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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