Service Solicited - 2012 - Summer Lawns - Summer Lawns Landscape maintenanceSCANNE!
SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE
SERVICES BETWEEN CITY OF EAGLE AND
SUMMER LAWNS INC.
This agreement is made and entered into this 1St day of October, 2012, by and between the City
of Eagle, hereinafter referred to as "City," and Summer Lawns Inc hereinafter referred to as
"Summer Lawns." Collectively the City and Summer Lawns shall be referred to as "the
Parties."
WHEREAS, the City desires to provide lawn and landscape control services for community
property in order to protect the community's health and welfare in accordance with the
provisions of the City Code and to assure that the aesthetics and continued utilization of
municipal properties by the residents of Eagle persists; and,
WHEREAS, the City recognizes Summer Lawn as having the necessary qualifications,
equipment and capabilities to provide a full range of landscape maintenance services.
In consideration of the terms and conditions contained herein, the parties agree as follows:
1. Period of Agreement. This agreement shall cover a one-year period beginning the 1st day
of October 2012, and ending the 30th day of September, 2013.
2. Renewals. Upon the completion of the one year term of this Agreement, Summer Lawns
may renew it for an additional year, up to a total of three (3) years, by giving written
notice of the renewal at least thirty (30) days before the termination of this Agreement or
any renewal thereof to the City. All renewals of this Agreement shall be under the same
terms and conditions of this Agreement, or as agreed in writing by the Parties.
3. Landscape Maintenance. See Landscape Maintenance Proposal, Oct 1, 2012 —
September 30, 2013 with Attachment "A' for specific services Summer Lawn shall
provide. Summer Lawn shall perform only the specific functions for the City as outlined
in this Agreement and the accompanying Landscape Maintenance Proposal and
Attachment. The Landscape Maintenance Proposal shall be attached to the end of this
Agreement and is incorporated as a part thereof.
4. Indemnification.
a. City to Hold Summer Lawn Harmless. Summer Lawn, its officers, agents, and
employees, shall not be deemed to have assumed any liability for the acts of the
City or any officers, agents or employees thereof, and the City hereby covenants
and agrees to hold and save Summer Lawn and all of its officers, agents, and
employees harmless from all claims whatsoever that might arise against the
Summer Lawn, its officers, agents, or employees, by reasons of any acts or failures
to act on the part of the City, its officers, agents or employees.
b. Summer Lawn to Hold City Harmless. Summer Lawn hereby covenants to hold
and save the City and all its officers, agents, and employees, harmless from all
claims whatsoever that might arise against the City, its officers, agents, or
SEVICES AGREEMENT - 1
employees by reason of any acts or failures to act on the part of Summer Lawn, its
officers, agents, or employees in the performance of the duties required by the
terms of this Service Agreement. Furthermore, the Summer Lawn shall maintain,
and specifically agrees that it will maintain throughout the term of this Agreement,
liability insurance in which City shall be a named insured in the minimum amount as
specified in the Idaho Tort Claims Act set forth in Title 6, chapter 9 of the
Idaho Code. The limits of insurance shall not be deemed a limitation of the
covenants to indemnity and save and hold harmless City; and if City becomes
liable for an amount in excess of the insurance limits, herein provided, Summer
Lawn covenants and agrees to indemnify and save and hold harmless City from
and for all such losses, claims, actions, or judgments for damages or liability to
persons or property. Summer Lawn shall provide City with a Certificate of
Insurance or other proof of insurance evidencing the Summer Lawn compliance
with the requirements of this paragraph and file such proof of Insurance with the
City Clerk. Furthermore, Summer Lawn shall provide proof of insurance for
workers compensation in the statutory limits as requested by the State of Idaho.
In the event the insurance minimums of the Idaho Tort Claims Act are changed,
Summer Lawn shall immediately submit proof of compliance with the changed
limits.
5. Summer Lawn to be Independent Contractor. The Parties hereto agree and understand that
neither Summer Lawn, nor any person performing the requirements of this contract on
behalf of Summer Lawn, are employees of City. It is further understood that the
relationship between the City and Summer Lawn is that of principal -independent
contractor, respectively, and nothing herein shall be construed to be inconsistent with
the relationship.
6. Accounting and Documentation. Summer Lawn will account for City services
separately from other functions or political subdivisions and will assure all documents
(invoices, vouchers, etc.) identify landscape maintenance control costs. The Parties
shall abide by the following Billing Schedule — City shall pay Summer Lawns the sum
of $9,527.09 each month for 12 months in order to fulfill performance of this contract.
This monthly payment is based on $114,325.00 (Base Year Total Services). Summer
Lawns will invoice the City by the 10a' day of the month following the completion of
services for the previous month. Invoices received by the City by the 10a' of a month,
will be paid on or before the 10'' day of the following month.
7. Appropriation of Funds. This Agreement is contingent upon the City receiving the
necessary funding to cover its financial obligations. In the event that such funding is not
received or appropriated, then, and in that event, the City's obligations under this
Agreement shall cease and each Party shall be released from further performance under the
Agreement without any liability or penalty to the other Party.
8. Changes in Conditions. The Parties each agree to inform the other in a timely manner, of
any changes in conditions which may significantly affect the services provided by
Summer Lawn or associated costs.
9. Use and Maintenance of Tools. All tools and equipment employed by Summer Lawn on
City property shall be maintained and operated in a safe condition as provided for by the
SEVICES AGREEMENT - 2
manufacturer, as required by good safety practices and as specified by city, state, and
federal requirements. It is understood that the City shall not be responsible for supplying
any hand tools or equipment for the performance of this contract.
10. General Maintenance Obligation All working areas on City property wherein Summer
Lawn is performing labor shall be kept free of debris, including but not limited to grass,
limbs, trash, machinery, tools or other materials inconsistent with the area City property.
This obligation shall also include along the outside of the municipal properties.
11. Application of Landscape Maintenance Substances. The application of all pesticides,
fungicides, fertilizers or other synthetic or natural lawn care products shall be performed
according to product recommendations, industry standards, and city, state and federal
regulations.
12. Severability. Should any term, provision, or paragraph of the contract be held in a court
of law to be invalid, it is recognized by the parties herein that said terms, provisions or
paragraph so held invalid may be stricken and the remainder continues in effect.
13. Opt -Out. The Parties hereto agree and understand that either Party may opt -out of this
Agreement by serving upon the other party written notice of such thirty (30) days before
the party exercising this option seeks to end the contractual relationship.
14. Entire Agreement. This Agreement and all Attachments hereto embody the entire
agreement of the parties. There are no promises, terms, conditions, or obligations other
than those contained herein, and this Agreement supersedes all previous and
contemporaneous communications, representations, or agreements, either verbal or
written, between the parties.
15. Binding on Successors. This Contract shall be binding upon the Parties hereto and their
respective administrators, employees, successors, and approved assigns.
16. Assignment to Other Persons. Summer Lawns shall not assign any portion of this
Agreement to any other person or entity without the prior written approval of the City.
17. Controlling Law. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Idaho and the ordinances of the City of Eagle. No term or
omission of language in this Contract shall be construed to amend or waive any provision
of the regulations or ordinances of the City of Eagle. The venue for any claim, litigation,
or cause of action between the parties shall be in the Third District Court of the State of
Idaho for Ada County.
18. Entire Agreement/ Waiver of Default. The Parties agree that this Agreement is the
complete expression of the terms hereto and any oral or written representations or
understandings not incorporated herein are excluded. Waiver of any default shall not be
deemed to be a waiver of any subsequent default. Waiver or breach of any provision of
the Agreement shall not be deemed to be waiver of any other or subsequent breach and
shall not be construed to be modification of the terms of the Agreement unless stated to
be such through written approval by the City, which shall be attached to the original
Agreement.
SEVICES AGREEMENT - 3
DATED:—�-��
CITY OF EAGLE
ATTEST:
1L
SHARON BERGMANN
CITY CLERK/TREASURER
SEVICES AGREEMENT - 4
Summer Lawn Inc.
BY: c7i��
Attachment A
CITY OF EAGLE
REQUEST FOR PROPOSAL
PARK AND FACILITIES LANDSCAPE MAINTENANCE
BIDDING SPECIFICATIONS
The "Successful Bidder" is required to have an Idaho Contractor's License.
The "Successful Bidder" confirms that he/she has all necessary licenses, permits, and insurance to perform the
work described, including the following:
Anyone applying chemicals shall have a Professional Applicator's License issued by the Idaho
Department of Agriculture.
A minimum of $1,000,000 of general liability insurance shall be required.
A Workman's Compensation policy shall be in effect for the term of the Contract.
A current list of references.
Contractor's Certified Arborist shall work with the Public Works Director in regards to the care and
management of all trees and shrubs located on City property.
The "Successful Bidder" is required to provide all vehicles, materials, equipment, and supplies necessary to
maintain all areas in the City of Eagle including hauling all debris off site.
15` Street Parking Lot: Weekly service is required, based on 32 weeks and weekly service shall include the
Following:
Spring cleanup shall include clean up of planting beds and planters.
Planting annuals in the planters.
Regular maintenances of all trees and shrubs.
The health of all trees shall be monitored for signs of disease, mineral deficiencies, and insect damage.
Application of dormant oil to all trees.
Fertilization to trees annually.
Control of unwanted vegetation around the sidewalk, parking lot and etc.
Application of insect control as needed.
Pruning of shrubs & trees under 15' (twice per year).
Fall clean up of leaves and planting beds including the removal of all annual plantings and leaves and all
necessary pruning.
mer System Maintenance:
Start up of sprinkler system in the spring.
Monitor sprinkler system a minimum of 32 weeks to insure sufficient coverage of all turf and
planting beds.
Winterization of sprinkler system.
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2, Downtown Street Trees and FI a Plaza: Weekly service is required, based on 32 weeks and weekly
service shall include the following.
Removal of all trash from the site
Weekly weeding of all planting beds
Weekly weeding of all tree wells
Edging around walkways, trees, shrub beds & etc.
SuingClow Services:
Edging of tree rings & planting beds
Clean up of planting beds
Pruning of shrubs &trees under 15' (twice per year)
Removal of all clippings
Vezetation Control: Control of unwanted vegetation around fence lines, posts, pathways, borders, tree rings,
planting beds, parking lots and etc.
Tree and Shrub Care: The health of all trees shall be monitored for signs of disease, mineral deficiencies, and
insect damage.
Application of dormant oil to all trees.
Fertilization to trees annually.
Application of insect control as needed.
Fall Services: Fall clean up of leaves and planting beds including the removal of all annual plantings and leaves
and all necessary pruning.
Sprinkler System Maintenance:
Start up of sprinkler system in the spring.
Monitor sprinkler system a minimum of 32 weeks to insure sufficient coverage of all turf and planting
beds.
Winterization of sprinkler system
3. General Maintenance for the followine nronerties•
FRIENDSHIP PARK
ORVAL KRASEN PARK
ARBORETUM PARK
HERITAGE PARK
MERRILL PARK
EAGLE SPORTS COMPLEX
GUERBER PARK
PLAZA STREET PARK
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EAGLE CITY LIBRARY
CITY HALL
SCENIC BY -WAY INTERPRETIVE SITE
WEST ENTRY SIGN
EAST ENTRY SIGN
HIGHWAY 55 NORTH ENTRY SIGN
EAGLE ROAD COMMON AREA & STREET TREES
PLAZA PATHWAY
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Weekly mowing service is based on 29-32 weeks, depending upon weather conditions.
Weekly mowing service shall include the following:
Removal of all trash from the site before mowing
Mowing and trimming of lawn areas
Weekly weeding of all planting beds
Edging around walkways, trees, shrub beds & etc.
Removal of grass clippings
Walking paths, playground, sandboxes, & waterways to be free from weeds & trash
Spring Cleanup Services:
Edging of tree rings & planting beds
Clean up of planting beds
Pruning of shrubs & trees under 15' (twice per year)
Removal of all clippings
Lawn Care Applications:
Fertilization and weed control: Fertilization and weed control shall be done on a per application basis 3 times
per year.
Insecticides: Insecticide application shall be done to control turf damaging insects, as needed.
Vegetation Control: Control of unwanted vegetation around fence lines, posts, pathways, borders, tree
rings, planting beds, parking lots and etc.
Sprinkler Svstem Maintenance:
Start up of sprinkler system in the spring.
Monitor sprinkler system a minimum of 32 weeks to insure sufficient coverage of all turf and planting
beds.
Winterization of sprinkler system
Tree and Shrub Care:
The health of all trees shad be monitored for signs of disease, mineral deficiencies, and insect damage.
Application of dormant oil to all trees
Fertilization to trees annually
Application of insect control as needed
Fall Services:
Fall clean up of leaves and planting beds including the removal of all annual plantings and leaves and all
necessary pruning.
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4. Merrill Park Additional Maintenance:
Turf, Non-Mowed Areas & Natural Areas:
To be mowed/trimmed once in the fall with the clippings to be caught or removed.
Core Aeration is required twice a year
Overflow Parking Area:
Monthly mowing service for the overflow parking area East End of the ball fields shall include the following:
Removal of all trash from the site before mowing
Mowing and trimming
Removal of grass clippings
Small Pond Maintenance: The small pond located between the road and the parking lot needs to be cleared,
weeds mowed/removed and maintained once in the fall along with the other natural areas.
S. Guerber Park Additional Maintenance:
Core Aeration is required twice a year.
6. Eagle Sports Complex:
Core Aeration is required once a year.
7. Miscellaneous Charges:
General labor rate per hour
Sprinkler system repairs per hour
After business hours service calls
Regular service calls
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