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HomeMy WebLinkAboutResolution - 2014-R0236 - Contract - Provine Helicopters - Brush Control Management - 07_10_2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11810 for brush control management in the Lake Alan Henry Watershed, by and between the City of Lubbock and Provine Helicopters, of Greenwood, Mississippi, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on GLF, ,,e ROBERTSON, MAYOR ATTEST: )"x- Reb tca Garza, City ;Secr tar APPROVED AS TO CONTENT: R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: D. Mitchell Satterr ! Assistant City Attorney vw:ccdocs/RES.Contract-Provine Helicopters June 6, 2014 CONTRACT 11810 City of Lubbock, TX Lake Alan Henry Brush Control Service Agreement This Service Agreement (this "Agreement") is entered into as of the 10te day of July 2014, ("Effective Date") by and between Provine Helicopters of Greenwood. Mississippi, (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 14-11810-DT for Brush Control Management in the Lake Alan Henry Watershed. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Brush Control Management in the Lake Alan Henry Watershed, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Price Proposal Sheet and Proposal 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit A through C attached hereto. Article 1 Services 1.1 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.3 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.5 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.6 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to cxerci%ing its unrestricted r'tfht io seek judicial remedy, flee retnedtes ,et forth herein sire cuniUIMl%C and not exclusi%c, and may be c.\crcised cone urreniIN. I o the e\tent of any cL)n11ict between this provision and another pro%ision in, or refitted io, this document. this provision shall control- 2.1 l lndemnitN/\Vaiycr. Contractor ,haII indemnity, hold harmless, and defend the City' oif Lubhotk. its oftlurs, employees, elected officials, agents, and representalt%es {herein collecti%ely referred to its ''fndemnitees") from and against any slid all liability, alleged liability. suit~, action, legal prtxccdings, claims, or demands inctirred as a result of, or in connection %sith, this Contract or the %%urk to be pertiOnited limundcr, including cast o%f soil, at;itrne4s' fees, and all other related costs and expenses of %%ltawvcr kind or character arising directly or indirectly from any cause %% hat soever in coimeclion yNith or ilie identaI to this Contract, ,tr the Mork to he performed hereunder, including sut:lt injury ur harm as u%xv be ciwl eel in pact by any ut"lco. act, or omission of the lndc:ninitecs, excepting onk- stitch injun or harm as Wray be causal solely by an act or omission thereof. Notwithstanding the foregoing, the Contractor specifically agrees to so indemnify, hold harmless. and defend the inclemnitee, from and against am and all such IiabiIIty. suits, action, lefaI proc ecdings, claims, or demands Ihat may be matte or pursued by an employee of Contractor, or of awn subcontractor. or anyone acting on behalf of Contractor in connection with or incidental to this Contract %%hich are alleged to be attributable to any condition of or upon tltc City's property. tacilitics, materials, or equipment, including where Such condition and resulting injtEry is caused in part by any negligent act or omission tit' the Indemniices, but excepting only such injury or liarm as may be caused solely by ;tat act ur omission of the lndemnitees. Contractor agret:s to waive any and all claims and quits covered by this indemnity agreemem, and agrees that ant insurance carrier involved shall not be entitled to subrogation under any circumstance against tile lndetnnitees. 1-N W111;,r'i.-`i 3IF1I REOF. this Ag.rcenient is escctnctl as of the FfTecti,.0 Tate. CITY OF LUB13 Glen Wertson, Mayor A-rl'cc•r eb cca Garza, City Secretary ,R\f'f tOV1 D ,\S -I o'coNT Lr Aubrey A. Spear Dircclor of Wa er Resources t_'ON RAC '"It: t'c�ntr,tctar', >i1!,llilttECC darn T foal _ __-- Printed ~lame !-itlr J City of Lubbock, TX RFP 14-11810-DT Brush Control Management In the Lake Alan Henry Watershed General Requirements I. INTENT EXHIBIT A 1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals to provide aerial application of herbicide by helicopter to manage saltcedar (Tamarix ramosissima) in and around the flow channel of the Lake Alan Henry watershed. 1.2 Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. 1.3 The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. II. BACKGROUND Lubbock owns and operates Lake Alan Henry which provides the City with approximately 20% of its annual water supply. Lake Alan Henry is on the (South Fork of the) Double Mountain Fork of the Brazos River located 15 miles southeast of Post, Texas. Within the last couple of years, saltcedar has begun spreading throughout the watershed along the banks of the river and associated tributaries. The saltcedar consumes a large amount of water that might otherwise be impounded in the Lake and subsequently used as part of the City's water supply. As a result of the negative impact saltcedar may be having on the watershed area, the City initiated a brush control program to manage the saltcedar in 2013. III. SCOPE OF WORK 3.1 Target Area The scope of work includes herbicidal treatment of approximately 250 acres of saltcedar, located along the main stem of the (South Fork of the) Double Mountain Fork of the Brazos River 15 miles southeast of Post, Texas. The starting point will be the area around the bridge crossing at State Highway 84, and will continue upstream approximately four miles. The applicator will treat the saltcedar (mostly new growth) along the bed and banks of the river. See the attached map. The City will provide more detailed information regarding the area to be treated to the successful Offeror. 3.2 Landowner Consent Agreements The City will obtain easements or consents from the landowners for entry to the property and for application of the herbicide. Application shall be accomplished by spraying, using a helicopter. The Offeror's personnel shall exercise due precautions in operations on private property, and shall close all gates and repair any fences damaged in the process. Operation of helicopters near cattle shall be avoided to prevent stampede. 3.3 Preliminary Flight The offeror shall conduct a preliminary flight allowing up to two city employees to fly over the watershed to document the saltcedar kill rates from previous year(s) and to show the pilot the current targeted area for herbicide application. 3.4 Treatment Schedule The optimum time to spray saltcedar is soon after the flowering stage which normally occurs during August to early September in this area. The Offeror shall verbally respond to the City regarding service requests within two days to schedule a time that the herbicide can be applied. 3.5 Type of Herbicide Usage The Offeror must apply the herbicide (Arsenal) with a surfactant labeled for aquatic application at rates specified by the label to control saltcedar. The total mixture rate must be at least 15 gallons per acre. Any spray adjuvant added to the chemical must be mixed according to chemical label for optimum herbicide performance. 3.6 Herbicide Application a. Saltcedar may be in clusters/patches in the channel and not covering the entire channel of the targeted area to be treated. Chemical application will be charged on a per acre application of chemical to the target species (saltcedar), and not total area flown by helicopter. b. Special consideration for volume of spray, spray height and spray drift minimization should be followed as specified by chemical label. All application shall be in strict accordance with USDA Label requirements and State of Texas rules and regulations. Vender must follow all federal, state, local laws and regulations, and requirements while performing the above mentioned operations, including FAA, DOT, and Department of Agriculture. c. Offeror shall be responsible for observing all limitations on spraying based on wind speed, humidity, temperature, inversions and other conditions affecting the application of herbicide, so that the herbicide can be applied safely, efficiently, and with a minimum of waste and drift. Offeror is solely responsible for the safe application of the herbicide. d. The vendor shall be responsible for cleanup of any spills and/or damages resulting from the above mentioned operations. IV. QUALIFICATIONS / SPECIFICATIONS 4.1 Type of Aircraft The only type of aircraft that the Offeror is allowed to use for herbicide application is a helicopter. The helicopter must be equipped with precision boom and nozzles divided into two or three individually - controlled sections for variable swath width with 1,000 micron droplet nozzles. 4.2 Licenses and Permits The Offeror must possess the following licenses and permits (Please provide copies): a. FAA Part 137 Operating Certificate b. Department of Agriculture Licenses 4.3 Guidance System The Offeror must own/possess a Guidance System such as a GPS capable of providing maps and .shp files, with variable rate flow control linked to GPS. The Offeror's operators must be capable of avoiding individual non -target plants such as cottonwood, willow, plum thickets, & hackberry trees among others. 4.4 Trucks and Equipment The Offeror must owrdpossess trucks that are equipped to haul and pre -batch chemicals, water, and surfactant and be able to triple rinse on site. All tanks shall be DOT -approved meeting 406 specifications or newer. V. COST PROPOSAL 5.1 The unit and total prices included in Exhibit B shall include all Offeror's costs including travel required to and from the respective site and all other associated direct and indirect overhead costs. 