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Resolution 12-22 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: March 1, 2022 Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer Jay Anderson, Director of Public Service Re: Resolution 12-22 – 2022 Highway Mowing Program Contract Bid Acceptance Background The 2022 Operating Budget includes $100,000 for the City’s highway mowing program. The City contracts this service with third party providers. A map showing the maintenance coverage area for this contract is attached for reference. The scope of this contract includes 10 complete, date- specific mows, as well as trash and litter removal during each mow. Further, the bid includes unit costs for weed treatment and fertilizer applications as directed by the City to maintain appropriate appearance and level of service as necessary. The complete contract technical specifications are also attached to this report for reference. Bids for this contract were opened on February 17, 2022. The City received one (1) bid from Commercial Land Management Systems (CLMS) in the amount of $158,357.20. Staff thoroughly reviewed this bid, particularly as only one bid was received and the bid is higher than the estimated cost. Staff feels that the unique nature of the required work contributed to the reception of only one bid. The scope of this work requires tractors and batwing type mowers for most effective and efficient performance. Most landscape companies use only zero-turn and walk behind mowers, only renting tractors or batwing mowers on an as-needed basis. CLMS intends to purchase one (1) to two (2) tractors to meet the requirements of this contract, as well as other contracts for which such equipment is necessary. Further, staff has reviewed CLMS’ staffing and maintenance plan to ensure it can successfully meet the requirements of this contract. CLMS has successfully provided landscape services for the City in the past and is currently the City’s landscape contractor for City facilities and the I-270/US-33 Interchange. Staff’s experience with CLMS has been positive, and staff is confident CLMS can successfully meet the requirements of this contract. There are sufficient funds in the operating budget to cover the cost of this bid. Bidder Bid Amount Commercial Land Management Systems $158,357.20 Recommendation Staff recommends adoption of Resolution 12-22, accepting the bid by Commercial Land Management Systems for the highway-mowing program in the amount of $158,357.20. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 Memo 65 | Page TECHNICAL SPECIFICATIONS 66 | Page MAINTENANCE OPERATION TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1. The maps included in this document should only be used for assistance with locating general areas of responsibility relevant to this contract. Square footages, boundaries, number and locations of trees, landscape beds, etc., are not necessarily accurate. Service Providers are encouraged to visit all sites and take measurements for bidding purposes. Detailed maps are also available on the City of Dublin Website, or Dubscovery. 1.2 UNIT PRICES A. Work of this Section is affected by the unit price specified. 1. Unit price applies to additions to and deletions from Work as Authorized by Change Orders. Unit price also will be used to determine the value of missed work in the event the Service Provider fails to perform all obligations of this contract. 1.3 PROJECT CONDITIONS A. The sites to be maintained under the provisions of this Agreement will be examined by the Service Provider prior to submitting a bid. The Service Provider will be initially accepting each service area in their present physical condition. In addition, no further demands may be made by the Service Provider for additional service fees due to the lack of understanding concerning the specifications and scope of work described herein. If the site is not in a state of satisfactory condition at the time of bid award, the Service Provider will submit a schedule to bring the site to a satisfactory condition and will thereafter maintain the site to that standard. B. Field Measurements: The Service Provider shall verify actual dimensions by field measurements before proceeding with maintenance work. C. Weather Limitations: Proceed with maintenance only when weather conditions permit maintenance to be performed when beneficial and optimum results may be obtained. Apply products during favorable weather conditions according to manufacturer's written instructions. Promptly notify The City of any weather related delays on the day of the delay. D. Coordination: 67 | Page 1. The Service Provider recognizes that, during the course of this Agreement, other activities and operations may be conducted by City work forces and/or other contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Service Provider may be required to modify or curtail certain functions of its operations and shall promptly comply with any request therefore by the City . To the extent that any such modifications may alter the specifications in the agreement, the City will evaluate the need to amend the contract. 