Lawn Co. Landscape Maintenance Agreement - Project 10151.B AGREEMENT FOR CONTRACTED SERVICES
LANDSCAPE MAINTENANCE
PROJECT # 10151.113
THIS AGREEMENT FOR CONTRACTED SERVICES is made this 28M
day of January , 2020, 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 Broadway Avenue, Meridian, Idaho 83642, and LAWN CO._,
hereinafter referred to as "CONTRACTOR", whose business address is 2581 Wildwood
Boise, Idaho 83713.
INTRODUCTION
Whereas, the City has a need for services involving Landscape Maintenance;
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
Contract 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 federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
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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 provided 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 Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $213,450.00 for the first year of the
contract (Fiscal Year 2020) for both Price Code 1 and 2 combined. The
Contract amount is subject to change each fiscal year contingent to the
appropriation of funds and any additions or deletions of service.
2.2 The Contractor shall provide the City with a project statement and supporting
invoices no more than once per month referencing the project name on each chain
of custody, 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 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. Funding:
The amounts beyond the 2020 fiscal year have not yet been appropriated by the
City. Contractor may NOT expend more than the amount specified and approved
for a specific fiscal year. Any and all additional expenditures beyond the current
fiscal year MUST be approved by City Council and memorialized by a written
amendment or change order to this Agreement. Agreement is contingent upon
budget approval for each fiscal year.
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4. Term:
4.1 The first year of this agreement shall become effective upon execution by
both parties, and shall expire at the end of the fiscal year (September 30, 2020).
For subsequent years two through five (2-5), contracted work will proceed on
October 1 through each fiscal year end (September 30). This contract is set to
expire November 2024.
4.2 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.
4.3 Should City fail to pay Contractor all or any part 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.
5. Termination:
5.1 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 under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 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 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.
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6. Independent Contractor:
6.1 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.
6.2 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.
6.3 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.
7. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled forwork
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
8. Indemnification and Insurance:
8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers 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
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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, 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 Broadway Avenue, Meridian, Idaho 83642.
8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of no less than A-.
8.3 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.
8.4 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.
8.5 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.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
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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. Warranty:
All services and equipment provided under this agreement shall be warranted for 2
years from the date of the City of Meridian acceptance and any modifications,which
by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
11. 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.
12. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. Items
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
13. Reports and Information:
13.1 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.
13.2 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
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representation including letters, words, pictures, sounds or symbols or any
combination thereof.
14. 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.
15. 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.
16. Equal Employment Opportunity:
In performing the work herein, Contractor agrees to comply with the provisions of
Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. 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.
17. 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.
18. 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.
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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. 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.
21. 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.
22. 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.
23. Payment Request:
Payment requests shall be submitted to City of Meridian Accounts Payable via
email: accountspayable@meridiancity.org. The Project Manager will compare the
invoice against the chain of custody for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice
24. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
25. 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.
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26. 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.
27. 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 CONTRACTOR
City of Meridian LAWN CO.
Purchasing Manager Attn: Stephanie Hale
33 E Broadway Ave 2581 Wildwood
Meridian, ID 83642 Boise, ID 83713
208-489-0417 Phone: 208-323-0234
Email: shale@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.
28. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN LAWN CO.
Purchasing Approval
BY:
BY:
KEITH WATTS, Purchasing Manager / /
Dated: Dated: ! � ~ {
Project Manager
Roger Norber
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EXHIBIT A
SCOPE OF WORK
REFER TO REQUEST FOR QUALIFICATIONS # PKS-2003-10151.13
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Request for Qualifications Package # PKS-2003-10151.13, are by this
reference made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
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 bid 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. The beginning of this contract is
expected to start on or around January 2020 with work expected to begin on or around March 1, 2020 and
end in November 2024.
