HomeMy WebLinkAboutContract 43253 (2)CITY SECRETARVq✓lZ�''�COME' - CT 6d0,1
CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH AND
LANDSCAPES UNLIMITED, L.L.C.
This Agreement ("Agreement") is entered into this day of , 2012, ("Effective Date")
by and between City of Fort Worth, a home -rule municipal corporation, of the State of Texas, acting by
and through Susan Alanis, its duly authorized Assistant City Manager ("City") and Landscapes
Unlimited, L.L.C. ("Contractor"), acting by and through Michael Surls, its duly authorized Assistant
Manager, for work to be performed at Sycamore Creek Golf Course in Fort Worth, Texas (the "Site").
In consideration of the mutual covenants and terms and conditions set forth herein, the parties agree as
follows:
1. Scope of Work. The Contractor shall perform all work set forth in the Project Development
Program and Quote dated March 28, 2012 ("Work") attached hereto as Exhibit A and
incorporated herein for all purposes, which shall include, but not be limited to, all labor,
materials, equipment, services, and other items required to complete the Work at the Site.
2. Contract Term.
a. Commencement. The Work required under this Agreement for the greens shall begin
no later than June 11, 2012. The Work for the lake liner installation must begin on or
before June 18, 2012.
b. Completion. The Work required under this Agreement shall be completed not later than
June 18, 2012 for the greens and July 27, 2012 for the lake liner. The parties may agree,
in writing, to extend the term of this Agreement.
c. Time of the Essence. Time is of the essence for this Agreement.
3. Contract Sum. City shall pay Contractor One Hundred Eighty -Four Thousand Two Hundred
Sixty -Eight Dollars and No Cents ($184,268.00) ("Contract Sum"), which shall constitute full
compensation for all Work to be performed under this Agreement. The parties may amend this
Agreement to allow for additional payment if additional services are required, per Section 5.
4. Payment Schedule. City agrees to pay the Contractor in the following installments set forth
below, each installment to represent full and final, non-refundable payment for all the Work
provided herein prior to the date.
a. Eighty-one Thousand Forty Dollars and No Cents ($81,040.00) no later than twenty
(20) days following the City's verification and satisfaction that the Work for the greens
is 100% complete.
b. One Hundred Three Thousand Two Hundred Twenty -Eight Dollars and No Cents
($103,228.00) no later than twenty (20) days following the City's verification and
satisfaction that the Work for the lake liner is 100% complete.
5. Changes in the Work. City may order changes in the Work within the general scope of the
Agreement consisting of additions, deletions, or other revisions, the Contract Sum and Term
being adjusted accordingly. Such changes in the Work shall be authorized by written Change
Order or amendment signed by City and Contractor. If r__e--Gil-r-e a ueTst-L a ddt-inns to the Work,
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C.
05-23-12 P02:43 IN
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
{
of 17
it will be performed on a time and material basis at the rates set forth in Exhibit B, which is
attached hereto and incorporated herein for all purposes, or at a predetermined fixed fee as
mutually agreed by the parties. For reductions in the scope of Work, Contractor shall retain
20% of such reduction for overhead, general conditions and partial income
6. Exclusive Warranty and Correction of Defective Work. For a period of one (1) year following
the date of completion of the Work, Contractor represents and warrants to the City that the
materials and equipment furnished under this Agreement shall be new, of good quality, in good
working order, and perform as intended; and that the Work will be performed in conformance
with this Agreement and professional "workmanlike" standards and free from defective or
inferior materials and workmanship (including any defects consisting of "inherent vice," or
qualities that cause or accelerate deterioration). Contractor also represents and warrants that the
Work and materials used are not currently known to be harmful to public health and safety.
