HomeMy WebLinkAboutItem 06.fFebruary 01, 2010 Item No.
CONSIDER APPROVAL OF LANDSCAPE MAINTENANCE CONTRACT
WITH GINGKO GARDENS & LAWNS
Proposed Action
Staff recommends adoption of the following motion: City Council authorize the Mayor
and City Clerk to execute Contract with Ginako Gardens & Lawns for Kensinntnn
through December 31, 2011.
Passage of this motion will result in contracting with Gingko Gardens & Lawns to
perform landscape maintenance on the above mentioned boulevard and center island
areas for 2010 and 2011.
Overview
The City has used contract landscape maintenance firms to maintain various city
properties throughout the City including Kensington Boulevard. Gingko Gardens &
Lawns, the contractor that has had the Contract for the past nine years, has agreed to
continue the work at the same price for 2010 and 2011 as the 2008 and 2009 Contract
($2,431.41 annually or $4,862.82 for two years).
Primary Issues to Consider
• Has Gingko Gardens & Lawns satisfactorily completed the work over the past nine
years?
Supporting Information
• Contract Agreement for Landscape Maintenance with Gingko Gardens & Lawns.
Henneri
Maintenance & Operations Mgr
Financial Impact: $2-431.41 /Annually Budgeted: Y/N Y Source: General Fund
Related Documents (CIP, ERP, etc.):
Notes:
CONTRACT FOR LANDSCAPE MAINTENANCE
Kensington Boulevard between 205`' Street & North Property Line of
Malt O Meal Company and Automated Assembly Properties LLC
AGREEMENT made this 1" day of February 2010, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and Gingko Gardens & Lawns
("Vendor").
IN CONSIDERATION OF THE MUTUAL COVENANTS THE PARTIES
AGREE AS FOLLOWS:
1. CONTRACTOR'S RESPONSIBILITIES.
1.1. "Vendor" shall be responsible for providing lawn maintenance services
for parcels or properties noted in "Exhibit A - Site Map."
1.2. The City of Lakeville's 2010-2011 Landscape Maintenance Standards for
Kensington Boulevard attached hereto as "Exhibit B" shall be incorporated herein and together
with this Agreement shall be referred to as the "Contract Documents" all of which shall be taken
together as a whole as the contract between the parties as if set out verbatim and in full herein.
In the event of conflict among the provisions of these documents, the terms of this Agreement
shall control resolving any such conflict.
2. INDEMNIFICATION.
2.1. The vendor shall indemnify, defend, and hold harmless the City and its
officials, agents, representatives, and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) with respect to: (a) Worker's
Compensation benefits payable on account of injury or death to any Vendor employee or to any
employee of Vendor's subcontractors, where the injury or death arises out of or is in any way
related to the work performed or to be performed under the Contract; (b) claims for personal
injury, death, or property damage or loss asserted by a Vendor or subcontractor or any of their
officers, agents, representatives, or employees where the injury, death, damage, or loss arises out
of or is in any way related to the work performed or to be performed under the Contract; and (c)
claims for personal injury, death, or property damage or loss as asserted by third -parties at the
work site, where the claim is based in the whole or in any part on, or is in any way related to, any
act or omission by Vendor, or Vendor's subcontractors, agents, employees or delegates.
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2.2. Vendor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the stated indemnities
shall apply regardless of any strict liability or negligence attributable to the City and regardless of
the extent to which the underlying harm is attributable to the negligence or otherwise wrongful
act or omission (including breach of contract) of Vendor, its subcontractors, agents, employees
or delegates. Vendor also agrees that if applicable law limits or precludes any aspect of the stated
indemnities, then the indemnities will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnities continue until all applicable statutes of
limitations have run.
2.3. If a claim arises within the scope of the stated indemnity, the City may
require Vendor to furnish a written acceptance of tender of defense and indemnity from
Vendor's insurance company. Vendor will take the action required by City within fifteen (15)
days of receiving notice from City.
3. TERM. The term of this contract shall be from April 1, 2010 — October 31,
2010 and April 1, 2011 — October 31, 2011. The City reserves the right to extend the Contract
for additional years under the initial conditions of the two-year Contract.
4. RIGHTS AND REMEDIES.
4.1. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
4.2. No action or failure to act by the City or the Vendor shall constitute a
waiver of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
5. GOVERNING LAW. The Contract shall be governed by the laws of the State
of Minnesota.
6. CONDITION/INSPECTION/REMEDY.
6.1. All goods and other materials furnished under this Contract shall be new
and in current manufacture, unless otherwise specified, and all goods and work shall be of good
quality, free from faults and defects and in conformance with the Contract Documents. All
services not conforming to these requirements shall be considered defective.
6.2. Services shall be subject to inspection by the City.
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6.3. Defective work shall be removed and replaced or satisfactorily repaired.
7. CHANGE ORDERS. Without invalidating the Contract, the City may, at any
time or from time to time, order additions, deletions, or revisions in the Work; these will be
authorized by Change Orders. Upon receipt of a Change Order, Vendor shall proceed with the
Work involved. Changes in the Contract Price shall be based upon the Bid Unit Prices.
8. UNAUTHORIZED WORK. Additional Work performed without
authorization of a Change Order will not entitle Vendor to an increase in the Contract Price or
an extension of the Contract Time.
9. OBLIGATIONS OF THE CITY. The City shall pay the Vendor for
performance of the Contract the sum of $325.00 per month (7 months X $325.00 = $2,275.00 +
$156.41 tax = $2,431.41 total per year) which amount is subject to change based upon quantities
of goods actually ordered by the City.
10. BONDS AND INSURANCE. Prior to commencing work on the Contract,
the Vendor shall furnish the City a certificate of insurance required by the Contract Documents.
CITY OF LAKEVILLE
M.
."M
Holly Dahl, Mayor
Charlene Friedges, City Clerk
VENDOR:
Its 0j'jY1tfr
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Exhibit A
This Center Island Bed' `
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Exhibit B
2010-2011 Landscape Maintenance Standards
For Kensington Boulevard
Section I — Spring Cleanup
1.1 Inspection of Area
The Contractor shall inspect the areas and acquaint himself with all locations, physical
conditions and scope of work involved.
1.2 Scheduling
Begin as soon as ground conditions and weather permits. Area sites to be completed by
May 15, 2010 and again by May 15, 2011.
1.3 Quality Indicators
All landscape beds are to be vacuumed/swept/raked to clean up any leaves, litter or sand.
All turf areas (boulevards and center islands) are to be swept/vacuumed. Remove and
properly dispose of all cleanup -related debris.
Section 2 — Lawn Mowing
2.1 Inspection of Area
The Contractor shall inspect the areas and acquaint himself with all physical conditions
involved.
2.2 Scheduling
Cutting shall occur between the hours of 7:00 AM — 7:00 PM, Monday through Friday,
and 8:00 AM — 5:00 PM, Saturday and Sunday.
2.3 Cutting Intervals
All turf areas shall be mowed at a maximum of seven (7) day intervals.
2.4 Height of Cut
All grass shall be kept cut to a minimum height of 2" and a maximum of 3".
Mowers shall be sharp and adjusted to the specified cutting height at all times. Skips in
mowing, streaking of lawns and dragged over grass without cutting will not be
accepted. The Park Maintenance & Operations Manager or the Parks Supervisor must
approve any changes to the minimum and maximum heights. The City reserves the
right to change the height of cut with proper notification to the contractor.
2.5 Policing of Grounds
Prior to mowing turf areas, all trash and debris including cans, rocks, bottles and papers
will be removed and properly disposed of.
2.6 Cleaning of Trails
Clippings shall not be discharged onto trails. All trails shall be swept after mowing to
remove and properly dispose of all grass clippings and debris.
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2.7 Grass Clippings
Grass clippings may remain on the turf, provided they are evenly disbursed. Any
detectable clumping must be promptly bagged and properly disposed of.
Section 3 - Edging, Weeding, Trimming and Pruning of Shrubs
3.1 Inspection of Area
The Contractor shall inspect the area and acquaint themselves with all locations,
physical conditions and scope of the work involved.
3.2 Edging and Trimming
Edging is defined as clipping of vegetation growing adjacent to, horizontally over or
through walks, sprinkler heads, driveways, curbs, shrub beds, utility poles, sign posts or
any other place where required to present a neat, well-maintained appearance.
Edging shall occur a minimum of every other grass cutting. Edging the cultivated areas
around trees, shrubs, mulch beds, walks and pavements shall be required once per
month. The grass shall be edged to a line parallel to, and not more than, one inch from
the edge of the walks and pavement or curbing.
3.3 Weed Control
Contractor shall provide a minimum of two applications of herbicide treatments. The
herbicide program shall consist of one application of a combination of pre -emergent
weed control (crabgrass) and broadleaf weed control herbicide (Barricade, Triplet,
Trimec or approved equal) between May 1—May 20 (contractor may apply pre -emergent
weed control and broadleaf weed control separately if desired), and one broadleaf weed
control herbicide (Triplet, Trimec or approved equal) in August -September. Both
applications shall be made before dandelions go to seed. Reapplication at no additional
cost shall be required for unsatisfactory results.
3.4 Trimming and Pruning
Shrubs and trees less than 25' shall be trimmed and pruned a minimum of 2 times by
experienced personnel or under the direct supervision of a qualified supervisor of the
Contractor. All pruning cuts shall be made with sharp tools at the collar of the parent
branch. Pruning and trimming shall be at a time that is not detrimental to the plants.
Shape pruning shall be performed in the spring to help control shoots from new growth,
and to maintain plant size. All sucker growth shall be removed as required throughout
the year. Corrective pruning shall be conducted in the fall to reduce overall plant size
as appropriate, remove dead limbs and branches, eliminate weak/crossing branches and
remove low -hanging branches. All trimmings shall be removed and properly disposed
of.
Section 4 - Fertilization
4.1 Inspection of Area
The Contractor shall inspect the areas to acquaint themselves with all physical
conditions and the scope of work involved.
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4.2 Fertilizing
Fertilizer shall be applied twice during the growing season. Once in early spring, after
the spring cleanup and prior to May 20th. The fertilizer shall be a minimum of 25%
slow release. A grade analysis of 20-0-20, 24-0-12, 30-0-15 or pre -approved equal
shall be applied at a rate of 1.0 pound of nitrogen per 1,000 square feet.
Fall application shall be applied between August 15 and September 30, and shall be a
grade analysis of 20-0-20, 24-0-12 or pre -approved alternate with a minimum of 25%
slow release, applied at a rate of 1.0 -pound nitrogen per 1,000 square feet.
Section 5 — Maintenance of Mulch Beds
5.1 Inspection of Area
The Contractor shall inspect the areas to acquaint themselves with all physical
conditions and the scope of work involved.
5.2 All mulch beds and tree mulch rings shall be maintained weed, grass and debris free.
Mulch beds shall be maintained at a 4" — 6" depth, with mulching material provided by
the City and installed when necessary by Contractor. Mulch beds shall be cultivated or
"fluffed" monthly.
Section 6 - Litter Pickup and Trail Maintenance
6.1 Inspection of Area
The Contractor shall inspect areas shown on the map to acquaint themselves with all
physical conditions and the scope of the work involved.
6.2 Litter Pickuy
In conjunction with the weekly turf maintenance program, all areas within the contract
area including trails, shrub beds and turf areas shall be policed for litter and debris.
Section 7 — Fall Cleanup
7.1 Inspection of Area
The Contractor shall inspect areas shown on the map to acquaint themselves with all
physical conditions and the scope of the work involved.
7.2 Scheduling
To be completed between October 7 and November 1, weather permitting. Area to be
completed prior to first significant snowfall (sustained snow cover).
7.3 Quality Indicators
All landscape beds and turf areas to be swept/blown/vacuumed clear of all leaves, litter,
clippings and debris. A final cutting at a lower height of 2-2%" is also done to prepare
turf for winter. Removal and proper disposal of clippings and waste is included.
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