Contents
1. GENERAL STANDARDS ............................................................................................... 12
1.1. GUARANTEE AND REPLACEMENT.....................................................................................................12
1.2. CONTRACTOR STAFF TRAINING AND EXPERIENCE.......................................................................12
1.3. OWNER/CONTRACTOR COMMUNICATION.......................................................................................12
1.4. MAINTENANCE RECORD KEEPING....................................................................................................12
1.5. LANDSCAPE SERVICE SCHEDULING.................................................................................................13
2. SCOPE OF WORK........................................................................................................... 13
2.1. GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION......................................13
3. MATERIALS AND EXECUTION—INTEGRATED PEST
MANAGEMENT,INSECTICIDE APPLICATIONS, AND WEED CONTROL................. 13
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3.1. PEST MONITORING...............................................................................................................................13
3.2. Contractor shall visually inspect all landscape areas once weekly from April through September to
identify insect, and disease infestations and provide owner with findings...............................................................13
3.3. INSECTICIDE APPLICATIONS.............................................................................................................13
3.4. All insecticide applications preceded by positive pest identification. Submit these findings in writing to
Owner prior to any pesticide application. ...............................................................................................................13
3.5. 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 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................................................................................................................................13
3.6. Contractor is responsible to verb 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. .......................................................................................................14
3.7. Monitor all turf areas for infestation of Billbug and other harmful insects.Advise Owner of presence
andseverity of infestations.......................................................................................................................................14
3.8. WEED CONTROL...................................................................................................................................14
3.9. The Contractor will maintain a weed free landscape..............................................................................14
3.10. Treat all turf areas with "Trimec Low Odor"herbicide to control emerged weeds. ..............................14
3.11. Contractor must exercise caution as to avoid overspray of turf herbicide into tree wells or onto
hardscapes...............................................................................................................................................................14
3.12. Control emerged weeds in shrub beds mechanically or chemically with products containing
"glyphosate"systemic herbicide. ............................................................................................................................14
3.13. The use ofpre-emergent herbicides is encouraged. ................................................................................14
4. MATERIALS AND EXECUTION—TURF MAINTENANCE................................... 14
4.1. TURF MOWING......................................................................................................................................14
4.2. TURF MOWING SCHEDULE:...............................................................................................................14
4.2.1. City Budget Cycle:Allow for no less than 36 mowing cycles of each site during that period.................14
4.2.1.1. Edge, string trim, blow each cycle...................................................................................................14
4.2.1.2. Some ACHD Drains and Fire#4 have Fescue................................................................................14
4.2.2. Ten Mile Interchange Slope Fescue:Spring/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 confined to the
irrigationsystem coverage.......................................................................................................................................14
4.2.3. Meridian Road Interchange:...................................................................................................................14
4.2.3.1. Grass Areas:Spring/Fall,Mow/Trim 4 times to maximum height of 6"around trees.Boundaries of
MR[Mow/Trim are confined to the irrigation system coverage..............................................................................15
4.2.3.2. Planters:Standard planter bed maintenance clean of weeds and properly fertilized.....................15
4.2.3.3. Trees on slopes:Apply fertilizer applications at same time beds are serviced................................15
4.2.3.4. Dry areas maintained by ITD..........................................................................................................15
4.3. TURF EDGING AND TRIMMING..........................................................................................................15
4.5. TURF CRABGRAS CONTROL................................................................................................................15
5. MATERIALS AND EXECUTION—TREES, SHRUBS,VINES,
ORNAMENTALGRASSES,AND, GROUNDCOVER MAINTENANCE........................... 15
5.1. TREES, SHRUBS, VINESAND GROUNDCOVER FERTILIZATION....................................................15
5.1.1. Shrubs, vines and groundcovers: Fertilize in March or April with slow-release 1-1-1 nutrient ratio (N-
P-K) 15
6. MATERIALS AND EXECUTION- GENERAL AREA MAINTENANCE .............. 17
7. MATERIALS AND EXECUTION—IRRIGATION SYSTEMS................................. 17
8. IRRIGATION SYSTEM MAINTENANCE WINTERIZATION AND RE-
ACTIVATION............................................................................................................................. 18
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9. IRRIGATION SYSTEM REPAIR AND RENOVATION ........................................... 18
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 subject to background checks.
1.2.4. All pesticide applications will conform to rules and regulations set forth by the Idaho State
Department of Agriculture. Provide license numbers to Owner prior upon request.
1.2.5. No pruning of trees under this contract.
1.3.OWNER/CONTRACTOR COMMUNICATION
1.3.1. Contractor to assign 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 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.php
1.4.3. Supply the Owner with written copies of application records as requested.
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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.
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. Weekend maintenance activities on non-public areas such as retention basins are
allowed; however all schedules will be reviewed 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. Owner 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.
2.1.3. Maintenance shall consist of fertilization, pruning, mowing, irrigation, weed/insect/disease
control, litter control.
2.1.3.1. No Spray and Fertilizer in contract for the eleven community parks
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.
2.1.4.1. All recreational and sports turf shall be mowed with professional quality mulch-
mow equipment to a height of 3 '/2" and Fescue Turf at 4%5"
2.1.5. Contractor shall utilize 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.PEST MONITORING
3.1.1. Pest monitoring and inspections to include the following:
3.2.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
3.4.All insecticide applications preceded by positive pest identification. Submit these findings in writing
to Owner prior to any pesticide application.
3.5.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 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
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3.6.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.
3.7.Monitor all turf areas for infestation of Billbug and other harmful insects. Advise Owner of
presence and severity of infestations.
3.8.WEED CONTROL
3.9.The Contractor will maintain a weed free landscape.
3.10. Treat all turf areas with "Trimec Low Odor" herbicide to control emerged weeds.
3.11. Contractor must exercise caution as to avoid overspray of turf herbicide into tree wells or
onto hardscapes.
3.12. Control emerged weeds in shrub beds mechanically or chemically with products
containing "glyphosate" systemic herbicide.
3.13. 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 ornamental and sports
turf areas to height of no less than 2-1/2 inches and no more than 3-1/2 inches. Fescue Turf
at 4 inches to 5 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:
4.2.1. City Budget Cycle: Allow for no less than 36 mowing cycles of each site during that
period.
4.2.1.1. Edge, string trim, blow each cycle
4.2.1.2. Some ACHD Drains and Fire#4 have Fescue
4.2.2. Ten Mile Interchange Slope Fescue: Spring/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 confined to the irrigation system coverage.
4.2.3. Meridian Road Interchange:
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4.2.3.1. Grass Areas: Spring/Fall, Mow/Trim 4 times to maximum height of 6" around
trees. Boundaries of MRI Mow/Trim are confined to the irrigation system coverage
4.2.3.2. Planters: Standard planter bed maintenance clean of weeds and properly
fertilized
4.2.3.3. Trees on slopes: Apply fertilizer applications at same time beds are serviced
4.2.3.4. Dry areas maintained by ITD
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 removed and disposed of prior to mow.
4.3.2. Contractor is responsible for damages incurred from 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.
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 three and maximum of four
applications per year, with no less than one pound of N per thousand square feet per
application.
4.4.4. Minimum three lbs. Nitrogen per thousand square feet of all turf and fescue areas with
exception of 11 Community Parks. (By others)
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
S. 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
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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 permitted in shrub
beds.
5.2.3. Use of broadleaf herbicides not permitted in shrub beds
5.2.4. Use of pre-emergent herbicides 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 the use of pesticides is required, provide
owner with a written proposal for consideration.
5.2.6. With the exception of Fescue areas. Control for Cranberry Girdler is considered in
contract
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 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 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
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 removed by pruning, no herbicides allowed for sucker control.
5.3.8. Should the services of an ISA-certified arborist be required the City to be contacted for
evaluation and input. Considered additional service.
5.4.ITD and ACHD guidelines for safety vision:
5.4.1. Certain areas shall not be allowed to grow at a height greater than permitted by ITD and
or ACHD
5.4.1.1. Any Vision Triangles, Ten Mile Interchange Islands, Meridian Road Interchange
Islands
5.4.1.2. Contractor shall be familiar with rules and locations and maintain areas
accordingly
5.5.ORNAMENTAL GRASSES
5.5.1. Ornamental Grasses with growth heights that could collapse from snow and ice, and then
impede sidewalk safety or create a poor aesthetic look pruned back in the fall.
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5.5.2. All other ornamental grasses pruned in early spring prior to plant coming out of dormancy.
Dead stalks inside clump removed to prevent interior rot.
6. MATERIALS AND EXECUTION - GENERAL AREA MAINTENANCE
6.1.LEAF AND BRANCH REMOVAL
6.1.1. Walks, plazas, planting beds and lawn areas free of leaves, branches, and debris.
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 not included in contract.
Considered additional service at Owner's request.
6.2.LANDSCAPE DEBRIS REMOVAL
6.2.1. Remove and dispose of all landscape debris offsite. Onsite dumpsters for disposal of
landscape debris 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.
6.4.2. Contractor shall make recommendations for mulch replacement along with cost.
7. MATERIALS AND EXECUTION - IRRIGATION SYSTEMS
7.1.GENERAL IRRIGATION SYSTEM OPERATION
7.1.1. Contractor will manage all irrigation systems, and schedules.
7.1.2. Contractor responsible for providing competent staff trained and familiarized with the
setup, monitoring, and maintenance of the irrigation systems at Owner's sites.
7.1.3. Contractor responsible for understanding the capacities and capabilities of the irrigation
system.
7.1.4. Contractor will establish appropriate time intervals for each valve zone in the irrigation
systems and adjust during the operating season as necessary.
7.1.5. Operate systems during night hours.
7.1.6. Daytime operation permitted when inspecting or testing the system, after fertilizer
application, for new installations and during extreme temperatures.
7.2.IRRIGATION SYSTEM MONITORING
7.2.1. All sites: Irrigation system 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
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7.2.4. Submit separate invoices for repairs with labor and materials
7.2.5. Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters
not permitted.
