HomeMy WebLinkAboutIndependent Contractor Services Agreement with Lawn Co for Landscape Maintenance Services 2015-2017AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
LANDSCAPE MAINTENANCE SERVICES 2015 - 2017
PROJECT # 10151.A
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SERVICES is
made this 3RD day of March, 2015, and entered into by and between the City of Meridian, a
municipal corporation organized underthe laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lawn Co., hereinafter referred
to as "CONTRACTOR", whose business address is 2581 Wildwood, Boise, ID 83713.
INTRODUCTION
Whereas, the City has a need for services involving LANDSCAPE
MAINTENANCE SERVICES 2015 - 2017; and
WHEREAS, the Contractor is specially trained, experienced and competent to
perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement
and receipt of the City's written notice to proceed, all services and work, and comply in all
respects, as specified in the document titled "Scope of Work" a copy of which is attached
hereto as "Attachment A" and incorporated herein by this reference, together with any
amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or produced by the
Contractor under this Agreement, including without limitation electronic data files, are the
property of the Contractor; provided, however, the City shall have the right to reproduce, publish
and use all such work, or any part thereof, in any manner and for any purposes whatsoever and
to authorize others to do so. If any such work is copyrightable, the Contractor may copyright
the same, except that, as to any work which is copyrighted by the Contractor, the City reserves
a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work,
or any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement consistent with the
requirements and standards established by applicable federal, state and city laws, ordinances,
regulations and resolutions. The Contractor represents and warrants that it will perform its work
in accordance with generally accepted industry standards and practices for the profession or
professions that are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any representations made
Landscape Maintenance Services 2015 — 2017 Page 1 of 20
or contained in any proposal submitted by the Contractor and any reports or opinions prepared
or issued as part of the work performed by the Contractor under this Agreement, Contractor
makes no other warranties, either express or implied, as part of this Agreement.
1.4 Services and work provide by the contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of Work, which
the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon
mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Monthly basis as provided in Attachment
B "Payment Schedule" attached hereto and by reference made a part hereof for a Not -To -
Exceed amount of $417,925.00.
2.2 The Contractor shall provide the City with a monthly statement per the attached payment
schedule, as the work warrants, of fees earned and costs incurred for services provided during
the billing period, which the City will pay within 30 days of receipt of a correct invoice and
approval by the City. The City will not withhold any Federal or State income taxes or Social
Security Tax from any payment made by City to Contractor under the terms and conditions of
this Agreement. Payment of all taxes and other assessments on such sums is the sole
responsibility of Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to
no receive from the City any additional consideration, compensation, salary, wages, or other
type of remuneration for services rendered under this Agreement., including, but not limited to,
meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall
not be entitled by virtue of this Agreement to consideration in the form of overtime, health
insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and shall
expire upon (a) completion of the agreed upon work, (b) September 30, 2017, or (c) or unless
sooner terminated as provided in Sections 3.2, 3.3, 3.4, 3.5, 3.6 and Section 4 below or
unless some other method or time of termination is listed in Attachment A.
3.2 Contract Extensions: Two one (1) year extensions, based on the RFP PKS-15-
10151.a proposal dated January 23, 2015, may be entered into if approved by City Council and
contract is amended in writing and signed by both parties.
3.3 Non -Appropriation of Funds: If City Council fails to appropriate funds for this
agreement for any fiscal year then this agreement will terminate, with no consequence to the
City, at the end of September of the last year of appropriated funds.
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3.4 Should Contractor default in the performance of this Agreement or materially breach
any of its provisions, City, at City's option, may terminate this Agreement by giving written
notification to Contractor.
3.5 Should City fail to pay Contractor all or any part of the compensation set forth in
Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may
terminate this Agreement if the failure is not remedied by the City within thirty (30) days from
the date payment is due.
3.6 This Agreement shall terminate automatically on the occurrence of any of the
following events: a) Bankruptcy of insolvency of either party; b) Sale of Contractor's business;
or c) Death of Contractor.
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to
fulfill in a timely and proper manner its obligations under this Agreement, violates any of the
covenants, agreements, or stipulations of this Agreement, falsifies any record or document
required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of
misconduct in the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the
right to terminate this Agreement by giving written notice to CONTRACTOR of such termination
and specifying the effective date thereof at least fifteen (15) days before the effective date of
such termination. CONTRACTOR may terminate this agreement at any time by giving at least
sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished documents, data,
and reports prepared by CONTRACTOR underthis Agreement shall, atthe option of the CITY,
become its property, and CONTRACTOR shall be entitled to receive just and equitable
compensation for any work satisfactorily complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR forthe purposes
of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is
determined. This provision shall survive the termination of this agreement and shall not relieve
CONTRACTOR of its liability to the CITY for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an
independent contractor, and neither CONTRACTOR nor any officer, employee or agent of
CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in
Attachment A, Contractor has no authority or responsibility to exercise any rights or power
vested in the City and therefore has no authority to bind or incur any obligation on behalf of the
City. The selection and designation of the personnel of the CITY in the performance of this
agreement shall be made by the CITY.
