Independent Contractor Agreement with Lawn CoAGREEMENT
FOR
INDEPENDENT CONTRACTOR SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 23d
day of March , 2010, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and LAWN
CO. , hereinafter referred to as "CONTRACTOR", whose business address is 2581
Wildwood St., Boise, ID 83713.
INTRODUCTION
Whereas, the City has a need for services involving Landscape
Maintenance Services; 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 Exhibit "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
LANDSCAPE MAINTENANCE SERVICES - page 1 of 19
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 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
Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for a Not -To -Exceed amount of $255, 145.00.
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) November 23,
2012 or (c) unless sooner terminated as provided below (d) upon failure of
Council to appropriate funds for services in any given year, or unless some other
LANDSCAPE MAINTENANCE SERVICES — page 2 of 19
method or time of termination is listed in Exhibit A. This Agreement shall
terminate automatically on the occurrence of (a) bankruptcy or insolvency of
either party, or (b) sale of Contractors business.
3.2 Contract Extensions: Two one (1) year extensions 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.
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 par of the compensation set
forth in Exhibit 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:
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 under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall
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be entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
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 for the 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 Exhibit 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.
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:
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 tortuous 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 the minimum amounts as follow: General
LANDSCAPE MAINTENANCE SERVICES - page 4 of 19
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 City shall be named an additional insured on both General Liability and
Automotive policies. 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, or judgments 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
Idaho 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.
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.
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.
6.4 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or
subcontractors.
LANDSCAPE MAINTENANCE SERVICES — page 5 of 19
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 of Meridian
Purchasing Agent
33 E. Idaho Avenue
Meridian, Idaho 83642
Lawn Co.
Attn: Stephanie Hale
2581 Wildwood
Boise, ID 83713
Ph. (208) 323-0234
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.
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.
LANDSCAPE MAINTENANCE SERVICES - page 6 of 19
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
CITY for 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 or transcripts 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.
LANDSCAPE MAINTENANCE SERVICES — page 7 of 19
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. 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.
22. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY OF MERIDIAN
BY-
TAMMYY WEERD, MAYOR
Dated: \3 - 03- a ce l 0
Attest:
LMAN, CITY CL
Approved as to Content
BY: lfl�41
KEIT 6WKff S, IYKHASING AGENT
Dated: 3 " Z z- —1 U
Approved as to Form
CITY ATTORNEY
LAWN CO.
BY:
Dated: 3-23-10
Department Approval
BY: , 4
NAME: 4qk1n, "
TITLE: Vk (44,-
Approved
4r
Dated: 3/2 z�u
LANDSCAPE MAINTENANCE SERVICES — page 8 of 19
Attachment A
SCOPE OF WORK
Landscape Maintenance Minimum Standards and Specifications
Overview: The City of Meridian Parks and Recreation (Owner) believes that work being 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
minimum standards and specifications. It should be the Contractor's expectation that the Owner will only
consider awarding the contract to a Contractor whose bid shows compliance. The Contractor should also
expect to be held to these standards and requirements 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.
The contract (not included here) 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
as a result 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 two weeks of identification of damage. Alternatives to size, variety and scheduling of
replacement only by written permission of Owner.
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 on a monthly basis of plant losses 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. Additionally Contractor's personnel shall be subject to background
checks.
1.2.3.AII work shall be performed under the direct supervision of a Certified Landscape
Technician (CLT).
LANDSCAPE MAINTENANCE SERVICES — page 9 of 19
1.2.4.AII pesticide applications shall be performed by a Professional Applicator licensed the Idaho
State Department of Agriculture. In addition staff performing the pesticide application shall
be licensed as Professional Applicators licensed in the appropriate category (LS, OH and
OI). License numbers will be provided to the Owner prior to award of contract.
1.2.5.AII shrub pruning will be performed by, or under the direct supervision of an ISA Certified
Arborist. There is no pruning of trees under this contract.
1.3. OWNER/CONTRACTOR COMMUNICATION
1.3.1.Contractor to provide a supervisor to act on Owner's behalf regarding all matters pertaining
to the performance of the Landscape Service. Contractor must notify Owner when the
supervisor 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
the 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.Pesticide application records shall be kept in accordance with Idaho State Department of
Agriculture. Records shall be kept by the Contractor on all pesticide (includes herbicide)
applications for a minimum of seven (7) years. Such records shall be completed in
accordance with all applicable laws and regulations and on forms as provided by ISDA:
http://www.agri.state.id.us/index php
• The location where the pesticide or herbicide was applied.
