Res 131-83 7/5/1983RESOLUTION NO.2P I
RESOLUTION ACCEPTING BIDS AND" AWARDING
CONTRACTS FOR MAINTENANCE OF CERTAIN
STREET MEDIANS.
WHEREAS, informal written bid forms were sent to twenty-five
mowing contractors in Wichita Falls; and,
WHEREAS, two bids were received for the maintenance of Group #1
and one bid was received for the maintenance of Group #2; and,
WHEREAS, a lottery drawing was conducted in the Legal Office
of the City of Wichita Falls in order to fairly and impartially
select a maintenance contractor for Group #1; and,
WHEREAS, the City Council accepts these bids as fair and
reasonable and approves this maintenance program as a pilot project
for the remaining of the growing season through September 30, 1983.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The bids received from Vester Duncan and Gary Burton are
hereby accepted, and the City Manager is authorized to execute
those certain contracts, copies of which are attached hereto, for
the period commencing July 5, 1983 for the remainder of the 1983
growing season.
PASSED AND APPROVED this the 5th day of July, 1983.
AO
M Y O R
ATTEST:
City C erk
STATE OF TEXAS X
COUNTY OF WICHITA X
City of Wichita Falls
Parks and Recreation Department
Contract for Maintenance of Certain City Park Lands
This agreement made and entered into by and between the City
of Wichita Falls, a municipal corporation, and Vester A. Duncan
hereinafter called Contractor.
Scope: Contractor shall furnish all labor, materials, equipment,
supplies, and services to maintain, in a superior condition, those
parcels of park land described below. Areas shall be maintained to
provide a clean, neat appearance according to the specifications set
out in this contract.
Locations: Parcels to be maintained by Contractor are the following:
Group # 1 As described in Supplement C
Group #
General:
A. All work must be performed in a safe, professional, workmanlike
manner with quality equipment and materials. All equipment must be
maintained for top performance and safety. All mowers used in this
contract must be equipped with a deflector shield on the grass discharge
area of the mowing deck, and all mowers, edgers, and trimmers must
be available for a safety inspection by a representative of the Parks
and Recreation Department, if deemed necessary.
B. All areas must be mowed once every seven days. Mowing height
shall be no less than 12 inches, and no more than 21/2 inches. Mower
adjustments are to be made and measured on a flat, paved surface.
C. Grass clippings should be left on the lawn, and a mowing pattern
should be used so as to prevent clippings from blowing in the street
or making large piles on the turf.
D. All turf areas must be free of debris and trash before mowing,
and said debris must be removed from site by Contractor and deposited
in an authorized dump site. All debris hauling must be done in such
a manner as to abide by all applicable City and State codes and laws.
E. All formed concrete surfaces (sidewalks, drives, playing surfaces,
curbs, etc. ) must be edged uniformly and swept free of grass, dirt, and
debris at completion.
F. Any damaged park property observed by Contractor must be
reported to the Parks and Recreation Office, 322-5611, Ext. 265, on the
same day that damage is observed, or, if office is closed, the first
working day that office is open after observation of damage.
G. Contractor shall be responsible for repairs of all plant materials
and/or park improvements damaged by him or his employees during the per-
formance of this maintenance contract. The Parks and Recreation Office
must be notified if such damage is sustained by Contractor so that a
Parks and Recreation representative may assess degree of damage before
repairs are made.
2-
Liability: The City of Wichita Falls, the Parks and Recreation Department,
and its authorized agents will not be liable for any loss or damage sus-
tained by Contractor or any other person. Contractor shall save the City
of Wichita Falls whole and harmless from any and all claims for damage of
whatever kind and nature, suffered or asserted to have been suffered by
Contractor or any property or employee of Contractor or any other person
arising out of or resulting from or in any way connected with the perfor-
mance of this contract. Contractor shall exercise every necessary
precaution for the safety of the property and the protection of any and
all persons and/or property located adjacent to or making passage through
said property. Contractor agrees to execute document or waiver and
indemnification as outlined in Supplement B.
Insurance: Contractor further agrees to provide City with a certificate
of insurance attesting to the ownership of a contractor' s liability
insurance policy in the amount of $300,000 . 00 per occurrence , bodily
injury; and property damage liability in the amount of not less than
50,000.00.
Compensation: City shall pay Contractor as follows:
70. 00 per week for Group # 1
per week for Group #
After completion of the work as outlined, Contractor shall fill out a
request for compensation form as shown on Supplement A and turn in to the
Parks and Recreation Office, Room 109 of Memorial Auditorium on a weekly
basis. A representative of the Parks Department shall inspect the site
to insure that Contractor' s work meets the required standards, and a
request for payment will be issued to the City' s Finance Department.
