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HomeMy WebLinkAboutR-2022-025 Extending Contract for MoDot ROW Mowing for 2022 RESOLUTION NO. R-2022- 025 A RESOLUTION EXTENDING THE CONTRACT FOR MoDOT ROW MOWING FOR 2022 AND APPROVING THE AGREEMENT BETWEEN THE CITY AND LOTUS LAWNCARE AND SERVICES, LLC FOR SUCH PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS THAT the contract extension for Lotus Lawncare and Services, LLC for the 2022 MoDOT ROW Mowing in the amount of $85,000.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Lotus Lawncare and Services, LLC; in substantially the same form as attached hereto and incorporated herein by reference, is hereby authorized and approved, and the Mayor is authorized to sign such agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen the 15th day of March 2022. ‘tie--e/ktp ‘ , "_,t Kathleen L. Rose, Ma or ATTEST: • Robin Kincaid,,City Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Lotus Lawncare & Services, LLC FOR COMPLETION OF 2022 MoDOT ROW MOWING Project No. 322-022 RESOLUTION NO.: R 2022- 63,5 CONTRACT PRICE: $85,000 1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2022 MoDOT ROW MOWING Project No: 322-022 THIS AGREEMENT, made and entered into as of the 15 day of (.L�2ch , 2022, by and between the City of Riverside, Missouri ("City"), and Lotus Lawn Care & Services, LLC ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2022-0.15 , duly approved on the JStA_ day of nelpc� 2022 and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement;and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: 1. Contractor shall provide and pay for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit B and C to this Agreement (the "Work") in compliance with all provisions of this Agreement. 2. Contractor shall start the Work not later than; 04/30/22 or as directed by Resident Project Representative Contractor shall complete the Work not later than; 11/30/22 3. Provided Contractor performs all the Work in accordance with this Agreement and complies with all obligations of Contractor under this Agreement, City shall pay Contractor per cycle. This amount includes all costs of mowing project services performed for the cycle. Contractor shall submit a detailed invoice describing services performed at each area prior to receiving payment. 2 4. Subject to budget appropriations, the contract term may be extended for one additional one-year period upon the same terms contained in the original contract provided the parties mutually agree to such extension(s).If extended for 2023,the City of Riverside may adjust starting and completion dates and add additional or decrease mowing, as it deems necessary. 5. Contractor shall comply with all federal, state, local, and other governmental laws, ordinances, rules, regulations, orders, and the like applicable to the Work. Contractor shall secure all permits from public and private sources necessary for performance of the Work. 6. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent injury, damage, or loss to (a) employees and other persons at the site of the Work or who may be affected by the Work, (b) material and equipment stored at on-site or off-site locations for use in performance of the Work, and (c)other property at the site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of performance of the Work.Contractor shall give notices and comply with applicable laws, ordinances,rules,regulations,orders,and the like bearing on safety of persons or property or their protection from injury, damage,or loss. 7. Contractor shall ensure that the Work,at all times, is performed in a manner that affords reasonable access,both vehicular and pedestrian,around the site of the Work and all adjacent areas.Contractor shall at all times during performance of the Work keep the site of the Work and all adjacent areas clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its equipment,tools,machinery,waste, and surplus material. Contractor shall make provisions to minimize and confine dust and debris resulting from performance of the Work. 8. Only material and equipment that are to be used directly in the Work shall be brought to and stored at the site of the Work. After equipment is no longer required for the Work, it shall be promptly removed from the site of the Work. Protection of material and equipment from weather,theft,and all other casualty or damage is solely the responsibility of Contractor. 9. INSURANCE A. Contractor shall,at all times during the performance of any of the Work,maintain not less than the following insurance coverages and amounts: 1. COMMMERCIAL GENERAL LIABILITY-Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: (1) Each Occurrence $1,000,000.00 3 (2) General Aggregate $2,000,000.00 (3) Products/completed operations aggregate $2,000,000.00 (4) The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion,Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos.The coverage shall have not less than a combined single limit of$2,000,000.00 for each accident. 