5.2 The contract term shall be for a one year period with two, one year renewals, said date of term beginning upon City's date of formal approval. VI. REPORTING REQUIREMENTS The Offeror shall provide documentation of the flight operations and herbicide coverage. The documentation shall include: a. An area map of application b. Total acres applied c. Chemical(s) used d. Rate of application and percent of formulation (active ingredient) e. Environmental factors during application (wind speed/direction, temperature, etc.) f. Name of applicator g. Date and time of application h. Spray Reports that meet Department of Agriculture requirements i. GPS-generated Spray Maps VII. EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: a) Experience — The Offeror's experience in providing the services as requested in the specifications. (25%) b) Responsibility — The Offeror who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance as required by these specifications. (20%) c) Capability and Skill — Offeror's capability, flexibility and skill to perform the services stated in the specifications. (10%) d) Responsiveness — The degree to which the Offeror has responded to the purpose and scope of work. (10%) e) Record of performance based on previous work with the City and/or other client references. (10%) f) Cost (25%) EXHIBIT B City of Lubbock, TX RFP 14-11810-DT Brush Control Nlanagement in the Lake Alan Henry Watershed Price Proposal Sheet ITEM DESCRIPTION RATE/PRICE La Price for Aerial Application of the Herbicide (Arsenal with a $ i Q5 oo surfactant labeled for use over/or adjacent to water at a rate of Per Acre 15 gallons per acre) on 101 to 200 acres of saltcedar Alternate Price for Aerial Application of the Herbicide (Arsenal with a $ OS 00 I surfactant labeled for use over/or adjacent to water at a rate of Per Acre .b 15 gallons per acre) on 201 to 500 acres of saltcedar Alternate Price for Aerial Application of the Herbicide (Arsenal with a $ 105.00 Ix surfactant labeled for use over/or adjacent to water at a rate of Per Acre 15 gallons per acre) for greater than 500 acres of saltcedar 2 Preliminary flight over the watershed to allow city staff to $ 0 for Pirsf )tour document the saltcedar kill rates from previous year and to per Hourjs show the pilot the current target area for herbicide application Time Required for performance of work = /— 2 Days weather permitting Offeror shall mobilize and begin treatment within a 10 day notification_ Offeror shall guarantee that their herbicide application will provide control of the treated areas measured by the lack of regrowth for at least three (3) years after the treatment on at least 85% of the treated area. For purposes of this guarantee, each contiguous area shall be considered individually, and the guarantee shall be considered met if 85% of that contiguous area is controlled. For areas not meeting this requirement, the Offeror agrees to provide re - treatment at no cost to the City. Offeror Accepts this Stipulation Yes X No Prepared by: Adem I a AW7 Title: Aajke Ao P, Man43e41- fir, Will r o 4- hour, Should t able Date' .S I iq [over 411 are4's ,n 1+Ss A4n 1 hoist. �n7 gcld;fio�d � Su��01'j FI 15 oel-iona �fyi't1 you u,aNld I+lee �o do .;It be .01000." eor hour. . r i �WPROViNE. rr HELICOPTERS 77 44-0111*0 AWAAC, i. P *i Y 308 Airport Rd. Greenwood-Leffore Airport Greenwood, MS 38930 662-453-9466 Provine Helicopters Provine Helicopters was established in 1985 in Greenwood, Mississippi by Bob Provine. Since then we have grown from a one helicopter operation to six company - owned Bell JetRanger Ill's, 20 ground -support vehicles, and 25 employees, Since 1985 we have specialized in aerial application throughout the United States. Operating under a FAR part 137 certificate, Provine's combination of state-of-the-art equipment and experienced pilots and ground crews guarantees the most professional aerial application program money can buy. Safety is our First priority Provine Helicopters has an excellent safety program. Each year, Provine's employees attend a mandatory, one week safety conference. Provine is one of only two aerial applicators in the southern United States who run their own recertification program and we have been doing so since 1990. Held at our headquarters at the Greenwood -Lenore Airport, a wide range of programs are presented, including three days of recurrent pilot training, seminars on helicopter accident prevention, pesticides -*.ind their safe Dandling and application, as well as speakers from :.Wulatory agencies and several chemical companies. In addition to the weeklong annual safety meeting, we also hold a one -day mid -season safety meeting and perform random unannounced spot checks in the Reid. Services Provine Helicopters offers aerial application of pesticides for: ❖ Forestry :• Right of Way ❖ Range and Pasture + Row crops r Aquatics •3 Granular appications We are capable of tailoring a program to fit any application needs the customer may have. Provine Helicopters works closely with professionals in each area to ensure that we are using the correct equipment and methods in order to obtain the best results from every application. Equipment Helicopters Provine Helicopters owns six Bell Jetranger Blll's Provine aircraft are equipped with Simplex spray systems including a belly