R2019-200 2019-08-12RESOLUTION NO. R2019-200
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation; and
awarding competitive sealed proposals for Phases II and III of the SH 288
Corridor Master Improvement Plan to Landscape Art, Inc., in the amount of
$1,045,492.40 (Phase II) and $647,064.14 (Phase III).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement Agreement by and between the City of Pearland
and the Pearland Economic Development Corporation, a copy of which is attached hereto as Exhibit
"A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Council hereby awards the competitive sealed proposals to
Landscape Art, Inc., in the estimated amount reflected in Exhibit "B" and Exhibit "C" attached hereto.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Reimbursement Agreement and Competitive Sealed Proposals, for
the construction of the SH 288 Corridor Master Improvement Plan.
PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019.
`\``►►\ IRS' IA,,�'''
�_
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
City of Pearland
3519 Liberty Drive
_ Pearland, TX 77581
General Services Contract
Resolution No.
R2019-200
This Contract (Contract) is made between the City of Pearland, Texas (City), and Landscape
Art, Inc. (Contractor). The City and Contractor agree to the terms and conditions of this Contract,
which consists of the following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
I1. Signatures.
Landscape Art, Inc.
2303 Dickinson Avenue
League City. TX 77573
Contractor will provide plant procurement services, for the City of
Pearland, as needed, per the specifications of RFP for Bid number
0619-47, R2019-200
Unit Price Contract, Estimated Amount of $1,045,492.40
August 12, 2019
December 31, 2021
Renewal options per RFP #0619-47.
By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
B
rcl1asing Manager
*Sig�rt'ed by: —11
Date:
ity Manager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
INV
Date
CONT; C OR:
//A,
Title: Vice President
Date: 8/12/2019
Superintendent/Manager -$5,999 or less
Director - $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
i
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided within RFP #0619-47. The City shall pay Contractor for the Services in accordance
with the terms of this Contract, but all payments to be made by the City to Contractor,
including the time of payment and the payment of interest on overdue amounts, are subject
to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract
as provided in this paragraph if the other party fails to comply with its terms. The
party alleging the default will give the other party notice of the default in writing citing
the terms of the Contract that have been breached and what action the defaulting
party must take to cure the default. If the party in default fails to cure the default as
specified in the notice, the party giving the notice of default may terminate this
Contract by written notice to the other party, specifying the date of termination.
Termination of this Contract under this paragraph does not affect the right of either
party to seek remedies for breach of the Contract as allowed by law, including any
damages or costs suffered by either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required
Contract payment for that successive fiscal year and there are no funds from the City's
sale of debt instruments to make the required payment, then this Contract
automatically terminates at the beginning of the first day of the City's successive fiscal
year of the Contract for which the City has not appropriated funds or otherwise
provided for funds to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual
or compensatory damages, loss, or costs arising from the performance of this Contract or
that provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for
defending against and liable for paying any claim, suit, or judgment for damages, loss, or
costs arising from that party's negligent acts or omissions in the performance of this Contract
2
in accordance with applicable law. This provision does not affect the right of either party to
this Contract who is sued by a third party for acts or omissions arising from this Contract to
bring in the other party to this Contract as a third -party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written
consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations, or contracts, either written
or oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to
supervise, direct, or control the Contractor or Contractor's officers or employees in the
means, methods, or details of the work to be performed by Contractor under this Contract.
The City and Contractor agree that the work performed under this Contract is not inherently
dangerous, that Contractor will perform the work in a workmanlike manner, and that
Contractor will take proper care and precautions to insure the safety of Contractor's officers
and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-
half of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or
be entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract
are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents
that conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1. The contractor's response to RFP #0619-47, and Extended Onsite Holding Letter,
shall be construed as additional contract documents.
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed within RFP #0619-47 as attached
3
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing plant procurement services for the City of
Pearland, as needed, per the specifications of Bid #0619-47. Pricing is as follows per contractor's
response to the same, as listed below:
Bid # 0619-47
Line # Description QTY
UOM
Landscape Art, Inc
Unit
1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
2
2.1
2.2
2.3
2.4
Base Bid
TEXAS RED BUD - 30 GAL.
NATCHEZ CRAPE MYRTLE - 30 GAL.
SOUTHERN MAGNOLIA - 65 GAL.
SOUTHERN MAGNOLIA - 30 GAL.
SOUTHERN MAGNOLIA - 15 GAL.
MEXICAN WHITE OAK - 45 GAL.
MEXICAN WHITE OAK - 30 GAL.
MEXICAN WHITE OAK - 15 GAL.
LIVE OAK - 100 GAL.
BALD CYPRESS - 65 GAL.
CEDAR ELM - 65 GAL.
CEDAR ELM - 30 GAL.
CEDAR ELM - 15 GAL.
CEDAR ELM - 5 GAL.
PINK OLEANDER 'HARDY PINK' - 5 GAL.
WHITE OLEANDER 'WHITE' - 5 GAL.
RED OLEANDER 'HARDY RED' - 5 GAL.
PINK OLEANDER 'HARDY PINK' - 7 GAL.
WHITE OLEANDER WHITE' - 7 GAL.
RED OLEANDER 'HARDY RED' - 7 GAL.
EXTENDED ON -SITE HOLDING - TEXAS RED BUD - 30 GAL.
EXTENDED ON -SITE HOLDING - NATCHEZ CRAPE MYRTLE - 30 GAL,
EXTENDED ON -SITE HOLDING - SOUTHERN MAGNOLIA - 65 GAL.
EXTENDED ON -SITE HOLDING - SOUTHERN MAGNOLIA - 30 GAL.
EXTENDED ON -SITE HOLDING - SOUTHERN MAGNOLIA - 15 GAL.
EXTENDED ON -SITE HOLDING - MEXICAN WHITE OAK - 45 GAL.
EXTENDED ON -SITE HOLDING - MEXICAN WHITE OAK - 30 GAL.
EXTENDED ON -SITE HOLDING - MEXICAN WHITE OAK - 15 GAL.
EXTENDED ON -SITE HOLDING - LIVE OAK - 100 GAL.
EXTENDED ON -SITE HOLDING - BALD CYPRESS - 65 GAL.
EXTENDED ON -SITE HOLDING - CEDAR ELM - 65 GAL.
EXTENDED ON -SITE HOLDING - CEDAR ELM - 30 GAL.
EXTENDED ON -SITE HOLDING - CEDAR ELM - 15 GAL.
EXTENDED ON -SITE HOLDING - CEDAR ELM - 5 GAL.
EXTENDED ON -SITE HOLDING - PINK OLEANDER 'HARDY PINK' - 5 GAL.
EXTENDED ON -SITE HOLDING - WHITE OLEANDER 'WHITE' - 5 GAL.
EXTENDED ON -SITE HOLDING - RED OLEANDER 'HARDY RED' - 5 GAL.
EXTENDED ON -SITE HOLDING - PINK OLEANDER 'HARDY PINK' - 7 GAL.
EXTENDED ON -SITE HOLDING- WHITE OLEANDER WHITE' - 7 GAL.
EXTENDED ON -SITE HOLDING - RED OLEANDER 'HARDY RED' - 7 GAL.,
Alternate Work Items
LIVE OAK - 200 GAL.
EXTENDED ON -SITE HOLDING - LIVE OAK - 200 GAL.
LIVE OAK - 80" MD
EXTENDED ON -SITE HOLDING - LIVE OAK - 80" MD
•
1
271
116
138
359
221
138
398
310
642
153
182
398
354
266
777
777
778
1659
1659
1660
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
642
1
642
1
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
MONTH
EA
MONTH
EA
MONTH
$156.15
$134.15
$392.65
$137.82
$76.66
$222.15
$131.44
$73.37
$609.72
$365.15
$392.65
$129.00
$57.90
$17.55
$11.55
$11.55
$11.55
$20.35
$20.35
$20.35
$1,490.50
$638.00
$759.00
$1,974.50
$1,215.50
$759.00
$2,189.00
$1,705.00
$3,531.00
$841.50
$1,001.00
$2,189.00
$1,947.00
$1,463.00
$1,709.40
$1,709.40
$1,709.40
$3, 649.80
$3, 649.80
$3, 649.80
$1,342.00
$3,531.00
$818.60
$3,531.00
LANDscAPE Aiut
July 30, 2019
Brandon Whittaker
Clark Condon Associates
10401 Stella Link
Houston, Tx 77025
Brandon,
As per our telephone conversation, Landscape Art wishes to clarify a question on the Bid #0619-
47, Plant Procurement Services for SH288 Master Plan Improvements. The question is about the
Allowance Line Items "Extended On Site Holding".
It is not our intent to use this line item unless the project extends past June of 2021. If the
project is delayed, the process would be as follows.
1) The charge for all trees would be $5.50 per month per tree.
2) The charge for the oleanders would be $2.20 per month per plant.
If you need further clarification, please feel free to call.
We appreciate the opportunity.
Th
i I liams
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
Request for Proposal # 0619-47
City of Pearland
Bid #0619-47
Plant Procurement Services for SH 288 Master Plan Improvements
Proposals shall be received no later than 2:00 p.m., Thursday, June 27, 2019. Proposals received after the
deadline stated herein will not be considered for the award of the contract, and shall be considered void and
unacceptable. At the time stated above, proposals will be publicly unsealed and read in City Hall, 3519 Liberty
Drive, Pearland, TX. Proposers are welcome to attend.
Registered suppliers may obtain bidding forms, specifications and all necessary information from the following
website: https://pearland.ionwave.net. It is the City of Pearland's preference that all response documents be
submitted electronically via the website above. Electronic proposal submittals must be received on or before the
date and time abovefor proposal submittal. Proposals received afterthe proposal request date and time indicated
will not be considered. Respondent should upload required, completed documents as attachments under the
"Response Attachments" tab on website referenced above. Any inquires to the request for proposals should be
emailed to ebids@pearlandtx.gov no later than Thursday, June 20, 2019.
A mandatory pre -proposal conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland,
Texas 77581 at 1:00 p.m. on June 13, 2019. If unable to make travel arrangements to participate in person, a dial
in option is available. Participants must be on line by 12:50 p.m. CST in order to sign in for meeting.
Dial in number: 281-652-1955
Meeting No.: 1790#
Attendee Access Code: 0971#
The City of Pearland is aware and appreciative of the time and effort you expend in preparing and submitting
proposals to the City. Please notify the Purchasing Office in writing of any proposal requirements that are causing
you difficulty in responding to our request for proposal by emailing ebids@pearlandtx.gov. We want to make the
process as convenient as possible so that all responsible proposers can compete for the City's business.
NOTE: Facsimile or email transmittals, or paper/hard copy proposals shall not be accepted as valid proposals.
1
Request for Proposal # 0619-47
SECTION I —GENERAL SPECIFICATIONS
1.0 INTENTION OF SPECIFICATIONS
The City of Pearland is accepting proposals from Contractors, Growers or Nurseries for plant
procurement services related to implementing the SH 288 Master Improvement Plan in full
accordance with the specifications, terms and conditions contained in this request for proposal.
It is the intent of the City to award the contract to a single Contractor, Grower or Nursery;
however, the City of Pearland reserves the right to accept or reject any and all proposals, to accept
any proposal deemed advantageous and to waive irregularity in the proposals, and to award to
multiple Contractors, Growers or Nurseries if deemed to be in the best interest of the City. By
responding to the request, the proposer acknowledges and will adhere to all specifications as stated
within this packet.
NO PERSON has the authority to verbally alter these specifications. Any changes to specifications
will be posted on the City of Pearland's E-bidding website via addendum.
2.0 TERM OF CONTRACT
Contract term shall be 30 months from date of award. Upon completion of the term of the original
contract, and upon the mutual agreement of both parties, the contract will be deemed complete.
The unit prices of all items purchased under this contract are firm for the period of this contract.
3.0 PROPOSAL PREPARATION
3.1 GENERAL INSTRUCTIONS: Proposers should carefully examine all terms, conditions,
specifications and related documents. Should a proposer find discrepancies in or omissions
from the specifications or related documents, or should there be doubt as to their meaning,
the City of Pearland Purchasing Office should be notified immediately for clarification prior
to submitting the proposal. In the event of any conflict of interpretation of any part of this
overall document, the City of Pearland's interpretation shall govern.
3.2 DOCUMENTATION: Proposer shall provide with this proposal response all documentation
required herein; failure to provide this information may result in rejection of proposal.
All Proposals must be submitted on the City's official E-bid System. The Offeror shall
propose for all Alternates, if any. Incomplete Proposals may be cause for rejection.
3.3 DESCRIPTIONS: It is the intent of the City of Pearland to be descriptive, not restrictive, and to
establish a desired quality level of service or to meet a pre -established standard of quality.
Proposers should respond to listed items. The City of Pearland shall act as a sole judge in
determining quality and acceptability of services offered.
3.4 REFERENCES: City of Pearland requests proposer to supply, with this proposal, a list of
three (3) references where your firm has supplied like products or services. Include name
of firm, address, telephone number, e-mail address, contact name, and description of
service/project (see Attachments tab).
2
Request for Proposal # 0619-47
3.5 PRICING: Proposers are instructed to bid the unit cost, hourly rate and/or percent mark-up on
the item(s) specified. Prices for all goods and/or services shall be firm for a minimum of 90
days beyond the bid opening date to allow ample time for City Council approval of the
purchase. Prices shall be all inclusive. No price changes, additions or subsequent
qualifications will be honored after the bid opening. Additional charges not shown on the
bid will not be honored. All prices must be in ink. Proposers should refer to Section II —
Technical Specifications, for further information on pricing criteria.
3.6 SALES TAX: City of Pearland is exempt by law from payment of Texas Sales Tax and Federal
Excise Tax, and will provide its tax exemption certificate to awarded proposer. Do not include
tax in proposal.
3.7 ADDENDA: Any interpretations, corrections or changes to this request for proposals and
specifications will be made by addenda. Sole issuing authority of addenda shall be vested in
the City of Pearland Purchasing Office. Addenda will be provided via City e-bidding system,
located at https://pearland.ionwave.net. Proposers shall acknowledge receipt of all
addenda in the appropriate section of the bid sheet. It is the responsibility of any proposer
to avail themselves to any addenda prior to bid closing.
4.0 RECEIPT OF PROPOSALS
4.1 LATE PROPOSALS: Proposals will not be allowed after the submission deadline, and will be
considered void and unacceptable. City of Pearland is not responsible for lateness or non-
delivery. The date/time submitted inthee-bid system for electronicsubmittals shall be the
official time of receipt.
4.2 ALTERING PROPOSALS: Proposals cannot be altered or amended after submission
deadline.
4.3 WITHDRAWAL OF PROPOSALS: Any proposal may be withdrawn prior to the scheduling
time for opening via the e-bid system. Any proposal withdrawal notice received after the
deadline for receiving proposals shall not be considered.
4.4 EXCEPTIONS: Proposer must list on a separate sheet of paper any exceptions to the
conditions for the proposal. Label this sheet, "Exceptions to Proposal Conditions", and
include with attachments to the proposal. If no exceptions are stated, it will be
understood that all general and specific conditions will be complied with, without
exception.
4.5 AWARD: Criteria for award of the contract shall include the following. These factors, among
others identified herein, will be used to evaluate your capability as a Contractor, Grower or
Nursery and in selecting the proposal that provides the best value for the City.
4.5.1 Price;
4.5.2 Reputation of the Proposer and of the Proposer's goods or services;
4.5.3 Quality of the Proposer's goods or services;
4.5.4 Extent to which the goods or services meet the City's needs;
4.5.5 Proposer's past relationship with theCity;
4.5.6 The impact on the ability of the City to comply with laws and rules relating to
3
Request for Proposal # 0619-47
contracting with historically underutilized businesses (HUB) and non-profit
organizations employing persons with disabilities;
4.5.7 Total long-term cost to the City to acquire the Proposer's goods or services;
4.5.8 Any relevant criteria specifically listed in the request for proposals.
4.6 Each Proposer by submitting a proposal agrees that if their proposal is accepted by City
Council, such Proposer will furnish all items and services upon which prices have been
tendered and upon the terms and conditions in the proposal/contract.
4.7 The awarded Proposer shall not commence work under these terms and conditions of the
contract until all applicable Certificates of Insurance, Performance and Payment Bonds
and Irrevocable Letters of Credit (if required) have been approved by the City of Pearland
and he/she has received notice to proceed in writing and an executed copy of the contract
and purchase/work order from the City of Pearland.
4.8 Owner reserves the right to reject any and all Proposals, to waive any and all informalities
not involving price, time or changes in the Work and to negotiate contract terms with the
Successful Offeror. Owner may reject a bid as non -responsive if:
4.8.1 Offeror improperly or illegibly completes or fails to complete all information
required by the Proposal Documents;
4.8.2 Offeror qualifies its Proposal;
4.8.3 Offeror tardily or otherwise improperly submits its Proposal;
4.8.4 Offeror fails to submit the requested information from the technical specifications;
or
4.8.5 The Proposal is otherwise non -responsive.
5.0 TERMS AND CONDITIONS
5.1 PROPOSALS MUST COMPLY with all state, county and local laws concerning this type of
good or service.
5.2 REMEDIES: The awarded proposer and City of Pearland agree that both parties have all
rights, duties and remedies available as stated in the Uniform Commercial Code.
5.3 OBLIGATION OF FUNDING: Funds for payment have been provided through the City of
Pearland budget approved by the City Council for this fiscal year only. State of Texas
statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for
which a budget has been approved. Therefore, anticipated orders or other obligations
that may arise past the end of the current City of Pearland fiscal year shall be subject to
budget approval by City Council. The City's fiscal year is October 1 through September 30.
5.4 APPROPRIATION OF FUNDS: The City of Pearland has established an appropriation
(allocation) of funds for this as needed service, if in the event the appropriated (allocated)
funds are exhausted, the Contractor's only remedy shall be suspension or termination of
its performance under the contract and shall have no other remedy in law or in equity
against the City and no right to damages of any kind. The City may reduce the funds
allocated and the services required at its discretion. The City shall notify Contractor in
writing of any reduction. The de -obligation of funds does not require any formal
amendment but shall be evidenced by a revised budget approved by City Council.
4
Request for Proposal # 0619-47
5.5 CONFLICT OF INTEREST: No public official shall have interest in this contract accept in
accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5,
Subtitle C, Chapter 171. A Conflict of Interest form must be completed and turned in with
proposal (located in the Attachments tab).
5.6 ETHICS: The proposer shall not offer or accept gifts or anything of value or enter into any
business arrangement with any employee, official or agent of City of Pearland. More than
one proposal on any one contract from a firm or individual under different names shall be
grounds for rejection of all proposals in which the firm or individual has an interest. One
or all proposals will be rejected if there is any reason to believe that collusion exists
between proposers.
5.7 City may, at any time, request a meeting to discuss performance, service, etc.
5.8 Proposer shall not subcontract any tasks associated with this contract without prior
written consent of the City. If the awarded proposer has approval to subcontract any part
of the work required under this contract, a copy of any such subcontract must be provided
to the City.
5.9 Proposers must make every effort to comply with Chapter 176 of the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information
concerning persons doing business or seeking to do business with the City of Pearland,
including affiliations of business and financial relationships such persons may have with
City of Pearland officers. By doing business or seeking to do business with the City of
Pearland, including submitting a response to this Request for Proposal, you acknowledge
that you have been notified of the requirements of Chapter 176 of the Texas Local
Government Code and you are representing that you are in compliance with them.
5.10 A contract will not be awarded to any party that has been debarred, suspended, excluded
or ineligible for participation in federal assistance programs.
5.11 In the event an awarded Contractor, Grower or Nursery becomes debarred, suspended,
excluded or ineligible for participation in federal assistance programs after award of
contract, the awarded contract may be cancelled without notice.
5.12 RISK: The work under this contract in every respect shall be at the risk of the Contractor,
Grower or Nursery until finished and accepted.
5.13 EXECUTION, CORRECTION AND INTENT: The intent of the contract documents, and
specifications is to describe the complete work to be performed under such contract.
Unless otherwise provided, it is also the intent of the specifications and contract
documents that the Contractor, Grower or Nursery shall furnish all materials, supplies,
tools, equipment, machinery, labor and supervision necessary for the prosecution and
completion of the work in full compliance with the proposal request, specifications and
other documents.
5.14 CODE REQUIREMENTS: The rules and regulations, ordinances and laws governing the
work and/or equipment shall be in accordance with all regulations and codes of the
Federal, State and Municipal departments having jurisdiction, the National Board of Fire
5
Request for Proposal # 0619-47
Underwriters, Factory Mutual Insurance, Texas Engineering and Fire Prevention Bureau,
and the local utility companies which are in force at the time of the execution of the work.
5.15 PROTECTION: The Contractor, Grower or Nursery shall provide and maintain all protection
required by the governing laws, regulations and ordinances. The Contractor, Grower or
Nursery shall be responsible for any loss or damaged caused by him or his employee(s) to
the property of City of Pearland or to the work or materials installed and make good any
loss, damage, or injury without cost to City of Pearland.
5.16 WORKMEN'S SAFETY: The Contractor, Grower or Nursery shall meet all safety and health
regulations required such as but not limited to, by the Occupational Safety and Health
Administration, Department of Labor and all state regulations dealing with occupational
safety.
5.17 BID SECURITY: Each Proposal must be accompanied by bid security made payable to
Owner in an amount of five percent (5%) of the Offeror's maximum Proposal price, in the
form of a certified check, cashier's check or a Bid Bond ("Bid Security").
Offerors submitting proposals through the E-bid System shall scan and up -load a copy of
their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check) as an attachment
to their electronic bid. Original documents for Bid Security may be requested by the City
from the lowest two Offerors and delivered to the City's Purchasing Officer within 48
business hours of the Bid Opening. Bid Security shall be delivered to: Office of City
Purchasing, Finance Department, 3523 Liberty Drive, Pearland, Texas 77581.
The Bid Security of the Successful Offeror will be retained until such time as Offeror has
executed the General Service Agreement, and furnished the required Performance and
Payment Bonds, whereupon the Bid Security of both offerors will be returned. If the
Successful Offeror fails to execute and deliver the General Service Agreement and furnish
the required performance and payment bonds within ten (10) days after the Notice of
Award, Owner may annul the Notice of Award and shall be entitled to make a claim against
the Bid Security. The Bid Security of other Offerors will be retained until the Contract is
awarded and the Standard Form of Agreement becomes effective, or all bids are rejected,
whereupon Bid Security furnished by all such Offerors will be returned.
5.18 CONTRACT SECURITY: The successful Offeror shall within ten (10) days after award by City
Council furnish the City with a Performance Bond in the full amount of 50% of the awarded
contract amount and Payment Bond in the amount of 50% of the awarded contract
amount, conditioned upon the performance by the Offeror of all undertakings, covenants,
terms, conditions and agreements of the contract documents, and upon the prompt
payment by the successful Offeror to all persons supplying labor and materials in the
prosecution of the work provided by the contract documents.
Such bonds shall be executed by the successful Offeror in a corporate bonding company
licensed to transact such business in the State of Texas.
The expense of the bonds shall be borne by the Offeror.
The performance bond must be in effect for the entire contract period. The performance
bond should provide that in the event of non -renewal, the issuer shall notify the
6
Request for Proposal # 0619-47
contractor (and the City, in turn) in writing a minimum of 60 calendar days prior to the
anniversary of the contract effective date. In the event of such non -renewal, the Offeror
shall provide the City evidence of the new source of surety within fifteen (15) calendar
days after the City's receipt of the non -renewal notice. Failure to maintain the required
surety in force may be cause for contract termination.
If at any time a surety on any such bond is declared bankrupt or loses its right to do
business in the state in which the work is to be performed, Offeror shall within ten (10)
days after notice from the City to do so, substitute an acceptable bond (or bonds) in such
form and sum and signed by such other surety or sureties as may be satisfactory to the
City. The premiums on such bond shall be paid by the Offeror. No further payments shall
be deemed due nor shall be made until the new surety or sureties have furnished an
acceptable bond to the City.
6.0 QUALITY CONTROL
Goods supplied under this contract shall be subject to approval as to quality and must conform to
the highest standards of practice. Items found defective or not meeting specifications shall be
replaced at the Contractor, Growers or Nursery's expense within a reasonable period of time
under conditions outlined within the attached specifications. Payment for defective goods or
goods failing to meet specifications is not due until 30 days after satisfactory replacement has
been made.
7.0 WARRANTY
Awarded proposer shall warrant that all items or services shall conform to the proposed
specifications and all warranties as stated in the Uniform Commercial Code and be free from all
defects in material, workmanship and title.
8.0 INDEMNIFICATION
The proposer shall indemnify, defend, and hold the City, its officers, agents, and employees,
harmless from any claim, loss, damage, suit, and liability of every kind, including all expenses of
litigation, court costs, and attorneys' fees, for injury to or death of any person, or for damage to any
property, arising from or caused by any act or omission of proposer, its officers, employees,
agents, or subcontractors, in performing its obligations under this contract.
9.0 PATENTS / COPYRIGHTS
The awarded proposer agrees to protect City of Pearland from claims involving infringements of
patents and/or copyrights.
10.0 PURCHASE ORDER
The City shall generate a Purchase Order to the successful proposer. The City will only be
obligated for the dollar amount shown on the Purchase Order. Thepurchaseorder
number must appear on all invoices, packing lists and all related correspondence. The City will not
be responsible for any orders placed and/or delivered without a valid Purchase Order number.
11.0 REPORTING
7
Request for Proposal # 0619-47
Awarded proposer may be requested to provide complete and accurate reports per the Technical
Specifications.
12.0 INTERLOCAL PARTICIPATION
12.1 The City may, from time to time, enter into Inter -local Cooperative Purchasing
Agreements with other governmental entities (hereafter collectively referred to as
"Entity" or "Entities") to enhance the City's purchasing power. At the City's sole discretion
and option, City may inform other Entities that they may acquire items listed in this
proposal request. Such acquisition(s) shall be at the prices stated herein, and shall be
subject to proposer's acceptance.
