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HomeMy WebLinkAboutResolution No. 2015-041CITY'OF THE COLONY, ,- 1 NO. 2015- WHEREAS,the City and American Landscape Systems, have entered into an agreement such that the Consultant is to provilde the followmgse� Ti . ces: landscape maintenance for city controlled right-of-way within the Grandscape development, and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Agreement with American Landscape Systems, which is attached hereto and incor,plorated. herein by reference as Exhibit "A.," under the terms and conditions prov.ided therein. WHEREAS,, with this Agreement the City of The Colony is agreeing to pay the sum not, to exceed $81,620.00 annually, with. payments monthly of $6,80:x..67 -for such work, with fundiing prm,,-ided by Ptibhc Improvement District No., 1. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT. Section I 11,ie Landscape Maintenance Agreement, which is attached, and HIM,* 0 p rated heretio as Exhibit "X% hc-tving been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable aid in the best interest of the City and its citizens be, and the same is hereby, in all things prove in the amount of $181,620.010, which is to 'be paid in. monthly P Insta.11ments of $6,801.,67 and the City Manager is hereby, authorIzed to execute the Contract on behalf of the City of The Colony, Texas. Section 2. "Mat this Resolution shall take effect immedmtely from and after its adoption and it is, so resolved. PASSED, APPROVED and EFFECTIVE is 21st day of April, 20115. A EST,/ edlo iti Wil e.., City Secretary e McCour Y,, Mayor City of The Colony, Te s TA tll,'N4 "0 Wnfi en div4 < 0 Op Profe*ssional'Landscape llrrigati. I on Contractor 178fO Midway Road Lewisville,Vexas 75056 The City of The Colony 6800 Main Street The Colony, TX 75056 Office (4,69) 5,21-2200 Fax (4,69) 521-2,206 1 This agreement made and entered into this 16th day of December 2014 � by and, betw. AMERICAN LANDSCAPE SYSTEMS,, INC. and The City o-f'I"'he Colony (hereinafter referred to as "'the OWNER"). WHEREAS,, based upon its extensive experience in this field, AMERICAN LANDSCAPE STEMSINC. is prepared to and desires to render certain, Landscape Management services for the OWNER as, set fbrth below; and WHEREAS, the OWNER desires to contract with, AMERICAN LANDSCAPE SYSTEMS, INC. for the performance of the Landscape Management Services, to be performed on the OWNER'S premises: 1,1 AMERICAN LANDSCAPE SYSTEMS, INC. agrees to perform the Landscape Management Services f the OWNER, in accordance with, standard high quality harticultural practices as, outlined by the Professional Grounds Management Society, National Arborist Association, and the Associated Landscape Contractors of America, said services being described in detail in Exhibits attached hereto and mad le a part hereof The services covered by this Agreement, perf,orrned by AMERICAN LANDSCAPE SYSTEM'Sl INC, shall commence on 1 December 2014 In its capacity, AMERICAN LANDSCAPE SYSTEMS, INC. accepts responsibility for performance ofthe following duties: 2. PERSONNEL 2.1 AMERICAN LANDSCAPE SYSTEMS, INC. Will 'furnish all managerial, supervisory, training, technical, production and, special projects personnel required to efficiently accomplish said Landscape Management Services to brendered, hereunder. The personnel shall be direct, agents or ern,ployeesi of AMERICAN LANDSCAPE SYSTEMS, INC. ,2.2 AMERICAN LANDSCAPE SYSTEMS, INC., will pay all salaries, payroll and other taxes, fees, worker's compensation insurance and other charges or insurance levied or required by any federal, state, or local statues, relating to the employment of its employees. 2.3 AMERICAN LANDSCAPE SYSTEMS, INC., Landscape Managernent Services production employees will all wear uniforms to present, a neat, professional appearance. They Shall be, properly trained and skilled for their respective duties., 2.4 AMERICAN LANDSCAPE SYSTEMS, INC. Will UrSe licensedper,so nnel for ti id e applications, these personnel will be licensed, in the State of Texas with. the Texas Department of Agriculture. 