Award of Bid Park Landscape
Memo
To:
CC:
From:
Date:
Re:
Meridian Parks & Recreation
.:.RECEIVED
MAR 1 0 2006
Mayor and City Council
Will Berg
Doug Strong 4# ~ ~ .5~7
March 9, 2006
Landscape Maintenance Services
City Of Meridian
City Clerk Office
The Parks and Recreation Department respectfully requests the following item to be placed
on the March 14, 2006 City Council agenda, under the Consent Agenda, for Council's
consideration:
Six bids were received for the Landscape Maintenance SelVices consisting of but not limITed
to: mowing turf, trimming, weed eating, fertilization, irrigation, and shrub bed maintenance.
The bid was awarded to Iron Creek LLC, DBA Metcalf Landscape Contractors for $29,682.00.
The Parks and Recreation Department recommends that City Council award the contract to
Iron Creek LLC, DBA Metcalf Landscape Contractors for $29,682.00 and authorize the Mayor
to sign. Supporting documentation attached.
Thank you for your consideration. Please contact me if you have any questions regarding the
bids.
CITY OF MERIDIAN
LANDSCAPE MAINTENANCE SERVICES
CONTRACT AGREEMENT
This AGREEMENT made between the City of Meridian, a political subdivision of the
State ofIdaho, and:rrð/Ý â~ LLc. -:Þ/5/1. hereinafter called
CONTRACTOR. #f..e~ -f: ~~
The CITY OF MERIDIAN and CONTRACTOR, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
1.
WORK
The CONTRACTOR is to perform landscape maintenance services as set forth
hereafter, on the grounds and at the fTequency set forth in the Specifications.
.
Irrigation an all sites
Mowing, and weed eating
Turf fertilization, weed control, billbug control, crabgrass control
Planter bed maintenance, trimming shrubs, weed control, fertilization,
weekly litter and debris clean up, edging
Tree well maintenance, weed control, clean up, edging
.
.
.
.
2.
COMPENSATION.
The CITY OF MERIDIAN shall pay the CONTRACTOR the sum of
$ '873 t ðO per week for the services described herein and in the
Specifications. The total lump sum for the 34 week season is $ .;;:¿c¡ j to y;;" û 0
Generally, payment will be sent to the CONTRACTOR by the 15th day of the month
following the City of Meridian's receipt ofthe CONTRACTOR invoice.
In addition, the CITY OF MERIDIAN will compensate the CONTRACTOR for
any additional services as agreed to in Writing between the City of Meridian and
CONTRACTOR.
3.
MATERIALS AND EQUIPMENT
CONTRACTOR agrees to provide all materials and equipment necessary to
perform all listed services as a part of the compensation listed above.
Bid Document - Parks Landscape Maintenance Services
Page 14 of26
4.
EMPLOYEES
CONTRACTOR agrees to provide CITY OF MERIDIAN with a list of names,
dates of birth, social security numbers and addresses of all employees who will be
performing the landscape services. CONTRACTOR agrees not to use any person in the
performance of this contract until such person has been cleared by the CITY OF
MERIDIAN. (Approval/Rejection will normally be completed within one week.) If
CITY OF MERIDIAN disapproves of any such employee(s), in writing, CONTRACTOR
agrees not to use such employee(s) in the work. CONTRACTOR further agrees to use
care in selecting trustworthy employees and in supervising them.
Procedure for implementing this section:
A. CONTRACTOR will submit name, date of birth, social security number,
and addresses for all employees CONTRACTOR wishes to provide service under this
contract to the City Clerk, City of Meridian, 33 East Idaho Avenue, Meridian, ID 83642.
Information may also be faxed to 888~4218.
B. CITY OF MERIDIAN will provide a response to CONTRACTOR,
nonnally within one week, depending on extent of background check required.
C. All employees who will be working on the listed maintenance areas are
required to under go a back ground investigation as conducted by the City of Meridian.
Only employees with a satisfactory back ground check shall be allowed to perform
landscape services.
D. CONTRACTOR's employees will wear shirts or unifonn clothing that
will identify them by first name and the company name at all times while on City
property.
E. Failure to wear approved clothing and identification will result in the
employee being ej ected form work on City property until the proper uniform is worn.
