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HomeMy WebLinkAboutRES 84-381 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to enter into a contract with Mental Health Mental Retardation for janitorial, lawn care and grounds maintenance service on City of Beaumont properties in the form attached hereto as Exhibit PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - CONTRACT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This contract is entered into by and between the City of Beaumont ( "CITY" ) , acting by and through its duly authorized City Manager, and MHMR of Southeast Texas ( "MHMR" ) , acting by and through , its Director duly authorized. The CITY and the MHMR hereby agree as follows: W I T N E S S E T H : SECTION I Part 1 . MHMR hereby agrees to perform janitorial, lawn care and grounds maintenance service on the properties known collectively as the City of Beaumont Civic Center Complex; specifically including the following property: 1 . Riverfront Park--restroom facility and parking lot; 2 . Civic Center--grounds and parking lot; 3 . City Hall--grounds and parking lot; 4 . Julie Rogers Theater--grounds; 5 . Tyrrell Public Library--grounds and parking lot; 6 . Tyrrell Historical Library--grounds; 7 . Police and Municipal Court--grounds , parking lot, and satellite parking; 8 . Orleans Mall--sidewalks and planting areas; 9 . Triangles/Boulevards: a. Main Street Boulevard; b. Broadway and Orleans triangle; C . Main and Walnut triangle; d . Main and Pine triangle; e . Orleans and Pearl triangle. The janitorial, lawn care and grounds maintenance services shall be performed according to the following specifications and conditions: 1 . Mowing--All lawn areas are to be mowed weekly during the growing season at 3/4 " to 1" heights. All clippings on turf areas will be removed. 2 . Edging--Lawn perimeters along walks, curbs and gutters are to be edged to maintain a crisp, clean appearance. Clean up will include removing grass clippings from walks, curbs and pavings . 3 . Monofilament Trimming--Grass around signs, fence lines, trees, poles, and other obstacles. 4 . Sweeping--All walks shall be swept daily and debris removed from the site. 5 . Shrub and Ground Cover Trimming--Shrub hedges, ground covers and boulevard and/or triangle shrubs and vines will be pruned according to recommended horticultural practices to maintain a clean attractive appearance. This is to include hand pruning suckers from the base-of trees. Plant material replacement shall be performed by the Parks and Recreation Department. 6 . Bed Weed Control--Weed and grass control in beds will include hand pulling and cultivating to maintain a loose, areated top layer. Bed edges are to be kept clean and well defined. 7 . Debris Disposal--All litter and debris will be bagged and transported away from the site or placed in proper container as approved by the CITY. 8 . Restrooms ( Riverfront Park)--Restrooms shall be cleaned on a daily basis as required by their usage. Materials required for restroom 2 - maintenance shall be furnished by the City of Beaumont. 9 . Fountain--MHMR shall remove all debris from traps in the fountain adjacent to the City Hall on a daily basis. Personnel and equipment necessary to complete the job shall be furnished by MHMR. The term of this contract shall be for one ( 1 ) year commencing October 1 , 1984 and ending September 30, 1985. The City of Beaumont shall perform the following: 1 . Spray Lines--Grass around fence and building lines, sprinkler heads, trees, and posts will be treated with herbicide to retard the growth. 2 . Insect Control--Shrubs and trees shall be treated in the dormant season with an oil base spray to control inspect pests. All other insect pest control measures for lawn, shrubs and trees will be CITY' S responsibility. 3 . Irrigation and Fountain--The CITY will water all areas as required and will replace, repair, and maintain all irrigation equipment. The fountain adjustment, chlorination, and other maintenance shall be the responsibility of the CITY. 4 . Fertilizing--CITY shall fertilize lawn and bed plant material as required. 