2-5 AMERICAN LANDSCAPE SYSTEMS, INC. shall consult, with an ISA certified Ari iorist for Supervision of Tree care. 3.1 AMERICAN LANDSCAPE SYSTEMS, INC. shall. pay all directoperating costs and expenses required in the performance of the Landscape Management S,enJ.ces rendered hereunder, other than those costs and expenses set forth in paragraph 6, below or specifically excluded in the Exhibit attached,, Ar rican Landscape assumes no acceptance of utility cost to perform the maintenance set forth, this includes water, electrical, erosion. control, and any communication costs., Yearly backflow tests, will be billed separately if required by local municipality. 4A As a part of -this Agreement, ..AMERICAN LANDSCAPE SYSTEMS, ING. shall provide at its own cost all Landscape supplies, equipment, tools, materials, and purchased services in order to accomplish its, service under this Agreement, American Landscape Slysts assumes no warranty or cost of plant material, irrigation material, dca, flow meters, master valves, flu valves, wires, rain, or freeze guards, pumps, wells, fountains, water or electrical meters, controllers, central command systems and computers and weather stations on or off site with the exception of those items which AMERICAN LANDSCAPE SYSTEMS, INC has installed and only during the one year warranty period. S., STATUTORY TS: AMERICAN LANDSCAPE SYSTEMS, INC. shall pay all, la,wfu,l taxes and fees imposed by federal, state or local agencies in connection with the Landscape Management service t rendered by it hereunder,, and, shall procure all licenses and permits and comply with all statues, ordinances and regulations applicable to the conduct of its services hereunder and licenses required under item 2 above, 1 1 Mor"al-, In consides ation of the performance of said, Landscape Management Services by AMERICAN LANDSCAPE SY'S"FEMS, INC., the OWNER shall make payment to AMERICAN LANDSCAPE SYSTEMS, INC. as f6flows: 6.1. CONTRAcr AMOUNT- AMERICAN LANDSCAPE SYSTEMS, INC. will invoice the OWNER monthly, in advance of services, with payment due 30 days from invoice date. The Contract Amount for routine services shall be: Area D $ 106-67 ,Area E $27585.00 Area F $13,666.67 Area 1 (1-2) $883,33, Total all Areas $6,801.67 TOTAL ANNUAL PRICE,'. In the event of any amount billed and not paid, by fifteen days from due date, such amount not paid shall, bear interest at a rate, of 1-1/2% per month `rom. the date due until paid. 6.2 ADJUSTM -".NT T0_CONT.RAC.,TAMOUNT: , Effective with each anniversary date of' the commencernent of servicies, hereunder, AMERICAN LANDSCAPE SYSTEMS, INC. may negotiate with Owner a percentage increase in the monthly Contract Amount equal to the percentage increase in the Consumer Price Index as published by the Bureau of Labor Statistics for the then previous year for the Dallas Metropolitan area, all items. 6.3 ADJUSTMEN'r TO CONTRACT -AMOUNT- CHANGE IN SERVICE. -S.. It is also agreed that the monthly Contract Arnow t, as above provided is, based upon. the area, descriptions, and/or specific duties described in. the Exhibit attached hereto and that, in the event the total amount of area, descriptions, and/or duties to hep erformed by AMERICAN LANDSCAPE SYSTEMS, INC. as so described shall be enlarged, reduced or altered in any manner by the OWNER, there shall be an additional charge or credit as the case may be to the Contract commencin -ollowing such increase, reduction or Amount,, g with the first payment to be made immediately f alteration,. 6A ADDITIONAL 1013 —WORK: OWNER agrees, to pay a separate charge, as agreed upon by OWNER and AMERICAN LANDSCAPE SYS"I"EMS, INC, dor services and materials requested by OWNER which are not specifically fisted in the attached Exhibit. AMERICAN LANDSCAPE SYSTEMS, 'INC. will not, proceed to do any additional work without proper authorization from, the OWNER. Additional work. is due upon receipt after work has been accepted by the awner or its, representative. 