NCS000494_Lewisville - Beautifcation Contract 2020-2021_20200722

TOWN OF LEWISVILLE CONTRACT
2020--202 ] Town of Lewisville Beautification Contract— EcoLogic
Contractor Billing Name and Address:
Ecologic/ Jon Hannah
9186 Reynolda Rd
Pfafftown , NC 27040
[phone]
ENCUMBERED
2 Scope of Work:
2.1 The Contractor shall provide labor and materials to provide full maintenance of all the town's shrubs, trees and
flower beds as per the attached quote provided by the contractor.
The contractors quote is attached to and made a part of this contract.
3 Independent Contractor:
3.1 The Contractor agrees that he/she is an Independent Contractor not under the control or supervision of the Town
and therefore not eligible for Worker's Compensation or other Town Employee benefits. The Contractor does
not make this agreement under any duress.
Insurance:
4.1 The Contractor shall maintain in full force and effect throughout the term of this Contract and throughout any
extension or renewal thereof the following types of insurance in at least the limits specified below:
4.1.1 Workman's Compensation at or above the Statutory Minimum,
4.1.2 Employer's Liability at or above $100,000 (One hundred thousand dollars).
4.1.3 General Liability at or above $1,000,000 (One million dollars).
4.1.4 Automobile Liability Combined Single Limit at or above $500,000 (Five hundred thousand dollars).
4.1.5 Products/Completed Operations (Each Occurrence/Aggregate) $1,000,000/$$1,000,000 (One million dollars).
4,1.6 Excess Umbrella Liability is not required.
4.2 Employer's Liability Coverage will be required of the Contractor and any sub -Contractor where any class of
employee engaged in work under this Contract is not protected under the Workmen's Compensation Statute.
4.3 All insurance will be by insurers acceptable to the Town and authorized to do business in the State of North
Carolina. Prior to the commencement of work, the Contractor shall furnish the Town with certificates of insurance
or other satisfactory evidence that such insurance has been produced and in force. Said policies shall not thereafter
be cancelled, permitted to expire, or be changed without thirty (30) days advance written notice to the Town,
4.4 To the extent permitted by law, al l or any part of required insurance coverage(s) may be provided under a plan
of self-insurance (acceptable to the Town in its reasonable discretion).
5 Indemnity:
5A The Contractor will indemnify and save harmless the Town, its officers, agents, servants, and employees from
and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys' fees resulting from a willful or negligent act or omission of the Contractor, its officers, agents,
servants and employees in the performance of this Contract; provided, however, that the Contractor shall not be
liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees
arising out of the award of this Agreement or a willful or negligent act or omission of the Town, its officers,
agents, servants and employees. The contractor has signed the Town's Hold Harmless Agreement which shall be
a part of this document.
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TOWN OF LEWISVILLE CONTRACT
2020-2021 Town of Lewisville Beautification Contract— Ecologic
6 Scope of Contract;
6.1 Effective Date - This Contract shall become effective on the day of execution.
6.2 Term The term of this contract shall be from date of execution and end June 30, 2021,
63 CofAfacA EMension The paAies agree that by mutual consent, each expf-essed in writing and reeeived at least ten
(10) days befoFe the teR:njeation contract period, that this Cofftfaet may be extended for- an ad 1 1- J.,
upen the same terms and ...bons ., set f Fth in this !'`e traet
6A Exclusive Right -The Town, as grantor, does not grant the Contractor, as grantee, the exclusive right during the
term of this Contract to be the Town's Contractor for tree services,
6.5 Compliance with Applicable Laws -The parties to this Contract agree that the laws of the State of North Carolina
shall govern the validity, construction, interpretation, and effect of this contract. The Contractor shall conduct the
specified renovation as provided for by this Contract in compliance with all applicable federal, state and local
regulations and laws including the OSHA standards set and enforced by the Department of Labor. This Contract
and the work to be done as described herein is also subject to the provisions of all pertinent municipal ordinances
which are hereby made a part hereof with the same force and effect as if specifically set out herein.
6.6 Bankruptcy -"Insolvent" for the purposes of this clause shall mean the party's inability to pay its debts as they
mature.