3. WORKERS'COMPENSATION AND EMPLOYER'S LIABILITY-This insurance shall protect the Contractor against all claims under applicable state workers'compensation laws. The Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers'compensation law. The limits shall not be less than the following: (1) Workers'Compensation Statutory (2) Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage shall provide contractual liability coverage for all indemnity obligations of Contractor under this Agreement. Each policy providing general liability or automobile liability coverage shall, in form satisfactory to City, (a)name as additional insureds City, its employees,officers, and agents, , and(b)provide that it is primary to any other insurance maintained by any additional insured,which other insurance shall be excess or contingent. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and expressly providing no less than seven days prior written notice to City in the event of cancellation, expiration, nonrenewal, alteration, or reduction(including but not limited to reduction by paid claims)of coverage or limits evidenced by the certificate.The certificate or certificates shall be delivered to City not less than 24 hours before Contractor performs any of the Work. 10. To the fullest extent permitted by law,Contractor shall defend, indemnify,and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals 4 engaged by or on behalf of City,from and against claims,damages,losses,and expenses,including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property, but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in party by a party indemnified hereunder. This obligation is not intended to,and shall not,negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this paragraph 10. In claims against any person or entity indemnified under this paragraph 10 by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable,the indemnification obligation under this paragraph 10 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefits acts, or other employee benefit acts. 11. Neither the City nor the Contractor shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent may be granted or withheld in such other parry's absolute discretion. Nothing contained in this Section shall prevent the Contractor from engaging independent consultants,associates,and subcontractors to assist in performance of the Work subject to prior approval by the City, which approval may be granted or withheld in the City's absolute discretion. 12. DEFAULT A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2)failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or(4)abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision,materials,tools, equipment, services, or other items through City or others,to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the pe 1 formance of such Work,through City or others, at Contractor's expense. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials,tools,equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or 5 fabricated away from the site, as may be necessary to prosecute the Work taken over by City,and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor,supervision,materials,tools,equipment,services,overhead,travel,and legal and accounting fees.Contractor also shall be liable for and shall pay to City all charges,liabilities,fines,penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities,fines,penalties, losses,damages,and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of evely other right or remedy, and evely right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. 13. TERMINATION FOR CITY'S CONVENIENCE. City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience,and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. 14. AUTHORIZED EMPLOYEES. Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing,hiring for employment,or continuing to employ an unauthorized alien to perform work within the State of Missouri.Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ,hire for employment,or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. 15. This Agreement does not create an employee/employer relationship between the parties. It is the parties'intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act 6 minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers' Compensation and Unemployment Insurance laws. 16. This Agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties. 17. This Agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated,venue shall be proper only in the Circuit Court of Platte County, Missouri. 18. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 19. All financial obligations of the City pursuant to this Agreement shall be subject to appropriation. 20. Nothing in this Agreement shall constitute or be construed as a waiver of the City's sovereign immunity. 21. By executing this Agreement, Contractor certifies it is not currently engaged in, and shall not, for the duration of the Agreement, engage in a boycott of goods or services from the State of Israel; companies doing business in, or with, Israel companies authorized by, licensed by, or organized under, the laws of the State of Israel; or persons or entities doing business in the State of Israel. 22. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving.No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.No failure to exercise, or delay in exercising,any right,remedy,power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 7 IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date first above written. APPROVED AS TO FORM: ATTORNEY: By: F' _ Attorney, v C q,wl 0 COUNTERSIGNED BY: CITY PURCHASING AGENT: By: Bria . Korai Ci Administrat r CITY OF RIVERSIDE: By: Kat n L. Rose, Mayor ATTEST: Robin"Kincaid, City Clerk CONTRACTOR: By: (Signature) Printed Name: Title: ATTEST: SECRETARY, (Name Printed) 8 IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the date first above written. APPROVED AS TO FORM: ATTORNEY: By: Attorney, COUNTERSIGNED BY: cm PURCHASING AG ' By: Korai Cit Administxa CITY OF RIVERSIDE: By: Kad..7741/4.4x>r'6e-d, L.Rose,Mayor ATTEST: • " Robin Kincaid,City Clerk CONTRACTOR: By: 61- • - Y5 (Signature) Printed Name: 31c, Title: e+i•Vjel ATTEST: SeMau.