Work not conforming to these requirements may be considered defective This exclusive
warranty excludes defects resulting from intentional abuse, neglect, or alteration by the City or
any third party. Contractor agrees to cure any breach satisfactorily and consistent with industry
standards for a period of one (1) year from the date of completion of the Work provided
Contractor is given notice and an opportunity to repair or replace the Work. Contractor shall
commence any work in accordance with this warranty within fourteen (14) calendar days from
receipt of written notice from the City and complete such work within thirty (30) business days
thereafter at no expense to the City If the City observes any breach of warranty as described
herein that is not curable by the Contractor, then the Contractor is responsible for reimbursing
the City for damages, expenses, and losses incurred by the City as a result of such breach The
representations and warranties in this section shall survive the termination or other extinction of
this Agreement.
7 Indemnification. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES
OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT
LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS,
DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LINHTED TO, THOSE FOR PROPERTY LOSS (INCLUDING,
BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, AND
PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT
LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR
WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING
FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF THE CONTRACTOR
AND/OR ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS,
MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT.
8. Insurance.
Contractor shall comply with the insurance requirements set forth in Exhibit C, which is
attached hereto and incorporated herein for all purposes.
9. Waiver of Consequential Damages The parties waive any and all claims against each other for
consequential damages arising out of or relating to this Agreement. This mutual waiver is
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 2 of 17
applicable, without limitation, to all consequential damages due to delay by either party,
nonpayment by City, defective or non -conforming work by Contractor and either party's
termination of the Agreement. This Section 9 shall survive termination or expiration of this
Agreement.
10. Contract Termination.
a. Termination for Convenience. The services to be performed under this Agreement may
be terminated by the City, subject to written notice submitted twenty (20) calendar days
before termination specifying the grounds for termination
If the termination is for the convenience of City, City shall pay Contractor for
services actually rendered up to the effective date of termination and reasonable
restocking and equipment rental fees, and Contractor shall continue to provide
the City with services requested by City and in accordance with this Agreement
up to the effective date of termination.
b. Termination for Cause. If either party to this Agreement shall willfully or negligently
fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants,
agreements or stipulations material to this Agreement, the other party shall thereupon
have the right to terminate this Agreement by giving written notice to the defaulting
party of its intent to terminate, specifying the grounds for termination The defaulting
party shall have thirty (30) days after receipt of the notice to cure the default (the "Cure
Period") If the default is not cured during the Cure Period, then this Agreement shall
terminate. Termination of this Agreement under this provision shall not relieve the
party in default of any liability for damages resulting from a breach or a violation of the
terms of this Agreement.
11. Contractor Compliance Responsibilities. Contractor shall give notices and comply with all
laws, ordinances, rules, regulations and orders of public authorities bearing on performance of
the Work. Contractor warrants that it is properly licensed in the state to perform the Work
required by this Agreement.
12. Time Extension; Force Mateure. City or Contractor, as appropriate, shall grant a reasonable
extension of time to the other party if conditions beyond the parties' control or Acts of God,
adverse weather conditions flood, riot, civil insurrection, labor strikes, or orders of local or
federal government render timely performance of the parties' services impossible or
unexpectedly burdensome The party suffering the impossibility or burdensome conditions must
inform the other in writing within ten (10) days of the onset of such performance delay
specifying the reasons therefore Failure to fulfill contractual obligations due to conditions
beyond either party's reasonable control shall not be considered a breach of this Agreement;
provided, however, that such obligations shall be suspended only for the duration of such
conditions.
13. Permits. All construction and/or governmental permits will be obtained by City prior to start of
construction
14. Safety. Contractor shall take all reasonable safety precautions with respect to performance of
the Work and shall comply with safety measures initiated by the City and all applicable laws,
ordinances, rules, regulations and orders of public authorities for the safety of persons and
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L C. 3 of 17
property. Contractor shall report to City within seven days an injury to an employee or agent of
Contractor which occurred at the site.
15. Concealed Conditions If concealed or unknown physical conditions are encountered at the site
that differ materially from those indicated in the Agreement or from those conditions ordinarily
found to exist at the Site and those conditions cause delay in the Work, the Contract Sum and/or
Contract Term shall be equitably adjusted by written agreement of the parties.
16. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto
with respect to the subject matter hereof, and no amendment, alteration, or modification of this
Agreement shall be valid unless in each instance such amendment, alteration or modification is
expressed in a written instrument, duly executed and approved by each of the parties There are
no other agreements and understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
17. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement
be declared void or unenforceable, such portion shall be modified or deleted in such a manner as
to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under
applicable law.
18. Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without prior
written consent of the other party, and any attempted assignment sublease or transfer of all or
any part hereof without such prior written consent shall be void. This Agreement shall be
binding upon and shall inure to the benefit of City and Contractor and its respective successors
and permitted assigns.
19. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver
of any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver of any
right or acceptance of defective performance
20. Governing Law and Venue If any action, whether real or asserted, at law or in equity, arises on
the basis of any provision of this Agreement venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
21. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for
the benefit of City and Contractor, and any lawful successor or assign, and are not intended to
create any rights, contractual or otherwise, to any other person or entity.
22. Contract Construction. The Parties acknowledge that each party and, if it so chooses its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
23. Fiscal Funding Out If, for any reason, at any time during any term of this Agreement, the Fort
Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under
this Agreement, City may terminate this Agreement to be effective on the later of (i) thirty (30)
days following delivery by City to Contractor of written notice of City s intention to terminate
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L C. 4 of 17
or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for
the purposes set forth in this Agreement.
24. Captions. Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed part of this Agreement.
25. Audit. Contractor agrees that City will have the right to audit the financial and business records
of Contractor that relate to this Agreement (collectively "Records') at any time during the Term
of this Agreement and for three (3) years thereafter in order to determine compliance with this
Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the
Contractor shall make all Records available to City on 1000 Throckmorton Street, Fort Worth,
Texas or at another location in City acceptable to both parties following reasonable advance
notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding
anything to the contrary herein, this section shall survive expiration or earlier termination of this
Agreement.
26. Public Information Act. Contractor understands and acknowledges that City is a public entity
under the laws of the State of Texas and, as such, all documents held by City are subject to
disclosure under Chapter 552 of the Texas Government Code. Contractor shall clearly indicate
to City what information it deems proprietary If City is required to disclose any documents that
may reveal any of Contractor's Proprietary Information to third parties under the Texas
Government Code, or by any other legal process, law, rule, or judicial order by a court of
competent jurisdiction, City will notify Contractor prior to disclosure of such documents, and
give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to
restrict access to Contractor's information to those persons within its organization who have a
need to know for purposes of management of this Agreement. City agrees to inform its
employees of the obligations under this paragraph and to enforce rules and procedures that will
prevent any unauthorized disclosure or transfer of information. City will use its best efforts to
secure and protect Contractor's information in the same manner and to the same degree it
protects its own proprietary information; however City does not guarantee that any information
deemed proprietary by Contractor will be protected from public disclosure if release is required
by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of
three (3) years after the expiration of this Agreement.
27. Counterparts and Electronic Signatures. This Agreement may be executed in several
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same instrument. A signature received via facsimile or electronically via email shall
be as legally binding for all purposes as an original signature.
28. Notices. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when (i) hand -delivered to the other party, or its authorized
agent, employee, servant, or representative, or (ii) received by the other party or its authorized
agent, employee, servant, or representative by reliable overnight courier or United States Mail
postage prepaid, return receipt requested, at the address stated below or to such other address as
one party may from time to time notify the other in writing
To THE CITY: To CONTRACTOR:
Director Landscapes Unlimited, L L C
Parks and Community Services Attn Michael Surls
City of Fort Worth 1201 Aries Drive
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 5 of 17
4200 South Freeway, Ste 2200 Lincoln, Nebraska 68512
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
29. Independent Contractor. It is expressly understood and agreed that Contractor shall operate as
independent entity in each and every respect hereunder and not as an agent, representative or
employee of the City. Contractor shall have the exclusive control and the exclusive right to
control all details and day-to-day operations and activities relative to operation of the Contractor
and installation of the Work and shall be solely responsible for the acts and omissions of its
officers agents, servants employees, contractors, subcontractors, licensees, and invitees.
Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the
City and Contractor its officers agents, servants, employees contractors subcontractors,
licenses, and invitees. Nothing contained in this Agreement shall be construed as the creation of
a partnership or joint enterprise between the City and Contractor.
30. Authorization. By executing this Agreement, Contractor's agent affirms that he or she is
authorized by the Contractor to execute this Agreement and that all representations made herein
with regard to Contractor's identity, address and legal status (corporation, partnership,
individual, etc ) are true and correct.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 6 of 17
IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF FORT WORTH
by
usan Alanis
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
r -
i
Tyler F. Wallach
Assistant City Attorney
ATTESTED BY:
gift a
ary J. Kayser
City Secretary
Contract Authorization:
M&C # P-11384
DATE: Mav 15, 2012
LANDSCAPES UNLIMITED, L.L.C.
by:
eatr.Gfe. cOnietik>,
eAcr
"'A o U
0
Pi 168
ri Qo
o
o T"°000.000° .41
Michael Surls
Assistant Manager
OFFICIAL REGORK1
CITY SECRETARY
Y
FT. ORIN,
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C.
7of17
Exhibit A
PROJECT DEVELOPMENT PROGRAM
For
SYCAMORE CREEK GOLF COURSE
March 28, 2012
Presented to:
FORT WORTH
J
Robert Chandler
Golf Course Superintendent
City of Ft Worth, TX
Prepared by:
LANDSCAPES
UNLIMITED, LLC
Landscapes Unlimited, LLC
1201 Aries Drive
Lincoln, Nebraska 68512
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 8 of 17
It is understood by all parties that all information contained herein is confidential information and is
intended only for the use of the individual or entity named herein If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are
hereby notified that any dissemination, distribution, or copying of this information is strictly prohibited.
Project Preparation
• All necessary permits, licenses, fees, inspections, etc. to be obtained by City prior to the start
of construction.
• The proposal is based on the items and quantities listed on the bid form and in reference to
Buy Board Contract #391-12.
• No bonds are included at this time.
• No taxes or duties are included in this preliminary proposal.
• Project management costs are included.
• Schedule management and budget tracking included.
• Rock excavation is not included in the proposal. Rock is defined as material which can not be
excavated efficiently with a John Deere 650 size dozer, or equal, or John Deere 120 excavator
or equal. No rock removal or disposal is included in this proposal.
• No import of material is included for greens re -surfacing or lake liner cover soil.
• City will be responsible for locating the following items prior to the start of construction:
Existing utilities (locations and depths) lake edges, water features, boundary lines, property
lines. Landscapes Unlimited will be responsible for disturbance limits, clearing limits,
grading limits, checking for positive drainage and all golf course features staking.
• This project is based upon the scope of work as provided by the City for the greens
renovation. Additional information related to the lining of lakes was provided during a site
visit in January of 2012.
• All pricing for this project is based upon current commodity pricing in effect as of January
27, 2012 Any fluctuations in pricing or supply that increase project costs shall be reimbursed
to the Contractor by the City on an actual cost incurred basis
Mobilization
• Normal mobilization requirements to include only one mobilization. Mobilization includes
the cost of travel for project personnel to the site temporary housing costs, and equipment
shipping costs. Administrative travel to the site, for project managers and office staff, is also
included in this item
Erosion Control
• Erosion control measures are not included in this proposal.
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 9 of 17
Clearing
• This proposal does not include any costs for major clearing of trees and brush. Minor
clearing of brush/shrubs at the large lake, to be lined is included.
Earthwork
• No major earthwork is included in this proposal. Earthwork necessary to prep the large lake
area to be lined is included in this proposal.
Shaping
•
Shaping per se is not included in this proposal. Shaping if any will be limited to benching and
tying in of the large lake to the surrounding terrain.
Green Renovation
• This program includes the surface renovation of approximately 62,000 sf of existing greens.