12.2 In no event shall City be considered a dealer, re -marketer, agent or other representative of awarded
proposer or Entity. Further, City shall not be considered and is not an agent; partner or
representative of the Entity making purchases hereunder, and shall not be obligated or liable for
any such order.
12.3 Entity purchase orders shall be submitted to awarded proposer by the Entity.
12.4 Awarded proposer authorizes City's use of proposer's name, trademarks and proposer provided
materials in City's presentations and promotions regarding the availability of use of this contract.
The City makes no representation or guarantee as to any minimum amount being purchased by City
or Entities, or whether Entity will purchase utilizing City's contract.
12.5 City will not be liable or responsible for any obligations, including but not limited to payment, and
for any item ordered by an Entity other than City.
13.0 EVALUATION
13.1 BEST VALUE: The Contract is to be awarded based on provision of "Best Value" to the
Owner. Within 90 days after receiving the Proposals, the Owner will consider and rank
each proposal and select the Proposal that offers the best value to the Owner using the
following criteria:
1. The Offeror's cost proposal;
2. The Offeror's demonstrated administrative ability and financial resources to
perform the work;
3. The qualifications and experience of the project team the Offeror firm proposes
to manage the project;
4. The Offeror's demonstrated experience in constructing similar projects;
5. The Offeror's demonstrated ability to suitably schedule the project and to meet
the required schedule;
6. The Offeror's past performance on other construction contracts for the City;
7. The Offeror's safety record supported by accurate and verifiable data;
8. The methodologies for the Offeror's quality assurance program;
9. The Offeror's ability to start and complete construction of the project in a timely
manner; and
10. All other relevant criteria specifically listed in the Proposal Documents.
8
Request for Proposal # 0619-47
13.2 Within 90 days after the date of opening the proposals, the Owner will evaluate and rank
each proposal with respect to the selection criteria contained in this Competitive Sealed
Proposal document. After opening and ranking, an award may be made on the basis of
the proposals initially submitted, without discussion, clarification or modification, or, the
Owner may discuss with the selected responder, offers for cost reduction and other
elements of the responder's proposal. If the Owner determines that it is unable to reach
a contract satisfactory to the Owner with the selected responder, then the Owner will
terminate discussions with the selected responder and proceed to the next responder in
order of selection ranking until a contract is reached or the Owner has rejected all
proposals.
13.3 Owner may conduct such investigations as Owner deems necessary to assist in the
evaluation of any Proposal and to establish the responsibility, qualifications and financial
ability of Offerors, proposed Subcontractors, suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents, to Owner's satisfaction, within the Contract Time.
13.4 A contract to be awarded to the Offeror providing the Best Value may be let on either a
lump sum basis or a unit cost basis dependent on the Proposal format.
13.5 Compliance with proposal requirements, qualifications, competitive pricing, delivery, and
the needs of the end user department are all factors which will be considered when
evaluating proposals.
14.0 PROPOSAL ACCEPTANCE
The City of Pearland reserves the right to accept or reject any and all proposals, to accept any
proposal deemed advantageous, and to waive irregularity in the proposals. By submitting a
proposal, the proposer acknowledges and will adhere to all specifications as stated within this
packet.
15.0 INSURANCE REQUIREMENTS
Specific insurance provisions will be included in proposal specifications. An original, certified copy
of an insurance certificate must be submitted within ten (10) days of request. The awarded
proposer will be required to maintain, at all times during performance of the contract, the
insurance detailed on the "Insurance Requirements" form, which is attached under the
"Attachments" tab in our e-bidding system, located at https://pearland.ionwave.net. Failure to
provide this document may result in disqualification of the proposal.
Insurance required of the awarded Proposer, or any other insurance of the Proposer shall be
considered primary, and list the City of Pearland as an additional insured with wavier of
subrogation.
16.0 EQUAL OPPORTUNITY EMPLOYER
The awarded proposer shall warrant and agree that he/she is an Equal Opportunity Employer.
Should complaints of any form of discrimination, either in dispensation of the service, or within
company hiring policies be substantiated, this contract may be terminated immediately.
9
Request for Proposal # 0619-47
17.0 WORKERS COMPENSATION
The successful Proposer (as required by State of Texas Workers Compensations law) shall carry in full
force workers compensation policy(ies) for all employees, including but not limited to full-time, part-
time, and emergency employees employed by the successful Proposer. Current insurance certificates,
certifying that such policies as specified above are in full force, shall be presented to the City of
Pearland by the successful Proposer.
By entering into this contract or providing or causing to be provided a certificate of coverage, the
successful Proposer is representing to the governmental entity that all employees of the Proposer who
will provide services will be covered by workers' compensation coverage for the duration of the
contract, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self - insured, with the commission's division of self-insurance regulation. Providing false
or misleading information may subject the successful Proposer to administrative penalties, criminal
penalties, or other civil actions.
The Proposers failure to comply with any of these provisions is a breach of contract by the Proposer
which entitles the governmental entity to declare the contract void if the Contractor, Grower or Nursery
does not remedy the breach within ten days after receipt of notice of breach from the governmental
entity.
18.0 WAGE RATES
In conformance with applicable statutes, the general prevailing wage rates determined by the United
States Department of Labor in accordance with the Davis -Bacon Act, in the locality in which the work is
to be performed have been asserted and such rates shall be the minimum paid for labor employed on
this project.
19.0 CONDITIONS FORTERMINATION
The City, besides all other rights or remedies it may have, shall have the right to terminate this
agreement immediately upon written notice from the City Manager or his designee of its election to do so, if
the awarded proposer fails to perform the service or breaches this agreement in any way, including the
following:
19.1 By failing to pay insurance, liens, claims, or other charges.
19.2 By failing to pay any payments due the City, State or Federal Government from the awarded
proposer or its principals, including, but not limited to payments identified in this agreement or any
taxes, fees, assessments, or liens.
19.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the awarded
proposer or upon dissolution of the firm or business.
19.4 By violation of any provision of the agreement.
19.5 By failing to respond and/or deliver within the prescribed time, including weekends and holidays.
10
Request for Proposal # 0619-47
19.6 By failing to make adequate arrangements for an emergency call.
19.7 By providing substandard product or mechanical services work, or work the City deems to be
otherwise unacceptable.
19.8 Additionally, the City reserves the right to terminate the contract without cause upon written
notice 30 days prior to the date of termination.
20.0 INVOICES
20.1 Awarded proposer shall submit original invoices to notate and match each service/work
provided per Technical Specifications.
20.2 Invoices must be itemized, and include a service/work description with reports attached to the
invoice.
20.3 Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect,
will be returned for correction and will not be paid until corrected invoice is received.
20.4 Payment basis shall be net thirty (30) days from receipt of invoice.
20.5 All invoices must reference the purchase order, and employee name ofrequestor.
20.6 Awarded Contractor, Grower or Nursery will invoice for services as provided in the
Technical Specifications. Inspections will be conducted by City staff and/or Landscape
Architect for verification.
20.7 Invoices may be submitted via email to accountspayable@pearlandtx.govormailed to:
City of Pearland
Purchasing Division
Accounts Payable
P.O. Box 2719
Pearland, TX 77588
21.0 ASSIGNMENT
The awarded proposer may not assign, sell or otherwise transfer this contract without prior
written consent of the City of Pearland.
22.0 NEW MERCHANDISE/PRODUCT
Any product furnished as a result of this proposal must be new. The City will neither purchase nor
accepts proposals or shipments of goods classified as seconds, irregulars or any other designation
other than new.
23.0 ADDITIONAL WORK ITEMS
The City may require additional work items of similar nature not specifically listed in the contract.
In such event, the proposer shall provide the City with a price for the new request based upon a
11
Request for Proposal # 0619-47
procedure or formula, which is the same or very similar to that used in establishing the prices as
contained in the awarded proposers list. If the proposed work, and price are acceptable, the work
will be added via change order. If the price offered is not acceptable to the City, and the matter
cannot be resolved to the satisfaction of the City, the City reserves the right to procure the work
from other proposers or to cancel the contract upon giving thirty (30) days written notice to the
proposer.
24.0 ORDERING —TASK ORDERS/WORK ORDERS
During the contract term, work/task orders will be placed on an as needed, as required basis.
Awarded proposer agrees to full said service requested/ordered by the City, with no minimum
requirements. Please note that it is the intent of the City to consolidate needs whenever
possible/feasible.
25.0 ESTIMATED PURCHASES
Quantities indicated in the "Quantities" section of the Bid Line Items are estimates. No warranty is
given as to the actual dollar amount that will be purchased during the term of any resulting contract.
It is understood and agreed that the basis for payment under this bid shall be the actual amount
of such work done and the material furnished.
26.0 ALTERNATE VENDOR/CONTRACTOR(S)
City of Pearland reserves the right to use other Contractor if any of the following conditions exist:
26.1 The response time is not met;
26.2 The quality of work is unacceptable;
26.3 The number of hours estimated/being charged or other cost is considered excessive;
26.4 The number of technician and/or laborer/helper required or sent to perform the work on
a certain project is determined to be either insufficient or excessive;
26.5 Service and/or material is not acceptable (does not meet specifications);
26.6 Service and/or material is not available on the day it is needed, or within specified delivery
requirements;
26.7 Vendor fails to respond to service request, i.e. does not return phone calls.
27.0 INDEPENDENT CONTRACTOR
The parties contend that Contractor, in performing the services specified herein, shall act as an
independent contractor and shall have control of its work and the manner in which it is
performed. It shall be free to contract for similar services to be performed for other employers
while it is under contract with the City. Contractor is not to be considered an agent or employee
of the City and is not entitled to participate in any pension, medical or dental plan, or any other
benefit provided by the City to its employees.
28.0 COMMUNICATION
Prospective Contractors, Growers or Nurseries shall communicate only with the Purchasing
Division staff identified herein during the entire bid process (from this solicitation to award). The
City shall not be responsible for any verbal or non-verbal communication between a potential
12
Request for Proposal # 0619-47
proposer and any other employees of the City; and such action may be cause for rejection of the
subject proposer's proposal. Only written requirements and qualifications, and addenda as issued
by the City of Pearland Purchasing Division will be considered.
29.0 LAW GOVERNING AND VENUE
The law of the State of Texas shall govern this contract and no lawsuit shall be prosecuted on the
Contract except in a court of competent jurisdiction located in Brazoria County, Texas.
30.0 CERTIFICATE OF INTERESTED PARTIES
Effective January 1, 2016, all contracts and contract amendments, extensions or renewals executed
by City Council will require the completion of Form 1295 "Certificate of Interested Parties" pursuant
to Texas Local Government Code Chapter 2252.908. Form must be completed by Contractor,
Grower or Nursery at time of signed contractsubmittal.
All responding Contractors, Growers or Nurseries may access a video from the Texas Ethics
Commission which explains the process on how to submit Form 1295. The video link is available on
the City of Pearland Purchasing Department website at http://pearlandtx.gov/purchasing.
31.0 LODGING
The awarded proposer and firms mobilizing personnel to perform the services described herein
are strongly encouraged to utilize lodging within the City of Pearland when travel is needed. For
information on booking a hotel in Pearland, please refer to: http://visitpearland.com/where-to-stay-
in-pearland/. For further assistance, you may contact the Pearland Convention and Visitors Bureau
at 713-436-5595.
32.0 ADDITIONAL INFORMATION
If any information is needed concerning specifications, please contact:
City of Pearland
Purchasing Division
Julie Blackmore
E-mail: ebids@pearlandtx.gov
13
Request for Proposal # 0619-47
SECTION II —TECHNICAL SPECIFICATIONS
The City of Pearland is accepting bids from responsible and qualified Contractors, Growers or Nurseries
(Offeror) for plant procurement services related to implementing the SH 288 Master Improvement Plan in
full accordance with the specifications, terms and conditions contained in this request for proposal.
The following requirements and specifications shall be in addition to the other requirements contained
herein and shall supersede the other requirements where applicable.
SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the apparent
omission from itofa detailed description concerning any point, shall be regarded as meaning that onlythe best
commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of
this statement.
1.0 GENERAL/REQUIREMENTS
1.1 Work must be performed according to ANSI, HORTUS III, USDA, and EPA standards.
1.2 The City intends to have approximately 12,000 plants (See Exhibit A) delivered to the general
contractor selected to construct various improvements throughout the SH288 corridor
within the City of Pearland per the 288 Master Improvements Plan.
1.2.1 Offeror must be able to procure and deliver quality plant material to the General
Contractor within the specified growing time frame.
1.3 The awarded Offeror is expected to perform all work in a competent and professional
manner. Any damage to a City or Citizens building/facility, either direct or indirect, resulting
from the Offeror, or his employees must be repaired fully and completely at the cost to the
Offeror, including work, materials, and any litigation fees that may be incurred to recover the
cost of such damages not repaired or not repaired in a workmanlike manner.
1.4 Offeror will follow all OSHA, local, state and federal safety policies and codes.
1.5 All standard tools and equipment necessaryto perform specified work shall be provided by the
Offeror at no additional fee.
2.0 SUCCESSFUL OFFEROR RESPONSIBILITIES
2.1 Offeror shall comply fully with these specifications.
2.2 The Offeror's primary business shall be to source, procure, consolidate, contract grow,
maintain, and transport plant material as specified herein. Primary business shall mean that
75% or more of the Offeror's sales are generated by the above mentioned services. Offeror
shall have liability insurance covering the material and services and shall provide proof of
such.
2.3 Offeror must be able to keep accurate records as required in the specifications
14
Request for Proposal # 0619-47
3.0 PRICING/TAXES
3.1 City of Pearland will not pay any additional charges unless specified in bid. These charges may
include, but are not limited to, delivery charges and/or fuel surcharges.
3.2 Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be
honored during the course of the contract.
3.3 If unit pricing and extended pricing differ, unit pricing prevails for evaluation purposes.
3.4 The Contractor will pay all sales, consumer, use and other similar taxes required by the State
of Texas.
4.0 PROPOSAL REQUIREMENTS
4.1 Provide a cover letter (upload to the "Response Attachments" tab):
4.1.1 Introduce the company, include organizational chart indicating the positions and
names of the core management team which will manage and execute this contract,
number of years Offeror firm has been in businesses and include any professional
designations and affiliations, certifications and licenses, etc.;
4.1.2 Experience List: include at least three (3) businesses with whom your company has
completed similar type work within the last year. The City reserves the right to
confirm. Include contact name, phone number, email address and location address;
4.1.3 Describe the experience of the firm in the last thirty-six (36) months in performing
contracts of similar size and scope;
4.1.4 Include samples of documentation provided/maintained to assure compliance with
specified requirements;
4.1.5 Provide Statement of Financial Condition;
4.1.6 Include a narrative description and schedule of the Offeror's plan for accomplishing
the work and services to be provided to the City. Include approach and understanding
of the project and for provision of required documentation;
4.1.7 Describe Offeror's quality assurance and safety programs;
4.1.8 List major suppliers proposed for the contract;
4.1.9 Distinguish the Offeror's duties and responsibilities and those of the City;
4.1.10 Provide bond rating and list all contracts in last years that have gone to claim,
litigation, mediation or arbitration. List outcome of litigation, mediation, or
arbitration.
4.1.11 Provide a proposed schedule for completing the work per the Technical
Specifications.
4.2 Provide letters of authorization as applicable.
4.3 Provide pricing via the Line Items tab in the e-bid system. Include all charges, including
freight, handling, delivery and any other fees in the Line Item pricing. Any additional fees
not called out in the Line Items list must be added via "Add Notes";
4.4 Required documents to be completed and uploaded to "Response Attachments" tab (forms
15
Request for Proposal # 0619-47
located in "Attachments" tab of the e-bid system):
4.4.1 Insurance Requirements;
4.4.2 Local Offeror Preference Claim Form;
4.4.3 Conflict of Interest Questionnaire (note N/A if not applicable);
4.4.4 ContractorQuestionnaire;
4.4.5 Non -collusion statement;
4.4.6 House Bill 89 Verification;
4.4.7 Attributes — on a separate tab in the e-bid system.
4.4.8 Bid Bond
5.0 EVALUATION FACTORS
Compliance with bid requirements and best value are factors which will be considered when
evaluating bids. After receipt of bids, City of Pearland will use the following criteria in the selection
process:
40% Qualifications/past performance/demonstrated capability of Contractor to
perform necessary scope of work (via comparable work);
30% Cost Proposal;
20% Experience List;
10% Compliance to bid requirements.
6.0 TYPE OF CONTRACT
The City contemplates award of a unit price contract resulting from this solicitation. It is a non-
exclusive contract; the City may award additional contracts to additional contractors at its
discretion.
8.0 REQUIRED INFORMATION / DOCUMENTS
All information and completed forms submitted by an Offeror in response to this solicitation shall
become an integral part of the resultant contract.
9.0 APPROVAL OF RESULTANT CONTRACT
The contract, which may result from this solicitation, is subject to approval by Pearland City Council,
and may be neither executed nor binding, until so approved.
10.0 COSTS INCURRED BY OFFEROR
The City will not be responsible, under any circumstances, for any submittal preparation costs or
other costs incurred by any Offeror before the execution of a contract between the City and the
successful Offeror.
16
Pearland SH 288 BW8 to CR 59
Plant Procurement Package
Pearland Economic Development Corporation (PEDC)
EDC No. 161
Clark Condon
TABLE OF CONTENTS
Table of Contents
I. Technical Specifications
A. 012100 — Allowances
B. 012200 — Unit Prices
C. 012300 — Alternates
D. 012500 — Substitution Procedures
E. 329301 — Contract Plant Growing
II. Exhibits
A. Plant Schedule & Notes
B. Construction Project Location
C. Line Item Worksheet
TECHNICAL SPECIFICATIONS & EXHIBITS PROVIDED BY CLARK CONDON
Clark Condon
June 2019
SECTION 012100 - ALLOWANCES
PART 1 - GENERAL
Pearland SH 288 BW8 to CR59
Issue for Bid
1.1 SUMMARY
A. Section includes administrative and procedural requirements governing allowances.
B. Types of allowances include the following:
1. Unit -cost allowances.
C. Related Sections:
1. Division 01 Section "Unit Prices" for procedures for using unit prices.
1.2 SELECTION AND PURCHASE
A. At the earliest practical date after award of the Contract, advise Landscape Architect of the date when final
selection and purchase of each product or system described by an allowance must be completed to avoid
delaying the Work.
B. At Landscape Architect's request, obtain proposals for each allowance for use in making final selections.
Include recommendations that are relevant to performing the Work.
C. Purchase products and systems selected by Landscape Architect from the designated supplier.
1.3 SUBMITTALS
A. Submit proposals for purchase of products or systems included in allowances.
B. Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in
fulfillment of each allowance.
C. Submit time sheets and other documentation to show labor time and cost for installation of allowance
items that include installation as part of the allowance.
D. Coordinate and process submittals for allowance items in same manner as for other portions of the Work.
1.4 COORDINATION
A. Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate
installation.
ALLOWANCES 012100 -1
Clark Condon
June 2019
1.5 UNIT -COST ALLOWANCES
Pearland SH 288 BW8 to CR59
Issue for Bid
A. Allowance shall include cost to Contractor of specific products and materials ordered by Owner or selected
by Landscape Architect under allowance and shall include taxes, freight, and delivery to Project site.
B. Unless otherwise indicated, Contractor's costs for receiving and handling at Project site, labor, overhead
and profit, and similar costs related to products and materials selected by Landscape Architect under
allowance shall be included as part of the Contract Sum and not part of the allowance.
C. Unused Materials: Return unused materials purchased under an allowance to manufacturer or supplier for
credit to Owner, after installation has been completed and accepted.
1. If requested by Landscape Architect, retain and prepare unused material for storage by Owner.
Deliver unused material to Owner's storage space as directed.
1.6 ADJUSTMENT OF ALLOWANCES
A. Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the
difference between purchase amount and the allowance, multiplied by final measurement of work -in -place
where applicable. If applicable, include reasonable allowances for cutting losses, tolerances, mixing
wastes, normal product imperfections, and similar margins.
1. Include procurement, storage and delivery costs in purchase amount only where indicated as part
of the allowance.
2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs
and other margins claimed.
3. Submit substantiation of a change in scope of work, if any, claimed in Change Orders related to
unit -cost allowances.
4. Owner reserves the right to establish the quantity of work -in -place by independent quantity survey,
measure, or count.
B. Submit claims for increased costs because of a change in scope or nature of the allowance described in
the Contract Documents, whether for the purchase order amount or Contractor's handling, labor,
installation, overhead, and profit.
1. Do not include Contractor's or subcontractor's indirect expense in the Change Order cost amount
unless it is clearly shown that the nature or extent of work has changed from what could have been
foreseen from information in the Contract Documents.
2. No change to Contractor's indirect expense is permitted for selection of higher- or lower -priced
materials or systems of the same scope and nature as originally indicated.
ALLOWANCES 012100 - 2
Clark Condon
June 2019
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 EXAMINATION
Pearland SH 288 BW8 to CR59
Issue for Bid
A. Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged
or defective products to manufacturer for replacement.
3.2 PREPARATION
A. Coordinate materials and their installation for each allowance with related materials and installations to
ensure that each allowance item is completely integrated and interfaced with related work.
3.3 SCHEDULE OF ALLOWANCES
A. Allowances: See Bid Form for Schedule of Values.
1. This allowance includes material cost, receiving, handling, and Contractor overhead and profit.
2. Coordinate quantity allowance adjustment with corresponding unit price requirements of
Division 01 Section "Unit Prices."
3. Line Item - Extended On -Site Handling — the cost associated with additional/extended holding of
plant material beyond the delivery date set forth between the General Contractor and the
contractor herein at a monthly cost.
END OF SECTION 012100
ALLOWANCES 012100 - 3
Clark Condon
June 2019
SECTION 012200 - UNIT PRICES
PART 1 - GENERAL
Pearland SH 288 BW8 to CR59
Issue for Bid
1.1 SUMMARY
A. Section includes administrative and procedural requirements for unit prices.
B. Related Section:
1. Division 01 Section "Contract Modification Procedures" for procedures for submitting and handling
Change Orders.
1.2 DEFINITIONS
A. Unit price is a price per unit of measurement for materials, equipment, or services, or a portion of the
Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or
estimated quantities of Work required by the Contract Documents are increased or decreased.
1.3 PROCEDURES
A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable
taxes, overhead, and profit.
B. Measurement and Payment: Refer to individual Specification Sections for work that requires
establishment of unit prices. Methods of measurement and payment for unit prices are specified in those
Sections.
C. Owner reserves the right to reject Contractor's measurement of work -in -place that involves use of
established unit prices and to have this work measured, at Owner's expense, by an independent surveyor
acceptable to Contractor.
D. List of Unit Prices: A schedule of unit prices is included in The Bid Form. Specification Sections
referenced in the schedule contain requirements for materials described under each unit price.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.1 SCHEDULE OF UNIT PRICES
A. Unit Price No. shall be provided within the Bid Form.
1. Unit of Measurement: Plants measured by each and extended holding per month.
UNIT PRICES 012200 -1
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
2. Quantity Allowance: Coordinate unit price with allowance adjustment requirements of Division 01
Section "Allowances."
END OF SECTION 012200
UNIT PRICES 012200 - 2
Clark Condon
June 2019
SECTION 012300 - ALTERNATES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes administrative and procedural requirements for alternates.
1.2 DEFINITIONS
Pearland SH 288 BW8 to CR59
Issue for Bid
A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the
bidding requirements that may be added to or deducted from the base bid amount if the Owner decides to
accept a corresponding change either in the amount of construction to be completed or in the products,
materials, equipment, systems, or installation methods described in the Contract Documents.
1. Alternates described in this Section are part of the Work only if enumerated in the Agreement.
2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to
incorporate alternates into the Work. No other adjustments are made to the Contract Sum.
1.3 PROCEDURES
A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the
alternate into Project.
1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items
incidental to or required for complete procurement, storage, and delivery whether or not indicated
as part of alternate.
B. Execute accepted alternates under the same conditions as other work of the Contract.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 012300
ALTERNATES 012300 - 1
Clark Condon
June 2019
SECTION 012500 - SUBSTITUTION PROCEDURES
PART 1 - GENERAL
1.1 SUMMARY
Pearland SH 288 BW8 to CR59
Issue for Bid
A. Section includes administrative and procedural requirements for substitutions.
1.2 DEFINITIONS
A. Substitutions: Changes in products, materials and equipment from those required by the Contract
Documents and proposed by Contractor.
1. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project
conditions, such as unavailability of product, regulatory changes, or unavailability of required
warranty terms.
2. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in
order to meet other Project requirements but may offer advantage to Contractor or Owner.
1.3 SUBMITTALS
A. Substitution Requests: Submit three copies of each request for consideration. Identify product method to
be replaced. Include Specification information and title and schedule information and titles.
1. Substitution Request Form: Use CSI Form 13.1A, Substitution Request during the bidding phase.
2. Documentation: Show compliance with requirements for substitutions and the following, as
applicable:
a. Statement indicating why specified product cannot be provided, if applicable.
b. Coordination information, including a list of changes or modifications needed to the Work
and to construction performed by Owner and separate contractors, that will be necessary to
accommodate proposed substitution.
c. Detailed comparison of significant qualities of proposed substitution with those of the Work
specified. Include annotated copy of applicable specification section. Significant qualities
may include attributes such as performance, weight, size, durability, visual effect,
sustainable design characteristics, warranties, and specific features and requirements
indicated. Indicate deviations, if any, from the Work specified.
d. Product Data, including descriptions of products and installation procedures.
e. Samples, where applicable or requested.
f. Certificates and qualification data, where applicable or requested.
g. Research reports indicating specified product was researched.
h. Detailed comparison of Contractor's construction schedule using proposed substitution with
products specified for the Work, including effect on the overall Contract Time. If specified
product or method of construction cannot be provided within the Contract Time, include
letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase
order, lack of availability, or delays in delivery.
i. Cost information, including a proposal of change, if any, in the Contract Sum.
