2018 Mowing Contract-SuperiorINDEPENDENT CONTRACTOR AGREEMENT
This Agreement made this 29"' day of March 2018, 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
project.
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,
2018 and shall terminate on December 31, 2021; 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 (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;
PA
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 55/100 ($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 50/100 ($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 Superior Green Lawns, Inc.
By
JA ALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
ATTEST:
Specifications for Right-of-Wav Mowing for the City of Blair,
Nebraska
The City of Blair is requesting bids for right-of-way mowing of the city's roadways that
are the responsibility of the City of Blair. A list of areas, corresponding size of mowing
area and specific requirements for each area are listed below.
Area
Size
1. Highway 91 from West Corporate Limits east to UPRR tracks
0.67 Acres
2. Union Pacific Railroad right-of-way from crossing on Highway 91
East to 25th Street. South side of Highway from Highway 91
UPRR crossing east to 25th Street.
2.55 Acres
3. Union Pacific Railroad right-of-way from just North of Highway 91
and 25th Street east to 23rd Street
0.61 Acres
4. Union Pacific Railroad right-of-way from 23rd Street east to Highway
75 on the south side of UPRR tracks.
2.32 Acre
5. Union Pacific Railroad property North of Grant Street to Highway 30
right-of-way and South of Grant Street.
6.83 Acres
6. Union Pacific Railroad right-of-way on north side of tracks from
10th Street south side of Front Street east to 772 Front Street and on
the south side of the UPRR tracks from 10th Street east to 816
Washington Street.
0.82 Acres
7. Union Pacific Railroad right-of-way north side of tracks from 772
Front Street east to end of Front Street. Highway 30 right-of-
way on the north side from overpass west to frontage road and south
side from overpass west to driveway.
0.88 Acres
7a. North and south sides of Highway 30 Right-of-way west of 4th Street
Overpass to driveway to Dollar General and frontage road access
mowed once in May, June and July
1.97 Acres
8. Union Pacific Railroad right-of-way between River Road and tracks
and southwest corner of the intersection of River Road and 4th Street.
2.40 Acres
9. Union Pacific Railroad right-of-way between Blaine Street and the
tracks from River Road east to 300 feet east of Riverview Drive.
0.93 Acres
10. Union Pacific Railroad right-of-way south of tracks from Highway 75
East to behind 237 17th Street and NDOR right-of-way north of UPRR
tracks from Highway 75 east to 18th Street and NDOR right-of-way
between UPRR tracks and parking lot south of UPRR tracks.
1.47 Acres
11. 12 feet wide mowing strips along the north east side of Marina Drive,
north and south sides of Highway 30 and south side of Highway 30
from Fish Creek east
1.78 Acres
11a. South of Highway 30 to the Fish Creek on both sides of railroad
Tracks to Marina Drive to the east mowed once in May, June and July
3.26 Acres
12. 12 feet wide mowing strips along the north and south sides of Blaine
Street and north and south sides of Highway 30 from Fish Creek
west to Industrial Drive.
1.30 Acres
12a. North and south of Highway 30 entire right-of-way from Fish
Creek west to Industrial Road mowed once in May, June and July. 7. 11 Acres
13. 12 feet wide mowing strips along the north side of River Road,
north side of River Road from UPRR main tracks west to UPRR spur
tracks, south side of River Road from curve to the east west to first
driveway and north and south sides of Highway 30 from Industrial Drive
west to I" St. 1.50 Acres
13a, South side of Highway 30 entire right-of-way from 1" Street
east to North Industrial Drive. Mowed once in May, June and July. 0.79 Acres
14. 12 feet wide mowing strips on the north and south sides of Highway
30 from 1St Street west to overpass.
0.55 Acres
14a. North and south sides of highway 30 entire right-of-way from
1St Street west to overpass as shown on drawing. Mowed once in
May, June and July.
4,39 Acres
15. 6 feet wide mowing strips on the north and south sides of Grant
Street from Industrial Drive west 1600 feet on the north side and
on the south side starting from 600 feet east of 1St Street east for
750 feet.
0.29 Acres
16. 9 feet wide mowing strip on the east side of 4th Street from Grant
Street north to overpass on Highway 30.
0.17 Acres
17. 6 feet wide mowing strips on the west and east sides of 10th Street.
From Adams Street north to north driveway of Apartments at 1235
10th Street, and from Flynn Drive north to Jo Ann Drive on the W side
0.29 Acres
18. 12 feet wide mowing strip on the south side of Highway 75 from
city limits southeast to 25th Street.
0.11 Acres
18a. Also south side of Highway 75 entire right-of-way from city's
north corporate limits southeast to 25t" Street. Mowed once in
May, June and July.