7. INDEMNIFICAT]ON: 7.1 AMERICAN LANDSCAPE SYSTEMS, INC. agrees to indemnify and, hold the OWNER harmless froim any liability, which may be imposed against, the OWNER'by reason of the acts or omissions of AMERICAN LANDSCAPE SYSTEMS, INC. 7.2 OWNER agreesto indemnify and hold AMERICAN LANDSCAPE SYSTEMS5 INC,,, harmiliess fram any liability, which may be imposed against AMERICAN LANDSCAPE SYSTEN4S,), INC. by rea,son of the acts or omissions of OWNER., 8-1 This agreement shall run for an initial period of one (1), yearing with date services starti comi-nence hereunder as set frbrth in paragraph I. above, and thereafter will be automatically renewed after one (1) year for a period of —o ne Either party, may terminate this agreement hereto at the end old any one (1) year period by written notice to this effect sent via Certified Mail to the other party at least one ( 1) month, prior to the end of said one (1) year,__ period., On termination, ofthis agreement, AMERICAN 1,ANDSCAPE SYSTEMS, INCshall. remove all its equipment and materials from the OWNER'S premises, if applicable., K .. . ....... 9.1 In the event of an alleged breach of any of the provisions of this Agreement by AMERICAN LANDSCAPE SYSTEMS,, INC., the OWNER:shall, by written notice with receipt request, give to AMERICAN LANDSCAPE SYSTEMS, INC. thirty (30) days, comrnen.in i ng with, the receipt of said, notice,,to correct the alleged breach. in the eivent said alleged, breach is not so identified bybeth parties and remedied within the thirty day period, the OWNER may in its discretion written notice to AMERICANLANDSCAPE SYSTEM& INC. that at the end of an additional ten day period the of -fended, party shall consider this Agreleiiient canceled and that it intends to be released fram all obligations hereunder, AMERICAN LANDSCAPE SYSTEMSINC.'May terminate this A dues o pay AMERICAN' greement, upon ten (10) days prior written notice if the OWNER fails or ri fst LANDSCAPE SYSTEMS1 INC. in accordance with paragraph 6 above, If no termination for breach is given the owner will be responsible for a pro -rated amount determined on the amount of time left orl the yearly contract and the pro -rated amount will be billed in full upon receipt of an early cancelation for non.- breach . 10.1 h " Nagrees trovi die AMERICAN LANDSCAPE SYSTEMS, INC. with the use of Te OWER o p space and all utilities including water, sewer, and electricity required, for its performance under this Agreement. Such space and utilities shall be provided without cost to AMERICAN LANDSCAPE SYSTEMS, INC. 11.1 AC'rs OF GOD: Because of their unforeseen and unpredictable nature, repair of damages caused by storms, insects and disease that are uncontrollable by preventative means, floods, drought, water quality, water restrictions and, other causes beyond AMERICAN LANDSCAPE SY'STEMS's control, including, but not limited to vandalisml and a third party controll ing 'watering are not included in this agreement. 11.2 NOTICE: Any notice required under this Agreement shall be delivered by certified mail using a return receipt method, with proper postage prepaid, to the parties at the following address all other notices will be disregarded if not by this return receipt rnethod': AMERICAN LANDSCAPE SYSTEMS, INC. 1.780 Midway Road 1,ewisville, TX 75056 Attn: Joseph Angelone, Vice President (469) 521-2200 11.3 SEVERABILITY: It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict, with any law of the state where made,, the validity of the remaining portions, or provisions shall, not be affected, and the rights and bligations of the parties shall be construed arid en1brced as if the Agreement did not contain the particulay part, term, or provision held to 'be invalid. 11.E CLAUSE 11EADINGS: The clause headings appearing in this have been inrted for the purpose of convenience and ready reference. TheY do not purport to, and shall not be deemed to, define, limit or extend the scope of intent of the respective clauses. 11.5 ENTIRE AGREEMENT: This Agreement,, when fully executed, shall supersede any and all prior and existing Agreements, either oral. in writing, and contains all the covenants subject matter of the Agreement. AnY amendment or modification. to this Agreement must be made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement,, by their officers thereunto duly authorized, on the day and year first above written.., Uwner: Fhe City of The Colony Address- 6800 Mein Street City, State zip The Colony, TX 75056 Attn: Owners Rep Tod Maurina Phone Number 972-624-3128 Email tmaut-ina,@,thecolonytx.gov BY: AV Print Name: Tod Maurina Title: —Assistant 01y Man 1. DESCRIPTION OF PROJECT: The site listed below, including turf areas and cx1ig plant materials, 'is clovereld by this Agreement: Nebraska Furniture Mart The Colony Area D, E, F and I(1-2) and upon approval by both parties other areas as directed by the OWNER. Seeattachment Landscape Mainten ance Schedule of Areas. 