HomeMy WebLinkAbout1998-052ORDINANCE NO d -054
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND
PROVIDING AN EFFECTIVE DATE (TEXAS INDUSTRIES FOR THE BLIND
AND HANDICAPPED-EASTER SEALS SOCIETY, PARKS LITTER CLEANING,
$18,579 98)
WHEREAS, Section 252 022 of the Local Government Code provides that
services performed by blind or severely disabled persons need not be submitted to
competitive bids, and
WHERE AS, the City Council has provided in the City budget for the
appropriation of funds to be used for the purchase of the services set forth in the proposed
contract, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute on behalf of
the City of Denton, Texas, a service contract, which is attached hereto and make a part
hereof for all purposes, that provides services relating to Parks Litter Cleaning with the
Texas Industries for the Blind and Handicapped -Easter Seal Society in the amount of
$18,579 98
SECTION II. That the award of this contract is based on the services under this
contract being performed by blind or severely disabled persons
SECTION III. That this ordinance shall become effective immediately upon its
passage and approval
PASSED AND APPROVED this the � day of 1998
JAC LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A ICAPPED-LITTER 01MINANCE
Contract Number 98-052
State Use Contract
This contract and agreement is entered into by and between the Receiving Party and the
Performing Parry (Assigned Work Center) pursuant to the Authority granted in
compliance with the provisions of Chapter 122, Human Resources Code, and certified by
Texas Industries for the Blind and Handicapped (TIBH Industries, Inc ) as a contract in
compliance with the provisions of Chapter 122, Human Resources Code
I. Contracting Parties:
Receiving Party City of Denton - Mr Robert Tickner
321 East McKinney
Denton, Texas 76201
Performing Party Physically Challenged Services, Inc
13300 Old Blanco Road Suite 160
San Antonio, Texas 78216
II. Statement of Services to be Performed:
Parks Litter Cleaning
III. Basis for Calculating Reimbursable Costs: See Bid Proposal
IV. Contract Amount:
The total amount of the Contract shall not exceed $ 18,579 98 per year
V. Payment of Services:
The Receiving Party shall pay Performing Party, or pay TIBH as assignee and
servicing agent of Performing Party's interest in the payment under this contract
(as directed), for goods and services received upon receipt of a proper invoice or
voucher prepared by the Assigned Work Center or TIBH within thirty (30) days
from receipt of same
Payment for services performed shall be billed monthly as outlined and services
provided
VI. Term of Contract
This contract is to begin March 15, 1998 and shall be reviewed annually or upon
shall be reviewed annually or upon request of any of the contracting parties
THE UNDERSIGNED PARTIES do hereby certify that, (i) the services specified above
are necessary and essential for activities that are properly within the statutory functions
and programs of the affected parties of Local and State Government, and (u) the services,
supplies or Contract, are not required by Section 21 of Article XVI of the Constitution of
Texas to be supplied under Contract given to the lowest responsible bidder
Contract Number
RECEIVING PARTY
Receiving Party further certifies that it has authority to contract for the above services
by authority granted in Section 122.005, Section 122 004, and 122 017, including but not
limited to Section 122 007, Chapter 122, Human Resources Code
City of Denton. Parks and Recreation Department
Name of Receiving Party
Authorized Signature
PERFORMING PARTY
The undersigned signatory for the Performing Party hereby represents and warrants that
s/he is a officer of the organization for which s/he has executed this Contract, and that the
officer has full and complete authority to enter into this contract on behalf of the
Performing Party and has legal authony to perform the activities provided for herein
sicaliv Challenged Services
NaiAe of Performing
I �P-'�-kj
Authonzed Signature
Lett'-\ 1S ,
Date
CERTIFYING PARTY
Texas Industries for the Blind and
Handicapped, Inc (TIBH Industnes, Inc)
CITY OF DENTON PARKS LITTER CLEANING SERVICE
MAINTENANCE AGREEMENT
The purpose of this contract is to supply labor, materials, supervision and transportation to clean ten
parks owned by the City of Denton hereinafter referred to as "Owner" or "City" The parks are to
be cleaned on the following frequencies based on season.
Summer: (May 1 - August 15)
FREQUENCY of EST. Nil
CLEANING per WEEK of Days
Avondale
M, W, F
46
Bowling Green
M, W, F
46
Briarcliff
M, W, F
46
Fred Moore
M, W, F
46
Joe Sidles
M, W, F
46
McKenna
M, W, F
46
Milam
M, W, F
46
Nette Schultz
M, W, F
46
Owsley
M, W, F
46
Phoenix
M, W, F
46
Fall: (August 15 - November 30)
PARKS
FREQUENCY of ESE NOt
CLEANING per WEEK of Days
Avondale
M & TH
32
Bowling Green
M & TH
32
Briarcliff
M & TH
32
Fred Moore
M & TH
32
Joe Skiles
M & TH
32
McKenna
M & TH
32
Mdam
M & TH
32
Nette Schultz
M & TH
32
Owsley
M & TH
32
Phoenix
M & TH
32
Spring: (February 15 - April 30)
PARKS
FREQUENCY of
ESE NOQ
CLEANING per WEEK
of Days
Avondale
M & TH
22
Bowling Green
M & TH
22
Briarcliff
M & TH
22
Fred Moore
M & TH
22
Joe Skiles
M & TH
22
McKenna
M & TH
22
bum
M & TH
22
Nette Schultz
M & TH
22
Owsley
M & TH
22
Phoenix
M & TH
22
The above "Est. No. of Days" is an estimate only and subject to change without notice by the Owner
All cleaning shall be completed by 5:00 p.m. on the days scheduled
All supplies needed to complete this contract shall be supplied by the Contractor Supplies are bags,
hand tools & brooms, whisk pans or debris handling tools, and other miscellaneous items as needed
EYaIi ;�.
