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7788 - Informal Amendment 4 Executed Procurement & Compliance 901 B Texas St., Denton, TX 76209  (940) 349-7100 OUR CORE VALUES Integrity  Fiscal Responsibility  Inclusion Transparency  Outstanding Customer Service December 1, 2022 Mr. Dave Myers Watts Ellison, LLC dba D&D Commercial - Landscape Management 9076 Forest Lane Dallas, TX 75243 dave@ddmowing.com Re: Letter Agreement to Amend (this “Amendment”) File 7788 – Mowing Services between the City of Denton (“COD”) and Watts Ellison, LLC dba D&D Commercial Landscape Management dated January 9, 2022 (the “Contract”) – Amendment #4 Dear Mr. Myers, Thank you for being such a valued partner. By signing this Amendment below, COD and Watts Ellison, LLC dba D&D Commercial Landscape Management agree that the Contract is hereby deemed amended to the updated Scope of Work, as shown in Attachment A. Except as amended by this Amendment, the Contract is not otherwise amended and all other terms and conditions of the Contract remain in full force and effect, as amended hereby. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically shall have the same effect as the delivery of original signatures. We look forward to future business with your firm. Regards, ____________________________ ___________________________ Erica Garcia, Buyer Dave Myers, Director Procurement and Compliance or Authorized Representative City of Denton Watts Ellison, LLC dba D&D Commercial Landscape Management DocuSign Envelope ID: 97E78E8D-91CC-4503-A353-3238CB97A3C2 CHINESE PRIVET REMOVAL D&D LANDSCAPE PO BOX 741236 DALLAS TEXAS 75374 OFFICE 214-233-6697 FAX 214-369-4367 CUSTOMER City of Denton QUANTITY DESCRIPTION UNIT PRICE AMOUNT The intent of this work is to ultimately remove 90% of the Chinese Privet (Ligustrum sinense) within the designated portion of Bowling Green Park. 1 Year 1 : See the conditions note below 16,749.15$ $16,749.15 DATE 1 Year 2 : Re-cutting the new privet coming up and spraying the herbicide dictated by the City’s IPM program 1,430.00$ $1,430.00 11/16/2022 1 Year 3 : Re-cutting the new privet coming up and spraying the herbicide dictated by the City’s IPM program 880.00$ $880.00 ADDRESS SUBTOTAL $19,059.15 Bowling Green Park TAX RATE 0.00% PHONE SALES TAX OTHER E-MAIL TOTAL $19,059.15 Marshall.McGee@cityofdenton.co m SALESPERSON Dave Myers Sign Here to Accept Quote: ATTENTION Marshall McGee PAYMENT TERMS Authorized Rep Date Net 30 THIS PROPOSAL INCLUDES THE CONDITIONS NOTED: Using a skid steer on tracks (or similar), with a forestry head, cutting and grinding all of the privet in the park area shown on the attached map. Any vegetation within a two-foot radius of a tree 6” or greater in caliper at breast height will need to be cut with loppers, hand pruners/saw, or chainsaw. All of the grindings/chippings will stay on site to act as soil erosion control. The fresh cuts, to be sprayed with a approved non selective herbicide within a three minute span Attachment ADocuSign Envelope ID: 97E78E8D-91CC-4503-A353-3238CB97A3C2 12/6/2022 DocuSign Envelope ID: 97E78E8D-91CC-4503-A353-3238CB97A3C2 SCOPE OF WORK CHINESE PRIVET REMOVAL The respondent’s submission shall have accurately described an understanding of the objectives and scope of the requested products and services and provided an outline of the process to implement the requirements of the Scope of Work and services necessary. It is anticipated that the scope of work will include, at a minimum, the following: GENERAL CONDITIONS A. Contractor shall require all employees to report to work in clean uniforms, including shirt and pants. Uniforms shall have the contractor’s name in a manner clearly identifiable to the public. Contractor must insure that employees wear a shirt at all times. B. Contractor and employees will be courteous to the public at all times while at the work site. Conflicts or potential conflicts between required work and public use of a location should be reported to the City Representative within 12 hours. Contractor shall remove any employee that is incompetent or endangers persons or property. Employees will not consume or possess alcohol or use or possess any illegal drugs or be under the influence of such while on Owner’s property and or while carrying out the requirements of the contract. Contractor shall immediately remove such employee from the worksite. C. Contractor shall supply all of his employees with adequate Personal Protective Equipment. D. Contractor