12-01-2018 Snow Removal Property ImagingIndependent
A Contractor Service
A-von Agreement
coiohAUD For 2018-2019 Snow Removal
This Independent Contractor Service Agreement ("Agreement") dated as of Deoember1,2018bMach
31, 2019, is between the Town ofAvon, a Colorado home rule community ("Town") and Property
Imaging("Contractor")
1. Services: Contractor agrees to provide services ("Services") as described in the proposal
("Proposal") attached to this Agreement. To the extent the provisions of this Agreement conflict with the
Proposal, the terms of this Agreement shall control. Contractor shall provide and complete the Services in
a workmanlike fashion. Contractor hereby warrants that it has the workforce, training, experience and
ability necessary to properly complete the Services in a timely fashion. Contractor will comply, and cause
all of its employees, agents and subcontractors to comply, with applicable safety rules and security
requirements while performing the Services.
2. Independent Contractor: The Contractor shall perform the Services as an independent
contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint
venture, employer/employee or other relationship with the Town other than as a contracting party and
independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance
coverage or employment benefits of any kind ortype to orfor the Contractor orthe Contractor's employees,
sub -consultants, contractors, agents, or representatives, including coverage or benefits related but not
limited to; local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA);
workers' compensation; disability, injury, or health; professional liability insurance, errors and omissions
insurance; or retirement account contributions.
3. Commercial Liability Insurance: At all times while the Contractor is rendering Services;
Contractorshall maintain commercial general liability coverage providing bodily injury and property damage
coverage with a combined single limit of at least $1,000,000 and a deductible of not more than $1,000.
Such insurance shall provide that it may not be cancelled without thirty (30) days prior written notice to the
Town. Prior to commencement of the Services, Contractor shall cause Town to be named as an additional
insured and shall provide Town with evidence, acceptable to Town; that the required insurance is in full
force and effect.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town's
satisfaction and after Contractor has submitted an invoice for the amount due complete with the
Contractor's taxpayer identification number or social security number. Town shall pay Contractor within
thirty (30) days after an invoice in properform is submitted to Town,
5. Illegal Aliens: This Agreement is subject to the provisions of the Illegal Aliens -Public Contracts
for Services Act found at C.R.S. Section 8-17.5-101 et seq. -By execution of this Agreement, Contractor
certifies that it does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement and that Contractor will participate in either the E -Verify Program or Department Program in
order to confirm the eligibility of all employees who are newly hired for employment to perform work under
this Agreement. As used in this Section 5., "Department" means the Colorado Department of Labor and
Employment.
Independent Contractor Agreement Form - 2014
Page 1 of 3
A. Specifically, Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or
(ii) Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ orcontractwith an illegal alien to perform work under
this Agreement.
B. Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement through participation in either the E -Verify
Program or Department Program.
C. Contractor shall use either the E -Verify Program or Department Program to undertake pre-
employment screening of job applicants while this Agreement is in effect,
D. If Contractor obtains actual knowledge that any of its subcontractors performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
(i) notify the subcontractor and Town, within three (3) days of discovery of such fact, that
Contractor has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
(ii) terminate the contract with the subcontractor if, within three (3) days of receiving the notice
required bysubpart D.(i) above, the subcontractor does notstop employing orcontracting with
the illegal alien; except that Contractor need notterminate the contractwith the subcontractor
if, during such three (3) days, the subcontractor provides information establishing that the
subcontractor has not knowingly employed or contracted with an illegal alien.
E. Contractor shall comply with any reasonable request by the Department made in the course of an
investigation that the Department is undertaking pursuant to the authority established in C.R.S.
Section 8-17.5-102(5) .
R If Contractor violates any of the provisions of this Section 5., Town shall have the right to terminate
the Agreement for breach of contract and, in such case, Contractor shall be liable to Town for all
actual and consequential damages incurred by Town as a result of such breach and the
termination of this Agreement.
G. Town will notify the Office of the Secretary of State if Contractor violates this provision of this
Agreement and the Town terminates this Agreement for such breach.
6. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery
of written notice to the Contractor at least ten (10) days prior to the effective date of termination or may
terminate this Agreement immediately upon delivery of written notice if Contractor fails to provide the
Services in accordance with the terms of this Agreement.
7. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, orotherwise modify any governmental immunity that maybe available by lawto the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
hdependent Contractor Agreement Form - 2014
Page2of3
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title
24, Article 10, Part 1 of the Colorado Revised Statutes.
8. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Contractorwill take affirmative action to
ensure applicants are employed, and employees are treated during employment without regard to their
race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
9. Limitation of Damages: The parties agree that Contractor's remedies for any claims asserted
againstthe Town shall be limited to proven direct damages in an amount notto exceed payment amounts
for Services due under the Agreement and that Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and
against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees,
arising out of the performance of the Services, provided that any such claim, damage, loss or expense is
caused byany negligent actoromission of Contractor, anyonedirectlyorindirectly employed by Contractor
or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a
party indemnified hereunder.
11. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be
in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to
expedite the resolution of disputes under this Agreement, the parties hereby waive any and all right either
may have to request ajury trial in any civil action relating primarily to the enforcement of this Agreement.
The parties agree that the rule that ambiguities in a contract are to be construed against the drafting party
shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this
Agreement and any exhibit or attachment, the language of this Agreement shall govern.