All park facilities shall be cleaned in the same manner. The Contractor shall go by the following
work objectives:
1 Remove all litter and debris from each park to create a litter -free zone
2. Litter and debris can include but is not limited to any introduced product not normally
associated with natural park functions Natural work debris should include tree limbs or
branches, acorns or nuts, leaves, weeds, and other organic debris Any debris from park
structures are also considered park related, not introduced.
3 Pick up all litter and debris from all park surfaces which include turf areas, playing surfaces,
i.e tennis and multipurpose courts, playground surfaces, shelters and picnic areas, walkways,
parking lots and parking zones next to the park (usually 6 feet)
4. The Contractor is to place all collected litter and debris into trash receptacles provided by the
City Parks Department. The City will dispose of all collected debris and litter.
Litter Cleaning Service Maintenance Agreement
- PAGE 2 -
PEORMA=-
Parks shall be inspected regularly by Parks lhvision personnel to insure thorough cleamng and
contract comphance. For the purposes of this contract, the Superintendent of Parks shall be the
contract administrator for the City of Denton and can be contacted at the Civic Center,
321 E. Mcginney, Denton, TX 76201, (940) 349-8275. The contract administrator shall have the
authority to set cleaning schedules, communicate to the Contractor regarding any deficiencies in
performance, and terminate this contract for any breach of contract by the Contractor, if necessary
TFIUM OF CONTRACT AND CAN •ATION:
This contract shall remain in effect from the date of award to September 30, or until terminated by
either party by giving written notice of such cancellation.
This contract may be renewed and extended upon mutual agreement of the Owner and Contractor for
two (2) additional one (1) year periods at the same terns and conditions
The Owner, at its option, may cancel this contract immediately without written notice or recourse in
the event of unsatisfactory performance, breach of contract, or any unlawful and illegal acts
committed by the Contractor and/or his/her employees.
The Contractor or Owner may terminate this contract with thirty (30) days written notice The
absence of written notice of cancellation by the Contractor subjects the Contractor to forfeiture of one
week's payment.
TRANSPORTATION:
The Contractor shall supply transportation from facility to facility. The Contractor shall be allowed
to drive upon the facilities when necessary and shall be held liable for any property damages that
result from driving on City property, e.g ruts in wet turf
L1ARii.P1Y/]11 MMANC MX KMAN9S COMPENSATION:
Bidder's attention is directed to the insurance requirements below It is highly recommended that
bidders confer with their respective insurance camera or brokers to determine in advance of Bid
submission the availability of msurance certificates and endorsements as prescribed and provided
herem. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder
may be disqualified from award of the contract. Upon bid award, all insurance requirements shall
become contractual obligations which the successful bidder shall have a duty to maintain throughout
the course of this contract
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the nummum insurance coverage as indicated hereinafter
Latter Cleeaing Service Mamtenance Agreement
- PAGE 3-
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department, satisfactory certtficates of insurance, containing the bid number and title of the project
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such requests
prior to bid opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor shall not commence
any work or deliver any material until he or she receives notification that the contract has been
accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M. Best Company rating of at least _
• Any deductibles or self -insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self -insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following
• • Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
• • That such insurance is primary to any other insurance available to the additional
insured with respect to churns covered under the policy and that this insurance
applies separately to each insured against whom clean is made or suit is
brought. The inclusion of more than one insured shall not operate to increase
the insurer's limit of liability
• All policies shall be endorsed to provide thrty(30) days prior written notice of
cancellation, non -renewal or reduction in coverage
• Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract expiration,
such that occurrences arising during the contract term which give rise to cleans made
after expiration of the contract shall be covered
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the contractor shall
either double the occurrence limits or obtain Owners and Contractors Protective
Liability Insurance
Litter Cleanmg Service Maintmuce Agreement
- PAGE 4 -
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date H insurance is not reinstated, City may, at its sole option, termmate this
agreement effective on the date of the lapse
SPECIFIC ADDIMONAL INSURANCE REQUIREMENTS:
All utsttrance policies proposed or obtained to satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these additional
specifications throughout the duration of the Contract, or longer, if so noted
W A. General Liability Insurance:
General Liability insurance with combined single limits of not less than4>0'.00c
shall be provided and maintained by the contractor. The policy shall be
written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall Include premises, operations, products, and completed
operations, Independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall Include personal injury
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) Is used, it shall include at least•
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and
property damage resulting from explosion, collapse or underground
(XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering
this contract, personal Injury liability and broad form property damage
liability.