2a. SCHEDULE OF SERVICES: Attached Spreadsheet 3.1 Mowers all be kept sharp and in good working, condition at all times during the mowing season. 'The grass blades shall be cut sharply and cleanly. Turf shall be cut evenly', so that no ridges rernain in. the finished, cut, with exception of uneven grades. The direction of mowing shall be alternated so as, to minimize ruts and matting. Appropriate rnowing equipment and patterns will be employed to permit recycling of clippings where possible. 3.2 Mowing height for Bermuda, will start at a scalped height, in early spring and progress to a maintenance height of 3" in the summer. A deep-rooted lawn. iismore efficient in obtaining water and nutrients and is more drought tolierant and weed resistant. 3.3 Mowing height in rye over-sieleded areas to be set at 3" to 3 1/2"hieght. Rye will be over seeded at a rate f 5 -8 lbs der 10 00, sf after Sept 15th., 4. EDGING 4.1 All sidewalks and curb lines will be edged with a blade edger to 1aea neat and clean appearance. 5. LINE TRIMMING 5.1 Fence lines, bases of buildings and around the base of trees will be trirnmed with a hand-held line trimmer. 5.2 AMERICAN LANDSCAPE SYS14EMS, INC. will line trim baof buildings in parking lots. Weeds in cracks and in gravel areas will be sprayed as needed, with a Contact,Herbicide. 53 Any additional spray applications and line trimming requests above the agreed to schedule of ser-v:,ices will be an additional charge at owner's expense. 5.4 AMERICAN LANDSCAPE SYS'FEMS, INC. will not bresponsi,ble for private or public property darnages due to line trimming in. graveled construction areas. Line trimmIng will only be performed one (1) time per month . in these areas. 5.5 Prior to the commencement of new contract and before AMERICAN LANDSCAPE SYSTEMS INC. begins property maintenance, AMERICAN LANDSCAPE SYSTEMS, INC. and owner or agent thereof will perfpe orm a landscaand irrigation inspection to determine any existing damage to an irrigation system, or, landscape. 0 6.1 The per uni ring and trimming -of hedges shall be done at the proper time as reqiured by the plant species and after spring blooming plants have completed, bloom cycle®. Pruning will, be performed to develop the natural, form of the plant and tio create the effect intended by the landscape architect. Shearing will. be limited, on. screening plants until a 3" height is reached. 6.2 Any additional work Performed or required on hedges due to abnormal or, unanticipated growth will req,uire additional charges. This includes, lowering height and reshaping of shrubs beyond the regular maintenance of established hedges. Ornamental grasses will be cut back to ground level in late January or early February. 7.1 Groundcover plants are low growing, v , iner-like and grass -like material that will be trimmed and kept in a manicured manner and to keep within the confines of the intended planting area during the growing season., Ma' in will be done in. the earl jor per y spring. 7.2 AMERICAN LANDSCAPE SYSTEMS, INC. will provide one (1) lowering of Lirope and Jasmine to 6" in height, in April to encourage new growth. Any additional lowering requested will be at an additional charge to owner. 8.I Dedicated color beds will have weeds hand-PUlted weekly during routine maintenance visits. 8.2 Ground cover beds will have large weeds hand -pulled weekly during routine maintenance visits. All otherweeds will be sprayed,, as per Bed Spraying Schedule. 8.3 Prior to the installation of color, beds, will be hjrned to loosen and aerate, soil. All other beds will be turned in late fall, and cultivated with I " of peat moss/compost (once yearly) at an additional cost. 9. TREE MAINTENANCE 9A Broken or badly bruised branches will be removed along with suckle growth. "I"his does riot include removal of severely damaged or dead trees.Newly planted trees and other trees will be pruned once yearly, as needed by a, certified arborist with a rninimum of 5 years experience and as directed by the Architect fbllowing Class I pruning standards during the one dear warranty period. 9.2 Trees against buildings, on roofs,, or encroaching on other trees will be rnana,ged, and pruned per Class I standards during the one year warranty period. 9.3 AMERICAN LANDSCAPE SYSTEMS, INC. will turn existing tree rings one (1) time per year to ensure sufficient aeration. .t this same time, AMERICAN LANDSCAPE SYSTEMS, INC. Will pull, back all mulch 3' away from the base of trees to help in control, of pests and disease. 9.4 Additional. tree rings and mulch can be installed at owner's request for an additional charge if not existing. 9.5 eras staking and tree soil moisture inspection tubes will be inspected by qualified personnel weekly during general plant inspections,. Tree staking will be adjusted or removed once root structure is firmly established and, to avoid truck dama. If soil rmoi,sture is found to be too, wet, or to dry, tree irrigation. will be adjusted, accordingly. Soil probd s will be used to further inspect soil moisture at other trees as needed toverify need for irrigation adjustments. 9-6 Trees performing poorly and showing, sigIns of hlorolsis, particularly those trees in parking 'lot islands and within 20 feet ofpavernent areas that have received excessive compaction and/or lime conditioning will be tested for soil Phand treated by verticalmulching/laugering conducted to increase root zone water and air infiltration. An estir, atfor this will. be provided by a certified arborist on a case by case basis. 9.7 Operations to remove ice due to winter storm conditions to protect trees from damage/ further damage including emergency pruning as a result of storm damage will be performed as an additional service upon approval,, 11 1111171 ffilifilli 10. 1 Papers and other debris will be picked up weekly as maintenance crews are in the work area.and prior to each mowing and all pavernent areas are to be blown clean at the end of the maintenance cycle. Routine debris pickup will be the responsibility of owner on non- mowing days. 10.2 AMERICAN LANDSCAPE SYSTEMS, INC. will remove all bagged grass clippings and bagged landscape debris and tree trimmings due to work performed by AMERICAN LANDSCAPE SYSTEMS, INC., unless, otherwise specified. Thi's will be taken to a recycling, yard to limit the use of a landfill in keeping with envir011mental standards. 11.1 Seasonal, color will. be planted in dedicated beds. The bed location(s) are to be discussed prior to commencement of contract. Choice of sleasonal color will lie made by AMERICAN LANDSCAPE SYSTEMS, INC. and approved, by the Owner, as per Standard Horticultural Practices. Equal alternatives, will be considered, particularly in drought or additional water rtri tion conditions, 112 150. 'flats will be installed per color change, as described in Schedule of Services. (Entire Project) 11.3 Annual coll,or will be limited to 4" pots of Ageratum, Angelonia, Ast,er, Begonias, Carina, Celosia, Coleus, Daisy, Daylilly, Dusty Miller, Fountain Grass,, 11ibiscus, Heuchera, Hydrangea, Impatiens, Lantana, Marigolds, Mums, Penta, Petunias, Purslane, Portulaca, Views, and Zinnias in spring, and summer. Pansies, Violas, Cabbage, Kale and Dusty Miller are choices used in fall planting. 11.E Owner will be provided a proposal for the upcharge and be responsible for additional charges if color choices or sizes are other than, listed. Examples are Caladiurns, Bougainvillea, Esmieralda, Ornamental Rosemary or any type of ground cover or perennial plants. Sizes not included are quart container and larger. 12LAWN I . POST -EMERGE NT 12.1 AMERICAN LANDSCAPE ST MS,INC. uses Amine Formulated Broadleaf Weed Control]. 'Thi,s farmula will be applied once between the months of September through November, as weather indicates. 12.2 Lawn post- emiergent is an attempt,to contro I the exi sting bro ad I eaf weeds, and i si appl i ed during the fall months of September through November,, as weather indicates,. This formula will not, be applied to areas over - seeded with rye grass. 