must provide and maintain a point of contact from 7:00 a.m. until 5:00 p.m. Monday through Friday. In the event that a call is handled by voice mail, a return call to the City representative must be received within a maximum of one hour. DocuSign Envelope ID: 97E78E8D-91CC-4503-A353-3238CB97A3C2 SCOPE OF WORK CHINESE PRIVET REMOVAL The intent of this work is to ultimately remove 90% of the Chinese Privet (Ligustrum sinense) within the designated portion of Bowling Green Park. The contractor shall, within two weeks of notice by the City of Denton Parks and Recreation Department, be able to mobilize and complete the required portion of privet control. A. Timing. Research suggests the more effective time to remove privet is in the fall. To maximize efforts, PARD will prioritize initial removal activities during late fall months and continue to evaluate the situation. When removing privet across large areas it may be more effective to consider phasing the area in sections. When prioritizing phasing, it is more important to try to address mature plants or re-growth plants that have started flowering/producing berries to reduce future distribution. To reach the goal of 90% eradication will possibly be a two to three-year process of cutting and applying herbicide or by use of other cultural/mechanical methods. B. Equipment. 1) Small equipment may be used to remove privet when environmental conditions permit the use. When conditions cannot be met, privet shrubs will be removed by hand. Conditions that may inhibit the use of small equipment include: a) Any stand of trees over 6” DBH and the equipment could negatively impact beneficial tree canopy. b) Areas where native vegetation dominates and few privet have invaded the space. c) Areas with major topographic changes, making safe equipment mobility difficult. d) The equipment may not be operated within two feet of the trunk of a tree 6” or greater DBH. Privet branches located within the 2-foot boundary must be hand-cut. 2) Small equipment may include a skid steer with a mulcher. Other parameters include: a) The skid steer must have tracks. b) A drum mulcher is preferred. c) Mats are required when operating in wetland areas. 3) Chaining may be appropriate when the area is greater than 40 acres and tree density (6” or greater DBH) is less than 10% of the area. C. Privet disposal from initial removal. Larger material resulting from the activity will be managed to allow restoration to occur. Depending on resulting volume, the material could be shredded to reduce volume or collected to transport to a compost facility. D. Herbicide use. Whether mechanically cut or hand-cut, all privet cut stumps have a high probability of recovery and must be treated to reduce re-growth. 1) An herbicide listed in the IPM will be selected for targeted cut stump treatment and seedling treatment. All cut stump treatment and seedling treatment activities will follow best-practices as defined by the herbicide manufacturer. DocuSign Envelope ID: 97E78E8D-91CC-4503-A353-3238CB97A3C2 SCOPE OF WORK CHINESE PRIVET REMOVAL 2) To be effective cut-stump treatment must be performed a) within 30 seconds of the original cut, or b) within 30 seconds of a new cut made after the original removal activity. E. Seedling removal. Seedlings should be expected and seeding removal will occur within one year of the initial privet removal activity. 1) Hand pulling will be prioritized, when feasible. 2) When hand pulling is not feasible, an herbicide listed in the IPM will be applied with a hand wand by a trained applicator. Precautions will be taken to target the privet seedling and avoid over-spraying. F. Volunteer activities. When small equipment use is not available, volunteers may be employed to hand-cut privet stems. Volunteers will be provided training to identify privet and common environmental hazards, provided safety training, and supervised by staff who meet prerequisites listed in Section Error! Reference source not found.. G. Goats and other alternative privet reduction and removal tools. 1) Goats do not remove the plant but are useful for reducing the volume of privet. Goats may support hand-removal activities and can be deployed as a pre- removal measure. 2) Other privet reduction and removal tools and procedures may be evaluated for efficacy, cost-effectiveness and results in improved privet reduction or removal and least impacts to the natural environment. DocuSign Envelope ID: 97E78E8D-91CC-4503-A353-3238CB97A3C2