Loading...
Signed Contracts_J.P. Cullen & Sons, Parking Ramp LandscapingTHE CITY OF ( , 1 Dubuque All DU5U 1 11 Masterpiece on the Mississippi 2007 June 17, 2011 To: Michael C. Van Milligen, City Manager From: Tim Horsfield, Parking System Supervise Subject: Change Order PS — 08 Cc: David Heiar, Economic Development Director If you have any questions, please contact me at your convenience. Parking Division 830 Bluff Street Dubuque, IA 52001 563 - 589.4267 www.cityofdubuque.org /parking Attached you will find Change Order # 8 for the Ramp Construction Project. This change order is for $ 22,310.10 and is related to the landscaping to be placed in the area to the west of the ramp from 10 Street to 9 Street and to include a very attractive park -like area in the quadrant near 9 and Iowa just to the west of the fire station addition. have had all of the plans, plant material and proposed cost associated with the project reviewed by Marie Ware, Leisure Services Manager and also Bob Fritsch, Park Division Manager. Bob indicated that he was very pleased with the plant materials being used. It is also important to note that this design incorporates a "rain garden" into the area and that actually all of the water from the entrance and drive lanes actually flow into the rain garden and not into the storm sewer system. We have just finalized the plans and specifications and Cullen would like to begin work on this project Tuesday, June 21, 2011. Although not in the original bid amount, I have always budgeted $35,000 for landscaping in this project. This change order does not decrease the available contingency fund that currently stands at $154,170.00. Change Order PROJECT: (Name and address) City of Dubuque, Iowa 10th & Central Parking Facility & Fire Headquarters Expansion TO CONTRACTOR: (Name and address) J.P. Cullen & Sons, Inc. 330 E. Delavan Drive Janesville, WI 53546 DESMAN, INC. ARCHITECT (Fran name) BY (5 < mc rr' (Taped name) AIA Document G701' ® 2001 JEFF HENRIKSEN June 17, 2011 DATE CHANGE ORDER NUMBER: 008 - PS DATE: June 17, 2011 ARCHITECT'S PROJECT NUMBER: 50 -09164 CONTRACT DATE: July 20, 2010 CONTRACT FOR: Parking Structure Construction The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Construction Charge Directives) Per the following attached: 1. RQ #040 - Added Landscaping to JPC Scope per Owner - $22.310.10 TOTAL The original (Contract Sum) (Crut rznifeeel -1 9tCtttit tli-Prite) was $ 7,712,379.00 The net change by previously authorized Change Orders $ 75,801.00 The (Contract Sum) (6ttarartieed- 4- titl'lthfitPFtee) prior to this Change Order was $ 7,788,180.00 The (Contract Sum) (F`rnar intczd-Mtxitrrtrarf ice) will be (increased) (c r$as €4) ( +Htc- Bate.) by this Change Order in the amount of The new (Contract Sum) (frtrarameetl-t4-Irimrrm- Prirel including this Change Order will be The Contract Time will he (increased) (t�retef,rd) ftiti€ltttiaec#) by ZERO ( 0 ) days The date of Substantial Completion as of the date of this Change Order therefore is ANC-4e, 2011 .34 1 .1 , 1 (Note: This Change Order does not include changes in the Contract Suer, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Chouge Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. J.P. Cullen & Sons, Inc. CONTRACTOR (Firm name) 330 E. Delavan Drive 20 N CLARK ST., CHICAGO, IL ADDRESS ID ADDRE (S•. (moe) B (Signature) t c44.4.61. C 4•f (T)ped name) (Tyed name) -'un e zOtl DATE OWNER (Firm nunuc City of Dubuque, Iowa DA 8 3 $ OWNER D ARCHITECT D CONTRACTOR 0 FIELD 0 OTHER 0 $22.310.10 $22,310.10 22,310.10 7,810,490.10 43 fi AIA Document G701 Tu — 2001. Copyright e 1979, 1987. 2000 and 2001 by The American Institute of Architects. All rights reserved. Purchasers are perimlled to reproduce ten (10) copes of this document when completed To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copynght @aia.org. oI ( Web Quote report PROPOSAL Color it green with Nursery Company CUSTOMER INFORMATION 3.P. Cullen& Sons, INC 330 East Delavan Drive Jamesville WI 53546 Phone: (608) 754 -6601 SALES PERSON Ann Marie Baumann Email: amdbasla ©mchsi.com Phone: (563) 583 -3006 QUOTE INFORMATION Transaction # Terms Order Date Ship Week Ship Via ORDER COMMENT TRUCK COMMENT QUOTE DETAILS Variety Rose, Double Knock Out® Rose ('RADtko') 06 -08- 1109304 Due on delivery June 08, 2011 June 21, 2011 PI Barberry Concorde (B.thun. 