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HomeMy Public PortalAboutORD10597 BILL NO. � SPONSORED BY COUNCILMAN O ORDINANCE NO. 1 05­q AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR EXTENSION OF CONTRACT WITH JAMES BRIEDWELL, d/b/a BRIEDWELL LANDSCAPING, FOR LANDSCAPE MAINTENANCE AND REPLACEMENT WORK. I BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an Agreement for Extension of Contract with James Briedwell, d/b/a Briedwell Landscaping, for landscape maintenance and replacement work for the sum of $6, 425.00. Section 2 . The supplemental agreement contract shall be substantially the same in form and content as that supplemental agreement contract attached hereto as Exhibit A. Section 3 . This ordinance shall be in full force and effect from and after the date of its passage and approval. 22 c� Pa d; .1 34 r Approved: '� 4 I- h Presi ng Of icer M r ATTEST: =.City. 1erk AGREEMENT FOR EXTENSION OF CONTRACT FOR LANDSCAPE MAINTENANCE BY AND BETWEEN THE CITY OF JEFFERSON, MISSOURI AND JAMES BRIEDWEL.L, d/b/a BRIEDWELL LANDSCAPING This agreement fort the Exte s on of Co tract is made and entered into this ✓u day of 1986, by and between the City of Jefferson, Missouri (City) , and James Briedwell, d/b/a Briedwell Landscaping (Contractor) . WHEREAS, the City contracted with the Contractor for landscape maintenance and replacement plantings at the Police Station and Municipal Building on March 4 , 1985, and WHEREAS, in said 1985 Contract, the City retained the right of extending the contract from year to year with the Contractor to a maximum of three years, and WHEREAS, the City knows from evaluating the work produced under the original agreement that the Contractor can provide the desired services, and WHEREAS, the City continues to need the landscape maintenance and plantings services; NOW, THEREFORE, for and in consideration of this Extension of Contract, the Contractor does hereby agree to do and perform the desired landscape maintenance and planting work, as referred to above and described in the 1986 maintenance and planting plans and specifications , for the following prices and to accept payment therefor in the following manner: A., For Maintenance from March 1, 1986 to October 31 , 1986 At the end of each two ( 2 ) month period the Contractor shall submit a statement to the City specifying the amount due and that the maintenance has been performed for the two ( 2 ) preceeding months . On receipt of the statement, the City shall pay to the Contractor a sum of $1, 387 . 50 which is one-fourth of the contract amount of $5, 550 .00 for this service, provided that the maintenance services have been performed in a satisfactory manner. --2- H. For Replacement Plantings . The Contractor's price of $875 .00 is the maximum amount to be paid for the satisfactory completion of the work described in the Replacement Plantings section of the specifications . When the plant material and re-seeding has been accomplished in accordance with the specifications, the cost as set out in the specifications shall be due and payable. C. Statements Every payment shall be subject to receipt of a statement from the Contractor which specifies the amount due and payable under the terms of this contract. D. The total sum to be paid under this contract is an amount not to exceed $6,425 .00. It is agreed and understood by the parties hereto, that this Contract is entered into subject to all existing ordinances of the City pertaining to the work awarded and subject to the 1986 maintenance and planting plans and specifications on file in the office of the City Clerk, and which shall be considered a part of this Contract; that all questions arising as to the proper performance of this contract of such work in accordance with the plans and specifications therefor shall be decided by the Director of Planning and Code Enforcement of the City of Jefferson, Missouri, or by such competent person appointed by the Mayor and the City Council of the City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Planning and Code Enforcement that in the case of maintenance or planting, the City reserves the right at any time to suspend, relet or order an entire reconstruction of the work; that the Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the replacement work by May 1, 1986. The City reserves the right at any time to suspend, relet or order an entire reconstruction of the work awarded, and to declare the contract forfeited, but such suspension, reletting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor's noncompliance with this Contract. Liquidated damages of One Hundred Dollars ( $100. 00 ) per day will be assessed against the Contractor for each day the replacement work remains incomplete following the completion date or extension thereof. Aft -3- Contractor agrees to completely indemnify and hold harmless the City for any and all damages , injuries , actions , costs , attorney': fees and all other expenses whatsoever, arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties in no manner connected with said work. All interlineations, corrections, deletions and changes herein have been prior to the execution of this Contract. The City's right of contract extension and all insurance requirements contained in the original contract apply to this Agreement for Extension. IN WI'T'NESS WHERF4F the parties h here nto set their hands and seals this day of 1986. CITY OF JEFFERSON, MISSOURI By -� ` ayor ATTEST: City L31erk JAMES BRIEDWELL, d/b/ B IEDWELL LANDSCAPING By ATTES SPECIFICATIONS FOR LANDSCAPE MAINTENANCE AND REPLACEMENT PLANTINGS FOR TH3 THOMAS E. WHITECOTTON LAW ENFORCEMENT CENTER (REFERRED TO HEREIN AS THE "POLICE STATION" ) AND JOHN G. CHRISTY MUNICIPAL BUILDING (REFERRED TO HEREIN AS THE "MUNICIPAL BUILDING" ) PART 1 GENERAL CONDITIONS 1. Description of Work The Contractor shall supply the labor, materials and equipment needed to provide for the proper care and maintenance of the landscape plantings and lawn areas of the Police Station , and the Municipal Building. The areas to be maintained are bounded by Monroe Street, East McCarty Street, Adams Street and the first alley south of and parallel to East McCarty Street. The care, maintenance and replacement plantings shall be in accordance with accepted horticultural practices and these specifications . Lift 2. Inspector The Department of Planning and Code Enforcement will provide for the inspection of the work. The inspector shall decide all questions that may arise as to manner of performance and acceptable fulfillment of the contract by the Contractor. Suspension of work may be ordered in writing by the Director of Planning and Code Enforcement if deemed to be in the public interest. 3. Protection of Property During the prosecution of the work, the Contractor shall be responsible for all damage or injury to any property that results from any act, omission, neglect, or misconduct in his execution of the work. He shall be responsible for all damage or injury due to defective work or materials . Repair or replacement of damaged or injured property shall be at the Contractor's expense and shall be similar or equal to that existing before such damage or injury occurred. 4 . Contract Periods The landscape maintenance work shall be performed from March 1, 1986, to February 28, 1986. -1- SPECIFICATIONS PART 1 Page -2- 5. Condition of site During the maintenance work the site shall, insofar as possible, be kept in an orderly condition. Continuing efforts will be made to keep sidewalks clean and free of obstructions . All weeds and other debris shall be removed from the site. 6. Performance of Work The Contractor shall accomplish routine maintenance, such as mowing, watering and weeding, without phone calls from the Owner. The Contractor shall notify the Owner prior to the application of fertilizers and herbicides and before installing plant materials . The Contractor shall, if requested by the Owner, furnish bag tags to the Owner. 7. Trees (a) Plants shall be nursery grown in accordance with good horticultural practices , and g.cown under climatic conditions similar to those in the locality of the project for at least two years . (b) Plants shall be freshly dug. No heeled-in-plants or plants from cold storage will be accepted. (c) Unless specifically noted otherwise, all plants shall be of specimen quality, exceptionally heavy, symmetrical, tightly knit plant, so trained or favored in its development and appearance as to be unquestionably and outstandingly superior in form, number of branches , compactness and symmetry. (d) They shall be sound, healthy and vigorous , well branched and densely foliated when in leaf. They shall be free of disease, insect pests , eggs or larves, and shall have healthy well developed root systems. They shall. be free from physical damage or adverse conditions that would prevent thriving with the specified results. -2- SPECIFICATIONS PART 1 Page -3- (e ) Plants shall be true species and variety and shall conform to measurements specified in the plant list except that plants larger than specified may be used if acceptable to the Owner. Use of such plants shall not increase the contract price. If larger plants are acceptable the 'fall-of-earth shall be increased in proportion to the size of the plant . (f) Caliper measurement shall be taken at a point on the trunk ten ( 10" ) inches above natural ground. (g) Plants shall be measured when branches are in their normal position. Height and spread dimensions specified refer to the main body and not from branch tip to tip. (h) If a range size is given, no plant shall be less than the minimum size and not less than fifty ( 50%) percent of the plants shall be as large as the maximum size specified. The measurements specified are the minimum size acceptable and are the measurements after pruning, ® when pruning is required. M Plants that meet the measurements specified, but do not possess a normal balance between height and spread shall be rejected. (j ) Plants shall not be pruned before delivery. Trees which have been damaged or crooked leader, or multiple leaders, unless specifically specified, will be rejected. Trees with abrasions of the bark, sunscalds , disfiguring knots; or fresh cuts of limbs over 1 1/4 inches which have not completely calloused, will be rejected. Additional