SUBSTITUTION PROCEDURES 012500 -1
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
j. Contractor's certification that proposed substitution complies with requirements in the
Contract Documents except as indicated in substitution request, is compatible with related
materials, and is appropriate for applications indicated.
k. Contractor's waiver of rights to additional payment or time that may subsequently become
necessary because of failure of proposed substitution to produce indicated results.
3. Landscape Architect's Action: If necessary, Landscape Architect will request additional information
or documentation for evaluation within seven days of receipt of a request for substitution.
Landscape Architect will notify Contractor of acceptance or rejection of proposed substitution within
15 days of receipt of request, or seven days of receipt of additional information or documentation,
whichever is later.
a. Forms of Acceptance: Change Order, Construction Change Directive, or Landscape
Architect's Supplemental Instructions for minor changes in the Work.
b. Use product specified if Architect does not issue a decision on use of a proposed
substitution within time allocated.
1.4 QUALITY ASSURANCE
A. Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with
related products and materials. Engage qualified testing agency to perform compatibility tests
recommended by manufacturers.
PART2-PRODUCTS
2.1 SUBSTITUTIONS
A. Substitutions for Cause: Submit requests for substitution immediately upon discovery of need for change,
but not later than 15 days prior to time required for preparation and review of related submittals.
1. Conditions: Landscape Architect will consider Contractor's request for substitution when the
following conditions are satisfied.
a. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
b. Requested substitution will not adversely affect Contractor's construction schedule.
c. Requested substitution has received necessary approvals of authorities having jurisdiction.
d. Requested substitution is compatible with other portions of the Work.
e. Requested substitution has been coordinated with other portions of the Work.
f. Requested substitution provides specified warranty.
g. If requested substitution involves more than one contractor, requested substitution has been
coordinated with other portions of the Work, is uniform and consistent, is compatible with
other products, and is acceptable to all contractors involved.
B. Substitutions for Convenience: Landscape Architect will consider requests for substitution if received as
an attachment to the Bid Form for the items the bidder wishes to substitute.
SUBSTITUTION PROCEDURES 012500 - 2
Clark Condon Pearland SH 288 BW8 to CR59
June 2019 Issue for Bid
1 Conditions: Landscape Architect will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution offers Owner a substantial advantage in cost, time, energy
conservation, or other considerations, after deducting additional responsibilities Owner must
assume. Owner's additional responsibilities may include compensation to Landscape
Architect for redesign and evaluation services, increased cost of other construction by
Owner, and similar considerations.
b. Requested substitution does not require extensive revisions to the Contract Documents.
c. Requested substitution is consistent with the Contract Documents and will produce
indicated results.
d. Requested substitution will not adversely affect Contractor's construction schedule.
e. Requested substitution has received necessary approvals of authorities having jurisdiction.
f. Requested substitution is compatible with other portions of the Work.
g. Requested substitution has been coordinated with other portions of the Work.
h. Requested substitution provides specified warranty.
i. If requested substitution involves more than one contractor, requested substitution has been
coordinated with other portions of the Work, is uniform and consistent, is compatible with
other products, and is acceptable to all contractors involved.
PART 3 - EXECUTION (Not Used)
END OF SECTION 012500
SUBSTITUTION PROCEDURES 012500 - 3
Clark Condon
June 2019
SECTION 329301 - CONTRACT PLANT GROWING
PART 1 - GENERAL
1.01 SUMMARY
A.
1.02
A.
B.
C.
D.
Section Includes:
1.
2.
3.
4.
5.
6.
7.
Pearland SH 288 BW8 to CR59
Issue for Bid
Services of a qualified plant sourcing agent and grower (`Contractor') to source, procure,
consolidate, contract grow, maintain, and transport plant material as specified herein.
a. Contractor shall contract with nurseries to grow and maintain plant to be grown out to
specified sizes.
b. Contractor shall be responsible for preparing plants for transport & transporting plants to the
project site at the time of installation.
c. Contractor shall assume full responsibility for the plants throughout the process of sourcing
and advanced growing.
Submission of digital photographs of proposed plants to Landscape Architect for review and
comment prior to tagging trips and scheduled progress photographs of contract grown plant
material.
Providing and updating lists and logs as indicated herein.
Coordination of loading and delivery schedules to coincide with Project Schedule.
Services of Contractor shall continue until all plants have been transported to Project site.
Pearland SH 288 from Beltway 8 to County Road 59 (See Exhibit B) anticipated construction
schedule is from January 2020 through June 2021. Delivery of plant material shall be coordinated
with general contractor. General contractor award of bid is anticipated for January 2019. The
delivery of the plant material shall be distributed throughout May 2020 to June 2021 construction
period. Final delivery shall be determined after the general contractor is awarded the bid.
Contractor is responsible for delivery of trees and shrubs to the site. Plants shall be unloaded by
the general contractor. Any trees damaged during transport shall be replaced. Upon unloading and
inspection, the general contractor is responsible for accepting the trees.
MEASUREMENT AND PAYMENT
Payment for contract plant growing is on a unit price basis for each plant grown as on attached plant list
(Exhibit A).
Contract growing work will include sourcing, procurement, growing, and transporting to the site as specified in
contract documents.
Contractor shall submit a payment schedule based upon the following percentages for payment for the work
herein:
Stage 1 — Plant Procurement and Deposits — 20%
Stage 2 — Plant Storage, Growing, Maintenance and Documentation — 20%
Stage 3 — Plant Shipping and Delivery — 60%
Payment for the work shall be submitted as monthly applications for payment with the required back up as
indicated in the submittals portion of the specification (i.e. photographs, delivery tickets, maintenance reports,
etc).
1.03 REFERENCES
A. ANSI — American National Standards Institute:
CONTRACT PLANT GROWING 329301 - 1
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
1. A300 — Tree, Shrub, and Other Woody Plant Maintenance — Standard Practices
2. Z60.1 — American Standard for Nursery Stock.
3. Z133.1 — Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush — Safety Requirements
B. Hortus III — Hortus Third: A Concise Dictionary of Plants Cultivated in the United States of America and Canada.
C. USDA — United States Department of Agriculture:
1. Soil Texture Triangle Classification
2. Handbook No. 60
3. USDA Hardiness Zone Map
D. EPA — Environmental Protection Agency:
1. Method 8015
2. Method 8020
1.04 DEFINITIONS
A. General: See definitions in ANSI A300 and in ANSI Z60.1, except otherwise defined in this Section.
B. Acceptance, Accepted or Acceptable: Acceptance by the Architect in writing.
C. Arborist: Current International Society of Arboriculture Certification
D. Architect: Landscape Architect employed by Owner.
E. Contractor: Nursery or landscape contractor contracted to perform the work herein.
F. Caliper: Trunk diameter measured at a point 6 inches above the base of the rootball for trees up to 4 inch
diameter, and measured at a point 12 inches above the base of the rootball for trees over 4 inch diameter.
G. Container -Grown Stock: Healthy vigorous, well -rooted plants grown in a container and maintaining a firm ball when
removed from the container. Container shall be rigid enough to hold ball shape and protect root mass during
shipping and be sized according to ANSI Z60.1 for type and size of plant required.
H. Drip Line: Line straight down from outermost limits of tree canopy branching.
I. Finished Grade: Elevation of finished surface of planting soil.
J. Girdling Roots: Roots that encircle the stems/trunks of trees below the soil surface.
K. Overstock: Extra furnished plants to be used as replacement plants.
L. Injury: Any bruising, scarring, tearing, or breaking or roots, branches, or trunk.
M. Pest: Insects, mice and other animals, unwanted plants/weeds, fungi or microorganisms like bacteria and viruses.
CONTRACT PLANT GROWING 329301 - 2
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
N. Pesticide: A substance or mixture intended for preventing, destroying, repelling, or mitigating a pest. This includes
insecticides, miticides, herbicides, fungicides, rodenticides, and molluscicides. It also includes substances or
mixtures intended for use as a plant regulator, defoliant, or dessicant.
0. Replacement Tree/Plant: Tree/plant used as a replacement for dead trees/plants or trees/plants not in vigorous,
thriving condition, as determined by Architect.
P. Rootball Depth: Measured from bottom of trunk flare to the bottom of rootball.
Q. Rootball Width: Measured horizontally across the rootball with an approximately circular form or the least
dimension for non -round rootballs, not necessarily centered on the tree trunk but within tolerance according to ANSI
Z60.1.
R. Root Flare: Also called "trunk flare." The area at the base of the tree's stem or trunk where the stem or trunk
broadens to form roots; the area of transition between the root system and the stem or trunk.
S. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or the top surface of a fill or
backfill before planting soil is placed.
T. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil
organisms.
U. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas,
the surface soil is typically topsoil; but in disturbed areas such as urban environments, the surface soil can be
subsoil.
V. Undue Stress: Stressed condition of tree's health caused by the Contractor's failure to meet the requirements of
this Section.
W. Specimen Tree: Tree of exceptional quality and a form with character. Specimen trees may require special pruning
to achieve desired shape. Landscape Architect shall hand select all specimen trees.
1.05 ACTION SUBMITTALS
A. Product Data:
1. Example of locking tree tag with unique project identification
B. Plant Tagging
1. All plant tagging shall occur within 2 — 3 months of award of contract.
C. Substitutions
1. See Substitutions Procedures — Section 012500.
1.07 INFORMATIONAL SUBMITTALS
A. Plant Photographs
1. Prior to tagging trip, submit color photos (not less than 200 dpi) of at least 5 representative plants taken from
4 sides for all plants. The photos shall be packaged into a single pdf document and submitted via email. The
CONTRACT PLANT GROWING 329301 - 3
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
photographs shall be taken from a perspective depicting true size and condition of the typical plant to be
sourced from this nursery. Include a telescoping measuring rod that has 12-inch increment marks that are
clearly visible in each photograph. Within the group of 5 plants photographed, identify the average plant, the
best quality plant and the worst quality plant available for sourcing from this location.
2. Indicate height and canopy spread of tree in each photograph.
3. Indicate height and width of each shrub in each photograph.
B. Plant Material Location Data:
1. Quantities of each tree/plant type at each facility.
2. Address, phone number, location map, and contact person for each proposed nursery.
C. Contract Growing Schedule: Provide Architect with Contract Growing Schedule and anticipated delivery schedule
for trees in accordance with Project Schedule. Sources of all plant material shall be secured within 3 months of
award of contractor.
D. Inventory Log (submit at conclusion of tagging trips): Until all plants are installed and accepted by Architect,
Contractor shall maintain a digital inventory of all plants that is accessible by the Project team. The inventory shall
include tree/plant health, and source nursery.
E. Maintenance Log:
1. Using a digital plant inventory database.
2. Record chemical and fertilizer applications; visual observations of plants; tests performed; repotting and
height/spread growth progress.
3. Growth progress including height and spread shall be documented on a quarterly basis.
4. Submit a monthly report with all Applications for Payment.
F. Certificates
1. Certificate of Plant Health (submit at time of transfer from source nursery to Contractor): At time of
acceptance of plants from source nursery, Contractor shall provide certified statement from each nursery
that all plants are healthy and free of disease and/or infestation.
G. Progress Photographs
1. Contractor shall submit progress photographs of all plant types and a sample of 5 plant minimum every 3
months with the Application for Payment. Photographs shall show the progress of the material with caliper,
measurement stick (12 inch increments), and character.
1.08 QUALITY ASSURANCE
A. Qualifications of Contractor Growing, Maintaining & Shipping of Plant Material
1. Demonstrate proficiency in the transport and installation of large trees and shrubs. Submit documentation of
experience with project name, customer and customer contact information of at least 3 projects within the
last 5 years utilizing tree and plant experience.
2. Implemented OSHA approved safety program that meets OSHA and ANSI Z133.1 requirements.
3. Director of safety on staff who is trained and approved to OSHA standards.
CONTRACT PLANT GROWING 329301 - 4
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
4. On -site work supervisor shall have current arborist certification from the ISA and shall have demonstrated
skill and experience in the particular tasks being performed.
5. Plant Material Observation: Following tagging, Architect shall observe plant material at all Contract Growing
facilities regularly to monitor growth and compliance with genus, species, variety, cultivar, size, and quality.
Architect retains the right to observe plants further for size and condition of root systems, pests, disease
symptoms, injuries, and latent defects and to reject unsatisfactory or defective material at any time during
the progress of work. Observations by Architect shall not be a substitute for the required Certificate of Plant
Health or progress photographs (provided at time of transfer from source nursery to the contract growing
facility), which shall be provided by each participating source nursery.
B. Regulatory Requirements: Meet requirements of applicable OSHA regulations, laws, codes, and other regulations
required by authorities having jurisdiction over Work.
C. Provide for inspections and permits required by Federal, State and local authorities in furnishing, transporting, and
installing materials.
D. Pre -Tagging Meeting: Prior to commencement of Work, schedule and conduct a meeting with the Architect to
review the requirements of this Section and to review the schedule for periodic reviews by the Architect.
1.09 WARRANTY
A. Warranty Period: For each plant type, the Contractor shall warranty that the quantity of plants herein shall be
provided to the installation contractor in good health and condition. All material delivered to the project site
deermed to be not in good health and condition by the installation contractor, Landscape Architect or Owner shall
be replaced at the Contractor's cost.
B. Condition of Plant Material: Contractor agrees to replace plant material that fail in quality, size, condition or growth
within specified warranty period. All plants shall be free of dead or dying branches and shall bear foliage of
normal density, size and color.
1. Failures include, but are not limited to the following:
a. Death, trunk damage, dieback, loss of central leader, lack of vigorous growth qualities characteristic
of a plant in a healthy state and unsatisfactory growth, regardless of reason.
b. Loss of 25% or more of canopy or loss of major branches that result in a misshapen or structurally
deficient tree.
2. Immediately notify Architect of any failing plants and initiate process for replacement including sourcing and
tagging trip by Architect. All such expenses are the Contractor's responsibility.
3. No plants with dieback or in an unhealthy condition will be accepted at the end of the warranty period.
C. Incorrect Materials
1. During Warranty Period, replace at no additional cost to the Owner, plants revealed as being untrue name,
as determined by its form, leaf, flower and/or fruiting characteristics, in accordance with Hortus III.
2. Provide replacement plants of a size and quality to match the installed plants at the time the mistake is
discovered.
3. For all plants not meeting size specified upon install the unit price will be adjusted to align with install size.
Contractor shall provide owner credit for failure to meet specified size. The plants will be judged on height,
spread and caliper inch to determine deviations from specified material. All plants shall meet specifications
and meet designated sizes. Install may range from 12-18 months and the contractor shall coordinate the
installation with general contractor for exact installation dates.
CONTRACT PLANT GROWING 329301 - 5
Clark Condon
June 2019
D. Replacement Plants
Pearland SH 288 BW8 to CR59
Issue for Bid
1. As soon as weather and seasonal conditions permit, replace at no additional cost to the Owner, dead plants
and plants not in vigorous, thriving condition, as determined by the Arborist during and at the end of
Warranty Period.
2. Apply requirements of this Section to replacements, except length of Warranty Period.
3. Warranty Period for replacement plants shall apply from the time of procurement until acceptance of delivery
for respective plants.
E. Overstock: Contractor agrees to procure, grow and maintain 5% overstock of each plant type for use as potential
warranty replacements. Overstock is not required for specimen species. Specimen species have been noted on
the attached plant list. The cost of the overstock shall be included in the base bid price.
PART 2 - PRODUCTS
2.1 Trees & Large Shrubs
A. Trees and shrubs shall be contract grown in accordance with good horticultural practices under climatic conditions
similar to those of the project for at least two years unless specifically otherwise authorized by Landscape
Architect in writing. Unless specifically noted otherwise, all plants shall be exceptionally heavy, symmetrical, tightly
knit, so trained or favored in development and appearance as to be superior in form, number of branches,
compactness and symmetry. Plants requiring pruning to achieve desired character and form have been noted on
the plant schedule.
B. Trees and shrubs shall be sound, healthy and vigorous, well branched and densely foliated when in leaf. They
shall be free of disease, insect pests, eggs, or larvae, and shall have healthy, well developed root systems. They
shall be free from physical damage or adverse conditions that would prevent thriving growth. Trees and shrubs
shall not be root bound. Trees and shrubs exceeding industry standard sizes per container will not be accepted.
C. Trees and shrubs shall be true to species and variety and shall conform to measurements specified except that
trees and shrubs larger than specified may be used if approved by Landscape Architect. Use of such plants shall
not increase Contract price.
D. Requirements for Trees and Shrubs at Time of Tagging: Trees shall be container grown and nursery stock. All
trees and shrubs shall be tagged by the Landscape Architect.
1. Nomenclature: Plant nomenclature shall meet requirements of Hortus III.
2. Trunk: Single leader to at least 66 percent of height, structurally strong, able to stand upright without stakes
or guys on a windless day.
3. Branching: Well -spaced and well -formed with strong attachments, symmetrical, tightly knit, so trained or
favored in development and appearance as to be superior in form, number of branches, compactness and
symmetry. The canopy must be deemed capable of supporting aggressive canopy raising as necessary to
support clear trunk requirements.
4. Vigor: Healthy, vigorous and densely foliated when in leaf, with at least 12 inches average twig elongation in
top 30 percent of crown over past 2 years, and with good leaf size and leaf color.
5. Disease and Pests: Free of significant pests, eggs or larvae.
6. Root System: Root collar even with or slightly above soil level at site where trees are tagged, healthy, well -
developed root density and distribution, free of kinked roots, circling roots, girdling roots, root -bound
condition, cracked root balls, or broken rootballs.
CONTRACT PLANT GROWING 329301 - 6
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
7. Pruning: Do not prune, thin or shape trees and shrubs before delivery to the Contract Growing Facility
without written consent from the Landscape Architect. Some trees and shrubs shall require special pruning
to achieve the desired character of the trees and shrubs and shall be directed by the Landscape Architect.
Trees and shrubs requiring special pruning have been noted on the attached plant list.
8. Unacceptable Conditions: Multiple leaders, unless specified, damaged or crooked leaders, bark abrasions,
sunscald, disfiguring knots, or fresh cuts of limbs over 3/4 inch diameter which have not completely callused.
E. Requirements for Trees at Time of Installation:
1. Trunk: Single, well -developed well -formed, straight leader to top of canopy.
2. Multi -Trunk: Minimum of 3 canes and maximum of 5 canes or as specified on tree schedule, specimen
character.
3. Branching: Well -spaced and well -formed with strong attachments, symmetrical, tightly knit, so trained or
favored in development and appearance as to be superior in form, number of branches, compactness and
symmetry, with matched lower branch height, canopy height, and crown form.
4. For specimen trees contractor shall follow special pruning instructions as noted on tree list.
5. Vigor: Free of significant insects and diseases, at least 12 inches average twig elongation in top 30 percent
of crown for 2 growing seasons prior to installation, and with good leaf size and leaf color.
6. Root System: Root collar even, with healthy, well -developed root density and distribution, free of kinked
roots, circling roots, girdling roots, root -bound conditions, cracked rootballs, or broken rootballs.
7. Root Collar: Exposed root collar above rootball surface.
F. Trees and shrubs shall be measured when branches are in their normal position. Height and spread dimensions
specified refer to main body of plant and not branch tip to tip. Caliper measurement shall be taken at a point on the
trunk six (6") inches above natural ground line for trees up to four (4") inches in caliper and at a point twelve (12")
inches above the natural ground line for trees over four (4") inches in caliper. If a range of size is given, no plant
shall be less than the minimum size and not less than forty (40%) percent of the plants shall be as large as the
maximum size specified. The measurements specified are the minimum size acceptable and are the
measurements after pruning, where pruning is required. Plants that meet the measurements specified, but do not
possess a normal balance between height and spread shall be rejected.
G. Trees and shrubs which have damaged or crooked leaders, or multiple leaders, unless specified, will be rejected.
Trees with abrasions of the bark, sunscalds, disfiguring knots, or fresh cuts of limbs over three-quarter (3/4")
inches which have not completely calloused, will be rejected.
H. Machine -moved trees shall be dug, basketed and secured.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verification of Conditions: Verify with the owner all contract nursery growing locations prior to beginning work.
3.02 PLANT SOURCING
A. Source Quality Control
1. Plant Material Review and Tagging by Landscape Architect
CONTRACT PLANT GROWING
329301 - 7
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
Issue for Bid
a. Landscape Architect will review, photograph and tag at the source nursery using locking tags with
serial numbers provided by Contractor.
b. Tagging of plant material at the source nursery does not affect the right of the Landscape Architect to
reject plant material at the Project site, if damage or unacceptable conditions are found that were not
detected at the source nursery, or if damage occurs during transport.
3.03 PREPARATION
A. Trees will be moved with minimum rootball ratio of 12:1. 12" of rootball diameter for every 1" of tree caliper.
B. Pruning: Before digging, or within 48 hours after transplanting, Oaks will be Class IV pruned. Approximately 20%
of the mass shall be removed.
1. Crossing branches and branches that detract from the tree shall be removed first.
2. The majority of the mass shall be removed from the outer canopy of the tree.
3. All major interior branches shall be left intact, except those damaged during the pruning process.
4. Approximately 80% of the smaller, interior branches (sucker growth), shall be left intact.
5. All cuts should be back to a lateral and removed at the branch collar.
6. All dead wood should be removed.
7. Cuts greater than 2 inches shall be treated with approved tree wound dressing.
8. Anvil type pruners or lopers will not be acceptable pruning equipment. Pruners should be kept sharp and
adjusted properly to ensure proper cuts.
3.04 DIGGING, TRANSPORTING AND PLANTING
A. Trees shall be centered in the machine when dug. Caution should be observed to minimize damage to the
branches and trunks while backing onto or driving away from the tree.
B. Roots protruding from the digging module shall be cut flush with root ball before planting.
C. Contractor shall basket all trees and allow for adequate curing time prior to transport.
3.05 LIFTING AND HANDLING OF PLANTS
A. Deteriorated/Damaged Box Materials:
1. Remove materials that have deteriorated and are not capable of holding rootballs solid and firm during lifting,
handling, and transport of plants.
2. Replace removed materials with new materials prior to moving plants.
B. Lifting and Handling Plants:
1. Lift boxes with adequate support to avoid damage to boxes and rootballs, to prevent injury to plants and
roots, and to prevent displacement of soil from the boxes.
2. Do not lift trees by trunks.
3. Do not bind or handle plants with wire or wire rope.
4. Pad trunks and branches wherever hoisting cables or straps make contact.
3.06 PREPARATION OF PLANTS FOR TRANSPORT
A. Treat plants with anti-dessicant spray applied to the trunk, branches, and twigs no more than 72 hours and no less
than 24 hours prior to transport.
B. Tie branches with 3/8" sisal rope in such a manner that no injury will occur to the bark and/or branches.
CONTRACT PLANT GROWING 329301 - 8
Clark Condon
June 2019
C. Exercise care to prevent injury and drying out of the trees and rootballs.
D. Protect plants from sun and drying winds.
Pearland SH 288 BW8 to CR59
Issue for Bid
E. Once loaded and secured onto the transport vehicle, cover trees with a securely fastened, open -weave shade tarp
that minimizes dessication while permitting sufficient cool air flow.
F. Plants shall not be loaded and tarped for longer than 24 hours. If a site delay occurs that will result in a load of
plants being staged and tarped for a period of more than 24 hours, the plants shall be unloaded and hydrated.
G. Remove the shade tarp immediately upon arrival at the Project site.
H. Utilize methods of lifting, handling, loading, transport, and unloading that prevent injury to the trees, damage to the
containers, and disruption or loss of soil from the boxes.
I. Thoroughly irrigate plants no more than 12 hours prior to shipping.
J. If plants are transported between the months of May and September, make shipments during the night or early
morning hours to minimize dessication, unless otherwise accepted by the Landscape Architect.