• The year, month, day, and time the pesticide or herbicide was applied.
• Purpose of application.
• The person or firm who supplied the pesticide or herbicide which was applied.
• Trade name of the pesticide or herbicide which was applied, amount and concentration.
• Method and rate of application.
• The temperature and direction and estimated velocity of the wind at the time the pesticide
or herbicide was applied.
• The name and license number of the applicator.
1.4.3.Supply the Owner with written copies of chemical application records monthly.
1.5. LANDSCAPE SERVICE SCHEDULING
1.5.1.Establish a schedule for regular maintenance service days by area and submit to Owner for
review. Contractor to review proposed schedules with owner at the regularly scheduled
meetings and adjust as necessary to avoid conflicts.
1.5.2.AII maintenance activities shall be performed Monday thru Friday from 7:00 AM to 4:00 PM.
2. SCOPE OF WORK
2.1. GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION
2.1.1.This document is intended as a benchmark of the Owner's minimum standards for
maintenance, repair and improvements. However, the Owner respects the Contractor as a
professional and as such, will take under consideration, any and all recommendations made
by the Contractor.
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 this
site be maintained in a resource -efficient, sustainable, and cost-effective manner.
LANDSCAPE MAINTENANCE SERVICES — page 10 of 19
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.
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.All turf shall be mowed with professional quality mulch -mowing equipment
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. The
principles of integrated pest management (IPM) shall be employed. 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 if and when
treatments are needed and employs physical, mechanical, cultural, biological, and
educational tactics to keep pest numbers low enough to prevent unacceptable damage or
annoyance. Additional treatments, such as pesticide applications, are made only when and
where monitoring has indicated that the pest will cause unacceptable economic, medical, or
aesthetic damage.
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 potential pest problems. Pest problems include insect, disease,
and weed infestations. The presence of a pest does not necessarily mean there is a
problem.
2. Contractor staff and city representative shall visually inspect all landscape areas once
monthly from April through September.
3. Cooperatively identify any area where non -chemical IPM control methods should begin.
3.2.2. Contractor is encouraged to provide proposals for renovations, replacements and other
changes, along with associated budget recommendations.
3.3. INSECTICIDE APPLICATIONS
3.3.1.All insecticide applications shall be preceded by monitoring and positive pest identification.
Submit these findings in writing to Owner prior to any pesticide application.
3.3.2.Under no circumstances will combination products be allowed ("weed and feed", weed
control + fertilizer, insect control + fertilizer, etc,).
3.3.3.Under no circumstances will regularly scheduled calendar -based applications be allowed
without written prior approval of Owner.
3.3.4.Under no circumstances will preventative "blanket" applications be allowed without written
prior approval of Owner.
3.3.5. Contractor shall price as an add alternate on turf areas: One application per site of ARENA
.25G @ 3lbs per 1000 sq ft. for the line items identified on the "Special conditions" sheet,
column K, titled BILLBUG.
3.3.6.All 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
LANDSCAPE MAINTENANCE SERVICES — page 11 of 19
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
3.3.7. Contractor is responsible to verify that pesticides are appropriate for use with the respective
plant materials. Contractor is responsible for any damages incurred as a result of
applications and shall repair or replace any such damage at no cost to Owner.
3.3.8.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. All turf areas shall be treated 2 times annually with "Trimec Low Odor" herbicide to control
emerged weeds.
3.4.2. Contractor must exercise caution as to avoid overspray of turf herbicide into tree wells or
onto hardscapes.
3.4.3. Emerged weeds in shrub beds may be controlled mechanically or chemically with products
containing "glyphosate" systemic herbicide. Under no circumstances will the use of contact
herbicides be allowed.
3.4.4. The use of pre emergent herbicides is encouraged to reduce the frequency of post -
emergent applications.
3.4.5. Control of weeds: Use cultural methods (mulch mow, fertilize, and irrigate) to minimize
weed growth on all turf.
4. MATERIALS AND EXECUTION — TURF MAINTENANCE
4.1. TURF MOWING
4.1.1.AII turf will be mowed with professional quality mulching mower equipment. 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
4.1.2.Prior to each mowing remove all litter and debris from lawn areas. Turf areas shall be
mowed per the schedule below and maintained at a height of no less than 1-1/2 inches and
no more than 2-1/2 inches. Coordinate mowing schedules with Owner. Alternate mowing
direction where feasible every mowing. Maintain a uniform lawn height free from scalping.
