HomeMy WebLinkAboutLE SMITH TRUCKING - CONTRACT - BID - 5491 HAULINGTHIS A,
THE: CITY OF f
"City" and
In cons
and between tt
1
with the SCOPE
incorporated hE
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in full force and
SERVICES AGREEMENT
EEMENT made and entered into the day and year set forth below by and between
RT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
,Sir/st// 6Bi!%
, x/-*ZTAre�Jreremafter referred to as "Service Provider"
WITNESSETH
of the mutual covenants and obligations herein expressed, it is agreed by
Parties hereto as follows
The Service Provider agrees to provide services in accordance
of services attached hereto as Exhibit "A", consisting of two (2) pages, and
by this reference
This Agreement shall cornmence April 15, 2000, and shall continue
until April 1, 2001, 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 one (1)
both, parties an
Planning and B
mailed no later
3
by unforeseeal
part/ so prevei
the extent that
notice to the C
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SA 10/97
I one year period Pricing changes shall be negotiated by and agreed to by
may not exceed the Denver - Boulder CPI-U as published by the Colorado State
Office Written notice of renewal shall be provided to the Service Provider and
n ninety (90) days prior to contract end
If either party is prevented in whole or in part from performing its obligations
causes beyond its reasonable control and without its fault or negligence, then the
cl shall be excused from whatever performance is prevented by such cause To
e performance is actually prevented, the Service Provider must provide written
of such condition within fifteen (15) days from the onset of such condition
Notwithstanding the time periods contained herein,
U
the City may 1
termination to
the termination
notices provid4
the following a
City
City of Fort Cc
Stan Welsch
P O Box 58(
Fort Collins, C
In the event of
to the date of
obligations un
remedy for sun
5
Contract, subp
cost breakdow
by this referen
6
representative
nate this Agreement at any time without cause by providing written notice of
Service Provider Such notice shall be delivered at least fifteen (15) days prior to
date contained in said notice unless otherwise agreed in writing by the parties All
under this Agreement shall be effective when mailed, postage prepaid and sent to
resses
Service Provider
ins Streets Dept ✓ E.Smr7'�f /Qucr,�z.✓�
7p3 Si✓�z e r D r^.
�`CcCLst�s'6 8'oS2Y
> 80522 Shia — �nSZ cr<G!'
termination by the City, the Service Provider shall be paid for services rendered
subject only to the satisfactory performance of the Service Provider's
this Agreement Such payment shall be the Service Provider's sole right and
termination
The City shall pay the Service provider for the performance of this
to additions and deletions provided herein, the sum as stated in the Bid Schedule,
is attached as Exhibit "C", consisting of ,OW,E (1) pages, and incorporated herein
The City will designate, prior to commencement of the work, its
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
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those of an inc
City shall not
SA 10/97
The services to be performed by Service Provider are
service provider and not of an employee of the City of Fort Collins The
responsible for withholding any portion of Service Provider's compensation
7
A
4
hereunder fort
other purpose
8
the special ab
agreement for
reslponsibihtiee
consent of the
9
the services st
City under this
10
11
element of this
terms of this a
SA 10/97
payment of FICA, Workmen's Compensation or other taxes or benefits or for any
It is understood that the City enters into the Agreement based on
sties of the Service Provider and that this Agreement shall be considered as an
personal services Accordingly, the Service Provider shall neither assign any
nor delegate any duties arising under the Agreement without the prior written
The City's approval or acceptance of, or payment for any of
I not be construed to operate as a waiver of any rights or benefits provided to the
reement or cause of action arising out of performance of this Agreement
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 whetherthe 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
Each and every term and condition hereof shall be deemed to be a material
reement In the event either party should fail or refuse to perform according to the
such party may be declared in default thereof
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shall be a
remains u
In the event a party has been declared in default, such defaulting party
a period of ten (10) days within which to cure said default In the event the default