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5.2 Contractor, its agents, officers, and employees are and at all times during the term
of this Agreement shall represent and conduct themselves as independent contractors and not
as employees of the City.
5.3 Contractor shall determine the method, details and means of performing the work and
services to be provided by Contractor under this Agreement. Contractor shall be responsible to
City only for the requirements and results specified in this Agreement and, except as expressly
provided in this Agreement, shall not be subjected to City's control with respect to the physical
action or activities of Contractor in fulfillment of this Agreement. If in the performance of this
Agreement any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all
losses, claims, actions, judgments for damages, or injury to persons or property and losses and
expenses and other costs including litigation costs and attorney's fees, arising out of, resulting
from, or in connection with the performance of this Agreement by the CONTRACTOR, its
servants, agents, officers, employees, guests, and business invitees, and not caused by or
arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain
and specifically agrees that it will maintain, throughout the term of this Agreement liability
insurance, in which the CITY shall be named an additional insured in the minimum amounts as
follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence,
Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and
Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and save and hold
harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits,
herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, orjudgments for damages or injury
to persons or property and other costs, including litigation costs and attorneys' fees, arising out
of, resulting from , or in connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives or subcontractors and resulting in or
attributable to personal injury, death, or damage or destruction to tangible or intangible
property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance,
or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of
this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the
date Contractor begins performance of it's obligations under this Agreement. In the event the
insurance minimums are changed, CONTRACTOR shall immediately submit proof of
compliance with the changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
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6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be
primary insurance regarding the City's elected officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City or the City's elected officers, officials,
employees and volunteers shall be excess of the Contractor's insurance and shall not
contribute with Contractor's insurance except as to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and
indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the Contractor and
Contractor's agents, representatives, employees or subcontractors.
7. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed as follows:
CITY
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, ID 83642
208-888-4433
CONTRACTOR
LAWN Co.
Attn: Stephanie Hale
2581 Wildwood
Boise, ID 83713
Phone: 208-323-0234
Email: shale(a)lawnco.net
Either party may change their address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief
as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of
competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly
of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a
default under, this Agreement by the party so failing to perform.
10. Assignment: It is expressly agreed and understood by the parties hereto, that
CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights
under this Agreement except upon the prior express written consent of CITY.
11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR
shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation
against any person on the basis of race, color, religion, sex, national origin or ancestry, age or
disability.
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12. Reports and Information:
12.1 At such times and in such forms as the CITY may require, there shall be furnished to the
CITY such statements, records, reports, data and information as the CITY may request
pertaining to matters covered by this Agreement.
12.2 Contractor shall maintain all writings, documents and records prepared or compiled in
connection with the performance of this Agreement for a minimum of four (4) years from the
termination or completion of this or Agreement. This includes any handwriting, typewriting,
printing, photo static, photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words, pictures, sounds or
symbols or any combination thereof.
13. Audits and Inspections: At any time during normal business hours and as often as
the CITY may deem necessary, there shall be made available to the CITYfor examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts ortranscripts from
such records, and to make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters covered by this
Agreement.
14. Publication, Reproduction and Use of Material: No material produced in whole or in
part under this Agreement shall be subject to copyright in the United States or in any other
country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in
whole or in part, any reports, data or other materials prepared under this Agreement.
15. Compliance with Laws: In performing the scope of work required hereunder,
CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State,
and local governments.
16. Changes: The CITY may, from time to time, request changes in the Scope of Work to
be performed hereunder. Such changes, including any increase or decrease in the amount of
CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY
and CONTRACTOR, shall be incorporated in written amendments which shall be executed with
the same formalities as this Agreement.
17. Construction and Severability: If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
18. Waiver of Default: Waiver of default by either party to this Agreement shall not be
deemed to be waiver of any subsequent default. Waiver or breach of any provision of this
Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
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19. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the opportunity to
seek such advice.
20. Entire Agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral of written, whether previous
to the execution hereof or contemporaneous herewith.
21. Order of Precedence: The order or precedence shall be the contract agreement, the
Invitation for Bid document, then the winning bidders submitted bid document.
22. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or
documents received from the Contractor may be open to public inspection and copying unless
exempt from disclosure. The Contractor shall clearly designate individual documents as
"exempt" on each page of such documents and shall indicate the basis for such exemption.
The CITY will not accept the marking of an entire document as exempt. In addition, the CITY
will not accept a legend or statement on one (1) page that all, or substantially all, of the
document is exempt from disclosure. The Contractor shall indemnify and defend the CITY
against all liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to designate
individual documents as exempt. The Contractor's failure to designate as exempt any
document or portion of a document that is released by the CITY shall constitute a complete
waiver of any and all claims for damages caused by any such release.
