Res 112-2018 Contract with Work Services Corporation 10/2/2018
Resolution No. 112-2018
Resolution authorizing the City Manager to enter into a contract with
the Work Services Corporation for grounds maintenance of various
parks and medians
providing effective and efficient public services; and,
WHEREAS, City staff requested proposals to evaluate the cost and effectiveness
of grounds maintenance for 18 smaller City parks; and,
WHEREAS, the proposal provided by the Work Services Corporation is in the
seasonal maintenance staff to properly maintain our parks and medians.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to enter into a contract with the Work Services
Corporation for grounds maintenance of 18 smaller City parks.
nd
PASSED AND APPROVED this the 2 day of October, 2018.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
CITY OF WICHITA FALLS
CONTRACT FOR CITY PARKS GROUNDS MAINTENANCE
THIS AGREEMENT IS MADE
by and between the City of Wichita Falls in the State of
Texas, hereinafter called the City; and Work Services Corporation, hereinafter called the
Provider.
NOW, THEREFORE,
in consideration of the mutual covenants and agreements herein
contained, the City, and the Provider mutually agree as follows:
A G R E E M E N T
Article 1. Contract Period
This contract becomes effective on March 1, 2019 and terminates on February 28, 2022
unless termination occurs as otherwise provided in this agreement. There will be two one
(1) year renewal options under the same terms and conditions. Such renewal option shall
be at the option of the City of Wichita Falls.
Article 2. Scope of Work
The Provider shall undertake, perform, and complete all work authorized in Attachment A,
Scope of Work.
Article 3. Compensation
The Provider shall submit mowing Cycle requests for reimbursement using forms
acceptable to the City. Such requests will be made for work performed by the Provider.
The City shall make payment directly to the Provider.
Article 4. Personnel, Equipment, and Material
Resources.
A.The Provider will provide adequate and sufficient personnel, equipment,
and materials to perform the services required under the contract.
The Provider certifies that it presently has adequate qualified personnel in its
employment for performance of the services required under this contract, or it will be
able to obtain such personnel.
The Provider will not employ personnel who have been convicted of a felony against
another person in any area where the Provider's personnel could reasonably be
expected to be alone with travelers, City employees, or any other persons not
employed by the Provider.
B. All employees assigned to this contract shall have such knowledge and experience as
will enable them to perform the duties assigned to them.
Article 5. Inspection of Work
The City will have the right at all reasonable times to inspect or otherwise evaluate the
work performed or being performed hereunder and the premises in which it is being
performed. If any inspection or evaluation is made on the premises of the Provider, the
Provider shall provide all reasonable facilities and assistance for the safety and
convenience of the inspectors in the performance of their duties. All inspections and
evaluations will be performed in such manner as will not unduly delay the work.
Article 6. Public Safety and Convenience
The safety of the public and the convenience of traffic are of prime importance under this
shall not interfere with traffic on the roadway. Unless coordinated with the City, the
Provider shall work only during daylight hours and no work will be performed on Sundays
or State observed holidays, unless previously approved by the City.
Article 7. Protection of Property
The Provider shall take proper measures to protect all adjacent property, which might be
damaged or injured by any process of work. In case of any such injury or damage
re, at its own
expense, the damaged property to a condition similar or equal to that existing before such
injury or damage was done, or shall otherwise remedy such injury or damage in a manner
acceptable to the City and the property holder or owner involved. If the City must
intervene and repair any damage not repaired by the Provider, all such repairs will be
from the amount due and payable to the Provider, or the Provider will otherwise
compensate the City for the cost of repairs.
Article 8. Subcontracts
The Provider shall not sublet or transfer any portion of the work authorized in this contract
unless specifically authorized to do so, in writing, by the City. Subcontractors shall comply
with the provisions of this contract. No subcontract will relieve the Provider of its responsibility
under this contract.
Article 9. Changes in Work
If at any time during the course of this agreement it becomes necessary for the Provider to
perform services not identified in the original Attachment A, or for the City to make changes
to the services, the City will amend the contract in accordance with Article 10, Amendments.
No compensation will be paid if the Provider performs the additional or changed services
before this amendment is executed.
If rates have not been specified for the additional work tasks, the City, and the Provider, will
mutually agree to the rates, provided, however, that rates are reasonable and consistent with
rates normally charged for the work.
Any additional compensation must be authorized in writing and approved by all parties in
accordance with Article 10, Amendments.
If at any time during the course of this agreement it becomes necessary for the City to
cancel the services authorized in Attachment A, Scope of Work, the City will notify the
Provider in writing and the Provider will cancel the work as instructed by the City. Provider
shall not request compensation for any cancelled work.
Article 10. Amendments
If the Provider finds that any work requested under this agreement will change the scope,
character, complexity, or nature of the work, the time period, the method of payment, or the
maximum cost hereunder, a written amendment must be executed within the time period
established in Article 1, Contract Period.
If the City finds it necessary to require changes to completed work because of errors
made by the Provider, the City will require the Provider to correct the work at no cost to
the City and without any amendment to the agreement.