'Concorde') Boxwood 'Green Mound' (Buxus) Hydrangea 'Annabelle' Spiraea ' Magic Carpet' (S.japonica) Spiraea ' Neon Flash' ( S.japonica) # 3 container Size # 3 container # 3 container # 3 container # 3 container Vinca minor ' Bowles' (Periwinkle) flat of 12 plants Aster novae - angliae 'Purple Dome' # 1 container Catmint 'Walker's Low' (Nepeta) # 1 container Coneflower,Purple (Echinacea'Ruby # 1 container Star') P.O. BOX 185 • 750 S. MONROE ST. • WATERLOO, WI 53594 PH: (920) 478 -2121 • WEBSITE: www.mckaynursery.com SHIPPING INFORMATION City of Dubuque 10th & Central Plaza Dubuque IA 52001 Phone: (563) 589 -4388 TOTALS SUMMARY Item Quantity Total Freight Charge Non - Taxable Taxable Sub-Total Tax Rate Total Tax Total Amount Payments Balance Due # 3 container Notes: Supplying DOUBLE knock out rose Page 1 of 3 AN EMPLOYEE OWNED COMPANY ESTABLISHED 1897 376 $0.00 $7,158.00 $15,152.10 $22,310.10 %0.0000 $0.00 $22,310.10 $0.00 $22,310.10 Unit Ordered Amount Price $29.50 9 $265.50 $44.00 4 $176.00 $38.25 3 $114.75 $31.00 18 $558.00 $29.75 5 $148.75 $34.50 18 $621.00 $31.00 4 $124.00 $14.00 7 $98.00 $13.50 19 $256.50 $12.75 16 $204.00 Coneflower 'White # 1 container $13.00 9 $117.00 Swan'(Echinacea) see reverse side for guarantee and contract information http: / /mckaynursery.com: 8002 /OM /omPrntOrder.cfm? TransType= Q &TransRowID= 70cd9... 6/9/2011 We make every effort to supply quality nursery stock. We strive to produce only the best and hardiest varieties. All of our nursery operations (planting, pruning, spraying, digging and delivering) are coordinated to assure good t ansplanting results. Were so confident of our plants -- we guarantee them - 100 %. Subject to the following conditions and providing you are in compliance with the following terms, we will replace, free of charge, any plant material which fails to grow within one full year from date of shipment. 1. Your account is paid for at delivery. Arrangements for any extension of the payment period must be made by written agreement through the Credit Department at McKay Nursery Company. 2. The nursery stock is given reasonable care. We ask that you follow the planting instructions which are delivered with your plants which describes the procedures necessary for successful planting and maintaining your nursery stock. EXCEPTIONS: Semi -hardy plants are guaranteed through August 31 following planting. These include: Hybrid Tea, Grandiflora, Floribunda and Climbing Roses; Crimson King Maple, Magnolia, Broadleaf groundcovers and any plant material that is not hardy for the zone it was planted in. Plants that fail as a result of mechanical damage, insects, rodents, neglect or natt„al disasters are not covered under this guarantee. When possible, McKay Nursery Company will provide a replacement plant at the original size purchased. Notification of replacement need should he made as soon as failure is determined. Our inventory for each season is limited. Replacements, like new orders, are handled on a first come, first serve basis. Because there is a possibility of cur being out of an item, we reserve the right to substitute a like plant of equal or greater value. The cost of the original plant may be used toward the purchase of a different item. In no event will McKay Nursery he liable for any amount greater than the cost of the original plant, We thank you for your confidence in McKay Nursery Company. We will strive to earn your continued support. MC KAY NURSERY COMPANY "CUSTOMER'S RIGHT TO CANCEL' YOU MAY CANCEL THIS AGREEMENT BY MAILING A WRITTEN NOTICE TO MCKAY NURSERY COMPANY. P.O. BOX 185, WATERLOO, WI 53594, BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU HAVE SIGNED THIS AGREEMENT. IF YOU WISH. YOU MAY USE THIS PAGE AS THAT NOTICE BY WRITING 'I HEREBY CANCEL' AND ADDING YOUR NAME AND ADDRESS. A DUPLICATE OF THIS PAGE IS PROVIDED BY THE SELLER FOR YOUR RECORDS. McKay Nursery Company (McKay) hereby agrees to sell and the undersigned Customer, who acknowledges receipt of a copy of this contract, hereby agrees to purchase the property described herein subject to the following terms and conditions: I. PAYIv1ENT IN FULL IS DUE AT FHE TIME OF DELIVERY. Accounts remaining unpaid after 30 days of delivery .ssl be considered past due and will be accessed a FINANCE CHARGE. The FINANCE CHARGE shall be calculated at the periodic rate of 1-1/2% per month (ANNUAL PERCENTAGE PATE OF 13 %). The unpaid balance, upon which a finance charge is computed is the closing balance of the prior staten-,er:.t, . _ . any credit purchases made or finance charges incurred dining the mon thly period. less any payments made or credits from adjustments for purchase refunds given during the monthly period. 