Res 2874 10/20/1981RESOLUTION NO. ck517$
RESOLUTION APPROVING AND AUTHORIZING CITY
MANAGER TO EXECUTE CONTRACT FOR CLEANING
AND CLEARING HOLLIDAY CREEK.
WHEREAS, the City desires to contract with a contractor
to work on a day to day basis in clearing and cleaning the
Holliday Creek channel; and,
WHEREAS, quotations have been received from two private
contractors in this area having the type and size equipment
needed for such work, and the low quotation was received from
the Zack Burkett Company, who quoted a price of $85 per hour
for a one cubic yard dragline and $45 per hour for a dozer
to be used in clearing working area for the dragline and
leveling the debris taken from the channel.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
There is hereby approved a contract with Zack Burkett
Company whereby such contractor will do clearing and cleaning
work on the Holliday Creek channel, for which the contractor
will be paid $85 per hour for a one cubic yard dragline and
45 per hour for a dozer, but the total consideration paid
for first week' s work shall not exceed $4 , 000. Thereafter,
if the amount and quality of the work accomplished is
determined to be satisfactory by the Public Works Department,
the contractor shall be authorized to continue such work
on a day to day basis at the above hourly rates. After the
first week, the City, acting through the Public Works
Department, shall have the right to stop the work and cancel
the contract at the end of any day. The maximum amount
which shall be paid to the contractor under this contract
shall be $36 , 000. The City Manager is hereby authorized to
execute such a contract with Zack Burkett Company.
PASSED AND APPROVED this the 20th day of October, 1981.
D A Y O R
ATTEST:
City Clerk
2-
This contract , made and entered into this the
20th day of October, 1981, by and between the City
of Wichita Falls, Texas, hereinafter called "City" ,
and- Zack Burkett Company, hereinafter called "Con-
tractor" ,
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
85 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
45 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 $4 ,000. There-
after, 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 $36 , 000.
4
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 Graham, Young County, Texas
on or before the 10th of the following month.
6. Contractor shall furnish to City certificates
of insurance showing that it carries a min-
imum of public liability insurance of $100, 000
and $300, 000 for bodily injury and $50, 000
for property damage.
7 . Notwithstanding the other provisons 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
3;]:=4144....e,/74-7 c..4C,
tuart A. Bach,
City Manager
ATTEST:
1 7-1L4=c-A,
City Clerk
ZACK BURKETT COMPANY
By:
Zack Burkett III,
00
President
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