Article 11. Insurance
The Provider must provide the City with proof of insurance coverage before beginning
work in the following amounts:
General Public Liability Insurance of at least $1,000,000 combined single limit per
occurrence. The policy shall name the City of Wichita Falls as an additional insured, be
on the commercial general liability form, and include a waiver of subrogation against
Provider and its officers, agents, and employees. The policy shall provide a
products/completed operations endorsement and coverage for contractual liability and
acts of independent Provider.
Comprehensive Motor Vehicle Liability Insurance on all vehicles used in connection with
the contract, whether owned, non owned or hired as follows:
$250,000 for injuries to one person per occurrence; $500,000 for injuries to all persons in
a single occurrence per occurrence; and $100,000 for property damage per occurrence,
OR
$600,000 combined single limit per occurrence.
The policy shall name the City of Wichita Falls as an additional insured and include a
waiver of subrogation against Provider and its officers, agents, and employees.
Article 12. Reporting
The Provider shall promptly advise the City in writing of events which have a significant impact
upon the work performed under this agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the
schedules and goals, or preclude the attainment of project work units by
established time periods. This disclosure shall be accomplished by a statement
of the action taken or contemplated and any City assistance needed to resolve
the situation.
2. Favorable developments or events that enable meeting time schedules and
goals sooner than anticipated or producing more work units than originally
projected.
Article 13. Indemnification Provider
The Provider agrees to indemnify and save harmless the City and its officers and employees
from all claims and liability due to activities of itself, its agents, or employees, performed under
this contract and which are caused by or result from error, omission, or negligent act of the
Provider or of any person employed by the Provider. The Provider shall also indemnify and
save harmless the City from any and all expense, including, but not limited to, attorney fees
which may be incurred by the City in litigation or otherwise resisting said claim or liabilities
which may be imposed on the City as a result of such activities by the Provider or its
employees. The Provider further agrees to indemnify and save harmless the City from and
against all claims, demands, and causes of action of every kind and character brought by any
employee of the Provider against the City due to personal injuries and/or death to such
employee resulting from any alleged negligent act by either commission or omission on the
part of the Provider.
Article 14. Records
The Provider agrees to maintain all books, papers, drawings, accounting records, and
evidence pertaining to costs incurred and work performed hereunder, hereinafter called the
records, and shall make such records available at its office during the contract period and for
four (4) years from the date of final payment under this contract.
The Provider shall allow access to the records by duly authorized representatives of the
City for the purpose of making audits, examinations, excerpts, and transactions.
Article 15. Conflict of Interest
The undersigned represents that its company has no conflict of interest that would in any
any way conflicts with the interests of the City. The Provider shall exercise reasonable
care and diligence to prevent any actions or conditions that could result in a conflict with
the City's interests.
Provider shall provide the City with a completed Form 1295 before beginning work.
Article 16. Termination
This agreement may be terminated before the completion date established in Article 1,
Contract Period, by any of the following:
A. By mutual consent and agreement of both parties hereto.
B. By the City, via written notice to the Provider, as a consequence of failure by the
Provider to perform the services herein set forth in a satisfactory manner and within
the limits provided, with proper allowances being made for circumstances beyond the
control of the Provider.
C. By either party upon the failure of the other party to fulfill its obligations as set forth in
the Scope of Work attached hereto and labeled Attachment A, via written notice one
to the other establishing the effective date of termination.
D. By satisfactory completion of all services and obligations described herein.
Should the City terminate this agreement, no costs other than costs due and payable at the
time of termination shall thereafter be paid to the Provider. In determining the value of the
work performed by the Provider prior to termination, the City will consult with the Provider, but
the City shall be the sole judge. Payment for eligible costs incurred pursuant to a notice of
termination will be based on work completed at that time.
Should the Provider default in performance of this agreement or if the City terminates the
agreement for fault on the part of the Provider, in determining payment, the City will give
consideration to the actual services or products provided up to the date of default, the costs
to the City of employing another firm to complete the required work and the time required to
do so, and other factors which affect the value to the City of the work performed at the time of
default.
Article 17. Disputes
If a dispute arises about the services authorized under this agreement, the Provider shall
immediately notify the City. Every effort shall be made to resolve the dispute. If, however, the
dispute cannot be settled in an amount of time deemed reasonable by the City, the City will
terminate this agreement in accordance with Article 16, Termination. If the City enters into a
contract with a new Provider because the dispute with the original Provider could not be
settled in an amount of time deemed reasonable by the City, then the original Provider will
have access to all remedies existing at law and in equity.
Article 18. Remedies
Violations or breach of the terms of this agreement by the Provider shall be grounds for
termination of the contract. This agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at law and in equity may be availed
by either party and shall be cumulative.
Article 19. Compliance with Laws
The parties shall comply with all applicable federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any matter affecting the performance of this contract, including, without
regulations, licensing laws and regulation, and nondiscrimination laws. When required, the
parties shall furnish each other with satisfactory proof of compliance.
Article 20. Successors and Assigns
The City and Provider do each hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of this
contract.
