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HomeMy WebLinkAboutLAFARGE WEST INC - CONTRACT - BID - 7195 CONCRETE REQUIREMENTSSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and LaFarge Concrete, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of 14 pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2011, and shall continue in full force and effect until February 28, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall .be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to AGENCY CUSTOMER ID: 570000031880 LOC #: ACC)RADDITIONAL REMARKS SCHEDULE Perna l of I AGENCY NAMED INSURED Aon Risk services Central, Inc. Lafarge West, Inc POLICY NUMBER See Certificate Number: 570041794916 CARRIER NAIL CODE See Certificate Number: 570041794916 EFFECTIVE DATE: no THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: contract but limited to the operations of the insured under said contract, and always subject to the policy terms, conditions and exclusions. ---- - r cV zuus ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REV. SYM: EXHIIBIT A THE CITY OF FT. COLLINS Light and Power Department MATERIAL SPECIFICATION NO: 2E6-521 TITLEY READY MIX CONCRETE SLURRY CONCRETE FLOW FILL (a.k.a. lion -Yielding) BACKI=ILI., SAND & WATER MIX PREPARED BYs Doug Martine Asnoc;iate Distribution Engineer APPROVED BYt Bob Hover Planning & Distribution Engineer APPROVED B Y : { ,C'a-C y=.--. Allen S o u s tx e e Systems Engineering Manager I REV. SYM: A. REVISION --SCRIPTIUN change Plow -Fill backfill Specification for APPROV912 4-10-90 DM 28 day compressive strength from 60 psi, min. and 90 psi max. to 60 psi max. (no min.) B. Add Ft. Collins Ready -Mix to the approved 7-16-93 DM supplier's list (appendix A) for slurry concrete. C. Add Bestway concrete to the approved 5-30-91 DM supplier's list (appendix A) for ready -mix concrete, flow -Pill backfill, and sand and water mix. D. Add Bestway Concrete to the approved 6-25-92 DM supplier's list (appendix A) for slurry concrete. E. Remove Bestway concrete from the approved 11-14--94 BY suppliers list per letter from .James Q'A1eill F. correct Zip code on mailing address of Purchas 6-8-95 DM and Risk Management. G. Correct phone number of Doug Martine 6-8-95 DM H. Add EZ Pour Ready Mix to approved supplier's list (Appendix A) 10-10-05 BV 2 REV. SYM: G LIST OF ACTIVE PAGES ORIGINAL PAGES ADDED PAGES SHEET REV. SHEEP REV, 51-ISET REV. NO. SXM. NO. SXM. NO. SXM. 2 A,B,C,D E,F,G 13 A 12 B,C,D,E v F,G ' + M wcu 9691 _ REV. SUM: 1'AC, E Title Page 1 Revision Record 2 List of contents 3 scope of specification 4 Applicable Reference Documents 5 Genera]. Requirements 5 Delivery 7 Mix Designs 7 Field Control Testing 8 Approved Supplier Requirements Q Withdrawal of Contractual. Award 10 Evaluation of Proposals 10 Approved Suppliers (Appendix A) 12 Mix Description (Attachments A through D) 13-16 A REV. SYTI& 1.0 SCOPE: This specification sets forth minimum requirements for the making, delivery and off-loading of concrete mixtures and sand & water mix, as described in attachments A through D of this document, for use by the City of Ft. Collins Light - and Power utility. Finishing will be by the City. 1.1 Specific requirements for design of the item(s) to be bid are listed in attachment(s) to this document. 2.0 APPLICABLE DOCUMENTS 2.1 American Society for Testing and Materials (ASTM) Standards, 26th edition, ) 1989, or later edition. 2.1.1 American concrete institute (A.C.I.) standards, Q 1989, or later revision. K. L"rA�1.11N.1w.%t4RLOIIBngfcfQlzozumpl=QLOJ94K"JQL";4pumym?a.lol--�—cojew,�—m�iI Production, transportation, and off loading shrill be by a company specializing in providing concrete mixtures and services normally associated with concrete production and delivery. Personnel at the batching and mixing plant, as well as the delivery driver shall be qualified and experienced. 3.1 MATERIALS 3.1.1 Cement shall be standard brand Portland cement, conforming to ASTM C 150 for Type I-12. 3.1.2 Water shall be potable, clean and free from objectionable quantities of silty organic matter, alkali, salts and other impurities. 3.1.3 Fine Aggregate shall be clean, hard natural sand conforming to ASTM C 33. 3.1.4 Coarse Aggregate shall be hard, durable, clean crushed stone or gravel conforming to ASTM C 33. 