15-Deliberate and act on options for herbicide applications for the Parks DepartmentCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
03/03/10
Steve McFadden,
Council Date:
City Council
Interim Director of Public Works
15.
03/08/10
RECOMMENDED MOTION:
Move to authorize the creation of an M-1 position in the Parks Department and for staff to begin
herbicide application instead of contracting far the service.
POLICY ISSUE(S):
Grounds maintenance; Fiscal management
BACKGROUND:
In 2005, the City requested RFPs for herbicide spraying and selected Spraymax as the vendor. The five-
year term of the contract expired December 31, 2009 and staff has developed two options for
consideration:
Option 1- Spray in-house according to specifications with one additional employee (M-1
position) added to city staff. This allows for spraying additional properties, spraying an
additional round of post-emergent, and adding additional drainage ditches. While it will take
longer to perform the spraying in-house, during non-spraying periods the new employee will be
able to assist in the maintenance of ditches and right-of-ways.
Option 2- Re-bid spraying contract with changes and adjustments to specifications.
Performing the same level of service in-house will cost $10,089 less than the level of service quoted
under the Spraymax contract. That difference will be used to buy the materials to add additional areas
and a second round of post-emergent. Since there is already $40,000 budgeted for contract spraying,
Option 1 is budget neutral. Staff recommends Option 1 because of the higher level of service and
additional help maintaining ditches and right-of-ways.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Loranger memo; Cost comparison chart; Bid specs
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
❑ Department Report ❑ Resolution
gudgeted Amt.
$40,000
❑ Presentation ❑ Ordinance
y'r'D Actual
$ -0-
❑ Public Hearing ❑ Other
Acct. Name
Contract Spraying
Acct. Number
O 1-0417-89-00
FISCAL NOTES:
Option 1 proposal is budget neutral
REVIEWED AND APPROVED BY:
* Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
0 0
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Option #1
MEMO
To: Steve McFadden, Interim Public Works Director
From: William Loranger, Parks & ROW Supervisor
Date: March 3, 2010
Re: Proposed Spraying Contract Change
We propose to fuifili all spraying obligations completely as described in the current
spraying contract at no increase in expense. The City of Paris spraying contract
budget is $40,000. Over the last five years we have paid out to a contractor:
2004-2005 $44,114.00
2005-2006 $40,164.54
2006-2007 $39,724.00
2007-2008 $36,179.37
2008-2009 $35,912.00
This contractor sprayed one application of pre-emergent, one round of herbicide in
ditches, and 1-2 rounds in our green-zone downtown sidewalks. In conjunction to
the spraying contractor, the Parks Division also sprayed for unwanted weeds and
vegetation throughout the year. Areas the Parks Division sprayed were fence lines,
property barriers, infield, ditches, medians, walking tracks, trails and the green zone.
I propose we utilize the budgeted funds for the spraying contract more efficiently by
moving $26,000 (this includes all benefits) to park salaries, allowing us to add one
full time employee to staff. This will enable us to provide the same level of
spraying ourselves as previously provided by the contractors, and give us the
additional help throughout the year with dozens of drainage issues. The remaining
$14,000 of the spraying account will be used for the purchase of chemicals needed
for spraying program.
Page 1 of 3
We are currently equipped to perform most of the required spraying in our parks
and we have a licensed applicator on staff in the Parks Division.
in the past, we budgeted $40,000 a year for a contractor to come to Paris for just
two weeks to perform ali spraying in the spring. Although, it will take us longer per
round for spraying, we will be able to add properties, a second round of
post-emergent, and additional critical ditches not currently on the contract list.
This employee, when not spraying, will have other responsibilities and duties
assigned to him, benefiting the city even further.
Sincerely,
Bill Loranger
Parks & ROW Supervisor
Page 2 of 3
- 0 00 `'C) a
Option #2
Option two is a continuation of the spraying program provided over the last several years by
seeking qualified contractors to pertorm the spraying services to the City of Paris.
Attachment: Bid specification packet
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CITY OF PARIS, TEXAS
BID PROPOSAL AND SPECIFICATIONS
Herbicide/Outdoor Insecticide Control Services
1.00) SCOPE OF WORK:
1.01) The Contractor shall furnish all herbicides, personnel, qualified
supervision and insurance to provide vegetation management services to
various locations as designated by the city of Paris, Texas. The total
acreage of the area to be treated shall be determined by the Contractor
and the City of Paris.
