HomeMy WebLinkAboutFred's Excavating & Crane Service Agreement -1983 09 12
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"AGREEMENT"
THIS AGREEMENT made this
by and between the City of Winter
as "City"), and Fred's Excavating
referred to as "Fred's").
day of , 1983,
Springs (hereinafter referred to
& Crane Service, Inc., (hereinafter
WHEREAS, City desires to engage an Independent Contractor to
perform desilting and demucking work for the purpose of improving
the storm water drainage system in 4 separate locations in the City;
and
WHEREAS, Fred's desires to render the desilting and demucking
services referred to above for City.
NON, THEREFORE, in consideration of the terms and mutual covenants
hereinafter set forth, the parties agree as follows:
1. Fred's shall' provide one track mounted back hoe with a
minimum 3/4 yard bucket and equipment operator at an hourly rate of
$47.50 per hour; and one tire mounted clfu~ shell with a minimum
3/8 yard capacity with 30 feet minimum horizontal swing with
equipment operator at an hourly rate of $55.00 per hour to perform
the desilting and demucking services requested by the City.
2. The hourly rates referred to herein shall include, but
not be limited to hauling, set-up time, break down time and moving
time as such may be required by the scope of the work to be per-
formed under this Agreement.
3. Payment for work performed under this Agreement shall be
made to Fred's within one week following the week in which the
work was performed by Fred's.
4. City reserves the right to terminate this Agreement at any
time after the total hours worked exceeds 80 hours.
5. The work to be performed will be specifically outlined
in a work order job description by the City but generally will in-
clude the following:
a) Maintenance and dredging under and adjacent to the
following three bridge sites; (1) Edgmon Avenue
Bridge at Gee Creek; (2) Moss Road Bridge at Gee
Creek; and (3) Shepard Road Bridge at Sheoah Creek;
and
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b) Dredging a man made drainage canal approximately 430
feet by 20 feet with side canals.
6. City and Fred's agree that it is the intention of the
parties that Fred's be an Independent Contractor and not an
employee of the City under this Agreement. In order to protect
City from liability, Fred's shall provide standard general
liability insurance, all insurance as may be required by local,
state and federal laws and regulations and shall further in-
demnify and hold City harmless from any and all claims arising
out of performance of its duties under this Agreement. Fred's
shall be responsible for compensation and benefits for its oper-
ators and employees.
7. Fred's shall perform all work in a good workmanlike
manner and in accordance with approved DER permits and in ac-
cordance with the work order job description as provided by
City.
8. City shall cause its personnel to erect turbidity
barriers at a~l bridge sites where work is to be performed.
9. Fred's shall begin the desilting and demucking work
under this Agreement"within fourteen (14) calendar days after
execution of this Agreement.
Signed, sealed and delivered
in the presence of:
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By
Manager
CIT
FRED'S EXCAVATING SERVICE, INC.
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By
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