tank, sectional booms and hydraulic pumps. Our booms can be outfitted with a wide array of Accuflow or CP nozzles to fit any application requirements. We utilize the popular Hemisphere GPS Satloc system coupled with an Intelliflow variable rate controller. The Satloc system consists of a moving map in the cockpit that 'paints" previously sprayed areas to prevent overspray and allow the pilot to maintain uniform application. On large enough areas, a lightbar permits a standard swath pattern to further cut down on over spray. The Intelliflow controller maintains constant gallons per acre output regardless of speed flown. This is critical when maneuvering along a river or streambed. The Satloc system capabilities include: •:• Moving map display ❖ Lightbar guidance ❖ Shapefile upload and download ❖ Shapefile production :• Overspray warning ❖ Intelliflow flow control coupling Batch Trucks Provine Helicopters has 10 batch trucks capable of supporting the helicopters on site for each job. These trucks are equipped with a 4100 gallon aluminum tank divided into 3 compartments. The front compartment is a 500 gallon fuel tank. In the middle is a 3000 gallon fresh water tank which has the capability of being able to load from the top or bottom and is equipped with anti -syphoning measures to prevent any possibility of water source contamination. The third compartment is a 600 gallon batching tank. Each truck is equipped with individual pumps for fuel, fresh water, and chemical. Two separate meters are used for batching chemical and loading the helicopter tank. Each truck has the capability of triple rinsing all chemical containers and the rinse water being added to the batch. There are two-way radios in each truck with exterior speakers mounted on the rear of the truck for communication with the pilot. Every truck is equipped with a landing pad on top that facilitates loading and gives more flexibility for landing zone selection. Crew Trucks Each helicopter has at least one crew truck. This truck is a 3/4 ton pickup truck with a lift gate and a trailer for transporting chemical. All of our crew trucks. are equipped with 1aptops running Delorme Xmap software for GPS navigation. This system can take shapeflle uploads which means easier location and access of each site. Personnel Pilots Provine pilots are professional aerial applicators with over 100 years of combined experience. Pilots are required to participate in flight safety training once a year. Each pilot is licensed for aerial application In multiple states and must attend yearly recertification training in order to maintain these licenses. Ground crews Ground crews consist of a crew leader and one or two truck drivers. The crew leader's responsibilities include handling day to day logistics, transporting and batching chemical, coordinating with the customer and monitoring the weather. Batch truck drivers have CDL, hazmat and tanker license and are responsible for hauling water for the operation, loading and fueling the helicopter. All drivers follow DOT regulations and undergo random drug and alcohol testing. GPS & GIS As stated previously, Provine has equipped its helicopters with the latest SATLOC guidance systems. We have a GIS specialist on staff to handle all of our GISIGPS needs. Uploads for the Satloc system are generally supplied to Provine Helicopters in ESRI shapefile format. We can take any projections, but we prefer WGS-84 when possible. These uploads are displayed on the moving map so there is no question as to exactly what is to be sprayed. After a job is done the spray files are downloaded as Satloc log files and can be converted into shapefiles in any projection needed. This makes it possible for us to provide the customer with .any form of post application maps desired. Whether it be simple paper maps or Arcview shapefEles, the customer will receive an accurate summary of each job. For more information contact: Michael McCool [CEO] 662--453-Mfi Adam Tatum (Sales) 662-752-9787 Or visit our website www.provinebellcapters.com EXHIBIT C City of Lubbock, TX RFP 14-11810-DT Revised Insurance SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE(S) HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE Aircraft Liability General Aggregate Product-Comp/Op Agg Contractual Liability Automotive Liability Combined Single Limit Any Auto Workers Compensation Or Employer's Liability or Occupational Medical & AMOUNT $500,000 $1,000,000 Statutory Amounts $1,000,000 The City of Lubbock shall be named as additional Insured on Auto/General Liability on a primary and non-contributory basis and to Include products of completed operations endorsement with a waiver of subrogation in favor of the City on all coverage's. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insured, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13'h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disappproval, or failure to act by the City regarding any Insurance supplied by the Contractor shall not relleve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.