2. In the event the Customer is t 1) in defaubl as defined by Section 425.103 of the' Wisconsin Statues cr it the debtor r; not a customer as dewed by the Wisconsin Consumer Act, then the failure to pay within 25 days of the statement date and (2) has not cured the default withon 15 calendar days of the date ct mailing of rctice to cure or does not have the right to cure, the rut amount of Customer's account becomes irnmediately due and payable. 3. If McKay is short of all or part of the nursery stock described herein, McKay can at its option substitute delivery for the nursery stock in short supply with similar kinds of equal value or deduct the nursery stock in short supply from the sales contract. 4. At hardy plant materials carry a full year guarantee provided payment on delivery and reasonable care is provided to the stock through the guarantee period. See "The McKay Guarantee" for details of conditions and exclusions. 5. McKay hereby notifies the owner of such land upon which the nursery stock is to be used, that persons or companies furnishing labor or materials for the improvement of the owner's land may have lien rights on that land and on the buildings on that land if they are not paid for such labor or materials Those entitled to lien rights in addition to the undersigned McKay, are those who Master Card, Visa or Discover card # Exp. Date Cardholder Signature THE MCKAY GUARANTEE PROPOSAL ACCEPTANCE AND TERMS OF AGREEMENT contract directly with the owner or those who give the owner or those who give the owner notice within 60 days after they first furnish labor or materials for the improvement. Accordingly, owner will receive notices from those who furnish labor or materials for the improvements and should give a copy of each notice received to his mortgage lender. if any. McKay agrees to cooperate with the owner and his lender, if any, to see that all potentiol lien claimants are duly paid 6. Only items listed on this form are being provided by McKay Nursery Company and additional materials or services are by separate agreement and ca, ry no warranty et any kind by McKay Nursery Company. 7 Services provided by this agreement will be completed n a proficient and professional manner. Events beyond our control. such as heavy rainfall, settling. or wind. may cause damage for which we cannot accept responsibility. The customer assumes complete responsibility for any seer ing or sodding after installation Any alteration or deviation from the above specifications will be executed only upon written orders and will become an extra charge. Ai agreements are contingent upon delays beyond our control. 3. McKay Nursery will contact Digger's Hotline / JULIE,' or One -Call 4 needed Any additional buried lines whether public cr private not located by these services will he the responsibility of the customer. McKay Nursery ,viil not be esponsible for anything not clearly marked. (Paragraphs 7 & 8 apply to McKay Nursery Company Landscape Services Customers ONLY) CUSTOMER IGNATURE AND DATE 4 ! 4 J. AV SAL PERS IGNATURE AND DATE Cardholder Name and Address C V V # Downpayment amount Charge Balance Upon Delivery /Completion We make every effort to supply quality nursery stock. We strive to produce only the best and hardiest varieties. All of our nursery operations (planting, pruning, spraying, digging and delivering) are coordinated to assure good transplanting results. Were so confident of our plants — we guarantee them — 100 %. Subject to the following conditions and providing you are in compliance with the following terms, we will replace, free of charge, any plant material which fails to grow within one full year from date of shipment. 1. Your account is paid for at delivery. Arrangements for any extension of the payment period must be made by written agreement through the Credit Department at McKay Nursery Company. 