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2021 Mowing Contract-SuperiorINDEPENDENT CONTRACTOR AGREEMENT This Agreement made this 10th day of March 2021, 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, 2021 and shall terminate on December 31, 2024; 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 three hundred thirty two and 38/100 ($1332.38) per mowing for all right of way mowing listed on Exhibit "A" attached hereto, and six hundred ninety three and 78/100 ($693.78) 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 Four Thousand Sixty and 80/100 ($4060.80) plus one hundred thirty two and 84/100 ($132.84) for the Catholic Cemetery and sixty three and 99/100 ($63.99) 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 fiom 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 r By RICHARD HANSEN, MAYOR ATTEST: Superior Green Lawns, Inc. BRENDA R. WHEELER, CITY CLERK ATTEST: SECRETARY Specifications for 'Turf Mowing for the Civ 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. 0 Ares 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. 17th & Front Streets and old water plant 0.18 Acres 13, 218 S 16th Street City Hall 0.12 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 Chant 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 34. North of Front Street from 12th to 16th Streets 2.14 Acres 35. South side of Highway 75 from 231d Avenue to 25th Street 0.68 Acres 36. 2344, 2326, & 2300 College Drive 0.07 Acres 0 !% (,,t( 37. Dana College and Nebraska Street north right-4-way0.63 Acres 38. City Public Works Shop 1.61 Acres 39. Northwest corner of 19th & Front Streets 1.37 Acres 40. Northeast corner of Hansen Drive and 27'11 Street softball injury, including death, and property damage which may arise from or during and baseball fields 9.70 Acres 41. Southwest corner of Highway 133 and County Road P26. C. Certificates of Insurance: Bidder shall provide a copy of certificate of insurance Elevated water tower 0.90 Acres 42. Recycling Center 440 3rd Avenue 0.50 Acres 43. West of 1060 Wilbur Street mow Wilbur Street ROW 0.14 Acres 44. 1049 Park Street 0.25 Acres 45. 2233 Civic Drive City Library 2.47 Acres 46. 2124 Davis Street 0.22 Acres 47. South side of Fairview Dr from Marina Dr east to Flood Wall 2.50 Acers 48. Across Street from 937 181" Avenue 0.59 Acres 49. East side of N. loll St from Adams St to Stemmei an Park 1.9 Acres Total: 150.40 Acres Per Acre Per Mowing Bid: $ � 50. Catholic Cemetery 4.92 Acres OEM - Per Acre Per Mowing Bid: r ".1 $ Alternate Bid: 51. 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 Worlunan'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 LIJ C 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 sidewaUcs and street curbs in specified areas, and sweeping or blowing all grass clippings from paved surfaces. F. Pre Bid. Meeting: There will be a mandato a pre bid meeting held at the City of Blair's city council chambers on February 17, 2021 at 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 % 34 Bidder's Company Phone Company Owner (� Specifications for Right -of -Way 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-oi 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. 0.86 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 4111 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 coiner of the intersection of River Road and 4th Street. 3.07 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. 10. Union Pacific Railroad right-of-way south of tracks from Highway 75 0.93 Acres East to behind 237 17 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. 1.3 0 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. 7.1 l 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 1St St. 0.63 Acres 13a. South side of Highway 30 entire right-of-way from 111 Street east to North Industrial Drive. Mowed once in May, June and July. 0.79 Acres 14. 12 feet wide mowing strips on the south side of Highway 30 from 1St Street west to overpass. 0.55 Acres 14a. South side of highway 30 entire right-of-way from l't Street west to overpass as shown on drawing, and north side of Highway 30 from east end of storage business west to creek, and north and south sides of overpass from 4"' Street to UPRR Tracks. 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 cast for 750 feet. 0.29 Acres 16. 9 feet wide mowing strip on the east side of 4h Street from Grant Street north to overpass on Highway 30. 0.17 Acres NEW 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 Am Drive on the W side 0.11 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 251h Street. Mowed once in F4 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. 1.2 feet wide mowing strips on east side of 10th Street from drive at 710 S. 10th Street south to intersection of 10th and Wilbur Streets, south side of Wilbur Street from 10th Street west to Highway 75, east FIX 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 25th Street from Skyline south to Clark Street, south side of Clark Street from 25th Street cast to driveway at 1015 Highway 30 and north side of Clark Street from Southfork Drive to cast property line of 968 Pheasant Circle. 0,60 Acres 22. 12 wide mowing strip on west side of Highway 3 0 from driveway to hotel south to drive to Blair Garden Center. 0.08 Acres :�- I T 23. 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 Total: 42.95 Acres Areas to be mowed once in May, June and July. Total: 22.38 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. end of motel property. 0.56 Acres 23a. 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 1.00 Acres 24. 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 24a. 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 25. 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 26. String Trim north and south sides of guard rail on College View Drive, guardrail on Jackson Street at the 3111 Street intersection. 27. 12 feet wide mowing strips on the west and east side of Highway 3 0 from County Road 26 north 3000 feet 1.83 Acres 28. 9 feet wide mowing strip on the west side of 1St Street from Highway 30 south for 500 feet 0.17 Acres 29. Area behind 1921 Soren Drive 0.28 Acres 30. 5 feet wide strip on both sides of rocic trail located in the California Bend 0.41 Acres 31. Outlot north of city library in the Deerfield Subdivision 6.60 Acres 34. North side of Highway 30 at the 9111 Street intersection 0.11 Acres 32. Transformation Hill Lots 30, 31, 34, 38, 39, 42 and 57 1.67 Acres 33. Southern Ridge Lots 13, 15, 18 and 20 1.62 Acres Total: 42.95 Acres Areas to be mowed once in May, June and July. Total: 22.38 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 $250.00. C. Certificates of Insurance: Bidder shall provide a copy of certificate of insurance evidencing the coverage required in Paragraph (B) above with their bid and successful bidder annually thereafter. /,a +(����.1 D. 1{.,cu$th ®f Contract: It is the intent of the City of Blair to enter into a contra 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. Mowiva ieokmat- 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. There will be a MAg4atory 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 42.98 Acres $ /Acre Areas to be mowed once in May, June and July Bidowin per acre for the 22.38 Acres $ /Acre g Company Name �+ G-r-e-er\ �' C Bidder'sY Bidder's Company Address �3 cl �C Bidder's Company Phone Number L L14C>2) 5.1--� 2