City's Finance Department shall issue a check to Contractor on the next
3-
regular check-writing date. Request for compensation shall be submitted
in a timely manner to ensure that the work site will be in an acceptable
condition for payment to be authorized.
Term: Contract shall be for the remainder of the 1983 growing season,
through September 30.
Termination or Transfer: Contractor shall not transfer or assign this
agreement or any portion thereof to any person or persons, except upon
written approval of the Director of Parks and Recreation. Either party
may terminate this contract with one week written notice prior to termina-
tion to the other party.
This agreement entered into this the 5th day of July
1983
City Manager
Contractor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4-
Maintenance Supplement A
Contract Maintenance of Park Lands
Request for Compensation
Contractor' s Name:
Contractor' s Address: Zip:
Telephone:
Amount Due:
Group
Group Work Site # Date Completed Total $
Total Due
As a maintenance contractor, I hereby submit that work was performed
according to the City of Wichita Falls' specifications and request that
a work site inspection be made in order to approve payment.
Contractor
Organization (If Applicable)
Inspected and approved for payment 198
Park and Recreation Department
Maintenance Supplement B
Waiver and Indemnification
I, residing at
for and in consideration of the extension of a
contract to perform certain lawn care and maintenance services for the
City of Wichita Falls Parks and Recreation Department in
hereby acknowledge that I am aware of the risks
inherent in such acts, especially the risks inherent in the use of
powered lawn cutting and maintenance equipment to be used in the perfor-
mance of said contract; and further, I agree to indemnify and hold the
City of Wichita Falls harmless against any and all claims by all persons
arising out of the work to be performed by me under the aforesaid lawn
maintenance contract, as well as claims by agents, servants, employees,
or any member of their family acting in his stead for any injury or damage
occurring including acts of employees of the City of Wichita Falls,
property damage claims, or personal injury during the term of this contract.
In my own behalf, for and in consideration of the above aforesaid contract
with the City of Wichita Falls, I hereby acknowledge that I am fully
aware of the risks that I may incur in performing said contract and agree
to indemnify and hold harmless the City of Wichita Falls for any and
all injuries that I may incur in the course of performance of said
contract.
Maintenance Supplement C
PARK LANDS AVAILABLE FOR CONTRACT MAINTENANCE
Group Location Approx. Acres Payment
1 Clarinda & Speedway 02
Martin & Speedway 12
Cooke & Speedway 21
Berkley & Cooke (North) 06
Berkley & Cooke (South) 07
Avondale & Taft 06
Speedway & Taft 09
Ardath & Kell 04
Bridwell Boulevard 15
Hairpin Curve 04
Horseshoe Bend 03
TOTAL 89 70. 00 per week
2 Edison Boulevard 1. 22
Edison 400 Blk-North 33
Edison 500 Blk-North 34
Edison 600 Blk-North 43
TOTAL 2. 32 80.00 per week
ete
STATE OF TEXAS X
COUNTY OF WICHITA X
City of Wichita Falls
Parks and Recreation Department
Contract for Maintenance of Certain City Park Lands
This agreement made and entered into by and between the City
of Wichita Falls, a municipal corporation, and Gary Burton dba
Triple "P" Lawn Care , hereinafter called Contractor.
Scope: Contractor shall furnish all labor, materials, equipment,
supplies, and services to maintain, in a superior condition, those
parcels of park land described below. Areas shall be maintained to
provide a clean, neat appearance according to the specifications set
out in this contract.
Locations: Parcels to be maintained by Contractor are the following:
Group # 2 As described in Supplement C
Group #
General:
A. All work must be performed in a safe, professional, workmanlike
manner with quality equipment and materials. All equipment must be
maintained for top performance and safety. All mowers used in this
contract must be equipped with a deflector shield on the grass discharge
area of the mowing deck, and all mowers, edgers, and trimmers must
be available for a safety inspection by a representative of the Parks
and Recreation Department, if deemed necessary.
B. All areas must be mowed once every seven days. Mowing height
shall be no less than 12 inches, and no more than 21/2 inches. Mower
adjustments are to be made and measured on a flat, paved surface.
C. Grass clippings should be left on the lawn, and a mowing pattern
should be used so as to prevent clippings from blowing in the street
or making large piles on the turf.
D. All turf areas must be free of debris and trash before mowing,
and said debris must be removed from site by Contractor and deposited
in an authorized dump site. All debris hauling must be done in such
a manner as to abide by all applicable City and State codes and laws.
E. All formed concrete surfaces (sidewalks, drives, playing surfaces,
curbs, etc. ) must be edged uniformly and swept free of grass, dirt, and
debris at completion.