K. Perform the following pruning only when directed by the Landscape Architect:
1. Removal of dead, broken, conflicting, interfering, or otherwise objectionable branches.
2. Removal of basal suckers and excessive water sprouts.
3. Crown reduction to improve consistency in height between the plants.
4. Shaping to improve consistency in form between the plants.
END OF SECTION
CONTRACT PLANT GROWING 329301 - 9
Clark Condon
June 2019
Pearland SH 288 BW8 to CR59
EXHIBIT A
Pearland SH 288 BW8 to CR59
Issue For Bid
QTY
KEY
SCIENTIFIC NAME
COMMON NAME
SIZE
REMARKS
TREES
271
CT
CERCIS CANADENSIS VAR. TEXENSIS
TEXAS REDBUD
30 GAL.
8'-10' HT, 4'-5' SPR, 2"-2 1/2" CAL, SINGLE TRUNK, STRAIGHT TRUNK
116
LI
LAGERSTROEMIA INDICA 'NATCHEZ'
NATCHEZ CRAPEMYRTLE
30 GAL.
6'-8' HT, 5'-6' SPR, 4"-4 1/2" CAL, MULTI -TRUNK
138
MG
MAGNOLIA GRANDIFLORA
SOUTHERN MAGNOLIA
65 GAL.
12'-14' HT, 6'-7' SPR, 4"-5" CAL, FULL BRANCHING
359
MG
MAGNOLIA GRANDIFLORA
SOUTHERN MAGNOLIA
30 GAL.
8'-10' HT, 5'-6' SPR, 2"-2 1/2" CAL, FULL BRANCHING
221
MG
MAGNOLIA GRANDIFLORA
SOUTHERN MAGNOLIA
15 GAL.
6'-8' HT, 3'-4' SPR, 1 1/2"-2" CAL,STRAIGHT TRUNK
138
QP
QUERCUS POLYMORPHA
MEXICAN WHITE OAK
45 GAL.
10'-12' HT, 6'-8' SPR, 2 1/2"-3" CAL, FULL BRANCHING
398
QP
QUERCUS POLYMORPHA
MEXICAN WHITE OAK
30 GAL.
8'-10' HT, 5'-6' SPR, 2"-2 1/2" CAL, FULL BRANCHING
310
QP
QUERCUS POLYMORPHA
MEXICAN WHITE OAK
15 GAL.
6'-8' HT, 3'-4' SPR, 1 1/2-2" CAL, FULL BRANCHING
642
QV
QUERCUS VIRGINIANA
LIVE OAK
100 GAL.
15'-17' HT, 7'-9' SPR, 4" -4 1/2" CAL, FULL BRANCHING
153
TD
TAXODIUM DISTICHUM
BALD CYPRESS
65 GAL.
12'-14' HT, 5'-6' SPR, 3 1/2"-4" CAL, FULL BRANCHING, STRAIGHT TRUNK
182
UC
ULMUS CRASSIFOLIA
CEDAR ELM
65 GAL.
11'-13' HT, 4'-5' SPR, 2 1/2"-3" CAL, BRANCH AT EYE LEVEL
398
UC
ULMUS CRASSIFOLIA
CEDAR ELM
30 GAL.
8'-10' HT, 5'-6' SPR, 2"-2 1/2" CAL, STRAIGHT TRUNK, FULL BRANCHING
354
UC
ULMUS CRASSIFOLIA
CEDAR ELM
15 GAL.
6'-8' HT, 3'-4' SPR, 1 1/2"-2" CAL,STRAIGHT TRUNK
266
UC
ULMUS CRASSIFOLIA
CEDAR ELM
5 GAL.
2'-3' HT, 2'-3' SPR, 1/2"-3/4" CAL, STRAIGHT TRUNK
QTY
KEY
SCIENTIFIC NAME
COMMON NAME
SIZE
REMARKS
SHRUBS
777
ND
NERIUM OLEANDER 'HARDY PINK'
PINK OLEANDER
5 GAL.
2.5' HT, 2' SPR, WELL ROOTED, FULLT TO GROUND, (EVERGREEN)
777
ND
NERIUM OLEANDER ' WHITE
WHITE OLEANDER
5 GAL.
2.5' HT, 2' SPR, WELL ROOTED, FULLT TO GROUND, (EVERGREEN)
778
ND
NERIUM OLEANDER 'HARDY RED'
RED OLEANDER
5 GAL.
2.5' HT, 2' SPR, WELL ROOTED, FULLT TO GROUND, (EVERGREEN)
1659
ND
NERIUM OLEANDER 'HARDY PINK'
PINK OLEANDER
7 GAL.
3.5' HT, 3' SPR, WELL ROOTED, FULL TO GROUND, (EVERGREEN)
1659
ND
NERIUM OLEANDER ' WHITE
WHITE OLEANDER
7 GAL.
3.5' HT, 3' SPR, WELL ROOTED, FULL TO GROUND, (EVERGREEN)
1660
ND
NERIUM OLEANDER 'HARDY RED'
RED OLEANDER
7 GAL.
3.5' HT, 3' SPR, WELL ROOTED, FULL TO GROUND, (EVERGREEN)
QTY KEY SCIENTIFIC NAME
COMMON NAME
SIZE
REMARKS
TREE ALTERNATE NO. 1
642 QV QUERCUS VIRGINIANA
LIVE OAK
200 GAL.
5"-5 1/2" CAL, 17'-19' HT, 10'-12' SPR, FULL BRANCHING, 5' CLEAR TRUNK
TREE ALTERNATE NO. 2
642 QV QUERCUS VIRGINIANA
LIVE OAK
80" MDR
6-6 1/2"" CAL, 18'-20' HT, 11'-13' SPR, 80" SPADE, 6' CLEAR TRUNK MIN.
*Machine Dug and Basketed for delivery
VICINITY MAP (EXHIBIT B)
Legend/Notes
u o` rf 9R`90
TEXlithalidati
AS
fy.T 'S'
1:57,169
1 inch = 4,764 feet
NORTH
This product isforinformational purposes
only a nd may not be prepared
or be su is ble for leg al, engineering,
or surveying purposes.
MAP PREPARED. JUNE 3. 2019
CLARK CONDON
TO:
FROM:
RE:
DATE:
ADDENDUM
Acknowledge
Documents.
Item No. 1
Item No. 2
10401 STELLA LINK ROAD
HOUSTON, TEXAS 77025
713.871.1414 713.871.0888
CLARKCONDON.COM
ADDENDUM NUMBER 1
All Bid Package Holders
Clark Condon
SH 288 Plant Procurement Services
Project No. 117-048
June 17, 2019
INSTRUCTIONS:
receipt of the Addendum by inserting its number into the Bid Form. This addendum forms a part of the Contract
06/17/2019
Clarification — Sign -in sheet from pre -bid conference is attached.
Clarification — The Local Offeror Preference Claim Form has been added to the Attachments tab (was
referenced in the specifications but not included in the attached forms).
END OF ADDENDUM NO. NUMBER 1
landscape architecture
Plant Procurement Services for SH 288
(Please Print)
Telephone Number I
�,
O
N
N
X
v
L‘-')
U
y�}rd-'
M �\
oci
?
y`
r
u
Email Address
—.A
:-()..
'"
,h, _,(
,is.
��
-
i
1)
8
(tea
ro
0
3
,'
(�
�'
i
°
7
l/
L,
Signature
,,,,),
4
i_.--
.,..„,
„J...
4
1
-.-)
0
Company Name Company Representative
011
l
cn
i'
Qd
(%'
1�
r
C'/
-,
t
' i
—
A
7
Nt
)
�;�
LV
i-1
1, - -
_ "
§
U—►
C
'')
•r
(-
0
v
k
-v
'"---
vl
j
O
CS
phone.. ir. call
cil4'221•4110
CLARK CONDON
Project No. 117-048
DATE: June 20, 2019
ADDENDUM INSTRUCTIONS:
ADDENDUM NUMBER 2
TO: All Bid Package Holders
FROM: Clark Condon
10401 STELLA LINK ROAD
HOUSTON, TEXAS 77025
713.871.1414 713.871.0888
CLARKCONDON.COM
RE: SH 288 Plant Procurement Services 1.N r54g Q��� 06/20/2019
Acknowledge receipt of the Addendum by inserting its number into the Bid Form. This addendum forms a part of the Contract
Documents.
Item No. 1
Item No. 2
Item No. 3
Item No. 4
Item No. 5
Item No. 6
Item No. 7
Clarification — Is there only one general contractor? When will they come on?
One General Contractor is preferred for the installation package, but multiple General Contractors
may be selected. Multiple suppliers may be selected for the Plant Procurement package, however, one is
preferred. The G.C. for installation will be selected for the SH 288 Beautification Project in January 2020.
Clarification — The 6" machine moved trees, does it have to be 70" or can it be 80" Live Oak?
The size is based off the size of tree we have selected as a minimum. The plant list is based on
ultimate product to be delivered to the site.
Clarification — Can you explain the extended on -site expense line item?
Extended refers to the monthly cost of holding material beyond the expected contract period. In
other words, if it goes passed the project's slated end date, what cost will it be monthly?
Clarification — Does the plant material have to be stored on bidder property?
Plant material does not have to be stored on bidder property, but you must be able to document
the progress and status of the plants. Reports with photos will be requested, so you will need access to the
plant material during the holding period.
Clarification — On delivery, our truck gets it there, but is the contractor unloading?
Yes, unloading is by others. The owner rep and contractor do have the right to refuse if the plant
materials do not meet the spec or the plants are not in good condition.
Clarification — It seems it might be easier to just hold all billing until delivery?
If you choose not to submit payout until the end, that is acceptable.
Clarification — If the plants are in a 3 gallon, but meet the spec of the 5 gallon will you take that?
No. What is in the specification is what needs to be bid.
landscape architecture
CLARK CONDON
Item No. 8
Item No. 9
Item No. 10
Clarification — Can you explain the reasoning behind the bonds requested in the bid documents?
If the selected bidder fails to execute the project, the bond protects the city's costs for having to
rebid the project. The payment and performance bonds are needed. We did not however include a
maintenance bond, as there will be nothing to maintain once the plants are delivered.
Clarification — In regard to proposal of other projects completed, if you want info on the last three
years, but we did a very similar project five years ago?
If it speaks to your experience with like projects, it would be better to include it than not to include
it.
Clarification — Are the bids competitively sealed?
Yes. Keep in mind that it is not always lowest cost that is best. Quality will be an important factor
for this project. Price competitively, but also with quality in mind. Proposals with be publicly unsealed and
read in City Hall.
Item No. 11 Clarification — When is the cutoff for questions about this bid opportunity?
All questions shall be submitted in writing no later than June 20, 2019.
Item No. 12 Clarification —Is there any type of schedule to go on? Can we review landscape drawings? Do you
know which section or even side of this project will be the starting/final points of installation? If
you do not know today, when will you have these details? Will they be provided in 3 months, 6
months, etc. to the awarded party? Some of the items requested along with the specs desired,
should have be planted yesterday if they are being installed June 2020. On the other hand, they
realistically if they aren't installing until April 2021 then that could open more possibilities?
The schedule we currently have place is stated in the bid documents. Construction start is
anticipated for January 2020 with plant material installation to begin May 2020 lasting though June 2021.
Landscape drawings are not complete and will not be distributed. The phasing of the project is dependent
upon the highway construction schedule and when areas will be released to the GC for this project.
Installation contract will be awarded by the end of the year with a construction start of January 2020.
Item No. 13
Item No. 14
Clarification — Awarding this contract time frame: Section 13.1 The contract will be awarded within
90 after receiving the proposals. What is the likely hood of this taking full 90 days? These are
prime growing conditions and material will need to be sourced and planted as soon as possible,
assuming X material will be ready to install in May 2020. Just to give you an idea on larger trees, it
could take 1.5-2 years in that one container to hit the specs listed in this proposal. Hence, knowing
what plant is going at the beginning of the contract verses the end is very important.
Contract will be awarded once all bids have been evaluated and L.A. provides recommendation.
From there the proposal will be approved at City Council in mid -August with an official start date after it has
been approved by Council and NTP has been issued.
Clarification — Warranty: During the meeting I understood that the warranty ends once the installer
takes possession. In the proposal, in section 7.0 it states, "all warranties as stated in the Uniform
Commercial Code" and in section 1.09 it states, "Contractor agrees to replace plant material that fail
in quality, size, condition or growth within a specified warranty period." It is noted that we need to
grow an extra 5% for warranty, who would be responsible for paying for the ones shipped to the site
or is this something we need to lump into our price per item? Can you please clarify the warranty
obligations?
The responsible party growing the plant material is responsible for warranty up until plant material
has been delivered on -site and is accepted by G.C. and owner rep. From there the G.C./installation
contractor will take over responsibility for warranty of plant material. If plant material delivered on -site does
not meet specification or is rejected the responsibility to replace rejected plant material stays with party
providing plant material. The 5% for warranty shall be a part of the plant material line item to be delivered to
landscape architecture
CLARK CONDON
Item No. 15
the site. However, if the 5% warranty plant material is not needed it will remain with the grower and will no
longer be a part of the contract obligations.
Clarification - Funding: Section 5.3. "Funds for payment have been provided through the City of
Pearland budget approved by the City Council for this fiscal year ONLY. "Section 5.4 "....if in the
event the allocated funds are exhausted, the Contractor's only remedy shall be suspension or
termination of its performance under the contract and shall have no other remedy in law or in equity
against the City and no right to damages of any kind" and "The City may reduce the funds
allocated and services required at its discretion". What guarantee do we have that this project will
be approved in the next fiscal year or even the year following that?
Once a contract has been executed the City will be obligated to pay any expenses the vendor has
actually incurred to the date of contract suspension and termination.
END OF ADDENDUM NO. NUMBER 2
landscape architecture
LANDSCAPE A1Q
Plant Procurement Services for
SH 288 Master Plan
Improvements
Bid No. 0619-47
Proposal Submitted 6/27/2019
by
Landscape Art, Inc.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
jteitter
LANDSCAPE AID
4.1.1 Company Introduction
Landscape Art was established in 1978 by Anita McCormick as a landscape maintenance company. Through
the years, we have morphed into a site construction firm, but our heart and our heritage are rooted in
landscaping.
We contract out certain items (electrical, pools) and sometimes subcontract other skills such as concrete work
and irrigation, but we always self -perform landscaping. It is in our name and in our blood.
Anita holds Texas Certified Landscape Professional license CLP #336. In addition, we have two Certified
Landscape Technicians (CLT #233647 and CLT #25157). Our Senior Project Manager, Kevin Arp is a
Registered Landscape Architect.
Landscape Art is certified by the City of Houston as a Woman Owned Business Enterprise (WBE). We have
irrigation licenses issued by the State of Texas (LI5635, LI7824, LI7893, LI17188, LI4835, LI21183) and
Licensed Technicians (IT344, IT336, IT365, IT351).
Landscape Art, Inc. is a member of the National Association of Landscape Professionals, the Texas Nursery
and Landscape Association, Texas Turf Irrigator's Association, the Houston / Gulf Coast Irrigators
Association, Associated General Contractors of America, Trees for Houston and the Organic Horticulture
Business Alliance.
LANDSCAPE ART
4.1.1 Core Management Team
J. H. (JAY) WILLIAMS
Vice President and General Manager
Jay Williams came to Landscape Art in 1994 during a time of expansion and growth. His success in personnel
management, his partial fluency in Spanish and his familiarity with business accounting, were important additions to
the Landscape Art family.
Landscape Art has traveled to Tennessee and Florida and throughout Texas for construction projects for Exxon,
Trammel -Crow and the Landmark Organization. For these out-of-town jobs, Jay has mobilized the workforce,
arranging for accommodations and transportation, interviewed and set up a new group of vendors and handled
various permits and registrations required by a myriad of local organizations and municipalities.
Jay has supervised the irrigation and landscape installation of more than one hundred Exxon retail stores and an
equal number of other commercial projects. He has designed and built a lighted, floating Shell logo that was
installed at the Shell Learning Center in the Woodlands. He has also designed and built two Shell logo displays (at
the Tournament Player's Course in the Woodlands and at Redstone Golf Course) for the Shell Houston Open. The
structures are twenty feet in diameter, eight feet tall, constructed of cinder block, with natural rock veneer. It is
filled with flowers for the tournament each year and has been displayed in the Houston Chronicle, Sports Illustrated
and on live television broadcasts each year.
During his tenure with Landscape Art, Jay has become a licensed irrigator (LI5635) and has dramatically increased
his knowledge of landscape construction. He is a member of the Houston / Gulf Coast Irrigators Assoc.,
Associated General Contractors and the Texas Landscape and Nurseryman's Association. Jay is the past chairman
of Region II of the Texas Nursery and Landscape Association and sits on the State Education Committee and is the
Chair of the Region 2 Education Committee.
JOSE (CARMELO) ORELLANA
Vice President / Operations Manager
Carmelo Orellana started with Landscape Art in 1994 just after he graduated from Clear Creek High School. His
ability to manage in the field, his fluency in Spanish and English and his devotion to accomplishing his tasks made
him indispensable to the Landscape Art family.
Carmelo has the distinction of being one of fewer than 100 landscapers in the State of Texas to complete all phases
of the testing for the Certified Landscape Technician (CLT#233647) exam as designed by Planet (formerly
Associated Landscape Contractors of America) and administered by TNLA. He is now an instructor at the Region
II TNLA Winter Workshop training meetings and serves on the Education Committee of Region 2.
He is a licensed irrigator (LI7893) and has certifications that include "Certified Four Stroke and Two Stroke Engine
LANDSCAPE AIkt
4.1.1 Core Management Team (cont.)
Technician" from the Equipment & Engine Training Council and the ICPI Certified Concrete Paver Installer
Program from the Interlocking Concrete Pavement Institute.
Carmelo's many accomplishments were recognized by the Texas Nursery and Landscape Association in 2010 as he
became the first Hispanic recipient of the Young Leader award. To be chosen from among literally tens of
thousands of landscapers in the state is not only an incredible honor, but an indication of the dedication and
professionalism that he continues to exhibit.
REBECCA DUBISKI
Project Manager and Procurement Manager
Rebecca Dubiski came to work for Landscape Art in July 2014 as a Project Manager and Purchaser. Prior to her
employment at Landscape Art, she worked as a Sales Representative for Nelson Plant Food, covering a large
portion of Texas and Southern Louisiana.
Projects under her management have included Avenue Place Park, with the installation of a playground, landscaping
and irrigation; Bayside Crossing, with the installation of a playground, masonry, a steel entry sign and concrete
walks; The Reserve, with a shelter installation, pedestrian concrete sidewalk, site furnishings, planting and irrigation;
Lakewood Pines, with a playground installation, pavilion installation, concrete sidewalks, planting and irrigation, and
City of Pearland Kirby Drive Entryway & Corridor Enhancements comprised of a monument sign, lighting,
concrete pavers, planting and irrigation.
Rebecca graduated with a bachelor's degree in Agribusiness from Texas A&M University in 2010. She is a State of
Texas Licensed Irrigator (LI0022288). She is actively involved in many landscape industry organizations, such as the
Texas Nursery and Landscape Association Region 2, where she currently holds the position of chairman. She is also
a Committee Member of the Texas A&M AgriLife Harris County- Horticulture Program. In 2018, Rebecca was the
recipient of the Texas Nursery and Landscape Association Young Leader Award, an honor attesting to her
dedication and professionalism.
PORFIRIO MARTINEZ
Quality Control Manager / Superintendent
Porfirio Martinez worked for Landscape Art from 1994 to 2000 and returned to us in February of 2007. In this time
he has proven himself, not only as a hard worker, but also as a competent leader. He is safety oriented and
communicates in both English and Spanish.
Porfirio is licensed by the State of Texas as an Irrigation Technician (#IT0351), and has received his 10-hour
OSHA Certification. He has worked on and lead many projects over the years including projects for the MD
Anderson Cancer Center Campuses, University of Texas Medical Center Campuses, Element Hotel, City of
Pearland Kirby Drive, Spring Valley Park, Fallbrook Pocket Park, Sienna Anderson Spring, city and county parks,
and multiple grand entries and green spaces for developments across the city.
4.1.1 Organizational Chart
Accounting
A/P & Payroll
Mary Garcia J
Kevin Arp
Sr. Project Manager
Business Operations
Business
Management
Shannon Mitchell
Project
Administration
Administration /
Human Resources
Debbie Gerac
Rebecca Dubiski
Project Manager
14-2012F350CC3
7-TRL16FTIRR
Walter Ramos-4
Roy Del Cid
Jony Andrade
Jose Andrade
League city
3-MX2162017-548
18-2014F350CC6
5-TRL2OFTLBCT
RUDIS DEL CID-4
Gilberto Rivera
David Orellana
Adrian Enriquez
League City
12-MX2162014-116
Debbie O'Donnell
Favio Orellana
Sr. Quality Control Manager
30-F2013F350CC4
3-TRL16FTI RR
i-uwei Lc) ua�rcWd -
Pueblito Ortiz
Lucio Hidalgo
Claudio Hidalgo
TOMBALL
11-MX2162014-089
17-2014F350CC5
16-TRL22FTLBCT
JOSE ORTIZ-z
Jesus Aguilera
Jose Aguilera
Jaime Aguilera
League City
14-MX2352015-668
3-TL82014-019
3-TEREX
5-2006F350CC2
Ramos (id Suarez-4
Pedro Lopez
Saul Lopez
Nolberto Hidalgo
TOMBALL
7-MX0162013-218
25-2015F250PT3
4-TRL12FTBOX
CARLOS ALVAREZ-5
Oscar Guevara
Andres Almanza
Samuel Hidalgo
Don Carmelo
League City
15-MX2162015-385
4-TL82014324
Purchasing
Rebecca Dubiski
Estimating
1- Dana McCormick J
Jay Williams
•
l
Rebecca Dubiski
Carmelo Orellana J
Field Operations
Porfirio Martinez
Quality Control Manager
20-2014F350PT2
12-TRL12FTBOX
Ai Molina-4
Olegario Molina
Marcos Atrisco
Jose Molina Jr
League City
16-MX2162017-380
16-2013F350CC4
8-TRL22FTLBCT
Benjamin Hidalgo-4
Jesus Sanchez
Federico Garcia
Crisoforo Molina
ATASCOSITA
6-TL82015-288
6-MX2352017-539
2-TEREX
Miguel Herrera
Quality Control Manager
l
31-2002GMC
Jonacan i vianzano-4
Juan Pablo Alvarez
Dimas Jiron
Leonardo Buruca
League City
5-TL82015-442
33-2017F350CC11
1-TRL16FTBOX
Samuel Aguilera-4
Roberto Oyervides
Roy Hegwood
Jose Molina
League City
MAINTENANCE
l
Karen Orellana
, Hamilton Martinez
Favio Orellana
Kayla Garcia
Asst. Project Manager
J
32-2013 E350CV1
Carlos Martinez-4
Carlos Ramirez
Francisco Recinos
Salvador Pineda
24-2015F250CC
2-TRL18FTBOX
Reyes Miranda-4
Joaquin Miranda
Oscar Alvarez
Osmin Bonilla
WEBSTER
16302 APT D
10-MX2162014-087
Fleet Management
i
Oscar Vega
8-2006F450ST
Th
Naim Fernandez
22-2007F450ST
Fredis Del Cid
Asst. Project Manager
26-2015F250CC3
15-TRL22FTLBCT
Prudencio Molina-3
Floriberto Castro
Nolberto Castro
ATASCOSITA
9-MX2162014-083
1-TL82014-004
21-2014F350CC8
13-TRL22FTLBCT
EVERT DEL CID-4
Luis Del Cid
Hernan Hernandez
Joe Turner
League City
13-MX2352014-683
2-TL82014-012
1-TEREX
Alfredo Ramirez
Assistant Mechanic
Oscar Santiago
Equipment &
Materials Delivery
Santos Sorto
Site Supervisor
35-2019F250CC4
14-TRL18FTIRR
Jesus Hernandez-4
Jose Vega
Pueblo Ortiz
David Ortiz
SPRING BRANCH
8-MX2162014-081
Trencher # 3
10-2006F250RC
7-2006F250CC2
Lisandro Del Cid-3
Victor Del Cid
Arfincie Brinson
5-MX22820B-687
Roberto Del Cid
Hardscape Supervisor
29-2013F350CC9
6-TRL18FTLBCT
Arrnando Ramos-5
Evert Melgar
Edwin Salmeron
Milton Del Cid
Carlos Ramirez
TOMBALL
17-MX2352019-0146
Irrigation Manager
6-2007F250RC
Margarito Acosta
Backflow Tester
License Irrigator
6/17/2019
LANDSCAPE Ai�T
4.1.2 Experience List
Project: Memorial Park Eastern Glades Phase 1
Project Location: Houston, Harris County, Texas
Scope of Work:
• Procurement of native plant materials (300 trees; 4000 plants)
• Installation and establishment of large-scale native grasses, forbs plantings and native trees
• Irrigation installation
• Planting soils and soil amendments
Owner: Uptown Development Authority and Memorial Park Conservancy
Patricia Frayre, Project Manager / Phone: (713) 621-2011 / email: pfrayre@uptown-houston.com
Architect: Lauren Griffith Associates
Lauren Griffith, Architect / Phone: 713-838-7120 / email: lgriffith@laurengriffithassociates.com
Final Contract Amount: $977,839.00
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
Nt41,t
LANDSCAPE Ai�T
4.1.2 Experience List
Project: Texas A&M University Leach Garden Phase 1 Part 2
Location: College Station, Brazos County, Texas
Scope of Work:
• Procurement & installation of 5300 plants and shrubs (over 200 varieties) in multiple gardens
on Texas A&M University Campus
• Tree installation (qty 350)
• Irrigation
• Planting soil and liquid amendments
• Boulders
• Flagstone
• Metal edging
• Hardwood mulch & rock mulch
• Fountain
• Berry & grape vine trellis
• Stone Plinth
Owner: Texas A&M University / College Station, Texas
Joseph Johnson, Program Manager / Phone: 979-862-1697 / email- joseph.johnson@ag.tamu.edu
General Contractor: QuadTex Construction, Inc.
Tracy Ash / Phone: 979-774-9341 / email: tracy@quadtex.net
Doug Chmelar / Phone: 979-774-9341 / email: doug@quadtex.net
Architect: White Oak Studio
Kevin Nowak, Architect / Phone: 713-682-2638 / email: knowak@wos-la.com
Final Contract Amount: $1,464,214.84
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
LANDSCAPE Ai�T
4.1.2 Experience List
Project: Lower Kirby Drive Entryway & Corridor Enhancements
Project Location: Pearland, Brazoria County, Texas
Scope of Work:
• District & City monument signs
• Concrete pavers
• Lighting & electrical
• Tree removal
• Asphalt & base removal
• Concrete demolition
• Sod installation
• 15gal - 65ga1 tree plantings (360 qty)
• 1gal - 5gal plants & shrubs (12,000 qty)
• Machine moved trees
• Hardwood mulch installation
• Decomposed granite walkway
• Irrigation installation
Owner: City of Pearland / 3519 Liberty Drive, Suite 300, Pearland, TX 77581
Owner Representative: Pearland Economic Development Corporation / 11233 Shadow Creek
Parkway, Suite 235, Pearland, Texas 77584
Valerie Marvin, Development Manager / Phone: 281-997-3004 / email: vmarvin@pearlandedc.com
Architect: Clark Condon Associates / 10401 Stella Link Road, Houston, Texas 77025
Jason Miller, PLA, ASLA / Phone: 713-871-1414 / email: jmiller@clarkcondon.com
Final Contract Amount: $1,084.416.89
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
LANDSCAPE AiQ
4.1.3 Contracts of Similar Size and Scope in Past 36 Months
Project: Evelyn's Park
General Contractor: Linbeck / 3900 Essex Ln, Suite 1200, Houston, TX 77027
Ben Lampe / 832-294-1210 / email: blampe@linbeck.com
Tameem Tulti / 713-579-9261 / email. ttulti@linbeck.com
Contract Amount: $879,892
• Evelyn's Park had a wide variety of different plant material, including over 13,000 plants, split
between 36 varieties.
• We had to coordinate very closely with other contractors doing work in the area. Our schedule
was dependent on their progress, so we had to maintain very close communication to make this
a successful project.
• Certain areas were made available to us during times that we couldn't/shouldn't plant certain
varieties of plants. We had to work around low temperatures in getting the plant material
established during less than ideal timelines. We worked with the general contractor and
landscape architect to formulate plans to install plant material at the appropriate time of year,
while still opening the project in a timely manner.