2. The nursery stock is given reasonable care. We ask that you follow the planting instructions which are delivered with your plants which describes the procedures necessary for successful planting and maintaining your nursery stock. EXCEPTIONS: Semi -hardy plants are guaranteed through August 31'' following planting. These include: Hybrid Tea, Grandiflora, Floribunda and Climbing Roses; Crimson King Maple, Magnolia, Broadleaf groundcovers and any plant material that is not hardy for the zone it was planted in. Plants that fail as a result of mechanical damage, insects, rodents, neglect or natural disasters are not covered under this guarantee. When possible, McKay Nursery Company will provide a replacement plant at the original size purchased. Notification of replacement need should be made as soon as failure is determined. Our inventory for each season is limited. Replacements, like new orders, are handled on a first come, first serve basis. Because there is a possibility of our being out of an item, we reserve the right to substitute a like plant of equal or greater value. The cost of the original plant may be used toward the purchase of a different item. In no event will McKay Nursery be liable for any amount greater than the cost of the original plant. We thank you for your confidence in McKay Nursery Company. We will strive to earn your continued support. MC KAY NURSERY COMPANY "CUSTOMER'S RIGHT TO CANCEL" YOU MAY CANCEL THIS AGREEMENT BY MAILING A WRITTEN NOTICE TO MCKAY NURSERY COMPANY, P.O. BOX 185, WATERLOO, WI 53594, BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU HAVE SIGNED THIS AGREEMENT. IF YOU WISH, YOU MAY USE THIS PAGE AS THAT NOTICE BY WRITING 1 HEREBY CANCEL" AND ADDING YOUR NAME AND ADDRESS. A DUPLICATE OF THIS PAGE IS PROVIDED BY THE SELLER FOR YOUR RECORDS. McKay Nursery Company (McKay) hereby agrees to sell and the undersigned Customer, who acknowledges receipt of a copy of this contract, hereby agrees to purchase the property described herein subject to the following terms and conditions: 1. PAYMENT IN FULL IS DUE AT THE TIME OF DELIVERY. Accounts remaining unpaid after 30 days of delivery will be considered past due and will be accessed a FINANCE CHARGE. The FINANCE CHARGE shall be calculated at the periodic rate of 1 -1/2% per month (ANNUAL PERCENTAGE RATE OF 18 %). The unpaid balance upon which a finance charge is computed is the closing balance of the prior statement, plus any credit purchases made or finance charges incurred during the monthly period, less any payments made or credits from adjustments for purchase refunds given during the monthly period. 2. In the event the Customer is (1) in default as defined by Section 425.103 of the Wisconsin Statues or if the debtor is not a customer as defined by the Wisconsin Consumer Act, then the failure to pay within 25 days of the statement date and (2) has not cured the default within 15 calendar days of the date of mailing of notice to cure or does not have the right to cure, the full amount of Customer's account becomes immediately due and payable. 3. If McKay is short of all or part of the nursery stock described herein, McKay can at its option substitute delivery for the nursery stock in short supply with sirnilar kinds of equal value or deduct the nursery stock in short supply frorn the sales contract. 4. All hardy plant materials carry a full year guarantee provided payment on delivery and reasonable care is provided to the stock through the guarantee period. See "The McKay Guarantee" for details of conditions and exclusions. 5. McKay hereby notifies the owner of such and upon which the nursery stock is to be used, that persons or companies furnishing labor or materials for the improvement of the owner's and may have lien rights on that land and on the buildings on that and if they are not paid for such labor or materials. Those entitled to Hen rights in addition to the undersigned McKay, are those who Master Card, Visa or Discover card # Exp. Date Cardholder Signature THE MCKAY GUARANTEE PROPOSAL ACCEPTANCE AND TERMS OF AGREEMENT contract directly with the owner or those who give the owner or those who give the owner notice within 60 days after they first furnish labor or materials for the improvement. Accordingly, owner will receive notices from those who furnish labor or materials for the improvements and should give a copy of each notice received to his mortgage lender, if any. McKay agrees to cooperate with the owner and his lender, if any, to see that all potential lien claimants are duly paid. 6. Only items listed on this form are being provided by McKay Nursery Company and additional materials or services are by separate agreement and carry no warranty of any kind by McKay Nursery Company. 