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HomeMy WebLinkAboutResolution No. 2016-073CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016--0-7-3 A RESOLL;TION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE LANDSCAPE MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND AMERICAN LANDSCAPE SYSTEMS, INC. FOR THE PURPOSE OF PROVIDING LANDSCAPE MANAGEMENT SERVICES FOR THE GRANDSCAPE DEVELOPMENT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an annual Agreement such that the Consultant is to provide the following services: LANDSCAPE MANAGEMENT SERVICES FOR 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, INC. which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Agreement the City of The Colony is agreeing to pay the sum not to exceed $178,936.08 annually for such work, with funding provided by the City of The Colony Public Improvement District No. 1; payment provided in monthly installments. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Agreement, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount of $178,936.08, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 18th day of October, 2016. A �T: LV V 1 Tina Stewart, City Secretary APPROVED AS TO F . eff Moo e, City Attorney AMERICAN LANDSCAPE SYSTEM S Professional Landscape Urrigation Contractor 1780 Midway Road • Lewisville, Texas 75056 Landscape Management Proposal Submitted to: The City of The Colony 6800 Main Street The Colony, TX 75056 In care of: Tod Maurina Assistant City Manager City of The Colony TX tmaurina@thecolonytx.gov 972-624-3128 Office (469) 521-2200 Fax (469) 521-2206 LANDSCAPE MANAGEMENT AGREEMENT This agreement made and entered into this 1st day of October, 2016, by and between AMERICAN I.ANDSCAPF SYSTEMS, INC. and The City of The Colony (hereinafter referred to as "the OWNER"). WHEREAS, based upon its extensive experience in this field, AMERICAN LANDSCAPE SYSTEMS, INC. is prepared to and desires to render certain Landscape Management services for the OWNER as set forth 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. SERVICES 1 1 AMERICAN LANDSCAPE SYSTEMS, INC. agrees to perform the Landscape Management Services for the OWNER, in accordance with standard high quality horticultural 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 made a part hereof. The services covered by this Agreement, performed by AMERICAN LANDSCAPE SYSTEMS, INC. shall commence on October 1, 2016. In its capacity, AMERICAN LANDSCAPE SYSTEMS, INC. accepts responsibility for performance of the 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 be rendered hereunder. These personnel shall be direct agents or employees 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 Management 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 use licensed personnel for pesticide 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 Arborist for Supervision of Tree care. 3. DIRECT COSTS AND EXPENSES: 3.1 AMERICAN LANDSCAPE SYSTEMS, INC. shall pay all direct operating costs and expenses required in the performance of the Landscape Management Services rendered hereunder, other than those costs and expenses set forth in paragraph 6 below or specifically excluded in the Exhibit attached. American 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. 4. SUPPLIES AND MATERIALS 4.1 As a part of this Agreement, AMERICAN LANDSCAPE SYSTEMS, INC. shall provide at its own cost all Landscape supplies, equipment, tools, materials, and purchased services in order to accomplish its seance under this Agreement. American Landscape Systems assumes no warranty or cost of plant material, irrigation material, dca, flow meters, master valves, flush valves, wires, ram 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. 5. STATUTORY REQUIREMENTS: 5.1 AMERICAN LANDSCAPE SYSTEMS, INC. shall pay all lawful taxes and fees unposed by federal, state or local agencies in connection with the Landscape Management service to be 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. 