Project: Houston Methodist West Hospital Expansion
General Contractor: Vaughn Construction / 10355 Westpark Dr., Houston, TX 77042
Blake Poncio / 713-984-4459 / bponcio@vaughnconstruction.com
Contract Amount: $1,014,914
• We were working with a general contractor that was building a parking garage and new wing of
Houston Methodist Hospital. This project had to be phased, based on the areas that were open
and ready for our work. The areas we could work were fairly fluid, and timelines changed often.
We were able to adapt to the ever changing timeline and get our crews redirected as needed.
The building and parking garage progress was the driving factor for our work, so we are
comfortable with needing to make our work fit in very specific time frames.
• We had over 17,000 plants and over 70 trees consisting of 100 gallon and 200 gallon trees.
• Due to the work phasing, the work spanned over one year. There was over 13 months between
when the first tree was planted and the last tree was planted. This required close coordination
with the growers that were growing the trees and plants specifically for this project.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
LANDsCWE Alkt
4.1.4 Samples of Documentation Provided/Maintained to Assure Compliance
with Specified Requirements.
For the project plant procurement documentation, we have an in-depth spreadsheet with three tabs -
Planting, Orders, and Deliveries. The Orders and Deliveries tabs feed into the Planting tab, which
provides a summary of each plant. Below is a snapshot from the Planting tab, showing a summary of
each plant.
Scientific Name
Common Name
Siz€'
Source
Job Quantit
Cercis Canadensis Var. Texansis
/1fexas Redbud
30 g
Source A
P 271
Lagerstroemia Indica 'Natchez'
filatchez Crape Myrtle
30 g
Source A
r 116
Magnolia GrandifloraSouthern
Magnolia
65 g
Source A
138
Magnolia Grandiflora
Southern Magnolia
30 g
Source B
359
Magnolia Grandiflora
Pr
Southern Magnolia
15 g
Source B
r
221
Quercus Polymorpha
ale ican White Oak
45 g
Source A
138
Quercus Polymorpha
h,�lexican White Oak
30=1 g
Source A.
Ir
398
Quercus Polymorpha
Mexican White Oak
15 g
Source B
310
Quercus Virginiana
Live Oak
100 g
Source A
642
Taxodium Distichum
Bald Cypress
65 g
Source A
153
Ulmus Crassifolia
Cedar Elm
65 g
Source A
182
Ulmus Crassifolia
Cedar Elm
30 g
Source B
398
Ulmus Crassifolia
Cedar Elm
15 g
Source B
354
Ulmus Crassifolia
Cedar Elm
5 g
Source C
266
Nerium Oleander 'Hardy Pink"
Pink Oleander
5 g
Source D
777
Nerium Oleander White'+'Jhite
Oleander
5 g
r
Source D
777
Nerium Oleander "Hardy Red"
fed Oleander
5 g
r
Source D
778
Nerium Oleander Hardy Pink'
Pink Oleander
7 g
r Source D
1659
Nerium Oleander White'
PrNhite Oleander
7 g
r
Source D
1659
Nerium Oleander 'Hardy Red"
Red Oleander
7 g
r
Source D
1660
The Planting tab is an overview of the entire project. From this view, you can see the following
information for each plant- Scientific Name, Common Name, Size, Source, Job Quantity, Quantity
Remaining (continually updating quantity reflecting what has not been delivered yet), Install
Completion Date, Notes, Date Located (date the plant was located at the nursery), and Progress Checks
for the duration of the project. Below are snapshots of those headers, which can be filtered. For
instance, you may want to only see a certain type of tree/plant, or see what materials are yet to be
delivered to the site. You would be easily able to manipulate the information from the Planting Tab.
This allows you to view the information as broadly or as specifically as you desire.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
LANDSCWE ABZ
Scientific Name
Common Name
Sizr
Source {
Job Quantit 'rt
Delivery Details
Quantity Remainin
Quantity Delivere
Install Completion
Date
Notes
Progress Checks
Date Located
October, 2019
February, 2020
May, 2020
July, 2020
October, 2020
February, 2021.'
1
May, 2021
The Scientific Name, Common Name, Size, Source, and Job Quantity is hard entered in the
spreadsheet. The Quantity Delivered pulls information from the Deliveries tab to keep an accurate
count on what has been delivered to the site. The Quantity Remaining is calculated by subtracting the
Quantity Delivered from the Job Quantity. Install Completion Date is entered when the entire plant
variety has been installed. There is a column for Notes, in case we need to add anything that is not in
another column.
We will use Texas Redbud as an example. There are 271- 30g Texas Redbud, coming from Source A.
All this information is shown in the snapshot below. An Item Number is shown, which allows us to tie
the plant to Orders and Deliveries.
Item Number °'
Scientific Name
Common Name
SIZE wa
Source
Job Quantit
1.1
Cercis Canadensis Var. Texansis
Texas Redbud
30 g
Source A
271
In this example, we have had 100 of them delivered to the site, which is shown in detail in the Orders
and Deliveries tabs. That information populates in the Quantity Delivered column, which then updates
the Quantity Remaining to be 171. The installation has not been completed, since we still have trees to
receive, so there is no date in the Install Completion Date column.
Quantity Remainin '*
171
Delivery Details
Quantity Delivere
Install Completion
Date
Notes
100
Progress Checks (shown in blue) keeps track of specific information about each tree/plant. The date
the tree/plant is located with the grower is logged, as well as progress checks throughout the year to
inspect height, spread, and caliper. We can also record additional information, such as fertilizer
applications, repotting activity, and visual observations of the plant. Continuing with the Texas Redbud
example, the information would look similar to what is shown below. These progress checks would
happen throughout the year, so that the growth can be verified as they progress towards being ready for
the job.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
LANDsCWE ABZ
Progress Checks
Date Located '
October, 2019
February, 2020 ,
May, 2020
July, 2020 °
October, 2020
February, 2021
May, 2021
1-Jun-19
Height- E . Spread- 3',
Caliper- 1"
Height- i, Spread-
3.5', Caliper- 1.5''
Height- 8.5', Spread-
4', Caliper- 2"
On the Orders tab, each order is tied to an Order Number. On an order, there might be any number of
tree/plant varieties included, and each plant on a specific order is shown here. Information included is
Order Number, Item Number, Common Name, Size, Source, Order Date (date the order was placed
with the nursery), Quantity Ordered, Quantity Delivered, Quantity Outstanding, and Estimated
Delivery Date.
Order Numbers'
Item NumberCommon Name
Siz[
SOU roe
Quantity
Quantity
Quantity
Estimated
Order Datc - Order
Deliverer 1
Outstandini -
Delivery Chat il
Order Number and Item Numbers are numbers Landscape Art assigns to the order and plant to allow
for efficient tracking. The Common Name, Size, and Source is the same information shown on the
Planting tab. Order Date and Quantity Ordered will be entered when an order is placed with the
nursery. Quantity Delivered is populated from the Deliveries tab. Quantity Outstanding subtracts the
Quantity Delivered from the Quantity Order. When an order is placed, an Estimated Delivery Date will
be entered. Once the order has been delivered, that date is removed, because you can refer to the
Deliveries tab to see the actual delivery date.
Continuing with the Texas Redbud example, we ordered 30g Texas Redbud from Source A. As stated
above, the Order Number and Item Number is assigned by Landscape Art.
Order Number =
Item Number ;-
Common Name 1.71
Siz€
Source
1001
1.1
/1fexas Redbud
30 g
Source A
An order for 100- 30g Texas Redbud was placed on May 1, 2020. To date, we have received 100 trees,
which means we do not have any trees left to receive for that particular order. There is no longer an
Estimated Delivery Date, because we have an actual delivery date listed on the Deliveries tab.
Order flat(
Quantity
Order
Quantity
Deliverer
Quantity
Outstandin ,
Estimated
Delivery Oat
1-May-20
P 100
P 100
0
On the Deliveries tab, Landscape Art documents all deliveries we receive for the project. We log
Delivery Date, Order Number, Item Number, Common Name, Size, Source, Quantity Delivered, and
Install Completion Date.
Delivery Date
Order Number
Item Number = 'Common Name
Quantity
Install
Sizr
Source
Deliverer
Completion Da
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
LANDScAPE AKI
The Delivery Date is entered when we receive the delivery. The Order Number and Item Number
correspond with the same Order Number and Item Number shown on the Orders tab. Common
Name, Size, and Source remain consistent through all tabs. The Quantity Delivered is entered based on
the actual quantity delivered. This ensures that we receive the exact amount of plants ordered. We can
track if there are any discrepancies between what was ordered and what was delivered to the site. Lastly,
we log the Install Completion Date. This Install Completion Date is referring to the plants on the
corresponding delivery. There might be additional plants left to receive of that variety, but we
document when we installed the plants that were on each specific delivery.
In the Texas Redbud example, we received the delivery on May 4, 2020. The delivery included all 100
trees that were ordered, which were installed on May 4 and 5.
1
Delivery Date
Order Number
Item Number ,
Common Name
4-May-20
1001
1 1
Texas Redbud
SiZE
30 g
Source
Source A
•,
Quantity
Deliverer
100
Install
Completion Da
5-May-20
As stated earlier, all of this information in the Orders and Deliveries tabs feed into the Planting tab,
allowing for an accurate depiction of what has been delivered and what is yet to be delivered to the site.
This spreadsheet will be shared with the architect, owner, and construction contractor, so that
coordination can occur easily. This also allows us to track the progress of the tree and plant growth in
one place, throughout the duration of the project. A report will be generated from this spreadsheet that
will be sent to the architect after each progress check, including pictures of the tree/plant material.
Although the reports will be sent, having access to this spreadsheet allows anyone to review the
information at any point throughout the process.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
4.1.5 Statement of Financial Condition
LANDSCAPE ART, INC.
FINANCIAL STATEMENTS
FOR THE
YEARS ENDED DECEMBER 31, 2018 AND 2017
MELTON & MELTON, L.L.P.
CERTIFIED PUBLIC ACCOUNTANTS
LANDSCAPE ART, INC.
TABLE OF CONTENTS
Page
Independent Accountant's Review Report 1
Balance Sheets 2
Statements of Operations and Retained Earnings 3
Statements of Cash Flows 4
Notes to Financial Statements 6
MELTON &MELTON, L.L.P.
CERTIFIED PUBLIC ACCOUNTANTS
INDEPENDENT ACCOUNTANT'S REVIEW REPORT
To the Stockholders of
Landscape Art, Inc.
We have reviewed the accompanying financial statements of Landscape Art, Inc. (an S corporation),
which comprise the balance sheets as of December 31, 2018 and 2017, and the related statements of
operations and retained earnings and cash flows for the years then ended, and the related notes to the
financial statements. A review includes primarily applying analytical procedures to management's
financial data and making inquiries of company management. A review is substantially Iess in scope than
an audit, the objective of which is the expression of an opinion regarding the financial statements as a
whole. Accordingly, we do not express such an opinion.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with accounting principles generally accepted in the United States of America; this includes
the design, implementation, and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatement whether due to fraud or error.
Accountant's Responsibility
Our responsibility is to conduct the review engagement in accordance with Statements on Standards for
Accounting and Review Services promulgated by the Accounting and Review Services Committee of the
AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for
reporting whether we are aware of any material modifications that should be made to the financial
statements for them to be in accordance with accounting principles generally accepted in the United
States of America. We believe that the results of our procedures provide a reasonable basis for our
conclusion.
Accountant's Conclusion
Based on our reviews, we are not aware of any material modifications that should be made to the
accompanying financial statements in order for them to be in accordance with accounting principles
generally accepted in the United States of America.
.177e.eit_ /
Houston, 'Texas
May 1,2019
6002 Rogerdale, Ste. 200 Houston,Texas 77072
(1)
Tel 281-759-1120 Fax 281-759-5500
LANDSCAPE ART, INC.
BALANCE SHEETS
December 31, 2018 and 2017
Current Assets:
Cash and cash equivalents
Accounts receivable
Costs and estimated earnings in excess
of billings on uncompleted contracts
Prepaid expenses
Other assets
Total current assets
Property, net
ASSETS
2018
2017
$ 189,691 $ 118,910
3,131,595 1,577,958
125,462
229,087
7,711
234,634
181,566
42,221
3,683,546 2,155,289
824,419 1,141,216
$ 4,507,965 $ 3,296,505
LIABILITIES AND STOCKHOLDERS' EQUITY
Current Liabilities:
Line of credit
Current maturities of long-term debt
Accounts payable
Accrued liabilities
Billings in excess of costs and estimated
earnings on uncompleted contracts
Total current liabilities
Long -Term Liabilities:
Long-term debt, net of current maturities
Commitments and Contingencies
Stockholders' Equity:
Common stock, $1 par value; 500,000 shares authorized,
10,000 shares issued and outstanding
Retained earnings
$ 1,751,005
175,138
760,932
274,046
121,985
$ 393,197
272,434
640,520
122,764
118,989
3,083,106 1,547,904
870,765 1,076,873
10,000
544,094
554,094
10,000
661,728
671,728
$ 4,507,965 $ 3,296,505
(See Notes to Financial Statements)
(See Independent Accountant's Review Report)
(2)
LANDSCAPE ART, INC.
STATEMENTS OF OPERATIONS AND RETAINED EARNINGS
For the Years Ended December 31, 2018 and 2017
Contract Revenue
Cost of Contract Revenue
Gross margin
General and Administrative Expenses
Income (loss) from operations
Other Income (Expense):
Interest
Other
Loss before provision for state income taxes
Provision for State Income Taxes
Net loss
Retained Earnings:
Balance, beginning of year
Less: Stockholder distributions
Balance, end of year
2018
$11,128,582
8,399,215
2,729,367
2,677,659
51,708
(133,262)
(648)
(133,910)
(82,202)
18,820
(101,022)
661,728
(16,612)
$ 544,094
(See Notes to Financial Statements)
(See Independent Accountant's Review Report)
2017
$ 11,808,883
9,278,728
2,530,155
2,706,326
(176,171)
(80,178)
40,049
(40,129)
(216,300)
19,279
(235,579)
1,206,792
(309,485)
$ 661,728
(3)
LANDSCAPE ART, INC.
STATEMENTS OF CASH FLOWS
For the Years Ended December 31, 2018 and 2017
Cash Flows from Operating Activities:
Net loss
Adjustments to reconcile net loss to net
cash provided by (used in) operating activities:
Depreciation and amortization
Bad debt expense (recovery)
Gain on sale of property
Amortization of debt issuance costs
Changes in operating assets and liabilities:
Accounts receivable
Costs and estimated earnings in excess
of billings on uncompleted contracts
Prepaid expenses
Other assets
Accounts payable
Accrued liabilities
Billings in excess of costs and estimated
earnings on uncompleted contracts
Total adjustments
Net cash provided by (used in) operating activities
Cash Flows from Investing Activities:
Purchase of property
Proceeds from sale of property
Net cash used in investing activities
Cash Flows from Financing Activities:
Borrowings on line of credit
Payments on line of credit
Borrowings (payments) on long-term debt
Payments on long-term debt
Advances (payments) on shareholder debt
Stockholder distributions
Net cash provided by (used in) financing activities
Net increase (decrease) in cash and cash equivalents
Cash and Cash Equivalents, beginning of year
Cash and Cash Equivalents, end of year
2018
2017
$ (101,022) $ (235,579)
389,286
(3,984)
3,820
(1,597,705)
109,172
(47,521)
(3,686)
120,412
151,282
2,996
385,497
529
(42,125)
1,181,413
(36,387)
(52,574)
(42,221)
(673,317)
(52,366)
(13,317)
(875,928) 655,132
(976,950) 419,553
(72,489) (121,036)
42,125
(72,489) (78,911)
2,957,000 3,187,197
(1,599,192) (3,044,000)
(269,028) 900,000
- (1,338,805)
48,052 (48,052)
(16,612) (309,485)
1,120,220 (653,145)
70,781 (312,503)
118,910 431,413
$ 189,691 $ 118,910
(See Notes to Financial Statements)
(See Independent Accountant's Review Report)
(4)
LANDSCAPE ART, INC.
STATEMENTS OF CASH FLOWS (CONTINUED)
For the Years Ended December 31, 2018 and 2017
2018 2017
Supplemental Cash Flows Information:
Cash paid during the year for:
Interest $ 133,262 $ 80,178
Income taxes $ 12,820 $ 29,279
Schedule of Noncash Investing and Financing Activities:
Property acquired through the assumption of debt
$ $ 288,306
(See Notes to Financial Statements)
(See Independent Accountant's Review Report)
(5)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Nature of Operations
Landscape Art, Inc. (the "Company") was incorporated in the state of Texas on
September 26, 1995. The Company specializes in the installation of commercial landscaping, irrigation
systems, and hardscape in the greater Houston and Galveston, Texas area.
Contract work is performed under time -and -material, fixed -price, and cost -plus -fee
contracts. The length of the Company's contracts varies, but is typically less than one year. In
accordance with normal practice in the construction industry, the Company includes asset and liability
accounts relating to outstanding contracts in current assets and liabilities even when such amounts are
realizable over a period in excess of one year.
Basis for Reporting Income from Construction Contracts
The Company follows the practice of recording revenues on fixed -price and cost -plus -fee
construction contracts using the percentage -of -completion method, measured by the percentage of costs
incurred to date to estimated total costs for each contract, commencing when progress reaches a point
where experience is sufficient to estimate final results with reasonable accuracy. This method is used
because management considers contract costs to be the best available measure of progress on the
contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the
estimates used will change within the near term.
Time and material contract revenues and costs are recognized as work is performed.
Contract costs include all direct material, labor, and subcontract costs and those indirect
operating costs related to contract performance. General and administrative costs are charged to expense
as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which
such losses are determined. Changes in job performance, job conditions, and estimated profitability,
including those arising from final contract settlements, may result in revisions to costs and income and are
recognized in the period in which the revisions are determined. An amount equal to contract costs
attributable to claims is included in contract revenue when realization is probable and the amount can be
reliably estimated.
The asset "costs and estimated earnings in excess of billings on uncompleted contracts"
represents revenues recognized in excess of amounts billed. The liability "billings in excess of costs and
estimated earnings on uncompleted contracts" represents billings in excess of revenues recognized.
Cash and Cash Equivalents
The Company considers cash and cash equivalents to include cash on hand and in banks and
other short-term highly liquid instruments with original maturities of three months or less.
(See Independent Accountant's Review Report)
(6)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Accounts Receivable
Accounts receivable from performing landscaping, irrigation, and hardscape contracts are
based on contract prices and are recorded when the contracts are billed, net of an allowance for doubtful
accounts. The allowance for doubt accounts is estimated based on the Company's historical losses, the
existing economic conditions of the industry, and the financial stability of its customers. Receivables are
written off when they are determined to be uncollectible.
Property and Depreciation
Property is stated at cost, less accumulated depreciation. Depreciation expense is computed
using straight-line methods over the estimated useful lives of the related assets. Expenditures for
additions, major renewals, and betterments are capitalized, and maintenance and repairs are charged to
expense as incurred. Depreciation expense totaled $389,286 and $385,497 for the years ended
December 31, 2018 and 2017, respectively, and is included in general and administrative expenses in the
statements of operations and retained earnings.
Income Taxes
The Company, with the consent of its stockholders, elected under the Internal Revenue Code
(IRC) to be taxed as an S corporation. In lieu of corporate federal income taxes, the stockholders of an S
corporation are taxed personally on the Company's taxable income. Accordingly, no provision for federal
income taxes has been included in the accompanying financial statements.
The Company is subject to the state of Texas gross margin tax. The provision for the state
income tax has been included in the accompanying financial statements in the statements of operations
and retained earnings.
Management evaluated the Company's tax positions and concluded that the Company had
taken no uncertain tax positions that require adjustment to the financial statements. There were no tax -
related interest or penalties for the years ended December 31, 2018 or 2017. With few exceptions, the
Company is no longer subject to income tax examinations by the U.S. federal, state, or local tax
authorities for years before 2015.
Sales Tax
Various state jurisdictions impose a sales tax on the Company's sales to nonexempt
customers. The Company collects that sales tax from customers and remits the entire amount to the
appropriate state. The Company's accounting policy is to exclude the tax collected and remitted to the
state from contract revenue and cost of contract revenue.
(See Independent Accountant's Review Report)
(7)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Advertising and Marketing Costs
Advertising and marketing costs are expensed as incurred and are included in general and
administrative expenses in the accompanying statements of operations and retained earnings. Total
advertising and marketing expenses were $3,748 and $29,872 for the years ended December 31, 2018 and
2017, respectively.
Estimates
The preparation of financial statements in conformity with accounting principles generally
accepted in the United States of America requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the
date of the financial statements and the reported amounts of revenues and expenses during the reporting
period. Actual results could differ from those estimates. Management believes that these estimates and
assumptions provide a reasonable basis for the fair presentation of the financial statements.
Recent Accounting Pronouncements
In May 2014, the Financial Accounting Standards Board (FASB) issued Accounting
Standards Update (ASU) 2014-09, Revenue from Contracts with Customers (Topic 606). ASU 2014-09
supersedes the revenue recognition requirements in Topic 605, Revenue Recognition, and most industry -
specific guidance throughout the Industry Topics of the Codification. Additionally, this update
supersedes some cost guidance included in Subtopic 605-35, Revenue Recognition —Construction -Type
and Production -Type Contracts. In addition, the existing requirements for the recognition of a gain or
loss on the transfer of nonfinancial assets that are not in a contract with a customer (for example, assets
within the scope of Topic 360, Property, Plant, and Equipment, and intangible assets within the scope of
Topic 350, Intangibles —Goodwill and Other) are amended to be consistent with the guidance on
recognition and measurement (including the constraint on revenue) in ASU 2014-09. ASU 2014-09, as
further amended by ASU 2015-14, is effective for annual reporting periods beginning after December 15,
2018.
In February 2016, the FASB issued ASU 2016-02, Leases (Topic 842). ASU 2016-02
requires companies that lease assets to recognize on their balance sheets the assets and liabilities for the
rights and obligations generated by leases longer than a year. ASU 2016-02 is effective for fiscal years
beginning after December 15, 2019, with early adoption permitted. The guidance is required to be
applied by the modified retrospective transition approach.
Management is currently evaluating the impact these ASUs will have on the Company's
financial statements.
(See Independent Accountant's Review Report)
(8)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 2 - ACCOUNTS RECEIVABLE
Accounts receivable consist of the following at December 31, 2018 and 2017:
2018
Trade
Retainage
Shareholder
Other
Employee
Less: Allowance for doubtful accounts
2017
$2,764,752 $1,257,078
306,700 262,451
48,052
19,042 8,093
41,101 6,268
3,131,595 1,581,942
3,984
$3,131,595
NOTE 3 - COSTS, ESTIMATED EARNINGS, AND BILLINGS ON UNCOMPLETED
CONTRACTS
$1,577,958
Costs, estimated earnings, and billings on uncompleted contracts consist of the following at
December 31, 2018 and 2017:
Costs incurred on uncompleted contracts
Estimated earnings
Less: Billings to date
Included in the accompanying balance
sheets under the following captions:
Costs and estimated earnings in excess
of billings on uncompleted contracts
Billings in excess of costs and estimated
earnings on uncompleted contracts
2018
$ 2,439,185
800,557
3,239,742
(3,236,265)
$ 3,477
$ 125,462
(121,985)
$ 3,477
(See Independent Accountant's Review Report)
2017
$ 4,655,615
1,317,534
5,973,149
(5,857,504)
$ 115,645
$ 234,634
(118,989)
$ 115,645
(9)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 4 - BACKLOG
The following schedule of backlog represents signed contracts in existence at December 31, 2018
and 2017 and the activity for the years:
Balance, beginning of year
New contracts and adjustments
Less: Contract revenue earned
Balance, end of year
NOTE 5- PROPERTY
2018
$ 3,104,792
17,930,372
21,035,164
11,128,582
$ 9,906,582
2017
$ 3,621,355
11,292,320
14,913,675
11,808,883
$ 3,104,792
A summary of property and related accumulated depreciation at December 31, 2018 and 2017 is as
follows:
Asset Description
Buildings and improvements
Equipment
Vehicles
Computers and software
Land
Less: Accumulated depreciation
Useful Lives
20 - 30 years
3 - 10 years
3 - 10 years
2 - 5 years
2018 2017
$ 210,881 $ 206,481
1,312,335 1,277,204
1,199,802 1,185,730
20,530 20,530
188,351 169,465
2,931,899 2,859,410
2,107,480 1,718,194
$ 824,419
NOTE 6 - ACCOUNTS PAYABLE
Accounts payable consist of the following at December 31, 2018 and 2017:
2018
Trade
Retainage
(See Independent Accountant's Review Report)
$736,436
24,496
$760,932
$1,141,216
2017
$541,169
99,351
$640,520
(10)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 7 - LINE OF CREDIT
The Company has a $2,000,000 line of credit with a financial institution with interest at the
lender's prime rate (5.50% and 4.50% at December 31, 2018 and 2017, respectively) plus 1.50%, but not
less than 6%, interest only payments due monthly with all principal and accrued interest due on demand,
but if no demand is made, due October 2019. The line of credit is collateralized by substantially all assets
of the Company and is personally guaranteed by the majority stockholder of the Company. The
agreement contains certain financial covenants that require the Company to maintain certain leverage
ratios. At December 31, 2018 and 2017, the Company was in compliance with the covenants. At
December 31, 2018 and 2017, the Company had outstanding balances of $1,751,005 and $393,197,
respectively, on the line of credit.