5 REV. sYM: 3.1.5 Air Entraining Agent shall conform to ASTM C 260. The air entraining agent shall be added to the batch in a portion of the mixing water. The solution shall be batched by means of a mechanical batcher capable of accurate measurement. 3.1.6 Admixture may be added to concrete mixes to control the set, effect water reduction and increase workability. The admixture shall be a water -reducing normal or retarding admixture conforming to ASTM C 494 but shall contain no calcium chloride. The required quantities of cement shall be used in the mix regardless of weather or not any admixture is used, the quantity of admixture used and the method of mixing shall be in accordance with the manufacturer's instructions. 3.1.7 Fly Ash shall conform to ASTM C 618 Type C or F. 3.1.8 Water, or other adders, added a the job site by the truck driver shall be the responsibility of the providing company, unless directed by Light and Power personnel. 3.1.9 The temperature of the material, when off-loaded from the delivery truck shall not exceed 900 F. In cold weather conditions, the temperature of material at the time of mixing shall not be less than that indicated in the following table for corresponding outdoor temperature (in shade) existing at the time of placement. outdoor Temperat177'P__ Concrete m, ;par�rE�rr� Below 300 F. 700 F Between 300 F. & 45° F 60° F Above 450 F. 450 F 3.2 CONCRETE BATCHING AND HANDLING 3.2.1 The ready -mix batch plant equipment and facilities must comply with the requirement of ACI 304 and ASTM C 94. 3.2.2 Concrete shall be measured, mixed, and delivered in accordance with ASTM C 94. All concrete not placed Within 1 1/2 hours of initial contact of cement and water shall be rejected. 3.2.3 Where additional water is added to concrete mixes, it shall be mixed thoroughly for 40 revolutions of drum or 3-1/2 minutes at mixing speed, whichever is greater. F REV. SYM: 3.3.2 Bidder agrees to on site plant inspections without prior notice both prior to bid award and during the period of the contract. Inspections will be during normal working hours. 4.0 UELIVERY 4.1 Material shall be delivered to the job site, at various locations around Ft. Collins, in truck mixers of the revolving drum type. Trucks shall be equipped with a mixing water tank. 4.2 Response time from order, to product delivery to the work site, shall not exceed 2 hours unless agreed otherwise by Light and Power. 4.3 At the city's option, .it may be necessary for one delivery truck to be standing by at the work site ready to unload upon completion of delivery from another truck. 4.4 A delivery ticket shall be prepared for each load of material delivered. A copy of each ticket shall be handed to the Light and Power Crew Chief (or his designate) by the truck operator at the time of delivery. Tickets shall sho41 the mix identification, the number of cubic yards delivered, the outdoor temperature in the shade, the time at which the cement was added, and the numerical sequence of the delivery. 5.0 mix DESIGH5 5.1 Written mix design shall be included with the bid proposal. 5.2 Design mix shall contain all admixtures required by these specifications and proposed by the bidder to be used in the mixture. 5.3 In lieu of designing new mixes for each bid proposal, existing mix designs meeting all requirements specified for each mix and used successfully on previous bids may be used provided the following is submitted with the bid proposals A. Report of mix design and previous test results for that exact mix. B. Reports of at least 3 sets of 7 and 28-day compressive strength tests for ready -mix concrete, or 3 sets of 24 hour and 28-day compressive strength tests for Flow -Fill backfill mix made during the last six months. C. Reports of compliance tests of fine and coarse aggregates made during the last six months. 7 REV. SYM: G s.l Tests, consisting of aggregate gradation tests, slump tests, air content tests, temperature testing, and/or the securing of compression test cylinders, may be made at the discretion of Light and Bower. These tests will be performed by an independent testing laboratory selected by the City. The costs for field tests will be borne by Light and Power, unless the tests show failure to meet specifications outlined in this document. In the event of failure, the costs for testing, and all expenses incurred by Light and Power to remove and replace the defective materials, if necessary, shall be borne by the: company providing the material. � 3 � • . 