23. Applicable Law: This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
24. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
End of Text. Signatures to follow on next page.
Landscape Maintenance Services 2015 — 2017 Page 7 of 20
Signature Page
City of Meridian Landscape Maintenance Services 2015-2017
RFP PKS-15-10151.a
CITY OF MERIDIAN
BY: e-c'c>r-L, ()—,
Dated: c3 .3 //5
-
Approved by Council:
LAWN C
BY:
Stephanie H le
Dated: 2 J a-3 / J
JAYCEE �,MOLMAN, CITY CLE ,t$_/'¢/1-PIDIA_N�-
ml
^r STl
,
Purchasing Appr val �r°R , °Uepartr
BY: ( Ax KEIT A S, ur asing Manager STE
Director
Dated::.212 5�5
Project Manager
Roger NorberNorbera
Dated:: 23
Recreation
Landscape Maintenance Services 2015 — 2017 Page 8 of 20
Attachment A
SCOPE OF WORK
• SPECIAL CONDITIONS CITY OF MERIDIAN CONTRACT SITES
• LANDSCAPE MAINTENANCE STANDARDS AND SPECIFICATIONS
REFER TO REQUEST FOR PROPOSAL PKS-15-10151.A
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Request for Proposal Package # PKS-15-10151.a, are by this reference
made a part hereof.
Landscape Maintenance Services 2015 — 2017 Page 9 of 20
SPECIAL CONDITIONS
CITY OF MERIDIAN CONTRACT SITES
Note on Price Codes; 1) Price Codes are for internal use only. Contractor shall bill invoices with reference to
either Price Code 1 or 2. Price Code 2 locations are billed out to a separate department.
Landscape Maintenance Services 2015 — 2017 Page 10 of 20
Site
Price
Code Location
1
CHID Drain 41
1
S/W Corner Franklin & S Locust Grove
2
ACHD Drain #2
1
N/E Corner Overland & Meridian Road
3
ACHD Drain #3
1
S Locust Grove, East of Locust View Lane
4
ACHD Drain #4
1
Ustick Between Eagle & Cloverdale on South Side
5
ACHD Drain #5
1
Chinden and Linder South and West of Intersection
6
ACHD Drain #6
1
S/E corner of Carmel Drive and Meridian Road
7
Removed
8
Centennial Park
1
223 East Idaho Avenue
9
City Hall Park Cox Monument
1
Corner of Main Street & East Idaho Avenue
10
City Hall Plaza
1
33 E Broadway Avenue
11
Fire Station #1
1
540 Franklin
12
Fire Station #2
1
2401 Ten Mile Road
13
Fire Station #3
1
3545 S Locust Grove Road
14
Fire Station #4
1
2515 South Eagle Road
15
Fire Station #5
1
6001 Linder
16
IFire Safe House
1
1901 E. Lei hfield Drive
17
Fothergill Pathway
1
SE Corner Meridian Road & Woodbury
18
Generations Plaza, Splash Pad Deck Sweep
1
804 N Main Street
19
Locust Grove Well House
2
3468 S Locust Grove Road
20
Old City Hall
1
33 East Idaho Avenue
21
Overland Pump House
2
Overland & SE 5th Way
22
Pine Street Parking Lot
1
Pine & Main NE of Generations Plaza
23
Pine Street School
1
West of 611 NW 1st Street
24
Police Station
1
1401 E Water Tower + addition and Public Safety Training
Center
25
Split Corridor Main St.
1
Main Street Meridian
26
Split Corridor Meridian Rd
1
Meridian Road
27
Split Corridor North Curve
1
Main and Franklin
28
Ten Mile Interchange
1
Ten Mile & 1-84
29
Water Department
1
2235 NW 8th Street
30
lWater Tower
2
1254 East Watertower Road
0B
2
Willow Brook & Jericho Lock Combo 3330
5
2
Sunn Slope and Linder
tWell
2
North of 1098 Hickory(Keys on Board
2
6075 N Locust Grove Road
2
South Ten Mile b Storage Facility
2
aconic West off Eagle Between Victor /Lake Hazel
Note on Price Codes; 1) Price Codes are for internal use only. Contractor shall bill invoices with reference to
either Price Code 1 or 2. Price Code 2 locations are billed out to a separate department.