F. Upon separation of service of any employee who has been granted access
to the City of Meridian property, CONTRACTOR agrees to notify the City Clerk at
888-4433 on the same day the separation occurs, or if such separation occurs at other than
regular business hours, the next following business day prior to 9:00 am.
5.
INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend, and hold harmless THE CITY OF
MERIDIAN, and its officers, agents and employees, from and against any and all claims,
losses, actions, or judgments for damages or injury to persons or property arising out of
or in connection with the acts and/or any performances or activities or CONTRACTOR,
CONTRACTORS's agents, employees, or representatives under this Agreement.
Bid Document - Parks Landscape Maintenance Services
Page 15 of26
6.
INSURANCE
CONTRACTOR agrees to obtain and keep in force during its acts under this
Agreement insurance in amounts and types as specified in the Specifications. Certificates
of Insurance for all required insurances shall be submitted to the CITY OF MERIDIAN
prior to CITY OF MERIDIAN signature to this Agreement.
7.
COMPLIANCE WITH LAWS
CONTRACTOR agrees to comply with all federal, state, city, and local laws,
rules and regulations.
8.
KEYS
CITY OF MERIDIAN will provide keys to access irrigation time clock boxes.
9.
INDEPENDENT CONTRACTOR
The parties agree that CONTRACTOR and all its employees are independent
contractors for CITY OF MERIDIAN and in no way employees or agents of CITY OF
MERIDIAN and are not entitled to workers compensation or any benefit of employment
with the CITY OF MERIDIAN. The CITY OF MERIDIAN shall have no control over
the performance of the Agreement by CONTRACTOR, except to specify the time and
place of performance and the results to be achieved. CONTRACTOR shall be
responsible for the payment of any and all taxes due for the compensation received under
this contract.
10.
TERMINATION
This Agreement may be tenninated immediately by CITY OF MERIDIAN for
breach of this Agreement by CONTRACTOR and either party may terminate this
Agreement by 30 days written notice to tennination to the other party.
11.
DISPOSAL OF TOXIC SUBSTANCES
CONTRACTOR agrees to dispose of any and all toxic substances used on City
property in accordance with federal, state and local statutes and regulations and further
agrees to indemnify CITY OF MERIDIAN from any liability resulting there from.
Bid Document - Parks Landscape Maintenance Services
Page 16 of26
.----------
12.
ATTORNEY FEES
Reasonable attorney fees shall be awarded to the prevailing party in any action to
enforce this Agreement or to declare termination or forfeiture of this Agreement.
13.
AGREEMENT TIME PERIOD
The work under this Agreement shall begin March 13th, 2006 and, unless sooner
terminated pursuant to Section 10 above, end November 3rd, 2006, unless otherwise
specified by amendment.
14.
MISCELLANEOUS
A. No assignment by a party hereto of any rights under or interest in the
Agreement Documents will be binding on another party hereto without the written
consent ofthe party sought to be bound; and specifically but without limitation moneys
that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the
Agreement Documents.
B. THE CITY OF MERIDIAN and CONTRACTOR each binds itself, its
partners, successors, assigns and legal representatives to the other party hereto, its
partners, successors, assigns and legal representatives in respect of all covenants and
obligations contained in the Agreement Documents.
16.
NOTICES AND INVOICES
Address for giving notices:
Address for giving notices:
City Clerk
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
208-888-4433
Telephone: 208-
17.
CaNT ACTS
The CITY shall maintain a single point of contact for feedback to the CONTRACTOR.
The contact shall be Elroy Huff, Parks Superintendent, City of Meridian.
Bid Document - Parks Landscape Maintenance Services
Page 17 of 26
-.--.,,--.-----...--
The CONTEACTOR shall provide primary points of contact for feedback to the CITY.
The contact shall be: _..4dcf? r rdSn 9'!íL=-L1<Y:
18.
ASSIGNMENT
A. No assignment by a party hereto of any rights under or interest in the
Agreement Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but without limitation monies
that may become due and monies that are due may not be assigned without such consent
(except to the extent that the effect ofthis restliction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the
Agreement Documents.
B. THE CITY and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners, successors, assigns
and legal representatives in respect of all covenants and obligations contained in the
Agreement Documents.
19.
CONSTRUCTION AND SEVERABILITY
If any part of this Agreement is held to be invalid or unenforceable, such holding
will not affect the validity or enforceability of any other part of this Agreement so long as-
the remainder of the Agreement is reasonably capable of completion.
