Res 095-82 5/28/19821
RESOLUTION NO. 95-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR THE CLEANING
AND CLEARING OF CERTAIN SECTIONS OF HOLLIDAY
CREEK.
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
concerning the cleaning and clearing of certain
sections of Holliday Creek in Wichita Falls to encompass those parts
between Harding Street and the Wichita River and between Midwestern
Parkway and Lake Park Drive south of Southwest Parkway, is hereby
approved, and the City Manager is authorized to execute the same for
the City of Wichita Falls.
PASSED AND APPROVED this the 28th day of May, 1982 .
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A Y 0 R
ATTEST:
i 'V i 1 Z_,--/ . /12
Cit Clerk
This contract , made and entered into this the 25th day of
May , 1982 , by and between the City of Wichita Falls , Texas ,
hereinafter called "City" , and
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 clearing and cleanup work on
Holliday Creek in Wichita Falls at the locations
designated by City .
2 . City shall pay Contractor at the rate of $
per hour for each hour , or fraction thereof , that the
American 4120 dragline actually performs work on this
project . City shall pay Contractor at the rate of
per hour for each hour, or fraction
thereof , that the Cat D-5 dozer (or equal) is used on
this project , such time to be computed on a portal-to-
portal basis .
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 $
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 $
4 . Contractor shall not be required to haul off the cleared
debris . It will be knocked down by Contractor and
levelled as directed by City ' s Department of Public Works .
5 . Billings will be submitted monthly by Contractor to City,
and same shall be due and payable in
on or before the 10th of the following month.
Page 3 of 4 Pages
Agenda Item No. 3.d.
6 . Contractor shall furnish to City certificates
of insurance showing that it carries a minimum of
public liability insurance of $ 100,000 and
300,000 for bodily injury and $50,000
for property damage .
7 . 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 :
Stuart A. Bach , City Manager
ATTEST :
City Clerk
BY :
Page 4 of 4 Pages
Agenda Item No. 3.d.
1