7.2.6. Clean and adjust heads, nozzles, valves, and drip baskets as required for correct
operation
7.2.6.1. The three sections of Split Corridor have significant drip areas with over twenty
filter baskets. Check weekly
7.2.7. Properly prune plantings, and turf. Remove sod and debris affecting head performance,
access to valves and other items. ( Keep Valve Boxes Trimmed out)
7.2.8. Communicate to Owner any valve boxes which have settled or need attention
8. IRRIGATION SYSTEM MAINTENANCE WINTERIZATION AND RE-
ACTIVATION
8.1.1. Perform Spring Startup and Winterizations on all sprinkler systems with exceptions
8.1.1.1. Ten Mile Interchange
8.1.1.2. Meridian Road Interchange
8.1.1.3. Generations Plaza
8.1.1.4. City Hall Plaza
8.1.1.5. Parks Maintenance Shop
8.1.1.6. 11 Community Parks
9. IRRIGATION SYSTEM REPAIR AND RENOVATION
9.1.1. All repairs to the system shall be identical to the original installation, unless approved
otherwise in advance by the Owner
9.1.2. The following repair activities are considered additional services:
9.1.3. Troubleshooting and repair of controller component
9.1.4. Damage by other than Contractor vehicles
9.1.5. Pedestrian or vandalism damage
9.1.6. Special event damage
9.1.7. Construction related damage by other than Contractor's activities
9.1.8. Storm related damage, Product failure.
9.1.9. Provide the following repair or replacement work at no cost to Owner
9.1.10. Damage due to Contractor maintenance activities
9.1.11. Damage due to work by Contractor's construction activities,
9.1.12. Always inform Owner when shutting off systems.
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Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed the
amounts listed in the below Pricing Schedule.
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
SERVICES REQUESTED.
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification.
Execution
Task PRICE CODE 1 Date Amount
1 TOTAL YEAR ONE (1)for approx. 30 weeks: Price Code 1 2020 $147,450.00
2 TOTAL YEAR TWO (2)for 36 weeks: Price Code 1 2021 $176,940.00
3 TOTAL YEAR THREE (3)for 36 weeks: Price Code 1 2022 $182,340.00
4 TOTAL YEAR FOUR (4)for 36 weeks: Price Code 1 2023 $182,340.00
5 TOTAL YEAR FIVE (5) for 36 weeks: Price Code 1 2024 $187,840.00
PRICE CODE 2
6 TOTAL YEAR ONE (1)for approx. 30 weeks: Price Code 2 2020 $19,200.00
7 TOTAL YEAR TWO (2) for 36 weeks: Price Code 2 2021 $23,040.00
8 TOTAL YEAR THREE (3)for 36 weeks: Price Code 2 2022 $23,740.00
9 TOTAL YEAR FOUR (4)for 36 weeks: Price Code 1 2023 $23,740.00
10 TOTAL YEAR FIVE (5)for 36 weeks: Price Code 1 2024 $24,490.00
ITEMS 1-10 Total And Complete Compensation Not To Exceed $ 991,120.00
Execution
Task ALTERNATE BID A Date Amount
TOTAL YEAR ONE (1)for approx. 30 weeks: Price Code
1 3 2020 $46,800.00
2 TOTAL YEAR TWO (2)for 36 weeks: Price Code 3 2021 $56,160.00
3 TOTAL YEAR THREE (3)for 36 weeks: Price Code 3 2022 $57,845.00
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4 TOTAL YEAR FOUR 4 for 36 weeks: Price Code 3 2023 $57,845.00
5 TOTAL YEAR FIVE (5)for 36 weeks: Price Code 3 2024 $59,580.00
Total Alternate Bid A Not To Exceed Amount $278,230.00
The pricing schedule below shall be utilized if incorporated by written Contract Amendment.
OPTIONAL WORK ALTERNATE BID B Execution
Task Date Amount
1 Ten Mile Interchange Trash Removal Offseason (Monthly) Yr. 1-5 $345.00 per month
2 Fother ill Pathway Trash Removal Offseason (Monthly) Yr. 1-5 $140.00 per month
3 City Hall Trash Removal Offseason (Weekly) Yr. 1-5 $35.00 per week
4 Split Corridor Trash Removal Offseason (Weekly) Yr. 1-5 $50.00 per week
5 Generations Plaza Trash Removal Offseason (Weekly) Yr. 1-5 $35.00 per week
6 All Contract Sites Trash Removal Offseason (Monthly) Yr. 1-5 $345.00 per month
$3,930.00
Total Alternate Bid B Not To Exceed Amount per off season
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