3 � . q ��;i,•J:Z�.o(!�Y�l;i_i.Rl�rtkiil 7.1 Material purchased under this specification shall be from the suppliers listed in Appendix A. Suppliers not listed may submit written proposals demonstrating compliance with this specification and request addition to the approved suppliers list prior to the next request for bids. In addition to inclusion on Approved supplic-ors List, suppliers must satisfy all requirements of this specification to be acceptable. In order to be added to the Approved supplier list (appendix A of this document), a perspective bidder must complete the following requirements and submit the .information to: city of Ft. Collins Purchasing and Risk Management P.O. sox 580 Ft. Collins, Co 80522 Requests for clarifications or information should be directed to: Doug Martine Associate Distribution Engineer (970) 224--6152 R RED'. SYIii: 7.2 In order to be added to the approved supplier list, the following must be submitted prior to the request for bids: 7.2.1 Written mix design. 7.2.2 Certification by an independent laboratory of the city's choice. Certification will include a plant inspection to determine bidder's ability to adhere to the requirements of this specification, including conformance to referenced ACI and ASTM standards. Inspection and certification will be at the expense of the City. A written request for inspection and certification may be submitted to the address above. 7.2.3 Certified test reports from two sets Of compression test cylinders, each from different batches. Reports for ready mix concrete shall include two at 7 days cure, and two at 28 days cure. Reports for Flow -Fill backfill shall include two at 24 hours cure, and two at 28 days cure. compression test cylinders shall be cast and stored as specified in ASTM C 31. Laboratory cured compression test cylinders for Ready -Mix concrete shall be at least 15% greater- than the minimum specified strength. 7.2.4 Certified results of slump tests from each of the two batches. slump tests shall conform to ASTM C 172. 7.2.5 The above tests shall be performed and certified by an independent testing laboratory approved by the city, and be dated no earlier than 24 months prior to bid opening. With written concurrence from the City, test results exceeding 24 months old may be submitted. 7.2.6 Sand & Water mix is exempt from qualification test requirements. 7.2.7 Test reports shall include at least the following information; 1.Description of Material tested. 2.Source of Concrete Aggregate and Cement, 3.Cement Type and Brand. 4. Manufacturer and Brand Name of Admixtures. 5. Proportions of Concrete Mixed Per Cubic Yard. 6.Test Results for each property specified for Design Mix. 7.Date of batch preparation. 8.Date of break tests. 9.City of Ft. Collins Specification Number. 10.5lump of mix, in inches. 11.Breakage strength in pounds per square inch. 12.Signature of a representative of the testing laboratory. 7.2.8 The above qualification tests shall be performed at the expense of the company requesting inclusion in the Approved Suppliers List. REV. SYM : 7.2.9 Three references other than the City of Ft. Collins, from the previous 12 months, business: 1.Name of Companyt Addresst Contact Person & Phone No. 2.Name of Company: Address: Contact Person & Phone No. 3.Name of Company: Address: contact Person & Phone No .,.,.,_... 8.0 WITHDRAWAL O C Purchase order is contingent on conformance with these specifications and attachments. The City reserves the right at any time to cancel the purchase contract, if in the opinion of the City, the product or delivery does not meet specifications, even if non -conforming material has previously been accepted. At the discretion of the City, a supplier providing non -conforming material may be removed from the Approved suppliers list for an indefinite re-- evaluation period of not less than two years. 