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HomeMy WebLinkAboutContract 57260-A1R1��M FIRST AMENDMENT AND .FA II2ST RENEWAL OF FORT WORTII CITY SECRETARY CONTRACT NO 57260 This FIRST AMENDMENT OT FORT WORTH ary SECRETARY CONTRACT NO. 57260 ("AMENDMENT") is made and entered into by and between the City of Fort Worth, a borne rule municipal corporation of the State of Texas ("City"), acting herein by and through Dana Burghdoff, its duly authorized Assistant City Manager, and L.A.T.E., LLC ("Vendor"), acting herein by and through Leslie Hortman, its duly authorized Owner. City and Vendor are individually referred to as a "party" andcollectively referred to as the "parties". WHEREAS, City and Vendor are currently parties to an agreement for Vendor to provide various landscaping services at Fort Worth Meacham International Airport ("Airport"), the same being Fort Worth City Secretary Contract ("CSC") No. 57260 (the "Agreement"); WHEREAS, the Agreement provides for a one-year term with four (4) automatic renewal terms; WHEREAS, the Agreement currently states that services will be provided bi-weeldy through the months ofFebruary through September; WHEREAS, the City has found there is a need for additional maintenance later in the year for the outdoor landscaping at the Airport and would like the discretion to request additional maintenance in the winter months es needed; WHEREAS,, additionally, it has been determined that the initial amounts of mulch projected to be necessary by the City (currently 10 cubic yards) during the term was too low and that additional mulch (30 cubic yards per cycle) is needed; acid WHEREAS, for these reasons the parties would lilw to arnend the Agreement to replace Exhibit A "Scope of Work" .in the Agreement in order to add the ability for the City to request additional maintenance services, in the City's sole discretion, anytime during the year and replace Exhibit. B "Price Schedule to reflect additional bed maintenance cycles to accommodate for the potential maintenance requests by the City in the winter months and to change the original 10 cubic yards of mulch to be applied twice per year to reflect 30 cubic yards of mulch to be applied twice per year, increasing the unit price and extended price respectively. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TiRsT AMENDMENT CT, (SC NO. 57260 Page ]: OB NOW THEREFORE, KNOWN ALL BY THESE PRESENT, City and Vendor, acting herein by and through their duly authorized representatives, enter into this Amendment, which amends and renews the Agreement as follows: 1. The Agreement is hereby amended by deleting both "Exhibit A — Scope of Services" and "Exhibit B — Price Schedule" within the Agreement in their entirety and replacing them with the Attachments "A" and `B" of this Amendment. 2. Except as expressly modified in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [Signature Page Follows] FIST AMENDMENT OF CSC NO. 57260 Page 2 of 8 IN WITNESS WHEREOF, the said parties have hereto set their hands and seal of office to triplicate originals on this 3v day of beceanb (I— , 2022. CITY: CITY OF FORT WORTI l APPROVED: t/�Grl1GC �GI�GI�IG(D� By: Dana Burghdoff (Jan 13, 202 0 :42 CST) Name: Dana Burghdoff Title: Assistant City Manager APPROVAL RECOMMENDED: By: Name: Roger Venables Title: Director, Aviation APPROVED AS TO FORM AND LEGALITY: By: Name: Thomas Royce Hansen Title: Assistant City Attorney Contract Authorization: M&C ATTESTED: T6inneJ'1-e S. Goadc�ll By:Jannette S. Goodall (Jan 13, 2023 09:50 CST) Name: Jannette S. Goodall Title: City Secretary N/A 4 FORTdd �o dVo 0=4 N Q4 nEXA5obd — CONTRACT COMPLIANCE MANAGER: By signing 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reportin requ!9� By: > Name: Dakota Shaw Title: Airport Supervisor VENDOR: Title: Owner OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FIRST AMENDMENT OF CSC NO, 57260 Fags 3 of 8 ATTACHMENT A EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE - The successful bidder(s), hereinafter, "Contractor" shall provide all necessary labor, material, and equipment to provide flower bed maintenance at Meacham Airport for the City of Fort Worth (City). Contractor is required to meet all specifications listed herein as minimum requirements, and is required to submit firm, fixed unit costs for all services deliverable under the terms of this solicitation. 2.0 EQUIPMENT 2.1 Contractor shall have available all equipment and material upon arrival at job site or have access to all equipment necessary to perform all work outlined in this Agreement. 2.2 Bidders should be able to demonstrate adequate back-up equipment or plan to allowfor breakdowns. 2.3 All equipment shall be in good repair at all times and be operated by a responsible employee. 3.0 FLOWER BED MAINTENANCE 3.1 The Contractor is responsible for maintaining the planting beds at Meacham Airport in accordance with this Scope of Work. Total square footage of flower beds is estimated at 3,250 square feet. 3.1.1 Contractor shall: 3.1.1.1 Cleanup to include removal of all trash, leaves, weeds and apply weed killer application 3.1.1.2 Remove all weeds/unwanted grasses from concrete and crushed stone surfaces, and ornamental and ground cover bed. 3.1.1.3 Mulch replacement up to two times per year (asrequested). 3.1.1.4 Trim plants as needed. 3.1.1.5 Recommend plant replacement as needed. FIRST AMENDMENT OF CSC NO. 57260 Page 4 of 8 3.1.2 Project area shall be broom clean and trash and weed free after completion of work each week by the Contractor. 3.1.3 Contractor shall not trim with a power trimmer or use mechanical tools that will damage the drip irrigation. 3.1.4 The Contractor must contact the contract administrator and receive approval for post -emergent and pre -emergent herbicides treatment prior to allowing the Contractor to proceed with the application. The use of post -emergent and pre - emergent herbicides must not kill/destroy desirable vegetation. The Contractor will be responsible for replacing any vegetation that is destroyed at no additional cost to the City. 3.1.5 Blowing grass clippings and other debris into the adjoining street or roadway will not be permitted. Gutters, sidewalks and roadways must provide a clean surface or the appearance of being swept. This is in accordance with City Code: 12.5-302, paragraph A: "Anything that is not storm water that goes into storm drain is an illicit discharge." The Contractor shall preserve and protect public utilities at all times during flower bed maintenance. Any damage to property or utilities resulting from the Contractor's work shall be restored at the Contractor's expense. 3.1.6 Flower bed maintenance will be performed in accordance with the Flower Bed Maintenance Schedule as defined below. 3.2 DEFINITIONS 3.2.1 FLOWER BED MAINTENANCE PROJECT AREA shall refer to specific geographic area(s) of the City designated to receive specified maintenance services. 3.2.2 FLOWER BED MAINTENANCE SCHEDULE: the Flower Bed Maintenance referenced in section 3.1 herein shall be conducted by Contractor Bi-weekly for the months of February through September. For all other months throughout the term of the Agreement, Flower Bed Maintenance will be requested by the City on an as needed basis, in the City's sole discretion by submitting a request to Contractor via a Purchase Order. 3.2.3 CONTRACT ADMINISTRATOR shall mean the duly authorized representative of the Aviation who shall monitor the Contractor's performance within the regions he/she is assigned. 3.2.4 INCLEMENT WEATHER shall mean rainy/wet weather or when the condition of the soil in flower bed is such that maintenance cannot be accomplished satisfactorily. 3.2.5 OZONE ACTION DAYS shall refer to the period from May 1st through October 31st (Ozone Season) of each year, when ozone levels are critical. These days are FIRST AMENDMENT OF CSC NO. 57260 Page 5 of 8 determined by the Texas Natural Resource Conservation Commission and are announced via television, radio, and TX DOT highway information boards. Contractors are not to use any motorized equipment between the hours of 6 a.m. and 10 a.m. on these days, unless the equipment uses propane, diesel or compressed natural gas as a fuel source or meets California Air Resources Board (CARB) revision #2, standards. 3.2.6 TRIMMING shall referto the cutting or removal of all plant life adjacent to anyfence line, pole, guy wire, sign, guard rail sidewalk and curb. 3.3 Contractor will use reasonable care to avoid damaging any City or private property, especially fences, mailboxes, etc. in right-of-ways. If the Contractor's failure to use reasonable care causes damage to any property, the Contractor shall replace or repair the damage at no expense to the City. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the Contract Administrator. Debris that falls or is thrown by equipment upon the pavement, streets, curb and gutters, sidewalks, driveways, or adjacent properties through the action of the work crew, shall be removed prior to leaving the project area. 3.4 HAZARDOUS CONDITIONS - The Contractor is required to notify the Contract Administrator immediately of any hazardous conditions and/or damage to city property. 