Landscape Maintenance Services 2015 — 2017 Page 10 of 20
LANDSCAPE MAINTENANCE STANDARDS AND SPECIFICATIONS
GENERAL STANDARDS
1.1. Guarantee And Replacement
1.2. Contractor Staff Training And Experience
1.3. Owner/Contractor Communication
1.4. Maintenance Record Keeping
1.5. Landscape Service Scheduling
2. SCOPE OF WORK
2.1. General Practice Guidelines For Materials And Execution
3. MATERIALS AND EXECUTION - INTEGRATED PEST MANAGEMENT, INSECTICIDE
APPLICATIONS, AND WEED CONTROL
3.1 Integrated Pest Management (Ipm)
3.2. Pest Monitoring
3.3. Insecticide Applications
3.4. Weed Control
4. MATERIALS AND EXECUTION - TURF MAINTENANCE
4.1.
Turf Mowing
4.2.
Turf Mowing Schedule
4.3.
Turf Edging And Trimming
4.4.
Turf Fertilization
4.5.
Turf Crabgras Control
4.6.
Turf Aerating And De -Thatching
5. MATERIALS AND EXECUTION —TREES. SHRUBS, VINES GROUNDCOVER
MAINTENANCE
5.1. Trees, Shrubs, Vines And Groundcover Fertilization
5.2 Shrubs, Vines And Groundcover Weed, Pest And Disease Control
5.3 Pest And Disease Control
5.4. Trees, Shrubs, Vines And Groundcover Pruning
MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE
6.1. Leaf And Branch Removal
6.2. Landscape Debris Removal
6.3. Landscape Trash Removal
6.4. Mulch Replacement
6.5. Other Area Maintenance
7. MATERIALS AND EXECUTION — IRRIGATION SYSTEMS
7.1. General Irrigation System Operation
7.2. Irrigation System Monitoring
7.3. Irrigation System Maintenance, Winterization And Re -Activation
7.4. Irrigation System Repair And Renovation
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Landscape Maintenance Standards and Specifications
Overview: The City of Meridian Parks and Recreation (Owner) believes that work performed by qualified
professionals will create a landscape that is healthy, resource efficient, sustainable, and cost efficient to
manage.
It is the Owner's expectation that the Contractor's proposal will comply with these professionally based
standards and specifications. It should be the Contractor's expectation that the Owner will only consider
awarding the contract to a Contractor whose proposal shows compliance. The Contractor should also
expect adherence to these standards throughout the course of the contract.
The following standard outlines the scope of services and responsibilities required of the Contractor. The
specifications outline the quantity and category of work required. This contract will commence the second
week of March and run for 36 consecutive weeks each calendar year. IE: March 09, 2015 to November
16, 2015
The contract (Attachment D) provides definitions of terms and other contract requirements such as
insurance and licensing standards, code enforcement, work authorizations, and compliance with laws.
1. GENERAL STANDARDS
1.1. GUARANTEE AND REPLACEMENT
1.1.1. Contractor shall replace, at no additional cost to Owner, any turf or plant materials damaged
because of improper maintenance attention or procedures. Replacement material shall be of
the same size and variety as the dead or damaged material. Replace plant material within
one working week of identification of damage. No changes to size, variety, and scheduling of
replacement accepted unless accompanied by written permission.
1.1.2.Contractor is not responsible for losses, repair or replacement of damaged work or plant
material resulting from theft, extreme weather conditions, vandalism, vehicular incidents
(other than Contractor's vehicles) or the acts of others over whom they have no reasonable
control.
1.1.3. Contractor shall inform Owner of all plant losses including those not covered by warranty
and unrelated to the maintenance activities. Provide Owner with the cause of the plant loss,
and provide recommendations for replacement along with pricing for replacement.
1.2. CONTRACTOR STAFF TRAINING AND EXPERIENCE
1.2.1.Contractor will provide staff able to perform work at the highest standards of horticultural
excellence. Key staff shall have current knowledge of best management practices (BMP's)
regarding: safety, hazardous materials spill response, plant health, pruning, integrated pest
management, pesticide application, and irrigation maintenance.
1.2.2. Contractor's personnel shall be identifiable with company logoed shirts at all times when
working on city property.
1.2.3. Contractor's personnel shall be subject to background checks.
1.2.4.All work performed, will be under the direct supervision of a Certified Landscape Technician
(CLT).
1.2.5.All pesticide applications performed, will be by a Professional Applicator licensed by the
Idaho State Department of Agriculture certified in all appropriate categories. Provide license
numbers to Owner prior to award of contract.
1.2.6.No pruning of trees under this contract.
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1.3. OWNER/CONTRACTOR COMMUNICATION
1.3.1.Contractor to provide an Account Manager to act on Owner's behalf regarding all matters
pertaining to the performance of the Landscape Service Contractor must notify Owner when
the Account Manager will be on vacation or other leave of absence and who will serve as a
substitute.
1.3.2.Provide Owner with an emergency contact list identifying the names, positions held, and
phone numbers of key maintenance personnel. Provide mobile and/or pager numbers for all
key employees including Account Manager, Landscape Maintenance Manager and Site
Supervisor.