6. COMPENSATION FOR SERVICES AND PRODUCT: In consideration of the performance of said Landscape '.Management Services by AMERICAN LANDSCAPE SYSTEMS, INC., the OWNER shall make payment to AMERICAN LANDSCAPE SYSTEMS, INC as follows: 6.1 CONTRACT 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: MONTHLY PRICE TOTAL ANNUAL PRICE: Area D $ 1,666.67 $ 20,000.04 Area E $2,58500 $ 31,020.00 Area F $ 1,666.67 $ 20,000.04 Area 1 (1-2) $ 1,883.33 $ 22,600.00 Pylon Package $ 2,583.00 $ 30,996.00 S ff. 121 Frontage $ 991.67 $ 11,900.00 Field Mow $ 1,750.00 $ 21,000.00 '.Mow Undev. Plano Prky $ 595.00 $ 7,140.00 East of DDI Bridge & 121 Frontage from DDI to Destination $ 1,190.00 $ 14,280.00 Total all Areas $14,911.34 $178,936.08 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 from the date due until paid. 6.2 ADJUSTMENT TO CONTRACT AMOUNT: Effective with each anniversary date of the commencement of services 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 ADJUSTMENT TO CONTRACT AMOUNT - CHANGE IN SERVICES: It is also agreed that the monthly Contract Amount 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 be performed 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 Amount, commencing with the first payment to be made immediately following such increase, reduction or alteration. 6.4 ADDITIONAL JOB WORK: OWNER agrees to pay a separate charge, as agreed upon by OWNER and AMERICAN LANDSCAPE SYSTEMS, INC., for services and materials requested by OWNER which are not specifically listed 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 owner or its representative. 7. INDEMNIFICATION: 7.1 AMERICAN LANDSCAPE. SYSTEMS, INC. agrees to indemnify and hold the OWNER harmless from any liability, which may be unposed against the OWNER by reason of the acts or omissions of AMERICAN LANDSCAPE SYSTEMS, INC. 7.2 OWNER agrees to indemnify and hold AMERICAN LANDSCAPE SYSTEMS, INC. harmless from any liability, which may be imposed against AMERICAN LANDSCAPE SYSTEMS, INC. by reason of the acts or omissions of OWNER. 8. TERIM: 8 1 This agreement shall run for an initial period of one (1) year , starting with date services commence hereunder as set forth in paragraph 1 above, and thereafter will be automatically renewed after one 1 Year fora period of one (1) year_ Either party may terminate this agreement hereto at the end of 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 of this agreement, AMERICAN LANDSCAPE SYSTEMS, INC. shall remove all its equipment and materials from the OWNER'S premises, if applicable. 9. TERIMINATION FOR BREACH: 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, commencing with the receipt of said notice, to correct the alleged breach. In the event said alleged breach is not so identified by both parties and remedied within the thirty day period, the OWNER may in its discretion give written notice to AMERICAN LANDSCAPE SYSTEMS, INC that at the end of an additional ten day period the offended party shall consider this Agreement canceled and that it intends to be released from all obligations hereunder. AMERICAN LANDSCAPE SYSTEMS, INC. may terminate this Agreement upon ten (10) days prior written notice if the OWNER fails or refuses to pay AMERICAIN LANDSCAPE SYSTEMS, 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 on the yearly contract and the pro -rated amount will be billed in full upon receipt of an early cancelation for non- breach. 10. SPACE AND UTILITIES PROVIDED BY THE OWNER: 10.1 The OWNER agrees to provide AMERICAN LANDSCAPE SYSTEMS, INC. with the use of 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. GENERAL CONDITIONS: 11.1 ACTS 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 SYSTEMS's control, including, but not limited to vandalism, and a third party controlling 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 method: AMERICAN LANDSCAPE SYSTEMS, INC. 1780 Midway Road Lewisville, 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 obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 11.4 CLAUSE HEADINGS: The clause headings appearing in this have been inserted 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 E-NTIRI: 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. OWNER OR AUTHORIZED AGENT: e0o" �T# Owner: The City of The Colony `; • •••• Address: 6800 Main Street City, State zip The Colony, TX 75056�t a 14 Attn: Owners Rep Tod Maurina T•`jj': Phone :dumber 972-624-3128 Email tmaurinaLthecolonytx.gov .•' TEXAS BY: Prm e: Troy Powell Title: City Manager AMERICAN LANDSCAPE -SYSTEMS, INC. Print Name: Title: Vice President LANDSCAPE SERVICES EXHIBIT 1. DESCRIPTION OF PROJECT: The site listed below, including turf areas and existing plant materials, is covered by this Agreement: Nebraska Furniture Mart - The Colony Area D, E, F and 1(1-2) and upon approval by both parties other areas as directed by the OWNER. See attachment Landscape Maintenance Schedule of Areas. 2a. SCHEDULE OF SERVICES: Attached Spreadsheet 2b. ADDITIONAL. SERVICES: 3. MOWING OF GRASS 3 1 Mowers shall be kept sharp and in good working condition at all tunes during the mowing season. The grass blades shall be cut sharply and cleanly. Turf shall be cut evenly, so that no edges remain in the finished cut, with exception of uneven grades. The direction of mowing shall be alternated so as to minimize ruts and matting. Appropriate mowing 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 is more efficient in obtaining water and nutrients and is more drought tolerant and weed resistant. 