123 Cut Shuts oaf 'products intended for use will be provided to Owner prior to application. 13. abLyrass and Dallis Grass Weed Co . 13.1 Crabgrass Pre -emergent: Spring applications — Ist application of Halts (pendamethalin), Dimension (dithiopyr), or Barricade (prodiamine) early February. A 2nd application may be applied in. early April if using Halts or Dimension. No guarantee of control is implied since: MSMA has been removed by the U.S. Govt. Cut, Sheets of products intended for use will be provided to Owner prior to application. 13.2 AMERICAN LANDSCAPE SYSTEMS, INC. will apply this formula during the optimum moonth s, of May through August. as weather permits. All applications will be applied by a licensed, applicator registered with the State of'Texas., 13.3 AMERICAN LANDSCAPE SYSTEMS, INC, will apply available products to control dallis grass during the optimum ru oaths of May through August, as weather permits. All applications will be applied by a licensed applicator registered with the, State of Texas. 13.4 Areas for herbicide spraying will include bed and turf areas, gravel areas. pedestrian pavement and vehicular areas. Operations will not conflict with the Customer Experience, all safety and environmental considerations will be made according, to EPA and `texas Department of AgIriculture recomi-nendations to ensure the safety of all customers, employee and visitors, to the, site., 13.5 Treatments will also be perforrmed as, needed in high. pedestrian areas defined by the Owner. 14. LAWN PRE -EMERGENT' 14.1 AMERICAN LANDSCA13E SYSTEMS, INC. uses Amine Formulated, Broadleaf Pre -Emergent and Liquid Ire -Ern ergent Crabgrass Control. This formula will be according to the dates for crabgrass control listed above in 1 .l. and once between the'Months of September through November, along with post -emergent, as, weather permits. All applications, will be applied by a licensed applicator registered with, the State of Texas. Cut Sheets of products intended for use will be provided to Owner prior to application. 14.2 Lawn, pre-ernergent is an attempt to control the germination of new weeds,. Pre -emergent results may vary., Heavy rain seasoris leech out the pre -emergent quicker than dry seasons,. 15. BED ST GENT 15J AMERICAN LANDSCAPE, sys'rEMS, INC. uses a liquid post -emergent, weed control in beds. This formula will be applied by a licensed applicator using recommended rates to help in control,, of'Nveeds as needed. 16. BED PRE -EMERGENT 16-1. AMERICAN LANDSCAPE SYSTEMS, INC. will use a pre -emergent applied by a licensed applicator in. ornamental beds once between the months of February through April and once between the months of September through Novo rnber, as weather indicates and per Schedule of Services. Cut Sbeets, of products intended for use will be provided to Owner prior to application.. 16.2 Results for Pre -emergent will vaty due to weather conditions. Heavy rain seasons leech out the pry_ mer quicker than drT seasons. Additional spraying deemed necessary or the use of Gallery a broadleaf weed pre -emergent would be billed accordingly as, an additional, charge. 17.1 AMERICAN' LANDSCAPE SYSTEMS, INC, uses balanced fertilizers at the rate of approximately one (1) pound of nitrogen per thousand square feet of lawn per application during the months of April, June and September. 18.1 AMERICAN LANDSCAPE SYSTEMS, INC. uses balanced fertilizers at the rate of approximately one (1) pound of nitrogen per thousand,square feet.for l the plant bled areas in April and September. 19. TREE FERTILIZATION 19.1 Tree, fertilization, is completed during lawn fstili z,ti on, Spring Flowering trees will be fertilized March — April,, Summer Flowering in April, ­ June, Cape : Mytrles in May and Shade trees in April. Fertilization of the surface soil. 'is, sufficint For existing trees. 19.2 Any additional fertilization or spraying of trees, such. as injections, dormant oil, insect control, and root stimulator or vertical mulching will be proposed and recommended at an addit,ional cost to the owner. 