1.02) Control by treatment shall be maintained throughout initial period of
contract. (ref. 10.00)
2.00) NOTICE TO BIDDERS:
2.01) Prospective bidders are urged to make a complete inspection of all areas
to be treated. Failure to do so will not relieve him/her of any of the
provisions of these specifications. The City of Paris reserves the right to
reject any and/or all bids and to waive any/or all formalities and to award
purchase on total amount, partial amount or individual item basis. Failure
to comply with specifications shall be grounds for the City to suspend
operations.
2.02) A certified check or bidder's bond for five percent (5%) of the total bid
must accompany each bid.
2.03) All herbicides shall be mixed and applied in strict accordance with the
manufacturer's EPA registered label.
2.04) Failure to comply with these specifications shall be grounds for the City to
suspend operations or terminate the contract.
2.05) Bidder(s) shall submit a list of FIVE (5) different successful herbicide
vegetation management projects, completed within the previous three (3)
years with his/her bid. Project name, customer, contact, address and
telephone number to be included with each listing.
2.06) The City reserves the right to abandon, without obligation to the
Contractor, any part of the project, or the entire project, at any time before
the Contractor begins any work authorized by the City.
2 t~P210 n-ri `s
2.07) Bidders shall not separate, detach or remove any portion, segment or
sheets from the contract documents at any time. Failure to bid or fully
execute contract without retaining contract documents intact may be
grounds for designating bids as "non-responsive" and rejecting bids or
voiding contract as appropriate and as determined by the City.
2.08) The Contractor shall furnish with the bid proposal a listing of one (1)
supervisor with a minimum of five (5) years experience licensed in the
Right-of-Way, Turf and Ornamental, and Aquatic categories, and three (3)
applicators with a minimum of two (2) years experience licensed by the
Texas Department of Agriculture or Structural Pest Control Board with the
appropriate categories. Contractor to furnish a listing with names,
addresses and telephone numbers along with photo copies of each
person's Certified Commercial Pesticide Applicator Certificate and/or
license.
2.09) The Contractor and it's owners are required to submit with the bid a list of
contracts or jobs which they have failed to complete or any violation of
pesticide laws or regulations for which they have been cited in the last ten
(10) years in any State.
2.10) The City of Paris reserves the right to determine which is the lowest and
best bid and to accept or reject any or all bids based on that
determination.
2.11) A pre-bid conference will be held, at 3:00pm at City Hall,
135 1St S.E. St., Paris, Texas.
0 0 Al'
HERBICIDE SPECIFICATIONS
3.00) SCOPE OF WORK:
Herbicide and ant treatments, as defined under Technical Specifications shall be
applied to the designated areas within The City of Paris. All areas to receive
treatment are indicated in the listing attached hereto. Treatment will only be in
selective areas as determined by the Parks Supervisor.
3.01) Insecticide will only be used in selective areas as determined by the
Parks Supervisor.
4.00) ORDERING AND MEASURING OF ADDITIONS OR DELETIONS TO WORK:
4.01) All work added or deleted will be specified by locations and approximate
acreage. Jointly, representatives of the City and the contractor shall
measure areas added or deleted to determine the exact acreage. Such
measurements shall be documented and signed by both representatives,
and will be the basis for determining the final scope of the work and
contract price.
4.02) The work to be performed shall be as designated on the attached
itemized list.
5.00) FREQUENCY OF WORK:
5.01) DRAINAGE AND WATERM/ASTE WATER OUTFALLS
All areas defined as Drainage or Water and Waste Water Outfalls shall
receive two (2) herbicide spray treatments during the growing season as
follows:
a) The initial treatment will begin in mid May, or date to be
determined by the City of Paris. First treatment shall be completed
within thirty (30) calendar days of notice to proceed.
b) Second Treatment shall start eleven (11) to thirteen (13) weeks,
after completion of first treatment, depending on rainfall. Second
treatment shall be completed within thirty (30) calendar days of
notice to proceed.
c) Spot treatment may be required by the City within thirty (30)
calendar days following completion of the treatment reflected
above, when necessary to secure effective control as required by
these specifications.
PARKS AND RECREATION
All areas defined as Parks and Recreation shall receive at least one with
options for second or third herbicide spray treatments during the growing
season as follows:
First Treatment: Must begin within ten (10) days of Notice to Proceed.
The first complete treatment must be completed within thirty (30) days
from the date of Notice to proceed. The first application should be made
in Mid February to Mid March.
(This will be excluded from the first year of the contract).
Second Treatment if determined by city: Must begin within ten (10)
days of Notice to Proceed. The second complete treatment must be
completed within thirty (30) days from the date of Notice to proceed. The
second application should be made eight (8) to ten (10) weeks after the
first application, depending on weather conditions and regrowth.
Third Treatment if determined by the city: Must begin within ten (10)
days of Notice to Proceed. The third complete treatment must be
completed within thirty (30) days from the date of Notice to proceed. The
third application should be made eight (8) to ten (10) weeks after the
second application, depending on weather conditions and regrowth.
Optional Treatment: At the sole discretion of the City of Paris shall utilize
this treatment in the case of an extended growing season and not as a
follow-up treatment. The timing of the treatment will be determined by the
City of Paris.
6.00)
5.02) Applications shall start within ten (10) days of notice to proceed.
5.03) In lieu of detailed routes and time/date schedules for treatment, the
Contractor will, in coordination with the City of Paris, develop a schedule
that is mutually agreeable to both.
TECHNICAL SPECIFICATIONS:
Drainage Canals: Areas of drainage canals to receive selective herbicide
treatment is further defined as being the bottom, side,
and banks to the limits of the right-of-way. In absence
of a defined right-of-way the top edge of the drainage
canal channel wall or grade shall prevail. In the event
privately owned walls, fences, or other appurtenances
are present, treatment shall extend to their edge.
W t~0W' ► 7
Parks and Recreation: Areas shall receive (1) pre-emergent application and
optional two (2) post emergent applications to control
undesired vegetation and suppress growth of turfgrass,
defined as any or all areas at the designated location
as directed by the City of Paris. Extreme care should
be taken so as to avoid damage to landscaped areas
and desired turfgrass. No products shall be used that
would cause staining of structures.
Water and Wastewater Areas shall receive selective herbicide treatment to
control brush
Outfalls: and undesired vegetation, defined as any or all areas
at the designated location as directed by the City of
Paris. Extreme care should be taken so as to avoid
damage to desired vegetation.
Herbicides and Rates
Selective Treatment - Drainage:
A) Herbicide Mix for First and Optional Second
Application by the Acre
1 '/z pints AQUAMASTER
1/3% by volume Surfactant
Selective Treatment Turfgrass - Parks and Recreation Areas:
A) Herbicide Mix for First Application and Optional
Second or Third Application by the acre
Pre-emergent: 3 pints PENDULUM
1 qt. PRINCEP
1/3% by volume 90/10 SURFACTANT
Post emergent: 1 qt. TRIPLET
'/4% by volume 90/10 SURFACTANT
4T . ,1. : (
Selective Treatment - WaterNVaste Water Outfalls Option:
A) Herbicide Mix for Application by the Acre
1 '/2 pints AQUAMASTER
1/3% by volume 90/10 SURFACTANT
6.01) Vegetation is defined as broadleaf weeds and grass (excepting
Bermudagrass) vines and brush. Elimination of undesirable vegetation
growing in designated areas as outlined below shall be controlled to
release low growing grasses.
6.02) The optimum rates and combinations of products should be used in strict
accordance with their label and the manufacturer's recommendations to
best suit the actual needs of the specified areas. The use of the above
products is recommended but approved equals may be substituted, but
only upon approval of the designated City of Paris official. The herbicide
treatment of vegetation, shall consist of a combination of herbicide
products which will effectively control undesired vegetation. Any turf that
is killed or permanently damaged shall be replanted, by the Contractor, by
means of seeding, and growth will be assured. Replanting shall be done
at no additional cost to the City.
6.03) The Contractor must be licensed by the Texas Department of Agriculture
or Texas Structural Pest Control Board in the appropriate categories.
Copies of the license or certificates and a listing of the license numbers
and licensees shall be submitted with the bid proposal.
6.04) The Contractor shall comply with all pesticide herbicide application
requirements as set forth by the Texas Department of Agriculture or
Texas Structural Pest Control Board, Federal Environmental Protective
Agency requirements; and manufacturer's instructions provided with the
chemicals on labels and/or in accompanying brochures.
6.05) Only applicators licensed by the State of Texas Structural Pest Control
Board or Texas Department of Agriculture will be allowed to apply
herbicide or service the project. - NO EXCEPTIONS.
6.06) The Contractor shall advise the City of Paris, in writing of the herbicides
he/she proposes to use in the treatment of vegetation of all types, and
shall not proceed with any work until such time as he/she has received
written concurrence from the City.
