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Landscape Maintenance Contract Signed AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 1 ST day of March, 2007, 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 Senske Lawn and Tree Care, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 763 N. Ralston St, Meridian, 1083642 and whose Idaho Contractor License # is 14205. 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 LANDSCAPE MAINTENANACE SERVICES - page 1 of 18 royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made 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 Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, 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, LANDSCAPE MAINTENANACE SERVICES - page 2 of 18 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. ' 3. Term: 3.1 This agreement ~hall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) October 30,2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement may be extended for 2 additional one (1) year periods if agreeable to both parties. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 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. 3.3 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. 3.4 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. Oeath of Contractor 3.5 Termination for non-appropriation of funds. The City is a government entity and the Agreement shall in no way or manner be construed so as to bind or obligate the City of Meridian beyond the term of any particular appropriation of funds by the City Council as may exist from time to time. The City reserves the right to terminate this Agreement in whole or in part (or any order placed under it) if, in it's sole judgment, the City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for the City to continue such payments. All affected future rights and liabilities of the parties hereto shall thereupon cease within ten (10) calendar days after notice to the Contractor. LANDSCAPE MAINTENANACE SERVICES - page 3 of 18 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 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. LANDSCAPE MAINTENANACE SERVICES - page 4 of 18 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the 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 which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, 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 LANDSCAPE MAINTENANACE SERVICES - page 5 of 18 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. 6.1.5 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. 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials. employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 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. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. 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: LANDSCAPE MAINTENANACE SERVICES - page 6 of 18 City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Senske Lawn and Tree Care. Inc. Attn: Tom Gritzmacher 763 N. Ralstin St. Meridian. 1083642 Idaho Contractor License #: 14205 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 _ 9, 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. 10. 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. 11. 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. 12. 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. 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 LANDSCAPE MAINTENANACE SERVICES - page 7 of 18 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 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. 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. 17. 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. 18. 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. 19. 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 LANDSCAPE MAINTENANACE SERVICES - page 8 of 18 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. 20. 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. 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. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. BY: CITY OF MERIDIAN TAMMY de WEERD, MAYOR BY: Dated: Dated: ~ /rd-/?=!- Approved bv Council: Attest: WILLIAM G. BERG, JR., CITY CLERK LANDSCAPE MAINTENANACE SERVICES - page 9 of 18 Approved as to Content BY: KElT Dated: Department Approval , BY: NAME: TITLE: Approved as to Form Dated: CITY ATTORNEY LANDSCAPE MAINTENANACE SERVICES - page 10 of 18 Attachment A SCOPE OF WORK The CONTRACTOR is to perform landscape maintenance services as set forth hereafter, on the grounds and at the frequency set forth in the Specifications. · Irrigation an all sites · Mowing, and weed eating · Turf fertilization, weed control, billbug control, crabgrass control · Planter bed maintenance, trimming shrubs, weed control, fertilization, weekly litter and debris clean up, edging · Tree well maintenance, weed control, clean up, edging SPECIFICATIONS AND SITE LOCATIONS Oescription of Work and Site Locations The work contemplated under this Agreement consists of providing landscape maintenance services on City owned property and other areas owned by A.C.H.D. but maintained by the City. The sites are listed below with an informational narrative for each one. Acreages based on the size of serviceable landscape area at each site. Contractor shall determine the acreage of each serviceable site for themselves. Fire Station # 4 2515 South Eagle Road .5 acres NOTE: Fire Station # 4 is still under construction. The landscaping will not be finished until about mid April. The bidder will have to set the price for maintenance based on the landscape plan that is provided in the bid package. The price can be added to the monthly billing when the site comes on line. South Medians Main Street by Meridian Speedway .125 acres NOTE: For safety reasons it is required to park and unload equipment from the speedway parking lot on the east side of main street. Equipment must be driven across 2 lanes of traffic to access the medians. Orange safety vests must be worn by employees while working at this site. LANDSCAPE MAINTENANACE SERVICES - page 11 of 18 Fire Station # 1 Corner of Franklin and Stratford .125 acres NOTE: Workers must park in the large parking lot in the back of the fire station. This will avoid obstructing emergency vehicles. A.C.H.D. # 1 Drainage area SIW Corner of Franklin and Locust Grove NOTE: The city is maintaining this property. It does not require the same level of maintenance as other sites. It has some creeping red fescue but is mostly broad leaf weeds and annual grasses. It only needs mowing and weed eating every other week. We recommend broad leaf weed control on the site and then just let the annual grasses fill in the area. Little or no fertilization is needed. The fence lines must be sprayed to keep them clean and free of weeds. A.C.H.O. # 2 Orainage area 81W corner of South Meridian Road and Overland. Note: The City is maintaining this property. It does require a higher level of maintenance than A.C.H.O. # 1. It will need mowing every week. Centennial Park Corner of East 3rd Street and Idaho.5 acres NOTE: This park gets a lot oftraffic from the Boys and Girls club in the summer months. This park should be mowed between 8:00 a.m. and 9:00 a.m. T avoid conflict with children. Centennial requires 4 flats of 4' annuals twice a year. Generation Plaza Corner of Main Street and Idaho .25 acres Note: There is a water fountain in the plaza but it is not part of the maintenance contract. The plaza requires 6 flats of 4' annuals twice a year. City Hall 33 East Idaho Ave. .25 acres NOTE: On Wednesday mowing is allowed after 12:00 noon only. City Hall requires about 15 flats of 4" annuals and twice during the season. HfR Building 703 North Main Id Farmers and Merchants Bank acres nfa Note: There is only a little planter bed in front of the building. The area should only be visited every other week. Pine Street School Corner of West Pine and North Meridian Road .125 acres Note: Service any time North Curve North Main and Fairview Ave, .125 acres Note: It is imperative that the curb and gutter be cleaned each week. There is always debris on the turf and it must be picked up before mowing. North curve requires 7 flats of 4' annuals twice annually. LANDSCAPE MAINTENANACE SERVICES - page 12 of 18 Fothergill Path North Meridian Rd. and E Woodbury 1.084 acres Note: There is about a 3 to 1 slope along the drainage ditch on this site. We recommend only 36" to 48" walk behind mowers on this slope. You can slide into the ditch with anything larger. It is much better to mow the slope in the afternoon when the grass is dry. There will be a construction project sometime in the spring to replace the asphalt path way. Fire Station # 3 3545 North Locust Grove .25 acres Note: Park trucks and equipment on the side parking lot. Fire Safe House 1901 East Leighfield NOTE: Can service it anytime. .35 acres Fire Station # 2 2401 North Ten Mile Road .125 acres Note: Park trucks and equipment on the side parking lot. Police Station 1401 East Watertower 2 acres Note: This area can be accessed after 8:00 am in the mornings. This area is on the maxicom irrigation system. The contractor can call the parks department and they will communicate the amount of time needed per station. Well # 26 6067 North Locust Grove Note: This area can be mowed at anytime. .15 acres It is the intent of the specifications that the CONTRACTOR furnishes all necessary labor, equipment and materials and shall perform all operations and frequency thereof as shown on the following schedule. Frequency Monthly Site Location Week # 1 Week # 2 Week # 3 Week # 4 Well # 26 1 1 1 1 Police station 1 1 1 1 Fire Sta. # 4 1 1 1 1 South Medians 1 1 1 1 -.- Fire Sta. # 1 1 1 1 1 A.C.H.D. drain # 1 1 1 Centennial Park 1 1 1 1 LANDSCAPE MAINTENANACE SERVICES - page 13 of 18 Generation Plaza 1 1 ' 1 1 1 git~!::@!L __ _ ". _ 1 1 1 . - H.R. BuildinQ 1 1 1 A.C.H.D. drain # 2 1 1 1 Pine Street School 1 1 1 1 North Curve 1 1 1 1 Fothergill Path 1 1 1 1 Fire Sta. # 3 1 1 1 1 Fire Safe House 1 1 1 1 Fire Sta. # 2 1 1 1 1 Schedule of Completion All Landscape Maintenance services to must be executed between the hours of 8:00 a.m. and 5:00 pm on regular business days Monday through Friday and must take in consideration the scheduled meetings and public hearings. No work shall be performed on legal holidays. Unless otherwise directed, landscape maintenance services on City property must be completed by 5:00 pm and all landscape maintenance staff must vacate the City property by that time. Rain Outs If the Contractor is rained out they may request to the Parks Oepartment that they wish to work on Saturday to catch up for the week. Conditions of Work The CONTRACTOR has informed himself/herself of the conditions relating to the work and it is assumed that he/she has inspected the site at which the work is to be done and has made himself/herself familiar with the required maintenance functions and frequency at the sites as shown in the previously listed frequency Schedule of landscape, maintenance. Special Pro~isions The contractor and emplovees must have and maintain an Idaho professional applicators license throuah the Oepartment of Aariculture. Names of the applicators and their license number and expiration dates must be submitted on the bid form. Only licensed professional applicators can apply herbicides or insecticides under this LANDSCAPE MAINTENANACE SERVICES - page 14 of 18 contract. Notification of chemical applications Contractor shall notify the Parks department 48 hours advance notice of any chemical or fertilizer aoolication. Notification numbers Mike Barton 440-8742 Elroy Huff 371-1755 Irriaation System: The Contractor is responsible for the daily Maintenance of the Irrigation System. All irrigation systems shall run in the evening hours from 11 :00 p.m. to 7:00 .am. Meridian Parks Oepartment will turn on the irrigation systems in the spring and ensure that each site is fully operational before they are turned over to the contractor. The Parks Department will communicate with the contractor to determine when water will need to be turned on. Meridian Parks Oepartment will do all irrigations system winterization in the fall. Blowouts will usually be completed in the 3rd week of October. Irriaation Repairs The Contractor must notify the Parks Oepartment Representative before any repair work can be done. The contractor should be ready explain the reason and the cost for the repairs, The contractor may be approved to do the repairs at that time. The Parks Oepartment reserves the right to do repair work to its own irrigation systems. Repairs by the Parks Department will be completed within 24 hours or as soon as possible. Sprinklers shall be replaced with the same product. Inspection of repairs will be done by the Parks Oepartment Representative. The contractor will be notified if repairs are not satisfactory. The Parks Department may inspect repairs by the contractor at any during the repair process. If it can be determined that the irrigation system was damaged by the contractor during any maintenance function, the contractor will affect repairs with no cost to the City of Meridian. LANDSCAPE MAINTENANACE SERVICES- page 15 of 18 Turf Grass Maintenance The Contractor is responsible for Turf Grass management. Turf areas shall be mowed weekly. The Parks Oepartment currently uses mulching blades on all of our mowers. The contractor mayor may not do the same. Mowing heights shall be 2 to 3 inches. If grass clipping get to heavy they shall be picked up or swept up. All debris shall be picked up before mowing begins. After mowing is completed back pack blowers shall be used to blow grass clippings off of the sidewalks on to grass. The sidewalks should be clean before employees leave the site, Turf shall be Fertilized 4 times per season. Liquid fertilizers or granular may be used. [Iron] products in granular fertilizers are prohibited. Granular fertilizers shall be blown off of sidewalks after application. Broad leaf Weed Control shall be applied 2 times per season. Weed control products containing [Oicamba] are prohibited. Pre-emergent herbicides shall be applied for crabgrass and control of other annual grasses. Except for [A.C,H,D. drainage bed.] Insecticides for bill bug and other grub control shall be applied. Except for [A.C.H.O. drainage area] and the [H.R. building]. Turf insect control shall be applied in granular form at recommended label rates. Shrub Bed Maintenance Shrub beds shall be kept clean and free of leaves, debris, and litter on a weekly basis. Shrubs shall be pruned naturally. Evergreen shrubs at City Hall are the only shrub that power shearing equipment may be used. At least 2 trimmings per season. Pre and post emergent herbicides may be used for weed control in shrub beds. Mechanical weed control may be used as an alternative to chemicals. Shrubs shall be sprayed for aphids, insects and spider mite control 1 time per season. Applications shall be completed before 6:30 a.m. The use of [ Casaron 4g] herbicide in shrub beds is prohibited unless approved by the LANDSCAPE MAINTENANACE SERVICES - page 16 of 18 Parks Oepartment. New mulch may be applied to shrub beds if approved by the Parks Oepartment. Tree Maintenance No trees will be maintained under this contract. Tree wells shall be maintained to the same standard as shrub bed maintenance. Care shall be taken to see that trees are not damaged by weed eaters or mower decks. Trees that die from mechanical damage will replaced by the contractor. Care should be taken to see that mower wheels and mower decks do not encroach inside the perimeter of the tree well. Valuable organic mulch can be lifted and blown out of the tree well. Tree wells shall be edged during the season as needed. Pre emergent herbicides may be used in tree wells for weed control. Mechanical controls may also be used. The use of Broad leaf herbicides, or [Casaron 4g] in tree wells is prohibited. Spot weed control applications with [Round Up herbicide] is permitted for use in tree wells. The applicator should take special care to make sure that Round Up is not sprayed onto exposed roots or onto the trunk of the tree. LANDSCAPE MAINTENANACE SERVICES - page 17 of 18 Attachment B MILESTONE I PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $ TASK OESCRIPTION OATE AMOUNT A. TOTAL YEAR ONE (1) for 36 weeks $34,646.00 B. TOTAL YEAR TWO (2) for 36 weeks $35,340.0 .- ...-- -- .-- C. TOTAL YEAR THREE (3) for 36 weeks $36,400.00 TOTAL FOR THREE YEARS + 10% CONTINGENCY $117,024.00 FOURTH AND FIFTH YEAR OPTIONS D. TOTAL FOURTH YEAR OPTION for 36 weeks $37,500.00 E. TOTAL FIFTH YEAR OPTION for 36 weeks $38,620.00 H, LANDSCAPE MAINTENANACE SERVICES - page 18 of 18