20. INSECT and DISEASE/FUNGUS CONTROL 20.1 AMERICAN LANDSCAPE SYSTEMS, INC., will monitor problems with tree insects and disease. Plants, I , lawns and trees will be inspected. weekly during general plant condition inspections and monthly by a qualified specialist to monitor for issues. Insect and Disease clon,trol will be per -,formed one (1) time in February and one (1) time in Novern,ber, as per Schedule of Services and as required when issues are observed, Cut Sheets of products intended for use will be provided to Owner prior l to application. 20.2 Ants will be spot treated during routine maint ienance and as needed in high pedestrian. areas, defined by the Owner, on yearly control is not part of this agreement 'unless an added cost is agreed to by the owner or its representative (s). 20.3 Areas for insect and disease spraying will include bled and turf areas. Operations will. not conflict with the Customer Experience, all safety and environmental consIderations will be made according to EPA and, Texas Department of Agriculture, recommendations to ensure the saf ety of all customers, employee and visitors 'to the site. 21.1 Winter Rye over seedin g will be, applied Dace between the months, of September through October, as weather plermits. Rye over seeding will require a 48 week agreement (an addition 12 xvieekly mowing visits) and watering approval from the municipality. 2 1 2 Areas, to be red will be scalped prig tio, overseeding. Routine Mowing height of rye grass is described above in item 3.3. All clippings will be bagged and removed from property and taken to a recycling yard. .21.3, AMERICAN 'LANDSCAPE SYSTEMS, INC. will set, irrigation timers to ensure gear in of rye seled, and adjust timers back down once rye is fully germinated, Timers or double-checks shut down'by owner or, agent during rye season may result in the non- ermination of De. Additional overseeding will be an additional charge. 22. IRRIGATION CHECKS 22.1 Irrigation systems will be checked weekly and Monthly per owner specified schedule and adjusted accordingly. Any necessary repairs will be reported to owner along with an estimated proposal. Irrigation adjustments are limited to spray adjustment and, cleaning of clogged nozzles. Any raising, lowering, or nozzle replaicements will be included during the one year warranty period and then billed accordingly after that said period has e;xpired., Seasonal adjustments due to change in. prevailing winds will be provided. Monthly reparts will be provided to the Owner following inspection. 22.2 Any damage to irrigation, system, by AMERICAN LANDSCAPE SYSTEMS, INC., will be repaired at American I.,andscape Syst=s' expense. AMERICAN LANDSCAPE SYSTEMS, INC. and owner will inspect damage to evaluate responsibility., 22.3 Any irrigation check beyond scheduled check will be billed as a service call, plus parts. Irrigation checks, will be billed as, additional cost if the owner has another contractor perform or self performs the work recommended. 22.4 With the shortage of' water usage in our area American Landscape Systems recammends converting to drip irrigation, as to limit water runoff and help 'in conservation of this resource. Proposal for conversions will be provided upon owner*s request. 22.5 Monthly reporting and inspection chklist will be provided to the Owner,. 22.6 Checks of the irrigation. al en olprating system will be conducted with the Owner during Bi- monthly quality control inspections. 23.1 Watering of -turf areas,, bushes, trees and other plant matrial is not incleu died in this Agreement and shall be the responsibility of owner. AMERICAN LANDSCAPESYSTEMS, INC., will give recommendations for watering, so as to promote ahealthy landscape. Recommendations and, cost proposals for additional mainpower will be provided if water restrictions limit use: of irrigation system. 24.1 AMERICAN LANDSCAPE SYSTEMS, INC., shall make every effort to perform the said services so as to avoid, inconvenience to owner. Weekly services will be scheduled to be, performed on the same day(s) of each, 14owever, in, the event, of a holiday, rain or other unforeseen faders, AMERICAN LANDSCAPE SYSTEMS, INC. may need to adjust schedule accordingly, normal,ly the next business day. 24.2 AMERICAN LANDSCAPE SYSTEMS, INC. has set a high standard of quality and professionalism. Every aspect of this maintenance program, is thoroughly planned and will be carefully performed in order to achieve, the maximum visual. impact. AMERICAN LANDSCAPE SYSTEMS, INC., will make ori -site inspections throughout the season to monitor your property and to ensure that a quality service is being provided. Quality control Inspections with the Owner will be conducted bi.