�r— SECRETARY, (Name Printed) 8 EXHIBIT A Time for Completion 2022 MoDOT ROW MOWING (Project No.322-022) Time for Completion: 11/30/2022 9 EXHIBIT B SCOPE OF WORK for 2022 MoDOT ROW MOWING (Project No. 322-022) Contractor shall perform the following Work as more fully set forth in the Contract Documents: All Work necessary to complete the 2022 MODOT ROW MOWING as shown on and in accordance with the Technical Specifications and/or Drawings. The Work in the Project shall include but is not limited to the following: • Mowing • String Trimming • Pruning • Detail/Finish • Sweeping/Blowing • Herbicide Spraying of Weed/Volunteer Growth Contractor to provide all necessary equipment, labor,and material necessary to perform the Project as shown in the Contract Documents. The Work includes,but is not limited to,the following: 1. Schedule and Coordinate all necessary inspections. 2. Provide all weather provisions to meet the schedule set forth in the contract documents. 3. Provide clean up associated with the contractor's work. Site is to remain free of debris during the work. 4. Provide all traffic control as required throughout the work. 10 t' ..1 :4, , - .. •.A....,...1*,' . - ' - ,, ..,. . \\.. 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EXHIBIT B: MAP 7 OF 7, page 37 1 0 .5 1 2 No em SCALE 1" = 300' IZIO mo 300 0 150 300 600 EXHIBIT C TECHNICAL SPECIFICATIONS 2022 MoDOT ROW MOWING (Project No.322-022) The following Specifications govern Contractor's performance of the Work: ENUMERATION OF SPECIFICATIONS AND ADDENDA: Following are the Specifications and Addenda governing the work,which form a part of this contract,as set forth the Contract Documents: SPECIFICATIONS: Division 1—General Requirements Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 SCHEDULE 01524 WASTE AREA,MATERIAL STORAGE AND SITE APPEARANCE 01570 TEMPORARY TRAFFIC CONTROL Division 2—Site Work Section Description 02230 MOWING CYCLE 02350 MAINTENANCE SPECIFICATIONS ADDENDA: No. Date 18 EXHIBIT D CITY OF RIVERSIDE MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: ,2022 PROJECT: 2022 MoDOT ROW MOWING PROJECT NO.: 322-022 RESO: 2022- (approved ,2022) TO: Contractor: Lotus Lawncare&Services, LLC (address) 14050 NW Robinhood Lane Kansas City,MO 64164 You are hereby notified to commence work on or after the ,2022 in accordance with the Agreement dated ,2022. The date of substantial completion is 11/30/2022. The project shall be completed and ready for final payment by 12/15/22. CITY OF RIVERSIDE BY: Brian E. Koral,City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Signature) (Printed) (Title) (Company) this the day of ,2022. 19 DIVISION 1 - GENERAL REQUIREMENTS 20 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. If the Contractor desires access to private property that is outside the project limits,the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to the City prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Measurements: Any dimensions provided shall be verified by the Contractor. Any discrepancies between the specifications and the existing conditions shall be referred to the Owner for adjustment, before the work is performed. C. Protection of Monuments: The Contractor must carefully preserve benchmarks, references or stakes and in case of willful or careless destruction,shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by the Contractor's operations and shall replace, at Contractor's own expense, in a manner approved by the Owner any such broken or damaged material. The Contractor should inspect their area, upon contract award, for any observable damage, including trees, prior to conducting any work activity in the assigned project area. Any observed damage shall be documented by memo to the Resident Project Representative. E. Delivery of Materials: The delivery of all materials,equipment,and miscellaneous items entering into the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. 01040 COORDINATION: A. The Contractor shall be responsible for obtaining a Riverside City Business License. B. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of the work. C. In the event certain parts of work are assigned to subcontractors,the Contractor shall be responsible to ensure each subcontractor completes work. All subcontractors shall also coordinate their work with the Owner through the Contractor. 21 D. The Contractor is solely responsible for all Assignments of Work among subcontractors. E. The Contractor shall be responsible for assigning and coordinating work and ensuring that subcontractors are familiar with all requirements in Contract Documents relating to each item of work,regardless of location of information in Contract Documents. 01270 MEASUREMENT AND PAYMENT A. It is the intent of the Contract Documents that all costs in connection with the Work,including furnishing of all materials,equipment,tools,supplies and appurtenances;and performing of all necessary labor to fully complete the Work,shall be included in the unit and lump sum prices named in the Bid Form. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Bid Form. All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary obligation of the Contract,and all costs in connection therewith shall be included in the process named in the Bid Form. B. Whenever in the Bid Form there is a discrepancy between unit prices and extensions or totals,the unit prices will govern,and the extensions or totals will be corrected accordingly. C. Items for payment will be measured in accordance with the stipulations of these specifications and as further shown on the drawings. Pay limits given are maximum, and where actual quantities of work items are less than as computed by said pay limits, the Contractor will be paid only for the actual quantities. D. Payment will be made as the sum of the following: 1. Final authorized quantity of each item in the Bid Form multiplied by the contract unit price therefore. 2. Lump sum payment for each item so listed in the Bid Form, at the contract lump sum price therefore. 01310 JOB SITE ADMINISTRATION A. Supervision &Communication: The Contractor, or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work, whenever activities are underway, for the duration of this project. Contractor supervision is not required provided that equipment or other means are provided that enable the work crew to communicate with the Contractor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. B. Authorized Representative:The Contractor shall designate, in writing,the duly authorized representative(s). The duly authorized representative(s)will be the official liaison between the Owner and Contractor regarding the signing of invoices, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 22 C. Safety Requirements: All workers within Highway right of way shall wear approved ANSI/ISEA 107 Performance class 2 or 3 safety apparel and more specifically workers shall wear a high visibility hard hat, safety glasses, a Performance Class 3 top OR a Performance Class 2 top and safety toe footwear. D. Safe Operation of Equipment: All equipment used by the Contractor or by person directed by the Contractor shall be operated in a safe manner consistent with the manufacturers' recommendations. All equipment used in MoDOT ROW shall be equipped with either a white strobe or flashing amber light. Equipment shall be operated at a speed that poses no danger to the public and achieves the desired appearance. Mowing equipment with side discharge must be operated with discharge shoots down, as a safety precaution. All mowing shall have a "slow-moving vehicle" placard attached and all safety shields or devices properly installed and maintained. 01320 SCHEDULE A. General:The Contractor shall prepare and maintain a schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the Owner for review. The baseline schedule shall be in a form approved by the Owner and shall include at least the following information for each significant work item during each phase of the project: 1. ls`Mowing 2. 2nd Mowing 3. 3`d Mowing 4. 4th Mowing 5. 5d'or Final Mowing for the season The Owner will review the proposed progress schedule,and may require the Contractor to revise the same if, in the Owner's judgment,revisions are required to provide for completion of the project within the Contract Time. C. Schedule Updates: In addition to submitting a baseline project schedule,the Contractor shall update the project schedule each month. The updated schedule shall show the original baseline schedule,the actual work progress and the estimated completion of each significant work item for each phase of the project. D. Payment: No direct payment shall be made. 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas and non-soil waste area. B. The Contractor shall keep the site clean and free of all refuse, rubbish, and debris as a result of activities so that at all times the site of the work shall present a neat and orderly appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and 23 adjacent disturbed areas to the condition existing before work began as a minimum. C. Payment: No direct payment shall be made. 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition)as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the Owner. B. MUTCD:All temporary traffic control devices shall be in conformance with"Part 6 of the Manual on Uniform Traffic Control Devices(MUTCD)," Current Edition and its latest revisions. C. Temporary Traffic Control Devices: Whenever operating mowing equipment, and while working within 30' of pavement edge, standard 48 inch orange warning sings with the legend "MOWERS AHEAD"shall be placed a maximum of one mile in advance of the operations,and at intervals not to exceed one mile within the operation.Signs must be erected for both directions of traffic when working in the median. Signs shall be erected on approaching ramps and major side roads as necessary. All signs shall be placed prior to beginning work and shall relocate signs as work progresses. C. Payment: No direct payment shall be made. 24 DIVISION 2 - SITEWORK 25 02230 MOWING CYCLE D. Definition: A Mowing Cycle is one complete round of mowing(including all slopes), spraying,and all other required maintenance activities per bid line item and as shown on the drawings. E. General: Contractor shall call