7. Services provided by this agreement wiil be completed in a proficient and professional manner. Events beyond our control, such as heavy rainfall, settling, or wind, may cause damage for which we cannot accept responsibility. The customer assumes complete responsibility for any seeding or sodding after installation. Any alteration or deviation from the above specifications wit be executed only upon written orders and will become an extra charge. All agreements are contingent upon delays beyond our control. 8. McKay Nursery will contact Digger's Hotline / JULIE / or One -Call if needed. Any additional burred lines whether public or private not located by these services will be the responsibility of the customer. McKay Nursery will not be responsible for anything not clearly marked. (Paragraphs 7 & 8 apply to McKay Nursery Company Landscape Services Customers ONLY) CUSTOMER SIGNATURE AND DATE MU K '( SALESPERS GNATURE AND DATE Cardholder Name and Address C V V # Downpayment amount Charge Balance Upon Delivery /Completion Web Quote report Page 2 of 3 Coreopsis ' Zagreb' (C.verticillata) # 1 container $12.25 7 $85.75 Daylily 'Chicago # 1 container $12.00 23 $276.00 Apache' (Hemerocallis) Daylily 'Chicago Sunrise' (gold) # 1 container $12.00 16 $192.00 Daylily 'Ice Carnival' (Hemerocallis) # 1 container $14.00 16 $224.00 Daylily 'Spanish Glow' # 1 container $14.00 5 $70.00 Notes: doing IPO PDOD per coloration against brick vaneer wall per contrast. Daylily 'Stella de Oro' (gold # 1 container $13.00 9 $117.00 rebloomer) Daylily # 1 container $13.00 26 $338.00 'StrawberryCandy' (Hemerocallis) Geranium x 'Jolly Bee' # 1 container $14.75 8 $118.00 Grass, Avalanche Reed # 1 container $15.75 7 $110.25 (Calamagrostis) Notes: VARIEGATED Grass,Blue Fescue (Festuca' Elijah # 1 container $14.00 13 $182.00 Blue') Grass, Flame (Miscanthus # 1 container $15.00 7 $105.00 KleineFontaine) Grass' Karl Foerster' Reed # 1 container $15.00 28 $420.00 (Calamagrostis) Grass, Little Bluestem # 1 container $15.00 14 $210.00 (Schizachyrium) Grass, Prairie Dropseed #1 container $15.00 6 $90.00 (Sporobolus) Panicum virg. 'Northwind' (Switch # 1 container $15.00 13 $195.00 Grass) Iris ' Caesars Brother' (I.siberica) # 1 container $13.00 5 $65.00 Monarda 'Jacob Cline' (Beebalm) #1 container $14.00 15 $210.00 Peony ' Victorian Blush' (white) # 2 container $22.00 8 $176.00 Rudbeckia fulgida var. Deamii # 1 container $14.00 7 $98.00 Spruce, BLUE Nest # 3 (18 ") container $59.00 10 $590.00 (P.mariana'Erecoides') Birch, River -- Clump (Betula nigra) 2 1/2" B &B $276.75 2 $553.50 Crab 'Prairifire' (Malus) 1 1/2" B &B $189.00 2 $378.00 Notes: IPO Royal Raindrops per plan - -- approved by AMB & TH 6 -7 -11 Crab ' Red Barron' (Malus) 1 3/4" B &B $210.00 5 $1,050.00 Redbud (Cercis canadensis) 7' B &B $279.00 1 $279.00 Planting Nursery Stock - Iowa $2,685.75 1 $2,685.75 Notes: Installation of plant north of drive Planting Nursery Stock - Iowa $1,850.70 1 $1,850.70 Notes: Installation of plants south of drive, EXCEPT rain garden Planting Nursery Stock - Iowa $1,519.65 1 $1,519.65 Notes: Installation of Rain Garden Installation of Weed Barrier Iowa Site $840.00 1 $840.00 Notes: 2800 sq ft Shredded Bark (Deliver /Install) Iowa Site $480.00 1 $480.00 Notes: 8 yards non - dyed shredded bark Shredded Bark (Deliver /Install) Iowa Site $1,820.00 1 $1,820.00 Notes: 28 yards dyed shredded bark installed Misc. Landscape Iowa Site $1,087.00 1 $1,087.00 Notes: RAIN GARDEN PLANTS: Blue Grama Grass (60); Cardinal Flower (9); Columbine (16); New England Aster (14); Rough Blazing Star (17); Red Milkweed (8); Sedge (25); Spider Wart (5) Misc. Landscape Iowa Site $1,025.00 1 $1,025.00 Notes: 2050 sq ft sod Pavers Iowa Site $1,506.00 1 $1,506.00 http: / /mckaynursely.com: 8002 /OM /omPrntOrder. cfin? TransType= Q &TransRowID= 70cd9... 6/9/2011 Web Quote report Page 3 of 3 Flagstone Steppers Pre - emergent Notes: Install 251 ft parrington pavers supplied by the city. Includes weed barrier underneath Iowa Site Notes: Installation of flagstone for aesthetics Iowa Site Notes: 2800 sq ft $400.00 1 $400.00 $280.00 1 $280.00 http: / /mckaynursery. corn: 8002/ OM/ olnPrntOrder. cfm? TransType= Q &TransRowID =70cd9... 