2. The Service Provider shall protect turf areas and repair any damage caused by maintenance operations. 3. The Service Provider shall take adequate measures to insure that their operations do not harm any existing underground facilities. 4. Work Within the Road Right-of-Way: a. The Service Provider shall perform the required work with the least inconvenience to, and the maximum safety of the Service Provider and the traveling public. b. All Work in the medians of US 33 is to be performed in the non-peak hours between 9 am and 4 pm on weekdays or on the weekends. The use of a chase truck with an arrow board, high visibility lighting, attenuator, etc. is recommended. c. The Service Provider shall adhere to the requirements for maintaining traffic as indicated in the “Ohio Manual of Uniform Traffic Control Devices for Streets and Highways,” and the City of Dublin Work zone Traffic Control Program, latest revision(s). In addition, all personnel must wear appropriate High Visibility Safety Apparel any time that they are working on or within 15 feet from the edge of any roadway. Use only fluorescent yellow-green fabric vests, jackets and pants. Safety vests or jackets and safety pants must be worn at all times workers are within 15 feet of roadway. ANSI/ISEA Class III requirements apply. “Highest visibility requirements for workers in high-risk situations who need to be visible through a full range of body motions from a minimum distance of 1280 feet. Traffic speeds over 50 mph. (Background material 1240 sq. inches, retro reflective material 310 sq. inches.) Examples are coveralls / jumpsuit, jacket, parka and rainwear.” 1) Barricades and Warning Signs. The Service Provider will be required to provide, erect, maintain (in proper position, clean, legible and good working condition) and remove all lights, signs, barricades and all other traffic control devices necessary to the maintenance of traffic. All traffic control devices shall conform to the latest revision of the OMUTCD for Streets and Highways as amended, as required under Ohio Revised Code Section 4511.09. 68 | Page 2) Street Lane Closure (outside of Engineering’s peak operational hours map): a) The Service Provider shall notify the City no fewer than two (2) days in advance of proposed street lane closure by itself or its subcontractor. Street lane closures are only permitted between the hours of 09:00 am and 03:00 pm. b) The Service Provider or its subcontractor shall not proceed with street lane closure without City ’s written permission. c) No lanes of the freeway may be closed except in emergency situations after the Dublin Police, State Highway Patrol and City are notified. E. The Service Provider shall be responsible at all times to conduct the work and keep the work site in compliance with Federal, State and Local safety laws and regulations, including, but not limited to Occupational Safety and Health Administration (OSHA) requirements. The Service Provider shall have a competent site supervisor and possess proper employee safety and health policies. F. The City shall have the right to suspend the operations of the Service Provider and/or its subcontractors if a serious safety violation is discovered. G. All work must be performed between the hours of 8am and 8pm and be in compliance with the City of Dublin noise ordinance. The exceptions to this time frame is for work being performed on US 33 medians where the hours are restricted from 9am and 4pm and times reflected on the Peak Operational Hours map. Work is to be scheduled to be completed Monday through Friday. Work may be performed on Saturday and Sunday if caused by weather or Holiday delays. H. None of the provisions of this contract are intended to nor shall be construed to create any duty or responsibility on the City of Dublin to provide or enforce safety requirements for the Service Provider. The duty, responsibility, and liability for safety shall remain with the Service Provider. Any failure of the City to suspend work or detect violation of any Local, State or Federal safety standard or regulation shall in no case relieve the Service Provider of Service Provider’s safety responsibilities. I. Responsibility for Damage Claims. The Service Provider shall hold harmless the City of Dublin and all of its representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the improvement on account of any act or omission by the Service Provider, or its agents. The Service Provider shal l pay any judgment obtained or growing out of such claims or suits. 