6.07) All equipment used by the Contractor for herbicide application must be
inspected and licensed by the Texas Structural Pest Control Board or
Texas Department of Agriculture and must comply with all applicable
State, Federal and OSHA regulations. The Contractor shall submit a
listing of equipment to be used with the bid proposal as a basis for the
City of Paris to determine the Contractors ability to perform the work
within the time frame specified.
„ f.P~
6.08) A permanent amber caution light will be mounted on top of each piece of
equipment that operates from public roads.
6.09) The postings of locations to be treated shall be done in accordance with
applicable laws and regulations set forth by the Texas Department of
Agriculture, Structural Pest Control, EPA and/or State Agencies.
7.00) INSPECTION OF WORK:
7.01) Contractor is responsible for inspection of all areas to receive treatment.
7.02) The Contractor shall report any potential problems that are not
designated by the prior inspection, such as erodible areas which could be
worsened by the herbicide application. The Contractor shall contact the
City representative and show him/her the questionable area before any
work is performed on that site.
7.03) No later than thirty (30) days after completion of each application a joint
inspection by representatives of the contractor and the City
of Paris shall be made to determine the effectiveness of the treatment(s).
7.04) In any case where the control is not totally effective, follow-up treatments
will be applied as required within five (5) days of inspection. Follow-up
inspections will be made of areas requiring spot treatments no later than
thirty (30) days following treatment to determine effectiveness, of the
treatment for further payment.
7.05) Inspection findings shall be documented and signed by both
representatives and will be utilized to support requests for payment by the
Contractor for satisfactory completion of services.
7.06) All areas treated shall comply with the management of ninety-five percent
(95%) control of undesirable vegetation.
0 0 0,'~" % 6
8.00) RESPONSIBILITY OF PROPERTY DAMAGE:
The Contractor shall be responsible for any property damage caused by
the use of chemicals, vehicles, or other equipment while engaged in this
contract. The Contractor shall pay for and maintain in force during the
tenure of this contract, the insurance listed below. The City of Paris shall
be provided certified proof that such insurance is, in fact, in force prior to
the contract start work date and will continue in force for the length of the
contract. The City of Paris shall be named as an additional insured under
all such policies, and shall receive a minimum of thirty (30) days advance
written notice prior to the effective date of any cancellation or restrictive
amendment to such policies.
COVERAGE
A) Workman's Compensation
B) Comprehensive General Liability (All Forms)
1) Bodily Injury
Combined
Single Limits
2) Property Damage
C) Motor Vehicle Public Liability
1)
2.)
Bodily Injury
Combined
Single Limits
Property Damage
LIMITS OF LIABILITY
Statutory
$1,000,000
$1, 000, 000
D) Chemical Drift
Limit
$ 1,000,000 Single
The Contractor agrees to indemnify and hold the City of Paris, its officers,
agents, and employees and the Architect and Engineers harmless from
and against any and all claims, demands, suits and judgments for
damage to property or injury to or deaths of persons caused by any act,
neglect, omission of fault on the part of the Contractor or on the part of
any subcontractor, arising out of or in any way connected with the work
performed under this contract, including all court costs and attorney's
fees.
~ 0 i~0. ,
9.00) BONDS:
Successful bidder must, within ten (10) working days of written notice to
proceed, furnish the following:
A) Performance Bond - 100% of contract.
B) Payment Bond - 100% of contract.
PerFormance and/or Payment Bonds must be written by a responsible
agent authorized to do business in the State of Texas.
10.00) INITIAL PERIOD OF CONTRACT:
This contract will begin upon contract being signed and end December 31,
2005, with an option for the City of Paris at its sole discretion to renew the
contract for four (4) additional one-year terms beginning January 1, 2006,
subject to the right of either party to cancel or terminate this contract as
provided in paragraph 16.02 herein.
11.00) PROPOSAL REQUIREMENTS:
Bidders must attach the following items to the Bid Proposal; failure to
comply with requested attachments shall disqualify Bidder.
A) Copy of company license and applicators license and/or certificate;
Texas Structural Pest Control Board or Texas Department of
Agriculture
Commercial Applicator's License. (see 2.08).
B) Document of supervisors and applicators experience (see 2.08).
C) Completed form, Qualification of Bidder.
D) A list of at least 5 jobs completed. Please list size and scope of the
projects.
(see 2.05).
E) Bid Security in the amount of five percent (5%) of bid proposal (see
2.02).