9.0 EVALUATIQU )F_PJW2DSAL,S 9.1 In evaluation the proposals, the Purchaser will consider whether the Bidder can perform the contract and provide the services specified within the time specified without delay or interference. in addition, the following and any other factors that determine which proposal best serves the interests of the City will be considered. Failure to comply with the requirements of this specification, including 3 positive references, will result in disqualification of the bid. 9.1.1 Proposal price 9.1.2 Qualification Compression Test reports (for concrete mixtures). 9.1.3 Qualification Slump Test reports (for concrete mixtures). 9.1.4 written mix design. 10 REV. sYM: 9.1.5 Aggregate compliance report. 9.1.6 certification as outlined in this specification. 9.1.7 The character, integrity, reputation, judgment, experience, efficiency, and quality of performance of previous contracts or services. 9.1.8 The material bid meets all referenced specifications, without exception (check one): 13 YES Q w) (Attach explanation) 9.1.9 At the discretion of the city, the bid award may be split between two or more bidders. OF REV. SYM: 4 MIX PERFORMANCE 24 HOUR STRENGTH 8 psi Minimum 12 psi Maximum 28 DAY STRENGTH 60 psi Maximum Maximum aggregate size = 1" Cement - Type I -II Ideal (ASTM C 150) SLUMP at point of placement 5" Minimum 8" Maximum ONS (per Cubic Yard of concrete) AMEMME., -01A1 F, Cement - 0.45 sacks 42# 0.21 Cu. Ft. Water - 39 gallons 325# 5.20 Cu. Ft. Air (Entrapped) - 1.5% 0.41 Cu. Ft. 1 " Aggregate - ASTM C 33, Size No. 57 1700# 10.17 Cu. Ft. Sand - ASTM C 33 1t345# 11, . ?erg Cu. Fr, . TOTAL 3 912 #b 27.23 Cu. Ft. Theoretical Unit weight - 143.7#/Cu. Ft. @ 1.5% air Theoretical Yield --- 27.23 Cu. Ft. @ 1.5% air 96 Sand of Total Aggregate - 52% NOTE: Aggregate Weights are based upon materials being in a saturated surface -dried condition. 13 REV SYM, Ise •Ly3+7 28 DAY STRENGTH 30oo psi Minimum Maximum aggregate size - 3/4" Minimum cement content - 5.5 sacks per cu. yd. Fly ash may be used at the bidders option as a partial replacement for cement of not more that 15% by weight of Portland cement in the design mix. Air entrainment to 6%, plus or minus 116 SLUMP - at point of placement 31, Minimum 4 � � Maximum Concrete supplied shall be suitable for finishing. 14 R �� 28 DAY STRENGTH 1000 psi Minimum Maximum aggregate size = 3/811 Minimum cement content = 4 sacks per cu. yd. Fly ash may be used at the bidders option as a partial replacement for cement of of more than 1596 by weight of Portland cement in the design mix. Air entrainment - None required sLVMP - at point of placement 7" Minimum 9" maximum I REV. SYM, A2:T6GHMEUT D Approximately 3200 lbs. of sand with 50 -- 55 coal. of -vfater, depending on moisture content of sand. This mix is expected to flow unassisted, around underground electrical equipment: such as vaults, conduits, and street1ight poles. 16 EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Rev7/2009 8 EXHIBIT "C" ESTIMATED QTY. DESCRIPTION UNIT 1. 1,800 cu. yds. Sand and Water Mix $ ...�� : �.� Icy per the Specifications of Attachment D 2. 3,500 cu. yds. Non -yielding Backfill $ ,!� j. tC /cy per the Specifications of Attachment A 3. 1,000 cu. yds. Slurry Concrete $ _r >r ( :'_� /c y per the Specifications of Attachment C 4. 130 cu. yds. Ready -Mix Concrete $ {.,�. L.'C) lcy per the Specifications of Attachment B DELIVERY CHARGES: Over 5 miles from urban growth area of Fort Collins, non -mountains, ADD $. per load mile. Over 5 miles from urban growth area of Fort Collins, in mountains, ADD $/_ per load mile. Minimum load is _cy. Additional charges if less than minimum load is required will be $ cy/load. BIDDER'S STATEMENT: I certify that my firm has been approved to supply the materials above and further certify that all materials supplied do now and will, for the term of this award, comply with the attached Material Specification #366-501. i understand any deviation from the Specifications can disqualify my bid for that material. FIRM NAME: ...5�.1 t �. lti C 1 ADDRESS 'C1(: % h I _/C PHONE/FAX `/ /(-) L-/Cj BY: f,�..f�.�(.i f'1..L�E✓ � � �� �:.t��_f......