1.3.3.Attend meetings and site inspections of the grounds as requested by Owner.
1.4. MAINTENANCE RECORD KEEPING
1.4.1.Contractor shall maintain a log of each application of fertilizer, pesticide (includes
herbicides), and/or other chemicals.
1.4.2.Keep all pesticide application records in accordance with Idaho State Department of
Agriculture. http://www.agri.state.id.us/index.phD
1.4.3.Supply the Owner with written copies of chemical application records monthly or as
requested.
1.5. LANDSCAPE SERVICE SCHEDULING
1.5.1.Provide a written schedule for regular maintenance service days by area and submit to
Owner for review.
1.5.2. Contractor must be willing to adjust schedule to avoid conflicts due to events or unforeseen
circumstances. In any event, the Contractor is expected to understand the dynamics of
working with the city and should expect to remain flexible to any changing conditions within
reason.
1.5.3.All maintenance activities where public interacts shall be performed Monday thru Friday from
7:00 AM to 4:00 PM.
1.5.4.Saturday maintenance activities on non-public areas such as retention basins are allowed;
however all schedules will be reviewed and so expectations of Contractor and Owner are
met.
2. SCOPE OF WORK
2.1. GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION
2.1.1.The intent of this document is a benchmark of the Owner's minimum standards for
maintenance, repair, and improvements. With that, the Owner respects the Contractor as a
professional and as such, will take under consideration, recommendations for
improvements.
2.1.2. Contractor shall furnish all labor, equipment, and materials necessary to complete the
maintenance of turf and plantings, as specified herein. It is the intent of the Owner that all
sites are maintained in a resource -efficient, sustainable, and cost-effective manner.
2.1.3. Maintenance shall consist of fertilization, pruning, mowing, irrigation, Integrated Pest
Management (IPM), weed/insect/disease control, litter control, and any other procedures
consistent with good horticultural practice necessary to ensure normal, vigorous, and
healthy growth of turf and landscape plantings.
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2.1.4.When performing any work requiring subsurface excavation, Contractor shall take care to
avoid damage to existing utilities and vegetation. Contractor shall contact DIGLINE INC. at
1.208.342.1583.
2.1.5.AII turf shall be mowed with professional quality mulch -mow equipment.
2.1.6. Contractor is expected to keep and maintain professional equipment and tools sufficient for
properly executing this contract.
3. MATERIALS AND EXECUTION — INTEGRATED PEST MANAGEMENT, INSECTICIDE
APPLICATIONS, AND WEED CONTROL
3.1. INTEGRATED PEST MANAGEMENT (IPM)
3.1.1.Owner strongly encourages environmentally sensitive maintenance practices. Employ the
principles of integrated pest management (IPM). The intent is to limit any insecticide or
herbicide applications through healthy landscape management practices.
3.1.2.IPM is an approach to pest control that utilizes regular monitoring to determine necessary
treatments and employs physical, mechanical, cultural, biological, and educational tactics to
keep pest numbers low enough to prevent unacceptable damage or annoyance.
3.2. PEST MONITORING
3.2.1.Pest monitoring and inspections to include the following:
1. Contractor shall visually inspect all landscape areas once weekly from April through
September to identify insect, and disease infestations and provide owner with findings.
3.3. INSECTICIDE APPLICATIONS
3.3.1.AII insecticide applications shall be preceded by positive pest identification. Submit these
findings in writing to Owner prior to any pesticide application.
3.3.2.AII pesticides must be EPA approved and applied by an Idaho Department of Agriculture
licensed Professional applicator per the label directions and in accordance with the rules set
forth by the ISDA. All chemicals used must have a MSDS filed with Owner. For complete
information, reference: www.agri.state.id.us/index.php
3.3.3. Contractor is responsible to verify that pesticides are appropriate for use with the respective
plant materials. Contractor is responsible for any damages incurred because of applications
and shall repair or replace any such damage at no cost to Owner.
3.3.4.Monitor all turf areas for infestation of Billbug and other harmful insects. Advise Owner of
presence and severity of infestations.
3.4. WEED CONTROL
3.4.1.The Contractor will maintain a weed free landscape.
3.4.2.Treat all turf areas with "Trimec Low Odor" herbicide to control emerged weeds.
3.4.3. Contractor must exercise caution as to avoid overspray of turf herbicide into tree wells or
onto hardscapes.
3.4.4.Control emerged weeds in shrub beds mechanically or chemically with products containing
"glyphosate" systemic herbicide.
Landscape Maintenance Services 2015 —2017 Page 14 of 20
3.4.5.The use of pre -emergent herbicides is encouraged.
4. MATERIALS AND EXECUTION — TURF MAINTENANCE
4.1. TURF MOWING
4.1.1.Mow all turf with professional quality mulching mower equipment. Owner reserves the right
to modify, and or cancel contract in the event the owner feels that equipment utilized by the
contractor is inappropriate for use on owner's property.
4.1.2.Pricing assumes that bagging and removing clippings will be required only when excessive
leaf debris is present, turf is too long to mulch, or when moisture conditions are too high to
allow effective mulching without substantial clumping of turf debris
4.1.3. Remove litter and debris from lawn areas prior to mowing. Mow turf areas to height of no
less than 1-1/2 inches and no more than 2-1/2 inches. Coordinate all mowing schedules with
Owner. Mow in alternate directions where feasible. Maintain a uniform lawn height free from
scalping.
4.1.4.Never allow mower wheels or blade decks to encroach into tree wells.
4.1.5.Replace anything damaged at no cost to Owner.
4.1.6. Properly maintain tree wells.
4.1.7.Sweep or blow all clippings and trimmings from hardscapes upon completion of each
mowing.
4.2. TURF MOWING SCHEDULE: Contract for 2015 is. Mar 9 through to Nov 16
4.2.1.March minimum 2 mow, trim, blow
4.2.2.April, May, June, July, August, September, weekly mow, trim, blow
4.2.3.October three mow, trim, blow
4.2.4.Ten Mile Interchange Fescue: Spring and Fall, Mow/Trim 2 times to maximum height of 6".
All other times, maintain 2' buffer edge along walks with maximum 6" turf height. Boundaries
of Ten Mile are confined to the irrigation system coverage.
4.3. TURF EDGING AND TRIMMING
4.3.1. Mechanically edge/ trim all landscape turf edges every mowing. Edges include all lawn
perimeters and tree wells in lawn areas. Blow or sweep debris from hardscapes and non -turf
landscape areas. All trash is to be removed and disposed of.
4.3.2. Contractor is responsible for damages incurred as a result of trimmer and edger damage to
trees and shrubs, hardscape and irrigation components and must repair or replace any such
damage at no cost to Owner. Properly maintain tree wells to minimize such damage.
4.4. TURF FERTILIZATION
4.4.1.Contractor will provide a written fertilizer schedule for each calendar season, including type
and amounts of each product included in application for approval.
Landscape Mainlenance Services 2015 — 2017 Page 15 of 20
4.4.2. Fertilize landscape turf areas as required to provide vigorous deep rooting and a healthy
green appearance.
4.4.3.Approved fertilizer schedule must include a minimum of four applications per year, with no
less than one pound of N per thousand square feet per application.
4.5. TURF CRABGRAS CONTROL
4.5.1. Contractor is responsible to maintain turf free of crabgrass. Use Dimension or approved
equal pre -emergent herbicide at label rates.
4.6. TURF AERATING AND DE -THATCHING
4.6.1.Aeration or de -thatching will be performed as add on in this contract
5. MATERIALS AND EXECUTION — TREES, SHRUBS, VINES, ORNAMENTAL GRASSES, AND,
GROUNDCOVER MAINTENANCE
5.1. TREES, SHRUBS, VINES AND GROUNDCOVER FERTILIZATION
5.1.1.Shrubs, vines and groundcovers: Fertilize in March or April with slow-release 1-1-1 nutrient
ratio (N -P -K)
5.1.2. Perennials: Fertilize in June with same fertilizer used above per manufacturer's
recommended rates.
5.1.3. Ornamental grasses: Fertilize in September with turf fertilizer approved in turf section above.
Fertilize per manufacturer's recommended rates.
5.2. PEST WEED AND DISEASE CONTROL
5.2.1. Keep planter beds and tree wells free of weeds and debris. Trim groundcovers so they meet
but do not grow over walkways or outside any of the planters.
5.2.2.The use of herbicides containing "Glyphosate" as an active ingredient is permitted in shrub
beds.
5.2.3.Use of broadleaf herbicides is not permitted in shrub beds
5.2.4.Use of pre -emergent herbicides is permitted in shrub beds
5.2.5.Control of Insects and Diseases: The control of pests and diseases on shrubs, vines, and
groundcovers are not included in this contract. If upon proper pest monitoring and
identification the use of pesticides is required, provide owner with a written proposal for
consideration.
5.3. TREES, SHRUBS, VINES AND GROUNDCOVER PRUNING
5.3.1.Trained personnel in accordance with accepted horticultural practices must only perform
pruning. Prune to enhance the natural growth and shape of plant materials and intended
function of the planting. Shearing is only permitted for formal hedges. Prune back branches
as needed when interfering with walks, buildings, signage, fire control utilities, site lighting,
security/safety visibility, site lighting, and vehicular circulation. Prune dead and broken
branches as frequently as required.
5.3.2.Tree pruning is not in this contract. Leeway is granted for removal of low hanging limbs that
interfere with mow operations and/or pedestrian access. Prune just outside the branch collar
in accordance with accepted horticultural practices.