6,6.1 The party's insolvency, or voluntary or involuntary bankruptcy, shall not constitute prospective unwillingness
and/or inability to perform nor a repudiation of this agreement unless the parry fails to give a timely and adequate
assurance of its ability to perform. Until such assurances are received, the demanding party may suspend, if
commercially reasonable, any performance due upon its part unless already paid for, If a party is unable to give
adequate assurance, the other party may terminate the Contact with ten (10) days written notice. Assumption of
this Contract by a bankrupt debtor's trustee shall initially give rise only to a reasonable sense of insecurity and
shall not operate as an automatic repudiation, prospective unwillingness to perform, or a breach of the Contract
where the Contractor is in the process of voluntary or involuntary bankruptcy.
6.6.2 The Town shall not be bound to the contract by an insolvent Contractor's trustee or receiver.
6.6.3 In the event of the Contractor's bankruptcy, the Town will have the same remedies as provided for Breach of
Contract.
6.7 . Breach of Contract -If the Contractor fails to comply with applicable Federal, State, or Local Laws or regulations
the Contractor will be in default and the Town may immediately terminate the Contract without notice. The Town
may seek any or all remedies available at law or in equity, If the Contractor fails to perform, or fails to perform in
a satisfactory manner, or to perform in accordance with applicable ordinances, its obligations hereunder, the Town
shall have the right to demand in writing adequate assurance from the Contractor that steps have been or are being
taken to rectify the situation, Within ten (10) days of receipt of such demand, the Contractor must return to the
Town a written statement that explains reasons for nonperformance, or delayed, partial or substandard
performance during that period and any continuation thereof. Upon receipt of the Contractor's statement or the
failure of the Contractor to submit one, the Town may, except under conditions of Force Majeure, terminate this
Contract and, shall have any and all remedies available at law or in equity,
6,8 Force Majeure
6.8.1 Neither the Contractor nor the Town shall be liable for the failure to perform their duties nor for any resultant
damage, loss, etc,, if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike,
fine, accident, act of God or other similar contingency beyond the reasonable control of the Contractor or Town.
6,8.2 If such circumstances persist for more than ten (10) days or if after their cessation the Contractor is unable to
render full or substantial performance for a period of ten (10) days, he or the Town may terminate this Contract
upon giving not less than twenty (20) days written notice to the Town,
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TOWN OF LEWISVILLE CONTRACT
2020-2021 Town of Lewisville Beautification Contract— EcoLogic
6.9 Arbitration and Award -Any controversy or claim arising out of or relating to this agreement, or breach thereof,
shall be settled by arbitration in accordance with the rules of the American Arbitration Association by arbitration
in Forsyth County, North Carolina. Judgment upon the award rendered by the arbitrators may be entered in any
court having jurisdiction thereof,
6.10 Assignment of Contract -No assignment of this Contract or any right accruing under this Contract shall be made
in whole or in part by the Contractor, directly or indirectly by sale of stock of the Contractor to an entity unrelated
to the Contractor, or other device, without the express written consent of the Town, which consent shall not be
unreasonably withheld. The delegation of any Contract duties will require the written consent of the Surety as
such a delegation will not relieve the Contractor or his Surety of any liability and/or obligation to perform. In the
event of any delegation of duty, the delegate shall assume full responsibility and liability for performance of that
duty without affecting the Contractor's liability,
6.11 Change of Ownership -In the event that the Contractor's business assets are sold, without the written consent of
the Town, the Town maintains the right, to terminate this agreement and, to hold the original owner solely liable.
If, however, the Town determines, in its sole discretion, that the new ownership can adequately and faithfully
render the services called for in this Contract for the remaining term of the Contract, then the Town may elect to
execute a novation, allowing the new ownership to assume the rights and duties of this Contract and releasing the
previous ownership of all obligation and liability. The new ownership would then be solely liable for any work
and/or claims attendant to this agreement,
6.12 Waivers:
6.12.1 A waiver by either party of any breach of any provisions hereof shall not be taken or held to be a waiver of any
succeeding breach of such provision or as a waiver of any provision itself. No payment or acceptance of
compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of
defective performance.
6.12,2 Where the condition to be waived is a material part of the Contract such that its waiver would affect the essential
bargains of the parties, the waiver must be supported by consideration and take the form of a Contract modification
as provided for elsewhere in this section.
6.13 Illegal and Invalid Provisions -Should any term, provision or other part of this Contract be declared illegal it shall
be excised and modified to conform to the appropriate laws or regulations. Should any term, provision or other
part of this contract be held to be inoperative, invalid or unenforceable, then such provision or portion thereof
shall be reformed in accordance with applicable laws or regulations, In both cases of illegal and invalid provisions,
the remainder of the Contract shall not be affected but shall remain in full force and effect.
6.14 Joint and Several Liability -If the Contractor is comprised of more than one individual, corporation or other entity,
each of the entities comprising the Contractor shall be jointly and severally liable.
6.15 Binding Effect -The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal
heirs, representative, successors, and assigns,
6.16 Amendment of the Contract -No modification or amendment of the terms hereof shall be effective unless written
and signed by the authorized representatives of all parties entitled to receive a right or obligated to perform a duty
under this Contract. A signed original is to be fastened to the original Contract with signed copies retained by all
the parties.
6.17 Merger Clause: Previous Agreements Suspended -This agreement constitutes the final and complete agreement
and understanding between the parties. All prior and contemporaneous agreements and understandings, whether
oral or written, are to be without effect in the construction of any provision or term of this Contract if they alter,
vary or contradict this agreement.
Safety of Workers and Accident Exposure:
7.1 The Contractor is expected to comply with OSHA standards as they may apply to the Contractor's execution of
the requirements of this Contract.
7.2 The Contractor shall provide to the town a copy of employee safety policies and procedures.
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TOWN OF LEWISVILLE CONTRACT
2020-2021 Town of Lewisville Beautification Contract-- EcoLogic
7.3 The Contractor's employee safety policies and procedures must provide for adequate protection of all employees
performing duties as a part of this Contract and adequate safety of other individuals at or near the work area.
7A The Contractor shall conduct its own "frequent" and "regular" inspections at the job site for compliance with its
safety program and pertinent OSHA regulations.
7.5 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors strictly adhere to
all safety standards, rules, and OSHA regulations pertinent to the type of work being performed.
7.6 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors develop a safety
program for work covered by the subcontract.
7.7 The Contractor shall provide in all subcontracts that each subcontractor and their subcontractors conduct their
own "frequent" and "regular" inspections at the job site for compliance with its safety program and all pertinent
OSHA regulations.
7.8 The Contractor shall include the following statement in subcontracts: "Subcontractor shall, at its own expense,
strictly adhere to all pertinent safety standards, rules and OSHA regulations required or recommended by
governmental or quasi -governmental authorities having jurisdiction. The Subcontractor hereby acknowledges
that it has its own safety program for all work covered by or performed under this Subcontract, The
Subcontractor agrees to conduct its own frequent and regular inspections of all work covered by or performed
under this Subcontract at the project site to verify compliance with the Subcontractor's safety program and all
applicable safety standards, rules and OSHA regulations, The Subcontractor and Contractor acknowledge and
agree that the Contractor has no control, responsibility or authority over the Subcontractor or the
Subcontractor's employees or subcontractors with regard to the safety and health conditions relating to or arising
out of the Subcontractor's work or the performance of any work covered by this Subcontract. The Subcontractor
has the sole responsibility and authority for ensuring that any and all hazardous conditions relating to or arising
out of the Subcontractor's work are corrected. With regard to the Subcontractor's work or any work covered by
or performed under this Subcontract, the Contractor is not the controlling employer or controlling entity for the
purpose of detecting hazardous conditions or ensuring that hazardous conditions are corrected."
8 Nondiscrimination:
8A Neither the Contractor nor any sub -Contractor nor any Person(s) acting on his behalf shall discriminate against
any person because of race, sex, age, creed, color, religion, national origin, or disability.
9 Warran
9.1 The Contractor shall warranty all workmanship and materials for up to one year after completion of the project.
9.2 Contractor warrants that the work will be performed in accordance with generally accepted standards associated
with the particular professional discipline involved, as practiced by members of such discipline in the same
locality and under similar conditions.
