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HomeMy WebLinkAboutContract 25788 CITY SECRETARY CONTRACT NO. a LANDSCAPING AND MAINTENANCE AGREEMENT STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § This agreement is made by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant County, Texas ("City"), acting by and through Charles Boswell, its duly authorized Assistant City Manager, and World Missionary Baptist Church ("Contractor"), acting by and through Howard Cavers, its duly authorized agent. WHEREAS, the City desires to have the City-owned properties in various parts of Fort Worth landscaped and maintained, (more specifically mowed, cleared of litter and bushes and trees trimmed); and WHEREAS, the City finds such landscaping and maintenance necessary for the health and safety of its citizens; and WHEREAS, the City desires to contract with non-profit organizations located in neighborhoods where such landscaping and maintenance is required; and WHEREAS, the City desires to conduct a pilot program whereby a limited number of such properties will be landscaped and maintained; NOW, THEREFORE in consideration of the mutual promises and benefits of this Agreement, the City and Contractor agree as follows: I. DEFINITIONS: Unless a provision explicitly states otherwise, the following terms and phrases, as used in this agreement, shall have the meanings hereinafter designated. Landscaping means mowing (as set forth more fully below under "Scope of Services") and trimming of trees, bushes, and other similar growth. Maintenance means picking up litter and placing it in locations for pick-up by the City's solid waste crews. Parcel means a lot, a tract, or acres of land joined together under one (1) ownership provided by the Tarrant Appraisal District and Tarrant County ownership records. This includes any public right-of-way, or easements, listed on the City of Fort Worth land records. Adjoining public right-of-way and easements are considered part of a parcel. II. SCOPE OF WORK: A. The landscaping and maintenance work described herein shall be performed on 50 City owned properties in southeast Fort Worth (described more fully on attached Exhibit A). The actual number of properties may vary during the term of this agreement as the City sells properties or acquires additional properties. B. The Contractor agrees to furnish labor and equipment to cut grass, weeds and uncultivated growth that exceeds twelve (12) inches in height, on parcels of land. Grass, weeds and uncultivated growth shall be cut reasonably close to grade, but shall not be higher than four(4) inches upon completion of work. C. The Contractor agrees to cut all parcels whenever such growth exceeds twelve (12) inches in height during the months of April — September 2000. Contractor may also cut whenever growth is less than twelve (12) inches in height, as Contractor desires. Contractor agrees that regardless of how many times it furnishes labor and equipment for a particular parcel in any month, it shall only be paid one time for that parcel for that particular month. D. The Contractor agrees to appropriately trim trees, bushes, and other similar growth on parcels of land. E. The Contractor agrees to provide a list of the lots landscaped and maintained in the previous seven (7) days to allow Code Compliance to to perform an acceptance inspection. F. The Contractor agrees to train his/her subcontractors or employees to use the safest methods and equipment available in mowing, cutting or cleaning property. G. Before mowing, the Contractor agrees to inspect the property and take into consideration any contingencies such as high grass/weeds, brush, trees, rocks, fences, tires, trash, debris, steep slopes, gullies and any other conditions that may become evident when the property is mowed, cleaned or cut. H. The Contractor shall collect loose or scattered trash prior to mowing, cutting, or trimming and place the collections in locations identified by the City for pick-up by the City's solid waste crews. The parties acknowledge that some properties may require extensive cleaning. Tires found on parcels are to be placed in locations identified by the City for pick up by the City. Contractor will contact the City immediately in the event medical or hazardous waste is found on the parcels. The City reserves the right to determine the way such medical or hazardous waste should be disposed. EY I. The Contractor shall not discharge grass, weeds or debris into the street, onto walkways, onto adjacent properties, nor into storm sewer receptacles, along the street. J. The Contractor agrees to cut or mow as near as possible to any object such as a tree, a wall, a fence or any other object on the parcel of land. The Contractor agrees to mow the remaining high grass and weeds by any appropriate means. K. The City retains the right to assign parcels for mowing in the least costly and most expeditious manner, in the best interests of the City of Fort Worth and its citizens. The Code Compliance Division shall monitor the work performed. If the Code Compliance Division finds the landscaping and maintenance of a particular parcel unacceptable, a notice regarding the parcel shall be sent to Contractor. If Contractor does not correct the problem within five (5) days of receiving notice of the problem, the City may terminate this agreement with respect to that parcel or may send a second notice to the Contractor offering additional time to correct the problem. L. Property over two (2) acres will be cut one hundred (100) feet back from any open public street, (inclusive of any public right-of-way), and from any improved adjoining property. On properties with alleys or