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HomeMy WebLinkAboutContract 26929 CITY SECRETARY CONTRACT NO. 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 Denton and Tarrant County, Texas ("City"), acting by and through Charles Boswell, its duly authorized Assistant City Manager, and El shaddai World Outreach Ministries ("Contractor"), acting by and through Lula Alexander, 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 through September 2001. 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 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 place 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 ackno.:Tledge DOD fro �,U��➢ ���- o 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 and the responsibility for the cost of such disposal. 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 remove the remaining high grass and weeds by any appropriate means such as mulching, raking and bagging. 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 or may send a second notice to the Contractor offering additional time to correct the problem. L. Property over two (2) acres shall be cut only 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. Any other areas on properties over two (2) acres shall not be mowed in any other areas. M. From April to September 2001 there may be Air Pollution Watch Days. On an Air Pollution Watch Day, the Contractor agrees to delay the use of any gas-powered mowers, trimmers, or equipment until after 10:00 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 receipt of proceed letter from the City. The agreement shall continue until the end of September 2001, or until terminated at an earlier date by either party. IV. TERMINATION: 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. �,ul�l GVUD U - O),b.� 9 ?-aa (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 it is determined 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, o VVLii.�i�1➢ 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 respondeate 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. 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: Superintendent of the Code Compliance Division, Department of City Services, City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 gy a 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: 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 CONTRA n tri licate by their authorization representatives on this �' day of pl" ►��D� DG V°?CSC 11 u o CONTRACTOR CITY OF FORT WORTH El Shaddai Work Outreach Ministries BY: Charles Boswell ula Alexander Assistant City Manager City of Fort Worth Pastor and Business Administrator Title ESS: G oria Pearso City Secret y Ci -of Fort orth APPROVED AS TO FORM 4je �� r,�'�" Cr ANWssista ' Print Name BY: Attorney City of Fort Worth 6 Contract kuthoriVation Date o ry O)1.`u,Hp Ta.