10 E-Verify
10.1 The provider and its subcontractors shall comply with Article 2 of Chapter 64 of the North Carolina General
Statutes relating to the required use of the federal E-Verify program to verify the work authorization of new
hired employees, Failure of the provider to comply with this provision or failure of its subcontractors to comply
could render this contract void under North Carolina law. It is the expectation of The Town of Lewisville that
the provider will comply with all applicable federal immigration laws in its hiring and contracting practices
relating to the services covered by this contract involving Town funds.
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TOWN OF LEWISVILLE CONTRACT
2020-2021. Town of Lewisville Beautification Contract— Ecologic
11 Contractor's Proposal:
11.1 Contractor proposes to accomplish all work described in the Scope of Work for a sum not to exceed $63,090.00
(Sixty-three thousand ninety and 00/100 dollars)
11.2 After determination of satisfactory completion of work described in the Scope of Work within in the term as
described in the Scope of the Contract, the Town will pay the contractor a sum not to exceed $63,090.00 (Sixty-
three thousand ninety and 00/100 dollars).
12 Notice:
111 A letter properly addressed and sent by mail, certified mail, or registered mail to any party at the addresses
provided below shall constitute sufficient notice whenever written notice is required for any purpose of this
agreement. Notice will be considered sent either when received at the appropriate address or deposited in the
United States mail.
12.1.1 Address for notices to the Town:
Town of Lewisville
Attention: Town Manager
Post Office Box 547
Lewisville, North Carolina 27023
Telephone: [phone]
12.1.2 Address for notices to Contractor:
BcoLogic/ Jon Hannah
9186 Reynolda Rd
Pfafftown , NC 27040
[phone]
Page 5 of 5
� I � 4U-P, 1� - V/ 7 VL-E,/
Signature e
William H. Perkins Jr. n Manager
Signature
This instrument has been preaudited in the
manner required by the Local Government
Budget and Fiscal Control Act.
Pam Orrell, Finance Officer

TOWN OF LEWIS'V LLE CONTRACT
2020-2021 Town of Lewisville Beautification Contract EcoLogic
11 Contractor's B=sal:
11,1 Contractor proposes to accomplish all work described in the Scope of Work for a sum, not to exceed $63,090.00
(Sixty-three thousand ninety and 00/100 dollars)
11.2 After determination of satisfactory completion of work described in the Scope of Work within in the term as
described in the Scope of the Contract, the Town will pay the contractor a sum not to exceed $63,090.00 (Sixty-
three thousand ninety and 00/100 dollars).
12 Notice:
12,1 A letter properly addressed and sent by mail, certified mail, or registered mail to any party at the addresses
provided below shall constitute sufficient notice whenever written notice is required for any purpose of this
agreement. Notice will be considered sent either when received at the appropriate address or deposited in the
United States mail,
12,1.1 Address for notices to the Town.:
Town of Lewisville
Attention: Town Manager
Post Office Box 547
Lewisville, North Carolina 27023
Telephone: [phone]
12.1.2 Address for notices to Contractor:
EcoLogic/ ,Eon Hannah
9186 Reynolds Rd
Pfaflicwu , NC 27040
[phone]
Page 5 of 5
YJ V
Signature
William H, Perkins Jr., k96 Manager
r3/2._o
This instrument has been preaudited in the
manner required by the Local Government
Budget and Fiscal Control Act,
Pam Orrell, Finance Officer

EcoLogic CAX'
9186 Reynolda Road
Pfafftown, NC 27040
JonCaThink-EcoLogic. com
336.403.3121
February 27, 2020
Thank you very much for the opportunity to provide this proposal for the landscape maintenance
needs in the Town of Lewisville, Municipal work is a passion of ours and we are excited to hopefully
have an opportunity to contribute to public beautification on a greater scale in Lewisville.