4.1.3.Fescue areas shall be mowed once in June and September at a height of 3 inches.
4.1.4.Mower wheels and blade decks are not permitted to encroach into tree wells.
4.1.5. Contractor is responsible for any damages incurred as a result of mower damage to trees
and shrubs and must repair or replace any such damage at no cost to Owner. Properly
maintain tree wells to minimize such damage.
4.1.6.Clippings will be swept or blown from hardscapes after each mowing.
4.2. TURF MOWING SCHEDULE
MONTH
TURF AREAS
FESCUE
January
N/A
February
N/A
March
Two mowings
April
Weekly mowings
LANDSCAPE MAINTENANCE SERVICES — page 12 of 19
May
Weekly mowings
June
Weekly mowings
1 mowing
July
Weekly mowings
August
Weekly mowings
September
Weekly mowings
1 mowing
October
Three mowings
November
N/A
December
N/A
NOTE: Base Contract price includes 32 mowings per the mowing schedule. Schedule of
32 mowings may be altered per Owner request or as required by climatic conditions.
4.3. TURF EDGING AND TRIMMING
4.3.1.Mechanically trim all landscape turf edges every mowing. Edges include all lawn perimeters
and tree wells in lawn areas. Clean debris from hardscapes and non -turf landscape areas;
remove larger debris.
4.3.2.Trim all lawn areas that cannot be reached by a mower every mowing. Areas to be trimmed
include any lawn adjacent to poles, signs, bollards, trees, walls and all other obstacles.
Perform trimming to the same height as mowing. Clean debris from hardscapes and non -
turf landscape areas; remove larger debris.
4.3.3. Contractor is responsible for any damages incurred as a result of trimmer and edger
damage to trees and shrubs 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.Turf areas shall be fertilized with granular type fertilizers. Fertilizers that contain iron are not
allowed.
4.4.2.Fertilize landscape turf areas with "Wil -Grow Workhorse Gold" slow release fertilizer as
required to provide vigorous deep rooting and a healthy green appearance.
4.4.3.Submit a fertilizer schedule with application rates per site and application times with your
proposal and immediately prior to performing the work.
4.4.4.Approved fertilizer schedule must include three applications per year, no less than one
pound of nitrogen per thousand square feet per application, and no more than four pounds
of nitrogen per thousand square feet applied annually.
4.5. TURF CRABGRAS CONTROL
4.5.1.Apply "Dimension" pre -emergent herbicide to all turf areas at label rate in mid May.
4.6. TURF AERATING AND DE -THATCHING
4.6.1.There is no aeration or de -thatching in this contract.
5. MATERIALS AND EXECUTION — TREES, SHRUBS, VINES, GROUNDCOVER MAIINTENANCE
5.1. TREES, SHRUBS, VINES AND GROUNDCOVER FERTILIZATION
LANDSCAPE MAINTENANCE SERVICES — page 13 of 19
5.1.1.Shrubs, vines and groundcovers: Fertilize in March or April with slow-release, "bridge" or
natural -organic fertilizer. Use 1-2-2 nutrient ratio (N -P -K), or similar, per manufacturer's
recommended rates (not to exceed 5-10-10).
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. SHRUBS, VINES AND GROUNDCOVER WEED, PEST AND DISEASE CONTROL
5.2.1. Control of Weeds: Use cultural methods (mulch, proper pruning, and proper irrigation) to
encourage plant health and growth and discourage weeds. Keep planter beds and tree
wells free of weeds and debris. Groundcovers are to be trimmed so they meet but do not
grow over walkways or outside any of the planters.
5.2.2. The use of systemic herbicides containing "Glyphosate" as an active ingredient is permitted
in shrub beds. The use of products containing 2,4-D in shrub beds is not permitted.
5.2.3. Use of pre -emergent herbicides is permitted. Contractor shall submit pre -emergent product
and rate to owner for approval prior to applications.