69 | Page 1.4 UNSCHEDULED/EXTRA WORK A. The City may authorize the Service Provider to perform additional work, including but not limited to, repairs and replacements when the need for such work arises. Should such repairs or replacements be necessary as a result of Service Provider's negligence, Service Provider will be responsible for completing such repairs or replacing damaged property at no additional cost to the City. 1. All additional work shall have an agreed upon and written price quote or utilizing unit costs with a not to exceed number of units 2. The City will review quote and provide written authorization in the form of an executed Change Order prior to the Service Provider beginning the work. 3. Invoicing of work performed will follow the execution of the Change Order. 4. In the rare circumstances that require work to be completed prior to a Change Order being executed, the City shall provide the contractor with a Field Directive that authorizes the work; after which the Change Order process will be followed to amend the contract. B. The Service Provider may not change the regular maintenance schedule or work force to do unscheduled/extra work unless authorized by the City . C. In order to be considered for extra work projects outside of their contracted sites, the Service Provider must maintain their landscape maintenance sites in a manner that meets or exceeds City standards for landscape maintenance. In all cases, the City will determine standard. D. Prior to performing any additional work, the Service Provider shall give a written estimate of labor and materials to the City . No work shall commence without a written estimate and an executed change order. Should a lane closure be required for unscheduled work, the cost of equipment shall be detailed in the estimate. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the City may verbally authorize the work to be performed upon receiving a verbal estimate from the Service Provider. E. All additional work shall commence on the specified date established and Service Provider shall proceed diligently to complete said work within the time allotted. All replacements of plant material shall be the same like and kind as what is missing or needed to be replaced, unless authorized by the City . F. The Service Provider shall provide a Change Order Request for r eview and approval. After approval the City will generate a Change Order, which once fully executed, authorizes the Service Provider to submit an invoice for work performed. 1.5 DAMAGE CAUSED BY SERVICE PROVIDER A. Any damage to either the City or private property, which was caused by the Service Provider or its subcontractors, shall be repaired or replaced at the Service Provider's expense and to the City’s satisfaction. Damages may be the result of, but not limited to: 70 | Page 1. Power equipment damage to trees, shrubs, turf and sprinklers. 2. Pruning methods not consistent with City specifications. 3. Chemical overspray or leaching or lack of chemical control. B. All repairs or replacements shall be completed in accordance with the following maintenance practices: 1. Trees - the City shall check minor damage such as bark loss or broken limbs due to impact of equipment. If in the City ’s judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at Service Provider’s expense to comply with the specific instructions of the City . a. Minor damage shall be considered affecting less than 10% of either the health or asthetics of the plant. 2. Shrubs - Minor damage may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the City . a. Minor damage shall be considered affecting less than 10% of either the health or aesthetics of the plant. 1.6 FAILURE TO PERFORM: A. In the event the Service Provider for any reason fails to perform according to the conditions of the contract, the Service Provider must remedy any failure of compliance with the contract within twenty-four (24) hours of written notification delivered by electronic mail. In the event the Service Provider fails to correct the problem with work quality or completeness within twenty-four (24) hours of notification, the City reserves the right to arrange for the immediate provision of services described by these specifications. Such cost of interim service will be deducted from the amount owed to the Service Provider and used to provide the funds needed to cover the costs of these services. This amount may be more than the contracted per occurrence charge. The City of Dublin will not pay for work not completed by the Service Provider regardless of whether or not provisions were made by the City of Dublin to have the work completed by other means. The unit prices mentioned in section 1.3 will be used to determine the deduction for any incomplete work. B. Completing the scheduled work on time according to the weekly schedule is important to all parties. The City is to be notified via email of any areas not mowed, maintained or weeded according to the schedule. Failure to notify the City of any delays in completion of the daily schedule on time will result in a re-inspection fee of $25.00 per map page that the City if not notified of. C. Thirty days from the expiration of the contract, the City may deem it necessary to conduct an exit inspection