3.5 SUPERVISION OF WORK CREW - Contractor shall provide supervision of all work crews while performing work under this Agreement. On -site supervision is not required as long as communication equipment is provided which enables the work crew to communicate with a project supervisor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 3.6 PROTECTION OF FENCES, TREES, PLANTS AND SOIL ON PRIVATE PROPERTY All property along and adjacent to the Contractor's operations including fences, lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. No direct payment will be madefor this item, and it shall be considered incidental to this Agreement. 3.7 REPORTING COMPLETED WORK AREAS — Contractor will notify the Contract Administrator when the flower bed maintenance has been completed. This will be accomplished by email. Notifications will be made the next day following the completion of the maintenance. 3.8 FLOWER BED MAINTENANCE SCHEDULE 3.8.1 NOTE: FAILURE TO MEET THE CONTRACT REQUIREMENTS ON MORE THAN ONE OCCASION WITHIN THE PRESCRIBED MAINTENANCE SCHEDULE MAY RESULT IN THE TERMINATION OF THEAGREEMENT. 3.8.2 The Contract Administrator has the authority to cancel scheduled flower bed maintenance cycles on a bi-weekly basis. The cancellation will be based upon need, prevailing weather conditions and availablefunds. FIRST AMENDMENT OF CSC NO. 57260 Page 6 of 8 3.8.3 The Contractor will be notified of any cancellations. The City reserves the right to perform flower bed maintenance operations during cancelled cycles. 3.8.4 Contractor shall secure all permits and licenses imposed by laws and ordinances, pay all charges and fees, and give all notices where necessary. 4. TURF MANAGEMENT 4.1. The Contractor is responsible for maintaining the sod at Meacham Airport in accordance with the three established zones. The Contractor will be required to perform maintenance on an as -needed basis, determined by the City, to eliminate weeds and other forms of unwanted vegetation growing in the grass areas. Only pre -established grass species are allowable for sodding purposes when replacing dead, or missing, patches of grass. 4.2. The Contractor is responsible for maintaining the sod in such a manner to create a uniform appearance of the pre -established grass through the specified zones. 4.3. The Contractor must contact the contract administrator and receive approval for post -emergent and pre -emergent herbicides treatment prior to allowing the Contractor to proceed with the application. The use of post -emergent and pre- emergent herbicides must not kill/destroy desirable vegetation. The Contractor will be responsible for replacing any vegetation that is destroyed at no additional cost to the City. 4.4. Square footage for the established zones are estimated to be: 4.4.1. Zone 1— 7,363 ft sq 4.4.2. Zone 2 — 8,048 ft sq 4.4.3. Zone 3—14,860 ft sq FIRST AMENDMENT OF CSC NO. 57260 Page 7 of 8 ATTACHMENT B EXHIBIT B PRICE SCHEDULE Description Quantity Unit Unit Price Extended Price Bed Maintenance Cycle 24 Ea $ 600.00 $ 14,400.00 30 Cy Mulch 2x peryear 2 Ea $ 3,750.00 $ 7,500.00 Description: "AS NEEDED" PLANT REPLACEMENT PRICING Quantity Unit Unit Price Extended Price Variegated Privet 5 Ea $ 65.00 $ 325.00 Pip's Red Chinese Fringe Flowers 5 Ea $ 78.00 $ 390.00 Japanese Barberry"Concord" 5 Ea $ 86.00 $ 430.00 Pink Muhly Grass "Regal" 5 Ea $ 42.00 $ 210.00 Dwarf Burford Holly "Dazzler" 5 Ea $ 58.00 $ 290.00 Dwarf Fountain Grass "Little Bunny" 5 Ea $ 42.00 $ 210.00 American Beautyberry 5 Ea $ 72.00 $ 360.00 Cast Iron Plant 5 Ea $ 30.00 $ 150.00 Japanese Barry "Rose Glow" 5 Ea $ 42.00 $ 210.00 Earth Kind Rose "Seafoam" 5 Ea $ 72.00 $ 360.00 Mondo Grass 5 Ea $ 4.50 $ 22.50 Wild Red Columbine 5 Ea $ 40.00 $ 200.00 New Gold Lantan 5 Ea $ 28.50 $ 142.50 Asian Jasmine 5 Ea $ 4.50 $ 22.50 Commotion Moxie Blanket Flower 5 Ea $ 36.00 $ 180.00 Yaupon Holly Treeform 5 Ea $ 633.00 $ 3,165.00 Zone 1Turf Management 12 Ea $ 55.00 $ 660.00 Zone 2Turf Management 12 Ea $ 38.00 $ 456.00 Zone 3Turf Management 12 Ea $ 48.00 $ 576.00 *EXTENDED PRICE IS ONLY A PROJECTION OF THE TOTAL PROJECTED COST FOR EACH PARTICULAR SERVICE THROUGHOUT THE ENTIRETY OF THE AGREEMENT AND NOT AN ACTUAL AMOUNT TO BE BILLED. ALL WORK PERFORMED WILL BE BILLED ON MONTHLY INVOICES PROVIDED BY VENDOR TO CITY BASED ON THE UNIT PRICES ABOVE. FIRST AMENDMENT OF CSC NO. 57260 Page 8 of 8