6/9/2011 oo to o E 0 0 r CC w a ▪ m • E • 3 (I) 3 w w o - Z Z m O w • 0 N Lo w n x 0 CO o: a J. P. Cullen Additional Information On Order with McKay Nursery Co. DBQ SUMMARY OF COSTS: hplants north of drive in place per sizes and quantities on plan plant list and above fo S � Plants south of drive in place per sizes, etc., excluding rain garden rain garden plants in place Recycled City Pavers, set in place w/ weed fabric under in beds abutting lawn areas Dyed Shredded Bark Dark Brown per City Specs, placed all beds except rain garden Natural Shredded Bark Set in Rain Garden, Only $480.00 DBQ donated limestone pieces set in for aesthetics and screening flag lights w/ plants Sod placed all locations per plan TOTAL COST OF LANDSCAPE PROJECT AS NOTED ALTERNATES: (Both to be included in project Trea ing e s Preen Pre Emerge e reatment Except Rain Garden Fabric all bark mulch beds excluding Rain Garden $1506.00 REQUIREMENTS: McKay Nursery to come into site upon all areas for planting being completely graded and ready GRADE all areas to be +/ - 1" before McKay is to commence work on site Only major exception is that flagpoles may not be completely set at point McKay is to commence work. GRADING of site, Excavation and Setting Proper Soil at 12" depth, except at rain garden, by Others. Per Rain Garden, Setting of Grade, Excavation to Provide Approx. 12" rough sand beneath Garden Area, Setting of Approximately 12" of Engineered Soils of a Silty Loam Mix, As Dictated by City, By Others Approximately 1000 pavers being provided by city and appropriate limestone pieces to be on -site at point of work commencing 10 & Central Parking Facility Plaza $7,162.00 $ 4,935.20 $ 4,052.40 $ 1,506.00 250 linear foot $1,820.00 2800 ft2 $480.00 800ft2 surface area $ 400.00 $ 1,025.00 2050 ft2 $21,380.60 $280.00 2800ft2 $840.00 2800ft2 WATER: Water accessibility on site per watering of plants and sod at both a northerly and southerly location as possible ready as McKay comes to site. Water Supplied by City of Dubuque for all Watering of Plants and Sod During Installation. After installation of landscaping is completed of all areas ready and McKay leaves site, maintenance of plants and watering becomes the City of Dubuque responsibility. During establishment period of plant materials, all should be kept moist for 2 weeks. Watering then begins to back off reasonably the first season per weather conditions. After rain events, sweeping and keeping clean rippled concrete edge per debris from drainage area will protect garden from excessive debris, oils, salt after winter, from damaging rain garden (city maintenance) Please note drainage issue per Engineering of All Set Grades near Rain Garden: As dry well has been added in, outside edge of, inside, and then removed completely - -- grades around entire rain garden need to be set in preparation for where this rain garden water will go when it overflows in a major flash -flood rain event. THE MCKAY GUARANTEE We make every effort to supply quality nursery stock. We strive to produce only the best and hardiest varieties. All of our nursery operations (planting, pruning, spraying, digging and delivering) are coordinated to assure good transplanting results. Were so confident of our plants - we guarantee them - 100 %. Subject to the following conditions and providing you are in compliance with the following terms, we will replace, free of charge, any plant material which fails to grow within one full year from date of shipment. 1. Your account is paid for at delivery. Arrangements for any extension of the payment period must be made by written agreement through the Credit Department at McKay Nursery Company. 2. The nursery stock is given reasonable care. We ask that you follow the planting instructions which are delivered with your plants which descrihes the - procedures necessary for successful planting and maintaining your nursery stock. EXCEPTIONS: Semi -hardy plants are guaranteed through August 31'` following planting. These include: Hybrid Tea, Grandiflora. Floribunda and Climbing Roses: Crimson King Maple, Magnolia, Broadleaf groundcovers and any plant material that is not hardy for the zone it was planted in. Plants that fail as a result of mechanical damage, insects, rodents, neglect or natural disasters are not covered under this guarantee. When possible, McKay Nursery Company will provide a replacement plant at the original size purchased. Notification of replacement need should be made as soon as failure is determined. Our inventory for each season is limited. Replacements, like new orders, are handled on a first come, first