The following pricing reflects our intent to bring the Ecologic approach to the Lewisville
landscape. We pride ourselves on a greater depth of subject knowledge, a higher level of professionalism,
and a long history of work in public spaces within public budgets. We are arborists and horticulturists,
and we put environmental responsibility first in everything we do. We do this work because we love it,
and we think that is evident in our product. We also believe that the municipality can set the standard for
the citizenry, in that management of the public spaces can set the example for management of private
spaces. Some local governments are doing exactly the opposite, setting poor standards and using
regrettable practices as examples to the public,
While the needs addressed in this document reflect those conveyed by town staff, it must be
discussed that the prices and practices proposed in this submittal do not represent an "apples to apples"
comparison to the work as it has been performed in the recent past. These numbers represent the
horticultural needs as the truly are. Trees, especially along streets and in parks, need routine pruning and
structural maintenance just like any other plant. Lights, signs, and walkways need regular clearance for
the safety of users and residents. Many plants have differing standards of care and a one -size -fits -all
approach is not usually the best practice. Unfortunately, most ornamental plantings also have a useful life,
beyond which certain maintenance practices are literally a waste of time and effort. Once an ornamental
plant is no longer ornamental, it's best to remove it and consider replacement. Public plantings are public
investments just like any other infrastructure and EcoLogic can help protect and develop those
investments with knowledgeable, conscientious care.
All pine straw supplied will be premium Carolina #1 longleaf pine. All mulch will be double -
ground, aged pine bark from Riverside Farm and Garden unless otherwise specified.
All EcoLogic employees working on Town of Lewisville property will be in uniform and capable
of clear communication with town staff and members of the public. Any employee applying chemicals
will be a certified pesticide applicator.

9186 Reynolda Road
PfafBown, NC 27040
Jong Think-EwLogi c. cam
336,403.3121
February 27, 2020
Shallowford Square Park and Wagon Museum
Pruning —
Barberry hedge along tall brick walls (— 28) man hours per year, allow to grow through fence and
drape over wall. Remove weedy shrubs/vines growing within
Bathrooms/play area/wagon museum (— 28) man hours per year
Trees -- (85) clearance pruning and structural improvement, requiring roughly'/2 hour per year
each, Focus first on correcting long -developing structural defects.
- Weeding —
Keep all beds weed free to greatest extent possible, hand -pull or use Glyphosate
(-18) man hours per year
- Annual planting —
Clock tower -- (— 8) hours per year, spring and fall annuals, soil amendment and fertilizer, regular
weeding and care
(consider removal of hollies around base for expansion/improvement of annual bed)
- Fertilization —
(200 lbs.) 5-3-0 PAN-P applied once per year in spring
- Pine straw —
(— 300) bales, applied twice per year in fall and spring
Additional applications up to (120) bales per year included
Shallowford Road Street Trees (59 trees)
- Pruning —
One pruning visit per year, per tree, (— '/z ) hour per tree
Periodic visits as needed to maintain clearance and clean trunks
Brush removal

I
Jack Warren Park
Eco'Logic E:,nvironrnental Landscapes, LLB,"
9186 Reynolda Road
Pfaffltown, NC 27040
Jon@Think-Eco 1, ogic. com
336.403.3121
February 27, 2020
Pruning —
North and South buffer beds — (— 40) man hours per year
Bathroom and Pavilion — (— 16) man hours per year, reduce size by half - shrubs in front of
bathroom facility
Deodar Cedar bed west of playground (— 12) man hours per year
Trees — (120) - clearance pruning and structural improvement, requiring roughly '/2 hour per year
each, with special attention to structural correction in pavilion oaks and thinning of crepe myrtles
to relieve overcrowded stems
Continued special care per specs of LBC Perennial Garden
Weeding —
(— 140) man hours per year
Keep all beds weed free to greatest extent possible, hand -pull or use Glyphosate
Continue current work to control weeds in juniper beds, add large juniper bed at front ballfield
Maintain and improve new ornamental bed at "horseshoe"
Continue organic management per specs of.LBC Perennial Garden and rose beds
Implement kudzu mitigation plan as currently being discussed with town staff
- Annual planting —
Bathroom facility bed twice per year
Summer annuals (2 flats) interplanted in perennial garden
- Fertilization —
(— 300 lbs.) 5-3-0- PAN-P once per year in spring
Pine straw —
(— 950) bales applied twice per year in fall and spring

Fcof,oglc Environmental Landscapes, LLC
91.86 Reynolda Road
Pfafftown, NC 27040
[e-mail] n
336,403,3121
February 27, 2020
Town Hall (including Libraryslands)
- Pruning —
(N 42) man hours per year
Hedges and foundation plantings all the way around, gradual removal/thinning of overgrown or
over -mature plants
Crepe Myrtles in back
Maple trees and OL Laurels in island, (consider gradually removing Laurels)
- Weeding -
Keep all beds weed free to greatest extent possible, hand -pull or use Glyphosate
- Annual planting —
Beds at corner and at main sign, planted twice per year
(Consider some shrub removal around main sign to expand/highlight annual bed)
- Pine straw —
(— 75) bales applied twice per year, in conjunction with Shallowford Square Park
Community Center
Pruning —
(— 20) man hours per year
Foundation shearing approximately twice per year, adjust some management such as large
Loropetalums
Pruning on back bank as needed
Annual planting —
(N 14) man hours per year
Large front planter, planted twice per year, watered as needed
Soil amendment as needed
Pine Straw
(— 50) bales, applied twice per year
Consider creating mulch beds under two Willow Oaks to keep mower traffic out of critical root
zone

Ecologic Environmental Landscapes, i. LC
9186 Reynolda Road
PfafBown, NC 27040
[e-mail]
336,403,3121.