1Xj Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 500.000 either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
Latter Cleamng Service Mamtaoance Agmmmt
-PAGE 5 -
Injury and property damage liability arising out of the operation, maintenance and
use of all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement
for:
• any auto, or
e all owned, hired and non -owned autos
IXl Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which,
in addition to meeting the minimum statutory requirements for issuance of such
insurance, has Employer's Liability limits of at least $100,000 for each accident,
$100,000 per each employee, and a $500,000 policy limit for occupational
disease. The City need not be named as an "Additional Insured" but the insurer
shall agree to waive all rights of subrogation against the City, Its officials, agents,
employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with the
provisions of Attachment 1 in accordance with 1406.096 of the Texas Labor Code
and rule 2STAC 110.110 of the Texas Worker's Compensation Commission
ITWCCI.
I 1 Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution
of the work under this contract, an Owner's and Contractor's Protective Liability
Insurance policy naming the City as insured for property damage and bodily injury
which may arise In the prosecution of the work or contractor's operations under
this contract. Coverage shall be on an "occurrence" basis, and the policy shall be
Issued by the same insurance company that carries the contractor's liability
Insurance. Policy limits will be at least combined bodily Injury and
property damage per occurrence with a aggregate.
I 1 Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable
to the contractor or if a contractor leases or rents a portion of a City building
Limits of not less than each occurrence are required.
Iattor Cjeemng Service Mamtemnce Agreament
- PAGE 6.
I 1 Professional Liability Insurance
Professional liability Insurance with limits not less than per claim with
respect to negligent acts, errors or omissions In connection with professional
Services Is required under this Agreement.
I 1 Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall
be provided. Such policy shall include as "Named Insured" the City of Denton and
all subcontractors as their Interests may appear.
I Additional Insurance
Other Insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance is required
for a specific contract, that requirement will be described in the "Specific
Conditions" of the contract specifications.
Utter Ctawng Semce Mamtmuce Agreement
- PAGE 7 -
ATTACHMENT 1
[ ] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure Issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406.096) -
Includes all persons or entitles performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether that
person contracted directly with the contractor and regardless of whether that
person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not Include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage agreements,
which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the contractor providing services on the
project, for the duration of the project
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end
of the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity.
litter Cleaning Service Mamtwmce Agreement
- PAGE 8 -
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mad
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
M. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
Informing all persons providing services on the project that they are required to
be covered, and stating how a person may verify coverage and report lack of
coverage.
The contractor shall contractually require each person with whom it contracts
to provide services on a project, to.
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(") for all
of its employees providing services on the project, for the duration of the
project;
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor,
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
tatter Clemizig Service Muntmanca Agreement
- PAGE 9 -
(b) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
15) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mad or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
PAYMENT:
The Contractor shall submit to the Parks Superintendent and invoice for payment, fully
detailing all work performed for the previous week, Le a daily log of facilities cleaned each
day Upon approval, a check shall be processed by the Accounts Payable Division. The
Invoice shall be submitted to the Parks Superintendent no later than 5 00 p m. each Friday
for payment to be processed by Friday, 4:00 p m. of the following week. Should Invoices be
turned in after the Friday cut-off time, payment shall be made the following week
The following payment schedule shall be in effect for the term of this contract unless
amended by mutual agreement of both parties
latter Clemmg SMvioe Mamtenwm Agreement
- PAGE 10 -
PARKS
CONTRACT PRICE per CLEANING
Avondale
Bowling Green
Briarcliff
Fred Moore
Joe Skiles
McKenna
Milani
Netts Schultz
Owsley
Phoenix
Park and ark areas for cleaning may be added or deleted by written amendment to the
contract upon acknowledgement and execution of such amendment by both parties
VANDALISM:
The Contractor shall report any graffiti on walls, park structures and/or any vandalism, inside
or out, to the Parks Superintendent on the day of discovery.
CONTRArj AGREEMENT:
Both parties agree to all terms and conditions of this contract. Should Contractor not fulfill
all specifications stated within this agreement to Owner's satisfaction, Owner reserves the
right to terminate this agreement.
I (we) understand and shall willingly accept all objectives and responsibilities of this contract
on this the, day of 1998.
rl_7r��J
Name P&S yAle
1 33� 0)w RA , lu 0
Address
Phone No
vt
F al xib N
Signature
r_._•_T.rn rr
CITY OF DENTON
�
Signature
Printed Name
Title
Ltter Cleemng Service Maintenance Agreement
-PAGE 11 -
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NUM TO TM OINTMAn HUDIN NAM TO TO ure P. OnARM TO Oo 90 SHM
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AUTHORS NVN®AITATM
26-B 17187) orVASORD CORPORATION 1988