serve basis. Because there is a possibility of our being out of an item, we reserve the right to substitute a like plant of equal or greater value. The cost of the original plant may be used toward the purchase of a different item. In no event will McKay Nursery be liable for any amount greater than the cost of the original plant. We thank you for your confidence in McKay Nursery Company. We will strive to earn your continued support. MC KAY NURSERY COMPANY "CUSTOMER'S RIGHT TO CANCEL." YOU MAY CANCEL THIS AGREEMENT BY MAILING A WRITTEN NOTICE TO MCKAY NURSERY COMPANY, P.O. BOX 185, WATERLOO, WI 53594, BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU HAVE SIGNED THIS AGREEMENT. IF YOU' WISH, YOU MAY USE THIS PAGE AS THAT NOTICE BY 'WRITING "I HEREBY CANCEL" AND ADDING YOUR NAME AND ADDRESS. A DUPLICATE OF THIS PAGE IS PROVIDED BY THE SELLER FOR YOUR RECORDS. Master Card, Visa or Discover card # Exp. Date Cardholder Signature PROPOSAL ACCEPTANCE AND TERMS OF AGREEMENT McKay Nursery Company (tvlc.Kay) hereby agrees to sail and the undersigned 0 who acknowledges receipt of a copy of this contract. hereby agrees to purchase the property descrihed herein subject to the following terns and conditions: 1 PAYMENT IN FULL IS DUE AT THE TIME OF DELIVERY Accounts mnaining unpaid after 30 days of delivery will be considered past due and ::dl be acrsss_d a FINANCE GI- IARCE. The FINANCE CHARGE shall be calculated at the periodic rate of 1- 112% per month (ANNUAL PERCENTAGE RATE OF :3%). ['ha unp -rd balance upon which a finance charge is computed is the ctor;nrl hnlance of the prior statement, plus any credci purchases made or finance charges incurred during the monthly period, less any payments made or r;,.:,ii?s nom adjustments for purchase refunds given ❑uring the monthly period. 2 In the event the Customer is (1) in default as denncd by Section 425.103 r :f he Wisc.orsin Statues er if the debtor is not a customer as defined by the ,,.aeons n Consumer Art, then the failure to pay within 25 days of the statement date and (2) has not cured the default within 15 calendar days of the date of , tailing of ponce to cure or does not have the right to cure, the full amount of Customer's account becomes immed,ately due and payable. 3. If McKay is short of all or part of the nursery stock described herein. McKay can at its option substitute delivery for the nursery stock in short supply with similar kinds of equal value or deduct the nursery stock in short supply from the sales contract. 4. All hardy plant materials carry a full year guarantee provided payment on delivery and reasonable care is provided to the stock through the guarantee period. See "The McKay Guarantee" for details of conditions and exclusions. 5. McKay hereby notifies the owner of such land upon which the nursery stock is to be used. that persons or companies furnishing labor or materials for the improvement of the owner's land may have lien rights on that land and on the buildings on that and if they are not paid for such labor or materials. Those entitled to hen rights in addition to the undersigned McKay, are those who contract directly with the owner or those who give the owner or those who give the owner notice within 60 days after they first rurnish labor or materials for the improvement. Accordingly. owner will receive notices from those who furnish labor or materials for the improvements and should airC a copy of each notice received to his mortgage lender, if any McKay agrees to cooperate with the owner and his lender, if any, to see that all potential lien claimants are duly eaid 6 Only items listed on this form are being prov ded by fvlcKay Nursery Company and additional materials or services are by separate r greement and carry no warranty of any kind by McKay Nurser/ Company. 7. Services provided by this agreement will he comp'cted in a cicticient and professional manner Events beyond our control, such as heavy rernfail, set4 ng, or wind, may cause damage for which we cannot accopt responsibility. The customer assumes complete responsibility for any seeding or soddrng after installation. Any alteration or deviation from 100 above specifcatrers will be executed only upon <crrtten orders and will become an extra charge. All agreements are contingent upon delays beyond our control. 