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HomeMy WebLinkAbout05(L) - Approval of a Resolution Receiving Quotes and Awarding the Contract for the Mowing and Turf Maintenance Services ReportS:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 1 Standard Contract for Services This agreement (“Agreement”) is between the City of Prior Lake, Minnesota ("City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Bird’s Lawn Care, LLC ("Contractor") whose business address is 1117 Quincy St, Shakopee, MN 55379. Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. Scope of Work. Contractor agrees to provide, perform and complete all the services in accordance with the terms of this Agreement and attached Exhibit A (“Work”). The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. If Contractor’s proposal is attached as Exhibit A, City rejects any contract terms and/or general conditions included in such proposal unless specifically agreed to by the City in writing. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 18, 2022. This Agreement shall continue for one year thereafter, and automatically renew from year to year after expiration of said one-year period except that this Agreement may be terminated at the end of any one-year period with sixty (60) days prior written notice from either party. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $31,262.44 as full and complete payment for the Work in 2022 (“Contract Price”). Updated pricing for each subsequent year shall be provided by the Contractor by August 30 of each year, assuming neither party has issued a notice of termination. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services or materials that do not have prior written authorization. B. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by the period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed and the payments requested under this Agreement. Contractor shall provide an itemized listing of all expenses and such other documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the current billing, past payments and unexpended balance of the Contract Price. Invoices submitted shall be paid in the same manner as other claims made to the City. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 2 A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment, Contractor is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. B. Waiver of Claims. The Contractor’s acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for final payment. 5. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6. Contractor’s Employees. Contractor and its employees, representatives and agents shall comply with all City policies (no smoking, parking location, check in, sign it, etc.). Contractor and its employees, representatives and agents shall use care, coordination and communication in order to ensure City employees and guests are not disturbed or inconvenienced. Contractor’s employees, representatives and agents shall be neat appearing and at City’s request wear an identification badge approved by the City. Contractor must honor the City’s request to reassign an employee, representative or agent whom the City determines is unsuitable for the Work. When necessary, Contractor’s employees, representatives and agents will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. The City shall have the right to perform or require to be performed criminal background checks on any employee, representative or agent of the Contractor who will perform any aspect of the Work. The Contractor shall cooperate with the City in the performance of all such criminal background checks. 7. Contractor’s Representative. Contractor has designated a project representative to coordinate with the City and manage the Work. The project representative shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. Contractor may not remove or replace the project representative without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete the Work in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of the Work. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 3 9. City’s Obligations. City will provide access to public and private property as necessary for Contractor to perform the Work. City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Contractor, and shall inform the Contractor of all decisions required of City within a reasonable time so as not to delay the Work. The City shall furnish the Contractor with a copy of any applicable policy, standard or criteria, including but not limited to, design and construction standards, that may be required for the Work. 10. City's Representative. City has designated a project representative with respect to the Work. He or she shall have authority to transmit instructions, receive information, and interpret the City's policy and decisions with respect to the Work. 11. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of this Agreement (“Information”) shall become the property of the City, but Contractor may retain copies of the Information as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the Work does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Agreement is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 12. Insurance. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect Contractor and City against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Contractor agrees to maintain all coverage required herein throughout the term of this Agreement and for a minimum of two years following City’s written acceptance of the Work. A. Such insurance shall include, but not be limited to, the following minimum coverages and limits of liability: i. Commercial General Liability Insurance. Commercial General Liability Insurance protecting Contractor and City from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. The City, including its elected and appointed officials, employees, and agents, must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. Insurance minimum limits are as follows: S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 4 • $1,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all Contractor’s employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also provide Employer’s Liability Insurance with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. If Minnesota Statutes, Section 176.041 exempts the Contractor from Workers’ Compensation insurance, the Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes the Contractor from the Minnesota Workers’ Compensation requirements. iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance protecting City and Contractor from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage including Owned, Hired, and Non-owned Automobiles. iv. Professional/Technical (Errors and Omissions) Liability Insurance. Professional Liability (Errors and Omissions) Insurance that provides coverage for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Contractor’s professional services required under this Agreement. The Contractor is required to carry the following minimum limits: • $2,000,000 – per claim • $2,000,000 – annual aggregate The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the Contractor shall maintain such insurance for a period of at least two years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by the Contractor to fulfill this requirement. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 5 B. All of the insurance policies required by this Agreement shall comply with the following: i. The Contractor’s policies, except Worker’s Compensation Insurance and Professional/Technical Liability Insurance, shall be primary insurance and non- contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Contractor’s performance under this Agreement including the defense and indemnity obligations assumed by Contractor under this Agreement. ii. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by this Agreement. iii. All insurance shall be provided on an occurrence basis and not on a claims- made basis, except professional liability insurance or other coverage not reasonably available on an occurrence basis; provided that all such claims- made coverage is subject to the approval of the City Attorney. iv. Any insurance limits in excess of the minimum limits shall be available to the City. v. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. vi. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required. The City may require the Contractor to provide proof of ability to pay losses and related expenses within the deductible and retention. vii. The Contractor is required to submit a Certificate of Insurance acceptable to the City as evidence of the required insurance coverage requirements. viii. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty days’ advanced written notice to the City, or ten days’ written notice for non-payment of premium. ix. The Contractor is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein and said insurance is maintained as specified. x. If the City authorizes the Contractor to be self-insured, a Certificate of Self- Insurance must be attached. xi. The Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better and authorized to do business in the State of Minnesota, or as approved by the City. xii. The City reserves the right to immediately terminate this Agreement if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any remedies against the Contractor. xiii. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 6 xiv. The City’s failure to approve or disapprove the Contractor’s policies or certificates shall not relieve the Contractor of full responsibility to maintain the required insurance. xv. If the coverage period shown on the Contractor's current certificate of insurance ends during the duration of the project, the Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. xvi. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor under this Agreement. C. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to take one of the following actions within fifteen days of receiving notice from the City.: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 13. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Termination. This Agreement may be terminated by either party by thirty days' written notice delivered to the other party at the addresses written above. Upon termination S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 7 under this provision if there is no fault of the Contractor, the Contractor shall be paid for Work performed until the effective date of termination. 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to jointly select one person to act as mediator. If the parties are unable to agree upon a mediator, the parties shall ask the Scott County District Court to select a mediator. The mediation shall be conducted pursuant to the commercial mediation procedures of the American Arbitration Association but shall not be administered by the American Arbitration Association. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Each party shall bear its own costs of the mediation process. The parties shall share equally the fees and expenses of the mediator. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties acknowledge that mediation is a voluntary process, and that the mediator does not have the authority to bind either party absent the party’s consent. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. Notice. Any notice required or permitted under this Agreement shall be delivered in one or more of the following manners: (i) delivered personally; (ii) mailed by United States mail; or (iii) deposited cost paid with a nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an officer or agent of the Contractor or to the City Manager as applicable at the address set forth on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. 17. Independent Contractor. At all times and for all purposes, Contractor is an independent contractor engaged by City to perform the services described in this Agreement and Contractor shall have no authority to employ persons or make purchases on behalf of City, or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Contractor an employee of the City. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one year thereafter, without prior written consent of the former employer in each case. 19. Assignment or Subcontract. Contractor shall not subcontract any part of the Work; nor may Contractor assign this Agreement, or any interest arising herein, without the prior written consent of the City. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 8 20. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 21. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 22. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Work, and will require all of its subcontractors for the Work to incorporate such requirements in all subcontracts for the Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 24. Rights and Remedies. The duties and obligations imposed by this Agreement 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. 25. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 9 26. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 27. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 28. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 29. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 30. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, 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. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 10 CITY OF PRIOR LAKE __________________________________ Mayor ___________________________________ City Manager BIRD’S LAWN CARE, LLC By: ________________________________ Its: ________________________________ S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 11 EXHIBIT A - STANDARDS Section 1 – Spring Cleanup 1.1 Inspection of Area The Contractor shall inspect the areas and acquaint themselves with all locations, physical conditions and scope of work involved. 1.2 Scheduling Begin as soon as ground conditions and weather permits. Spring cleanup must be completed at all sites by May 15 of each year. 1.3 Quality Indicators 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 themselves with all physical conditions involved. 2.2 Scheduling Mowing shall occur between the hours of 7 AM - 7 PM, Monday through Friday, or 8 AM - 5 PM Saturday. 2.3 Cutting Intervals All turf areas shall be mowed at least once every seven (7) days. 2.4 Height of Cut All grass shall be maintained to a minimum height of 2.5" and a maximum height of 3.5". Mowers shall be sharp and always adjusted to the specified cutting height. The Maintenance Superintendent 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 Walks and Pavements Clippings will not be discharged onto sidewalks or pavements. All walks and pavements will be swept or blown clean after mowing to remove and properly dispose of all grass clippings and debris. 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. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 12 Section 3 – Edging and Weeding 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 Weeding Edging is defined as clipping of vegetation growing adjacent to, horizontally over or through walks, sprinkler heads, driveways, parking lots, trees, curbs, shrub beds, utility poles, sign posts, playgrounds or any other place where required to present a neat, well-maintained appearance. Edging will occur with every other grass cutting cycle, or more often if needed. Edging the cultivated areas around trees, shrubs, mulch beds, walks and pavements will 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 will 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 and May 20 each year (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 or September each year. Both applications shall be made before dandelions go to seed. Re-application at no additional cost will be required for unsatisfactory results. The designated City representative shall be notified a minimum of 24 hours prior to application. Contractor shall post sites with the appropriate signage indicating sites have been treated. 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. 4.2 Fertilizing Fertilizer shall be applied twice during the growing season. The first application shall be applied in early spring each year, after the spring cleanup and prior to May 20. 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. The second application shall be applied between August 15 and September 30 each year, 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 - Litter Pickup and Sidewalk & Parking Lot Maintenance 5.1 Inspection of Area S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 13 The Contractor shall inspect areas shown on the map to acquaint themselves with all physical conditions and the scope of the work involved. 5.2 Litter Pickup In conjunction with the weekly turf maintenance program, all areas within the contract area including sidewalks, parking lots, shrub beds and turf areas shall be monitored for litter and debris. 5.3 Sidewalk & Parking Lot Maintenance In conjunction with the weekly turf maintenance program, sidewalks and parking lots within the contract area shall be checked. Any gravel, stones, sand, dirt, broken glass or other debris shall be swept and properly disposed of. Weeds in cracks on sidewalks and parking lots shall be sprayed with Round-Up (or approved equivalent) and then removed after product takes effect. Section 6 – Fall Aeration 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 Scheduling To be completed between October 1 and November 1 each year, weather permitting. All sites shall be completed prior to first significant, sustained snowfall. 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 1 and November 1 each year, weather permitting. All sites shall be completed prior to first significant, sustained snowfall. 7.3 Quality Indicators A final cutting to a lower height of 2.0" to 2.5" will be done to prepare turf for winter. Removal and proper disposal of clippings and waste shall be included.