If any action at law or in equity is necessary to enforce this agreement, each party agrees to
party. CONTRACTOR understands that Texas Local Government Code subchapter I, §
271.153(a)(3) provides that the total amount of money awarded in an adjudication brought
CONTRACTOR and CITY expressly waive all statutory and other rights
fees pursuant to in § 271.153(a)(3) and all other law.
Article 22. Governmental Function Clause
All parties agree that this contract is one wherein the CITY is solely performing a governmental
function. All parties expressly agree that the City is not engaging in any propriety functions.
Article 23. Contractual Damages Limitations Clause
All parties agree that damages in this contract are limited only to those authorized under Texas
Local Government Code Section 271.153. Specifically, the City is not liable for consequential
damages or exemplary damages.
Verification.
I, ____________________, being over the age of eighteen years and in my official capacity
representing an entity that is a party to this contract with the City of Wichita Falls, hereby swear
and verify under oath:
(1) Entity does not boycott Israel; and
(2) Entity will not boycott Israel during the term of this contract.
_____________________________
Signature
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives in one or more counterparts, each of which shall be deemed an original, effective as
of the Effective Date.
City of Wichita Falls Work Services Corporation
By: By:
(Authorized Signature) (Authorized Signature)
Name Name
(Print or Type) (Print or Type)
Title: Title:
(Print or Type) (Print or Type)
Date: Date:
ATTACHMENT A
SCOPE OF WORK
1.
Bid shall be for a one (1)-year contract with no fewer than 26 mowing cycles per year, with
a cycle being defined as a continuous effort until all sites and acreage subject to the
contract have been completed. Consideration shall be given for seasonal mowing as
follows:
April 15 October 15 of any given year: To the greatest extent practical and within
the above described standards, contractor shall complete one (1) cycle per week
up to the maximum number of mowing cycles provided for in the contract. The City
reserves the right to adjust cycle schedule during excessively dry periods.
October 16 of given year to April 14 of following year: Contractor shall agree to
maximum number of 26 mowing cycles has been reached. Thereafter, contractor
shall agree to provide additiona
the City and at the same bid/unit cost.
2.
Bids will be by the price for one mowing cycle.
3.
Payments will be made monthly after each cycle is completed, inspected and invoiced.
4.
Contractor shall mow, weed-eat and edge within the designated areas including trees and
landscape areas currently maintained by the City. The City shall water, mulch and
maintain weed control around trees and in flower beds.
5.
Provider shall mow grass to a height no less than 4 inches and no more than 5 inches.
6.
Mowers shall be operated to discharge grass onto the turf areas and not roadways,
gutters, or storm water drains.
7.
Curb & sidewalk edging shall be accomplished by line or steel blade trimming. Clippings
shall be blown into turf areas and not the roadways.
8.
Crack weeds on parking lots, sidewalks, curb and gutters shall be controlled with either
glyphosate or a combination of glyphosate and a City approved residual herbicide prior to
.
9.
Structure edging (signs, railings, drainage structures and around buildings) shall be
-residual herbicide,
% in order
to prevent erosion.
10.
The contractor agrees to furnish, erect, and maintain any barricades, signs and traffic
handling devices in accordance with the latest Manual of Uniform Traffic Control Devices,
to the satisfaction of the TXDOT, as may be required to protect the safety of the traveling
public while performing work on the project.
11.
Litter shall be removed by the contractor prior to mowing.
12.
During inclement weather, mowing shall cease until ground is dry enough to prevent
rutting. All damage shall be repaired by the contractor.
13.
Mowing shall be uniform in appearance with no missed areas.
14.
Irrigation valves marked by the City shall be avoided by mowers to prevent damage.
15.
Chemical applicator(s) must possess a TDA Commercial Applicators License. Chemical
records shall be kept on file and provided at the request of TDA or by the City.
City Parks Grounds To Be Maintained
Park Location Acres Bid Amount
Belair Opel & Leslie 2.7 $ 145.00
Bridwell Harrison & Avenue C 8.6 $ 260.00
Cityview 4309 View Park 6.3 $ 260.00
Conoco 1200 N. MLK 2.6 $ 105.00
Edgemere 1579 Mesquite 5.6 $ 180.00
Grant Street Grant & Avenue L 0.6 $ 65.00
Harold Jones 1400 Ninth 4.2 $ 180.00
Hursh 4211 Kelly 5.75 $ 180.00
Indian Heights 2004 Indian Heights 0.9 $ 65.00
Jalonick 400 Jalonick 9.4 $ 260.00
Jarratt 3715 Cumberland 1.2 $ 65.00
Lamar 2300 Lucas 9.4 $ 300.00
Lincoln Roosevelt & Holmes 4.0 $ 220.00
Lions JoAnn & Katherine 5.6 $ 180.00
Roselawn 2403 Roselawn 2.4 $ 145.00
Rotary 4301 Phillips 9.4 $ 380.00
Sunset Terrace 1612 Cimarron 10.7 $ 260.00
Westover 1050 E. Wenonah 7.9 $ 220.00
TOTAL 97.25 $ 90,220.00