20.
ENTIRE AGREEMENT
This Agreement contains the entire agreement ofthe parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
21.
APPLICABLE LAW
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State ofIdaho, and the ordinances of the City of Meridian.
22.
APPROVAL REQUIRED
This Agreement shall not become effective or binding until approved by the City
of Meridian.
Bid Document - Parks Landscape Maintenance Services
Page 18 of 26
IN WITNESS WHEREOF, THE CITY OF MERIDIAN and CONTRACTOR have
signed this Agreement in triplicate. One counterpart each has been delivered to CITY OF
MERIDIAN and CONTRACTOR. All portions of the Agreement Documents have been
signed or identified by CITY OF MERIDIAN and CONTRACTOR on their behalf.
The Agreement will be effective on /11' é!/YcJ..., /6- >-:2..
, c2~b
Tammy de Weerd. Mavor
--
Contractor ~ R'olllc¿>[EK II. L.
Ii /1 v>v , ~-----"-
/
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By:
CITY OF MERIDIAN
By:
Name:
Name:
Approved by City Council:
[CORPORATE SEAL]
[CORPORATE SEAL]
Attest
Attest
William G. Berg, Jr., City Clerk
33 East Idaho Avenue
Meridian, Idaho 83642
Telephone: (208) 888-4433
Address for giving notices
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Address for giving notices
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Telephone: ~Oli)
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Bid Document - Parks Landscape Maintenance Services
Page 19 of26
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MERIDIAN PARKS REG
PAGE 04
CITY OF MERIDIAN
LANDSCAPE MAINTENANCE SERVICES
ACCEPTANCE OF NOTICE OF AWARD
4 Receipt of ~ NOTICE OF A W. ARD is hereby aCknow~ed by
N'r"iV#,yy Œ. ' tlm. [3 day of ~I?c¡.¡
2ho6
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CONTRACTOR
By:_4fz Z
NAME: A TH.....y ;?;K
TITLE: lÎ16*'1ß6"'.e-
(SEAL ifby a corporation)
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Bid D()Cument - Parks Land~cape M~ìiitønance Sc:rvices
Page 12 of26
::¡
CITY OF MERIDIAN
LANDSCAPE MAINTENANCE SERVICES
TO:
NOTICE OF A WARD ~ - 7- tJ þ
I roh. (! re.ej¿ ¿ ¿ c..- DATED: 2~6
.......-.
d p it. fh ~I-c a I r La n¿(.J Cf¿j:J-< eM 1rÞ-vIrr- f
ß,?/~¿ I l,~ ..
PROJECT DESCRIPTION: LANDSCAPE MANTENANCE SERVICES
The CITY OF MERIDIAN has considered this Bid submitted by you for the
above described Wark in response to its Advertisement for Bids and Information for
Bidders.
You are hereby notified that your Bid has been accepted for:
Providing Landscape maintenance Services for the City of Meridian
In the amount of é'1'!hr h Vtl?du.-d rF.<VW? -f~
(written in words)
Dollars Per Week
($
9 13; 17g.. ) per week.
(figures)
-/zv~¡.h-#/~ ~k..r~h ¿¡L,F,'j(' ¡"'Yl~/'ðÆry-tÞvTotal Lump Some Dollars
.r - J (written in words) Per 34 Week Season
($ 2Jf/" ø 2-. e92-
(tfgures)
) per season
You are required to fully execute the Agreement and furnish the required
Certificates of Insurance within ten (10) calendar days fTom the date of the notice to you
that is by /J14/LôA 176 , ~t?o 6 .
If you fail to execute said agreement and to furnish said Certificates of Insurance
within ten (10) calendar days from the date of this Notice, said CITY OF MERIDIAN
will be entitled to consider all your rights arising out of the CITY OF MERIDIAN'S
acceptance of your Bid as abandoned. The CITY OF MERIDIAN will be entitled to such
other rights as may be granted by law.
You are required to return the attached ACCEPTANCE OF NOTICE OF
AWARD to the CITY OF MERIDIAN.
Bid Document - Parks Landscape Maintenance Services
Page 11 of 26
CITY OF MERIDIAN,
MERIDIAN, IDAHO
BY:~~
ATTEST:
Name:
Title:
TAMMY DE WEERD
MA YOR
G JR.
~
...
Approved by City Counci]: