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HomeMy WebLinkAboutNCS000494_Lewisville - Ground Maintenance 2017-2020_20200722TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE Contractor Billing Name and Address: Yards By US 2467 Armstrong Drive Winston-Salem, NC 27103 336-765-4484 office, 336-760-3047 fax 2 Scope of Work: 2.1 The Contractor shall maintain the grass, shrubs, trees, flowering plants, and other vegetation to a standard acceptable to the Town throughout the defined Service Areas. SERVICE AREAS ARE DESCRIBED IN DETAIL IN ATTACHED EXHIBITS AND BID DOCUMENTS WHICH ARE A PART OF THIS CONTRACT. Contractor shall supply an inventory list of all owned equipment and number of employees that will be used to accomplish Grounds Maintenance. Evidence of ownership of equipment and sufficient employees is a condition of this contract. 2.2 The Contractor shall provide Pest, Weed, and Disease Control throughout the Service Areas in a manner acceptable to the Town and within the guidelines or regulations that have been established by the appropriate agencies regulating the use of chemicals for these purposes. 2.3 The Contractor shall perform periodic Mulching of designated Mulched areas to ensure the appropriate appearance of these areas and to provide the appropriate benefits to the plant life environment of these areas, 2.4 Specific 2.4.1 Mowing, The Contractor shall Mow grass areas on a periodic basis as directed by the Town staff (currently once weekly during the mowing season). Mowing shall be accomplished in a manner as to preclude grass clipping from being tracked into buildings and the clippings are not to be left in travel ways or walk ways. Grass shall not be clipped shorter than is appropriate for the predominate type of grass in the Service Area and for the weather conditions as they pertain to current soil moisture content and the immediate expectation of rainfall. All mowing shall be accomplished in the same day. 2.4.2 Clipping and Edging. Clipping and Edging pertains to High Intensity and Medium Intensity Maintenance Service Areas only. Each time the grass in the applicable Service Area is Mowed the need for Edging shall be evaluated. If Edging Is required the edges shall be trimmed to meet the standard for the appropriate level of maintenance. 24.3 Trimming, The Trimming of trees and shrubs shall be accomplished by the Contractor on a basis of need and sound tree and shrub maintenance practices generally acceptable to the region and the species of plants being trimmed. 2.4.4 Weed Control. The Contractor shall take the necessary actions to control weeds in the Service Areas where weeds are undesirable. Weed Control includes, but is not limited to; [,I] pulling weeds from Service Areas by manual or mechanical means; [2] application of Weed Control chemicals to control weeds by area coverage or spot coverage; or [3] a combination of these and other measures. 2.4.5 Pest Control, The Contractor shall take the necessary actions to control or prevent damage to desirable plant life caused by pests. Pest Controls will generally take the form of appropriate .chemical application In both preventative and corrective postures. 2A.6 Disease Control, The Contractor shall take the necessary actions to control the spread of plant disease, eradicate plant diseases discovered in the Service Area, and/or prevent introduction of plant diseases known to be present in the geographic region. Disease Control may take on many forms but is expected to be through the use of good gardening procedures and the appropriate application of the acceptable chemicals or other substances known to control the spread or plant diseases. Page 1 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE 2.4.7 Mulching, The Contractor shall provide and apply the appropriate Mulching materials as needed to promote good plant health and protection from harsh environmental elements (three times yearly at Towns direction). 2.4.8 Soil Treatment, The Contractor shall accept the current testing performed by the North Carolina Department of Agriculture for Town of Lewisville as their semi-annual test. The Contractor shall apply the appropriate supplemental nutrients as indicated by these soil tests. The appropriate supplemental nutrients shall be in the form of fertilizers, minerals, and other materials as may be appropriate for the Service Areas of Shallowford Square, Town Hall and the Community Center. 2.4.9 Watering, The Contractor shall monitor soil moisture content and weather conditions to determine the need to water plants/grass. The Contractor may collect water from the Town Hall, Community Center, or Shallowford Square to water off site locations. Contractor shall supply manpower and equipment to water sites as necessary to sustain viable healthy plant life, 2.5 Permits, Licenses and Taxes 2.5.1 The contractor shall obtain and assume the cost of all licenses and permits (other than the license and permit granted by the contract) and promptly pay all taxes required by the Town. 2.5.2 The contractor shall possess and maintain a current North Carolina Department of Agriculture Pesticide Applicator License (Ground Application) and provide a copy of same to the Town 2.6 Performance Review 2.6A Throughout the term of this Contract there will be decision points for both the Contractor and the Town. The basis for some of these decision points will be the performance quality of the Contractor, as evaluated by the Town. The Town shall conduct continuous and periodic Performance Reviews and evaluations of the Contractor's performance in meeting the requirements of this Contract. 3 Independent Contractor: 3 A The Contractor agrees that he/she is an Independent Contractor not under the control or supervision of the Town and therefor not eligible for Worker's Compensation or other Town Employee benefits. The Contractor does not make this agreement under any duress. 4 Insurance: 4.1 The Contractor shall maintain in full force and effect throughout the term of this Contract and throughout any extension or renewal thereof the following types of insurance in at least the limits specified below: 4.1.1 Workmen's Compensation at or above the Statutory Minimum, 4.1.2 Employer's Liability at or above $500,000 (Five hundred thousand dollars), 4.13 General Liability at or above $1,000,000 (One million dollars). 4.1.4 Automobile Liability Combined Single Limit at or above $1,000,000 (One million dollars). 4.1.5 Products/Completed Operations (Each Occurrence/Aggregate) $2,000,000 /$2,000,000 (Two million dollars). 4.1.6 Excess Umbrella Liability is not required. 4.2 Employer's Liability Coverage will be required of the Contractor and any sub -Contractor where any class of employee engaged in work under this Contract is not protected under the Workmen's Compensation Statute, 4.3 All insurance will be by insurers acceptable to the Town and authorized to do business in the State of North Carolina. Prior to the commencement of work the Contractor shall furnish the Town with certificates of insurance or other satisfactory evidence that such insurance has been produced and in force. Said policies shall not thereafter be cancelled, permitted to expire, or be changed without thirty (30) days advance written notice to the Town. 4.4 To the extent permitted by law, all or any part of required insurance coverage(s) may be provided under a plan of self-insurance (acceptable to the Town in its reasonable discretion). Page 2 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE 5 In em it : 5.1 The Contractor will indemnify and save harmless the Town, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from a willful or negligent act or omission of the Contractor, Its officers, agents, servants and employees in the performance of this Contract; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of the award of this Agreement or a willful or negligent act or omission of the Town, its officers, agents, servants and employees. Scope of Contract: 6.1 Effective Date - This Contract shall become effective on the day of execution. Contractor shall begin the specified work as set out by this agreement upon execution. 