to assure all sites within the contract are satisfactory and per contract specifications. The service provider will be held financially accountable with 71 | Page deduction in payment or withholding of payment if contract sites are not ready to turn over in a satisfactory condition. This will include, but not limited to the health of plants, and weed and litter free. This contract will expire after the final mow of the season is completed in October. PART 2 - EXECUTION 2.1 EXTENT OF WORK A. The services provided to the City by the Service Provider must include, but will not be limited to the following: trash removal and legal disposal from the shoulder, berm, and breakdown lane and throughout the entire mowing area. Trash is to be thoroughly removed prior to mowing. This includes the removal and disposal of illegal advertising signs such as political advertisements, other advertising and small dead animals. Mowing all areas that have been mowed in the past, using the maps as a rough guide. Mowing is to be no lower than 4 inches. String trimming around and under all guardrails, trees, lamp posts, signs, crossover prevention cables, etc. The use of non-selective herbicides is not permitted in these areas. Non-selective herbicides are only to be used to control weeds occurring in hard surfaces. 2.2 FREQUENCY OF MAINTENANCE / SCHEDULE A. Begin maintenance immediately upon execution of contract. Inspect all areas at least once a week from April 1, 2022 to October 31, 2022 for compliance with specifications and perform needed maintenance promptly. A complete trash cleanup and complete mowing of all areas shown in the map packet is to be completed a minimum of 10 (ten) times during the contract year during the following weeks: B. The below schedule is based depending on the growth; possible additional mowings depending on the conditions as directed by the City will be at a per occurrence cost. C. 1. April – two complete mowing’s. Second mowing completed by (4/29/22) D. 2. May – two complete mowing’s. The second mowing must be scheduled for the week prior to the start of the Memorial Tournament (5-23-22 to 5-27-22) E. 3. June – two complete mowing’s. The second mowing must be scheduled for the week prior to the (week before) the Fourth of July (6-27-22 to 7-1-22) F. 4. July – two complete mowing’s. The second mowing must be scheduled for the week prior to the Dublin Irish Festival (7-25-22 to 7-29-22) G. 5. August – One complete mowing. Mowing will be scheduled for the week prior to Labor Day (8-29-22 to 9-2-22) H. 6. September – 1 complete mowing as directed by the City 72 | Page I. 7. October – 1 complete mowing (if needed and as directed by the City 2.3 PREPARATION A. The Service Provider shall protect persons, pedestrians, structures, utilities, sidewalks, pavements, and other facilities, turf, trees, shrubs, and plantings from damage caused by maintenance operations. 1. The Service Provider shall protect pedestrians and motor vehicles by ensuring OSHA and manufacturer approved mower deck discharge cover assembly is in place and functioning for its intended purpose when mowing in and around all parking and roadway right-of way areas or any area in which people are likely to be present. The discharge chute is to be positioned away from persons and vehicles whenever possible. 2.4 POLICING: A. The Service Provider shall police all maintained areas weekly, at a minimum each time a contract site is serviced. Policing includes removal of limbs, paper, trash, cigarette butts, garbage, rocks, or other debris (including any vehicular debris). Collected debris shall be promptly removed from City property and legally disposed of. 1. The Service Provider will remove all advertisements and election signs from the work site, including from utility poles, each time a contract site is serviced. All signs are to be disposed of legally. 3.8 TREES B. Trees in Contract Areas (boulevards, medians, tree lawns, parks, green spaces, etc.): 1. The City of Dublin shall be responsible for all tree pruning, and tree removal directly within the contract areas. The Service Provider is not responsible for tree pruning. If the Servicer Provider observes a tree or trees needing service, they are to notify the City . 2. The Service Provider shall notify the City of damaged/broken tree limbs that pose serious public safety risk. 3. The Service Provider shall report all dead, diseased and insect infested branches and limbs to the City . 4. The Service Provider shall remove and dispose of all trimmings and debris offsite the same day as service and take the material to an appropriate disposal site. 73 | Page 2.5 CLEANUP AND PROTECTION A. During maintenance, keep adjacent paving clean and work area in an orderly condition. B. Protect plants and turf from damage due to landscape operations and operations of other contractors and trades. Maintain protection during maintenance period. Treat, repair, or replace damaged plants or turf. 2022 Highway Mowing Areas