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HomeMy WebLinkAboutContract Agreement with Iron Creek LLC dba Metcalf Landscape for Landscape Maintenance CITY OF MERIDIAN LANDSCAPE NIAINTENANCE SERVICES CONTRACT AGREEMENT This AGREEMENT made between the City of Meridian, a political subdivision of the State ofIclaho, and::z;roN a~ Ltc. '2>/5/fl. hereinafter called CONTRACTOR. #f2Y-ud~ ~~ The CITY OF MERIDIAN and CONTRACTOR, in consideration of the mutual covenants hereinafter set fOlih, agree as follows: 1. WORK The CONTRACTOR is to perform landscape maintenance services as set forth hereafter, on the grounds and at the frequency set forth in the Specifications. . Irrigation an all sites . Mowing, and weed eating . Turf fertilization, weed control, billbug control, crabgrass control . Planter bed maintenance, trimming shrubs, weed conti'ol, fertilization, weekly litter and debris clean up, edging . Tree well maintenance, weed control, clean up, edging 2. COMPENSATION. The CITY OF MERIDIAN shall pay the CONTRACTOR the sum of $ W 73. CJO per week for the services described herein and in the Specifications. The total lump sum for the 34 week season is $ ::29) t:, ';';). 0 0 Generally, payment will be sent to the CONTRACTOR by the 15th day of the month following the City of Meridian's receipt of the CONTRACTOR invoice. In addition, the CITY OF MERIDIAN will compensate the CONTRACTOR for any additional services as agreed to in Writing between the City of Meridian and CONTRACTOR. 3. MATERIALS AND EQUIPMENT CONTRACTOR agrees to provide all materials and equipment necessary to perform all listed services as a part of the compensation listed above. Bid Document - Parks Landscape Maintenance Services Page 14 of26 4. EMPLOYEES CONTRACTOR agrees to provide CITY OF MERIDIAN with a list of names, dates of birth, social secmity numbers and addresses of all employees who will be performing the landscape services. CONTRACTOR agrees not to use any person in the performance of this contract until such person has been cleared by the CITY OF MERIDIAN. (Approval/Rejection will normally be completed within one week.) If CITY OF MERIDIAN disapproves of any such employee(s), in writing, CONTRACTOR agrees not to use such employee(s) in the work. CONTRACTOR further agrees to use care in selecting trustworthy employees and in supervising them. procedure for implementing this section: A. CONTRACTOR will submit name, date of birth, social security number, and addresses for all employees CONTRACTOR wishes to provide service under this contract to the City Clerk, City of Meridian, 33 East Idaho Avenue, Meridian, ID 83642. Information may also be faxed to 888-4218. B. CITY OF MERIDIAN will provide a response to CONTRACTOR, normally within one week, depending on extent of background check required. C. All employees who will be working on the listed maintenance areas are required to under go a back ground investigation as conducted by the City of Meridian. Only employees with a satisfactory back ground check shall be allowed to perform landscape services. D. CONTRACTOR's employees will wear shirts or uniform clothing that will identify them by first name and the company name at all times while on City property. E. Failure to wear approved clothing and identification will result in the employee being ej ected form work on City property until the proper uniform is worn. F. Upon separation of service of any employee who has been granted access to the City of Meridian property, CONTRACTOR agrees to notify the City Clerk at 888-4433 on the same day the separation occurs, or if such separation occurs at other than regular business hours, the next following business day prior to 9:00 am. 5. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend, and hold harmless THE CITY OF MERIDIAN, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities or CONTRACTOR, CONTRACTORS's agents, employees, or representatives under this Agreement. Bid Document - Parks Landscape Maintenance Services Page 15 of26 6. INSURANCE CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement insurance in amounts and types as specified in the Specifications. Certificates of Insurance for all required insurances shall be submitted to the CITY OF MERIDIAN prior to CITY OF MERIDIAN signature to this Agreement. 7. COMPLIANCE WITH LAWS CONTRACTOR agrees to comply with all federal, state, city, and local laws, rules and regulations. 8. KEYS CITY OF MERIDIAN will provide keys to access irrigation time clock boxes. 9. INDEPENDENT CONTRACTOR The parties agree that CONTRACTOR and all its employees are independent contractors for CITY OF MERIDIAN and in no way employees or agents of CITY OF MERIDIAN and are not entitled to workers compensation or any benefit of employment with the CITY OF MERIDIAN. The CITY OF MERIDIAN shall have no control over the performance of the Agreement by CONTRACTOR, except to specify the time and place ofperformance and the results to be achieved. CONTRACTOR shall be responsible for the payment of any and all taxes due for the compensation received under this contract. 10. TERMINATION This Agreement may be terminated immediately by CITY OF MERIDIAN for breach of this Agreement by CONTRACTOR and either party may terminate this Agreement by 30 days written notice to termination to the other party. 11. DISPOSAL OF TOXIC SUBSTANCES CONTRACTOR agrees to dispose of any and all toxic substances used on City property in accordance with federal, state and local statutes and regulations and further agrees to indemnify CITY OF MERIDIAN from any liability resulting there from. Bid Document - Parks Landscape Maintenance Services Page 16 of26 12. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement. 13. AGREEMENT TIME PERIOD The work under this Agreement shall begin March 13th, 2006 and, unless sooner tem1inated pursuant to Section 10 above, end November 3rd, 2006, unless othenvise specified by amendment. 14. MISCELLANEOUS A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY OF MERIDIAN and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. 16. NOTICES AND INVOICES Address for giving notices: Address for giving notices: City Clerk City of Meridian 33 East Idaho A venue Meridian, ID 83642 208-888-4433 Telephone: 208- 17. CONTACTS The CITY shall maintain a single point of contact for feedback to the CONTRACTOR. The contact shall be Elroy Huff, Parks Superintendent, City of Meridian. Bid Document - Parks Landscape Maintenance Services Page 17 of26 The CONTEACTOR shall provide primary points of contact for feedback to the CITY. The contact shall be: 4/J/d? 7 h/Sn 9tl/- '7) c;;;( 18. ASSIGNMENT A. No assignment by a party hereto of any lights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the pariy sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY and CONTRACTOR each binds itself, its pariners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. 19. 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. 20. ENTIRE AGREEMENT This Agreement contains the entire agreement ofthe parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. APPLICABLE LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho, and the ordinances of the City of Meridian. 22. APPROVAL REQUIRED This Agreement shall not become effective or binding until approved by the City of Meridian. Bid Document ~ Parks Landscape Maintenance Services Page 18 of26 IN WITNESS WHEREOF, THE CITY OF MERIDIAN and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to CITY OF MERIDIAN and CONTRACTOR. All portions ofthe Agreement Documents have been signed or identified by CITY OF MERIDIAN and CONTRACTOR on their behalf. The Agreement will be effective on 41" C!/ych... / 6~ 7"":2.. ,~b CITY OF MERIDIA ---- Contractor =.L KONCR'cEK II. C. By: By: A./Jd'T/ Z -~ / /)N"Tllo..... y ~CK [CORPORATE SEAL] Attest Attest 33 East Idaho Avenue Meridian, Idaho 83642 Telephone: (208) 888-4433 Address for giving notices ;2ttOD 5', 0Yh7o.-u .? Address for giving notices /30/:5 C 7?J Y"37C>Y Telephone: f:<01i) 36';2 - :29// Bid Document _ Parks Landscape Maintenance Services Page 19 of26 03/08/2005 14:50 8985501 MERIDIAN PARKS REC PAGE 04 CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES ACCEPTANCE OF NOTICE OF AWARD 4 Receipt of9&; NOTICE OF A VI. ARD is hereby aCknow~ed by NrM"yy (:;"K , thu; 8 day of ',?HCW 'lfX;b ~ -L-R()~/C6cK 1.1.. C. -.~-~_.---"':"'!"" CONTRACTOR BY:-LY~ Z NAME: 4TH......)' ;?;K TITLE: J??eH1ZX:~ (SEAL ifby a corporation) ,c "., .'~ .. 8ic1 Document - Parks Land~cape M~liitenance Services . . . Page 12 of 26 CITY OF MERIDIAN LANDSCAPE MAINTENANCE SERVICES TO: ~- 7-67" I roh. {lre~1L... LL C- DATED: ~6 ....-: La n~S ca~-<. (' ~ fr~vh-r-f NOTICE OF AWARD d f;JL In el-c air /'r19/~<-1 /~ PROJECT DESCRIPTION: LANDSCAPE MANTENANCE SERVICES The CITY OF MERIDIAN has considered this Bid submitted by you for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for: Providing Landscape maintenance Services for the City of Meridian In the amount of e'/jJht- A V1.1?d-u-d d~V(/J-v~ --f~ Dollars Per Week (written in words) ($ g 13, PfZ-. ) per week. (figures) /zv-t-~-h'/~ ~k.r CVh p(.... .J=/X; ~n.clud..Ll'thry-~Total Lump Some Dollars H . J (written in words) Per 34 Week Season ($ 2,1/ (, @ Z-. f9J2- ) per season (figures) You are required to fully execute the Agreement and furnish the required Certificates ofInsurance within ten (10) calendar days from the date ofthe notice to you that is by /J1~C/A 176 , ~t?O 6 . If you fail to execute said agreement and to furnish said Certificates of Insurance within ten (10) calendar days from the date ofthis Notice, said CITY OF MERIDIAN will be entitled to consider all your rights arising out of the CITY OF MERIDIAN'S acceptance of your Bid as abandoned. The CITY OF MERIDIAN will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the CITY OF MERIDIAN. Bid Document ~ Parks Landscape Maintenance Services Page 11 of26 CITY OF MERIDIAN, MERIDIAN, IDAHO BY~~ Name: Title: TAMMY DE WEERD MAYOR Approved by City Council: ATTEST: ... ... - ~ ('):: -:. J'.-'. D..... ~ Vr\ r~ .. ~ ,,, ~ 0 ~ ~",/\ )U8r 1'3\ . X::.? " 'VA> ~ " ......~... ry COu ." ~. ....,....' //1/ NT". '.'~.... /It'fl1/1 1l1lIH1\\\\ Meridian City Council March 14,2006 Page 3 of 76 H. Development Agreement: AZ 05-055 Request for Annexation and Zoning of 35.33 acres from RUT to R-8 zone for Ambercreek Subdivision by Dyver Development, LLC - North Meridian Road and West McMillan Road: J. Sanitary Sewer and Water Main Easement Aqreement for Dorado Subdivision by Kimball Properties Limited Partnership: J. Contract for Black Cat Lift Station and Trunk Sewer Authorization for Additional Services No. 6 with JUB Engineers, Inc. K. Easement Aqreement for Gateway Monument with G&H Enterprises: L. Award of Bid for Park Landscape Maintenance Services with Iron Creek, LLC. DBA Metcalf LandscaDe Contractors: De Weerd: Okay. The Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with the removal of Item C, 0, E and G to 7 C, D, E and G and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. The motion is to approve the Consent Agenda as amended. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Budget Amendment for Desk for Part-Time Office Assistant: