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1999-118-T&D LAWN MAINTENANCE ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS, RES 97-086 RESOLUTION NO. 99-118 WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of August, 1997, in Resolution No. 97-086, award to T & D Lawn Maintenance the bid for furnishing labor, materials, and equipment and for performing all worked required for grounds maintenance on specified City of Paris parks and facilities and authorized the execution of the Agreement for Grounds Maintenance; and, WHEREAS, T & D Lawn Maintenance is selling its business and has requested the City Council of the City of Paris to approve the Assignment of Rights and Obligations to Renno's Lawn Care for the furnishing landscaping services to the City of Paris; and, WHEREAS, the City Council desires to continue to do business in accordance with the Agreement for Grounds Maintenance, and it is deemed appropriate that such assignment be approved; and, WHEREAS, the form of the Assignment of Rights and Obligations, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor Pro Tern, Mary Ann Fisher, should be authorized to acknowledge approval of said assignment by signing the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Assignment of the Rights and Obligations from T & D Lawn Maintenance to Renno's Lawn Care for furnishing labor, materials, and equipment and for performing all worked required for grounds maintenance on specified City of Paris parks and facilities, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor Pro Tern, Mary Ann Fisher, be, and he is hereby, authorized and directed to acknowledge approval, on behalf of the City of Paris, of the Assignment of Rights and Obligations by signing the same in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 13th day of September, 1999. 0i~JAhL Mary A isher, Mayor Pro Tern ATTEST: ~. ~&..\.Il.~....~,,<;-. ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~~~ Ja s Corley Henderso , Acting City Attorney ASSIGNMENT OF RIGHTS AND OBLIGATIONS STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ THAT T & D LAWN MAINTENANCE, hereinafter called ASSIGNOR, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) and other good and valuable consideration to it in hand paid to RENNO'S LAWN CARE, the receipt and sufficiency of which is hereby acknowledged, does hereby assign, transfer, and convey unto RENNO'S LAWN CARE, hereinafter called ASSIGNEE, all of its rights, obligations, and responsibilities under that certain Agreement for Grounds Maintenance between T & D LAWN MAINTENANCE and the CITY OF PARIS, PARIS, TEXAS, dated August 11, 1997, and attached hereto as Exhibit A, for and during the remainder of the term of said Agreement. IN WITNESS WHEREOF this assignment is executed on the 13th day of September, 1999. T & D LAWN MAINTENANCE, ASSIGNOR By: Tony VanDerWilt, Owner ACCEPTANCE OF ASSIGNMENT RENNO'S LAWN CARE, Assignee in the above assignment, does hereby covenant and agree to assume and accept the obligations and responsibilities of Assignor above under the above- referenced bid document attached hereto as Exhibit A. RENNO'S LAWN CARE, ASSIGNEE By: Jacob M. Renno, Owner EXHIBIT A 1 The aforesaid assignment of rights and obligations is approved and accepted by the City of Paris, Paris, Texas, on this 13th day of September, 1999. CITY OF PARIS, PARIS, TEXAS Mary Ann Fisher, Mayor Pro Tern ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: James Corley Henderson, Acting City Attorney AGREEMENT FOR GROUNDS MAINTENANCE STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT, the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and T & D LAWN MAINTENANCE, by and through its Owner, Tony VanDerWilt, duly authorized, hereinafter called CONTRACTOR, do hereby contract and agree as follows: 1. Contractor agrees to provide grounds maintenance in accordance with the specifications attached hereto as Exhibit A, together with those which may be issued as supplements thereof. 2. That, in consideration of the faithful compliance with the terms and conditions of this Agreement, the City shall pay to the Contractor, at the times and in the manner provided in said specification, the total sum of Twenty Thousand Five Hundred and noll 00 Dollars ($20,500.00), which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed. 3. That this contract shall be for a term of five (5) years, commencing on October I, 1997, and ending on September 30, 2002. City is hereby given the option for five (5) additional one (1) year terms upon the same terms and conditions. In the event City exercises all options, this contract would terminate on the 30th day of September, 2007. 