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HomeMy WebLinkAboutFOOTHILLS TRUCKING LLC (RICK FORD) - CONTRACT - BID - 7210 HAULINGSERVICES 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 r/bik4i 1h IVU"ereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of 2 page 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 March 31, 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 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 3 SA rev03/10 6/7/2011 Colorado Workforce by the Colo. Dept ... t Text Only Espanol E-Services Contact Us CDLE Home State Home Search Ul Benefits yJorkers' comp Labor Market Info Employment & Training Labor Laws oil & Public Safety What's New? Contact Information Workers' Compensation Act Rules of Procedure Medical Treatment Guidelines Official Fortes Publications Interpretive Bulletins — lists EDI/Online Filing Employers' Insurance Coverage Verification Do I Need Insurance? Woking For Insurance? Dispute Resolution Other Agencies Statistics En Espanol Contact the Webmaster Return to Home Page Workers' Compensation Coverage Rejection This screen allows mtalested parties to search for evidence of leiecfion ofVlbrkers' Compensation mDerege bysole proprietors, and/or parboers performing mrrskucaon work as well as wpomts officers, members ofan LLC who are aUo at least 10%owners offhe business and parEdpab in the dallyoperadons and%or managementoftha business. Disclaimer Tire irft m m pDOMded bare issom cram wbmit m ate Calo LTtidw of lhedes' Cmnpensason g)ONC). Thera may be enwsarM/ordiaaependes wMthiiirrt)VII wduemm outdMewmnadoltho DOV.C. Therefore, OnNC do»ror gaamrdea this aouax7 al Nlsinfamatlon. eyulnssamh doesmt produces n»dl, thisdasarret nersmnly mean that a reiechoo W wwage hesnot been Ilea Fmiereon mrmsreci ned by DDwC become e8ecgw Me day Mmrall required IIs. aeon tanmited, but pio®eing may role seteml days Faradwgorol infmmacon mas9aerroa MM wrilyhg milli on of Nbderd Compensslm wvrage. pleat Detect prddner$mwce at r43) 318AT00 in the Search Terms Enter a fug or partial legal name or trade name of the business you are seeking in the appropriate box below Business Legal Name othilk Tnxldng, LLC _l rsSearch Business Trade Names _. near I rmpfoyers- Click on the Green Legal Name Foothills Truddno_ LLC Business Trade Name Last Name I First Name I Middle Name JDate Rejection Rec'd Date Rescind Rac'tl Ford Richard E. 4/25/2011 of coworkforce.com/.../rejectcompliance.as... 1/1 EXHIBIT "C" BID SCHEDULE 7210 Hauling You may attach a separate page with an equipment list-- Please include Contractor name on it. EQUIPMENT YR MAKE MODEL CY YDS. HP $/HR. TRACTOR/TRL TRUCKS $ QVY►l hM1 y�. $ " ML $ DD $ $ $ $ TANDEM DUMP TRUCKS W/PUP $ OTHER EQUIP (LIST TYPE) $ Failure to provide said equipment with qualified drivers as listed in the bid submitted may result in the removal of the vendor's name from the City's bidding list for a period of three years. FIRM NAME_ AAroCorpora ion, Pa nership, DBA, LLC or PC SIGNATURE PRINT NAME—' 94;( ,hU-V� F e_d ADDRESS WAaS St f �-6Y% �,Awj PHONECVV'; `7,4 1 CELL PHONE FAX If I( _ EMAIL foyd 4LoZ2 SVI • Cc 1"&4. rlo, Ctjd.rP55'• P.O &X 32-7/ &A(vat) Co 8b5'12- dcdusp bwbey EXHIBIT D WAIVER OF WORKERS' COMPENSATION BENEFITS FORM The following is a written waiver under the Workers' Compensation laws of the State of Colorado for a Sole Proprietor. The Sole Proprietor must provide the following information, sign, and return the form to the City of Fort Collins Purchasing. I am a sole proprietor and I am doing business as �c ��12 wk (name of Sole Proprietor's business). I am performing work as an independent contractor for the City of Fort Collins, and therefore; I do not need to provide workers' compensation insurance. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them and will send copies to the City within 30 days. Name of Sole Proprietor , CDL No. 616 ' 01 b - Address/P.O. Box E, 0, -Etc w Telephone No. qI0 ^ 4V City to d Zip Code 1 Z Signature of Sole Proprietor Date i E-Mail address .r Y-a q(o'S z MSh .c cwl the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: fvAWAIM Q ti , I-L-G F�Sai_,�a�►d5 � _�wk- jo�ttivcy :CD �os� M61;kA� �ddn P 0 boX 32'I P�¢Ilvue� CO SKI?- 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 one 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. 4 SA rev03/10 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. Warranty. 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 party shall be allowed a period often (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- 5 SA rev03/10 defaulting party for the non -defaulting parry'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 Providers 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 M SA rev03/10 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 orderto 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. SA rev03/10 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. L, SA rev03/10 CITY OF FORT COLLINS, COLORADO a municipal corporation ewx-j-0*- Jame B O'Neill ll, CPPO, FNIGP Direct of Purchasing and Risk Management ? Date: , j �-0 !i By I U WO -VA f'DYL! PRINT N ,?i'O�Et� . �i u�,, ,7 CORPORATE PRESIDENT OR \ ACE PRESIDENT Date: U --IJ�'( ( ATTEST: (Corporate Seal) CORPORATE SECRETARY SA rev03/10 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. 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. Employer's Liability insurance with limits of $100,000 peraccident, $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. SA rev03/10 ACORD CERTIFICATE OF LIABILITY INSURANCE o6�i5�2o )) PRoouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SKIES WEST INS AGCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1531 RIVERSIDE AVE UNIT A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FORT COLLINS, CO 80524 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (970) 223-7611 I INSURERS AFFORDING COVERAGE INSURED ERA INSURER A� ACUITY INS Co FOOTHILLS TRUCKING, LLC INSURB. P.O. BOX 327 (INSURER C', BELLVUE CO 80512- I INSURER O: — INSURER E: rnveoeree —_. 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY LIMITS I EACH OCCURRENCE IS A ® COMMERCIAL GENERAL LIABILITY X14057 03/26/2011 1 000, 000 03/26/2012 FIRE OHMAGE Lre) ❑ CLAIMSMADE 971 OCCUR (Any ono S MEDEXP(Any one person) IS 5,000 ❑❑ PERSONAL LADY INJURY S 11000,000 GENERAL AGGREGATE $ 1,000,000 GGE��N'L AGGREGATE LIMIT APPLIES PER: L�II POLICY ILII PFrj RO- fI LOC PRODUCTS - COMP/OP AGO IS 1,000,000 AUTOMOBILE LIABILITY ANV AUTO COMBINED SINGLE LIMIT I (Ee aabent) �S 11000,000 ICI ALL OWNED AUTOS A I800 SCHEDULED AUTOS IX14057 03/26/2011 03/26/2012 ' INJURY IS ❑ ( HIRED AUTOS (Per"JI IPer penal) I]J NON-OWNEDAUTOS INJURY I BODILY acci em) S PROPERTY I(Perracaa I8 rtDAMAGE I$ GARAGE LABILITY (AUTO ONLY - EA ACCIDENT IS ❑ ANY AUTO ❑ ( I OTHER THAN EA ACC IS S EXCESS LABILITY AUTO ONLY: AGG I ET OCCUR ❑❑ CLAIMS MADE EACH OCCURRENCE IS AGGREGATE IS S DEDUCTIBLE _El I❑ RETENTION S-- s IS AND WORKEEMPLOY WC STATU- IOTH- RS' UABNSATION EMPLOYERS'UABILITY ER EACH ACCIDENT S I I I 'EL EL DISEASE -EA EMPLOYEES I E.L. DISEASE -POLICY LIMIT IS OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE%CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS reorlurAre urr ..cn If411 CITY OF FORT COLLINS SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION PURCHASING DIVISION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYSWRITTEN PO BOX 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FORT COLLINS CO 80522- REPRESENTATIVES. 25S (7197) t=lDACOR rnaanaATlnM .o9A