Contractor will carry complete and adequate workman's compensation,automobile and public liability ihsurance in the amount of not less than$1,000,000 and will name Contracting Officer as an additional Insured if required. Contractor will supply Contracting Officer with a certificate of insurance upon request for Such coverage prior to commencement date. All insurance certificates will state that the insurance carrier will give the Contracting Officer 30 days notice of any cancellation or material change in the policyiies. D. Damages: Contractor will be responsible for any damages to the property caused by his work force while engaged in the performance of the duties outlined by this agreement. The cost of all repairs will be borne by the Contractor. Contractor will be liable for improper mowing,pruning,fertilization or other services listed here. E. Weatl er Permitting: II items in this agreement are stated assuming that weather conditions are favorable to the proper performance of the applicable job task. Contractor is not to be held responsible,in any way,for delays in the Completion of specified tasks due to weather conditions that prevent performance of the applicable job tasks. F. Emergencies: The Contractor is available by phone to respond when necessary to emergencies which may arise. Emergencies are defined as items which,by their nature,cannot be postponed and may cause damage to persons or property. Response to emergencies will be by whatever means are most practical to remedy a particular situation. Contractor is entitled to reasonable compensation for emergencies based on contract hates. G. Personnel: . Contractor's employees shall conduct themselves in a workmanlike manner at all times. Contractor will provide adequate supervision at all times. In addition to the general labor force,experienced,qualified personnel will be used to perform such specialized tasks as pruning,irrigation programming and repair and Weed control. H. Licen es and Permits: ontractor shall be responsible for obtaining and paying for all licenses and permits required by Federal, tate and Local laws that are necessary for the legal operation of the Contractor's business. However, special permits(such as special watering permits)will be obtained by Contractor,but at the expense of the Contracting Officer. I. Modifications: In all cases,"Technical Specifications"shall supersede or modify items stipulated in the"Service qualifications and definitions". Contractor will perform on a monthly,weekly,or bi-weekly basis all functions and activities as outlined in the"Technical Specifications". Contractor also agrees to perform additional work as needed or asked for by Contracting Officer with compensation based on contract rates or other agreed on pricing. J. Performance Evaluation: Contractor will be available to attend inspections with the Contracting Officer in order to ensure satisfactory performance. 48 hours advance notice is required. II. TECHNICAL SPECIFICATIONS A. Turf Care 1. Mowing All turf areas shall be mowed weekly,or as needed,during the growing season. Mowing height will be at 2.5-3 inches,or at a mutually accepted height. Frequency of mowing may vary in the spring and fall due to seasonal weather conditions and growth rate of turf. Grass catchers will be used only if there is a specific need or request. Excessive clippings will always be removed from turf,driveways,sidewalks,porches,ect. 2. Trimming All turf areas inaccessible to mowing equipment will be trimmed as needed weekly. All native areas needing trimming will be done so at Contractor's discretion or as requested. Trimming of native areas not Included in this contract to be compensated based on contract rates. 3. Edging(Optional): Edging of walks,curbs,ect will be done upon request. Edging is limited to concrete areas to avoid damage to irregular asphalt,flagstone,brick,wood walks and decks. Edging to be compensated based on contract rates. 4. Area Police: All Landscape areas including beds and grass areas will be policed,within reason,for loose trash and debris in conjunction with mowing operations. Policing also includes removal of grass clippings from all walkways. When removed,rocks and bark shall be placed back into beds. Policing does not include parking lots or the clean-up of areas due to vandalism,dumping,improperly contained dumpsters or trashcans,ect. 5. Weed Control: All turf areas will be sprayed for the control of broadleaf weeds as noted on Landscape Proposal. First application will be applied in the early spring as weather permits,the second application in August or September. Cost of weed control material is the responsibility of Contractor. 6. Fertilization: All turf areas will be fertilized as noted on Landscape Proposal. Care will always be taken to clean fertilizer off all sidewalks,ect. Contracting Officer may request to be notified in advance of fertilizer applications. Cost of fertilizer is the responsibility of Contractor. 7. Aeration: All turf areas will be aerated as noted on Landscape Proposal. B. Bed Care 1. Schedule of Activity and inspection: Contractor will notify Contracting Officer of bed care schedule,if different from turf care schedule. Usually, bed care is completed bi-weekly(every other week)unless otherwise requested. Completion of this work • may be verified during inspections by Contracting Officer per"Service qualifications and definitions" paragraph(J). 2. Bed Care: All bed areas will be checked at the beginning of the season and on a monthly basis for mulch coverage. If additional mulch is needed,this will be brought to the attention of the Contracting Officer. If approved, Such work will be billed as an extra. Beds will be kept free of weeds,suckers and grasses by means of Chemical control,mechanical cultivation or hand weeding as necessary or requested. Every effort will be Made to control grasses and/or weeds growing directly in shrubs and ground cover. All beds shall be Gleaned of dead leaves,twigs and fallen limbs on a regular basis. 3. Piantefd Material Care: a. Contractor will monitor,on a regular basis,the health of all plant material and make necessary recommendations to the Contracting Officer with respect to fertilization,insect and disease control, replacement of dead plant material,ect. b. Pruning of trees will be done as requested by Contracting Officer. Pruning of all other bed material is included on Landscape Proposal as Garden Spring Clean Up and Garden Fall Clean Up. a. Due to the variable and unpredictable nature of insect and disease problems,trees and shrubs may be sprayed yearly or on an'as needed'basis. Contractor will perform this at the Contracting Officer's discretion. d. Any new plantings will be billed on a time and materials basis. A separate proposal will be provided for this. Contracting Officer to approve these costs prior to work commencing. C. Irrigation Control and Maintenance 1. Start Op: Contractor shall be responsible for determining when to start up irrigation system. Start up usually occurs in May,depending on weather conditions. At the time of start up,all necessary repairs will be made to bring the system up to operating condition. These repairs will be done on a time and material basis. 2. Regular Maintenance: a. After system is activated and operating,Contractor will be responsible for periodically checking the system to ensure the continuance of proper operation. b. Checking of the irrigation system shall include: 1)Checking irrigation controller for proper function. 2)Turning on all valves to insure proper function. 3)Visually inspecting all irrigation heads for proper operation and coverage. C. Any malfunction or broken parts found on the irrigation system will be repaired on a time and materials basis. Irrigation labor will be charged as noted on Landscape Proposal. d. Contractor shall keep the need for water conservation in mind. Water conservation techniques and equipment are always available for the property. Contractor will be pleased to explain to Contracting Officer his/her options for water conservation methods,xeriscaping options and other solutions. 3. Winterization: contractor shall be responsible for determining when to winterize the irrigation system. Winterization will Occur no later than October 31st. 4. Miscelllaneous: Contractor shall not be held liable for any damages caused by malfunctions of the irrigation system not caused by Contractor. Contractor shall not be held liable for any issues or problems arising from Contracting Officer's or outside parties'adjustments to irrigation or the irrigation controller. III. 2015 LANDSCAPE PROPOSAL Dear Mr. Wright, Here is our proposal for landscape maintenance at your property for the 2015 season. It is based on a 21 week period beginning May 11th to September 25th, and includes the week of October 5th-9th for a final mowing. These dates are based on an average maintenance season in the Vail Valley. Of course, everything is dependent on early and late season temperatures, and these dates may change accordingly. Below are suggested services we offer. Please check only the services you are interested in. mark(x)at services desired Per Hour/Week/Year 2015 Estimate _LAWN SPRING CLEAN UP (incl.thatching) $35/Hour $105 _CUT AND TRIM LAWN $40/Week $800 _LAWN FERTILIZER $75/Year (2X) $75 _WEED CONTROL $50/Year (2X) $50 _LAWN AERATION $100/Year (2X) $100 _LAWN FALL CLEAN UP $35/Hour $105 _GARDEN SPRING CLEAN UP $35/Hour $280 _GARDEN MAINTENANCE $40/Bi-Weekly $440 _GARDEN COMPOST/MULCH $/Year $NA _GARDEN FERTILIZER $/Year $NA _GARDEN FALL CLEAN UP $35/Hour $105 _IRRIGATION START UP $50/Hour $150 _IRRIGATION WINTERIZATION $08/Zone $240 _DISPOSAL FEE $80/Year $80 2015 Estimate Total: $2,530 Addition irrigation labor will be billed at$50/Hour and additional landscape labor will be billed at$40/Hour. We are happy to provide you with additional pricing for landscape construction or renovation projects, or for other items like tree spraying or deep root fertilizer upon request. We also offer water conservation methods and consulting, xeriscaping solutions, fire mitigation, and tree removal and planting. Please sign and return with Acceptance Form. Signed Date IV. Acceptance Form DAVE: November 30, 2014 PROPOSAL SUBMITTED TO: William Wright ADt RESS: 4923 Lake Creek Village Drive CITY, STATE AND ZIP CODE: Edwards, Colorado 81632 EMAIL: william.wright @eaglecounty.us PHONE : 970-926-4552 FAX: 970-926-4553 JOB NAME: Seniors On Broadway JOI$ LOCATION: 750 Broadway, Eagle JOB PHONE: 970-328-8770 WE REREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: 750 Broadway,Eagle. All nhaterial Is guaranteed to be as specified. All work to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upofl written orders,and will become an extra charge over and above the estimate. All agreements contingent upon delays beyond our control. Owners must carry all necessary insurance. TurtleVida Landscaping,LLC is fully insured. Our workers are fully covered by Workmen's Compensation Insurance. We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: Costs as noted on III. 2015 Landscape Proposal for Seniors On Broadway. Payment to be made as follow: Within 30 days of receiving invoices. TERMS: Service Charge of 1 1/2%will be added to all past due accounts. Authorized Signature Kenneth R.Cook, TurtleVida, LLC. Date 11/30/14 Note:This proposal may be withdrawn by us if not accepted within 30 days. Thelabove prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the Work as specified. Payment will be made as outlined above. Acceptance of Proposal Title Date of Acceptance EXHIBIT B INSURANCE CERTIFICATE 9 SNROB General Services Final 5/14 I ACG CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 41......---- 4/16/2015 THIS CERTIFICATE I ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES OT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERT FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE 0 PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the c rt)flcate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditi ns of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in 11 u of such endorsement(s). PRODUCER CONTACT SHANNON TARUFELLI NAME: Keller-Lowry Insurance Inc l r PHONE P t1 (303)756-9909 I C.Not(303)756-8019 1777 S Harrison St #700 E-MAIL icanhel @kellerlo com ADDRESS: P wsy• INSURER(S)AFFORDING COVERAGE NAIC 0 Denver CO 80210 INsuRERA:Secura Insurance Companies 22543 INSURED INSURER S:Pinnacol Assurance 41190 Premier Landscapes Inc INSURERC: Turtle Vida Lan lscaping,Inc INSURER 0: P.O. BOX 997 INSURERE: Minturn CO 81645 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 GL AU WC 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 CONQITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR TYPE OF IN RANGE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR, INSR WVD POLICY NUMBER ,(MMIDDIYYYYI (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 500,000 A CLAIMS-MADE 1 n OCCUR X TC3192227 5/15/2014 5/15/2015 MED EXP(Any one person) $ 5,000 _ PERSONAL&ADV INJURY $ included --- GENERAL AGGREGATE _ $ 2,000,000 � GEN'L AGGREGATE LIMpIt, APPLIES PER: PRODUCTS-COMP/OP AGG $- 2,000,00 0 X I POLICY j�z n LOC $ AUTOMOBILE LIABILITY, (COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 3192228 5/15/2014 5/15/2015 BODILY INJURY(Per accident) $AUTOS NON-OWNED PROPERTY HIRED AUTOS AUTOS (Per accident) — ` Uninsured motorist combined $ 1,000,000 UMBRELLA LIAR _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETE ION$ $ B WORKERS COMPENSATION I TORY LIMBS I I ER AND EMPLOYERS'LIABI ITT ANY PROPRIETOR/PAR ERIEXECUTIVE N/A EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCL DED? I I 4087386 12/1/2019 12/1/2015 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPER4TIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATION!LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more s pace Is required) Seniors on Broad*ay, LP , its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability and automobile liability policies of insurance CERTIFICATE HOLDEit CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seniors On Broadway, LP ACCORDANCE WITH THE POLICY PROVISIONS. 750 Broadway P.O.Box 850 Edwards, CO 81631 AUTHORIZED REPRESENTATIVE — m_ -o T Sibelius CIC CRM/SR ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS02517ninna)n1 Thn ArtnRA namra 2nrf inn Ana reniefnrerl marks:of A(ARn ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Assigned risk add'I premium ARAP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium retention -$763.00 Ref# Description Coverage Code Form No. Edition Date Premium discount PDIS Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$10.00 Ref# Description Coverage Code Form No. Edition Date Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $165.00 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$972.00 Ref# Description Coverage Code Form No. Edition Date Increased Limits Factor INCLF Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $331.00 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc. i ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Blanket Additional Insured Wrap ILE1037 i Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Blanket Waiver-ILE1037 Limit 1 Lirnit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Primary Non Contributory Limit 1 Li it 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Employee Practices Liability Ins-EPL1000 Limit 1 Lirnit 2 Limit 3 Deductible Amount Deductible Type Premium 100,000 100,000 5,000 Flat Ref# Description Coverage Code Form No. Edition Date Full Glass Coverage-CAE3000 Limit 1 Lib*2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Unlit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 $160.00 , Ref# Description Coverage Code Form No. Edition Date Business Autp Wrap-CAT1000 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $320.00 Ref# Description Coverage Code Form No. Edition Date Blanket Addi>jional Insured CAE010 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $150.00 Ref# Description Coverage Code Form No. Edition Date Managed Care Option MCARE i Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$279.00 Ref# Description Coverage Code Form No. Edition Date Foreign Coverage FORGN Limit 1 Lihnit 2 Limit 3 Deductible Amount Deductible Type Premium terrorism , $30.00 i i Ref# Description Coverage Code Form No. Edition Date WC&Emplcper's liability WCEL Limit 1 Lilmit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001,AMS Services,Inc.