3.3 Mowing height in rye over -seeded areas to be set at 3" to 3 1/2"lueght. Rye will be over seeded at a rate of 5 -8 lbs per 1000 sf after Sept 15`h. 4. EDGING 4.1 All sidewalks and curb lines will be edged with a blade edger to leave a neat and clean appearance. 5. LINE TRIMMING 5.1 Fence lines, bases of buildings and around the base of trees will be trimmed with a hand-held line trimmer. 5.2 AMERICAN LANDSCAPE SYSTEMS, INC. will line tnm bases of buildings in parking lots. Weeds in cracks and in gravel areas will be sprayed as needed with a Contact Herbicide. 5 3 Any additional spray applications and line trimming requests above the agreed to schedule of services will be an additional charge at owner's expense. 5.4 AMERICAN LANDSCAPE SYSTEMS, INC. will not be responsible for private or public property damages 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 perform a landscape and irrigation inspection to determine any existing damage to an irrigation system or landscape. 6. HEDGES and ORNAMENTAL GRASSES 6.1 The pruning and trimming of hedges shall be done at the proper time as required by the plant species and after spring bloommg plants have completed bloom cycle. Pruning will be performed to develop the natural form of the plant and to create the effect intended by the landscape architect. Shearing will be lmuted on screening plants until a 3' height is reached. 62 Any additional work performed or required on hedges due to abnormal or unanticipated growth will require 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. GROUND COVER 7.1 Groundcover plants are low growing, vine -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. Mayor pruning will be done in the early 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. BEDS 8.1 Dedicated color beds will have weeds hand -pulled weekly during routine maintenance visits. 8.2 Ground cover beds will have large weeds hand -pulled weekly during routine maintenance visits. All other weeds will be sprayed, as per Bed Spraying Schedule. 8.3 Prior to the installation of color, beds will be turned to loosen and aerate soil. All other beds will be turned in late fall and cultivated with 1" of peat moss/compost (once yearly) at an additional cost. 9. TREE MAINTENANCE 9.1 Broken or badly bruised branches will be removed along with suckle growth. This does not include removal of severely damaged or dead trees. Newly planted trees and other trees will be pruned once yearly as needed by a certified arbonst with a minimum of 5 years experience and as directed by the Architect following Class 1 pruning standards during the one year warranty period. 92 Trees against buildings, on roofs, or encroaching on other trees will be managed and pruned per Class 1 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. At 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 Tree 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 damage If soil moisture is found to be too wet or too dry, tree irrigation will be adjusted accordingly. Soil probes will be used to further inspect soil moisture at other trees as needed to verify need for irrigation adjustments. 9.6 Trees performing poorly and showing signs of chlorosis, particularly those trees in parking lot islands and within 20 feet of pavement areas that have received excessive compaction and/or lune conditioning will be tested for soil ph and treated by vertical mulching/augering conducted to increase root zone water and air infiltration. An estimate for this will be provided by a certified arbonst on a case by case basis. 9.7 Operations to remove ice due to winter storm conditions to protect trees from damage/ fiirther damage including emergency pruning as a result of storm damage will be performed as an additional service upon approval. 10. DEBRIS DISPOSAL 101 Papers and other debris will be picked up weekly as maintenance crews are in the work area and prior to each mowing and all pavement 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. This will be taken to a recycling yard to limit the use of a landfill in keeping with environmental standards. 11. SEASONAL COLOR 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 seasonal color will be made by A14fERICAN LANDSCAPE SYSTEMS, INC. and approved by the Owner, as per Standard Horticultural Practices Equal alternatives will be considered, particularly in drought or additional water restriction conditions. 