-month,ly with the ALS representative and qualified personnel. rbis inspection report will be documented, and provided to the Owner, with any problem areas identified, and requests for proposals for additional. work. Prior to execution of this contract, ALS -will provide the Owner a checklist ofitems to be inspected in routine, monthly and hi-monthlQuality control inspections. 24.3 During bi-,monthly Quality Control inspections a review of the irrigation operation system will be performed to maintain an efficient, effective, system. Qualified, ALS personnel will work with the Owner to make adjustments to the computer operating system as needed. 25.1 AMERICAN LANDSCAPE SYSTEMS, INC. will only use cured mulches from reputable sources such as Living Earth (the Ll TCO Group) or equal with specifications as part of this, proposed service. A sample of mulch to be used will be provided prior to installation for approval. Mulch material will, be: a) double-ground, partially decomposed, dark brown shredded h.rd wood bark mulch at a depth of 2-3",,,orb) double-ground cedar with color ranging from light tan to light brown showing the red, heartwood Intermixed at 2,-3" in depth. Double grind using acommercial grinderf`irst through a six inch screen then a 2 inch screen to produce unifon-n mulch. American Landscape Systems will add mulch as needed, during routine maintenance to maintain a 2 -3 depth and over all during twice yearly operations and/or at the time of seasonal bed installations. 26. ROUTINE PLANT MATERIAL CHECKS 26.1 Plant, turf and trees will be inspected weekly and, month.1y'by qualified personnel to check for insect and disease issues, soil, moisture, dead material needing replacement, pruning needs, condition of tree stakes, and general landscape condition. A. monthly report of these inspections will 'be provided to the Owner and as needed if issues are noted. Prior to execution of the agreement a sample of the checklist for inspection will be approved by the Owner. 27. LANDSCAPE SITEMATERIALS 27.1 AMERICAN LANDSCAPE SYSTEMS, INC,. will,, monthly, inspect landscape site materials including the cleanliness and condition of steel edging, concrete mow strips, gravel areas, stone retaining walls and evidence of' poor drainage areas ire. planting beds or turf areas. Provide a monthly report of issues found NA-ith a proposal for additional service to address issues. Prior to execution, of the agreement a sample of the ch,eeklist fior inspection will be approved by the Owner. PESGRIPTIONOF SITE: The site listed below, inicluding turf areas a,nd existing plant materials, is covered by this Agreement - Areas 1 (1 -2), D, E, F 2A SCHEDULE Off' SERVICES: Specific Dates will be submitted to the Owner one month prior to the activity to help, best plan for and minimize 'impact to the customer experience or'M events. Month . . . ........ --- --------- ----------------- JAN F EBE13 MARAPR.] MAY JUN JUL AUG SEP OCT NOV DEC TOTAL Desicrip ion MOWING 3 4 4 5 4 5 4 3 2 34 EDGING 3 4 4 5 4 5 4 3 2 34 L,IIwo E TRIM --A 7- 3 4 4 3 2 34 HEDGE 1 I8 HEDGE SPRING AFTER BLOOM 1 11, 1 1 4, FLOWERING I A GROUND - COVER BEDIPLANT 4 4 4 5 5 5 4 5 4 4 4 CHECK T REE 2 MAINTENANCE DEBRIS 4 4 4 5 5 5 4 5 4 4 4 4 52 DISPOSAL -- -------- — SEASONAL3, 'I COLOR LAWN POST- 2 EMERGENT CRAPE, MYRTLE i 7 1 LAWN PRE- - - ----- ------------ 2 EMERGENT BED POST - AS REQUIRED 0 EMERGENT BEID PR E- 2 EMERGENT LAWN 3 FERTILIZATION BED 2 FERTILIZATION . . . ........ .. . 'TREE 1 SHADE 7 I CRAPE, 0 FERTILIZATION CRACK AND, AS REQUIRED 01 CREVICE -------------- FIRE IT AS REQUIRED 0 CONTROL . . . ....... . TREE 4 :4:] 4 5 5 5) 5 4 4 4 4 52 MOISTURE SCALPXRYE IF APPROVED OVERSEEDING —2F SPRINKLER 1 2, 2 2 2 2 2 2 1 1 20 ,CHECK ---------- - ------ INSECT/D[SEAS 4 4 4 5 5 4 5 4 4 4 4 52 MULCH 1 2