easements, the entirety of the alley or easement adjacent to the property will be cut as part of the parcel. M. From April to September 2000 , there may be up to twenty (20) Ozone Alert Days. On an Ozone Alert Day, the Contractor agrees to delay the use of any gas-powered mowers, trimmers, or equipment until after 10 AM. N. The Contractor shall perform work in accordance with all applicable federal, state and local laws and ordinances. O. The City reserves the right to place a sign on any or all parcels, describing the arrangement for such parcel to be landscaped and maintained. P. The City reserves the right to require that the Contractor's staff/workers who will perform this contract attend a training session held or sponsored by the City or its designee. III. TIME OF PERFORMANCE: Contractor shall begin the services to be performed under this agreement upon Notice to Proceed from the City. The agreement shall continue until the end of September 2000 or until terminated at an earlier date by either party. IV. TERMINATION: it �, Either party may terminate this agreement upon thirty(30) days prior written notice to the other, provided that such termination shall be without prejudice to any other remedy the party may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. V. EXCUSE OF PERFORMANCE: Contractor's obligation pursuant to this agreement may be suspended by either party in the event of. Acts of God, war, riot, fire, explosion, accident, flood, sabotage; lack of adequate fuel, raw material, or labor; compliance with governmental permits or other required licenses or approvals; Federal, state, or other regulatory requirements or any other event beyond the reasonable control of such party; labor disputes, strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute against its own best judgment); any or all of which aforementioned events prevents performance of this contract as deemed by the City to be beyond the control of the Contractor. VI. NOT TO EXCEED AMOUNT; PAYMENTS: A. The City and Contractor agree that the total cost of this agreement will not exceed Fifteen Thousand dollars ($15,000.00) for the contract period. The parties agree the City shall pay Fifty dollars ($50.00) per month per parcel for each parcel covered by this agreement for the contract period. B. The City will not be liable for any Contractor costs in excess of the not-to-exceed amount unless the City by written agreement authorizes the Contractor to continue. C. The City shall only pay Contractor where the City is satisfied with the work performed by Contractor pursuant to this agreement. The City shall pay the Contractor on a net 30 day basis after receipt of an invoice for the past month's work. VII. INSURANCE: A. Contractor shall not commence work under this agreement until it has obtained all insurance required in this agreement and such insurance has been approved by City. Contractor shall not allow any subcontractor to commence work on its subcontract until the subcontractor has obtained insurance coverage, commensurate with that required of Contractor and City has received proof of such insurance in the form of an acceptable certificate of insurance from an acceptable Producer/Insurance Agency. B. Contractor shall procure and shall maintain during the term of this Contract the following insurance coverage: 1. Commercial General Liability (CGL): $500,000.00 per occurrence, combined single limit; insurance coverage shall include, but not be limited to, bodily injury and property damage, contractual liability, products advertising liability, independent contractors and fire legal liability at a minimum limit of$50,000.00 2. Automobile Liability: Coverage on vehicles involved in the work performed under the agreement: $500,000.00 per occurrence combined single limit for bodily injury and property damage. C. The insurers for all policies must be approved to do business in the State of Texas for the lines of insurance coverage required herein and be currently rated in terms of financial strength and solvency to the satisfaction of the Risk Manager of the City of Fort Worth. Each insurance policy required by this agreement shall contain the following clause: This insurance shall not be canceled, limited in scope or coverage, or non- renewed until after thirty (30) days prior written notice has been given to the "Code Compliance Superintendent, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102". Similar language may be acceptable. D. (1) Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City of Fort Worth. (2) Each insurance policy required by this agreement, except for policies of worker's compensation, or acceptable accident/medical insurance shall contain the following clause: The City of Fort Worth, its officers, agents, employees, representatives and volunteers are added as additional insures as respects operations and activities of, or on behalf of, the named insured, performed under contract with the City of Fort Worth. E. Prior to commencing any work under this agreement, the Contractor shall deliver to City insurance certificates confirming the existence of the insurance required by this agreement, and including all applicable clauses referenced above. F. The City's Risk Manager is hereby authorized to reduce the requirements set forth above in the event she/he determines that such reduction is in the City's best interest. The Contractor may, at the City's sole option, be required to furnish proof satisfactory to the City that it has secured and paid for required policies of liability insurance covering all risks related to the operations contracted hereunder including mowing, cutting and clearing of property, and the operation of equipment and motor vehicles necessary to perform the work. VIII. INDEMNIFICATION: A. All work performed by Contractor and its officers, agents, employees, and subcontractors shall comply in all respects with all applicable local, state, and federal laws. Approval of said work by City shall not constitute or be deemed to be a release of the responsibility and liability of Contractor, or its officers, agents, employees, or subcontractors, for the accuracy and competency of their services provided under the agreement. Contractor further warrants that it will perform all services under this agreement in a safe, efficient, and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws and regulations. B. General Indemnification CONTRACTOR DOES HEREBY RELEASE INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS FROM AND AGAINST ANY AND ALL LIABLITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUIENCE OF THE PERFORMANCE OF THIS AGREEMENT, WHICH SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLEGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTORS, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. The obligations of the Contractor under this paragraph shall survive the expiration of this agreement and the discharge of all other obligations owed by the parties to each other hereunder. D. In all of its contracts with subcontractors of the performance of any work under this agreement, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this paragraph. IX. INDEPENDENT CONTRACTOR: Contractor shall operate hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive control of and the exclusive right to control details of the work to be performed hereunder and all persons performing same which are not specifically addressed otherwise in this agreement, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Contractor. G�CC�0PRD FeT RUSH rglo �,C51"11R 0. X. NOTICE: All notices, bills, invoices (original), and reports required by this agreement shall be sufficient if sent in writing by the parties in the United States mail, postage paid, to the persons and addressed listed below: CITY: Paul Bounds Superintendent of the Code Compliance Division, Department of City Services, City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 CONTRACTOR: XI. GOVERNING LAW: Contractor shall give all notices and comply with all federal, state, county, and city laws, rules, and regulations, Contractor shall assume full responsibility therefor and shall bear all costs and liability attributable thereto. Contractor warrants and covenants that all work performed under this agreement shall be performed in compliance with all federal, state, county, and city laws, rules, and regulations, and the Code and Charter of the City of Fort Worth. XII. ASSIGNMENT: This agreement is non-assignable, and any unauthorized purported assignment or delegation of any duties hereunder, without prior written consent of the City, shall be void and shall constitute a material breach of this agreement. XIII. ENTIRETY: This agreement constitutes the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. This agreement may be amended or changed only by the written agreement of both parties. XIV. SEVERABILITY: In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. XV. VENUE: Ls 171 Venue of any suite or cause of action under this agreement shall lie in Tarrant County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT in tri,plicate by their authorization representatives on this %7k day of CONTRACTOR CITY OF FORT WORTH World Missionary Baptist Church BY:Pl,.,A— U , LuA- ef ^, Charles Boswell Howard Cavers Assistant City Manager City of Fort Worth Pastor and Business Administrator Title WITNESS: jtz�u _- ',I- G16ria Pearso City Secretary City of Fort Worth APPROVED AS TO FORM AND LEGALITY: Print Name BY• As Stant it Ahtomey City of Fort Worth 117 9 41) ^dh r6et AUthorization 3, 1 to Ftc,,;no yuo City of Fort Worth, Texas "11601V and coun"R communicalflon DATE REFERENCE NUMBER LOG NAME PAGE 3/28/00 **C-17940 21 MOW 1 of 1 SUBJECT CONTRACT WITH NON-PROFIT ORGANIZATIONS TO ACCOMPLISH MOWING OF CITY-OWNED PROPERTIES FOR CITY SERVICES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with World Missionary Baptist Church, Como First Baptist Church, EI Shaddai World Outreach Ministries, and Presbyterian Night Shelter of Tarrant County for landscaping and maintenance services. This agreement would cover the cost of services performed on City-owned properties in the area in which the organizations are located; and 2. Authorize the individual agreements to begin April 1, 2000, and expire September 30, 2000, with an option to renew for two consecutive six-month periods; and 3. Authorize the individual agreements at a cost not to exceed $15,000 per non-profit organization, for a combined total cost not to exceed $60,000. DISCUSSION: The proposed agreement is a continuing effort by the City of Fort Worth to contract with non-profit organizations to do mowing, litter pickup, and tree trimming on City-owned properties that are centrally located to the organization. The goal of this effort is to improve the appearance of City-owned properties by providing a higher level of maintenance utilizing neighborhood people working through local non-profit neighborhood groups. There are currently 50 City-owned properties in each proposed area. The actual number may vary, however, as properties are sold or acquired throughout the term of this agreement. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: CITY V MAR 28 2000 Tom Davis 6300 (from) GG01 539530 0214003 $60,000.00 Additional Information Contact: 04.twV.."i CUT secretary of tate Tom Davis 6300 city of Fort worth TwMe