11.2 315 flats will be installed per color change, as described in Schedule of Services. (Entire Project) 11.3 Annual color will be limited to 4" pots of Ageratum, Angelonia, Aster, Begonias, Canna, Celosia, Coleus, Daisy, Daylilly, Dusty Miller, Fountain Grass, Hibiscus, Heuchera, Hydrangea, Impatiens, Lantana, Marigolds, Mums, Penta, Petunias, Purslane, Portulaca, Vmcas, and Zinnias in spring and summer. Pansies, Violas, Cabbage, Kale and Dusty Miller are choices used in fall planting. 11.4 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 Caladiums, Bougainvillea, Esmeralda, Ornamental Rosemary or any type of ground cover or perennial plants. Sizes not included are quart container and larger. 12. LAWN POST -EMERGENT 12.1 AMERICAN LANDSCAPE SYSTEMS, INC. uses Amine Formulated Broadleaf Weed Control. This formula will be applied once between the months of September through November, as weather indicates. 12.2 Lawn post -emergent is an attempt to control the existing broadleaf weeds, and is applied during the fall months of September through November, as weather indicates. This formula will not be applied to areas over - seeded with rye grass. 12 3 Cut Sheets of products intended for use will be provided to Owner prior to application. 13. Crabgrass and Dallis Grass Weed Control. 13.1 Crabgrass Pre -emergent: Spring applications - 1st application of Halts (pendamethalm), 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 months 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 months 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 environnpntal considerations will be made according to EPA and Texas Department of Agriculture recommendations to ensure the safety of all customers, employee and visitors to the site. 13.5 Treatments will also be performed as needed in high pedestrian areas defined by the Owner. 14. LAWN PRE -EMERGENT 14.1 AMERICAN LANDSCAPE SYSTEMS, INC. uses Amine Formulated Broadleaf Pre -Emergent and Liquid Pre -Emergent Crabgrass Control. This formula will be according to the dates for crabgrass control listed above in 13 1 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 -emergent is an attempt to control the germination of new weeds. Pre -emergent results may vary. Heavy ram seasons leech out the pre -emergent quicker than dry seasons. 15. BED POST -EMERGENT 15.1 AMERICAN LANDSCAPE SYSTEMS, 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 weeds 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 November, as weather indicates and per Schedule of Services. Cut Sheets of products intended for use will be provided to Owner prior to application. 16.2 Results for pre -emergent will vary due to weather conditions. Heavy ram seasons leech out the pre - emergent quicker than dry seasons Additional spraying deemed necessary or the use of Gallery a broadleaf weed pre -emergent would be billed accordingly as an additional charge. 17. LAWN FERTILIZATION 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. BED FERTILIZATION 18.1 AMERICAN LANDSCAPE SYSTEMS, INC. uses balanced fertilizers at the rate of approximately one (1) pound of nitrogen per thousand square feet for the plant bed areas in April and September. 19. TREE FERTnAZATION 19.1 Tree fertilization is completed during lawn fertilization, Spring Flowering trees will be fertilized March - April, Summer Flowering in April - June, Crape Mytrles in May and Shade trees in April. Fertilization of the surface soil is sufficient for existing trees. 192 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 additional cost to the owner. 20. INSECT and DISEASEIFUNGUS CONTROL 20.1 AMERICAN LANDSCAPE SYSTEMS, INC. will monitor problems with tree insects and disease. Plants, 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 control will be performed one (1) time in February and one (1) time in November, 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 to application. 20.2 Ants will be spot treated during routine maintenance and as needed in high pedestrian areas defined by the Owner, once 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 bed 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 safety of all customers, employee and visitors to the site. 21. RYE OVERSEEDING 21.1 Winter Rye overseeding will be applied once between the months of September through October, as weather permits Rye over seeding will require a 48 week agreement (an addition 12 weekly mowing visits) and watering approval from the municipality 21.2 Areas to be ryed will be scalped prior to 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 germination of rye seed, 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 -germination of rye. Additional overseeding will be an additional charge. 