(10 greens)
• All existing sod and thatch layer on the 10 greens will be stripped, to a depth of
approximately two (2) inches, using walk -behind sod cutters.
Spoils will be consolidated in several City designated locations. Final pick up and disposal to
be done by City.
All greens will be roto-tilled in two opposing directions to an approximate depth of eight (8)
inches.
•
•
• All greens will be re -compacted to prevent future settling.
• All greens will be fumigated using the solid tarp method. Fumigation material will be injected
into the soil and tarps placed. Tarps will remain on the greens for a minimum of 48 hours and
then will be removed from the greens by the contractor. The City will assist in the disposal of
the tarps.
• Application rate shall equal 1.5 pounds of methyl bromide/chloropicrin per 100 sq ft.
• After the fumigation tarps are removed, the greens will be re -floated to approximate the
original contours and prepped for sprigging.
o A laser instrument will be used to insure positive surface water runoff from greens.
o Final contours and finish grade will be performed using `flex -drag' equipment. Surfaces
shall be free of any imperfections in grade.
Grassing
• All greens shall be planted with Certified Tif Dwarf hybrid Bermuda grass sprigs.
o Rate shall equal 30 bushels per 1000 sq ft.
• Sprigs shall be less than 24 hours old.
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L C. 10 of 17
• Sprigs shall be distributed and planted and pressed firmly into soil using a self -feeding, self-
propelled planter. Hand shaken placement of grass sprigs is not permitted.
• Soil amendments and fertilizer applications are to be provided by the City.
• All construction debris that cannot be disposed of on the existing property will be disposed of
off -site.
Lake Liner Installation
• Contractor to strip sod and minor brush from lake area scheduled to be lined. Grass stripping
and associated demoed materials to be stockpiled for disposal by City.
• Contractor to cut in bench area, liner anchor trench, and tie in excavated areas to existing
grades.
• Contractor will provide and install a 40 mil HDPE double textured lake liner with a 12"
cover of clay Lake area to be approximately 45,082 sf of surface area.
• Contractor to finish grade disturbed areas, fertilize and, sod with 419 Bermuda sod.
Miscellaneous
• This program does not include any grow in items. It is assumed that this will be a drop -seed
contract. All watering, maintenance, and grow -in of the golf course will be the responsibility
of the City. If requested by City, LU will perform the grow -in and maturation requirements of
this project at an agreed upon cost and schedule, based on exact scopes of grow -in.
• Only those items and quantities listed on the proposal form are included.
• Insurance requirements set forth by the City of Ft. Worth will be met by Contractor.
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 11 of 17
Contractor's Quote
Southived Regional Office
g970 itaintree Drive, Suite 300
Scottsdale, A2 85 260
480-94-$-4300 * Fax 1- r6-SO0•2443
LANDSCAPES UNLIMITECD; LLC
Golf Course & Recreational Development
1201 Aries Drive *Lincoln, NEG&512
Ply, 402423-Q53 i Fax-423-44$7
To:
Address:
Project Name:
Project Location:
City Of R1 iskalath
Purchasing Division
Ft, Wctth,, TX
5/carnore Creek GC - Greens And Lake LF-lir1g
II Item # Item Description
Project Preparation
01 Mobilization
D2 F oject Supervision
Greens Renovation
D1 5ri Ip Existing 5cd From Greens - 2" Minimum Depth -
Material To Be Stockpiled Near Greets For Use Or
Cisposa[ By Dana,
02 Ibb till Greens
03 Finish Float Green suface
D4 Fumigate Greers
DS Ana! Flat Greens Surface
D6 Fertilize Greens
D7 Grassing - Sprig Trfbwarf is►t 30 Bu/1000 LIdng
5ff-feeding, Self-propelled Planter
Eait coast tegional Office
366 Raleigh Strut
Holly Swings. NC 27340
Ph,919-552-3800 i Fax 91945248 A
Contact
Phone:
Fax:
Bid Number:
Bid Date:
Estimated Quantity Unit
(817} 392-8355
(817) e71-&Ho
3/28/2012
Unit Price
1.00 LS $8,50,00
1.00 ES OEOO
Total Price for above Project Preparation Items:
a2,0Co.DO 5F
62,OCOz0O
52,000.00 5F
62,0000DD SF
62,00100 SF
62,OCO.D0 SF
621000.DD SF
$►0.15
tO,D3
$0,05
SO140
$0,04
$0.04
0.8
Total Price for above Greens Renovation Items:
Lake Liner Installation
01 Lake const rction- Debris Cerro, Shaping, Bench Cut -in
Aid Cuff Soil Excavatbn
02 Lake Liner- instdIalion - 40m11 Double Tcxtraed MOPE
Liner Setif 12" Carer mil On Eafcty Bcrneh
D3 Clean -Up And Repair Around Lake Fein tes - Includes
419 Scd
Notes:
• See Scope of V'Mrt in Attached Roped: Dew oprr Prograrn
• Alt p4-icirg is based on Buy Board ccnbact #391-12.