5.2.4. Control of Insects and Diseases: The control of pests and diseases on shrubs, vines and
groundcovers are not included in this contract. If after 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. Pruning must only be performed by trained personnel in accordance with accepted
horticultural practices. Prune to enhance the natural growth and shape of plant materials
and intended function of the planting. Plantings are designed to grow together and to the
edges of the beds to minimize weed infestation and maximize water conservation. 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, some leeway is granted to remove low hanging limbs
that may interfere with mowing 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 all plantings (not including trees) once on a rotational basis appropriate to site, need,
season and plant species. Discuss significant pruning work with Owner prior to work
beginning.
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 tree staking and guying to prevent damage to the cambium
layer. Remove guys and stakes as soon as trees are established and self-supporting
(generally two years or less).
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.
6. MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE
LANDSCAPE MAINTENANCE SERVICES — page 14 of 19
6.1. LEAF AND BRANCH REMOVAL
6.1.1. Keep walks, plazas, planting beds and lawn areas free of leaves and branches each week.
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 on site dumpsters for disposal of
landscape debris is not permitted.
6.3. LANDSCAPE TRASH REMOVAL
6.3.1.Remove all trash from landscaping beds, turf 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.
6.5. OTHER AREA MAINTENANCE
6.5.1.The maintenance of water features and fountains is not included in this contract.
6.5.2. Restroom cleaning shall consist of sweeping, mopping, cleaning sinks, cleaning toilets,
trash disposal and paper replenishment (see special condition sheet for location and
frequency). Owner to 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 system at Owner's sites.
7.1.2. Contractor is responsible for understanding the capacities and capabilities of the irrigation
system and ensuring that system 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.Adjustments should be based on local evapo-transpiration (ET) data as much as possible.
7.1.5.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.
7.1.6.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.
7.1.7. 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.
LANDSCAPE MAINTENANCE SERVICES — page 15 of 19
7.1.8. Contractor shall manage irrigation schedules so that irrigation is applied more deeply, but
less frequently, rather than small amounts on a daily basis.
7.1.9. 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. Irrigation system monitoring and inspections to include the following:
1. Visually inspect all irrigated landscape areas once weekly from April through September
to identify potential leaks as evidenced by water related plant stress, surface water or
erosion, broken or damaged equipment, and paved surfaces or building walls/windows
affected by irrigation spray.
2. Visually inspect the operation of all irrigation valve zones once monthly from April
through September to identify coverage problems, misdirected nozzles, broken or
damaged equipment, hardscape or building overspray, pressure problems and system
leaks.
3. Irrigation repairs that do not exceed $125.00 may be performed without prior approval.
Irrigation repairs that exceed $125.00 shall be approved in advance. The city reserves
the right to perform irrigation repairs. Contractor shall submit a list of repairs, time and
materials used with an invoice for payment of said repairs
7.3. IRRIGATION SYSTEM MAINTENANCE WINTERIZATION AND RE -ACTIVATION
7.3.1.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.
7.3.2.Clean and adjust heads, nozzles and valves as required. Clean drip irrigation valve strainers
as required. Properly prune plantings and remove sod and debris affecting head
performance from all zones once during the months of April and May. Properly prune
plantings and sod or debris affecting access to valves, and communicate to the city any
valve boxes which have settled during the winter shutdown months.
7.3.3.The City is responsible for winterization of sprinkler systems.
7.3.4.The City is responsible for spring start-up and initial adjustments of sprinkler systems.
7.3.5.The City is responsible for backflow testing, pump startup, maintenance and operation.
7.4. IRRIGATION SYSTEM REPAIR AND RENOVATION
7.4.1. Irrigation on sites that are referred to as City -managed (see special conditions sheet) will be
the responsibility of the Owner, including programming, adjustments and repairs. The
contractor shall not be held liable for damage to plant material due to improper soil moisture.
7.4.2.All repairs to the system shall be identical to the original installation, unless approved
otherwise in advance by the Owner. If a change to the installation will result in lower future
maintenance costs, less frequent breakage, or an increase in public safety, request
authorization to make the change from the Owner. Replacement of system components
shall be the same manufacturer and model as original equipment, or better as authorized by
Owner.
7.4.3.The following repair activities are considered additional services:
1. Troubleshooting and repair of controller components.
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.
LANDSCAPE MAINTENANCE SERVICES — page 16 of 19
7. Product failure.
7.4.4. 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. Inform Owner when shutting off the systems during emergencies.
