HomeMy WebLinkAboutContract 25789 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 Tarrant County, Texas ("City"), acting by and through Charles Boswell,
its duly authorized Assistant City Manager, and Como First Baptist Church ("Contractor"),
acting by and through Kenneth Jones, 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.
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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 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.
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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 improve
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:
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:
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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.
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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.
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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: GS� ZVQ�
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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
triplicate by their authorization representatives on this 9- day of
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CONTRACTOR CITY OF FORT WORTH
Como First Baptist Church BY: 6z.
'` Charles Boswell
Kenneth Jones Assistant City Manager
City of Fort Worth
Pastor and Business Administrator Title
WITNESS:
G oria Pearson _
City Secretary
City of Fort Worth
APPROVED AS TO FORM
AND LEGALITY:
Print Name
BY
Ass•stant City Attorney
City of Fort Worth
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Contract Aut
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Date
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City of Fort Worth, Texas
"Allan Anti council Communication
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.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
sPKovFo
Charles Boswell 8511 CITY COUNCIL
Originating Department Head:
Tom Davis 6300 (from) NAR 28 2000
GG01 539530 0214003 $60,000.00 ��.6(�1JAdditional Information Contact: tJ
Ctty'Semtary of the
Tom Davis 6300 . city of royt W&N lie