6.2 Term - The term of this contract shall start on July 1, 2017 and end on June 30, 2020. 6.3 Contract Extension - The parties agree that by mutual consent, each expressed in writing and received at least ninety(90) days before the termination contract period, that this Contract may be extended for an additional year upon terms and conditions mutually agreed upon by both parties in writing. 6A Exclusive Right - The Town, as grantor, does not grant the Contractor, as grantee, the exclusive right during the term of this Contract to be the Town's Contractor for Grounds Maintenance. 6.5 Compliance with Applicable Laws - The parties to this Contract agree that the laws of the State of North Carolina shall govern the validity, construction, interpretation, and effect of this contract. The Contractor shall conduct the specified renovation as provided for by this Contract in compliance with all applicable federal, state and local regulations and laws including the OSHA standards set and enforced by the Department of Labor, This Contract and the work to be done as described herein is also subject to the provisions of all pertinent municipal ordinances which are hereby made a part hereof with the same force and effect as if specifically set out herein. 6.6 Bankruptcy - "Insolvent" for the purposes of this clause shall mean the party's inability to pay its debts as they mature. 6,6.1 The party's insolvency, or voluntary or involuntary bankruptcy, shall not constitute prospective unwillingness and/or inability to perform nor a repudiation of this agreement unless the party fails to give a timely and adequate assurance of Its ability to perform, Until such assurances are received, the demanding party may suspend, if commercially reasonable, any performance due upon its part unless already paid for. If a party is unable to give adequate assurance, the other party may terminate the Contact with ten (10) days written notice. Assumption of this Contract by a bankrupt debtor's trustee shall initially give rise only to a reasonable sense of insecurity and shall not operate as an automatic repudiation, prospective unwillingness to perform, or a breach of the Contract where the Contractor is in the process of voluntary or involuntary bankruptcy. 6.6.2 The Town shall not be bound to the contract by an insolvent Contractor's trustee or receiver. 6.6.3 In the event of the Contractor's bankruptcy, the Town will have the same remedies as provided for Breach of Contract. 6.7 Breach of Contract - If the Contractor fails to comply with applicable Federal, State, or Local Laws or regulations the Contractor will be in default and the Town may immediately terminate the Contract without notice. The Town may seek any or all remedies available at law or in equity. If the Contractor fails to perform, or fails to perform in a satisfactory manner, or to perform in accordance with applicable ordinances, its obligations hereunder, the Town shall have the right to demand in writing adequate assurance from the Contractor that steps have been or are being taken to rectify the situation. Within ten (10) days of receipt of such demand, the Contractor must return to the Town a written statement that explains reasons for non- performance, or delayed, partial or substandard performance during that period and any continuation thereof, Upon receipt of the Contractor's statement or the failure of the Contractor to submit one, the Town may, except under conditions of Force Mgjeure, terminate this Contract and, shall have any and all remedies available at law Page 3 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE or in equity. 6.8 Force Majeure - 6.8.1 Neither the Contractor nor the Town shall be liable for the failure to perform their duties nor for any resultant damage, loss, etc., if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fine, accident, act of God or other similar contingency beyond the reasonable control of the Contractor or Town. 6.8.2 If such circumstances persist for more than ten (10) days or if after their cessation the Contractor Is unable to render full or substantial performance for a period of ten (10) days, he or the Town may terminate this Contract upon giving not less than twenty (20) days written notice to the Town. 6.9 Arbitration and Award - Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association by arbitration in Forsyth County, North Carolina. Judgement upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. 6.10 Assignment of Contract - No assignment of this Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor, directly or Indirectly by sale of stock of the Contractor to an entity unrelated to the Contractor, or other device, without the express written consent of the Town, which consent shall not be unreasonably withheld. The delegation of any Contract duties will require the written consent of the Surety as such a delegation will not relieve the Contractor or his Surety of any liability and/or obligation to perform. In the event of any delegation of duty, the delegate shall assume full responsibility and liability for performance of that duty without affecting the Contractor's liability. 6.11 Change of Ownership - In the event that the Contractor's business assets are sold, without the written consent of the Town, the 'Town maintains the right, to terminate this agreement and, to hold the original owner solely liable. If, however, the Town determines, in its sole discretion, that the new ownership can adequately and faithfully render the services called for in this Contract for the remaining term of the Contract, then the Town may elect to execute a novation, allowing the new ownership to assume the rights and duties of this Contract and releasing the previous ownership of all obligation and liability, The new ownership would then be solely liable for any work and/or claims attendant to this agreement. 6,12 Waivers: 6.12.1 A waiver by either party of any breach of any provisions hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of detective performance. 6.12.2 Where the condition to be waived is a material part of the Contract such that Its waiver would affect the essential bargains of the parties, the waiver must be supported by consideration and take the form of a Contract modification as provided for elsewhere in this section. 6.13 Illegal and Invalid Provisions - Should any term, provision or other part of this Contract be declared illegal it shall be excised and modified to conform to the appropriate laws or regulations, Should any term, provision or other part of this contract be held to be inoperative, invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with applicable laws or regulations. In both cases of illegal and invalid provisions, the remainder of the Contract shall not be affected but shall remain in full force and effect. 6.14 Joint and Several Liability - If the Contractor is comprised of more than one individual, corporation or other entity, each of the entities comprising the Contractor shall bejointly and severally liable, 6.15 Binding Effect - The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representative, successors, and assigns. 6.16 Amendment of the Contract - No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty under this Contract. A signed original is to be fastened to the original Contract with signed copies retained by all the parties. 6.17 Merger Clause: Previous Agreements Suspended - This agreement constitutes the final and complete agreement and understanding between the parties, All prior and contemporaneous agreements and understandings, whether oral or written, are to be without effect in the construction of any provision or term of this Contract if they alter, Page 4 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE vary or contradict this agreement. 7 Safety of Workers and Accident ftxoosure: 7.1 The Contractor is expected to comply with OSHA standards as they may apply to the Contractor's execution of the requirements of this Contract, 7.2 The Contractor shall provide to the town a copy of employee safety policies and procedures. 