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Home My WebLink AboutELMER THE PEBBLE HAULTER ELMER DEWITT - CONTRACT - BID - 5263 HAULINGu SERVICES 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 Elmer DeWitt DBA/Elmer The Pebble Hauler, 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 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 1, 1998, and shall continue in full force and effect until March 31, 1999, 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 two (2) additional one year periods 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, the City may terminate this Agreement at any time without cause by providing written notice of SA 7/93 1 Auk 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 Service Provider City of Fort Collins, Streets Dept Elmer the Pebbel Hauler P O Box 580 P O Box 435 Ft Collins, CO 80522 Laporte, CO 80535 Affn Bruce Juelfs 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 Providers 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, as stated in the bid schedule identified as Exhibit C 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 SA 7/93 2 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 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 12 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a perod 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 SA 7/93 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) 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 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 SA 7/93 4 hex, L.i �7 representations not contained in this Agreement shall not be binding on the parties 16 Law/Severabdity 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 THE CITY OF FORT COLLINS, COLORADO BY James B O'Neill, II, CPPO Director of Purchasing and Risk Management Date business name (please indicate if you are a corporation or sole owner (DBA)) By (Your signature) //ll �-,/ /? < A00-ll//// PRINT NAME / 4(157 TITLE (owner, president ofcorp, etc ) Date ---� 7 — 9, #5263 EQUIPMENT YR MAKE TRACTOR/TRL TRUCKS TANDEM DUMP TRUCKS 11"TA ►17:40r,' DUMP TRUCKS WITH PUP OTHER EQUIPT (LIST TYPE) AL Vo EXHIBIT C QUOTE MODEL CU YDS HP 475 $/H R $3f 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 3 I 19SUE DATE (MMIDOW0 CERTIFIC E OF INSURANCE 3/25/98 PRODUCERTHIS CER71rICATE IS ISSUED AS A MATTER OF IN ONI Y Atli) CONFERS NO RIGIII S UPON THE CERTIrICATE HOLDEN THIS CERTJrICA T?,NC MEIT UI1Dr RTaRTTCRB AGEITCT, INC. ooro NOT AMCNn, rHTrHn On ALTrn Tim oovrnAnr. Arronnrn nv T, 390 UNION BLVD., 4630 -POLICIES,-BE-LOW.- LAKEWOOD, CO 80228 COMPANIES Al rOnDING COVERAGE rOIJFANY INILRNAITONAI. BUSINESS 6 MLRCANIIT,E LETTER A RFAS,SURANCF COMPANY mqunFn ELMER S DEWIII' DBA ELMER THE PEBBLE HAULER PO BOX 435 LAPORTE,ACO 80535 roMPANY 0 LETTFn COHPANY C LETTER COMPANY 1I LETTFn COMPANY E LETTEn I COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEI OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POR THE POLICY PFNIOD INDICATED, NOTWITHSYANDINO ANY PEOVIREMENT, TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPEOT TO WHICI I TI IIS CERTIFICATE MAY BE ISSUED OH MAY PERTAIN. THE INSURANCE AFFORDED BY THE POT ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 1 EnMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO YYPD Or INSURANCE POLICY NUMBFn POLICY Er FECTIYE POLICY EXPIn AYION I IMITR . LTn DATE (IBM/DD/YY) DATE (MMIDD,YY) GENERAL LIAfl ILITT �'�-� COMMERCIAL GENF_RAL LIABILITY CLAIMS MADE OCrun OWNER 9 A CONTnACTOn 6 PROT AOTOMOBII E LIABILITY ANY AUTO ALL OWNED AUT09 X SCHEDULED AUTOS A X HInEn AUTOS X NON OWNED AUTOS GARAGE LIARILITY GEMPTUL AGGnEGATE S PnODUCTS coMr/or AoG E rrn90NAL IT AOV ,NJUnY I EACH OCCUNRFNCF I rinE OAMAGE (Any on, W c) S MFO EXPENSE (My nne pnnnn) S —----�`--_� __-___.------`---J�OOIAEINEO SINGLE S 1,000,ow) LIMIT BODILY INJURY S (re, Pe,aon) BODILY INJURY TR06610A 3/25/98 3/25/99 (Per accident) E PnOrERTY OAMAOP E r E%CES4 LIABILITY EACH OCCURRENCE R I UMRNELLA FORM AGGOEGATE t OTHER THAN UMAAFI LA FORM Won KEP'S COMPENSATION STATUTOnY VM,TS i ADD EACH ACCIDENT I DISEASE -POLICY UHiT x EMPLOYERS LIABILITY 0�$EASE-EACH EMPLOYEE 5 ,A PHYSICAL DAMAGE TR06610A 3/25/98 3/25/99 $0 DELI. SPEC. PERTTS ACV 51,000 DED. COLLISION J_ES—__� _�.-._' ------ — ------ ----'-- � DESCRIPTIONOF OF OPERATIONSILOGATION9/VEhI1CLE9/9f EGIAL ITEMS f 1998 AUTOCAR TRUCK, SER#4VIISCCCJXWN518881, VALUE $65,000 I } CERTIfICATI= HOLDER ^� CANCELLATION I SIIOULD ANY Or THE ABOVE DESCRIBED POLICIES DE CAN(,ELLEN BFF(ITIF TIV I VOLVO TRUCKS I EXrInATION DATE THEREOF THE ISSUING COMPANY WRI ENDEAVOn 1( MAIL _L(L DAYS WRITTEN NOTICE TO THE CEnTIrICATE HOT PER NAMED TO THI LEFT BUT FAILURE TO MAII SUCH NOTICE SHAI L IMPOSF no OBLIGATION Oi LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR DEPRFSPNTAI IVP` AUTIION; PRESENTATIVE 7 fl(L4,�1'1 /6d AOORD 25_$ (Ne(l)_ (/ CACORD CORPORATION IT pfC 5z363