NOTE 8 - LONG-TERM DEBT
Long-term debt at December 31, 2018 and 2017 consists of the following:
2018
Notes (34 and 28 in 2018 and 2017, respectively), payable to financial
institutions in monthly installments including interest at rates ranging
from 0.00% - 7.00% per annum, maturing at various dates through
2027, personally guaranteed by the owners and collateralized by land,
machinery, equipment, and vehicles
2017
$1,080,279 $1,349,307
Debt issuance costs, net accumulated amortization of $3,820 (34,376)
Less: Current maturities
1,045,903 1,349,307
175,138 272,434
$ 870,765 $1,076,873
At December 31, 2018, future annual maturities of long-term debt are as follows:
For the Year Ending December 31:
2019 $ 175,138
2020 156,058
2021 121,698
2022 81,063
2023 87,651
Thereafter 424,295
$1,045,903
(See Independent Accountant's Review Report)
LANDSCAPE ART, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 2018 and 2017
NOTE 9 - CONCENTRATIONS OF CREDIT RISK
Financial instruments that potentially subject the Company to concentrations of credit risk
principally consist of cash and accounts receivable. The Company places its cash balances with high
credit quality financial institutions. The Company bids for and negotiates work as a subcontractor.
Contracts in progress are on projects located primarily in Texas. Collections of accounts receivable and
future contracts in the area are dependent on the local economies. Management believes that the risk of
loss is minimal and that its contract acceptance, billing, and collection policies are adequate to minimize
potential credit risk. In addition, management can file liens on construction projects where problems are
anticipated.
The Company is exposed to credit loss in the event of nonperformance by subcontractors. At
December 31, 2018 and 2017, management was not aware of any potential nonperforming subcontractors
that would have a material effect on the financial statements.
Two customers comprised 60% and four customers comprised 65% of the Company's receivables
at December 31, 2018 and 2017, respectively.
The Company had contract revenues from three customers totaling 42% and 40% for the years
ended December 31, 2018 and 2017, respectively.
NOTE 10 - OPERATING LEASE
The Company leases office space from a third -party entity on a one-year term. Total rent related to
leases was $11,600 and $13,200 for the years ended December 31, 2018 and 2017, respectively.
NOTE 11 - BENEFIT PLAN
The Company has a defined contribution plan under Section 401(k) of the IRC for the benefit of all
employees who have met certain age and length -of -service requirements. Under this plan, employees
may elect to make contributions pursuant to a salary reduction agreement. Each year, the Company may
make a matching contribution to the plan on behalf of the participating employees. Employer
contributions to the plan are at the discretion of the Company. For the year ended December 31, 2018,
the Company did not contribute to the plan. For the year ended December 31, 2017 the Company
contributed $2,937 to the plan.
NOTE 12 - SUBSEQUENT EVENTS
The Company has evaluated subsequent events through May 1, 2019, the date the financial
statements were available to be issued.
(See Independent Accountant's Review Report)
(12)
LANDSCWE ART
4.1.6 Narrative Description and Schedule of Offeror's Plan for Accomplishing the
Work and Services to be Provided to the City. Include Approach and
Understanding of the Project and for Provision of Required Documentation.
Landscape Art will procure the plants and trees within two months of being awarded the contract. To
do that, we would hope to have an estimated flow of work from the architect. This would not need to
be exact, but we would need an idea of where the construction project would begin, so we could
estimate quantities of trees and plants needed first. We would work closely with Clark Condon, the
highway contractor and City of Pearland to figure out the best estimate, so we can provide accurate
information to the growers.
Landscape Art currently has growers committed to growing the plant material for this project. We have
talked through potential scheduling challenges with them, and they understand that this project will
require a great deal of communication to make sure we stay on track throughout the project. We would
want to estimate a quantity of trees/plants needed for the beginning of planting, middle of planting,
and end of planting. To have a planting window of one year is possible, with the knowledge that the
plant material will be grown over the span of two growing seasons. This means that if we estimate too
few trees/plants at the beginning, we may have a gap for a few months until the next crop is ready. This
could also go the opposite way, meaning that if we substantially overestimate the quantities, we run the
risk of putting the grower in a tough position of having trees/plants, but not having a jobsite that is
ready to receive them. We feel that with constant communication on project progress, we will be able
to pinpoint exactly what the job needs are as they get closer to planting time.
Landscape Art will produce a submittal with photographs and source information for all specified plant
material. Once approved, tagging trips will be scheduled in coordination with the architect and grower.
Progress checks will be made in each October, February, May, and July by Landscape Art to ensure that
the growing of the trees/plants is in line with the projected install dates. This will allow us to monitor
the growth of the trees/plants throughout the growing process. Photographs will be submitted with the
Application of Payment for the months specified above. We will continue to monitor trees/plants on
this schedule until all plant material has been delivered to the jobsite. This will be documented in our
Job Documentation spreadsheet mentioned in 4.1.4.
Once construction begins, Landscape Art will communicate regularly with the construction contractor
regarding projected delivery dates to the jobsite. Landscape Art intends to have the trees/plants
delivered to the site, per the delivery requests of the contractor. Landscape Art understands that the
trees/plants will be subject to the approval of the architect, construction contractor, and City of
Pearland. We would expect the delivery truck to be onsite until the contractor has unloaded all plant
material.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
LANDScAPE Aiu
4.1.7 Quality Assurance Plan
Statement of Policy
At Landscape Art, our goal is to provide quality material and workmanship with the intent to meet or
exceed City of Pearland's expectations and satisfaction. Landscape Art's quality control plan will be
implemented to ensure that the procedures performed are in compliance with the plans and specifications
under this contract. The quality control measures as presented herein include project organization,
implementation, inspection and safety.
Project Organization
Landscape Art's key personnel assigned to this project are very qualified and possess the knowledge and
experience necessary to perform the scope of work in this contract. Each has acquired an irrigation license
through the Texas Commission on Environmental Quality.
Vice President / General Manager — J.H. Williams, LI5635
Jay will oversee the project at a corporate level and be kept informed of the project's progress to maintain
that the project goals are being met. His primary responsibilities will be to:
• Communicate with the Project Managers and Quality Control Manager regarding all aspects of the
project
• Resolve any problems or issues that cannot be resolved by the Project Managers and Quality
Control Manager
• Periodically visit site while project is in progress and again upon final completion to examine work
Project Manager / Procurement Manager — Rebecca Dubiski, LI0022288
Rebecca will oversee the project to ensure that it is successfully executed to City of Pearland's satisfaction.
She will be responsible for:
• Familiarizing herself with a thorough understanding of the scope of work
• Processing submittals according to project specifications
• Submitting RFI's as necessary
• Submitting change proposals and processing all change orders as necessary
• Conducting preparatory inspection of site prior to beginning of work
• Attending preconstruction and construction meetings
• Coordinating with architect on hand selection of all specimen trees
• Provide Architect and Owner with plant material location data and contract growing schedule
• Determining permit requirements, if any
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
• Reviewing the project's progress to maintain that we are meeting the project goals and scheduling
requirements
• Communicating with the Quality Control Manager regarding scheduling and progress
• Making routine visits to the site to acquaint herself with the personnel and procedures
Quality Control Manager — Porfirio Martinez, IT0000351
Porfirio will be the primary contact person at the site with whom the client will interact with on a daily basis.
He will be responsible for:
• Ensuring that all tasks are conducted in accordance with the project specifications
• Procuring the appropriate resources to complete the project
• Making sure the site is maintained and secure
• Ensuring that all activities are carried out in compliance with our company's and the site's safety
plans
Implementation
Prior to mobilization, a plan review will be conducted to achieve the following:
• Review submittal and contract requirements to verify that all materials conform to specifications
• Determine lead time on materials within scope of work
• Examine the work area
• Procure any permits required
• Instruct each worker on the level of workmanship required to meet contract specifications
• Review safety requirements
Prior to the commencement of every task, a meeting will be conducted to achieve the following:
• Inspection of materials for quality control and the purpose of identifying any defects
• Review of safety requirements
• Examination of the work area
Inspection
To ensure that the planting material complies with the project specifications, the Project Manager and
Quality Control Manager will conduct ongoing site inspections during and upon final completion of the
project.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
LANDSCAPE Aiu
4.1.7 Safety Program
The personal safety and health of each employee of Landscape Art, Inc. are of primary importance. To the greatest
degree possible, management will provide all mechanical and physical facilities required for personal safety and
health in keeping with the highest standards.
We will maintain a safety and health program conforming to the best practices of organizations of this type. To be
successful, such a program must embody the proper attitudes toward injury and illness prevention on the part of
both the supervisors and employees. It also requires cooperation in all safety and health matters, not only between
supervisor and employee, but also between each employee and his or her fellow workers. Only through such a
cooperative effort can a safety program in the best interest of all, be established and preserved.
Our objective is a safety and health program that will reduce the number of injuries and illnesses to an absolute
minimum, not merely in keeping with, but surpassing, the best experience of other operations similar to ours.
Our safety and health program will include:
o A safety coordinator for each facility (Project Manager)
o Training all employees in safety and health practices
o Provide necessary personal protective equipment (PPE) and instruction for its use and care.
o Developing and enforcing safety and health rules and requiring that employees cooperate with these
rules as a condition of employment.
o Investigating, promptly and thoroughly, every accident to find out what caused it and to correct the
problem, so that it will not happen again.
o Maintaining an effective safety committee comprised of both management and employee personnel.
o An efficient medical/first-aid program so all injuries, no matter how major or minor, are treated
properly.
o Conduct weekly safety meetings on all jobs.
General Rules Applying to all Construction Jobs
• All unsafe conditions must be reported to the foreman or safety personnel as soon as they are observed.
• Take the time to warn any new or inexperienced employees working with you of any work hazards of which
you are aware.
• Do not try to work flashy and fast. A smooth, well-balanced work cycle is safer and more productive.
• Make a habit of good housekeeping. Keep your tools picked up. Do not leave materials and scrap where
they may become a hazard to other workmen.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
• Reporting for work under the influence of, possession and/or use of unauthorized drugs and/or alcoholic
beverages at the job site are strictly prohibited.
• Materials should be stored in such a way that they will not fall over or block passageways.
• Possession of use of weapons, firearms, or explosives on the job site is strictly prohibited.
• Do not operate power tools or machines when using medication, which may cause drowsiness or alter
behavior.
Proper Clothing and Personal Protective Equipment
• Workers will wear hard-hats on construction sites where required.
• Workers must be fully clothed at all times. This includes:
o SHIRT — Must be worn to prevent sunburn and cuts
o TROUSERS — Must be full length and trim fitting
o SHOES — Must wear steel toed work boots
o Class II Safety Vest
• Appropriate work gloves must be worn when handling objects which are apt to cut, tear or burn the hands.
• Workers will wear safety glasses on construction sites at all times.
• Fall protection will be required by all employees working in places 6 ft. or higher. The competent person
must determine what protective method shall be used to protect employees from falling, and a rescue plan
discussed to comply with OSHA standard on fall protection.
• Workers will wear dust masks when required.
Emergency Response Procedures
Accidents can happen and do occur. One of the key elements is knowing what to do if an accident happens. The
following action items should be followed in case of an accident.
• Assess the situation
• Call 911
• Provide 911 with the following information:
o Location of the accident scene
o Type of emergency; injury, fatality, fire, explosion, etc.
o Your name and phone number
o Stay on the line until released by the dispatcher
• Do not expose yourself or anyone else to any immediate danger
• After the area is secure and safe, check the individual and ask them to remain calm; do not move the victim
unless they are exposed to a more life threatening situation.
• Secure the accident scene and limit access to prevent further accidents and to keep the accident area
undisturbed.
• Notify the main office of the situation.
First Aid
• If an accident should occur, after getting help for the injured party, the foreman should:
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
o Call Carmelo Orellana and Landscape Art, Inc.'s office immediately
o Tie up any loose materials (if he must leave the job site to accompany the injured party to the
hospital doctor).
o Correct unsafe conditions
• A first aid kit will be kept on every job in the crew truck.
Good Housekeeping
Good housekeeping practices save time and help make our work area safer. Housekeeping must be ongoing,
conducted daily, and never put off. Each employee is required to pick up, throw out and put away as they go.
Workers are required to adhere to the following rules:
• Never leave trash, garbage or debris haphazardly around your work area. Place in designated disposal area.
• Clean up any spills or leaks immediately.
• Ensure that cords or other trip hazards are not left in walkways.
• Watch out for accumulation of fire hazards such as grease rags, chemicals or electrical hazards.
• Ensure that flammables or hazardous chemicals are stored and disposed of properly.
• Never leave hazards exposed. Provide barriers, signs and warnings.
• Ensure that all machine and equipment guards are in place and secure.
• Keep tool boxes neat, clean and orderly.
• Never leave sharp tools unattended or sharp edges exposed.
• Immediately clean up any glass, nails, or other laceration/puncture hazards.
Equipment Safety
• All workers operating equipment must be properly trained in safe operations of the equipment.
• Ensure all controls are in neutral position before starting the machine.
• Keep operators cab free of clutter. Any tools or personal equipment must be secured.
• Check tires for proper inflation
• Keep load as low as possible while traveling and reduce speed when making a turn.
• Keep speeds low on rough terrain or when operating equipment around personnel.
• Stop machine slowly and smoothly to keep from inadvertently reversing the direction of travel which may
tip the machine or dislodge the load.
• Do not load trucks, bins or equipment with personnel in close proximity
• Check for overhead lines of obstructions before raising bucket.
• Never use loader bucket for a man -lift.
• Do a walk around to make sure area is clear prior to operating.
• Do not allow tires to spin while picking up or pushing a load.
• Never walk, work, or allow personnel under the bucket of the loader.
• Use extreme caution on slopes. Do not raise the bucket unless the loader is facing directly up -slope.
• Use extreme caution when operating near an excavation as weight of load may cause bank to slough off.
• Equipment inspection before use is mandatory
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
LANDsCWE ABZ
4.1.8 Major Suppliers
1. Just Trees- Tomball, TX
2. Enchanted Trees- Waller, TX
3. Petra Farms- Miami, FL
Just Trees is the major supplier of the trees for the project. Enchanted Trees will be used also, with
some additional suppliers to fill in gaps. Petra Farms will be growing the Oleanders for the project.
Grower Project Experience- Just Trees
1. Pearland SH 35- City of Pearland (Valerie Marvin- 281-997-3000)
• Provided a total of 739 trees to the project, ranging in size from 45 gallon to 65 gallon.
• Of the 739 total trees, 467 of those were custom grown specifically for the project.
2. Lower Kirby Drive Entryway & Corridor Enhancements- City of Pearland (Valerie Marvin-
281-997-3000)
• Provided a total of 302 trees to the project, ranging in size from 15 gallon to 65 gallon.
3. Houston Methodist West Hospital- Vaughn Construction (General Contractor- Blake Poncio-
713-984-4459)
• Provided a total of 75 trees to the project, ranging in size from 100 gallon to 200 gallon.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
LANDScAPE AKI
4.1.9 Distinguish Offeror's Duties and Responsibilities and those of the City
Landscape Art will procure and deliver quality trees/plants to the jobsite, based on coordination with
the construction contractor. It will be our responsibility to get the trees/plants to the jobsite on the
specified dates provided by the construction contractor, and to communicate the delivery schedules to
the architect and city. Trees/plants are the responsibility of Landscape Art until they are offloaded from
the delivery truck at the jobsite by the construction contractor. It is the city's responsibility to have a
representative onsite when the trees/plants are delivered, if they wish to provide input on each delivery.
Landscape Art also has the responsibility to be in constant communication with the growers to update
them on project progress. We will adjust the quantities based on the construction progression. It is our
duty to monitor growth of plant material to ensure they will meet specs when delivered to jobsite.
Should the project get delayed beyond the projected install dates ending June 2021, we will coordinate
with the city for extended on -site holding.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtinc.com
LANDSCAPE ARI
4.1.10 Bond Rating / Claims History
Landscape Art has never had project with a claim, litigation, City Engineer's decision,
mediation, or arbitration.
Landscape Art has completed every project we have started.
Landscape Art has never been removed from a bidder's list or disqualified from a job or bid.
Landscape Art has bonding capacity to $10,000,000 and bond rating of A -Excellent through
the Merchants Bonding Company, 9500 Arboretum Blvd., Suite 100, Austin, Texas 78759.
Our underwriter is Keenan Lehmann and our agent is Cheryl Colson (832-702-8335) at USI,
25025 Interstate 45, Suite 525, The Woodlands, Texas 77380.
2303 Dickinson Avenue, League City, TX 77573 • 281-309-0500 • Fax 281-309-0202
www.LandscapeArtlnc.com
Preliminary Procurement Schedule
City of Pearland
LAANDSCAPEAKTI
Description
cn
a-i
i
Aug-19
a1
,-I
a
GJ
vs
cn
ri
4
cJ
o
01
a-i
>
o
z
a1
,-I
6
v
o
0
r.i
(6
0
N
_
a,
u-
Mar-20
0
N
L
Q
a
0
N
a
CO
g
0
es,N
=
-,
0
7
0
N
co
7
<
0
(NI
o.
a)U
LA
0
(NIN
4.
0
0
>
0
z
0
MI
a
4J
0
ri
N
ca
% i
N
4J
u..
,—Iri
N
as
g
N
Q
a
May-21
ri
MI
7
ri
(NI
3
Contract Award
Procurement
Submittals / Tagging
Progress Check / Photographs
Progress Payment / Deposits
First Anticipated Delivery
Progress Payment
Second Anticipated Delivery
Progress Payment
Third Anticipated Delivery
Progress Payment
Fourth Anticipated Delivery
Progress Payment
Clark Condon
June 2019
Line Item Worksheet
Exhibit C
Pearland SH 288 BW8 to CR59
Issue For Bid
All Bidders shall provide unit prices for all items included in the work. In the event a greater or lesser amount of work is done,
the following unit prices will apply. Unit prices cover the cost of work and materials complete in place, including materials,
equipment, labor, installation, delivery, taxes, overhead, profit, maintenance, and guarantee required to render complete.
ITEM
No.
ITEM
QTY. UNIT UNIT COST EXTENSION
Softscape Items
1. Texas Red Bud - 30 gal. 271 EA 156.15
2. Natchez Crape Myrtle - 30 gal. 116 EA 134.15
3. Southern Magnolia - 65 gal. 138 EA 392.65
4. Southern Magnolia - 30 gal. 359 EA 137.82
5, Southern Magnolia -15 gal. 221 EA 76.66
6. Mexican White Oak - 45 gal. 138 EA 222.15
7. Mexican White Oak - 30 gal. 398 EA 131.44
8. Mexican White Oak -15 gal. 310 EA 73.37
9. Live Oak -100 gal. 642 EA 609.72
10. Bald Cypress - 65 gal. 153 EA 365.15
11. Cedar Elm - 65 gal. 182 EA 392.65
12. Cedar Elm - 30 gal. 398 EA 129.00
13. Cedar Elm -15 gal. 354 EA 57.90
14. Cedar Elm - 5 gal. 266 EA 17.55
15. Pink Oleander 'Hardy Pink' - 5 gal. 777 EA 11.55
16. White Oleander 'White' - 5 gal. 777 EA 11.55
17. Red Oleander 'Hardy Red'- 5 gal. 778 EA 11.55
18. Pink Oleander 'Hardy Pink' - 7 gal. 1,659 EA 20.35
19. White Oleander 'White' - 7 gal. 1,659 EA 20.35
20. Red Oleander 'Hardy Red - 7 gal. 1,660 EA 20.35
42,316.65
15,561.40
54,185.70
49,477.38
16,941.86
30,656.70
52,313.12
22,744.70
391,440.24
55,867.95
71,462.30
51,342.00
20,496.60
4,668.30
8,974.35
8,974.35
8,985.90
33,760.65
33,760.65
33,781.00
Total Softscape Items 1,007,711.80
Total Base Bid 1,007,711.80
III.2/
Clark Condon
June 2019
Line Item Worksheet
Exhibit C
Pearland SH 288 BW8 to CR59
Issue For Bid
ITEM
No. ITEM QTY. UNIT UNIT COST EXTENSION
Allowances: Utilized at the Discression by the Owner
21. Extended On -site Holding - Texas Red Bud - 30 gal. 1 Month 1,490.50 1,490.50
22. Extended On -site Holding - Natchez Crape Myrtle - 30 gal. 1 Month 638.00 638.00
23. Extended On -site Holding - Southern Magnolia - 65 gal. 1 Month 759.00 759.00
24. Extended On -site Holding - Southern Magnolia - 30 gal. 1 Month 1,974.50 1,974.50
P5. Extended On -site Holding - Southern Magnolia -15 gal. 1 Month 1,215.50 1,215.50
26. Extended On -site Holding - Mexican White Oak - 45 gal. 1 Month 759.00 759.00
27. Extended On -site Holding - Mexican White Oak - 30 gal. 1 Month 2,189.00 2,189.00
28. Extended On -site Holding - Mexican White Oak -15 gal. 1 Month 1,705.00 1,705.00
29. Extended On -site Holding - Live Oak -100 gal. 1 Month 3,531.00 3,531.00
30. Extended On -site Holding - Bald Cypress - 65 gal. 1 Month 841.50 841.50
31. Extended On -site Holding - Cedar Elm - 65 gal. 1 Month 1,001.00 1,001.00
32. Extended On -site Holding - Cedar Elm - 30 gal. 1 Month 2,189.00 2,189.00
33. Extended On -site Holding - Cedar Elm - 15 gal. 1 Month 1,947.00 1,947.00
34. Extended On -site Holding - Cedar Elm - 5 gal. 1 Month 1,463.00 1,463.00
35. Extended On -site Holding - Pink Oleander 'Hardy Pink' - 5 gal. 1 Month 1,709.40 1,709.40
36. Extended On -site Holding - White Oleander 'White' - 5 gal. 1 Month 1,709.40 1,709.40
37. Extended On -site Holding - Red Oleander 'Hardy Red'- 5 gal. 1 Month 1,709.40 1,709.40
38. Extended On -site Holding - Pink Oleander 'Hardy Pink' - 7 gal. 1 Month 3,649.80 3,649.80
39. Extended On -site Holding - White Oleander 'White' - 7 gal. 1 Month 3,649.80 3,649.80
40. Extended On -site Holding - Red Oleander 'Hardy Red'- 7 gal. 1 Month 3,649.80 3,649.80
Total Allowances 37,780.60
Alternate No. 1
41. Live Oak - 200 gal. 642 EA 1,342.00 861,564.00
42. Extended On -Site Holding - Live Oak - 200 gal.
1
Month 3,531.00 3,531.00
Total Alternate No.1 865, 095.00
Alternate No. 2
43. Live Oak - 80" MD 642 EA 818.60 525, 541.20
44. Extended On -Site Holding - Live Oak - 80" MD
1
Month 3,531.00 3,531.00
Total Alternate No. 2 529,072.20
111. 3/
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Purchasing Department
281.652.1767 or
281.652.1790
Fax 281.652.1738
Contractor Insurance Requirements & Agreement
Requirements
Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a
certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions
identified herein. Contractor's insurance will be primary payer. Contractors shall provide the City evidence that all
subcontractors performing work on the project have the same types and amounts of coverages as required herein
or that the subcontractors are included under the contractor's policy.
All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact
business in the State of Texas and must be acceptable to the City of Pearland.
Listed below are the types and amounts of insurances required. The City reserves the right to amend or require
additional types and amounts of coverages or provisions depending on the nature of the work.
TYPE OF INSURANCE
AMOUNT OF INSURANCE
PROVISIONS
1.
Workers' Compensation
Employers' Liability
Statutory Limits
$100,000 per occurrence
City is to be listed as additional
insured with wavier of
subrogation and 30 day notice of
cancellation or material change in
coverage.
2.
Commercial General (Public)
Liability to include coverage for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent Contractors
d) Personal Injury
e) Contractual Liability
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence ;
General Aggregate - $1,000,000
3.
Business Auto Liability to include
coverage for:
a) Owned/Leased vehicles
b) Non -owned vehicles
c) Hired vehicles
Combined Single Limit -
$1,000,000
Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(apearlandtx.gov. Questions
regarding required insurance should be directed to City of Pearland Purchasing Department, at
ebids(apearlandtx.gov.
This form must be signed and returned with your bid/quotation. You are stating that you do have the required
insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of
insurance policy with the above requirements to the City. A purchase order will not be issued without
evidence of required insurance.
Agreement
I agree to provide the above described insurance coverages within 10 working days if selected to perform work for
the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors
performing work on the project.
Project/Bid # Plant Procurement Services forlSH 288 Master Plan Improvements Bid #0619-47
Company: Landscape Art, Inc. /-
Signature and Printed Name: J.H. 4 J.H. Williams
CITY OF PEARLAND
LOCAL BIDDER PREFERENCE CLAIM FORM
Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to
consider a vendor's location in the determination of a bid award if the lowest bid received is from a
business outside the municipality and contracting with a local bidder would provide the best combination
of price and other economic benefits to the municipality. The City of Pearland has determined that the
allowable preference shall be applied to local vendor's bids for the purposes of evaluation when requested
in writing by local bidder and when determined to be in the best interest of the City to do so. This
request form and any supporting documentation must be submitted with bid in order to be
considered by the City of Pearland. Questions should be addressed to the Purchasing Department at
281-652-1790. Exclusions to the local preference include expenditures of $3,000 or less, and those
purchases which are: sole -source, emergency, federally -funded, cooperative contracts, or via interlocal
agreement. The local preference status will expire one year from the date of this form; for any subsequent
requests for preference during this period, the applicant need only complete and submit section 3 of this
form.
The City Council requires the following information for consideration of a local bidder preference
(information may be submitted in an attachment to this form):
1. Locational Eligibility: Principal place of business in Pearland, Texas? Principal place of business
is defined herein as any business which owns or leases a commercial building within the City limits and
uses the building for actual business operations.
a. If yes, identify name of business/DBA, address, and business structure: sole proprietorship,
partnership, corporation, or other.
b. Name and city of residence of owner(s)/partners/corporate officers; as applicable.
2. General Business Information:
a. Year business established (Pearland location).
b. Most recent year property valuation (if owned); real and personal property.
c. Annual taxable sales (originating in Pearland).
d. Is business current on all property and sales taxes at the time of this application?
e. Total number of current employees and number of Pearland-resident employees.
3. Economic Development benefits resulting from award of this contract:
a. Number of additional jobs created or retained for Pearland resident -employees?
b. Amount of additional City of Pearland ad valorem and/or sales taxes anticipated? Please
explain how the amount has been determined.
c. Local subcontractors utilized, if applicable: name, location and contract value for each.
d. Other economic development benefit deemed pertinent by applicant.