AGREEMENT READ, UNDERSTOOD AND APPROVED:
TOWN OF AVON
IndependentContractor Agreement Form 2014
Page 3 of J
COAT9,XTOR
Date:
Phone (970) 926-0911 Property ImagingLLC P.O. Box 1497 Gypsum, Co 81637
Cell 4 390-4133 properryiinaginRllcna,Rmail.com Fax (970) 926-0911
SNOW PLOW TOWN OF AVON 2018/2019 SEASON
PROPOSAL SUBMITTED TO
WORK TO BE PREFORMED BY
Gaiy Padilla /Town of Avon Chris Haymond
gpadillanaavon.org Property Imaging LLC
P.O. Box 1497
Gypsum, Co 81637
We hereby propose to snowplow two or more inches from all designated Town of
Avon parking areas for the 2018/2019 snowplow season (1 S November2018 through 15
April2019).
All work to be performed in accordance with the specifications submitted for above
work for the below sums.
Any alteration or deviation from the above specifications involving extra costs will
be executed upon request, and will become an extra charge over and above the estimate.
All pavments due within thirty days of completi¢n of'said work.
This proposal may be wi�rcn4rby
Chris
WORK TO
10 PLOWS PER MONTH(average)
SWIFT GULTCH ( Upon request)
within thirty days.
date 12 November 2018
$10, 000.00 PER Month
ACCEPTANCE OF PROPOSAL
$350.00 PER Time
The above prices, specifications and conditions are satisfactory and are here by
accepted. You are authorized to do the work as specified. Payment will be made as
outlined above.
SIGNAT RE DATE
SIGNATURE DATE
Phone (970) 926-0911 Property ImagingLLC P.O. Box 1497 Gypsum, Co 81637
Cell # 390-4133 properlyimagingllc@gmail.com Fax (970) 926-0911
SNOW PLOW TOWN OF AVON POLICE/FIRE STATION
2018/2019 SEASON
PROPOSAL SUBMITTED TO
WORK TO BE PREFORMED BY
Gary Padilla / Town of Avon Chris Haymond
gpadi11a(&,avon.org Property Imaging LLC
P.O. Box 1497
Gypsum, Co 81637
We hereby propose to snowplow two or more inches from the Town of Avon
Police/Fire station on Swift Gulch Rd for the 2018/2019 snowplow season (15
November2018 through 15 Apri12019).
All work to be performed in accordance with the specifications submitted for above
work for $900.00 per month.
Any alteration or deviation from the above specifications involving extra costs will
be executed upon request, and will become an extra charge over and above the estimate.
All payments due within thirty days of completion of said work.
This proposal may be with by u0 not accepted within thirty days.
submitted Chris date 12 November 2018
WORK TO
Plow at 2 inches $900.00 PER Month
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are here by
accepted. You are authorized to do the work as specified. Payment will be made as
outlined above.
SIGNATURE DATE \ \.` \'J
SIGNATURE U DATE
Gary Padilla
From: Gary Padilla
Sent: Thursday, October 25, 2018 8:26 AM
To: 'Peter Dillon'; 'propertyimagingllc@gmail.com'; 'David Lambert (hservice@vai1.net)';
'crown350@aol.com'; 'snowkinginc@gmail.com'; 'gerbertreeandlawn@Iive.co.uk;
'turnkeypres@aol.com'
Subject: Price quote for snow removal
Attachments: Parking Lot snow removal # 1-4 jpg; Parking Lot snow removal # 5 jpg; Parking Lot
Snow Removal # 6 jpg; Parking Lot snow removal # 7-8 jpg; Parking Lot Snow Removal
# 9jpg; Parking Lot Snow Removal # 10 jpg; Parking Lot snow removal # 11 jpg; Parking
Lot snow removal # 12 jpg; Parking Lot snow removal # 13jpg
Follow Up Flag: Follow up
Flag Status: Flagged
Good morning all,
The Town of Avon is looking for a snow removal contractor to remove snow for us for the 2018-2019 winter
season. Please respond to this email no later than November 9, 2018 by 4:OOpm with a price quote if you are
interested. These are the following areas that need to be plowed.
1. Parking on Lake Street (marked in yellow)
2. Parking on Benchmark Road (south of old Firestation) and Library (marked in orange)
3. Town Hall Parking at Mikaela Way (marked in orange)
4. Recreation Center (marked in green)
5. Old Town Hall (marked in pink)
6. Lot 16 on West Beaver Creek Blvd. (marked in red)
7. Parking spaces/roadway on Plaza Way (marked in yellow)
8. Parking along East Benchmark Road by Kristi Sports and Copy, Copy (marked in yellow)
9. Police and Fire Station — Separate Bid (marked in Yellow)
10. Old Wildridge Fire station (marked in blue)
11. Parking spaces on Riverfront Lane (marked in blue)
12. Modular Parking at Swift Gulch (marked in red)
13. Trail Head on Swift Gulch Road
These are some guidelines that we expect from the contractor that is hired:
Snow removal must be completed no later than 6:OOam in the following areas, depending on the depth and timing of
snow fall event:
• Lake Street Parking spaces
• Recreation Center Parking Lot
• Town Hall Parking Lot at Mikaela Way
• Modular Parking at Swift Gulch
Snow Removal must be completed no later than 7:OOam in all other areas.
The Town of Avon has high standards when it comes to snow removal, if the snow continues through -out the day, we
ask that you come back and plow where possible. The contractor is responsible for all damage to Town of Avon
property, we reserve the right to cancel the contract at any time if these guidelines are not being met.
Gary Padilla, Public Works Director
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