7.3 The Contractor's employee safety policies and procedures must provide for adequate protection of all employees performing duties as a part of this Contract and adequate safety of other individuals at or near the work area. 7.4 The Contractor shall conduct its own "frequent" and "regular" inspections at thejob site for compliance with its safety program and pertinent OSHA regulations. 7.5 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors strictly adhere to all safety standards, rules, and OSHA regulations pertinent to the type of work being performed. 7.6 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors develop a safety program for work covered by the subcontract. T7 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors conduct their own "frequent" and "regular" inspections at the job site for compliance with its safety program and all pertinent OSHA regulations. 7.8 The Contractor shall include the following statement in subcontracts: "Subcontractor shall, at its own expense, strictly adhere to all pertinent safety standards, rules and OSHA regulations required or recommended by governmental or quasi -governmental authorities having jurisdiction. The Subcontractor hereby acknowledges that it has its own safety program for all work covered by or performed under this Subcontract. The Subcontractor agrees to conduct its own frequent and regular inspections of all work covered by or performed under this Subcontract at the project site to verify compliance with the Subcontractor's safety program and all applicable safety standards, rules and OSHA regulations. The Subcontractor and Contractor acknowledge and agree that the Contractor has no control, responsibility or authority over the Subcontractor or the Subcontractor's employees or subcontractors with regard to the safety and health conditions relating to or arising out of the Subcontractor's work or the performance of any work covered by this Subcontract. The Subcontractor has the sole responsibility and authority for ensuring that any and all hazardous conditions relating to or arising out of the Subcontractor's work are corrected. With regard to the Subcontractor's work or any work covered by or performed under this Subcontract, the Contractor is not the controlling employer or controlling entity for the purpose of detecting hazardous conditions or ensuring that hazardous conditions are corrected." 8 Nondiscrimination: 8.1 Neither the Contractor nor any sub -Contractor nor any Person(s) acting on his behalf shall discriminate against any person because of race, sex, age, creed, color, religion, national origin, or disability, 9 Warranty: 9.1 The Contractor shall warranty all workmanship and materials for up to one year after completion of the project. 9.2 Contractor warrants that the work will be performed in accordance with generally accepted standards associated with the particular professional discipline involved, as practiced by members of such discipline in the same Page 5 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE locality, under similar conditions, and as of the time the work is performed. 9.3 Any materials, equipment, or workmanship discovered to be inferior or fails to perform as reasonably expected shall be repaired or replaced by the Contractor, at the Contractor's expense, within thirty (30) days of being notified of such discovery. 10 E-Verify 10.1 The provider and its subcontractors shall comply with Article 2 of Chapter 64 of the North Carolina General Statutes relating to the required use of the federal E-Verify program to verify the work authorization of new hired employees. Failure of the provider to comply with this provision or failure of its subcontractors to comply could render this contract void under North Carolina law. It is the expectation of The Town of Lewisville that the provider will comply with all applicable federal immigration laws in its hiring and contracting practices relating to the services covered by this contract involving Town funds. 11 Contractor's Proposal: 1 LI Contractor proposes to accomplish all work described in the Scope of Work for a period of 3 (three) years for SERVICE AREA 1, for a total not to exceed $37,430.00 (Thirty-seven thousand four hundred thirty and 00/100), SERVICE AREA 2, for a total not to exceed $1,300,00 (One thousand three hundred and 00/100), and SERVICE AREA 3, for a total not to exceed $600.00 (Six hundred and 00/100) SERVICE AREA 4 TO BE BILLED MONTHLY AS SERVICE IS REQUIRED AT THE HOURLY RATE OF $45.00 PER HOUR. SERVICE AREA 5 TO BE BILLED MONTEILY AS SERVICE IS REQUIRED AT THE HOURLY RATE OF 545.00 PER HO TTR. EXTRA SERVICES TO BE BILLED AT THE HOURLY RATE OF $40.00 PER7TOtfl( 11.2 After an inspection and a determination of satisfactory completion of work described in the Scope of Work for a period of 3 (three) years for SERVICE AREA 1, within in the term as described In the Scope of the Contract, the Town will pay the contractor per monthly invoice, 12 (Twelve) equal payments yearly of $2,990,00, which shall indicate the date, location and time of services performed and amounts of payment requested. The total Page 6 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE invoices for this contract will not exceed a total of $37,430.00 (Thirty-seven thousand four hundred thirty and 00/100), SERVICE AREA 2, for a total not to exceed $1,300.00 (One thousand three hundred and 00/100), and SERVICE AREA 3, for a total not to exceed $600.00 (Six hundred and 00/100). SERVICE AREA 4 TO BE BILLED MONTHLY AS SERVICE IS REQUIRED AT THE HOURLY RATE OF $45.00 PER HOUR, SERVICE AREA 5 TO BE BILLED MONTIILY AS SERVICE IS REQUIRED AT THE HOURLY RATE OF $45.00 PER HOUR. EXTRA SERVICES TO BE BILLED AT TIIE IIOURLY RATE OF $40.00 PER HOUR AS REQUESTED. 12 Notice: 111 A letter properly addressed and sent by mail, certified mail, or registered mail to any party at the addresses provided below shall constitute sufficient notice whenever written notice is required for any purpose of this agreement. Notice will be considered sent either when received at the appropriate address or deposited in the United States mail. 12,1.1 Address for notices to the Town: Town of Lewisville Attention: Town Manager Post Office Box 547 Lewisville, North Carolina 27023 Telephone: 945-5558 12.1.2 Address for notices to Contractor: Yards By US 2467 Armstrong Drive Winston-Salem, NC 27103 336-765-4484 office, 336-760.3047 fax Name of Counterparty: L 4' "' 1�lr Signature D to William H. Perkins Jr., Tot Manager q#,,j,s 64 7 Signature Date Federal Tax Identification Number This instrument has been preaudited in the manner required by the Local Government VZdget and Fiscal Control Act. &4 i " G `IS'-l7 Pam Orrell, Finance Officer IRAN DIVESTMENT ACT CERTIFICATION Page 7 of 30 Jun 281706:25a Yards By Us 3367603047 p.2 JUN,27/2017/TUE 02:19 PM RX No, P, 0(i^ i I TOWN OF LEWISVILLE CONTRACT 2017 — 2020 GROUNDS MAINTENANCE IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N,C.G.S, 1474659 As of the date IisteA below, the entity listed above is not listed on the Final Divestment List created by the State Treasuw pursuant to N.C.GS. 147-86.5 L. The undersigned hereby certifies that he or she is authorized by the entity listed above to make the foregoing statement, i i Signature Dato tp PrintedName�2eMu�—� Title oc-*-�N I Page 8 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE Town of Lewisville Landscape Maintenance Contract General Specifications 1. GENERAL CONDITIONS CONTRACT PERIOD The initial term ol'performance of this maintenance contract will be for a period of thirty-six (36) months beginning on July 1, 2017 and ending on June 30, 2020, Upon mutual agreement between the Town and the Contractor, the contract may be extended for additional periods of one (1) year. All changes in the terms and conditions of this contract must be confirmed in the form of a written amendment, which is to be approved by the Town Manager, A. The Contractor shall furnish all supplies and equipment necessary to perform the services required by this contract. B. The Contractor agrees not to use any materials or equipment for the work under this agreement that does not meet the necessary requirements for the public safety and the safety of the Town of Lewisville employees and citizens. C. The work shall be performed so as to minimize inconvenience to the Town. Throughout the duration of the agreement, the Contractor shall maintain access to the work areas as required by the Town, unless prior written approval is otherwise obtained in advance. The Contractor shall provide signs, and warning devices as needed to ensure safe passage for pedestrian and vehicular traffic at all times. D. The Contractor shall make necessary provision to protect all work areas and shall be responsible for full restoration of any damages and costs of restoration to the work areas. All damages to the work areas, incidental to the performance of the work described in the entire documents shall be repaired or replaced by the Contractor. E. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of; relating to, or resulting from this work. F. The Contractor shall at all times, keep the premises free from accumulations of waste materials or rubbish caused by his/her employees at work, and at the completion of the Agreement. Contractor shall remove all supplies and/or materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. G. Final payment on the Agreement amount will be made only after final inspection and acceptance of all work to be performed by the Contractor. Page 9 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE SCOPE OF CONTRACT The contractor will provide complete landscape and grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep the contracted areas properly maintained (see attached exhibits and maps). The 5 Contracted areas shall be: AREA 1 MUNICIPAL GROUNDS AND RIGHT-OF-WAYS Exhibit 1 Town Hall Annex Site Exhibit 2 Community Center Site Exhibit 3 Shallowford Square Site Exhibit US 421 & Williams Road Exhibit 5 6611 Shallowford Road Exhibit 6 Traffic Circles Exhibit 7 Town Hall Exhibit 8 Lucy Lane Median Exhibit Jennings Road Exhibit 10 Jack Warren Park Site Exhibit 1 I Lewisville-Clemmons Rd. Sidewalk - Between Jack Warren Park and Brockway West Dr. Exhibit 12 Sidewalk Spraying - bi-weekly Shallowford Road Great Wagon Road (Square) Great Wagon Road (behind mill) Lewisville-Clemmons Road Lewisville -Vienna Road Arrow Leaf Drive Lucy Lane Exhibit 13 6665 Shallowford Road The Contractor shall maintain the grass, shrubs, trees, flowering plants, and other vegetation to a standard acceptable to the Town throughout the defined Service Area. Contractor shall supply an inventory list of all owned equipment and number of employees that will be used to accomplish Grounds Maintenance. Evidence of ownership of equipment and sufficient employees is a condition of this contract. Attached exhibits are a part of this contract. The Contractor shall provide Pest, Weed, and Disease Control throughout the Service Area in a manner acceptable to the Town and within the guidelines or regulations that have been established by the appropriate agencies regulating the use of chemicals for these purposes. The Contractor shall perform periodic Mulching of designated Mulched areas to ensure the appropriate appearance of these areas and to provide the appropriate benefits to the plant life environment of these areas, The tasks must be accomplished during the specified times at each of the listed areas. A Town representative will inspect the premises on a routine basis to ascertain whether the services are being provided properly, The contractor shall maintain and keep current a weekly service report Page 10 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE form that records all maintenance functions performed by the contractor's personnel. This form will be submitted weekly to a Town representative by email. This report will be used to verify work completed and to coordinate invoices. Specific A. Mowing. The Contractor shall Mow grass areas on a periodic basis as directed by the Town staff (currently once weekly during the mowing season), Before each mowing the Contractor shall remove all debris and litter from the maintained areas. Mowing shall be performed in a manner consistent with landscape maintenance industry standards that ensures smooth surface appearance without scalping or leaving any missed uncut grass. Excess grass clippings should be evenly distributed over the turf. All mowing equipment shall be adjusted to proper height and blades shall be adequately sharpened, Mowing will be done carefully so as not to damage bark of trees, shrubs or other desirable plants. Mowing shall be done at a safe speed as not to rut turf areas. Sharp turns should be limited to need only situations and never at speeds that result in rutting of soil to prevent erosion. Ruts made by contractor deemed excessive shall be repaired by contractor at contractor expense. Mowing will not be done when weather or conditions will result in damaged turf, uneven cutting, or rutting grounds. Mowing shall be accomplished in a manner as to preclude grass clipping from being tracked into buildings and the clippings are not to be left in travel ways or walk ways. Grass shall not be clipped shorter than is appropriate for the predominate type of grass In the Service Area and for the weather conditions as they pertain to current soil moisture content and the immediate expectation of rainfall. All mowing shall be accomplished in the same day. B. Clipping and Edging. Clipping and Edging pertains to Ifigh Intensity and Medium Intensity Maintenance Service Areas only, Each time the grass in the applicable Service Area is Mowed the need for Edging shall be evaluated. If Edging is required the edges shall be trimmed to meet the standard for the appropriate level of maintenance. Grass shall be trimmed during or as an immediate operation following mowing. Trimming may be accomplished by hand-held powered shears or rotary nylon "string" cutting machines. Grass will be trimmed at the same height as adjacent turf is mowed, and as needed to remove all grass blades from around all obstacles and vertical surfaces in the turf such as sign posts, light poles, trees, walls, cement curbs and medians. Contractor shall use special care when trimming around trees to avoid damage to bark surface and/or the living cambium layer beneath. Trimming around fire hydrants is mandatory on all rights -of -way maintained by the contractor. Areas around fire hydrants shall be cleared sufficient to connect fire hoses. Grass clippings or debris caused by mowing, weed eating or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. Nothing shall be allowed to stay in the vicinity of a storm water inlet/catch basin(s) nor be allowed to enter into any body of water. Failure to follow these requirements may result in termination of the contract. C. Trimming. The Trimming of trees and shrubs shall be accomplished by the Contractor on a basis of need and sound tree and shrub maintenance practices generally acceptable to the region and the species of plants being trimmed. D. Weed Control, The Contractor shall take the necessary actions to control weeds in the Service Areas where weeds are undesirable. Weed Control includes, but is not limited to; [1] pulling weeds from Service Areas by manual or mechanical means; [2] application of Weed Control chemicals to control weeds by area coverage or spot coverage; or [3] a combination of these and other measures. E, Pest Control, The Contractor shall take the necessary actions to control or prevent damage to desirable plant life caused by pests, Pest Controls will generally take the form of appropriate chemical application in both preventative and corrective postures, R Disease Control, The Contractor shall take the necessary actions to control the spread of plant disease, eradicate plant diseases discovered in the Service Area, and/or prevent introduction of plant diseases known to be present in the geographic region. Disease Control may take on many forms but is expected to be through the use of good gardening procedures and the appropriate application of the acceptable chemicals or other substances known to control the spread or plant diseases, G. Mulching, The Contractor shall provide and apply the appropriate Mulching materials as needed to promote good plant health and protection from harsh environmental elements (three times yearly at Towns