Local Bidder Preference Claim Form, page 2
Certification of information:
The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof,
under penalty of perjury.
City Bid No./Quote for which the local preference is requested:
Bid No. 0619-47
Landscape Art, Inc. 6/27/19
(Name of Bidder)
(Signature)
(Date)
J.H. Williams
(Print)
THE STATE OF TEXAS §
COUNTY OF Galveston § §
Appeared before me the above -named J.H. Williams , known to me to be the same, and
swore that the information provided in response to the foregoing questions are true and correct to the best
of his/her knowledge and belief, this 27th day of June 20 19
DEBORAH GERt`'.0 NOTARY PUBLIC, STATE OF TEXAS
'(j�� Notary Public, State of Texas Printed Name: Deborah Gerac
YCT: r
Comm. Expires 02-26-2020
- Notary ID 745435-5 !g
2 26-2020
Commission Expires:
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
OFFICE USE ONLY
Date Received
.J Name of vendor who has a business relationship with local governmental entity.
Landscape Art, Inc.
J
that you file an updated
day after the date on which
Check this box if you are filing an update to a previously filed questionnaire. (The law requires
completed questionnaire with the appropriate filing authority not later than the 7th business
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
.1.1 Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
_ILI Describe each employment or other business relationship with the local government officer,
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with
Complete subparts A and B for each employment or business relationship described. Attach
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely
other than investment income, from the vendor?
or a family member of the
the local government officer.
additional pages to this Form
to receive taxable income,
income, from or at the direction
is not received from the
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment
of the local government officer or a family member of the officer AND the taxable income
local governmental entity?
Yes No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
N/A
of the officer one or more gifts
Check this box if the vendor has given the local government officer or a family member
as described in Section 176.003(a)( )(B), excluding described in Section 176.003(a-1).
gifts
I446/27/2019
Signature of vendor doi siness with the governmental entity Date
Form provided by Texas Ethics Commission
www.ethics.state.tx.us
Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission
www.ethics.state.tx.us
Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
As of January 1, 2006, the Texas Local Government Code Chapter 176 requires all
vendors and potential vendors who contract or seek to contract for the sale or purchase of
property, goods, or services with any local government to complete and submit a Conflict
of Interest Questionnaire. In filling out the questionnaire, the following are current City
Council members and City employees who may either recommend or approve bid
awards.
City Council: Mayor
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
City Staff:
City Manager
Director of Finance
Assist. Director of Finance
Budget/Purchasing Manager
Tom Reid
Tony Carbone
Derrick Reed
Gary Moore
J. David Little
Trent Perez
Woody Owens
Adrian Hernandez
Clay Pearson
Cynthia Pearson
Rhonda Daugherty
John McCarter
Address:
Yes No
� El
El El
� El
• RI
El El
o a
• El
I= E
El El
o a
o a
Contractor Questionnaire
1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s) from the
undersigned company?
2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with
the undersigned company?
3. Has the undersigned company failed to meet bid specifications or time limits on other contracts?
4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid?
5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six (36)
month period?
6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty
six (36) month period?
7. Does the undersigned company have adequate equipment, personnel and expertise to complete the proposed
contract?
8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six (36)
month period?
9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private
contractor subcontract, or in the performance of such a contract or subcontract within a ten (10) year period?
10. Has the undersigned company been convicted of a criminal offense within a ten (10) year period of embezzlement,
theft, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of
business integrity or business honesty which might affect responsibility as a municipal contractor?
11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten (10) year period
arising out of submission of bids or proposals?
12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity?
If you answered "yes" to Items 1-6 or 8-12 or answered "no" to Item 7, please attach a full explanation to this questionnaire.
Company Name: Landscape Art, Inc.
2303 Dickinson Avenue, League City, Texas 77573
Name: J.H. Williams
Title: Vice President
(Please Print)
Signature: ���6�N�� Date: 6/27/2019
NON -COLLUSION STATEMENT
"The undersigned affirms that they are duly authorized to execute this contract, that this company,
corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder,
and that the contents of this bid as to prices, terms or conditions of said bid have not been
communicated by the undersigned nor by any employee or agent to any other person engaged in this
type of business prior to the official opening of this bid."
Vendor
Landscape Art, Inc.
Address
2303 Dickinson Avenue, League City, Texas 77573
Phone Number
Fax Number
281-309-0500
281-309-0202
Email Address
danam@landscapeartinc.com
Bidder (Signature) lic?1flc m '?1 Q
Estimator
Position with Company
Signature of Company
Official Authorizing This Bid
J.H. Williams
Company Official (Printed Name)
Official Position
Vice President
House Bill 89 Verification
J.H. Williams (Person name), the undersigned
representative (hereafter referred to as "Representative") of Landscape Art, Inc.
(company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli -controlled territory, but does not include an action
made for ordinary business purposes.
SIGN URE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
27th day of June 2019 ,
DEBORAH GERAC
7.:Notary Public, State of Texas!
rQ= Comm. Expires 02-26-2020
+°,•
Notary ID 745435.5
it!ituax_
Notary Public
BID BOND
KNOW ALL BY THESE PRESENTS, That we, Landscape Art, Inc.
of 2303 Dickinson Ave. League City TX 77573
as Principal, and Merchants Bonding Company (Mutual)
(hereinafter called the Surety), as Surety are held and firmly bound unto City of Pearland
(hereinafter called the Principal),
(hereinafter called the Obligee) in the penal sum of Five Percent of the Greatest Amount Bid
Dollars ($ 5% GAB )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal
to the Obligee on a contract for Plant Procurement Services for SH288. Master Plan Improvements.
NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be
specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful
performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and sealed this 27th day of
Elaine Lewis
Witness
Witness
June , 2019 .
Landscape Art Inc.
BY 1704*
Merchants Bonding Company (Mutual)
By
Cheryl R Colson
(Seal)
Principal
Title
Attorney -in -Fact
MERCHANT'S
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Bryan Lewis; Cheryl R Colson; Cynthia Haslam; Elaine Lewis; Jeanne M Buchan; Kevin McQuain; Melia E Mann; Misty Witt; Rosalyn D Hassell;
Scott D Chapman; Timothy J Maley
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31 st day of August , 2018
•'•�.IONq''•, Y••••-•••
AIG
• •�P •.•) fe,P CO. •• MERCHANTS BONDING COMPANY MUTUAL
)
2 : Z _ o _ v; : _ 9n;1,L BMERCHANTS NATIONAL BONDING, INC.
v'. 2003 ••. :Q' 1933 ••
.'VW •7a• • •b1
4 -,_ K\ . • President
STATE OF IOWA �•'"`""���
COUNTY OF DALLAS ss.
On this this 31st day of August 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
ALICIA K. GRAM
Commission Number 767430
My Commission Expires
April 1, 2020
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this
0
C•O .; •
POA 0018 (3/17)
•
a' 1933 . �•
Y. •Y
Notary Public
al day of
Secretary
,C('1.
MERCHANi
BON DING COMPANY.,,
MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC.
P.O. Box 14498 • DES MOINES. IOWA 50306-3498 (800) 678-8171 • (515) 243-3854 FAX
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc.
P.O. Box 14498
Des Moines, Iowa 50306-3498
(515) 243-8171
(800) 678-8171
Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266
SUP 0073 TX (2/15)
Policy #ACP GLAO 3027990989
COMMERCIAL GENERAL LIABILITY
CG 72 46 11 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS AUTOMATIC STATUS FOR OTHER
PARTIES WHEN REQUIRED IN WRITTEN
CONSTRUCTION AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is. An Insured is amended to
include as an additional insured:
Ongoing Operations
1. Any person or organization for whom you are
performing operations when you and such
person .or organization have agreed in writing
in a contract or agreement that such person
or organization be added as an additional
insured on your policy; and
2. A.ny other person or organization you are
required to add as an additional insured
under the contract or agreement described in
Paragraph 1. above.
Such person(s) or organization(s) is an additional
insured only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations for
the additional insured.
However, the insurance afforded to such
additional insured described above:
a. Only applies to the extent permitted by
law; and
b. Will not be broader than that which you
are required by the contract or agreement
to provide for such additional insured.
A person's or organization's status as an
additional insured for ongoing operations ends
when your operations for the person or
organization described in Paragraph 1. above are
completed.
With respect to insuranceafforded to these
additional insureds for ongoing operations, this
insurance does not apply to "bodily injury" or
"property damage" occurring after:
CG7246 1115
a. All work, including material, parts or
equipment furnished in connection with
such work, on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the
additional insured(s) at the location of the
covered operations has been completed:
or
b: that operation of 'your work" out of which
the injury or damage arises has been put
to its intended use by any person or
organization other than another
contractor or subcontractor engaged in
performing operations for a principal as a
part of the same project.
B. Section II - Who Is An Insured is amended to
include as an additional insured:
Products -Completed Operations
Any person or organization with whom you have
agreed in writing in a contract or agreement that
such person or organization be added as an
additional insured on your policy with respect to
liability for "bodily injury" or "property damage"
caused, in whole or in part, by your work"
performed for such person or organization and
included in the "products -completed operations
hazard":
However, the insurance afforded to such
additional insured described above:
a. Only applies to the extent permitted by
law; and
b. Will not be broader than that which you
are required by the contract or agreement
to provide for such additional insured.
C. With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to "bodily injury", "property damage" or "personal
and advertising injury" arising out of the rendering
Includes copyrighted material of Insurance Services Office, Inc.
with its permission.
ACP GLAO3007990989 LQAO 17018 INSURED COPY
Page 1 of 2
46 0037541
CG 72 46 11 15
of, or the failure to render, any professional
architectural, engineering or surveying services,
including:
1. The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of, or
the failure to render, any professional
architectural, engineering or surveying services.
D. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement
described in Paragraph A.1. or Paragraph B.;
or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
E. With respect to the insurance afforded to these
additional insureds, the following is added to
Section IV — Commercial General Liability
Conditions, Condition 4. Other Insurance and
supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance
available to an additional insured under your
policy provided that:
(1) The additional insured is a Named
Insured under such other insurance; and
(2) You have agreed in writing in a contract
or agreement that this insurance would
be primary and would not seek
contribution from any other insurance
available to the additional insured.
All terms and conditions of this policy apply unless modified by this endorsement.
Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.
with its permission.
ACP GLAO3007990989 LQAO 17018 INSURED COPY
CG 72 46 11 15
46 0037542
Policy #ACP GLAO 3027990989
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG74 31 05 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TEXAS ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Blanket
(If no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
A. Section II — Who Is An Insured is amended to B.
include as an additional insured the person or or-
ganization shown in the Schedule, but only with re-
spect to liability for "bodily injury", "property dam-
age" or "personal and advertising injury" caused, in
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf; in the performance of your ongoing op-
erations for the additional insured(s) at the loca-
tions) designated above.
No such person or organization is an additional in-
sured for liability arising out of the "products -
completed operations hazard".
However, if you have entered into a construction
contract subject to Subchapter C of Chapter 151 of
Subtitle C of Title 2 of the Texas Insurance Code
with the additional insured, the insurance afforded
to such person only applies to the extent permitted
by Subchapter C of Chapter 151 of Subtitle C of
Title 2 of the Texas Insurance Code.
CG 74 31 0512
C.
With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or re-
pairs) to be performed by or on behalf of the
additional insured(s) at the location of the cov-
ered operations has been completed; or
2. That portion of "your work" out of which the in-
jury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
With respect to the insurance provided to the per-
son or organization shown in the Schedule Condi-
tion 4. Other Insurance of Section IV - Commer-
cial General Liability Conditions is replaced by
the following:
Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2
with its permission.
CG 74 31 05 12
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have
agreed in a written contract or written
agreement:
(1) That this insurance be primary. If other
insurance is also primary, we will share
with all that other insurance as de-
scribed in c. below; or
(2) The coverage afforded by this insur-
ance is primary and non-contributory
with the additional insured's own insur-
ance.
Paragraphs (1) and (2) do not apply to oth-
er insurance to which the additional insured
has been added as an additional insured or
to other insurance described in paragraph
b. below.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(a) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(b) That is fire, lightning, or explosion
insurance for premises rented to
you or temporarily occupied by you
with permission of the owner;
(c) That is insurance purchased by
you to cover your liability as a te-
nant for "property damage" to pre-
mises rented to you or temporarily
occupied by you with permission of
the owner; or
(d) If the loss arises out of the main-
tenance or use of aircraft, "autos"
or watercraft to the extent not sub-
ject to Exclusion g. of Section I —
Coverage A — Bodily Injury And
Property
(e) That is any other insurance availa-
ble to an additional insured under
this endorsement covering liability
Page 2 of 2
for damages arising out of the
premises or operations, or products
completed operations, for which the
additional insured has been added
as an additional insured by that
other insurance.
2) When this insurance is excess, we will
have no duty under Coverages A or B
to defend the additional insured against
any "suit" if any other insurer has a duty
to defend the additional insured against
that "suit". If no other insurer defends,
we will undertake to do so, but we will
be entitled to the additional insured's
rights against all those other insurers.
When this insurance is excess over
other insurance, we will pay only our
share of the amount of the Toss, if any,
that exceeds the sum of:
(a) The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(b) The total of all deductible and self -
insured amounts under all that oth-
er insurance.
(4) We will share the remaining loss, if
any, with any other insurance that is
not described in this Excess Insurance
provision and was not bought
specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance available to the
additional insured permits contribution by
equal shares, we will follow this method al-
so. Under this approach each insurer con-
tributes equal amounts until it has paid its
applicable limit of insurance or none of the
loss remains, whichever comes first.
If any of the other insurance available to the
additional insured does not permit contribu-
tion by equal shares, we will contribute by
limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable lim-
its of insurance of all insurers.
(3)
All terms and conditions of this policy apply unless modified by this endorsement.
Includes copyrighted material of Insurance Services Office, Inc. CG 74 31 05 12
with its permission.
Policy #ACP GLAO 3027990989
COMMERCIAL GENERAL LIABILITY
CG 73 23 12 16
THIS ENDORSEMENT. CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT
INCLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Lost Key Coverage D.
1. Under Section I — Coverages, Coverage A
Bodily Injury And Property Damage
Liability, coverage is extended to include
the following:
If a customer's master or grand key,
excluding electronic key card, is lost,
damaged or stolen while in your care,
custody or control we will pay the cost of
replacing the keys, including the master lock
and all keys used in the same lock, the cost
of adjusting locks to accept the new keys, or
the cost to replace the locks, whichever is
less.
2. Limit of Insurance — For the purpose of this
coverage the most we will pay is $ 10,000
per "occurrence".
B. Voluntary Property Damage
1. Section I — Coverages, Coverage A Bodily
Injury And Property Damage Liability,
coverage is extended to include the following:
At your request, we will pay for "property
damage" to property of others caused by you
and while in your possession, arising out of your
business operations and occurring during the
policy period.
2. Limit of Insurance — For the purpose of this
coverage the most we will pay is $1,500 per
"occurrence".
C. Non -Owned Watercraft
Under Section I — Coverages, Coverage A
Bodily Injury And Property Damage Liability,
2. Exclusions, Exclusion g. Aircraft, Auto Or
Watercraft Paragraph (2) (a) is replaced with:
(a) Less than 51 feet long; and
Expanded Property Damage Coverage
1. For the purposes of this endorsement only:
Section 1 — Coverages, Coverage A
Bodily Injury And Property Damage
Liability, 2. Exclusions, . Exclusion j.
Damage To Property is amended as follows:
a. Paragraphs (3), (5), and (6) are deleted
in their entirety.
b. Paragraph (4) is deleted in its entirety
and replaced with:
(4) Personal property in the care,
custody, or control of the insured:
(a) for storage or sale at premises
you own, rent or occupy; or
(b) while being transported by any
aircraft, "auto" or watercraft
owned or operated by or rented
to or loaned to any insured.
c. The coverage provided by this
endorsement does not apply to
"property damage":
(1) Arising out of the disappearance or
loss of use of personal property; or
(2) Included in the "products -completed
operations hazard".
2. Limit of Insurance - The most we will pay
for Toss arising out of any one "occurrence"
is $5,000.
3. Deductible - Our obligation to pay for a
covered loss applies only to the amount of
loss in excess of $250.
We will pay the deductible amount to effect
settlement of any claim or "suit" and, upon
notification of this action having been taken,
you shall promptly reimburse us for the
deductible as has been paid by us.
CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5
with its permission.
CG 73 23 12 16
This insurance is primary to any expanded
property damage coverage provided by a
separate endorsement attached to this
policy, and it will supplant any deductible in
said endorsement
E. Damage To Premises Rented To You
1. Under Section I — Coverages, Coverage A
Bodily Injury And Property Damage
Liability, the last paragraph of 2.
Exclusions is replaced with:
If Damage To Premises Rented To You is
not otherwise excluded, Exclusions c.
through n. do not apply to damage by fire,
lightning, explosion, smoke, or sprinkler
leakage to premises while rented to you or
temporarily occupied by you with permission
of the owner.
2. Under Section III — Limits Of Insurance,
Paragraph 6 is replaced with:
6. Subject to 5. above, the Damage To
Premises Rented To You Limit is the
most we will pay under Coverage A for
damages because of "property damage"
to any one premises, while rented to
you, or in the case of damage by fire,
lightning, explosion, smoke or sprinkler
leakage, while rented to you or
temporarily occupied by you with
permission of the owner. The limit is
increased to $1,000,000.
3. Under Section IV — Commercial General
Liability Conditions, 4. Other Insurance, b.
Excess Insurance (1) (a) (ii) is replaced
with:
(ii) That is Fire, Lightning, Explosion, Smoke
or Sprinkler leakage insurance for
premises rented to you or temporarily
occupied by you with permission of the
owner.
F. Supplementary Payments
Under Section I — Coverages, Supplementary
Payments — Coverages A and B Paragraphs
1.b and 1.d. are replaced with:
b. Up to $2,500 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings up to
$500 a day because of time off from work.
G. Newly Formed And Acquired Organizations
Under SECTION 11 — WHO IS AN INSURED
Paragraph 3.a. is replaced with:
a. Coverage under this provision is afforded
only until the 180th day after you acquire or
form the organization or the end of the policy
period, whichever is earlier;
H. Additional Insured — Automatic Status When
Required In An Agreement Or Contract With
You
Section II — Who Is An Insured is amended to
include:
1. Any person(s) or organization(s) described
in Paragraph a. — d. below with whom you
have agreed in writing in a contract or
written agreement that such person or
organization be added as an additional
insured on your policy during the policy
period shown in the Declarations.
2. Any other person or organization you are
required to add as an additional insured
under the contract or agreement described
in Paragraph 1. above.
The person or organization added as an
insured by this endorsement is an insured
only for liability due to:
a. Lessors of Leased Equipment — with
respect to their liability for "bodily injury",
"property damage", or "personal and
advertising injury", caused in whole or in
part by your maintenance, operation, or
use of equipment leased to you by such
person(s) or organization(s). This
insurance does not apply to any
"occurrence" which takes place after the
equipment lease expires.
However, their status as additional
insured under this policy ends when
their lease, contract, or agreement with
you for such leased equipment expires.
b. Managers or Lessors of Premises —
with respect to liability arising out of the
ownership, maintenance, or use of that
part of the premises you own, rent,
lease, or occupy.
Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16
with its permission.
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in
that premises.
(2) Structural alterations, new con-
struction, or demolition operations
performed by or on behalf of the
person or organization.
However, their status as additional
insured under this policy ends when you
cease to be a tenant of such premises.
c. State or Political Subdivision —
Permits Relating to Premises — with
respect to the following hazards for
which the state or political subdivision
has issued a permit or authorization in
connection with premises you own, rent,
or control and to which this insurance
applies.
(1) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings,
canopies, cellar entrances, coal
holes, driveways, manholes,
marquees, hoist away openings,
sidewalk vaults, street banners, or
decorations and similar exposures;
or
(2) The construction, erection, or
removal of elevators; or
(3) The ownership maintenance or use
of any elevators covered by this
insurance.
This insurance does not apply to:
(1) "Bodily injury" or "property damage"
or "personal or advertising injury"
arising out of operations performed
for the state or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
However, such state or political
subdivision's status as additional
insured under this policy ends when the
permit ends.
d. Owners, Lessees, or Contractors —
with respect to liability for "bodily injury",
"property damage", or "personal and
advertising injury" caused in whole or in
part, by:
CG 73 23 12 16
(1)
(2)
CG 73 23 12 16
Your acts or omissions; or
The acts or omissions of those
acting on your behalf; in the
performance of your ongoing
operations performed for that
additional insured, whether the work
is performed by you or on your
behalf.
The insurance does not apply to:
(1)
"Bodily injury", "property damage",
or "personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
architectural, engineering, or survey
services, including:
(a) The preparing, approving, or
failing to prepare or approve
maps, shop drawings, opinions,
reports, survey, field orders,
change orders, or drawings and
specifications; or
(b) Supervisory, inspection, archi-
tectural or engineering activities.
This exclusion applies even if
the claims against any insured
allege negligence or other
wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that
insured, if the "occurrence"
which caused the "bodily injury"
or "property damage", or the
offense which caused the
"personal and advertising
injury", involved the rendering
of, or failure to render, any
professional, architectural,
engineering, or surveying
services.
(2) "Bodily injury" or "property damage"
occurring after:
(a) All work, including materials,
parts, or equipment fumished in
connection with such work, on
the project (other than service,
maintenance, or repairs) to be
performed by or on behalf of the
additional insured(s) at the
location of the covered
operations has been completed;
or
Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5
with its permission.
CG73231216
(b) That portion of "your work" out
of which the injury or damage
arises has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
engaged in performing
operations for a principal as a
part of the same project.
However, a person or organization's
status as additional insured under
this policy ends when your
operations for that additional insured
are completed.
With respect to the insurance afforded to
such additional insureds a. — d. described
above, the following is added to Section III
— Limits Of Insurance:
If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on behalf of
the additional insured is the amount of
insurance:
1. Required by the contract or agreement;
or
2. Available under the applicable Limits of
Insurance shown in the Declarations:
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
However, the insurance afforded to such
additional insureds a. — d. described above:
1. Only applies to the extent permitted by
law; and
2. Will not be broader than that which you
are required by the contract or
agreement to provide for such additional
insured.
3. Primary and Noncontributory — Other
Insurance Conditions
The following is added to the Other
Insurance Condition and supersedes any
provisions to the contrary:
Primary and Noncontributory Insurance
This insurance is primary to and will not
seek contribution from any other insurance
available to an additional insured under your
policy provided that:
a. The additional insured is a Named
Insured under such other insurance; and
b. You have agreed in writing in a contract
or agreement that this insurance would
be primary and would not seek
contribution from any other insurance
available to the additional insured.
I. Employee Bodily Injury To Another Employee
Under Section II — Who Is An Insured The
following is added to Paragraph 2.a.(1):
Paragraphs 2.a.(1) (a), (b) and (c) do not apply
to "bodily injury" to a co -"employee" in the
course of the co -"employee's" employment by
you, or to "bodily injury" to a co -"volunteer
worker" while performing duties related to the
conduct of your business.
J. Broad Form Named Insured
Under Section II — Who Is An Insured The
following is added to Paragraph 2.:
e. Any business entity incorporated or
organized under the laws of the United State
of America (including any State thereof), its
territories or possessions, or Canada
(including any Province thereof) in which the
Named Insured shown in the Declarations
owns, during the policy period, an interest of
more than fifty percent. If other valid
collectible insurance is available to any
business entity covered by this solely by
reason of ownership by the Named Insured
shown in the Declarations in excess of fifty
percent, this insurance is excess over the
other insurance, whether primary, excess,
contingent, or on any other basis.
K. Aggregate Limit Per Location
Under Section III — Limits Of Insurance the
following is added to Paragraph 2:
The General Aggregate Limit under Section III
Limits Of Insurance applies separately to each
of your locations owned by or rented to you or
temporarily occupied by you with the permission
of the owner. For the purposes of this provision,
location means premises involving the same or
connecting lots, or premises whose connection
is interrupted only by a public street, roadway,
waterway or railroad right-of-way.
L. Aggregate Limit Per Project
Under Section III — Limits Of Insurance The
following paragraph is added to Paragraph 2:
The General Aggregate Limit under Section III
Limits Of Insurance applies separately to each
of your construction projects away from
premises owned by or rented to you.
Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 12 16
with its permission.
M. Medical Payments
Under Section III — Limits Of Insurance,
Paragraph 7. is replaced with:
7. Subject to 5. above, the higher of:
a. $10,000; or
b. The amount shown in the Declarations
for Medical Expense Limit is the most
we will pay under Coverage C for all
medical expenses because of "bodily
injury" sustained by one person.
This coverage does not apply if Coverage C
— Medical Payments is excluded either by
the provisions of any coverage forms
attached to the policy or by endorsement.
N. Knowledge Of An Occurrence
Under Section IV — Commercial General
Liability Conditions, the following is added to
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit:
e. Knowledge of an occurrence, offense, claim
or suit by an agent or employee of any
insured shall not in itself constitute
knowledge of the insured unless you, a
partner, if you are a partnership; or an
executive officer or insurance manager, if
you are a corporation receives such notice
of an occurrence, offense, claim or suit from
the agent or employee.
f. The requirements in Paragraph b. will not
be considered breached unless there is
knowledge of occurrence as outlined in
Paragraph e. above.
O. Unintentional Failure To Disclose Hazard
Under Section IV — Commercial General
Liability Conditions, Condition 6.
Representations the following paragraph is
added:
d. Your failure to disclose all hazards or prior
"occurrences" or offenses existing as of the
CG 73 23 12 16
CG 73 23 1216
inception date of the policy shall not
prejudice the coverage afforded by this
policy provided such failure to disclose all
hazards or prior "occurrences" or offenses is
not intentional. This provision does not
affect our right to collect additional premium
or exercise our right of cancellation or non -
renewal.