5 . Tree Trimming--Trees shall be trimmed, pruned, removed and/or replaced by the CITY. 6 . Consummable Materials--All consummable materials , including but not limited to plastic bags, flowers, plant replacements, gasoline, and other consummable materials will be provided by the CITY as needed. MHMR of Southeast Texas shall provide liability insurance coverage for the Golden Triangle Client Wage Trust employees in the performance of these services. - 3 - CITY agrees to pay MHMR for completed services on a monthly basis as per invoices submitted to CITY. Total amount to be paid MHMR by the CITY during the term of this contract shall not exceed NINETY-TWO THOUSAND SEVEN HUNDRED THIRTY-SIX AND NO/100 DOLLARS ($92 ,736 ) . Part 2 . MHMR hereby agrees to perform janitorial, lawn care and grounds maintenance service on the properties known collectively as the Athletic Complex which includes: 1 . Softball fields ( 9 ) , restrooms ( 6 ) , and parking lot. 2 . Tennis Center, restrooms ( 2 ) , tennis courts ( 8 ) , paddleball courts ( 2 ) , and parking lot. 3 . Football field. 4 . Creative playground area. 5 . Hard surface area. 6 . Jogging track . The janitorial , lawn care, grounds maintenance and complex supervision shall be performed according to the following specifications and conditions: a. Specifications for a twelve ( 12) month growing season. ( 1 ) The agreed services will be provided for the period of October 1 , 1984 through September 30 , 1985. b. The services to be performed will be as follows: ( 1 ) MOWING - All lawn areas to be mowed weekly during the growing season at 3/4" to 1" height, weather permitting . All clippings on lawn areas to be removed. Softball fields to be mowed twice weekly during the growing season, minimum. Football field as well as other turf areas to be mowed once weekly during the growing season. 4 - ( 2 ) EDGING - Lawn perimeters along walks, curbs , and gutters are to be edged to maintain a crisp, clean appearance. Clean-up will include removing grass clippings from walks, curbs and paving . ( 3 ) MONOFILAMENT TRIMMING - Grass around signs, fence lines, trees, poles, and other obstacles. (4 ) SWEEPING - All walks, tennis courts, paddleball courts and hard surface areas shall be swept daily and debris removed from the site. ( 5 ) SHRUB AND GROUND COVER TRIMMING - Shrub hedges, ground covers and boulevard and/or triangle shrubs and vines will be pruned according to recommended horticultural practices to maintain a clean attractive appearance. This is to include hand pruning suckers from the base of trees. Plant material replacement shall be performed by the Parks and Recreation Department. (6 ) BED WEED CONTROL - Weed and grass control in beds will include hand pulling and cultivating to maintain a loose, areated top layer. Bed edges are to be kept clean and well defined. ( 7 ) DEBRIS DISPOSAL - All litter and debris will be bagged daily and transported away from the site or placed in proper container as approved by the City. (8 ) RESTROOMS - Restrooms shall be cleaned as scheduled on a daily basis as required by their usage. Materials required for restroom maintenance shall be furnished by the Parks and Recreation Department. (9 ) DRINKING FOUNTAIN - Contract shall remove all debris from traps of each drinking fountain each day. ( 10) Open and close tennis court area and building as scheduled by Tennis Pro. ( 11) SOFTBALL DIAMONDS - Each day of play requires the following procedures on each field: ( a) Batter boxes filled and leveled, water removed if wet, water added if too dry . - 5 - ,f / (b) Bases ( 1st, 2nd, 3rd) removed, each field drug in a clockwise direction outside of field toward the inside; bases then replaced. Check bases for repair or replacement. Notify Parks and Recreation Department for new bases. (c) Schedule of games checked at the Parks and Recreation Department for determining base location on Complex III. (d) Line diamonds for play as instructed by the Parks and Recreation Department. (e) Clean and remove debris from scoring areas of each concession stand. ( f) Entire infield area to be leveled, excess soil placed in low areas, high area leveled. Loosen all soil which has become compacted at each base. Notify Parks and Recreation Department if repair or replacement is required of home plate and/or pitcher' s rubber. Any fill soil required shall be supplied by the Parks and Recreation Department. C . In the fullfillment of and in conjunction with the above specifications, the City of Beaumont shall