4. That the contract documents which are hereby made a part of this Agreement by the actual attachment or by this reference thereto are as follows: Exhibit A Exhibit B Exhibit C Specifications Invitation to Bid Bid Form submitted by the Contractor 5. That Contractor must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of Contractor, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance EXHIBIT A company or companies, with City as an additional insured effective while Contractor is on property owned by City, subject to approval by the City Attorney of the City of Paris, and Contractor or its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that City is an additional insured while Contractor is on property owned by City. All such policies shall be written so that the City will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. 6. City and Contractor have the right to unilaterally terminate this agreement at any time upon sixty (60) days written notice to the other party. City retains the right to terminate this agreement upon thirty (30) days written notice to Contractor for failure to perform the services required hereunder. Executed on the dates shown in the acknowledgments below. CITY~RlS,PARlS,TEXAS By' ~~~ ~ Eric S. Clifford, May ATTEST: Mattie Cunningham, City Clerk T & D LAWN MAINTENANCE By: -;:; U~ ().. UJJ Tony VanDerWilt, Owner STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose same is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of August, 1997. Notary Public, State of Texas STATE OF TEXAS ) ) ) 00000000000000000000??oo??oo0000 ~ 0"" "" LISA FARRIS ~ 1I :.~ Notary Public. State 0' Texas il ~ """01"+ My Commission expires 09.20.1997~ ~~oooooooo~oo~oo~oooo~oo~ COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared TONY VANDERWILT, Owner ofT & D Lawn Maintenance, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ay of~ , 1997. ~ Notary Public, State of Texas S.P_EG.IF-l.C.A.1TO.RS . The areas to be maintained are as follows: 1. Bywaters Park 2. Plaza 3. City Hall/Central Fire Station 4. Paris Public Library 5. PJC Triangle (24th Street S.E. & Clarksvillc St.) 6. Chism Memorial Park 7. Paris Police and Courts Building 8. 10th Street Park 9. Cox Field Tcrminal Area 10. City of Paris Aquatic Center . Scope of work listed by areas: During the growing season, all areas will have maintenance performed a minimum ofonc (I) time per week. 1) Bywaters - Mow, weed-eat, edge all concrete areas including curbing and sidewalks, rcmove all clippings, blow dust off hard surfacc areas, trim hedges and shmbs, remove leavcs, and maintain flower and shmb beds. 2) Plaza - Mow, weed-eat, edge all concrete areas including curbing and sidewalks, remove all clippings, blow dust off hard surface arcas, trim hedges and shmbs, remove Icaves, and maintain flowcr and shrub beds. Mow twice weekly if needed. 3) City Hall/Central Fire Station - Trim hedges and shrubs as needed, trim rose bushes, remove clippings, and blow dust from hard surface areas. 4) Paris Public Library - Mow, wecd-cat, edge all concrete areas including curbing and sidewalks, rcmove all clippings, blow dust off all hard surface areas, trim hedges and shrubs, rcmove leaves, and maintain flower and shmb bcds. 5) PJC Triangle - Mow, wccd-cat, edgc all curbing, removc all clippings, blow dust from curb and gutters, trim crcpe myrtlc trees as needed, and maintain flower beds. 6) Chism Memorial Park - Mow, weed-eat, edge all brick sidewalks and borders, blow off all hard surface areas, trim hedges and shrubs, remove leaves, and maintain flower and shmb beds. 7) Paris Police and Courts Building - Mow, weed-eat, edge all hard surface areas including curbs and sidewalks, remove all clippings, blow dust off all hard surface areas, trim he~lges and shrubs, remove leaves, and maintain flower and shrub beds. P "I EXHIBIT A 8) 10th Street Park - Mow, weed-eat, edge all hard surface areas ineluding curbing and sidewalks, and blow all hard surface areas including curb and gutter. 9) Cox field Terminal Area - Mow, weed-eat, edge all hard surface areas, blow dust off all hard surface areas, remove all clippings, remove leaves, trim hedges and shrubs, and maintain all flower and shrub beds. 10) Paris Aquatic Facility - Mow, weed-eat, edge all hard surface areas, blow dust off all hard surface aTeas, remove all clippings, remove leaves, trim hedges and shrubs, and maintain all flower and shrub beds. . The City of Paris will be responsible for fertilizing the areas in question. . Bidders must have a. minimum of two (2) years experience in commercial grounds maintenance operations. . Bidders must supply with this bid a list of references for whom they have performed grounds maintenance during the past two years. . Bidders must have current liability and workman's compensation insurance. . Bidders must use the attached bid form. . Bidders must attach to the bid fOffil a twelve-month maintenancc schedule of the areas to be maintained. . The City of Paris reserves the right to acccpt bids for each location separately. P II ..-q'.. ~ ' '.- ,~. PUBLISH THE P AlliS NEWS July 20, 1997 July 27, 1997 LEGAL NOTICE The City of Paris will rcceive sealed bids at the Officc of thc City Managcr, City of Paris, P. O. Box 9037. Paris, Tcxas 75461-9037, for furnishing oflabor, materials. and equipment of the pcrforming of all work required for ground maintcnance of City of Paris parks and facilities. Bids will be received until 3:00 Poo M., Tuesday, August 5, 1997 at which time all bids received will be opened in the City Council Ch:unbers, City !