__ i.) C i ��t F_. (Signature) (Printed) 4 ' &J (Title) SA rev03/10 the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins LaFarge Concrete Attn: Purchasing Attn: Bruce Vogel Attn: Bernie Lucero PO Box 580 PO Box 580 1800 N Taft Hill Rd Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80521 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of 1 page, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warran a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either parry should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting parry shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting parry for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101 C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program'), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. `Sp st � S; ii;(lyitt �r} .Pe�"n��'�t �4V�yc� �ICr aaxlrNN CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame . ONeill 11, CPPO, FNIGP Directo'r,oVPurchasing and Risk Management Date: �7� 1 cl, / u LaFarge Concrete M PRINT CORPORATE PRESIDENT OR VICE PRESIDENT /�/ Date: �'� �r,�O l ATT _ � j // , �,� (Corporate Seal) CORPORATE SECRETARY L 7 SA rev03/10 CERTIFICATE OF LIABILITY INSURANCE DAT03n 8/220111 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER Aon Risk Services Central, Inc. Philadelphia PA Office One Liberty Place 1650 Market Street suite 1000 CONTACT NAME: PHONE (g66) 283-7122 (A/C. No. EXt): FAX No.): (847) 953-5390 E-MAIL PRODUCER CUSTOMER ID #: 570000031880 Philadelphia PA 19103 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED Lafarge west, Inc 1800 North Taft Hill Road, INSURER A: National Union Fire Ins Co of Pittsburgh 119445 INSURERS: Insurance Company of the State of PA 19429 INSURERC: Granite State Insurance Company 23809 Fort Collins CO 80521 USA INSURER D: Illinois National Insurance Co 23817 INSURER E: INSURER F: 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 requeste INSR LTR TYPE OF INSURANCE ADD INSR SUBR WVD pOLICV NUMBER POLICYEFF MM/DD POLICY E P MM/DO/YYYY LIMITS A GENERAL LIABILITY GL 7 CM 110112010 1 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY AMAGE N I ED $500, 000 PREMISES Ea occurrence MED EXP(Any one person) $50,000 X CLAIMS -MADE ❑OCCUR PERSONAL B ADV INJURY $2,000,000 GENERAL AGGREGATE $2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 X POLICY PRO - A A AUTOMOBILE LIABILITY CA 1607650 07/01/2010 0701/2011 COMBINED SINGLE LIMIT Ea accident $2,000,000 A X CA 1607651 (MA) 07/01/2010 07/01/2011 BODILY INJURY (Per person) A ANY AUTO CA 1607652 (OR) 07/01/201007/01/2011 A ALL OWNED AUTOS CA 1607653 (VA) 2010 07 Ol / / 07/01/2011 BODILY INJURY (Per accident) SCHEDULED AUTOS PROPERTVDAMAGE HIRED AUTOS Per accident NON OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DEDUCTIBLE RETENTION B WORKERS COMPENSATION AND wC5145487 (AOS) 07/O1/2010 07/01/2011 X WC STATU- OTH- C EMPLOYERS' LIABILITY YIN wC 5145488 (CA) 07/01/2010 07/01/2011 TORY LIMITS ER E.L. EACH ACCIDENT $2,000,000; D ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBEREXCLUDED' N NIA WC5145489 (FL) 071011201007/01/2011 E.L. DISEASE -EA EMPLOYEE $2, 000,000� C (Mandatory in NH) WC5145490 (LA,etc) 07101120100710112011 D If yes, describe under DESCRIPTION OF OPERATIONS below wC5145491(MI) 07/01/201007/01/2011 E.L. DISEASE -POLICY LIMIT $2:000,000r ■ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) r City Of Fort Collins, its officers, agents and employees are included as Additional insured (except on workers' Compensation) as respects to operations of the named insured r where required by written contract. waiver of subrogation is granted in favor of certificate holder by r as required written B CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Fort Collins PO Box 580 AUTHORIZED REPRESENTATIVE 215 N. Mason St 2nd Floor Fort Collins CO 80522 USA • iJiLu✓C �st�tYxQ CMG �/na ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Attachment to ACORD Certificate for Lafarge West, Inc The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED Lafarge West, Inc 1800 North Taft Hill Road, Fort Collins co 80521 USA ADDITIONAL POLICIES INSURER INSURER INSURER INSURER INSURER If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL LNSR SUBR %%'VD POLICYNU\IBER/ POLICY DESCRIPTION POLICYEFF (MM/DD1Y1- POLICYEXP ) (RIM/DDA'1'Yl) LIMITS WORKERS COMPENSATION B N/A WC5145492 (N3) 07/01/2010 07/01/2011 A N/A WC5145493 (OR) 07/01/201C 07/01/2011 B N/A WC5145494 (WI) 07/01/2010 07/01/2011 Certificate No : 570041794916