Loading...
Res 021-2008 2/19/2008 � � �T� �-� /%.� �'� ��.�� RESOLUTION NO. 21-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA TEXAS, APPROVING A CONTRACT WITH LANDSCAPES UNLIMITED FOR THE INSTALLATION OF 17.7 ACRES OF SOD AT WEEKS PARK GOLF COURSE FOR AN AMOUNT NOT TO EXCEED $296,337; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Weeks Park Golf Course has long been the host of the Texas/Oklahoma Junior Golf Tournament; and WHEREAS, Weeks Park was not open for play during the 2007 Texas/Oklahoma Junior Golf Tournament; and WHEREAS, The Texas/Oklahoma Junior Golf Tournament will be at a disadvantage in 2008 if Weeks Park is not available for play due to the planned renovation of the Wichita Falls Country Club; and WHEREAS, The best possible chance of opening Weeks Park for the Texas/Oklahoma Junior Golf Tournament in 2008 requires placing 17.7 acres of sod at a not-to-exceed cost of $296, 337. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . A contract in an amount not to exceed $296,337 with Landscapes Unlimited to place 17.7 acres of sod is hereby approved. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 19 day of February, 2008. MAYOR ATTEST: it Clerk �� I,� � March 5, 2008 Mr. Roy Wilson Assistant Manager, Landscapes Unlimited 1201 Aries Drive Lincoln, NE 68512 Dear Mr. Wilson: On behalf of the Mayor and City Council, I would like to provide formal notice of award of contract for sod placement Weeks Park Golf Course. At their Council meeting on February 19, the City Council approved a Resolution approving the installation of 14.7 acres of TIF 419 sod at a total cost of $231,252.52. The method of arriving at that figure is as follows: • 14.7 acres of sod at $.36 per square foot (which excludes 3 acres for fairway 15 that was included in our original discussions - $230,519.52 • Cost of Performance and Payment Bond - $5,000.00 • Cost of Materials, Equipment and Manpower for installation - $17,000.00 • 6 acres of Sahara seed at 125 lbs./acre - $4,000.00 • Credit for warranty work - ($16,267.00) • Credit for irrigation leaks - ($1,000.00) • Credit for manual operation of the central irrigation system - ($8,000.00� $231,252.52 The sod is to be installed on 16 of the 18 tee-boxes and 7 fairways (holes 10 through 15 and 17). In additional two acres will be placed on the green surrounds throughout the course at the discretion of the Management firm (Eagle Gol� and the Golf Course Architect (Jeff Brauer) and his consultants. You will find attached five original versions of the city's two-page construction contract. Please sign and execute all five originals, and return them to me at the address below. In addition, please provide one original certificate illustrating proof of Performance and Payment Bond, Liability Insurance (with the City of Wichita Falls names as an additional insured), and Workman's Compensation in accordance with State statute. Upon receipt of the five executed contracts, and certificate illustrating Performance Bond, Liability Insurance and Workman's Compensation, the city will bound the contract and fully execute the construction contract. To ensure coordination with other parties, I will schedule a pre-installation meeting with Landscapes Unlimited and other the other parties upon full execution of these documents. If you have any questions, please do not hesitate to contact me at (940) 761-7404 or matt.benoit c�cwftx.net. Sincerely, Matt B Assistant City Manager City of Wichita Falls, TX P.O. Box 1431 Wichita Falls, TX 76301 Enclosure STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT, made and entered into this �day of March, A.D. 2008, by and between the City of Wichita Falls, County of Wichita, State of Texas acting by and through its City Manager, who is duly authorized so to act, hereinafter referred to as the Owner, and Landscapes Unlimited, LLC of the City of Lincoln, County of Lancaster and State of Nebraska; hereinafter referred to as the CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bonds bearing the date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Installation of 14.7 acres of TIF 419 sod at Weeks Park Golf Course, and associated work, in connection therewith, under the terms as stated in the "Additional Terms and Conditions" below and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, eyuipment, tools, superintendent, labor, insurance and other accessories consistent with the "Additional Terms and Conditions" defined below which make up this Agreement. The CONTRACTOR hereby agrees to commence work within fourteen calendar days after the date written notice to do so shall have been given to him and to complete same within the time specified in the "Additional Terms and Conditions" below. In all matters pertaining to the serving of notices; notices to the OWNER shall be considered served if they are delivered to: Matt Benoit