-11l1, 135 S. E. I" Street, Paris, Lamar County, Texas, tabulated, and referred to the City Manager. Bids will then be referred to the City Council for their consideration at the regular City Council meeting to bc held Monday, August 11, 1997, starting at 6:00 P. M. Bidders are notified of City exemption from othcrwise applicablc salcs and excise taxes. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and to award as may be advantageous to the City. Information, specifications, and bid forms may be obtaincd at thc office of the City Manager, City Hall, 135 S. E., Paris, Texas 75461-9037. CITY OF PARIS PARIS, TEXAS \.,'{\",~-rt"\. __ ,~~'S:l~M MATTIE CUNNINGHAM, CI~~ " p ,., EXHIBIT B ;REtE\\fED '" iAUG 5 1991 BID FORM CITY MANAGER HONORABLE MA YORAND MEMBERS OF THE c~HLtFTHE CITY OF PARIS TO: _lJJ_lJ_kg!IJy"_jJ_~.'<-_!u:'.5.!!_{{"'____________________________- (N:ame or I~.non or <':nmp:any Bidding) FROM: E.IJ___Cs,~__-1.,f,~______Adt,..<:___~_'-9_;;.__J;.__2fj!.L____________- (Addrns) . _.5l~;?--=:_~_~~-=_:\(_<(;>_j7________________________________________-- (I'hone Num~r) I/We hereby submit the following bid in accordance with the attached specifications for the furnishing of labor, materials, and equipment of the performing of all work required for grounds maintenance on City of Paris parks and facilities: ANNUALLY $ 81DD.DD $ :AIi-[y) ,DO $ /p'fY) . 00 $ J.,nco ,DO $ I ()(Y), DO $ lom.DO $~4Ji2. CO $_1 ~IY'J. CD $ ,?,~{)(). DD $ c9-Ij..'Oo 1 OD $ ,!)N!:m,oo Bywaters Park Plaza City Hall/Central Fire Station Paris Public Library PJC Triangle (24th Street S.E. & Clarksville St.) Chism Memorial Park Paris Police and Courts Building 10th Street Park Cox Field Terminal Area City of Paris Aquatic Center 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL BID .j yf,s,....<' _ __ no ;:J;; ~ ......:L- no (attach copy) f~ yes ~ no (attach copy) Twelve-month schedule attached Liability Insurance in effect Workman's Compensation in effect NOTE: All items requestcd on this form must be completed in order for the bid to be valid. ~_t!.,"~:!l_tLj____________________________________ ___a_::__f:..J_?._________ (Slen_Je nrl'enon SuhmitrinC IJid) (O;ale) I' .1 ,.1 , EXHIBIT C -~~J ~~ ~~~~~ . . T & D Home Maintenance P.O. Box 156 Arthur City, TX 75411 903-732-4627 Twelve month maintenance schedule: January - Trim shrubs, crepe myrtles, rose bushes, remove leaves and blow off hard surfaces February - Trim shrubs and remove leaves March - Mow, trim, and edge grass as needed, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds April - Mow, trim, and edge grass, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds May- Mow, trim, and edge grass, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds June- Mow, trim, and edge grass, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds July- Mow, trim, and edge grass, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds August- Mow, trim, and edge grass as needed, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds September - Mow, trim, and edge grass, blow off hard surfaces, trim shrubs as needed and maintain flowerbeds October- Mow, trim, and edge grass, blow off hard surfaces, trim shrubs as needed and maintain flowebeds November - Remove leaves, trim shrubs as needed, and blow off hard surfaces December- Remove leaves, trim shrubs as needed, and blow off hard surfaces Page 1 ,~ ~ ~ REFERENCES Dairy Queen Of Powderly Gary Nash 4 11 0 Lamar Paris, TX 75460 (903)732-4000 Days Inn Greg Megan 2650 N.Main . Paris, TX 75460 (903)784-8164 Discount Wheel & Tire Greg Marrs 3215 NE Loop 286 Paris, TX 75460 (903)784-4799 Mitchell & Bourland (Case Equipment) Chris Dailey 1710 Loop 286 NE Paris, TX 75460 (903)785-0741 Montgomery Oil Company Nonnan Montgomery Jr. 2150 Church SI. Paris, TX 75460 (903)784-4358 Northstar Super Stop David Floyd P.O. Box 157 Powderly, TX 75473 (903)732-5050 TCA Cable Tim Masters 25 SE 19 St Paris, TX 75460 (903)785-0086 T&K Machine Shop Tom Westbrook 2220 W.Park Paris TX 75460 (903)785-5574 I: ,-. ,II . REFERENCES Toyota OfPalis Mall Bawcum 3235 NE Loop 286 Paris,Tx 75460 (903)784-8989 **Accident prole-din" immr:lnce i~ in effect for:111 emvloy("e~ and wiII he 1I.Der:u1e-d irbid is :'Ieee-pted. See attached sheet. ,: I"' ,'1 , PIERSON & FENDLEY Insurance 1705 lAMAR . P.O. DOX "5' PARIS. TlXAS 75.61<1459. PHONE 90) 70""0)6 fAX 903 7DS...a04 Robert E. Pierson Curtis R. Pendley. CIC Sieve Dockery Ciouly Morton, ACSR Mr. Tony Van DerWilt T & D Lawn Maintcnancc Re: Commcrcial Insurance Proposal COMMRRCIAL AUTOMOnILE Liability Limits - 500,000 Combincd Single Limits 1) .\ \ 2) , , l. I. . .;~ 1995 Ford F-150 Pick-up (Comprehcnsivc & Collision Coverage) 1995 Shop Made Goosencck Trail!;,r l}'..(f,.,iability Only) .. . WOHKRRS COMPENSATION COVERAGE Limits ofLiability - 1,000,000 .' :'1 , c. COMMERCIAL GENERAL LTAnn,ITY COVERAGE Limits of Liability - 500,000 -- -- r ".j IJ ,.1 , ." ~ ,". . .. .' ,,~" ."" ....r r ....-:- ~... .