LANDSCAPE MAINTENANCE SERVICES — page 17 of 19
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CITY OF MERIDIAN MAINTENANCE CONTRACT SPECIAL CONDITIONS 2010
Price
RESTROOM
code
1
SITE Location
1 New City Hall
ADDRESS
33 E Broadway Avenue
ANNUAL COLOR IRRIGATION
CLEAN TRASH: CAN, ROADWAY SPECIAL MOW
BILLBUG
1
2 Old City Hall
33 East Idaho Street
15 Flats 2x Per Year City Mana ed
2x Weekly + cans
YES
1
3 City Hall Park (COX)
Main Street & E. Idaho Street
YES
1
4 HR Bldg
703 Main StreetYES
City Managed
1
5 Split Corridor
Main Street Meridian
4 Flats 2 x per year City Mana ed
Road Side Pickup
1
6 Pine Street Parking Lot
Pine and Main N/E of Generations Plaza
2
7 Overland Pump House
Overland & SE 5th Way
1
8 Generations Plaza
N/E Corner of Idaho and Main
6 Flats 2 x per year City Managed
1
9 Centennial Park
223 East Idaho
4 Flats 2 x per year City Managed
YES
1
10 North Curve
Fairview and Main Street Island
7 Flats 2 x per year
1
11 Fothergill Path
SIE Corner Meridian Road. & Woodbury
1x Weekly + cans
YES
1
12 Water Department
2235 N/W 8th Street.
YES
2
13 Well #26
6075 N.Locust Gr. Road
2
14 Well #24
North of 1098 Hickory
2
15 Well #27
10 Mile Rd N /Franklin S/ Store It, West side
1
16 Fire Safe House
1901 E Lie h Field Road
1
17 Fire Station #1
540 Franklin
YES
1
18 Fire Station #2
2401 Ten Mile Road.
YES
1
19 Fire Station #3
3545 S Locust Gr. Road
YES
1
20 Fire Station #4
2515 S Eagle Road
YES
1
21 Fire Station #5
6001 Linder
Fescue 2x Annually
1
22 ACHD Drain #1
S/W Corner Framin & S Locust Gr.
1
23 ACHD Drain #2
N/E Corner Overland & Meridian Road
1
24 ACHD Drain #3
S Locust Grove, East of Locust View Lane.
YES
1
25 Police Station
1401 E Water Tower
Cit Manage
Fescue 2x Annually
1
26 Bark Park
1402 E Water Tower
Cit Mana ed
3x Weekly 3x Weekly + cans
YES
1
27 Pine Street School
West of 611 NW 1st Street
2
28 Water Tower
East Water Tower
YES
21
29 Jericho Well
Willow Brook and Jericho
31
30 Ten Mile interchange
I Ten Mile and I-84 Add Alternate
Road Side Pickup Estimate S rin 2012
Attachment B
PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$255,145.00. Totals are for a 36 week period. Year four and year five must be
approved by Council and modified by written amendment executed by both parties.
YEAR ONE 2010
DESCRIPTION
WEEKLY
est.
TOTAL
Price Code 1 Maintenance
Price Code 2 Maintenance
Bill Bug Control
TOTAL YEAR ONE MAINTENANCE
$2,120.00
$180.56
$76,320.00
$6,500.00
$1,400.00
$84,220.00
YEAR TWO 2011
Price Code 1 Maintenance
Price Code 2 Maintenance
Bill Bug Control
$2,120.00
$180.56
$76,320.00
$6,500.00
$1,400.00
TOTAL YEAR TWO MAINTENANCE
$84,220.00
YEAR THREE 2012
Price Code 1 Maintenance
Price Code 2 Maintenance
Bill Bug Control
$2,183.61
$185.97
$78,610.00
$6,695.00
$1,400.00
TOTAL YEAR THREE MAINTENANCE
$86,705.00
OPTIONS
The following year four and five options may only be performed following a written
amendment to this contract signed by both parties and approved bv City Council.
YEAR FOUR 2013 OPTION
Price Code 1 Maintenance
Price Code 2 Maintenance
Bill Bug Control
$2,249.11
$191.53
$80,968.00
$6,895.00
$1,400.00
TOTAL YEAR FOUR MAINTENANCE
$89,263.00
YEAR FIVE 2014 OPTION
Price Code 1 Maintenance
Price Code 2 Maintenance
Bill Bug Control
$2,249.11
$191.53
$80,968.00
$6,895.00
$1,400.00
TOTAL YEAR FIVE MAINTENANCE
$89,263.00
LANDSCAPE MAINTENANCE SERVICES — page 19 of 19