2015 Mowing Contract-Superiork
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement made this 25 day of November 2015, between the City of Blair,
Nebraska; Hereinafter referred to as the "City" and Superior Green Lawn, hereinafter
referred to as the "Contractor ".
Whereas, City requested bids for the turf mowing of city parks, city cemetery,
right -of -ways and other areas and that Contractor was the lowest and best bidder for such
proj ect.
For valuable consideration and the mutual promises and covenants herein, the
parties hereto agree as follows:
1) Independent Contractor: City hereby retains the services of
Contractor to act as an independent contractor for the purpose of
turf mowing of the city parks, city cemetery and other areas
designated hereinbelow. Contractor hereby agrees and understands
that it is an independent contractor and is not an agent or employee
of the City.
2) Term of Agreement: Subject to the terms and conditions set forth
for termination hereof, this Agreement shall commence on April 1,
2015 and shall terminate on December 31, 2017; provided
however, this Agreement may be terminated under the following
conditions:
a) Either party may terminate this Agreement by giving
written notice of termination on or before December 31
of each calendar year during the term of this
Agreement. In the event either party delivers such
written termination, this Agreement shall immediately
terminate; or
b) In the event that the City, in its sole and absolute
discretion, deems that the Contractor is in default of the
terms of this Agreement, City shall serve Contractor
with written notice stating the nature of the default and
providing a reasonable period of time for satisfactory
correction thereof, said reasonable period of time to not
bee less than thirty (3 0) 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;
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 trimming 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 one thousand twenty four
and 551100 ($1024.55) per mowing for all right of way mowing
listed on Exhibit "A" attached hereto, and seven hundred twenty
and 13/100 ($720.13) 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 (30) days after
verification of satisfactory performance of the services.
b) City agrees to pay Contractor the sum of three thousand one
hundred forty three and 501100 ($3143.50) plus one hundred
twenty three ($123.00) for the Catholic Cemetery and fifty nine
and 25/100 ($59.25) 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
By
J ES ALPH, MAYOR
ATTEST:
Superior Green Lawns, Inc.
BRENDA R. WHEELER, CITY CLERK
ATTEST:
SECRETARY