0.52 Acres
19. 12 feet wide mowing strips on the north side of Highway
75 from Deerfield Blvd southeast to Cauble Creek
0.17 Acres
19a. Also north and south sides of Highway 75 entire right-of-way from
Deerfield Blvd southeast to Cauble Creek on the north side. Mowed
once in May, June and July
0.82 Acres
20. 12 feet wide mowing strips on east side of 10th Street from drive at
710S. 10th Street south to intersection of 10th and Wilbur Streets,
south side of Wilbur Street from 10th Street west to Highway 75, east
side of Highway 75 from Wilbur Street south to end of farm filed and
west side of Highway 75 from County Road 35 north to first driveway
1.00 Acres
21. 6 feet wide mowing strips on west side of 25t" Street from Skyline
south to Clark Street, south side of Clark Street from 25th Street east
to driveway at 1015 Highway 30 and north side of Clark Street from
Southfork Drive to east property line of 968 Pheasant Circle.
0.60 Acres
22. 12 wide mowing strip on west side of Highway 30 from driveway to
hotel south to drive to Blair Garden Center.
0.08 Acres
23.
12 feet wide mowing strip on the east side of Highway 30 from
Hollow Road intersection north to north lot line of 1648 South
Highway 30.
0.12 Acres
23a.
East side of Highway 30 entire right-of-way from Hollow Road
intersection north to the north lot line of 1648 south Highway 30
as shown on the drawing. Mowed once in May, June and July.
0.30 Acres
24.
12 feet wide mowing strips on the west and east sides of Highway 30
from Woodhouse driveway south to south end of the round -a -bout
on the east side and the three islands within the round -a -bout as shown on
the drawing and west side of Highway 30 from Pittack street to north
end of motel property.
0.56 Acres
24a. West side of Highway 30 entire right -of --way that can
be mowed from Woodhouse driveway south to south end of rounda-
bout on the east side. Mowed once in. May, June and July
1.09 Acres
25.
12 feet wide mowing strips on the west and east sides of Highway 133.
East side from south end of round -a -bout south to the Mutual of Omaha
Driveway/intersection and on the west side and from south end of
round -a -bout south to Mutual of Omaha driveway/intersection.
0.55 Acres
25a. East side of Highway 133 entire right-of-way from south end
of round -a -bout south to 300 feet north of Mutual of Omaha driveway.
Mowed once in May, June and July.
2.52 Acres
26.
12 feet wide mowing strips on west and east sides of East 4th Street
and north and south sides of Dixon Road
2.20 Acres
27.
String Trim north and south sides of guard rail on College View Drive,
guardrail on Jackson Street at the 3rd Street intersection.
28.
12 feet wide mowing strips on the west and east side of Highway 30 from
County Road 26 north 3000 feet
1.67 Acres
29.
9 feet wide mowing strip on the west side of 1St Street from Highway 30
south for 500 feet
0.10 Acres
30.
Area behind 1921 Soren Drive
0.28 Acres
31.
5 feet wide strip on both sides of rock trail located in the California Bend
0.41 Acres
32.
Outlot north of city library in the Deerfield Subdivision
0.60 Acres
33.
Across Highway 30 at the 9' Street intersection
0.11 Acres
34.
South side of Fairview Drive from Marina Drive east to Flood Wall
2.50 Acres
Total:
36.67 Acres
Areas to be mowed once in May, Tune and July. Total:
23.32 Acres
A. General Instructions to Bidders: Bids are to include all necessary equipment, tools
and labor to perform work as listed above in the specifications.
B. Insurance Requirements: Successful bidder will be required to maintain liability
insurance that will protect contractor, or their subcontractor's, from claims under
Workman's Compensation Acts and from claims for damages because of bodily
injury, including death, and property damage which may arise from or during
operations under this contract. Such Commercial General Liability Insurance shall be
in an amount of at least $500,000 with a deductible of not more than $250.00.
C. Certificates of Insurance: Bidder shall provide a copy of certificate of insurance
evidencing the coverage required in Paragraph (B) above with their bid and
successful bidder annually thereafter.
D. Length of Contract: It is the intent of the City of Blair to enter into a contract with
the successful bidder for a period of three (3) years. However, either party may
terminate the contract between any season with thirty- (30) days written notice
E. Mowing Requirements: All right-of-way areas identified on the attached maps are to
be mowed once every two-week during the months of April through June and every
month during the months of July through October which equals a total of nine
mowing per year except all areas shown in orange shall be mowed once in May, June
and July. The first mowing shall be done by April 30th of each year. The City of
Blair does reserve the right to request mowing sooner or later than the number of day
specified. Contractors are required to complete all of the mowing within three (3)
working days once started. Mowing is to include weed eating around all protrusions
in specified areas. Mowing along roadways will be 12 feet in width along each side
of the road as shown on the attached map from the edge of road.
F. Pre Bid Meeting: There will be a mandatory pre bid meeting held at the City of
Blair's City Council Chambers on February 26, 2018 at 10:00 AM to review all
proposed mowing areas. The meeting is mandatory to allow bidders to familiarize
themselves with the specific locations and requirements for mowing each area
identified on the attached maps.
Bid Mowing per acre for the 36.67 Acres $ /Acre
Areas to be mowed once in May, June d. July
Bid Mowing per acre for the 23.32 Acres $
Bidder's Company Name
Bidder's Company Address
Bidder's Company Phone Number
/Acre
Specifications for Turf Mowing for the City of Blair, Nebraska
The City of Blair is requesting bids for turf mowing of the city's parks and other areas
that are the responsibility of the City of Blair. A listing of areas, corresponding size of
mowing area and specific requirements for each area is listed below.
Area
Size
1.
Water Treatment Plant
11.50 Acres
2.
Wastewater Treatment Plant
1.75 Acres
3.
2364 College Drive
0.18 Acres
4.
Black Elk Park
31.13 Acres
5.
Walking Trails as shown on map
2.30 Acres
6.
Southwest corner of the intersection of 16th Street and
the Union Pacific Tracks & city parking lot islands
0.23 Acres
7.
Highway 75 & Wright Street
2.36 Acres
8.
Area north of 570 Highway 75
0.32 Acres
9.
Bob Hardy RV Park at 19th & Nebraska Streets
1.80 Acres
10.
1873 Nebraska Street Blair North Fire Station
1.18 Acres
11.
19th & Washington Street northeast corner
0.04 Acres
12.
218S16 th Street City Hall
0.12 Acres
13.
17th & Front Streets and old water plant
0.18 Acres
14.
Lions Club Park
2.00 Acres
15
Ridgeview Park
1.58 Acres
16.
Stemmermann Park
1.97 Acres
17.
Blair Cemetery
28.26 Acres
18.
Highway 30 & Marina Drive northwest corner
1.49 Acres
19.
Vets Field
5.57 Acres
20.
Optimist Park
5.70 Acres
21.
16th & Wilbur Streets
1.24 Acres
22.
Steyer Park
19.86 Acres
23.
Rhoades Park
2.89 Acres
24.
Veterans Tribute Plaza Park
0.32 Acres
25.
9th and Grant Streets south side of street
0.53 Acres
26.
Park east of 2445 College Dr.
1.75 Acres
27.
Deerfield Lions Bike Trail Deerfield Neighborhood Park
(Two Slides)
1.27 Acres
28.
Blair Animal Control Facility
0.83 Acres
29.
Island on Jo Ann Drive
0.06 Acres
30.
Island on Highway 30 between
Clark Street and frontage Street access
0.22 Acres
31.
Highway 30 right-of-way
Between Clark Street and Davis Street
1.70 Acres
33.
Blair Welcome sign Highway 30 South
0.10 Acres
33.
North of Front Street from 12th to 16th Streets
2.14 Acres
34.
South side of Highway 75 from 23rd Avenue to 25th Street
0.68 Acres
35.
2344, 2326, & 2300 College Drive
0.07 Acres
36. Dana College and Nebraska Street north right-of-way
37. City Public Works Shop
38. Northwest corner of 191h & Front Streets
39. Northeast corner of Hansen Drive and 27th Street softball
and baseball fields
40. Southwest corner of Highway 133 and County Road P26.
Elevated water tower
41. Recycling Center 440 3rd Avenue
42. West of 1060 Wilbur Street mow Wilbur Street ROW
43. 1049 Park Street
44. 2233 Civic Drive City Library
0.63 Acres
1.61 Acres
1.37 Acres
9.70 Acres
0.90 Acres
0.50 Acres
0.14 Acres
0.25 Acres
2.47 Acres
Total: 150.88 Acres
Per Mowing Bid: $
31. Catholic Cemetery 4.92 Acres
Per Mowing Bid: $
Alternate Bid:
32. Mow Vets ball field twice a week 2.37 Acres
Per Mowing Bid: $
A. General Instructions to Bidders: Bids are to include all necessary equipment, tools
and labor to perform the work as listed above in the specifications.
B. Insurance Requirements: Successful bidder will be required to maintain liability
insurance that will protect contractor, or their subcontractor's, from claims under
Workman's Compensation Acts and from claims for damages because of bodily
injury, including death, and property damage which may arise from or during
operations under this contract. Such Commercial General Liability Insurance shall be
in an amount of at least $500,000 with a deductible of not more than $250.00.
C. Certificates of Insurance: Bidder shall provide a copy of certificate of insurance
evidencing the coverage required in Paragraph (B) above with their bid and annually
for the duration of the contract.
D. Length of Contract: It is the intent of the City of Blair to enter into a contract with
the successful bidder for a period of three (3) years. However, either party will be
able to terminate the contract between any seasons with thirty- (3 0) day's written
notice.
E. Mowing Requirements: All turf areas are to be mowed once every seven -(7) days
during the months of April, May & June and mow once every nine -(9) days during
the months of July, August, September and October, which equals a total of 24
mowings per season. The City of Blair does reserve the right to request mowing
sooner or later than the number of days specified. Contractors are required to
complete all of the mowing within three (3) working days once started. Mowing is to
include weed eating around all protrusions and along sidewalks and street curbs in
specified areas, and sweeping or blowing all grass clippings from paved surfaces.
F. Pre Bid Meeting: There will be a mandatory pre bid meeting held at the City of
Blair's city council chambers on February 26, 2018at 10:00 AM to review all
proposed mowing areas. The meeting is mandatory in order for bidders to familiarize
themselves with the specific locations and requirements for mowing each area
identified on the attached map.
Bidder's Company Name
Bidder's Company Address
Bidder's Company Phone Number