2014 Mowing Contract-Superior�3
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INDEPENDENT CONTRACTOR AGREEMENT
This A reement made this 11 day of June 2014, between the City of Blair,
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k Hereinafter referred to as the "City" and Superior Green Lawn, herein a er
Nebraska; ,
referred to as the , Contractor ".
City re uested bids for the turf mowing of city parks, city cemetery,
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and other areas and that Contractor was the lowest and best bidder for such
right-of-ways
project.
For
valuable consideration and the mutual promises and covenants herein, the
parties hereto agree as follows:
1 Inde endent Contractor: City hereby contractor for the purpose of
Contractor to act as an independe ciy cemetery and other areas
turf mowing of the city p agrees and understands
designated hereinbelow. Contractor hereby ag ent or employee
that it is an independent contractor and is not an agent
of the City.
2 T o f Agreement: Subject to the terms commence
on April 1,
for termination hereof, this Agreemen
2011 and shall terminate on December 31, 2013; provided
however, this Agreement may be terminated under the following
conditions:
terminate this Agreement by giving
a) Either party may
written notice of termination the ter ere m of this D e ce mber 3
of each calendar year during
Agreement. In the event either party delivers such
written termination, this Agreement shall immediately
terminate; or
b) In the event that th
hat the Contracto and in default of the
discretion, deems t
terms of this Agreement, City shall serve Contractor
with written notice stating t h e t h e
t sfactory an d
providing a reasonable period of time for sa
correction thereof, said reasonable period of time to not
bee less than thirty (30) days. In the event that
Contractor has not satisfactorily corrected the default to
the satisfaction of City, in City's sole and absolute
discretion, within in said thirty (30) day period, then
City shall so notify Contractor of its default and this
Agreement shall terminate upon delivery of such notice
of default; provided further, that in the event City
terminates the Agreement pursuant to this provision,
City shall have the right to contract with a third party to
have the services performed and if the cost thereof is in
excess of the amount set forth in Paragraph 5, then
Contractor shall be liable for and pay to City, the
amount in excess of the cost for mowing set forth in
said Paragraph 5.
Services Contractor agrees to mow all turf and right -of -way areas designated on Exhibit
"A" attached hereto, and incorporated by this reference herein on the following schedule:
a) All turf areas are to be mowed once every seven (7)
days during the months of April through June and every
nine (9) days during the months of July through
October, which equals a total of twenty -four (24)
mowings per year. City reserves the right to request
Contractor to mow additional times upon reasonable
notice. Contractor will be compensated for additional
mowings as set forth in Paragraph 5 hereinbelow;
b) Mowing of all turf areas described on Exhibit "A" are
to be completed within three (3) consecutive days after
mowing has commenced;
c) All turf areas shall be mowed to a height as directed by
the City and included trimming around all obstacles or
protrusions and removing all grass clippings off of
paved surfaces.
d) Contractor shall furnish all necessary vehicles,
equipment, tools and labor to perform the services
described hereinabove, in a timely and workmanlike
manner.
e) All right -of -way areas are to be mowed once every
month during the months of April through October,
which equals a total of nine (9) mowings per year. City
reserves the right to request Contractor to mow
additional times upon reasonable notice. Contractor
will be compensated for additional mowings as set forth
in Paragraph 5 hereinbelow;
2
f) Mowing of all right -of -way areas described on Exhibit
"A" are to be completed within three (3) consecutive
days after mowing has commenced;
g) All right -of -ways shall be mowed to a height as
directed by the City and included trinuning around all
obstacles or protrusions.
h) Contractor shall furnish all necessary vehicles,
equipment, tools and labor to perform the services
described hereinabove, in a timely and workmanlike
manner.
4) Insurance Requirements: Contractor shall be required to maintain the
following insurance:
a) Workman's Compensation Act — Contractor shall
maintain liability insurance that will protect Contractor,
or its sub - contractors, from claims under the Nebraska
Workman's Compensation Act;
b) Commercial General Liability Insurance — Contractor
shall maintain a commercial general liability insurance
policy in an amount of at least Five Hundred Thousand
Dollars ($500,000) with a deductible of not more than
Two Hundred Fifty Dollars per occurrence covering
bodily injury, including death and property damage
which may arise from or during operations under this
agreement.
Contractor shall provide City with a certificate of insurance evidencing the
existence of the policies of insurance and further provide that City shall be
given at least thirty (30) days notice prior to cancellation of any of such
policies of insurance.
5) Compensation:
a) City agrees to pay Contractor the sum of seven hundred seventy
eight and 20/100 ($1156.75) per mowing for all right of way
mowing listed on Exhibit "A" attached hereto, and three hundred
seventy two and 40/100 ($813.05) per mowing for areas mowed
once each in May, June and July listed on Exhibit "A" attached
hereto. Contractor shall deliver a claim to City on monthly basis.
City agrees to remit payment to Contractor within thirty (3 0) days
after verification of satisfactory performance of the services.
b) City agrees to pay Contractor the sum of two Thousand six
hundred fifty ($3520.72) plus one hundred ($137.76) for the
Catholic Cemetery and sixty ($66.36) for each additional mowing
of Vet Field per mowing for all sites listed on Exhibit "A"
attached hereto. Contractor shall deliver a claim to City on
monthly basis. City agrees to remit payment to Contractor within
thirty (30) days after verification of satisfactory performance of the
services.
6) Employees: Contractor shall not employ any person whose
employment on or in connection with this contract may be
objectionable to City and Contractor agrees to reassign any such
person when objected to by City.
7) Government Regulations /Laws: The Contractor shall comply with all
federal and state laws, codes and regulations and all codes and
regulations of the City of Blair, Nebraska and to pay all fees, taxes and
expenses connected with compliance thereof and also to pay all taxes
imposed by any federal or state law or any employment insurance or
other such expense associated with its employees.
Contractor further agrees to comply with the Occupational Safety and
Health Act of 1970, as amended, and any and all regulations issued
pursuant. As a term and condition of this agreement, the Contractor
shall keep and save the City harmless from any claims or charges of
any kind by reason of the Contractor failing to comply with the
Occupational Safety and Health Act of 1970, as amended, and the
regulations thereto and agrees to reimburse City for any fines,
damages or expenses of any kind incurred by City by reason of the
Contractor's failure to so comply.
8) General Indemnification: Contractor agrees to indemnify and hold
harmless from any and all claims, causes of action, losses or other
liability arising, directly or indirectly, from the services contemplated
under this Agreement..
9) Assignment: This Agreement shall not be assigned by either party.
10) Time is of the Essence: Time is the essence of this Agreement.
11) Binding Effect: This Agreement shall be binding upon and insure to
the benefit of the parties hereto, their successors or assigns.
CITY OF BLAIR, NEBRASKA Superior Green Lawns, Inc.
By
JAMRS,eALPH, MAYOR P SI ENT
ATTEST:
J
BRENDA R. WHEELER, CITY CLERK
ATTEST:
SECRETARY