The URL can be used to link to this page

Home My WebLink AboutResolution - 4877 - Weed Agreement - Ken Kelley - Weed & Rubbish Removal - 06/22/1995Resolution No. 4877 June 22, 1995 Item #15 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 Ken Kelley, 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: a C�� 'j Betty A Johnson, City Secretary APPROVED AS TO CONTENT: Terry Ellerbro , Managing Director of Water Utilities APPROVED AS TO FORM: Lina Reyes-Tre i o, Assistant City Attorney LRT.js/KK-WDAGT.RES ccdocs/May 31, 1995 Resolution No. 4877 June 22, 1995 Item #15 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 KEN KELLEY, 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 B being 7308 Genoa, 3803 82nd and 5102 29th Street; Group C being 2520 - 3rd Street, 3000 N. Quaker and Shallowater P/S; Group D being 3418 - 50th Street and 2218 - 35th Street; and Group F being Water Utilities Plant, 6001 N. Guava and 6 M.G. Clearwell: 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. 10. At the Water Treatment Plant, 6001 North Guava, the same specifications for mowing apply. In addition, the front part of this property, (where the turf grass is located), will require a floating deck mower. 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. WEED AND RUBBISH REMOVAL AGREEMENT KEN KELLEY ---- PAGE 2 IV. CITY shall pay CONTRACTOR in accordance with the mowing bids in the following group rates: GROUP B: $300.00 (Unit mowing price) 7308 Genoa 3803 - 82nd Street 5102 - 29th Street GROUP C: $167.50 (Unit mowing price) 2520 - 3rd Street 3000 N. Quaker Shallowater P/S GROUP D: $130.00 (Unit mowing price) 3418 - 50th Street 2218 - 35th Street GROUP F: $700.00 (Unit mowing price) Water Utilities Plant 6001 N. Guava 6 M.G. Clearwell ky 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. WEED AND RUBBISH REMOVAL AGREEMENT KEN KELLEY ---- PAGE 3 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. 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. VII. 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, WEED AND RUBBISH REMOVAL AGREEMENT KEN KELLEY ---- PAGE 4 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. 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. WEED AND RUBBISH REMOVAL AGREEMENT KEN KELLEY ---- PAGE 5 IX. This Weed and Rubbish Removal Agreement shall become effective immediately upon execution and shall be effective until March 15, 1996, or upon violation of any of the terms contained herein. ATTEST: 8vt'- /Ck C��c etty M. ohnson, Cit Secretary LRT.js/KK-WDAGT.DOC CityAtthev. June 13, 1995 _ day of .Tune , 1995. CONTRACTOR /,, � 7 1.1/(*, KEN KELLEY ADDRESS: 7Wal WEED AND RUBBISH REMOVAL AGREEMENT KEN KELLEY ---- PAGE 6