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C.
45,0a00 SF
4510E8.DD
18,000.OD SF
$1.5-'S
$0,60
Total Price for above Lake liner Instillation Items
Total Price'
$8,5O0.O0
40.00
$8,500.00
$9,30D.OD
1,86040G
$1,550.00
:24,800,001
$2,400,00
$2,480,00
$29,760,00
472,540.00
$18,032,80
$74,395, 0
$i O,80EO0
$103,228.00
Total Bid Price: $184,2613.00
12of17
Exhibit B
LANDSCAPES UNLIMITED, LLC
T & M Rates
(Time and Material)
Work Rates Effective January 2003
All equipment is operated, fueled and fully maintained. The prices below are for owned
equipment If machinery must be rented for your proposed work, an hourly rate shall be agreed
upon before the work begins. Mobilization costs are not extra.
DESCRIPTION HOURLY RATE
DOZER
John Deere 850C 176
John Deere 750C 157
John Deere 650H 139
John Deere 550H 129
Cat D8R 204
EXCAVATORS
John Deere 790/230 165
John Deere 490/120 139
John Deere 690/200LC 152
Mini -Cat 302.5 72
LOADERS/BACKHOES
John Deere 410 90
John Deere 410 w/ breaker 135
John Deere 310 76
John Deere 310 w/breaker 114
John Deere 210 68
RUBBER TIRE LOADERS
John Deere 344 111
John Deere 544G 148
Case 621 148
Case 1845C Skid Steer 86
SCRAPER
Cat 627 B
TRACTORS/LOADER-GRADING
278
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 13 of 17
Ford 250C-260C 95
Ford 345C 100
Ford 445A-445D 100
Ford 540B-545D 104
DESCRIPTION HOURLY RATE
TRACTOR ONLY
Ford 4610/4630 70
Kubota 6030MF 70
Kubota 5030MF 60
Kubota 4030MF 50
Kubota B7100 44
TRENCHERS
Vermeer T555 289
Case 860/960 139
Case 760 123
Bobcat TLl 16 70
TRUCKS
1800 gal Water truck 96
Dump 10 yd 95
Dump 5/6 yd 79
Dump 3 'A 58
Flatbed 79
Pick-up 17
MISCELLANEOUS
Sandpro 89
3" Pump 25
2" Pump 17
Generators Under 8 hp 22
Mixers 25
Tamper 25
ATV's/Gator 34
LP600 Laser 15
ATTACHMENTS
Bowie Mulcher 130
Bale Shredder 45
Rock Picker 158
Rock Rake 114
Brillion Seeder 42
Lely Spreader 42
Vicon Spreader 25
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 14 of 17
Laser Box 45
Soil Mover 34
Trailers 17
DESCRIPTION HOURLY RATE
RENTED EQUIPMENT (Approx. Rates)
Cat D8R 218
Cat D3C 124
Cat D6R 174
Cat 320LC 137
Cat 322LC 160
Cat 325LC 182
Cat D25C 146
Cat D30C 174
Cat 613 197
Cat 623 220
LABOR RATES
1. Foreman w/pickup 89
2. Foreman w/out pickup 69
3 LUI Skilled Laborer 53
4. General Laborer 41
(All labor rates include labor, burden, profit and overhead)
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 15 of 17
Exhibit C
Prior to the time Contractor is entitled to any right of access to or use of the Site, Contractor shall
procure, pay for and maintain the following insurance written by companies approved by the State of
Texas and acceptable to City. The insurance shall be evidenced by delivery to City of executed
certificates of insurance and/or certified copies of policies as determined by City.
Contractor covenants and agrees to obtain and keep in force during the term of this Agreement,
Commercial General Liability Insurance, Including Personal Injury Liability, Independent Contractors
Liability and Contractual Liability covering, but not limited to, the liability assumed under the
indemnification provisions of this Agreement, with limits of liability for bodily injury (including death) and
property damage of not less than One Million Dollars ($1,000,000), with an aggregate of not Tess than
Two Million Dollars ($2,000,000) . All insurance policies shall include the following:
1) The term of insurance is for the duration of the Agreement, which includes the period from
the right of access to set-up through the period allowed for removal of property!
2) The Contractor is responsible for providing the City a thirty -day (30) notice of cancellation or
non renewal of any insurance policy and may not change the terms and conditions of any
policy that would limit the scope or coverage, or otherwise alter or disallow coverage as
required herein;
3) All policies shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of
Fort Worth.
4) a) Any deductible in excess of $5,000.00, for any policy that does not provide coverage on
a first -dollar basis must be approved by Risk Management
b) Any self -insured retention (SIR) in excess of $25,000.00, affecting required insurance
coverage, shall be acceptable to and approved by Risk Management in regards to asset
value and stockholders equity. In lieu of traditional insurance, alternative coverage
maintained through insurance pools or risk retention groups, must also be approved by Risk
Management.
c) Company issuing the insurance policy shall have no recourse against the City of Fort
Worth for payment of any premiums or assessments for any deductibles which all are at the
sole risk of Contractor;
5) The terms "Owner", "City" or City of Fort Worth shall include all authorities, Boards, Bureaus,
Commissions, Divisions, Departments, and Offices of the City and the individual members,
employees and agents thereof in their official capacities and/or while acting on behalf of the
City of Fort Worth.
6) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held
by City, to any future coverage, or to City's self -insured retention of whatever nature.
7) The City its officials, employees, agents and officers shall be endorsed as an "Additional
Insured' to all policies except Employers Liability coverage.
8) Coverage shall be written on a Per Occurrence basis and the policy shall include Broad Form
Property Damage Coverage with an insurance company satisfactory to City If insurance
policies are not written for specified coverage limits, an Umbrella or Excess Liability
insurance for any differences is required. When required, Excess Liability shall follow form of
the primary coverage.
9) Automobile Liability Insurance shall provide coverage on any automobile, including and
defined as automobiles owned, hired and non owned with a One Million Dollar ($1,000,000)
combined single limit per accident or $250,000 Property Damage and $500,000 Bodily Injury
per person, per occurrence.
10) Contractor shall carry Workers Compensation and Employers Liability Insurance with
minimum limits of $100,000 each accident/occurrence, $100,000 Disease each employee
and $500,000 Disease policy limit
11) All policies shall be written by an insurer with an A-:VIII or better rating by the most current
version of the A. M. Best Key Rating Guide or with such other financially sound insurance
carriers acceptable to the City.
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 16 of 17
12) Deductibles shall be listed on the Certificate of Insurance and shall be on a "per occurrence"
basis unless otherwise stipulated herein
13) If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident
with or prior to the date of the contractual agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage
shall be maintained for the duration of the contractual agreement and for five (5) years
following completion of the service provided under the contractual agreement or for the
warranty period, whichever is longer. An annual certificate of insurance submitted to the City
shall evidence such insurance coverage.
14) Certificates of Insurance shall be delivered to the address for notice in Section 28, evidencing
all the required coverages including endorsements.
Contractor hereby waives subrogation rights for Toss or damage against City, its officers, agents
and employees for personal injury (including death), property damage or any other loss.
Contractor shall not do or permit to be done anything in or upon any portion of the Site, or bring or
keep anything therein or thereupon which will in any way conflict with the conditions of any insurance
policy upon the Site or any part thereof, or in any way increase the rate of fire insurance upon the Site or
on property kept therein, or in any way obstruct or interfere with the right of the other tenants of the Site,
or injure or annoy them.
The City may terminate this Agreement immediately upon the failure of the Contractor to provide
acceptable documentation of insurance as required by this Agreement.
Contract for Services Between the City of Fort Worth
and Landscapes Unlimited, L.L.C. 17 of 17
M&C Review
CITY COUNCIL AGENDA
DATE:
CO
SUHJ FCT:
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT WoRTu
-astir
COUNCIL ACTION: Approved As Amended on 6/16/2012
5/15/2012
csT
R
P TYPE:
,INIC NO.: P011384
NON -
CONSENT
LOG
PUBLIC
HEARING:
13P12-0171
REGRASS SCGC CC
NO
Authorize Purchase of Renovations at Sycamore Creek Golf Course with Landscapes
Unlimited, LLC, Using a Texas Association of School Boards BuyBoard Contract for the
Parks and Community Services Department in an Amount Up to $184,268.00 (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize a purchase of surface renovations with Landscapes
Unlimited, LLC, using a Texas Association of School Boards BuyBoard Contract Number 391-12 and
execution of related contracts for the Parks and Community Services Department in an amount up to
$184,268.00.
DISCUSSION:
The putting surfaces at Sycamore Creek Golf Course were built in 1993 and are almost 20 years old.
The condition of the greens has been declining due to the mutation of the original grass. This has
made the greens very susceptible to disease, resulting in "Bermuda grass decline" the past few
seasons. The Bermuda grass decline has affected six to seven greens resulting in poor putting
conditions. The regrassing of the greens will result in smoother, more consistent putting surfaces
which is desirable by the golfing public.
The greens will be regrassed with Certified Tifdwarf Bermuda. This project will be similar to the work
completed on the Pecan Valley "Hills" Golf Course greens in the summer of 2007 and will include
renovations to the lake liner on hole number three Parks and Community Services Department Staff
estimate the project will be completed no later than June 21, 2012 for the greens and July 13, 2012
for the hole number three lake liner with the reopening of Sycamore Creek Golf Course no later than
September 15, 2012. Estimated cost for regrassing of the greens is $81,040.00. Estimated cost for
relining the lake is $103,228.00.
The project of regrassing the greens and improvements at Sycamore Creek Golf Course is part of the
Golf Enterprise Fund's Fiscal Year 2011 Gas -Related Revenue Expenditure Plan which was
approved by the City Council on July 12, 2011, (M&C G-17281 Revised).
PRICE ANALYSIS - Parks and Community Services Staff reviewed the pricing available under the
Texas Association of School Boards (TASB) contracts on the basis of pricing, availability, and quality.
Staff certifies that the products and services available from Landscapes Unlimited, LLC, meet
specifications for quality and that the pricing being offered is fair and reasonable.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under
a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the item. TASB contracts have been competitively bid to increase
and simplify the purchasing power of government entities.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of goods or services
is from sources where subcontracting or supplier opportunities are negligible.
http://apps.cfwnet.org/council packet/mc_review.asp?ID=16817&councildate=5/15/2012 5/21/2012
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Golf Gas Lease Capital Project Fund.
BQN\12-0171 \CC
TO Fund/Account/Centers FROM Fund/Account/Centers
P243 541600 808490191580 $184 268.00
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Susan Alanis (8180)
Lena Ellis (8517)
Jack Dale (8357)
Cristina Camarillo (8355)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=16817&councildate=5/15/2012 5/21/2012