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HomeMy WebLinkAboutResolution - 1380 - Authorize Weed & Rubbish Removal Agreements, & Create Contractors Rotation List - 05_12_1983MPy T 2'19�3�i RESOLUTION 1380 - 5/12/83 SMH/mck RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE "WEED AND RUBBISH REMOVAL AGREEMENTS" AND ESTABLISHING A ROTATION LIST FOR WEED AND RUBBISH REMOVAL. WHEREAS, the City of Lubbock has enacted to its Code of Ordinances provid- ing for the removal of weeds and rubbish within the City of Lubbock, and desire: to enter into agreements for the performance of such services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Mayor is authorized to execute Weed and Rubbish Removal Agreements on behalf of the City of Lubbock, a sample of which is attached hereto. SECTION 2. THAT the Department of Zoning and Environmental Control shall establish and maintain a rotation list of contractors for weed and rubbish removal. Contractors upon such lists shall be rotated upon the basis of one week service at a time. A contractor is qualified to be listed if said contrac- tor has a minimum of two tractors and three five foot shredders. A contractor desiring to be placed upon the rotation list shall be required to make written application to the Zoning and Environmental Control Department of the City of Lubbock and shall execute an agreement for the performance of such services, a sample of which is attached hereto. Failure to complete the services required in the agreement without justification acceptable to the Zoning and Environmen- tal Control Department shall be cause for the contractor to be passed over for the next turn on the rotation list. A contractor which has been passed over two (2) times within a one year period shall be removed from the list. Passed by the City Council this 12th day of May 1983. A N HENR MAY PRO TEM (ATTEST: City Se4ffrWa3g5/-Treasurer APPROVED AS TO CONTENT: Ji Be tram, Assistant City Manager APPROVED AS TO FORM: w - 4 Susan M. Horton, Assistant City Attorney 762-6411 CITY SECRETARY -TREASURER P.0.Box 2000 LUBBOCK, TEXAS 79457 May 8, 1984 Mr. Randy Gross R & J Dirt Work Rt. 5, Box 288A17 Lubbock, Texas 79407 Dear Mr. Gross: Enclosed herewith to you is a copy of the Weed & Rubbish Removal Agreement, which you signed in my office on April 27, 1984. It has been duly executed by the Mayor and myself. There is an affidavit attached to the effect that, if you are not paid within thirty (30) days from your billing of the individual, you file that with the City, and a lien is placed against their property. A copy of this affidavit is also attached. Don't forget to comply with this part of the agreement which will be to your benefit, as well as to the City's in regard to both of us getting paid. If you have any questions, don't hesitate to give me a call. EVELYN GAFFGA, CMC City Secretary EG/jn Enclosure P/C Jim Bertram Assistant City Manager Resolution No 1380 - 5/12/83 Authorizing "Weed and Rubbish Removal f Agreement WEEDS AND RUBBISH REMOVAL AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into between the CITY OF LUBBOCK, hereinafter called "City" and R & J Dirt Work , hereinafter called "Contractor" for the removal of weeds and rubbish within the City of Lubbock: WITNESSETH: WHEREAS, the City has enacted an amendment to its Code of Ordinances providing for the removal of weeds and rubbish within the City of Lubbock, and desires to enter into an agreement with the Contractor for the performance of such services upon the terms and conditions set forth herein, NOW THEREFORE: The Contractor hereby agrees to mow to a height of not more than six (6) inches from the ground any weeds, grass or un- cultivated plants on the properties listed on mowing lists furnished by the Administrator of Zoning and Environmental Control within six (6) days from the receipt of a list. Con- tractor also agrees to remove all brush, rubbish, trash, debris, garbage and other unsanitary matter necessary to complete any mowing. All permanently attached fixtures, such as foundations, well heads and cement work, shall be excluded from the above items to be removed, regardless of interference with mowing. All acts must be performed in accordance with all ordinances of the City of Lubbock and with all provisions of this contract. II. Days of inclement weather shall be counted as work days, however, the Administrator of Zoning and Environmental Control or his duly appointed assistant shall have the authority to give time extensions if in his opinion the weather is too inclement to allow any work. Should each property not be mowed within the time allotted, the City reserves the right to complete the services with a substitute contractor. In such event, the original contractor will not receive any payment for services partially rendered. After the mowing is completed, the Contractor shall bill the property owner with an itemized bill on a form approved by the City, which bill shall contain the following: A. Property owner's name. B. Address of property mowed. C. Legal description of the property mowed. D. Square feet mowed. E. Cubic yards rubbish removed. The City shall furnish the Contractor with items "A" through "E" with each mowing list. If after 30 days the property owner has not paid the bill, the Contractor shall b"ill the City with an itemized bill. The bill shall state the date that the property was actually mowed. IV. In accordance with the provisions of paragraph III, the City shall pay the sum of $1.50 for each 1,000 square feet of•property mowed if less than an acre. The City shall pay the sum of $1.00 for each 1,000 square feet of property mowed if one acre or more. The City shall pay the sum of $7.50 per cubic yard for removal of rubbish, brush or other objectionable matter. The City shall determine the number of cubic yards to be removed. V. The Contractor shall procure and carry at his sole cost and expense throughout the life of this contract, insurance pro- tection as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in con- nection with this contract. A. Comprehensive General Liability - In an amount not less than $100,000 for bodily injuries•, including accidental death, to any on,e person_, but not less than $300,000 per occurrence and in the amount of not less than $50,000 for property damage. B. Automobile Insurance - In an amount not less than $250,000 for injuries, including accidental death, to any one person, but not less than $500,000 per occurrence, and in the amount of not less than $100,000 for property damage. r C. Worker's Compensation and Employer's Liability Insurance - To cover all employees on the job with Employer's Liability of at least $100,000 limit. Before work is commenced, the Contractor shall submit to the City for approval two (2) Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company. VI. The Contractor shall not assign this agreement without the consent of the City in writing. VII. The Contractor shall hold the City and its representatives harmless from all suits, actions or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or of any act or omission by the Contractor or his employees, or from any claims or amounts arising or recovered under any law, bylaw, ordinance, regulation, order or decree. The Contractor shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect or misconduct of the Contractor or his agents or employees in the manner or method of performing the work in this agreement. WITNESS OUR HAND this the ATTEST: Evelyn G ffga, City Secretary-Tre s rer 27th day of April CITY OF U BOC A Y Mayor ;CON RACTOR 1984 ADDRESS: —u,S�©c Y I, RANDY GROSS d/b/a R & J Dirt Wor�ereby certify. that the proper- ties on the attached list were mowed in accordance with my Agree- ment with the City of Lubbock, and that the owners of said proper- ties were sent an itemized bill in accordance with my Agreement with the City of Lubbock, and that thirty days has passed since the mailing of said bills, and that as of this date I have not received payment therefor. SIGNED this " 27th day of April 1984