5.3.3.Replace plant materials that are disfigured or damaged due to improper pruning at no
additional cost to Owner
5.3.4.Prune plantings on a rotational basis appropriate to site, need, and season and plant
species. At a minimum, plants must be pruned once
Landscape Maintenance Services 2015 — 2017 Page 16 of 20
5.3.5.Cut to ground and remove debris of all Day Lilies one time per season. This shall occur in
autumn just prior to the final service day
5.3.6. Periodically inspect and adjust any tree staking.
5.3.7.Basil suckers shall be removed by pruning, no herbicides are allowed for sucker control.
5.3.8.Should the services of an ISA -certified arborist be required for tree pruning, the City is to be
contacted for evaluation and input. This is considered an additional service.
5.4. ORNAMENTAL GRASSES
5.4.1.Ornamental Grasses with growth heights that could collapse from snow and ice, and then
impede sidewalk safety or create a poor aesthetic look shall be pruned back in the fall prior
to end of 36 -week contract.
5.4.2.AII other ornamental grasses shall be pruned in early spring prior to plant coming out of
dormancy. Dead stalks inside of clump shall be removed to prevent interior rot.
6. MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE
6.1. LEAF AND BRANCH REMOVAL
6.1.1.Keep walks, plazas, planting beds and lawn areas free of leaves and branches.
6.1.2.Leaves shall be mulch mowed when leaf fall is not excessive and turf health is not adversely
affected.
6.1.3. In autumn, leaf removal shall occur at each visit.
6.1.4. Excessive branch and debris cleanup from storm damage is not included in the contract
work and is considered an additional service at Owner's request.
6.2. LANDSCAPE DEBRIS REMOVAL
6.2.1.Remove and dispose of all landscape debris, the use of onsite dumpsters for disposal of
landscape debris is not permitted.
6.3. LANDSCAPE TRASH REMOVAL
6.3.1. Remove all trash from landscaping beds, tuff areas, and parking lots to an approved trash
container onsite on a weekly basis. For large amounts of trash, or if there is no approved
trash container onsite, Contractor shall haul it away for appropriate disposal.
6.4. MULCH REPLACEMENT
6.4.1.Mulch replacement is not included in this contract.
6.4.2. Contractor shall make recommendations for mulch replacement along with cost.
6.5. OTHER AREA MAINTENANCE
6.5.1.Ten Mile Interchange: Weekly trash pickup entire site and removal for duration of 36 -week
contract with: alternate proposal for remainder of year (monthly service)
6.5.2.Fothergill Pathway: Weekly trash pickup entire site for duration of 36 week contract with:
alternate proposal for remainder of year (monthly service)
6.5.3. City Hall: Monday/ Friday trash removal for duration of 36 week contract with: alternate
proposal for remainder of year (weekly service)
6.5.4.Split Corridor Main, Meridian, North Curve: Weekly trash removal for duration of 36 week
contract with: alternate proposal for remainder of year (weekly service)
Landscape Maintenance Services 2015 — 2017 Page 17 of 20
6.5.5. Generations Plaza: Weekly trash pickup and removal for duration of 36 week contract with:
alternate proposal for remainder of year (weekly service)
6.5.6.Remainder of all contract sites: Weekly trash removal for duration of 36 week contract with:
alternate proposal for remainder of year (monthly service)
6.5.7.The Owner will provide all janitorial equipment and supplies.
7. MATERIALS AND EXECUTION — IRRIGATION SYSTEMS
7.1. GENERAL IRRIGATION SYSTEM OPERATION
7.1.1. Contractor is responsible for providing a staff completely trained and familiarized with the
setup, monitoring, and maintenance of the irrigation systems at Owner's sites.
7.1.2. Contractor is responsible for understanding the capacities and capabilities of the irrigation
system and ensuring that system adjustments or modifications do not cause landscape
water demand to exceed the hydraulic capacity of the system.
7.1.3. Contractor will establish appropriate time intervals for each valve zone in the irrigation
systems and adjust during the operating season as necessary.
7.1.4.Operate systems only during night hours. Daytime operation is permitted only when
inspecting or testing the system, after fertilizer application, for new installations and during
extreme temperatures.
7.1.5. Run times shall be sufficient to allow for saturation of the root zone without run off. This may
require "cycle and soak" scheduling in spray zones. Allow adequate run times in drip
irrigation zones.
7.1.6. Contractor will manage all irrigation systems for peak efficiency and water conservation.
Check for proper water application rates by inspecting soil moisture and health of plant
materials on a weekly basis. Adjust the irrigation frequencies as required to correct over or
under watering.
7.1.7. Contractor shall manage irrigation schedules so that irrigation is applied more deeply, but
less frequently, rather than small amounts on a daily basis.
7.1.8. Contractor and Owner will work in collaboration during water supply shortages and under
drought conditions to develop an irrigation strategy that best preserves and protects the
site's landscape investment.
