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Home My WebLink AboutResolution - 4876 - Weed Agreement - Larry Torres - Weed & Rubbish Remocal - 06/22/1995Resolution No.4876 June 22, 1995 Item 414 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Weed Agreement between the City of Lubbock and Larry Torres, for the removal of weeds and rubbish, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: �� v,-- c�'� Betty M. Johnson, Ci Secretary APPROVED AS TO CONTENT: Terry Ellerbro6k, Managing Director of Water Utilities APPROVED AS TO FORM: Lina Reyes -Trevi ssistant City Attorney LRT.js/LT-WDAGT.RES ccdocs/May 31, 1995 Resolution No. 4876 June 22, 1995 Item #14 WEED AND RUBBISH REMOVAL AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into between the CITY OF LUBBOCK WATER UTILITIES, hereinafter called "CITY" and LARRY TORRES, hereinafter called "CONTRACTOR" for the mowing of weeds and the removal of rubbish and debris within the City of Lubbock: WITNESSETH: WHEREAS, CITY has enacted an amendment to its Code of Ordinances providing for the removal of weeds and rubbish within the corporate limits of the City of Lubbock, CITY enters into this Agreement with CONTRACTOR for the performance of such services upon the terms and conditions set forth herein; NOW THEREFORE: I. CONTRACTOR hereby agrees to the following terms and conditions for the property in Group A being 401 Avenue A, 202 N. 1-27, and Canyon Lakes Overhead and Group E being 402 - 66th Street and 3301 SE Loop 289: 1. The bid is for the entire season, not just for one mowing; 2. All the yards will be mowed with some type of mowing equipment such as a mower or a shredder; 3. After mowing/cleaning is completed, yards will be inspected and approved by a water treatment employee before payment is made. 4. All sidewalks, reservoir, value boxes and fence rows must be edged with a weedeater or an edger; 5. All value box tops and sidewalks will be swept or cleaned -off after all mowing is done; 6. Yards will need to be cleaned of large papers, boxes and other large trash before mowing including removal of all brush, rubbish, trash, debris, garbage and other unsanitary matter necessary to complete the mowing; 7. All permanently attached fixtures, such as foundations, well heads and cement work, shall be excluded from being removed regardless of interference with mowing; 8. Some properties may have to be cut more frequently; 9. The bid is based on a unit mowing price (one time charge), and the contractor will be paid for each time the property is mowed. All acts must be performed in accordance with all applicable Ordinances of the City of Lubbock. II. CONTRACTOR will be contacted by Scott Connery or a representative of Water Utilities when yards need to be mowed. Should CONTRACTOR fail to fulfill the terms of this Contract, the CITY reserves the right to hire a substitute CONTRACTOR following notice to the original CONTRACTOR. In such event, the original CONTRACTOR shall not receive payment for services partially rendered. CONTRACTOR will submit a bill to Water Utilities and in most cases be paid within the week. Under no circumstances will CONTRACTOR be paid without first having received approval by a Water Utilities representative. IV. CITY shall pay CONTRACTOR in accordance with the mowing bids in the following group rates: GROUP A: $424.00 (Unit mowing price) 401 Avenue A 202 N. 1-27 Canyon Lakes Overhead GROUP E: $225.00 (Unit mowing price) 402 - 66th Street 3301 SE Loop 289 WEED AND RUBBISH REMOVAL AGREEMENT LARRY TORRES ---- PAGE 2 V. CONTRACTOR shall procure and carry at its sole expense throughout the life of this Agreement, insurance protection for both CONTRACTOR and CITY. The CITY is to be named as an additional insured on each policy, and a copy of such endorsement must be attached to each Certificate of Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Agreement. Required minimum liability limits as follows: A. COMPREHENSIVE GENERAL LIABILITY -- In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) combined single limit, including bodily injury, accidental death and property damage. B. AUTOMOBILE INSURANCE -- In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) combined single limit, including bodily injury, accidental death and property damage. C. WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE -- To cover all employees on the job with Employer's Liability of at least FIVE HUNDRED THOUSAND DOLLARS ($500,000). This requirement may be waived by execution of an Affidavit which certifies that CONTRACTOR has no employees. Before work is commenced, CONTRACTOR shall submit to 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. The Certificate of Insurance must include: A. The name and address of the insured. B. The CITY named as an additional insured. C. The name of the policy & type or types of insurance in force thereunder. D. Commencement and expiration dates of the policy and the limits of liability thereunder. WEED AND RUBBISH REMOVAL AGREEMENT LARRY TORRES ---- PAGE 3 E. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown on the policy. F. A provision that written notice shall be given to CITY ten (10) days prior to any change in or cancellation of the policies shown on the certificate. VI. CONTRACTOR shall not assign this Agreement without the consent of CITY in writing. 1IV/1P CONTRACTOR shall hold 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 CONTRACTOR or its employees, or from any claims or amounts arising or recovered under any law, bylaw, ordinance, regulation, order or decree. CONTRACTOR shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect or misconduct of CONTRACTOR or its agents or employees in the manner or method of performing the work in this Agreement. VIII. During the performance of this Contract, CONTRACTOR agrees as follows: A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed, and that during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. WEED AND RUBBISH REMOVAL AGREEMENT LARRY TORRES ---- PAGE 4 B. CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. CONTRACTOR shall comply with the Americans with Disabilities Act of 1990 and shall not discriminate against a qualified individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. D. CONTRACTOR shall incorporate the foregoing requirements in all subcontracts. IX. This Weed and Rubbish Removal Agreement shall become effective immediately upon execution and shall be effective until December 31, 1995, or upon violation of any of the terms contained herein. S OrTMAND,g this tt�.—.2 d day of MIA klwA�'F A CONTRACTOR MAYOR %} ' '^--LARRY TO ATTEST: &zt,- /J cv-zL Betty M1 Johnson, Ctty Secretary LRT.js/LT-WDAGT.DOC CityAtt/rev. June 13, 1995 ,Tune , 1995. ADDRESS: lSly E �o LL L Nb o ck %errQ s WEED AND RUBBISH REMOVAL AGREEMENT LARRY TORRES ---- PAGE 5 -79ya3