perform the following: ( 1 ) SPRAY LINES - Grass around fence and building lines, sprinkler heads, trees, and posts will be treated with herbicides to retard the growth. ( 2 ) INSECT CONTROL - Shrubs and trees shall be treated in the dormant season witH an oil base spray to control insect pests. All other insect pest control measures for lawn, shrubs and trees "or other pesticide usage" shall be the Parks and Recreation Department' s responsibility. ( 3 ) IRRIGATION AND DRINKING FOUNTAIN - The City of Beaumont will water all areas as required and will replace, repair, and maintain all irrigation equipment. The fountain adjustment, chlorination, and other maintenance shall be the responsibility of the City. d. The City of Beaumont will provide all consummable materials for this service; i .e . , plastic bags, plant materials , gasoline and other consummable materials as needed. 6 - e . MHMR of Southeast Texas shall provide liability insurance coverage for the Golden Triangle Client Wage Trust employees in the performance of these services. f . The agreement may be terminated for cause thirty ( 30) days following the date of written termination notice by either party. The City of Beaumont will agree to pay MHMR of Southeast Texas in the total amount not to exceed EIGHTY-SIX THOUSAND SIX HUNDRED SIXTY-FOUR DOLLARS ($86,664 ) . Payments for completed services shall be disbursed on a monthly basis as per invoice procedures. Part 3 . Litter pickup and grass and weed control services will be performed in downtown areas on a weekly basis, inclusive of the following streets: 1 . Neches - from the Southern Pacific Railroad right-of-way to College; 2 . Park - from. Willow to College; 3 . Orleans - from Broadway to College, exclusive of area covered under previous contracts; 4 . Pearl - from Broadway to KCS Railroad right-of-way, exclusive of area covered under previous contracts; 5 . Main - from Calder to KCS Railroad right-of-way, exclusive of area covered under previous contracts; 6 . Broadway - from Orleans to Main; 7 . Liberty - from Orleans to Park; 8 . Laurel - from Park to Orleans; 9 . Crockett - from Neches to Main; 10. Bowie - from Neches to Main; 7 - 11 . Fannin - from Neches to Main; 12 . Forsythe - from Neches to Main; 13. Wall - from Neches to Main; 14 . College - from Neches to Main; 15. Pearl - from Calder to North; 16 . Willow - from North to Calder. The litter pickup, grass and weed control services will be performed according to the following specifications and conditions: a. The services to be performed will be as follows: ( 1 ) Litter pickup - All litter, defined as trash, garbage, and refuse discarded onto the specified rights-of-way , will be picked up daily , weather conditions permitting . This excludes removal of dead animals and items too large to be picked up by hand. ( 2 ) Grass and weed control - All sidewalks and curbs will be kept grass and weed free, including cracks and seams in sidewalks. ( 3 ) All litter accumulated will be placed in litter bags, furnished by the City of Beaumont, and deposited along the rights-of-way at locations designated by the City of Beaumont. The bags will be collected and disposed of by the City of Beaumont. (4 ) All foreign matter shall be removed from the street gutters and placed in litter bags to be picked up by the City of Beaumont. b. MHMR of Southeast Texas will furnish all equipment and tools necessary to perform the work in a safe and orderly manner. C. MHMR of Southeast Texas will provide liability insurance coverage for the Golden Triangle Client Wage Trust employees in the performance of these services. d . Payment will be made monthly after the satisfactory completion of assigned work , per invoice procedures. 