Assistant City Manager City of Wichita Falls, TX P.O. Box 1431 Wichita Falls, TX 76301 and; notices to the CONTRACTOR shall be considered served if they are delivered to the address given for the contractor to follow. The OWNER agrees to pay the CONTRACTOR the sum of Two Hundred Thirty-One Thousand Two Hundred Fifty-Two Dollars and 52/100 ($231,252.52) in current funds for the performance of the contract in accordance with the "Additional Terms and Conditions" therefor, subject to additions and deductions, as provided in the "Additional Terms and Conditions" and to make payment on account thereof as provided therein. ADDITIONAL TERMS AND CONDITIONS: • Contractor shall be paid 50% of the total contract value upon completion of mobilization and delivery of all materials. Contractor shall be paid 40% upon completion of sod installation. Contractor shall be paid the remaining 10% upon satisfactory completion of any items identified during a"walk-through" with the owner and his chosen representatives. • Contractor shall ensure completed installation by April 17, 2008; provided, however, that the Contract Time shall be adjusted on a day-for-day basis for any delays in the commencement or progress of the Work not caused by Contractor, including, but not limited, to changes ordered in the Work, labor disputes, fire, unusual delay in deliveries, adverse weather conditions, unavoidable casualties or any other causes beyond the Contractor's control. • Contractor will supply 14.7 acres of TIF 419 sod and place at owner's discretion per the terms of the Notice of Award letter dated March 5, 2008, which is attached hereto and incorporated herein. • Any changes in the work shall be accomplished by written change order based on mutual agreement of the parties as to the scope of work, time for performance and cost of performance. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Wichita Falls, Texas, in the year and day first above written. ty of Wic 'ta Falls (O ER) BY: _ anager A TEST: — -----�, � ��" ( y ��-------�_� City Cler�k 1 Contractor BY: � r� �Gn�v Title: A �Sis� M�i�vAbEt2 A E T. � Secretary Contractor's Complete Address: Landscapes Unlimited, LLC 1201 Aries Drive Lincoln, NE 68512 APPROVED AS TO FORM: / • City Attorney ACOR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/W) 02/27/08 PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION xolmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 omaha, NE 68130 INSURERS AFFORDING COVERAGE INSURED iNSURERn:Zurich American Insurance Com an - NAIC #16535 Landscapes Unlimited of Nebraska, LLC INSURERB:St. Paul Fire & Marine Ina. Co. - NAIC #24767 1201 Aries Drive INSURER C: Lincoln, N$ 68512 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE IIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7YpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERALLIABILITY GL0350381707 O1/O1/08 O1/O1/09 EACH OCCURRENCE $ 1,000,000 X COMMERCIALGENERALLIABILITY FIREDAMAGE(Myonefre) $ 300,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL&ADVINJURY $ 1,000,000 GENER.4LAGGREGATE $2.000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2.000,000 POLICY X PR � X LOC A AUTOMOBILELIABILITY BAP350381607 Ol/O1/08 O1/Ol/09 COMBINED SINGLE LIMIT $ 1, 000, 000 (Ea accitlent) X ANY AUTO ALL OWNEO AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE IIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILI7Y QK05501288 Ol/Ol/08 O1/Ol/09 EACH OCCURRENCE $ 5, 000, 000 X OCCUR � CLAIMS MADE AGGREGATE $ 5, 000, 000 $ DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERSCOMPENSATIONAND WC350381807 O1/O1/08 O1/O1/09 X WCYLAMU- OTH- EMPLOYERS' LIABILITY 1, 000, 000 E.L. EACH ACCIDENT $ E.L.DISEASE-EAEMPLOYE $ 1,000,000 E.L.DISEASE-POLICYLIMIT $ 1,000,000 OTHER A Contractors Bquip. Owned MCP537197202 O1/O1/OB O1/O1/09 $7,965,660 $ 5,000 A Contractore Bquip. LeasedMCP537197202 O1/O1/OB O1/O1/09 1,000,000 s 5,000 A Inatallation Floater MCP537197202 O1/O1/OB O1/O1/09 $1,000,000 s 10,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RB: Weeka Park Golf Course - Wichita Falls, TX. City of Wichita Falls Texas ia an Additional Inaured on the General Liability and Automobile Liability with respect to the operationa of the inaured on the above project. Umbrella followa form on the General Liability and Automobile Liability to the Additional Insureds. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETfER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Wichita Falls Texas DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Mdtt SeROit IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1300 7th Street REPRESENTATIVES. Wichita Falls, TX 76301 AUTHORIZEDREPRESENTATIVE � USA 'CY��y i�iiC� ACORD 25-S (7/97) chenryne O ACORD CORPORATION 1988 8220517 r - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract befinreen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97)