F. Any damaged park property observed by Contractor must be
reported to the Parks and Recreation Office, 322-5611, Ext. 265, on the
same day that damage is observed, or, if office is closed, the first
working day that office is open after observation of damage.
G. Contractor shall be responsible for repairs of all plant materials
and/or park improvements damaged by him or his employees during the per-
formance of this maintenance contract. The Parks and Recreation Office
must be notified if such damage is sustained by Contractor so that a
Parks and Recreation representative may assess degree of damage before
repairs are made.
2-
Liability: The City of Wichita Falls, the Parks and Recreation Department,
and its authorized agents will not be liable for any loss or damage sus-
tained by Contractor or any other person. Contractor shall save the City
of Wichita Falls whole and harmless from any and all claims for damage of
whatever kind and nature, suffered or asserted to have been suffered by
Contractor or any property or employee of Contractor or any other person
arising out of or resulting from or in any way connected with the perfor-
mance of this contract. Contractor shall exercise every necessary
precaution for the safety of the property and the protection of any and
all persons and/or property located adjacent to or making passage through
said property. Contractor agrees to execute document or waiver and
indemnification as outlined in Supplement B.
Insurance: Contractor further agrees to provide City with a certificate
of insurance attesting to the ownership of a contractor' s liability
insurance policy in the amount of $300,000. 00 per occurrence, bodily
injury; and property damage liability in the amount of not less than
50,000. 00.
Compensation: City shall pay Contractor as follows:
80. 00 per week for Group # 2
per week for Group #
After completion of the work as outlined, Contractor shall fill out a
request for compensation form as shown on Supplement A and turn in to the
Parks and Recreation Office, Room 109 of Memorial Auditorium on a weekly
basis. A representative of the Parks Department shall inspect the site
to insure that Contractor' s work meets the required standards, and a
request for payment will be issued to the City' s Finance Department.
City's Finance Department shall issue a check to Contractor on the next
3-
regular check-writing date. Request for compensation shall be submitted
in a timely manner to ensure that the work site will be in an acceptable
condition for payment to be authorized.
Term: Contract shall be for the remainder of the 1983 growing season,
through September 30.
Termination or Transfer: Contractor shall not transfer or assign this
agreement or any portion thereof to any person or persons , except upon
written approval of the Director of Parks and Recreation. Either party
may terminate this contract with one week written notice prior to termina-
tion to the other party.
This agreement entered into this the 5th day of July
198 3
City Manager
Contractor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4-
Maintenance Supplement A
Contract Maintenance of Park Lands
Request for Compensation
Contractor' s Name:
Contractor' s Address: Zip:
Telephone:
Amount Due:
Group
Group Work Site # Date Completed Total $
Total Due
As a maintenance contractor, I hereby submit that work was performed
according to the City of Wichita Falls' specifications and request that
a work site inspection be made in order to approve payment.
Contractor
Organization (If Applicable)
Inspected and approved for payment 198
Park and Recreation Department
Maintenance Supplement B
Waiver and Indemnification
I, residing at
for and in consideration of the extension of a
contract to perform certain lawn care and maintenance services for the
City of Wichita Falls Parks and Recreation Department in
hereby acknowledge that I am aware of the risks
inherent in such acts, especially the risks inherent in the use of
powered lawn cutting and maintenance equipment to be used in the perfor-
mance of said contract; and further, I agree to indemnify and hold the
City of Wichita Falls harmless against any and all claims by all persons
arising out of the work to be performed by me under the aforesaid lawn
maintenance contract, as well as claims by agents, servants, employees,
or any member of their family acting in his stead for any injury or damage
occurring including acts of employees of the City of Wichita Falls,
property damage claims, or personal injury during the term of this contract.
In my own behalf, for and in consideration of the above aforesaid contract
with the City of Wichita Falls, I hereby acknowledge that I am fully
aware of the risks that I may incur in performing said contract and agree
to indemnify and hold harmless the City of Wichita Falls for any and
all injuries that I may incur in the course of performance of said
contract.
Maintenance Supplement C
PARK LANDS AVAILABLE FOR CONTRACT MAINTENANCE
Group Location Approx. Acres Payment
1 Clarinda & Speedway 02
Martin & Speedway 12
Cooke & Speedway 21
Berkley & Cooke (North) 06
Berkley & Cooke (South) 07
Avondale & Taft 06
Speedway & Taft 09
Ardath & Kell 04
Bridwell Boulevard 15
Hairpin Curve 04
Horseshoe Bend 03
TOTAL 89 70 . 00 per week
2 Edison Boulevard 1. 22
Edison 400 Blk-North 33
Edison 500 Blk-North 34
Edison 600 Blk-North 43
TOTAL 2. 32 80. 00 per week
ry