Resident Project Representative 24 hours prior to beginning each Mowing Cycle. Contractor must be able to mow a minimum rate of 30 acres daily and work must be done in consecutive days on the project area. The Mowing Cycle must be completed in seven days. A consistent starting day must be established early in the mowing season. Failure to notify prior to beginning a Mowing Cycle can result in non-payment for work performed. F. Daily Contact: Contractor must make daily contact with the Resident Project Representative when working the projected area. Failure to contact assigned Resident Project Representative on a daily basis can be considered breach of contract. Contractor shall report all damage, vandalism, and storm damage to any trees, bushes, buildings, structures, vehicles or objects located in the mowing areas. G. Postponement or Cancellation: Work may be postponed or canceled due to weather conditions or other unforeseen circumstance. Work will resume at the Resident Project Representative's approval. Areas under construction will be mowed and maintained as much as possible. Upon completion,the contractor will complete the mowing required in the construction area. Contractor shall not mow in wet turf conditions due to rain or irrigation issues to avoid tracking and clumping of grass clippings. H. Work Days/Hours: Contractor may perform the work on any day of the week between the sunrise to sunset. Payment: Contractor will email a daily activity log and invoice at the end of each Mowing Cycle to the Resident Project Representative. An inspection of work will be made within two working days after Resident Project Representative receives the email. Payment for the completed and approved work will be made to Contractor within thirty days (30)after Resident Project Representative has signed and dated the invoice, "approved for payment." 02350 MAINTENANCE SPECIFICATIONS A. Trash& Litter Removal: Contractor shall,at the beginning of each cycle remove all trash and litter from the entire area prior to initiating any mowing of the turf areas.Trash and litter include but is not limited to,tires,paper,cans,bottles,bags of trash, limbs three inches(3")or smaller in diameter,rocks, signs like realty or political or garage sales and the like,etc.,which is not intended to be present as part of the hardscape or landscape. Limbs larger than three inches(3")shall be reported to the Resident Project Representative.The entire project area includes all streets, sidewalks,curbs,catch 26 basins,gutters,hill sides,ditches,median islands,parking lots, and three feet(3')into tree and shrub lines within the right of way. All trash and litter removed shall be disposed of by the Contractor to an off-site location. The Contractor will report any illegal dump sites to the Resident Project Representative. B. Cut/Mow: Turf shall be cut at a height of 5 inches. All mowing equipment shall be equipped with sharp blades achieving a quality cut. C. String Trimming: Trimming shall be performed around all fixed objects within the project area including but not limited to sign posts,poles,delineator posts,drainage structures, guard rails, fences,bridge ends,curbs,trees,rock outcrops,etc.All string trimming shall be accomplished maintaining the required 3-1/2"cutting height and must be performed concurrently with mowing operations.All personnel performing trimming operations shall wear safety vests. D. Pruning: Contractor will be responsible for manual removal of all sucker and foreign growth from shrubs and the base and lower trunk of trees within the project area during each maintenance cycle. Sucker and foreign growth should never be more than a height of 8" and when trimmed must be trimmed flush. E. Detail/Finish: Grass clippings and debris must be removed from all hardscapes i.e. growth in sidewalk,gutter,courts,and parking lots,before the exit of the crew from the immediate work site. Upon completion of cycle,turf areas shall be free of clumped grass and tire tracks or ruts left by equipment. Turf shall be cut in a professional manner so as not to scalp turf or leave areas of uncut grass. F. Sweeping/Blowing: Sweeping and/or blowing of hard surface areas will be required to remove debris such as;broken glass,cigarette butts and bottle tops. Debris must be picked up and disposed of safely. G. Weed/Volunteer Growth: The contractor shall maintain vegetation free concrete medians, gutter, rip-rap, guardrail, fence lines, and hardscapes every cycle. 1. Herbicide Treatment: Herbicide usage must comply with the "Missouri Pesticide Use Act. Contractor shall provide a copy of their Missouri Department of Agriculture Pesticide Program Certified Public Operator License to the Resident Project Representative. 2. REQUIRES PRE-APPROVAL: The following specification requires pre approval of the Resident Project Representative regarding the use of Non-selective herbicide: rock outcroppings, tree stumps, turf/pavement lines and other areas in which trimming is desired. 3. WILL NOT BE APPROVED: The following definition applies to what situations will not be approved for the use of Non—selective herbicide: plant growth around fire hydrants, light poles,utility poles and guy wires, sign posts,park structures and 27 buildings,trees,sidewalk edging,curb edging,and Path/Trail/Track edging will not be permitted. H. Payment: Payment will be made as defined in 02230 Mowing Cycle. 28