direction). Page 11 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE Mulch will be placed in perennial beds, around trees and shrubs to a minimum depth of three (3) inches and no more than four (4) inch depth after settling has occurred. The type of mulch used is determined by the Town's Maintenance Technician. No mulch can remain on hard surface or in the gutter or street. All mulched areas and concrete island areas should be kept weed free at all times, 11, Soil `Treatment. The Contractor shall accept the current testing performed by the North Carolina Department of Agriculture for Town of Lewisville as their annual test . The Contractor shall apply the appropriate supplemental nutrients as indicated by these soil tests. The appropriate supplemental nutrients shall be in the form of fertilizers, minerals, and other materials as may be appropriate for the Service Areas of Shallowford Square, Jack Warren Park, Town Hall Annex, Town Hall and the Community Center. f, Watering. The Contractor shall monitor soil moisture content and weather conditions to determine the need to water plants/grass. The Contractor may collect water from the Town Hall, Community Center, or Shallowford Square to water off site locations. Contractor shall supply manpower and equipment to water sites as necessary to sustain viable healthy plant life, Litter and Debris Removal A. Litter and any other debris should be removed by the contractor on an as needed basis. Litter and debris is defined as objects that are unsightly or present obstacles to mowing and other grounds maintenance operations including but not limited to, rocks in turf areas, wind and storm damage items; paper, glass, trash, or debris deposited or blown onto the sites, metal, auto parts, tires, parts of tires and any material illegally dumped on the roadways; and tree limbs; are to be removed to the extent of right of way. The Contractor is responsible for all dump fees associated with debris removal. B. Leaf buildup shall be removed by the contractor on a regular basis. For heavy accumulation, such as seasonal buildup in the fall the contractor will be expected to remove leaves in a reasonable period of time so as not to damage turf or prevent water flow into gutters, The contractor shall continue leaf removal until all leaves are removed. This includes all areas that are maintained where leaves continue to collect during the winter months. The leaves are to be removed not deposited in ditches or tree line areas. C, Litter and debris removal frequencies: At a minimum of every two weeks or as needed. The Contractor shall inspect the areas involved and become aware of the existing conditions and the extent of the work to be performed. The areas are listed above and on the Contractor Bid Form for mowing maintenance services. Permits Licenses and Taxes A. The contractor shall obtain and assume the cost of all licenses and permits (other than the license and permit granted by the contract) and promptly pay all taxes required by the Town. B. The contractor shall possess and maintain a current North Carolina Department of Agriculture Pesticide Applicator License (Ground Application) and provide a copy of same to the Town. Page 12 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE AREA 2 WILLOW RUN MUNICIPAL SERVICE DISTRICT — DAM MOWING A. The Contractor shall by bush -hogging, weed -eating or brush mowing, clear the Desmond, Falmouth, Marblehead and Harwich dams of overgrown vegetation to the ground three times per year: May, July and October as directed by the Town's Public Works Director or designee, B. Contractor shall fertilize, lime and overseed dams with creeping red fescue and tall fescue each fall. AREA 3 WILLOW RUN MUNICIPAL SERVICE DISTRICT— GUARDRAIL MOWING The Contractor shall mow and trim Lake Marblehead Dam (on lake side) and Lake Falmouth, Lake Desmond, Lake Harwich and Lake Marblehead guardrail areas 8 (eight) times during the fiscal year (July 1 through June 30) as directed by the Town's Public Works Director or designee. AREA 4 RIGHT-OF-WAY MOWING & TREE TRIMMING The Contractor shall bush -hog or use a flail mower to out down grass, small shrubs, small trees, flowering plants, and other vegetation that may be growing in, on, or over Town of Lewisville Right -of -Ways, Contractor shall cut vegetation to the ground no less than 18 feet from edge of pavement where ground conditions permit. Contractor at the request of the Town shall saw cut and remove tree limbs which may be growing in, on, or over the Right - of Ways. Service areas will be identified and a list provided to the contractor as service is required. AREA 5 UNKEPT LOT MOWING The Contractor shall bush -hog or finish mow unkept lots when notified by the Town. Contractor shall cut grass or vegetation to the ground or as close as possible. Specific lots will be identified and a list provided to contractor as service is required. CHANGES IN SCOPE OF WORK The Town may at any time change the scope of work in the contract by written notice to the Contractor, giving therein a date upon which the change shall become effective. On such effective date the Contractor shall make the required changes in operations. Upon receipt of a change notice, the Contractor shall submit to the Toom's Public Works Director an estimate of the change in working hours or increase in cost resulting from said change. The Town shall then provide notice to the Contractor that it consents to the change in scope and increase in costs or that it has determined not to change the scope of work whereby the contract price would remain the same or the parties may negotiate any such changes. Subcontracting any part or the entire contract is not permitted. INSPECTION AND WORK CONFERENCE The Contractor shall accompany an appointed representative of the Town on special inspections Page 13 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE of the work at any time during business hours of the Town. The Town reserves the right to make determinations as to whether service is being performed satisfactorily. The Contractor will meet with the appointed Town representatives for a conference and tour to evaluate the performance of the contract as needed. COMPLAINTS AND RESPONSES The Contractor shall correct all complaints and supply requests for services within a 24-hour time period, or sooner as deemed necessary by the Town representative. All complaints, both major and minor, shall be investigated by the Contractor during the same working day, when feasible. Any complaint which cannot be corrected during the some working day or which cannot be dealt with because of reasons beyond the Contractor's control shall be specifically reported to the Town representative. The Town reserves the right to deduct fees from the monthly payment for deficient work, work not performed, and work which is not satisfactorily corrected within a reasonable period. Should the Town choose to deduct part of the monthly fee; the Contractor will be notified of the reason for, and the amount of the deduction in writing. Written notice of any deduction will be faxed, emailed or mailed to the Contractor within three days of the incident. Deductions for poor service or services which have been omitted will be determined by the Town representative and will be based on the impact the omission or poor quality service has on the area and the frequency of such. Upon written notice, uncorrected complaints, if considered reasonable by the Town representative, shall be cause for any and all of the following actions by the Town's Public Works Director; A, To obtain the services from within its own staff or from another source without prior notice to the Contractor. Costs for these services will be charged to the Contractor and deducted from its next pay request. B. To cancel the contract as outlined in this contract. BILLING AND PAYMENT The Contractor shall submit a monthly invoice for each service area to the Town for work performed under this contract with the exception of area 1 which shall be divided into 12 equal payments to be paid monthly after inspection of service. TERMINATION The Town may terminate this contract at any time by reason of