pruning to be done under the direction of the Owner. (k) Plant Labels - Plant material labels shall be durable, legible labels stating the correct plant name and size in weather-resistant ink or embossed process . Attach securely to all plants, bundles, and other containers of plant material delivered being careful that those attached directly to plants will not restrict growth. ( 1) All stock shall be dug and placed with special care to avoid unnecessary injury to or removal of roots . Each variety shall be clearly and accurately labeled. Roots shall be carefully protected with wet straw, moss, or other material so plants arrive with roots in a moist and healthy condition. -3- SPECIFICATIONS PART 1 Page -4- (m) Plants indicated as balled and burlapped shall be lifted from the ground so as to retain a:s many roots as possible. Such plants shall be so dug and transported as to provide and retain a firm ball of the original soil. The ball shall be wrapped with burlap and securely tied to keep the ball firm and intact. The diameter of the ball shall not be less than that recommended by American Standards for Nursery Stock, and of sufficient depth to include the fibruous and feeding roots . Plants moved with a ball will not be accepted if the ball is cracked or broken before or during planting operation. 8. Grass Seed Provide fresh, clean, new-crop seed complying with the tolerance for purity and germination established by the Official Seed Analysis of North America. Provide certified seed of the g::-ass species proportions and minimum percentages of purity and germination. Seed shall be delivered to the site as packaged by the seed vendor with the certificate attached. The certificate shall show botanical and common name, percentage of weight , and percentages of purity, germination and weed seed for each grass seed species . Seed shall contain no noxious weeds . 9. Topsoil, Fertilizer_ and Michigan Peat (a) Topsoil shall be a fertile, friable natural topsoil typical of the locality. It shall not be two acid or alkaline and without mixture of subsoil and shall be free of stones, lumps , plants or their roots , sticks and extraneous matter, and shall not be delivered while in a frozen or muddy condition. It shall have at least three (3%) percent organic mattes and shall be sandy loam or loam. (b) Commercial Fertilizer - Shall consist of regular conurieycial mixture, delivered to the site in the original unopened containers which shall bear the manuf actors guaranteed statements of analysis , and shall be in a dry, free-flawing condition. (c) Organic Fertilizer - Shall be Mil-Organite, 6-4-0 or equal. -4- SPECIFICATIONS Aft PART 1 Page -5- (d) Michigan Peat - Shall be moss peat . It shall be finely shredded, consist of 90 percent organic moss peat, be brown in color and suitable for horticultural purposes . Shredded particles shall. not exceed 1/4 inch in diameter. Peat shall be measured in air dry condition, containing not more than 35 percent moisture by weight. Ash content shall not exceed 10 percent. 10. Materials for Planting (a) Wrapped material shall be a standard manufactured tree wrapping paper, brown in color with crinkled surface and fastened by an acceptable method. (b) Tree paint shall be: ( 1 ) Cabot Tree Paint, Inc. , Boston, Mass . ( 2 ) RTW Tree Surgery Paint, Toch Brothers, or ( 3) Prunning Compound, Sherwin- Williams . (c) Shredded Bulk Hardwood Bark Mulch as specified by Missouri Forest Products Marketing shall be clean, bark not to exceed four (40 ) inches in its largest dimension. Sample to be acceptable to the Owner. (d) Mulch for lawn seeding shall be clean, threshed straw. (e) Typar spun bonded polypropelene filter fabric, soil separator inat Style 3201 by DuPont or its equivalent. (f) All other plants and planting materials shall be inspected upon delivery to the site for conformity to specification requirements. 11. Planting Operations (a) Set plants at same relationship to finish grade as they bore to the ground from which they were dug, unless otherwise directed by Owner. Use planting soil to backfill approximately 2/3 full. Water thoroughly before installing remainder of the planting soil to top of pit, eliminating all air pockets . (b) Set planting plumb and brace in position until the planting soil has been tamped solidly around the ball and roots . -5- SPECIFICATION Aft PART 1 Page -6- (c) Protect plants at all times from sun or drying winds. Plants that cannot be planted immediately on delivery shall be kept in the shade well protected with soil, wet moss or other acceptable material and shall be kept well watered. Plants shall not remain unplanted for longer than three ( 3 ) days after delivery. (d) Plants shall not be bound with wire or rope at any time so as to damage the bark or break branches. (e) Mulch all pits and beds with a three ( 3" ) inch (two inches for ground cover) layer of hardwood bark mulch immediately after planting. Mulch material is to be approved by Owner. Water all plants immediately after planting. (f ) Smooth planting areas to conform to specified grades after full settlement has occurred and mulch has been applied. Form a six ( 6" ) inch deep saucer around tree pits and a four (4" ) inch deep saucer around shrub pits. (g) Balled and Burlapped Trees and Shrubs . Cut ropes or strings from top of ball after plant has been set. ]Leave burlap or cloth wrapping intact around balls. Turn under and bury port:i.Dns of burlap at top of ball. 12. Acceptance The Owner will inspect all repla:ement work for substantial completion upon written request of the Contractor. The request shall be received at least ten ( 10 ) calendar days before the anticipated date of inspection. Acceptance of plant material by the Owner shall be for general conformance to specified size, character and quality, and shall not relieve the Contractor of responsibility for full conformance to the contract documents, including correct species . 13 . Final Inspection At the end of the guarantee period, the Owner shall inspect all guaranteed work, upon written request of the Contractor. The request shall be received at least ten calendar days before the anticipated date for final inspection. -6- , r SPECIFICATIONS PART 1 Page -7- 14 . Guarantee (a) All replacement trees and shrubs shall be guaranteed by the Contractor for a period of one ( 1 ) year from the date of acceptance to be in good, healthy and flourishing condition. (b) The Contractor shall replace without cost to the Owner, and as soon as weather conditions permit and within a specified planting period, all trees and shrubs not in a vigorous, thriving condition as determined by the Owner during and at the end of the gua^antee per:..od. The plants shall be free of dead or dying branches and branch tips, and shall bear foliage of a normal density, size and color. Replacements shall be subject to all requirements stated in this specification. (c) The Contractor shall make all necessary repairs due to plant replacements . Such repair shall be done at no extra cost to the Owner. Aft PART 2 Alkk SPECIFICATIONS .FOR .LANDSCAPE MAINTENANCE AND REPLACEMENT WORK A. MAINTENANCE The Contractor shall remove all clippings, trimmings , and pulled weeds from the a.^ea. 1) Lawn Areas (a) Mowing The Contractor shall use a mower with a sharp blade set at a `eight o` one and one-half ( 1 1/2" ) inches to mow the lawn area. The lawn is to be mowed whenever the grass is two and one- half (2 1/2" ) inches high. In periods of hot, dry weather the mowing height may be increased at the direction of the Owner. Remove all grass clippings during or immediately after mowing. For newly seeded areas the straw mulch shall be maintained to have a uniform distribution and may be left in place if it does not hinder the eG-tablishment of the lawn. (b) Edging of Sidewalks During the mowing season sidewalks adjacent to lawn areas shall be edged with an edging machine each time the lawn is mowed. Sidewalks shall be swept clean following edging, trimming and mowing. (c) Tr imming Grass shall be neatly trimmed along walks and around signs and other obstacles each time the lawn is mowed. The Contractor may be permitted to use chemical eradicants to reduce the amount of trimming after consultation with the Owner. 2) Ground Cover Beds (a) Mulch Mulch planting beds with bark mulch between ground cover plants ; place not less than two ( 2" ) inches thick. Maintain this thickness throughout the contract period. Mulch will not be required in those areas where established ground cover plants are providing total cover of the soil. (b) Prune and Train Allow ground cover plants to trail over walls and climb the face of the building. Keep plant materials trimmed away from windows . Trim back bedding plant, that extend over the wooden bed MV edging or place back inside of bed. (c) Gravel Beds Hand weed these beds near the southeast corner of the Police Station Building. Apply soil sterilization chemicals to areas where plant growth occurs . Keep beds free of new plant growth and dead plant materials . 3) Trees and Snrubs (a) Mulch Mulch shrub planting beds and tree pits; place mulch not less than .hrea (3" ) inches thick. Maintain this thickness through the duration of the contract period. -9- (b) Pruning and Training ( 1) General. All pruning of trees and shrubs will be done under the supervision of the Owner. Use only clean sharp tools which have been sterilized prior to doing work in the project area. Prune according to standard horticultural practice to preserve the natural character of the plant unless otherwise directed by the Owner. Remove all dead wood, suckers and broken branches . ( 2 ) Trees . Remove lower branches at the direction of the Owner and prune as per b. ( 1 ) above. (Maximum of three trees with no tree having a height exceeding fourteen ( 141 ) feet) . (c) Juniper Shrubs Pull branches toward wall of the Police Station Building to obtain better ground coverage. Secure with "U" shaped galvanized wire pushed into the ground. Work to be done under the direction of the Owner. (Maximum of twenty ( 20 ) shrubs ) . (d) Nannyberry Viburnume, Spar Magnolia, and Serviceberry. Prune and shape to create multiple trunk tree, growth habit with each plant to have from 3 to 5 main. stems . Work to be done under the direction of the Owner. (Five Nannyberry, six Star Magnolia, and one Serviceberry) . (e) Euonymus Pruning of Euonymus materials that have or are subject to Crown Call shall be dune with sterilized tools . 4 ) Watering Water will be furnished by the Owner. Hoses and sprinklers a;:e to be furnished by the Contractor. The Municipal Building underground lawn sprinkling system provides approximately ninety percent coverage of the lawn areas around the Municipal Building and may be used by the Contractor. . Areas not covered by the sprinkling system are to be watered with hoses and sprinklers . One third of the sprinkler system can be in operation at one time. There . is no sprinkler system ® at the Police Station; outside water hose connections are available. Refer to Plan for areas where special watering is required. -10- The Contractor shall water the landscape plantings and lawn areas at sufficient intervals and in sufficient amounts to promote the growth and development of the plantings and the lawn. Lawn areas are to receive approximately one ( 7.11 ) inch of water (combined rainfall and artificial watering) each week during the growing season. Particular attention must be given to plantings under roof overhangs where natural rainwater does not reach the plantings . Watering will be conducted in a manner which does not unnecessarily block entrances and sidewalks, waste water, or spray on glass surfaces . Sprinkling equipment shall not be left on lawn areas between waterings . 5 ) Weeds and Litter (a) Established Lawn Areas . ( 1) A pre-emergent herbicide to control only undesirable grasses and weeds shall be applied in early Spring, 1986, in accordance with manufacturers directions . ( 2 ) Weed Control RP a) During the first warm days of Spring, apply Weed-B-Gone, 33 Plus , or equivalent to lawn areas in accordance with manufacturer's directions . Do not apply to newly seeded areas . Do not apply under the drip line of existing trees or in areas where run-off could carry the chemical into planting beds . b) During the third week of September, apply 2- 4-D (amine form, granular or liquid) to all lawn areas in accordance with manufacturer's directions. Apply when there is no wind. (b) Beds, Planting Pits and Fence ( 1 ) A pre-emergent herbicide to control undesirable weeds and grasses shall be applied in early Spring, 1986, in accordance with manufacturers directions to all beds, planting pits and under the fence at the Police Station. ( 2 ) All beds, pits and the fence between the Police Station parking lot and the Municipal Building shall be hand weeded. These areas are to be free of weeds on the first day of each monthh throughout the duration of this contract. Sucker growth from desirable -11- shrubs shall be removed in a manner that does not damage the shrubs . The Contractor shall be responsible for the replacement of any plant materials seriously damaged in the weeding process . ( 3) The Contractor shall be responsible for removing litter from the planting beds. Keeping other areas free of litter (parking areas , lawn areas, etc. ) shall be the responsibility of the Owner. 6 ) Fertilization (a) Lawn Areas The first fertilization shall be in accordance with Section B. Replacements . In late May, early September, and early November, apply 15 pounds of Mil-Organite, 6-4-0 organic fertilizer per 1, 000 square feet of lawn area. (b) Ground Cover Beds, Shrub Beds, and Tree Pits In early Spring and in late Fall, accomplish the following for all ground cover beds , shrub beds and tree pits : (b-1 ) Expose soil under the plant material by raking back the mulch. With hand tools, scratch the surface to loosen the soil without disturbing the roots . (b-2 ) Apply five pounds of 12-12-12 fertilizer for each 1, 000 square feet of exposed earth area in the Spring. Replace mulch. -12- 7 ) Control of Insects and/or Disease AOL If in the course of the work the Contractor determines there is a need to spray or otherwise protect the plants from disease or insects , the Contractor shall recommend to the Owner the type of treatment needed. The application of this treatment shall be at the Owner's expense. The Contractor shall be particularly alert to detecting signs of Euonymus Scale, Red Spider infestations, Cedar-Apple Rust and Ivy Leaf Spot. As a preventative measure the Contractor shall, at his expense, spray all juniper shrubs for bag worms once each week for the first three weeks in June with carbaryl in accordance with manufacturers directions . (Maximum of twenty (20 ) shrubs ) . E. REPLACEMEN'T'S 1) Plant one Sarcoxie Euonymus, 24" to 30" , b and b or container grown at location shown on plan. Plant prior to April 15, 1.986, at a cost of $25 .00. 2 ) Aerate and dethatch all lawn areas .' Then re-seed with Rebel Fescue at the rate of 6 pounds per 1, 000 square feet. Follow this by fertilizing the soil with a slow release fertilizer in late March. This shall be accomplished for $600 .00. In late September, re-seed again with Rebel Fescue at the rate of 6 pounds per 1, 000 square feet. This shall be accomplished for $250.00. C. LICENSED PERSONNEL Persons applying herbicides and insecticides shall be licensed by the State of Missouri to perform this work. ..13-