F) List of equipment (see 6.07).
G) List of any jobs that have failed to be completed and any pesticide
violations (see 2.09).
10 E1i~'~ r~
12.00) BILLING:
The Contractor shall bill the City of Paris by the end of each month. Partial
payments will be only on an as completed basis. A 10% retainage will be
held from each payment to be paid upon final acceptance and approval by
the City of Paris after the 30 day inspection as noted in Section 2.2.
13.00) ASSIGNMENT:
Contractor shall not sublet, subcontract, or assign this contract or the work
hereunder in whole or in part without the consent of the City having first
been obtained in writing.
14.00) INDEPENDENT CONTRACTOR:
The Contractor herein is an "Independent Contractor", and is obligated to
furnish all equipment and all personnel required to complete the work
contemplated by this project. The City is not obligated to furnish any
equipment or personnel, contemplated under this project (or to control or
direct the actions of same), and at no time will the personnel of the
Contractor be deemed to be employees of the City.
15.00) ADDITIONAL WORK:
The specifications and bid proposal submitted by the Contractor shall be
incorporated herein and are to be constructed as part of the Contract. If
the City requests and accepts bids or quotations for additional work which
the Contractor agrees to provide, such bids or quotations shall be
incorporated herein and are to be construed as part of the Project.
16.00) ADDITIONAL FEATURES:
16.01) The decision of the City Manager shall be final in all cases of dispute that
may arise from execution of this contract.
16.02) This contract may be terminated by either party following delivery of a thirty
(30) day written notice to the other party stating such intent. Failure by the
Contractor to supply such notice will result in a pro-rated deduction of final
payment made to the Contractor.
16.03) Failure by the successful bidder to satisfactorily enter into a Contract with
the City or failure to complete the Contract as prescribed in this Bid
Package, will result in the successful bidder being financially liable for
damages to the City for the difference in monies between their bid amount
and the next lowest and best bidder or 10% of the successful bidders
original bid amount, whichever is greater.
16.04) Exceptions to the above specifications and requirements will be
considered; but failure to note exceptions, when they exist may result in
rejection of the bid.
16.05) A Bid Securitv in the amount of 5% of the bid proposal amount submitted
must accompany each proposal.
q.
16.06) All questions concerning those specifications and requirements should be
referred to John Brunson, III City of Paris, Texas (903)784-9289
17.00) AWARD OF CONTRACT:
An award of the contract will not be made until the necessary investigations are
made as to the responsibility of the low bidder. Award of contract will be made by
the City Council of the City of Paris, upon the recommendation of the City
Manager, to the lowest responsible bidder meeting the requirements of the City
of Paris. The City of Paris reserves the right to determine which is the lowest and
best bid and to accept or reject any or all bids based on that determination.
12 -
t)
~~~f
QUALIFICATION OF BIDDER
Each bidder shall furnish the owner with satisfactory evidence of his competency to perform the work
contemplated. The owner reserves the right to reject a bid if the bidder does not submit a statement of
his qualifications.
Evidence of qualifications shall be submitted to the owner in the following forms:
First Name:
Date of Organization:
Address of Bidder:
If a Corporation, Name of State:
If a Partnership, Names and Addresses of Each Partner:
If an Individual, Name:
Operating as:
EXPERIENCE (NAMES OF PROJECTS) ON SIMILAR WORK:
Financial References: (Name two with addresses)
I(or we) certify the above is correct to the best of my (our) knowledge and belief.
(FIRM NAME)
BY:
DATE:
13
~J
BID PROPOSAL
To: City of Paris
P.O. Box 9037
Paris, Texas 75460
In response to your Invitation for Bid, the undersigned bidder proposes to furnish to the City of Paris
the item(s) listed herein, with the time stated below, for the following price(s):
Separate Departmental Bids:
1. Selective Drainage Treatment:
$ per acre (X)
acres = $
2. Selective Treatment - Turfgrass:
Parks Pre-emergent:
$ per acre (X) acres = $
Optional Application post-emergent:
$ per acre (X)
3. Selective Treatment Option:
Water and Waste Water outfalls:
acres = $
$ per acre (X) acres = $
4. Non-Selective Treatment Option:
Alleys, sidewalks and curb and gutter (hand spraying) $
Curb & Gutter (only) $ linear mile
Parking lots and streets (right of way) $ per acre
5. Insecticide Option:
$ per acre (see 3.01)
Total
Total
Total
Total
linear mile
14
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