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Home My WebLink AboutVARIOUS VENDORS - CONTRACT - BID - 5491 L E SMITHSERVICES 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 ,Gy�i17 S�sf"✓f ,88»GL "City" and ,(„�S,ozl*, P4rt/67,6hereinafter 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence April 15, 2000, and shall continue in full force and effect 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) additional one year period. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. 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, SA 10/97 R 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 the following addresses: City: City of Fort Collins Streets Dept. Stan Welsch P.O. Box 580 Fort Collins, CO 80522 Service Provider: J93 jAge_a 0t. 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, the sum as stated in the Bid Schedule, cost breakdown is attached as Exhibit "C", consisting of Oi✓-� (1) pages, 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 SA 10/97 7 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. 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 party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. SA 10/97 8 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 - 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 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) pages, 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 SA 10/97 9 Management, 215 N. Mason, Second Floor, Fort Collins, Colorado 80524 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. SA 10/97 10 SA 10/97 CITY OF FORT COLLINS, COLORADO a municipal corporation BY: Jame )Beill II, CPPO, FNIGP Direc Purchasing and Risk Management Date: Corporations Name or DBA 11 4�ryx� G BID SCHEDULE #5491 You may attach a separate page with an equipment list. Please include Firm name on it. EQUIPMENT YR MAKE MODEL CU.YDS. HP $/HR TRACTOR/TRL — — $ TRUCKS TANDEM — $ DUMP — TRUCKS TANDEM #-9-7- PAtQrrhilt 27-9 1 2-1 5 A-" $ 45, 0 DUMP TRUCKS #83 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 City's bidding list for a period of three years. FIRM NAME L.E. Smith Truckin Are you a Corporation, Partners 'p, DBA, LLC, or PC r SIGNATURE PRINT 0A-;: Fort Collins, CO 80524 PHONE/FAX #phone/ 970-484-9321 fax/970-221-4274 5 9-09-2003 10:40AM FROM STATE FARM INSURANCE 970 226 3195 CERTIFICATE OF INSURANCE XEFT ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois dam❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois inng policyholder for the coverages indicated below - policyholder SMITH, LYNN E DSA L.E. SMITH TRUCKING Address of policyholder 703 SHERRY DR FORT COLLINS, CO 80524 Location of operations 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 subiect to all the terms exnlnsinm nnet nnntlitinna of thncp nnliA3 The funk& of rn " h. ". F.se...e i. a F... ...... ....:.A POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF W&W— Effective Date iration Date at beginning of policy period) Comprehensive BODILY INJURY AND 96—GW-1753-7 BusinessLiabilft 04/16/03 04/16/04 PROPERTY DAMAGE This insurance includes: ® Products - Completed Operations ® Contractual Liability ® Underground Hazard Coverage Each Occurrence $ 1, 000, 000 ® Personal Injury p Advertising Injury General Aggregate $ 2, 000, 000 [I Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $ 2, 000, 000 ❑ General Aggregate Limit applies to each project EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE Effective Dwtmpiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ Other Apgregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date Ex iration Date at beginning of policy pario!9 .053-474�2-06 AUTOMOBILE 07/22/03 CONTINUO I MILLION C L it any or me aescnoea ponaes 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 representatives, , Name and Address of Certificate Holder John Stephen fax 4221-6707 558-994 a 2-90 Pf intM In U. S.A. September 8, 2003 To Whom It May Concern: Lynn E. Smith, DBA L.E. Smith Tracking, is owner/operator ofthe vehicle. Therefore doesn't have or need Work's Compensation & Employer's Liability. Lynn E. Smith C�yilZZ•%