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.
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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
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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.
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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.
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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.
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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.
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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 .
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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.
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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.
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(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.
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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
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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.
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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.
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