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Res 043-83 2/15/1983RESOLUTION NO.S' RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE ZACK BURKETT COMPANY FOR SITE PREPARATION FOR THE CENTRAL SERVICES COMPLEX BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the Zack Burkett Company, providing for a portion of the site preparation for the Central Services Complex and calling for payment on an hourly basis, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 15th day of February, 1983. 10.. . A Y O R ATTEST: e ) s 1 City Clerk STATE OF TE>;,:5 COUNTY OF WICHITA Q i This contract. made and entered into this the 15th day of February, by and between the City of Wichita Falls. Texas, hereinafter called "City", and Zack Burkett Company, hereinafter called "Contractor", WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1. Contractor shall perform site preparation work at the proposed site of the Central Services Complex. Work shall be performed in accordance with a rough grading plan to be provided by the City. Work shall be coordinated through the City's Street Super- intendent and shall be guided by City surveyors. 2. City shall pay Contractor at the following rates per hour, or fraction thereof: 9 cu. yd. scraper 45.00 11 cu. yd. scraper 55.00 755 Track Loader 40.00 D-5 Dozer 45.00 Water Truck 25.00 Motor Grader (12 Cat or comparable) 40.00 Vibortory Compactor 35.00 Foreman and Laborer 25.00 Substitution of other equipment for equipment listed above must be approved by the Street Superintendent. 3. This contract shall have a minimum term of one week, and the total consideration paid by City to Contractor for such first week shall not exceed the sum of $4,000. Thereafter, if the amount and quality of the work accomplished is determined to be satisfactory by the Public Works Department, the work shall continue on a day-to-day basis at the above hourly rates; provided, however, the maximum amount which shall be paid by the City to Contractor under this contract shall be the sum of $40,000. 4. Itemized billings will he submitted weekly by Contractor to the City, and the same shall be due and payable in Graham, Young County, Texas on or before the 10th day after receipt by the City of such billing. Page 4 of 5 Pages Agenda Item No 13.,g. 5. Contractor shall furnish to City certificates of insurance showing that it carries a minimum of public liability insurance of 5100,000 and 5300,000 for bodily injury and S50,000 for property damage. 6. Notwithstanding the other provisions contained herein, after the end of the first week, either City or Contractor shall have the right to stop the work and cancel the contract at the end of any day. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS BY: Dane 3. Bennett, Acting City Manager ATTEST: t City Clerk ZACK BURKETT COMPANY BY: Zack Burkett III, President Z_ Page 5 of 5 Pages Agenda Item No. 13!g.