8. McKay Nursery will contact Digger's Hotiira / JULIE I or Oro-, -Gail it neede.l Any additional bused lines whether public or private not located by these services will be the responsibility of the customer. KioKiy Nursery will not be responsible for anything not clearly rnarked. (Paragraphs 7 & 8 apply to McKay Nursery Culopanp Lendscape Services Customers ONLY) CUSTOMER SIGNATURE AND DATE CKAY SALESPERSJJN SIGNATURE AND DATE Cardholder Name and Address C V V # Downpayment amount Charge Balance Upon Delivery /Completion WARRANTY: Plants are all warranteed for a period of one year, given reasonable care. Replacement of failed material on the North and South sections of site would be provided with labor once in fall 2011, once spring 2012. Replacement of failed material on the Rain Garden ALL completed spring 2012 per weather conditions & soil temperature allowing normal patter of establishment visibly clear. ADDITIONAL LABOR: Any additional labor requested would be supplied by McKay Nursery Installation Services at an hourly rate. MISC: BOLLARDS, LIGHTING, BENCHES, TRASH & RECYCLING RECEPTICLES, CONCRETE AREAS, & FLAGS to be provided by others and placement of same within the drawing(s) provided to the City of Dubuque, per design considerations, only. All plants and items being placed within the site may need slight adjustment per as -built underground utilities. low/7 srRE�T / / — a3.R� .21.77 T aa,G7 Gutter 6.1...7.4 2r r (e1-3a.c2 C 4s a .SC L.E ; � i y 8 o „ ° '9 P.1.2,C5 Pz3 / 57 f yd I e 73,3H ., i 1 j aru< Veneer- Brick Vencgr 1.23,13 Q3643. 7.3 S C or LAND SCAF E.. S I TE PLAN jpI\ 1 N C [FA G 1 I T Y PLi ZA 62-3,13 — 1 - 451' •eE37 /O ,. EE rtGTJ/ raywv ' Pro fi g , 'corb R &)iCr \,C/E5T 7 rh' .5 74E&T 51fa. Pt 'h Wremen1S o7Faihed To Pr r� Bat Tb.n, From' Cloa flax AID � to Bollards l loner " T U po se -L d. 1.go 75 4,'4 aqa l d I G h Yo60.. yC 1.< 54 1 Code: Box CMWL Co8 CSD cz KFRG KOR PDA PFFC RBFC SCD SE/013 SGD SMC VBP t c 1 t--1 t Ty P.E RS PE.GTt\/E �t �w NPL P158 LI ST, 810085 P PE AREA North of Entrance to Parking Garage on Iowa Street Plant Name: Green Mound Boxwood Catmint Walkers Low Concorde Barbeny Chicago Sunrise Daykly Coreopsis Zagreb Karl Forester Reed Grass Knock Out Rose (Double) Purple Dome Aster Praele tte Flowering Crab Red Barron Flowanng Crab Strawberry Candy Daylily Stella de oro Daylily Spanish Gbw Daylily IPO FOOD Spiraea Magic Carpet Victodan Blush Peony (white) i ire _5+Q-bon Ex pans ion Micro�asih Xlrj_ Rain Oar P- - fo rmtd "" � Q. � srac4acl L �''�� 'eKCO.us4or. Over: s4e to sct i3' black dir't C�0.y s1 l+y ICs,, rnitLen I.Snkker- . v sit rid ur V..-- caursc. payers rain garden.- Pre. *Lion - Driveway Quantity: Preparation: Size: 4 cont 03 19 coot 61 9 coot 62 16 coot 61 7 cant 01 10 cant 01 18 cool 63 7 cons 61 2 8/8 11R'cal 5 6/9 1 3/9 "cal 13 con/ 61 9 cons 61 5 con/ 61 18 con/ 03 8 cont 62 T 1 SOUTH OF RAIN GARDEN: Code: Plant Name: 8FG Blue Fescue Grass BNS Blue Nest Spruce CARD Chicago Apache Red Daylily FIG Flame Grass GJB Geranium Joly Bee HAn Hydrangea Annabelle ICD Ice Carnival Daylily KFRG Karl Foreseer Reed Grass NWSG Norlhwind Switch Grass PCO Purple Conelower KB Redbud RDe Rudbeckla Deamn SCD Strawberry Candy Daylity SNF Spvatm Neon Flesh V80 Vence Bowles VRGr Variegated Reed Grass WSC White Swan Conegnwer Quantity: Preparation: 13 coot 10 cord 23 cool 7 cant 8 cant 3 cone 16 cool 18 con! 4 tort 7 coot 1 B/B 4 cone 13 cant 5 cant 4 flats 01 12 7 cont 9 cont Size: M1 M3 01 M1 01 63 01 01 01 01 B' 21 01 63 61 21 81 � o U Timm 6s E.R x lily 600 Architects 01.11 111 U c R3 Q„t 4J u s U RAIN GARDEN PLANTS Code: Plant Name: Quantity: Preparation: Size: BGGr Blue Grams Grass 80 plugs plug CFI Cardinal Flower 9 Col Columbine 16 Pot / 4 5 LBSI Lime Bluestein 14 want 01 MJC Monarda Jacob Cline 15 cons 01 NEA New England Aster I NWS Norlhwind SwltchGrass g o f t 411 PCO Purple COnelbwer 11 cant 61 PD5 Praise Dropseed 8 cant 61 RBCI River Birch Clump 2 B/B 21/2 RIM Rough Blaeng Star 17 pot M3 RDe Rudbeckla Deems 3 cant 01 RMW Red Milkweed 8 pot 3" Sed Sedge a m9 SI Siberian Iris 55 plugs 61 5W0 Spider Wad 5 Po t 3• If eleua.t7'ons, Qep{1 of raja garde or- 1/0/0m. c”eke,;caidae olyt yea da ny.ji2a4, >juso cu/.rf- /ws Gee, pro✓, JAcrics Cod n75 067 / char? 4..s 1 U ,rK 5 . 9 S .V.m > coos Final Plan/ Prig' 7o Ins1910 ion - Io -Ir LANDWcPE CESIc t r Bj': Ann.Nlarte.&urnami ASLA IJI1 51 TESCu 1.164 DUBUQUE, 1'1ernbe.' 2y02 Chaailuer ¢amrw -ce , l''MCKAY •NURSERY COMPANY ESTABLISHED 1897 color reeve wt.tl7 McKay