unsatisfactory performance or other default of the Contractor upon thirty (30) days prior written notice by the Contract Coordinator. Unsatisfactory performance by the contractor shall be defined as, frequent and systematic violations of the terms of the contract, such as failure to perform all tasks as described, and failure to resolve deficiencies in a timely manner after notification. Such cancellation notice shall be made by certified mail (return receipt requested) and either received or refused at the office of the Contractor. Upon cancellation, the Contractor's payment for services performed shall be held for a period not to exceed sixty (60) days. During this period, the Town's Public Works Director or Designee will assess any costs or damages due the Town. The Contractor will be liable for any damages due and for excess costs of obtaining the services for the balance of the original contract period. The Town may suspend or terminate the contract without notice for serious safety and/or security violations. The Contractor may terminate this contract with thirty (30) days written prior notice. Such cancellation notice shall be made by certified mail to the Contract Coordinator. In the event the Page 14 of 30 TOWN OF LEWISVILLE CONTRACT 2017 -2020 GROUNDS MAINTENANCE Contractor terminates this Agreement, the expenses, which the Town incurs as a result of securing a new contract, shall be deducted from any payments owed to the Contractor by the Town. The Contractor will be required to provide to the Town, upon termination, an executed release of lien before final payment is processed. LIABILITY The Contractor shall assume liability of damage or loss resulting from the wrongful act(s) and/or negligence of its employees while they are on Town -owned premises. The Contractor or his insurer shall reimburse the Town for any such damage or loss within thirty (30) days after a claim is submitted. PLACE OF BUSINESS The Contractor will maintain a 24-hour telephone answering service and provide contact within one hour by a responsible management official of the firm on a 24 hour -a -day, seven day -a -week basis. Contractor shall be available by cell phone and have a functioning email address during all times of this contract where the Public Works Director or designee can communicate with the Contractor. The Contractor shall email the Contract Coordinator a minimum of once weekly to coordinate any service concerns and shall be available for area inspections with the Town representative at least monthly. If, as a result of the Contractor's failure to comply with this provision, the Town is required to engage Town personnel or other outside contractors to complete work which would have been required of the Contractor under this contract, the Contractor shall have deducted from the next invoice, payment of the entire cost of such substitute services (for instance by reason of Contractor's employees failure to show up for work). SECURITY Any problems occurring on the premises which are reported to the police are also to be reported to the Public Works Director. Only the Contractor's employees (no friends, family members, etc.) are permitted on site when services are performed. CONTRACTOR'S PERSONNEL A, Upon request, Contractor must supply the Town with a list of employees and/or supervisors to be used in performing services in the areas maintained. Also phone numbers for contract persons including all supervisors and owners. B. Contractor staff shall be in uniform or easily identifiable at all times during performance of this contract. a. Shirts shall be uniform in appearance. T-shirts shall be acceptable. b. Shirts shall have business identification such as logo or business name. c. Tattered cut-offs for shirts or pants shall be unacceptable. C. Contractor shall provide visible business identification on contractor's vehicles, GENERAL SUPERVISON OF EMPLOYEES The Contractor agrees to be responsible for and shall provide general supervision of all of its employees working under this contract. The Contractor shall ascertain that all of its employees abide by the following rules: Page 15 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE A. They shall be of good integrity and character. B, They will not be employees of the Town of Lewisville, or former employees of the Town of Lewisville who were terminated for cause. C. They will have no convictions for violent crimes (homicide, rape, robbery, assault, sexual offense, etc.) or property crimes (burglary, larceny, shoplifting, etc.) for the last ten years. D, They shall report any property loss or damage to their Supervisor immediately, The Supervisor shall report in writing, such damage to the Town's Public Works Director within 24 hours. Written notice of the incident will be faxed, emailed or provided in hardeopy, specifying the location and extent of the damage. Failure to report such damage, as required, may be construed as default of the contract. L. They shall not engage in Idle or unnecessary conversation with Town employees or patrons of the Town. F. Upon written request of the Contract Coordinator to the Contractor, any Contractor's employees who fail to abide by these or other rules established by the Coordinator will be immediately pulled off thejob and replaced. EOUIPM ,N'I' AND SUPPLIES The Contractor shall provide all equipment and supplies (adequate in kind, quantity and quality) for professionally performing these services in a manner that is satisfactory to the Town's Public Works Director. All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The contractor shall also supply a copy of all SDS sheets to the Town's Public Works Director, PERFORMANCE OF EXTRA SERVICES The Contractor shall, upon written or oral request from the Town, perform extra services. The Contractor shall be entitled to charge for such services at the agreed hourly rate. Requests for payment for additional services shall be submitted no later than the next regular monthly invoice and should be specifically identified as services rendered over and above contract provisions. Snow and or ice removal is considered an extra service. Page 16 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE 2016 - 2017 GROUNDS MAINTENANCE EXHIBITS Exhibit I Town hall Annex Site Exhibit 2 Community Center Site Exhibit 3 Shallowford Square Site Exhibit US 421 & Williams Road Exhibit 5 6611 Shallowford Road Exhibit 6 'Traffic Circles Exhibit 7 Town Hall Exhibit 8 Lucy Lane Median Exhibit Jennings Road Exhibit 10 Jack Warren Park Site Exhibit 11 Lewisville-Clemmons Rd. Sidewalk - Between Jack Warren Park and Brockway West Dr., Lewisville -Vienna Rd. Sidewalk between Tullyries Ln. and Riverwood Dr. Exhibit 12 Sidewalk Spraying - bi-weekly Shallowford Road Great Wagon Road (Square) Great Wagon Road (behind mill) Lewisville-Clemmons Road Lewisville -Vienna Road Arrow Leaf Drive Lucy Lane Exhibit 13 6665 Shallowford Road Page 17 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 1 -TOWN IIALL ANNEX SITE The Town Hall Annex is located at 6550 Shallowford Road. The site has approximately 77,150 square feet of grounds to be maintained. MAINTENANCE OF THE NISSEN HOUSE LOT IS NOT INCLUDED IN THIS CONTRACT Turf Areas: The Contractor shall maintain the grass areas by mowing and trimming weekly as necessary during the growing season. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable In the profession. These applications shall generally be broadleaf weed control annually, fertilizer with pre -emergent each spring, and slow -release fertilizer twice annually, Plug and over -seed once annually in the fall. Leaf removal as needed. Trim bank area adjacent to parking lot from property line to fence corner every other week. Trim bank behind post office 3 times per year: July, October and May. Apply wood mulch in the Bradford Pear tree bed once during the latter part of March. Apply pine needles to other plant beds twice yearly or as needed. Shrubbery and trees: Maintenance, weeding and replacement of plants and shrubs as needed. Prune two times annually and fertilize shrubbery each fall. This is in all areas except front of building. Water: Contractor shall monitor conditions of all plant life(ineluding trees) and water as necessary to properly sustain viable healthy plants and grass. Page 18 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 2 - G. GALLOWAY REYNOLDS COMMUNITY CENTER SITE The G. Galloway Reynolds Community Center is located on Lucy Lane near Lewisville Elementary School, The site has approximately 26,300 square feet or grounds to be maintained, Turf Areas: The Contractor shall maintain the grass areas by mowing and trimming weekly as necessary during the growing season, The Contractor shall soil test annually and apply fertilizers, lime and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession, These applications shall generally be broadleaf weed control annually, fertilizer with pre -emergent each Spring, & mid -Summer and slow -release fertilizer twice annually. Plug and over -seed once annually in the fall, Leaf removal as needed. Shrubbery and trees: Maintenance, weeding and replacement of plants and shrubs as needed. Prune two times annually and fertilize shrubbery each fall. Apply pine needles to plant beds twice yearly or as needed, Water; Contractor shall monitor conditions of all plant life and water as necessary to properly sustain viable healthy plants and grass. Page 19 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 3 - SHALLOWFORD SQUARE Shallowford Square is located at 6525 Shallowford Road directly across from the Town Hall. The site has approximately 65,340 square feet of grounds to be maintained. 'turf Areas: The Contractor shall maintain the grass areas by mowing and trimming weekly as necessary during the growing season. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable In the profession. These applications shall generally be broadleaf weed control annually, fertilizer with pre -emergent each spring, & mid summer and slow -release fertilizer twice annually. Plug and over -seed once annually in the fall. Leaf removal as needed. Shrubbery beds only: Prune two times annually, weed control in beds, fertilize shrubbery each fall, mulch beds with pine needles three times per year at the direction of the Town. Mulch shrub beds at wagon museum site with pine needles three times per year: mid July, October and April or at the direction of the Town. Apply chemicals for insect, weed and disease control. Trees: Prune as necessary all trees which are less than 20 feet tall. Mulch all tree rings along with shrub beds. Mulch two large oak trees each Spring and Fall. Water: Contractor shall monitor conditions of all grass and plant life and notify Public Works Director of any problems that are encountered. Leaf Removal: Contractor shall remove leaves as needed. The last removal shall be after all leaves have fallen Soil Treatment. The Contractor shall accomplish annual soil testing of each Service Area to determine the presence or absence of the appropriate plant nutrients required for a good growing environment of the desirable predominate plant life of the Service Area. Results of the Soil Tests shall be provided to the Town. The Contractor shall apply the appropriate supplemental nutrients as indicated by annual soil tests. The appropriate supplemental nutrients shall be in the form of fertilizers, minerals, and other materials as may be appropriate for the Service Area Page 20 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 4 - US HIGHWAY 421/WILLIAMS ROAD INTERCHANGE SITE Property located adjacent to Highway 421 and Williams Road, Moderate intensity maintenance requires two mowings per month April through October, Turf Areas: 'fhe Contractor shall maintain the grass areas by mowing twice monthly as necessary from April through October during the growing season, The Contractor shall soil test annually and apply fertilizers, lime and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. These applications shall generally be broadleaf weed control annually, fertilizer with pre -emergent each Spring using slow -release fertilizer, Aerate and over -seed once annually in the fall. Page 21 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 5 - 6611 SHALLOWFORD ROAD SITE Property located at 6611 Shallowford Road is a former residential area in caretaker status. This site has both medium and low intensity maintenance areas, Both areas require control of pests and disease. The site consists of approximately 40,000 square feet. Turf Areas: The Contractor shall maintain the medium intensity grass areas by mowing weekly during the growing season, The low intensity area requires bush hogging as needed. The Contractor shall apply chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. Page 22 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 6 - TRAFFIC CIRCLES (3) Shrubbery/Plant Beds: (If applicable)Prune two times annually, weed control in beds, fertilize shrubbery each fail, mulch beds with mulch during the latter part of March and refresh again during the latter part of September and apply insect and disease control. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. Turf Areas: The Contractor shall maintain the grass areas by mowing and trimming weekly as necessary during the growing season. 'fhe Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. These applications shall generally be broadleaf weed control annually, fertilizer with pre -emergent each spring, & mid summer and slow -release fertilizer twice annually. Plug and over -seed once annually in the fall. Leaf removal as needed. The traffic circle at Heritage Dr. has an associated sidewalk and shrub bed to be maintained, both shall be maintained as described above. Water: Contractor shall monitor conditions of all plant life and water as necessary to properly sustain viable healthy plants and grass. Litter and rubbish: Contractor shall properly dispose of any litter or rubbish located in the circles. Page 23 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 7 - 6510 SHALLOWFORD ROAD -TOWN HALL Property located at 6510 Shallowford Road Is the Town Hall Facility. High intensity maintenance requires mowing, trimming and control of pests and disease. Turf Areas: The Contractor shall maintain the grass areas by push mowing and trimming weekly as necessary during the growing season. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. 'These applications shall generally be broadleaf weed control annually, fertilizer with pre -emergent each spring, and slow -release fertilizer twice annually. Plug and over -seed once annually in the fall. Leaf removal as needed Soil Treatment, The Contractor shall accomplish annual soil testing of the Service Area to determine the presence or absence of the appropriate plant nutrients required for a good growing environment of the desirable predominate plant life of the Service Area, Results of the Soil 'Pests shall be provided to the Town. 'rhe Contractor shall apply the appropriate supplemental nutrients as indicated by annual soil tests. The appropriate supplemental nutrients shall be In the form of fertilizers, minerals, and other materials as may be appropriate for the Service Area Page 24 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 8 - Lucy Lane Median Shrubbery and trees; Prune two times annually as needed, bi-weekly weed control in beds, fertilize shrubbery and trees each fall. Mulch beds with pine needles during the latter part of March and refresh again during the latter part of September. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. Water: Contractor shall monitor conditions of all plant life and water as necessary to properly sustain viable healthy plant life. Litter and rubbish: Contractor shall properly dispose of any litter or rubbish located in the median area along Lucy Lane, Page 25 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 9 - Jennings Road Property located at corner of Jennings Rd. and Lewisville -Vienna Rd.owned by the Town. High -Medium Intensity maintenance requires mowing and control of pests and disease. Turf Areas: The Contractor shall maintain the grass areas by mowing weekly during the growing season. The Contractor shall apply chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. Water: Contractor shall monitor conditions of all plant life and water as necessary Shrubbery and trees: Prune two times annually, weed control in beds, fertilize shrubbery each fall, mulch beds with mulch once each spring, and apply insect and disease control. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. Page 26 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 10- JACK WARREN PARK SITE Property located on Lewisville-Clemmons Road. High intensity maintenance requires weekly mowing and trimming (sidewalks, walking trail and parking lot). The site consists of approximately 11 acres of park land Turf Areas: The Contractor shall maintain the grass areas by mowing and trimming weekly as necessary during the growing season. The Contractor shall apply fertilizers and chemicals to control disease, pests, and weeds as needed and is generally acceptable in the profession. These applications shall generally be broadleaf weed control annually, lime, fertilizer with pre -emergent each Spring, & mid -Summer, slow -release fertilizer twice annually. Plug and over -seed once annually in the fall. Leaf removal as needed. Soil Treatment, The Contractor shall accomplish annual soil testing of the Service Area to determine the presence or absence of the appropriate plant nutrients required for a good growing environment of the desirable predominate plant life of the Service Area. Results of the Soil Tests shall be provided to the Town. The Contractor shall apply the appropriate supplemental nutrients as indicated by annual soil tests. The appropriate supplemental nutrients shall be in the form of fertilizers, minerals, and other materials as may be appropriate for the Service Area. Turf areas shall be limed two times per year. Page 27 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 11 - Lewisville-Clemmons Road/Lewisville-Vienna Road Sidewalk Turf Area Sidewalk located between Jack Warren Park and Brockway West Dr on Lewisville - Clemmons Rd.owned by the Town. and sidewalk on Lewisville -Vienna Rd High -Medium intensity maintenance requires mowing and control of pests and disease. Turf Areas along sidewalk: Where there are empty lots, the Contractor shall maintain the grass areas along sidewalk by mowing weekly when needed during the growing season. The Contractor shall apply chemicals to control disease, pests, and weeds as needed and Is generally acceptable in the profession. Sidewalks: The Contractor shall apply chemicals to control pests, and weeds no less than evey other week or as needed and is generally acceptable in the profession. Trees along sidewalk: Trim as needed to keep from obstructing pedestrian traffic. Page 28 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 12 - Sidewalk spraying The following sidewalks shall be sprayed for weeds bi-weekly each month during the mowing/growing season: Shaliowford Road, Great Wagon Road (Shallowfor Square), Great Wagon Road (behind old mill), Lewisville -Vienna sidewalk, Lewisville-Clemmons Road sidewalks, Arrow Leaf Drive sidewalk and Lucy Lane sidewalk. Page 29 of 30 TOWN OF LEWISVILLE CONTRACT 2017 - 2020 GROUNDS MAINTENANCE EXHIBIT 13 - 6665 Shallowford Road Property located at 6665 Shallowford Road. The site has approximately 1.5 acres of grounds to be maintained. Turf Areas: The Contractor shall maintain the grass areas by mowing and trimming weekly as necessary during the growing season. Page 30 of 30 TOWN OF LEWISVILLE 6510 SHALLOWFORD RD, P.O. BOX 547 LEWISVILLE, NC 27023 CONTRACTOR BID FORM FOR CONTRACT LANDSCAPE AND GROUNDS MAINTENANCE SERVICES BID # Y17-100 Name of Phone (33to)"iL05-4zg84 Title y' Emaill)((lrc'.�5 j�ln��C�Yni��CU(Yl Signature Z� FAX ¢) Print Name k idlarCl Mar-W) Number of days from bid opening that prices are good (must be at least 45 days): C)o— Proposed Monthly Fee AREA 1 Municioal Grounds and Ri¢ht-Of-Ways: $ 3 ► ) q •. 1( 0 X_12_= !3 60, (Jb yearly Proposed Fee AREA 2 Dams: $ 4: 3 : (c X_3_= $ 1Yearly Proposed Fee per mowing AREA 3 Guard Rails: $ `15 � oo X_8_= �?�0 Yearly Proposed Rate Per Hour AREA 4 Flail: $4b.,00 I hV- X_100_= 4AC5Ch. CX7 ** * *To be billed monthly as service is reauired Proposed Rate Per Hour AREA Bush Ho¢: $�X_50_2250 * *To be billed monthly as service is reauired Proposed Rate Per Hour AREA 5 Unkeot Lots: $ , (Y) hr X_40_ * *To be billed monthly as service is reauired Proposed Hourly Rate for Extra Services_ $ 40, 15 RESOLUTION 2017033 OF THE LEWISVILLE TOWN COUNCIL AWARDING GROUNDS MAINTENANCE SERVICES CONTRACT TO YARDS BY US FOR FY 2017-2018 THROUGH FY 2019-2020 WHEREAS, Yards By Us has agreed to continue grounds maintenance for Town of Lewisville for a period of three (3) years, and WHEREAS, the maintenance for grounds work has been reviewed and itemized for FY 2017-2020; and WHEREAS, contracts for the various areas serviced by Yards By Us have been combined; and WHEREAS, the cost for grounds maintenance for fiscal years 2017-2018, 2018-2019 and 2019-2020 is for an amount not to exceed each fiscal year: Area 1 - $37,430.0° Area 2 - $ 1,300.' Area 3 - $ 600.00 Area 4 - hourly rate of $45A - service required to be billed monthly Area 5 - hourly rate of $45.00 - service required to be billed monthly Extra Services - hourly rate of $40A - service requested NOW, THEREFORE, BE IT RESOLVED THAT THE LEWISVILLE TOWN COUNCIL authorizes the contract for grounds maintenance to Yards By Us, Winston-Salem, NC in the amounts stated for the areas identified (Area 1 - $37,430.0 , Area 2 - $1,300A, Area 3 - $600.L, Area 4 - hourly rate of $45. ' service required, and Area 5 - hourly rate of $45.D0 - service required, Extra Services - hourly rate of $40A - service requested) and authorizes and directs the Town Manager to execute the attached contract. Resolved, approved and effective upon adoption, this the Qth day of June, 2017 by the Lewisville Town Council. U E C RM"°fHIS DOGUMM M BE AM AND ACCURNE r OF 7HE ORNK f Mike Horn, l 1; ATTEST. Joyce C. Wig iams Walker, Town Clerk 1 Change Order Number: 01 Project: Grounds Maintenance Contract — Grounds Maintenance Contractor: Yards By Us TOWN OF LEWISVILLE Contract date: July 1, 2017 Notice to Proceed July 1, 2017 Length of Contract: 365 days Reason for Change Order: Additional mowing added to service area 1 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGE IN THIS CONTRACT: The original contract sum was ............................... Net Change by Previous Change Order(s)............. The Contract Sum Prior to this Change Order was The Contract Sum will be increased by this ChangeOrder................................................................ The new Contract Sum Including This Change Order Willbe........................................................................... The Contract time will increase by 0 days. The New Completion Date is: June 30, 2020 The effective date of this change Order is July 3, 2019 Accepted: Yards By Us (Contractor) By: (Title) ..........$37,430.00 .........,$0.00 .......... $37,430.00 ..........$2,740.00 ; 12- 2zg, 33 ..........$40,170.00 Appr ved: Town of e is it By: N 17Jisll Town Manager (Town Clerk) This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. (Finance Officer) RESOLUTION 2019054 OF THE LEWISVILLE TOWN COUNCIL ACCEPTING CHANGE ORDER #1 WITH YARDS BY ITS TO INCLUDE MOWING FOR THE DONATED PROPERTIES ON WARREN PARK DRIVE AND LEWISVILLE-VIENNA ROAD WHEREAS, there is a need to amend the grounds maintenance contract with Yards by Us to include the donated properties on Warren Park Dive and Lewisville -Vienna Road; and WHEREAS, the cost to add mowing to the two locations is $2,740.00; and WHEREAS, the addition of the $2,740.00 brings the total cost of the contract to $40,170.90; and WHEREAS, Town of Lewisville concurs with this addendum. NOW, THEREFORE, BE IT RESOLVED BY THE LEWISVILLE TOWN COUNCIL that the Town Manager is authorized to approve Change Order 91 with Yards by Us by adding the locations of Warren Park Drive and Lewisville -Vienna Road to the contract ending June 30, 2020 at a cost of $2,740.' which brings the total cost of the contract to $40,170.0 . Adopted this the 11`h Day of July, 2019 by the Lewisville Town Council. ATTEST: Mike Ho , Mayor J yc C. McWilliams Walker Town Clerk 1 CERM THIS TI'tUE AND ACCURATE 0- MY OF �E OR49NAL ! ' . 41tIJ