7.2. IRRIGATION SYSTEM MONITORING
7.2.1.Perform Irrigation system monitoring and inspections weekly for valve operation and station
run times, sprinkler rotation and direction, erosion, broken or damaged equipment, and
paved surfaces or building walls/windows affected by irrigation spray.
7.2.2. Irrigation repairs under $125.00 permitted without prior approval
7.2.3. Irrigation repairs exceeding $125.00 approved in advance
7.2.4. The city reserves the right to perform irrigation repairs
7.2.5. Contractor shall submit an invoice with for repairs with labor and materials
7.2.6.Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is
not permitted. Immediately make adjustments, repairs, or replacements required to correct
the source of the run-off.
7.2.7.Clean and adjust heads, nozzles, valves, and drip baskets as required for correct operation
7.2.8.Properly prune plantings and remove sod and debris affecting head performance
7.2.9. Properly prune plantings and sod or debris affecting access to valves
7.2.10. Communicate to Owner any valve boxes which have settled or need attention
Landscape Maintenance services 2015 —2017 Page 18 of 20
7.3. IRRIGATION SYSTEM MAINTENANCE WINTERIZATION AND RE -ACTIVATION
7.3.1.The City is responsible for winterization of sprinkler systems
7.3.2.The City is responsible for spring start-up and initial adjustments of sprinkler systems
7.3.3.The City is responsible for backflow testing, pump startup, maintenance, and operation
7.3.4.Ten Mile Interchange, City Hall, Split Corridor Main Street, Centennial Park, and Police
Station are water managed and maintained by the City. The contractor will only report any
damages or discrepancies found and shall not be held liable for damage to plant material
due to improper soil moisture
7.3.5.Ten Mile Interchange utilizes reclaimed water. It is the contractors responsibility to
understand all Federal, State, and City of Meridian rules governing reclaimed water
7.3.6.All other sites are the responsibility of the Contractor for water management and
maintenance during the 36 week contact duration
7.4. IRRIGATION SYSTEM REPAIR AND RENOVATION
7.4.1.All repairs to the system shall be identical to the original installation, unless approved
otherwise in advance by the Owner
7.4.2.The following repair activities are considered additional services:
1. Troubleshooting and repair of controller component
2. Damage by other than Contractor vehicles
3. Pedestrian or vandalism damage
4. Special event damage
5. Construction related damage by other than Contractor's activities
6. Storm related damage, Product failure.
7.4.3. Provide the following repair or replacement work at no cost to Owner:
1. Damage due to Contractor maintenance activities
2. Damage due to work by Contractor's construction activities,
3. Always inform Owner when shutting off the systems.
Landscape Maintenance Services 2015 — 2017 Page 19 of 20
Attachment B
PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $417,925.00.
Totals are for a 36 week period.
B.
LANDSCAPE MAINTENANCE SERVICES 2015 - 2018 page 20 of 20
IDSOS Viewing Business Entity
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IDAHO SECRETARY OF STATE
0 Viewing Business Entity
Lawerence Denney, Secretary of State
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LAWN CO.
2581 WILDWOOD STREET
BOISE, ID 83713
Type of Business: CORPORATION, GENERAL BUSINESS
Status:
GOODSTANDING
State of Origin:
IDAHO
Date of 11 ]an 1994
Origination/Authorization:
Current Registered Agent:
DANIEL RITCHIE
2581 WILDWOOD STREET
BOISE, ID 83713
Organizational ID / Filing C104763
Number:
Number of Authorized Stock 1000
Shares:
Date of Last Annual Report:
14 Nov 2014
Annual Report Due:
]an 2016
Original Filing:
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Amendments:
Amendment Filed 15 Apr 2009 NAME
CHANGED TO
LAWN CO.
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Report for year 2014 ANNUAL REPORT
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Client#: 1126161 LAWNCO
ACORDP, CERTIFICATE OF LI4BILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A Mm ICK OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THI
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR. ALTER THE COVERAGE A
I3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ISSUING
tray require att endorsement. A statement on this certillcale does not confer rights to the
USI Insurance Services
3285 Elder Street
Boise, ID 83705
INSURED
Lawn Co.
2581 Wlldwood St.
Boise, ID 83713
- -"'---"""" REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00
INOICA7ED. NMAY STANDING ANY REQUIREMENT, TERM OR CONDITION
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL THE TERMS,
NgEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHONN. MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE DOL SUB
POLICY NUMBER MID OF PO 1 Y
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002175421 5/01/2014 06/D1/201
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DEACyMpOCCURRENCE. $11000000
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Proof of Coverage
CERTIFICATE HOLDER
City of Meridian SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
33 E. Broadway, Ste 206 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
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Meridian, ID 83842 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORED REPRESENTATIVE
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