8 - Payment will not exceed FORTY-EIGHT THOUSAND FIVE HUNDRED SEVENTY-SIX DOLLARS ($48,576) for a calendar year. Part 4 . The litter pickup will be performed on the following arterial streets: 1 . East Lucas - from Pine Street to Hwy. 69 , 287 , 96; 2 . West Lucas - from Hwy. 69, 96 , 287 to Calder; 3 . Delaware - from West Lucas to Interstate 10 easement and from Interstate 10 easement to Magnolia; 4 . Gladys - from Major Drive to Interstate 10 easement; 5 . Calder Avenue - from Keith to Interstate 10 easement, from I-10 easement to Main Street; 6 . Liberty - from Eleventh Street to Orleans; 7 . Laurel - from Eleventh Street to Magnolia; 8 . College - from Interstate 10 easement to Neches; 9 . Washington Blvd. - from Reynolds to Spur 380 ; 10. Sarah - Fan.nett to Cadillac; 11. Walden Road - from Major Drive ( FM 364) to Interstate 10 easement and from Interstate 10 easement to Fannett Road; 12. Florida - from Cardinal Drive to University; 13. Dowlen - from Gladys to Lexington; 14 . Eleventh Street - from Delaware south for approximately_ 625 feet, and after approximately 750 feet, to the intersection of Eleventh Street and College, and from College South to Fannett Road; 15. Concord - from East Lucas to Live Oak; 16 . Lavaca - from University to Bob; 17 . Railroad Avenue - from Threadneedle (Spur 380) to College; - 9 - 18 . Magnolia - from East Lucas to Laurel; 19 . Fourth Street - from North to Cardinal Drive; 20 . Fannett Road - from Sarah to Cardinal Drive; 21 . Highland - from Washington to Cardinal Drive. The litter pickup will be performed according to the following specifications and conditions: a. The services to be performed will be as follows: ( 1 ) Litter pickup - All litter, defined as trash, garbage and refuse discarded onto the specified rights-of-way , will be picked up daily, weather conditions permitting. This excludes removal of dead animals and items too large to be picked up by hand. ( 2 ) All litter accumulated will be placed in litter bags furnished by the City of Beaumont and deposited along the rights-of-way at locations designated by the City of Beaumont. The bags will be collected and disposed of by the City of Beaumont. b. MHMR of Southeast Texas will furnish all equipment and tools necessary to perform the work in a safe and orderly manner. c. MHMR of Southeast Texas will provide liability insurance coverage for the Golden Triangle Client Wage Trust employees in the performance of these services. d . Payment will be made monthly after the satisfactory completion of assigned work , per invoice procedures. Payment will not exceed ONE HUNDRED EIGHTY-FIVE THOUSAND SIXTY-TWO DOLLARS AND FIFTY CENTS ($185,062.50) for a calendar year. SECTION II MHMR hereby agrees to indemnify and hold harmless CITY from any and all claims , damages or causes of action which might arise from any activities of MHMR as outlined herein, or from any operation of MHMR, and MHMR specifically agrees to indemnify CITY - 10 - against all claims , damages or causes of action which might arise as a result of joint acts, omissions or negligence of CITY and MHMR or their employees or agents. SECTION III MHMR shall provide at its own costs insurance with the following limits: general public liability, limit FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000 .00) ; property damage liability, limit FIFTY THOUSAND AND N01100 DOLLARS ($50,000 .00 ) ; contractural liability, limit FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) ; the policy or policies issued hereunder shall name CITY as an additional insured and shall contain a provision that the policy shall not be canceled, expire or otherwise be terminated until after 30 days written notice to that effect is given to CITY. MHMR shall furnish CITY with proof of insurance. SECTION IV MHMR shall comply with all laws applicable to its activities. SECTION V This agreement shall be deemed to be made and shall be construed in accordance with the laws of the State of Texas and shall be performable in Beaumont, Jefferson County, Texas. SECTION VI All notices required to be given hereunder by CITY to MHMR shall be in writing by mail or telegram, postage prepaid, and addressed to MHMR as follows: - 11 - MHMR of Southeast Texas 2750 South 8th Street Beaumont, Texas 77704 All notices required to be given by MHMR to City Hall be similarly given, addressed to CITY as follows: City Manage r City of Beaumont City Hall P. 0. Box 3827 Beaumont, Texas 77704 SECTION VII Should MHMR or the CITY default in any provisions of this contract, and if such default has not been corrected within 10 days after receipt of written notice of such default; either party may terminate this contract ten ( 10) days after written notice of such default. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day of 1984 . CITY OF BEAUMONT ATTEST: By Karl Nollenberger City Manager City Clerk MHMR OF SOUTHEAST TEXAS By 12 -