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Home My WebLink AboutE AND L LEGG CHUCK HOFFMAN FULLER BIVENS STEELY - CONTRACT - BID - 5263 HAULING MICHAEL DANNY LEEPER MCEVOY AND SONS GREGG J B EXCAVATING VINEY ASHLAND (14)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 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 underthis 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 Attn 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 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, 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 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 parry 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 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 0 L 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 THE CITY OF FORT COLLINS, COLORADO BY P Ja s ONeillII,O Dir ct of Purchasing and Risk Management Date � /j/ 73usiness name (please indicate if you are a corporation or sole owner (DBA)) By (Your signature) f� ✓ /t�C-� /� S . !�/G� �, �/ 11 _ PRINT NAME - "i TITLE (owner, president of corp , etc ) -, L/;-/ Date - / — / ,y _ #5263 EQUIPMENT YR MAKE EXHIBIT C QUOTE MODEL CU YDS HP $fHR TRACTORITRL TRUCKS TANDEM DUMP TRUCKS — $ TANDEM DUMP TRUCKS 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 penod of three years FIRM NAME `-Lyi-7 r= V /1, `-- 7 ` A1:.!►I��►, CERTIFICATE OF INSURANCE ISSUE DATE OD ' 3/25/98 PRODucen THIS CETITIF117ATE IS ISSUED A MATTO OF INFDnMATION ONI Y AND v CONFERS NO RIGHIS UPON Tit- CERTU-Ir,ATE HOLDER THIS CFnTIrtrATF I itUCKS1EtT ULCDr RWRTTERg AGENCT, ZE9O. DOrO NOT AMCNn, rHTrNn on ALTCn Tim novrnAbr Arronnrn 11V Tnr 390 UNION 'BLVD., 0630 _POLICIES BELOW._. LAKEWOOD, CO 80228 COMPANIES Ar rORDING COVERAGE B INSNBFn ELVER S UEWIIT DBA ELMER THE PEBBLE HAULER Po Box 435 LAPORTF,•CO 80535 ('OIAPANv TNIERNATTONAL BUSINESS N MERCANT'ILF. T LEER A RFASSURANCF COMPANY L 13 EO APAtIVFR LEFT COMPANY L. LFTTEn COMPANY D LETTER COIAPANY E LETTER I COVERAGES ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEI OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1 HE POLICY PEnIOD INDIC*TED, NOTWIT119YANDRIO ANY PEOVIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICII TI IIR CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFOn DEO BY THE POLICIES DESCRIBED HEnEIN IS SUEJECT TO ALL THE 1 EnAIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL) CLAIMS rD TYPE Of INEBRAIIDE POLICY NUMBFIi POLICY EFFECTIVE POLICY EXPIRATION DATE (IAMIDDIYY) DATE (MMIDDIYY) I PAIT4 Lin ' GENERAL LIABILITY �--� _ V GENFnAL AGGnEGATE F COMMERCIAL GEMPRAL LIABILITY PRODUCTS COMNOP AGG A CLAIMS MADE OCCUn PFn4OHAI R ADV In JUOY F OWNER B A CONTnACTOn S PnOT EACH OCCURRENCE A FlnE DAMAGE (Any one R,c) t `— MFO EYPENSF (Any onn prrann) 9 u a._.. __ AUTO MOBIL E MApIL1i Y COMMITTED EO SINGLE S i._ ( 0 r)(lo " I0 ANY AUTO LII III > 1 ALL OWNED AUTOS BODILY INJURY S ( X SCHEDULED AUTOS (Par Person) 'A x HIRED AUTOS TR066IDA 3/25/98 3/25/99 BODILY INJURY (re, Accident) x NON OWNED AUTOS ( GABAGF LIABILITY PROPERTY DAMAOF IS E %CE59 LIABILITY EACH OCCURRENCE 5 I UMBnFLI-A FORM AGGnFGATE E OTHER THAN UMBRELLA FOnM WOnKEn 9 COMPENSATION J AND EMPLOYERS LIABILITY ETAT'JTOnY LIMO3 - - EACII ACCIDENT i DISEASE —POLICY LIHIT F DISFASE—EACH EMPLOYEE S ,A PHYSICAL DAMAGE TR06610A 3/25/98 3/25/99 ACV $0 DED. SPEC. PEATLS $1,000 DED. COLLISION DESCRIPTION OF OPERATIONS/LOCATIONS/VEti'CLESISFECIAL 17EM$ 1998 AUTOCAR TRUCK, SER#4VHSCCCJXWN518881, VALUE $85,000 I CERTIFICATE HOLDER— ---- CANCELLATION SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CAN(.ELLEn REF0111' III VOLVO TRUCKS I EXPIRATION DATE THERFOr THE ISSUING COMPAAIY Will F_NDFAVon T MAIL 10— DAYS WRITTEN NOTICE TO THE CF_BTIFICATE HOI DEn PIAMEP TO TH LEFT BUT FAIILIRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGANON O LIASI(ITY OF ANY KIND UPON THE COMPANY ITS AGENTS on nEPnr FFN1A IIVr' - ) ' AVitortim REPTIESENTATIVEACORD 25-S (7/90) mACOnD CORPORATION 1