22. IRRIGATION CITECKS 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 replacements will be included during the one year warranty period and then billed accordingly after that said period has expired. Seasonal adjustments due to change in prevailing winds will be provided. Monthly reports 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 Landscape Systems' 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 recommends 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. 225 Monthly reporting and inspection checklist will be provided to the Owner. 22.6 Checks of the irrigation Calsense operating system will be conducted with the Owner during Bi- monthly quality control inspections. 23. WATERING 23.1 Watering of turf areas, bushes, trees and other plant material is not included in this Agreement and shall be the responsibility of owner. AMERICAN LANDSCAPE. SYSTEMS, INC. will give recommendations for watering, so as to promote a healthy landscape. Recommendations and cost proposals for additional manpower will be provided if water restrictions limit use of irrigation system. 24. OtiALITY CONTROI, 24.1 AMERICAN LANDSCAPE SYSTEMS, INC. shall make every effort to perform the said services so as to avoid mconvenience to owner. Weekly services will be scheduled to be performed on the same day(s) of each. However, in the event of a holiday, ram or other unforeseen factors, AMERICAN LANDSCAPE SYSTEMS, INC. may need to adjust schedule accordingly, normally 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 on-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-monthly with the ALS representative and qualified personnel. This 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 of items to be inspected in routine, monthly and bi-monthly Quality 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. 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. Irngation adjustments are limited to spray adjustment and cleaning of clogged nozzles. Any raising, lowering, or nozzle replacements will be included during the one year warranty period and then billed accordingly after that said period has expired. Seasonal adjustments due to change in prevailing winds will be provided. Monthly reports 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 Landscape Systems' 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. Irngation 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 recommends 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 checklist will be provided to the Owner. 226 Checks of the irrigation Calsense operating system will be conducted with the Owner during Bi- monthly quality control inspections. 23. WATERING 23.1 Watering of turf areas, bushes, trees and other plant material is not included in this Agreement and shall be the responsibility of owner. AMERICAN LANDSCAPE SYSTEMS, INC. will give recommendations for watering, so as to promote a healthy landscape. Recommendations and cost proposals for additional manpower will be provided if water restrictions limit use of irrigation system. 24. OliALITY CONTROL 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. however, in the event of a holiday, rain or other unforeseen factors, AMERICAN LANDSCAPE SYSTEMS, INC. may need to adjust schedule accordingly, normally the next business day. 242 AMERICAN I.ANDSCAPE 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 on-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-monthly with the ALS representative and qualified personnel. This 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 of items to be inspected in routine, monthly and bi-monthly Quality 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 A.'vIERICAN LANDSCAPE SYSTEMS, INC. will only use cured mulches from reputable sources such as Living Earth (the LETCO 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 hardwood bark mulch at a depth of 2-3", or b) 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 a commercial grinder fust through a six inch screen then a 2 inch screen to produce uniform 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. ROCTViE PLANT :MATERIAL CHECKS 26.1 Plant, turf and trees will be inspected weekly and monthly 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 SITE :MATERIALS 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 in planting beds or turf areas. Provide a monthly report of issues found with a proposal for additional service to address issues. Prior to execution of the agreement a sample of the checklist for inspection will be approved by the Owner.