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 anyl, 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 party 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
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 lrom any and all actions, suds,
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 wi
b Th
hereundertoI
c Witl
shall provide <
Agreement of
attached herE
commencing
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the performance of any service hereunder
Service Provider shall take all necessary precautions in performing the work
injury to persons and property
ut limiting any of the Service Provider's obligations hereunder, the Service Provider
1 maintain insurance coverage naming the City as an additional insured under this
e type and with the limits specified within Exhibit El, consisting of one (1) pages,
and incorporated herein by this reference The Service Provider before
hereunder, shall deliver to the City's Director of Purchasing and Risk
M
I
Management,
evidencing the
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incorporated I
16
interpretation,
Agreement sl
holding shall i
SA 10/97
15 N Mason, Second Floor, Fort Collins, Colorado 80524 one copy of a certificate
isuranee coverage required from an insurance company acceptable to the City
ntire Agreement This Agreement, along with all Exhibits and other documents
rein, shall constitute the entire Agreement of the parties Covenants or
not contained in this Agreement shall not be binding on the parties
aw/Severability The laws of the State of Colorado shall govern the construction
Kecution and enforcement of this Agreement In the event any provision of this
I be held invalid or unenforceable by any court of competent jurisdiction, such
invalidate or render unenforceable any other provision of this Agreement
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By 60/LA-
Jame B 'Neill 11, CPPO, FNIGP
Direc r Purchasing and Risk Management
Dat
Corporations Name or DBA
By L_ R_ Smith Trnnklna
PRU' TT NAME r
r
SA IOW
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BID SCHEDULE #5491
You may attach a separate page with an equipment list Please include Firm name on rt .
EQUIPMENT
YR MAKE MODEL CU YDS HP
$/HR
TRACTOR/TRL
_ _
$
TRUCKS
$
TANDEM
—
DUMP
TRUCKS
TANDEM
xn,T Petgr ilt 379 --1-2 15 A40
$FAO
DUMP
TRUCKS
#733 Williamsom/pup 12 0
-- — —
$ 10.00
WITH
PUP
OTHER
EQUIPT
(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 Cdy's bidding list for a period of
three years
FIRM NAME I L.E. Smith
SIGNA-
PRINT
ADDRE
PHONE
,9-09-2003 10 40AM FR STATE FARM INSURANCE 970 226 3 5 P I
CERTIFICATE OF INSURANCE
WSTATEFARMT ®STATE FARMFIRE AND CASUALTY COMPANY, Bloomington, Illinois
STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
inng policyholder for the coverages indicated below-
policyhold SMITH LYNN E DSA L.E. SMITH TRUCKING
Address of policyholder 703 SHERRY DR
FORT COLLINS, CO 80524
Location of operaticis ABOVE AND VARIOUS
Description of operations
The policies listed below have been issued to the policyholder for the policy periods shown The insurance described in these policies is
subject to all the terms exclusions. and conditions of those Policies The limits of liability shown may have been reduced by any paid claims
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER
TYPE OF INSURANCE
Effective Date Expiration Date
at beginning of policy period)
Comprehensive
BODILY INJURY AND
96—GW-1753-7
Business Liability
04/16/03
04/16/04
PROPERTY DAMAGE
This insurance includes Eq Products - Completed Operations
0 Contractual Liability
® Underground Hazard Coverage
Each Occurrence $ 1, 000, 000
® Personal Injury
O Advertising Injury
General Aggregate $ 2, 000, 000
F1 Explosion Hazard Coverage
Products - Completed
❑ Collapse Hazard Coverage
Operations Aggregate $ 2, 000, 000
❑ General Aggregate Limit applies to each project
0
POLICY PERIOD
BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY
Effective Date Ex iration Date
(Combined Single Limit)
❑ Umbrella
Each Occurrence $
Other
Aciarecate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Wodcers' Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective DEDate
LIMITS OF LIABILITY
"'ammn of policyado
053-4742-0
AUTOMOBILE
07/22/03
T
OI
LLION CSL
Name and Address of Certrficate Holder
John Stephen
fax 4221-6707
558-M a 2-90 P",Rd in U S A
If any of the described policies are canceled before its
expiration date, State Farm will try to mail a written notice to
the certificate holder 30 days before cancellation If,
however, we fail to mail such notice, no obligation or liability
will be imposed on State Farm or its agents or
uare
TI
September 8
To Whom It
Lynn E Smi
Therefore do
/ •LLy/nn/�n E
V X )
2003
Concern-
DBA LE Smith Trucking, is owner/operator of the vehicle.
A have or need Work's Compensation & Employer's Liability