February 27, 2020
Town Hall Annex
- Pruning —
(� 12) man hours per year around foundation
(� 12) man hours per year along back parking lot
(7) trees, '/z hour per year
(Consider thinning/removing overcrowded and aged -out foundation plants)
- Annual planting
At sign, planting in spring and fall
- Mulch —
Pine straw, (— 30) bales applied twice per year
(— 15) cubic yards aged pine mulch applied in winter
Welcome Signs (Kaplan and Exxon)
- Prune/weed as necessary, approximately twice per year
- Annuals — planting at Exxon twice per year
- Pine straw — (— 8) bales applied twice per year
421 Traffic Circles
- Prune as necessary to maintain desired appearance and safe sight lines
- Weed as necessary
- (— 4) cubic yards, pine mulch in winter

I
Large Traffic Circle
lEacoLogic Enviro"mental Landscapes, .LLC;
9186 Reynolda Road
Pfafftown, NC 27040
[e-mail]
336,403,3121
February 27, 2020
- Pruning --
Main cleanup/cutback over winter
- Weeding --
Periodic hand -weeding and spraying as needed over season to maintain desired appearance
- Mulch --
(— 25) cubic yards, aged pine mulch applied in winter
- Planting —
Replace Muhly grass / daylilies as .needed, bill separately
Shallowford Road retaining walls and sidewalk beds
- Pruning —
(— 18) man hours per year, to keep appearance, safety clearance, and sightlines
- Weeding —
Spraying as needed to maintain desired appearance
- Mulch —
(— 55) bales applied once per year
Touch up brick chips as needed
(Consider gradually replacing with Yadkin River pebbles)
Retaining Wall (adjacent to Smitherman's)
- Pruning --
(— 24) man hours per year, shear ivy, keep from climbing fence, shear other shrubs
- Mulch --
(— 7) cubic yards, pine mulch applied in winter

Eeol.,o is Flnvi.ronancntal Landscapes, LLC;
9186 Reynolda Road
Pfafftown, NC 27040
Jon@Think-pcoLogic xom
336,403,3121
w May 27, 2020
Jennings Road Bed
- Pruning —
(— 18) man hours per year, to keep appearance, safety clearance, and sightlines
Weeding —
Spraying as needed to maintain desired appearance
Mulch —
(— 15) bales applied once per year

I
EcoLogic. Enrlironme tnl Landscapes, LL1C,
9186 Reynolda Read
Pfafftown, NC 27040
Jon @Think-EcoLogic. com
336.403.3121
February 27, 2020
Town of Lewisville Landscape Maintenance Cost Breakdown
Pine Straw — $ 3 0, 000
(3000) bales @ $10 per bale, spread (labor included for this item)
Mulch — $ 2,040
(51) cubic yards, aged pine @ $40 per yard
Annuals - $ 600
Additional materials - $ 450
(herbicides, fertilizer, soil amendments, etc.)
Labor — $ 30,000
(750) total man hours @ $40 per hour
Annual contract amount - $ 63,090
Monthly installment - $ 5,257.50
* This amount includes all work currently being performed by EcoLogic within the Town of Lewisville
and would preempt any existing contracts.