P. Waiver Of Subrogation
Under Section IV — Commercial General
Liability Conditions, 8. Transfer Of Rights Of
Recovery Against Others To Us the following
paragraph is added:
If required by a written contract executed prior to
loss, we waive any right of subrogation we may
have against the contracting person or
organization because of payments we make for
injury or damage arising out of your ongoing
operations or "your work" done under a contract
with that person or organization and included in
the "products -completed operations hazard".
Q. Liberalization
Under Section IV — Commercial General
Liability Conditions, the following paragraph is
added:
10. Liberalization
If we revise this coverage form to provide more
coverage without additional premium charge,
your policy will automatically provide the
additional coverage as of the day the revision is
effective in your state.
R. Broadened Bodily Injury Definition (Mental
Anguish)
Under Section V — Definitions Definition 3.
"Bodily Injury" is replaced with:
3. "Bodily injury" means physical injury,
sickness, or disease to a person and if
arising out of the foregoing, mental anguish,
mental injury, shock, or humiliation,
including death at any time resulting
therefrom.
All terms and conditions of this policy apply unless modified by this endorsement.
Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5
with its permission.
Policy #ACP GLAO 3027990989
IL70020911
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADVANCE NOTICE OF CANCELLATION, NONRENEWAL
OR COVERAGE REDUCTION OR RESTRICTION
PROVIDED BY US
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY POLICY
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
MERCANTILE UMBRELLA LIABILITY POLICY
SCHEDULE
Person(s) or Organization(s)
Per List on File
Address
Number of Days Notice
If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this
policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will
provide written notice to the person(s) or organization(s) listed in the Schedule.
We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewa or coverage reduc-
tion or restriction or as indicated in the Number of Days Notice in the Schedule.
All terms and conditions of this policy apply unless modified by this endorsement.
IL 70 02 0911 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
Policy #ACP BAPC 3027990989
COMMERCIAL AUTO
AC 70 06 0316
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - PLATINUM
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired of Formed Entities
C. Employees as insureds — Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments — Bail Bonds
F. Supplementary Payments — Loss of Eamings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employees
J. Hired Auto Physical Damage
K. Temporary Substitute Autos — Physical Damage Coverage
L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts — Leased Private Passenger Types
O. Deductible Amendments
P. Expanded Transportation Expense
Q. Extra Expense — Stolen Autos
R. Physical Damage Limit of Insurance
S. New Vehicle Replacement Cost
T. Physical Damage Coverage Extensions
U. Business Income and Extra Expense Coverage
V. Transfer of Rights Of Recovery Against Others To Us
W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence
X. Hired Car Coverage Territory
Y. Emergency Lockout
Z. Cancellation Condition
AC 70 06 03 16
Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7
with its permission
COMMERCIAL AUTO
AC 70 06 03 16
A. EFFECT OF THIS ENDORSEMENT
Coverage provided under this policy is modified
by the provisions of this endorsement. If there
is any conflict between the provisions of this
endorsement and the provision(s) of any state -
specific endorsement also attached to this poli-
cy, then the provision(s) of the state -specific
endorsement shall apply instead of the provi-
sions of this endorsement that are in conflict,
but only to the extent of the conflict, and only to
the extent necessary to bring such provisions
into conformance with the state requirement(s)
contained in the provision(s) of the state -specific
endorsement.
B. NEWLY ACQUIRED OR FORMED ENTITIES
The Named Insured shown in the Declarations is
amended to include any organization you newly
acquire or form, other than a partnership, joint
venture, or limited liability company, and over
which you maintain ownership or majority (more
than 50%) interest; if there is no other similar in-
surance available to that organization. Coverage
under this provision is afforded until the 180th
day after you acquire or form the organization or
the end of the policy period, whichever is later.
C. EMPLOYEES AS INSUREDS — NONOWNED
AUTOS
The following is added to paragraph A.1. Who Is
An Insured of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
d. Any "employee" of yours is an "insured"
while using a covered "auto" you don't own,
hire or borrow in your business or your per-
sonal affairs.
D. ADDITIONAL INSURED BY CONTRACT,
PERMIT OR AGREEMENT
The following is added to A.1. Who Is An In-
sured of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any person or organization that you are re-
quired to name as an additional insured in a
written contract or agreement that is executed
or signed by you prior to a "bodily injury" or
"property damage" occurrence is an "insured"
for Covered Auto Liability coverage. How-
ever, with respect to covered "autos", such
person or organization is an insured only to
the extent that person or organization qualifies
as an "insured" under A.1. Who is an Insured of
SECTION II — COVERED AUTOS LIABILITY
COVERAGE:
If specifically required by the written contract or
agreement referenced in the paragraph above,
any coverage provided by this endorsement to
an additional insured shall be primary and
any other valid and collectible insurance avail-
able to the additional insured shall be non-
contributory with this insurance. If the written
contract does not require this coverage to be
primary and the additional insured's coverage to
be non-contributory, then this insurance will be
excess over any other valid and collectible insur-
ance available to the additional insured.
E. SUPPLEMENTARY PAYMENTS — BAIL
BONDS
Supplementary Payments of SECTION II —
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(2) Up to $3,000 for cost of bail bonds (including
bonds for related traffic law violations) re-
quired because of an "accident" we cover.
We do not have to furnish these bonds.
F. SUPPLEMENTARY PAYMENTS — LOSS OF
EARNINGS
Supplementary Payments of SECTION II —
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
(4) All reasonable expenses incurred by the "in-
sured" at our request, including actual loss
of earnings up to $1,000 a day because of
time off from work.
G. PERSONAL EFFECTS AND PROPERTY OF
OTHERS EXTENSION
1. The Care, Custody or Control Exclusion of
SECTION II — COVERED AUTOS LIABILITY
COVERAGE, does not apply to "property dam-
age" to property, other than your property, up to
an amount not exceeding $500 in any one "acci-
dent". Coverage is excess over any other valid
and collectible insurance.
2. The following paragraph is added to A.4.
Coverage Extensions of SECTION III -
PHYSICAL DAMAGE COVERAGE:
c. We will pay up to $1,000 for your prop-
erty that is lost or damaged as a result
of a covered "loss", without applying a
deductible. Coverage is excess over
any other valid and collectible insur-
ance.
Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 03 16
with its permission
H. PREJUDGMENT INTEREST COVERAGE
The following paragraph is added to SECTION II
— COVERED AUTOS LIABILITY COVERAGE,
2. Coverage Extensions, a. Supplementary
Payments:
(7) Prejudgment interest awarded against the
"insured" on that part of the judgment we
pay. If we make an offer to pay the appli-
cable limit of insurance, we will not pay
any prejudgment interest based on that
period of time after the offer.
I. FELLOW EMPLOYEE
The Fellow Employee Exclusion of SECTION II -
COVERED AUTOS LIABILITY COVERAGE,
does not apply if the "bodily Injury" results from
the use of a covered "auto" you own or hire.
The insurance provided under this provision is
excess over any other collectible insurance.
J. HIRED AUTO PHYSICAL DAMAGE
If covered "auto" designation symbols 1 or 8 ap-
ply to Liability Coverage and if at least one "au-
to" you own is covered by this policy for Com-
prehensive, Specified Causes of Loss, or Colli-
sion coverages, then the Physical Damage
coverages provided are extended to "autos" you
lease, hire, rent or borrow without a driver; and
provisions in the Business Auto Coverage Form
applicable to Hired Auto Physical Damage apply
up to a limit of $125,000. The deductible will be
equal to the largest deductible applicable to any
owned "auto" for that coverage. Any Compre-
hensive deductible does not apply to fire or
lightning.
K. TEMPORARY SUBSTITUTE AUTOS —
PHYSICAL DAMAGE COVERAGE
The following is added to paragraph C. Certain
Trailers, Mobile Equipment And Temporary
Substitute Autos of SECTION I — COVERED
AUTOS:
If Physical Damage Coverage is provided by
this Coverage Form, the following types of
vehicles are also covered "autos" for Physi-
cal Damage Coverage:
Any "auto" you do not own while used with
the permission of its owner as a temporary
substitute for a covered "auto" you own that
is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
AC 70 06 03 16
L.
M.
COMMERCIAL AUTO
AC 70 06 03 16
e. Destruction
The coverage that applies is the same as
the coverage provided for the vehicle being
replaced.
EXPANDED TOWING COVERAGE
1. We will pay up to:
a. $150 for a covered "auto" you own of
the private passenger type, or
b. $750 for a covered "auto" you own that
is not of the private passenger type,
for towing and labor costs incurred each
time the covered "auto" is disabled. Howev-
er, the labor must be performed at the place
of disablement.
2. This coverage applies only for an "auto"
covered on this policy for Comprehensive or
Specified Causes of Loss Coverage and
Collision Coverages.
3. Payment applies in addition to the otherwise
applicable amount of each coverage you
have on a covered "auto".
AUTO LOAN OR LEASE COVERAGE
1. In the event of a total "loss" to a covered
"auto", we will pay any unpaid amount due
on the loan or lease, including up to a max-
imum of $500 for early termination fees or
penalties, for your covered "auto" less:
a. The amount paid under SECTION III —
PHYSICAL DAMAGE COVERAGE of
this policy; and
b. Any:
1) Overdue lease/loan payments at the
time of the "loss";
2) Financial penalties imposed under a
lease for excessive use, abnormal
wear and tear or high mileage;
3) Security deposits not refunded by a
lessor;
4) Costs of extended warranties, Credit
Life insurance, Health, Accident, or
Disability insurance purchased with
the lease; and
5) Carry-over balances from previous
leases.
2. This coverage only applies to a "loss" which
is also covered under this policy for Com-
prehensive, Specified Causes of Loss, or
Collision coverage.
Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7
with its permission
COMMERCIAL AUTO
AC 70 06 03 16
3. Coverage does not apply to any unpaid
amount due on a loan for which the covered
"auto" is not the sole collateral.
N. ORIGINAL EQUIPMENT MANUFACTURER
PARTS — LEASED PRIVATE PASSENGER
TYPES
Under Paragraph C. Limit of Insurance of
SECTION III — PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows:
4. We will use new original equipment vehicle
manufacturer parts for any private passen-
ger type covered "auto" where required by
the lease agreement which has a term of at
least six months. If a new original equip-
ment vehicle manufacturer part is not in pro-
duction or distribution we may use a like,
kind and quality replacement part.
O. DEDUCTIBLE AMENDMENTS
The following are added to the Deductible provi-
sion of SECTION III — PHYSICAL DAMAGE
COVERAGE:
If another policy or coverage form that is not an
automobile policy or coverage form issued by
this company applies to the same "accident", the
following applies:
1. If the deductible under this coverage is the
smaller (or smallest) deductible, it will be
waived:
2. If the deductible under this coverage is not
the smaller (or smallest) deductible, it will be
reduced by the amount of the smaller (or
smallest) deductible.
If a Comprehensive or Specified Causes of Loss
Coverage "loss" from one "accident" involves
two or more covered "autos", only the highest
deductible applicable to those coverages will be
applied to the "accident," if the cause of the loss
is covered for those vehicles. This provision only
applies if you carry Comprehensive or Specified
Causes of Loss Coverage for those vehicles,
and does not extend coverage to any covered
"autos" for which you do not carry such
coverage.
No deductible applies to glass if the glass is re-
paired, in a manner acceptable to us, rather than
replaced.
P. EXPANDED TRANSPORTATION EXPENSE
Paragraph A.4.a. of SECTION III — PHYSICAL
DAMAGE COVERAGE is replaced by the
following:
We will pay up to $50 per day to a maximum of
$1500 for temporary transportation expense in-
curred by you because of the total theft of a
covered "auto" of the private passenger type.
We will only pay for those covered "autos" for
which you carry Comprehensive or Specified
Causes of Loss Coverage. We will pay for tem-
porary transportation expenses incurred during
the period beginning 24 hours after the theft and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use or we
pay for its "loss".
Q. EXTRA EXPENSE — STOLEN AUTOS
The following paragraph is added to Section A.4.
of SECTION III — PHYSICAL DAMAGE
COVERAGE:
c. We will pay for up to $5,000 for the expense
of returning a stolen covered "auto" to you.
We will pay only for those covered "autos"
for which you carry Comprehensive or Spec-
ified Causes of Loss Coverage.
R. PHYSICAL DAMAGE LIMIT OF INSURANCE
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, Paragraph C., Limit of Insurance
is replaced by the following:
C. Limit Of Insurance
1. The most we will pay for "loss" in any one
"accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
"loss", or
b. The cost of repairing or replacing the
damaged or stolen property.
2. $2000 is the most we will pay for "loss" in
any one "accident" to all electronic equip-
ment that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
a. Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the instal-
lation of such equipment.
b. Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
c. An integral part of such equipment.
3. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".
4. The cost of repairing or replacing may:
Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 06 0316
with its permission.
a. Be based on an estimate which includes
parts furnished by the original equip-
ment manufacturer or other sources in-
cluding non -original equipment manu-
facturers and
b. If a repair or replacement results in bet-
ter than like kind or quality, we will not
pay for the amount of the net improve-
ment.
5. If we offer to pay the actual cash value of
the damaged or stolen property, we will
value auto advertising wraps, paint customi-
zation, and similar business related advertis-
ing modifications, in addition to the actual
cash value of the property. Auto advertising
wraps, paint customization, and similar
business related advertising modifications
will be valued at the cost to replace them
with an adjustment made for depreciation
and physical condition.
S. NEW VEHICLE REPLACEMENT COST
The following is added to the Limit of Insurance
provision of SECTION III — PHYSICAL
DAMAGE COVERAGE:
5. The provisions of paragraphs 1.and 3. do
not apply to a covered "auto" of the private
passenger type or a vehicle with a gross ve-
hicle weight rating of 20,000 pounds or less
which is a "new vehicle."
In the event of a total "loss" to your "new ve-
hicle" to which this coverage applies, we will
pay at your option:
a. The verifiable "new vehicle" purchase
price you paid for your damaged vehi-
cle, not including any insurance or war-
ranties purchased;
b. If it is available, the purchase price, as
negotiated by us, of a "new vehicle" of
the same make, model, and equipment
or the most similar model available, not
including any furnishings, parts, or
equipment not installed by the manufac-
turer or manufacturers' dealership; or .
c. The market value of your damaged ve-
hicle, not including any furnishings,
parts, or equipment not installed by the
manufacturer or manufacturer's dealer-
ship.
We will not pay for initiation or set up costs
associated with loans or leases
As used in this endorsement, a "new vehi-
cle" means an "auto" of which you are the
original owner that has not been previously
COMMERCIAL AUTO
AC 70 06 03 16
titled and which you purchased less than
365 days before the date of the "loss".
T. PHYSICAL DAMAGE COVERAGE
EXTENSIONS
Under SECTION III — PHYSICAL DAMAGE
COVERAGE, A. Coverage, 4. Coverage Exten-
sions, b. Loss of Use Expenses is replaced by
the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an "insured"
becomes legally responsible to pay for loss
of use of a vehicle rented or hired without a
driver, under a written rental contract or
agreement. We will pay for Toss of use
expenses if caused by:
(1) Other than collision if the Decla-
rations indicate that Comprehen-
sive Coverage is provided for any
covered "auto";
(2) Specified Causes of Loss only if
the Declarations indicate that
Specified Causes of Loss Cover-
age is provided for any covered
"auto"; or
Collision only if the Declarations
indicate that Collision Coverage
is provided for any covered
"auto."
However, the most we will pay for any
expenses for loss of use is $50 per day, to a
maximum of $1,500. The insurance provided
by this provision is excess over any other
collectible insurance.
U. BUSINESS INCOME AND EXTRA EXPENSE
COVERAGE
1. Business Income Coverage
We will pay the actual loss of business in-
come sustained by you as a result of the
necessary suspension of your business dur-
ing the period of restoration due to "loss" to
a covered "auto" used in your business. The
loss must be caused by a cause of loss cov-
ered under item Al of Physical Damage
Coverage in this Coverage Part.
2. Extra Expense Coverage
We will pay the necessary and reasonable
extra expenses that you incur during the pe-
riod of restoration that you would not have
incurred had there been no "loss" to a cov-
ered "auto" used in your business. The loss
(3)
AC 70 06 03 16 Includes copyrighted material of Insurance Services Office, Inc.
with its permission
Page 5 of 7
COMMERCIAL AUTO
AC 70 06 03 16
must be caused by a cause of loss listed
under item Al of Physical Damage Cover-
age in this Coverage Part. Extra Expenses
means those expenses you incur to avoid or
minimize the suspension of business and to
continue your business operations.
3. Additional Conditions
We will not pay for "loss" or expenses
caused by suspension, lapse or cancellation
of any license, lease or contract. But if the
suspension, lapse or cancellation is directly
caused by the suspension of your business,
we will cover such "loss" that affects your
business income. We will not pay under this
coverage if you do not repair or replace the
covered "auto". You must resume all or part
of your business as quickly as possible. If
you have other autos you can use to reduce
the amount of Toss payable under this cov-
erage, you are required to use them. We will
pay for expenses you incur to reduce the
amount that otherwise would have been
payable under this coverage. We will not
pay more than the amount by which you ac-
tually reduce the business income loss or
extra expense incurred.
4. Limit
The most we will pay for "loss" arising out of
one covered "auto" is $10,000 per loss with
an annual aggregate of $20,000. Payment
applies in addition to the otherwise applica-
ble amount of each coverage you have on a
covered "auto".
5. Definitions
a. "Business Income" means the:
1.). Net income (Net profit or loss before
income taxes) that would have been
earned or incurred if no loss would
have occurred; and
2.). Continuing normal operating
expenses incurred, including payroll.
b. "Period of Restoration" means the
period of time that:
1.). Begins:
(a) 24 hours after the time of loss
for Business Income Coverage;
or
(b) Immediately after the time of
loss for Extra Expense
Coverage; and
2.) Ends at the earliest of:
Page 6 of 7
(a) The time required to resume
your normal business opera-
tions; or
(b) The time that is reasonably
necessary to repair or replace
the covered auto with a maxi-
mum time period of 180 days.
Period of Restoration does not
include any increased period
required due to the enforcement
of any ordinance or law that re-
quires any insured or others to
test for, monitor, clean up, re-
move, contain, treat, detoxify or
neutralize or in any way respond
to or assess the effects of pollu-
tants. The expiration date of this
policy will not cut short the peri-
od of restoration.
V. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
The following is added to the Transfer Of Rights
Of Recovery Against Others To Us Condition:
We waive any right of recovery we may
have against any person or organization to
the extent required of you by a written con-
tract executed prior to any "accident" be-
cause of payments we make for damages
under this coverage form.
W. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
SECTION IV — BUSINESS AUTO
CONDITIONS, Paragraph A is amended as
follows:
6. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
a. Your obligation in the Duties in the Event
of Accident, Claim, Suit or Loss Condi-
tion relative to notification require-
ments applies only when the "accident"
or "loss" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
b. Your obligation in the. Duties in the Event
of Accident, Claim, Suit or Loss Condition
relative to providing us with documents
concerning a claim or "suit" will not be
Includes copyrighted material of Insurance Services Office, Inc. AC 70 06 0316
with its permission
considered breached unless the breach
occurs after such claim or "suit" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance
manager, if you are a corporation.
X. HIRED CAR — COVERAGE TERRITORY
Item (5) of the Policy Period, Coverage Territory
General Condition is replaced by the following:
(5) Anywhere in the world if a covered "auto"
is leased, hired, rented or borrowed without a
driver for a period of 30 days or less; and
Y. EMERGENCY LOCKOUT
We will reimburse you up to $100 for reasonable
expense incurred for the services of a locksmith
to gain entry into your covered "auto" subject to
these provisions:
1. Your door key, electronic key or key entry
pad has been lost, stolen or locked in your
AC 70 06 03 16
COMMERCIAL AUTO
AC 70 06 03 16
covered "auto" and you are unable to enter
such "auto" , or
2. Your keyless entry device battery dies and
you are unable to enter such "auto" as a
result,
3. Your key, electronic key or key entry pad
has been lost or stolen and you have
changed the lock to prevent an unauthorized
entry; and
4. Original copies of receipts for services of a
locksmith must be provided before
reimbursement is payable.
Z. CANCELLATION CONDITION.
Paragraph A.2. of the COMMON POLICY
CONDITION - CANCELLATION applies except
as follows:
If we cancel for any reason other than nonpay-
ment of premium, we will mail or deliver to the
First Named Insured written notice of cancella-
tion at least 60 days before the effective date of
cancellation. This provision does not apply in
those states that require more than 60 days prior
notice of cancellation.
Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7
with its permission
Policy #ACP BAPC 3027990989
IL 70 020911
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADVANCE NOTICE OF CANCELLATION, NONRENEWAL
OR COVERAGE REDUCTION OR RESTRICTION
PROVIDED BY US
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL UMBRELLA LIABILITY POLICY
FARM UMBRELLA LIABILITY POLICY
LIQUOR LIABILITY COVERAGE PART
MERCANTILE UMBRELLA LIABILITY POLICY
SCHEDULE
Person(s) or Organization(s)
Per List on File
Address
Number of Days Notice
If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this
policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will
provide written notice to the person(s) or organization(s) listed in the Schedule.
We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduc-
tion or restriction or as indicated in the Number of Days Notice in the Schedule.
All terms and conditions of this policy apply unless modified by this endorsement.
IL 70 02 0911 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1
with its permission.
TX&SMutual®
WORKERS' COMPENSATION INSURANCE
WORKERS' COMPENSATION AND WC 42 03 04 B
EMPLOYERS LIABILITY POLICY
Insured copy
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury
arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. () Specific Waiver
Name of person or organization
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: ALL TEXAS OPERATIONS
3. Premium:
The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection
with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium: Included, see Information Page
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 12/31/18 at 12:01 a.m. standard time, forms a part. of:
Policy no. 0001175226 of Texas Mutual Insurance Company effective on 12/31/18
Issued to: LANDSCAPE ART INC
This is not a bill
NCCI Carrier Code: 29939
Authorized representative
12/10/18
PO Box 12058, Austin, TX 78711-2058
1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650
WC420304B
TexasMutu®
WORKERS' COMPENSATION INSURANCE
WORKERS' COMPENSATION AND
EMPLOYERS LIABILITY POLICY
TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT
WC420601
Insured copy
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
In the event of cancellation or other material change of the policy, we will mail advance notice to the person or
organization named in the Schedule. The number of days advance notice is shown in the Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice: 30
2. Notice will be mailed to: Per List on File
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 12/31/18 at 12:01 a.m. standard time, forms a part of:
Policy no. 0001175226 of Texas Mutual Insurance Company effective on 12/31/18
Issued to: LANDSCAPE ART INC
This is not a bill
NCCI Carrier Code: 29939
ii/Le
Authorized representative
12/10/18
PO Box 12058, Austin, TX 78711-2058
1 of 1 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650
WC420601
Bond #TXC611866
CITY OF PEARLAND PERFORMANCE BOND
Section 00610
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That Landscape Art, Inc. of the City
of League City , County of Galveston , and State of Texas, as principal, and
Merchants Bonding Company (Mutual) authorized under the laws of the State of Texas to act
as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of $ 1,045,492.40 for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of
the 12th day of August , 20 19 , (the "Contract") to commence and complete the
construction of certain improvements described as follows:
Plant Procurement Services for
SH 288 Master Plan Improvements
City of Pearland, Texas
COP PN: EDC161.
BID NO.: 0619-47
which Contract, including the Contract Documents as defined therein, is hereby referred to and made
a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions, and agreements in and by said
Contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and Contract Documents, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the Work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract, or to the Work to be performed thereunder.
12/2007 00610 - 1 of 2
CITY OF PEARLAND PERFORMANCE BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
12th day of August , 2019
Principal: Surety:
Landsca•e rt, I c Merchants Bonding Company (Mutual)
Title: -
Address:
2303 Dickinson Avenue
League City, Texas 77573
By:
Title: Ch>sryI R. Colson, Attorney -In -Fact_
Address:
6700 Westown Parkway
West Des Moines, IA 50266-7754
Telephone: (281) 309-0500 Telephone: (515) 243-8171
Fax: Fax:
(515) 243-3854
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE
NUMBER; 1-800-252-3439.
END OF SECTION
12/2007 00610 - 2 of 2
Bond #TXC611866
CITY OF PEARLAND PAYMENT BOND
Section 00611
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That Landscape Art, Inc. of the City
of League City , County of Galveston , and State of Texas, as principal, and
Merchants Bonding Company (Mutual) authorized under the laws of the State of Texas to act
as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of $ 1,045,492.40 for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of
the 12th day of August , 20 19 , (the "Contract") to commence and complete the
construction of certain improvements described as follows:
Plant Procurement Services for
SH 288 Master Plan Improvements
City of Pearland, Texas
COP PN: EDC161
BID NO.: 0619-47
which Contract, including the Contract Documents as defined therein, is hereby referred to and made
a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall pay all claimants supplying labor or material to him or a subcontractor in the
prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise
to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of
the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the Work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract, or to the Work to be performed thereunder.
07/2006 00611 - 1 of 2
CITY OF PEARLAND PAYMENT BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
12th day of August , 2019 .
Principal:
LandscArt,Inc.
Title:
Surety:
Merchants Bonding Company (Mutual)
By:
Title: Ch ryI R. Colson, Attorney -In -Fact
Address: Address:
2303 Dickinson Avenue 6700 Westown Parkway
League City, Texas 77573 West Des Moines, IA 50266-7754
Telephone: (281) 309-0500
Telephone: (515) 243-8171
Fax: Fax:
(515) 243-3854
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE
NUMBER; 1-800-252-3439.
END OF SECTION
07/2006 00611 - 2 of 2
POA 0018 (3/17)
MERCHANT71
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Bryan Lewis; Cheryl R Colson; Cynthia Haslam; Elaine Lewis; Jeanne M Buchan; Kevin McQuain; Malia E Mann; Misty Witt; Rosalyn D Hassell;
Scott D Chapman; Timothy J Maley
their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any lof
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner;
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 31st day of August , 2018 .
p2;Lk
.-••
•
R 99. qy.
-o- : : .►—:2 -o- K':
_•
' 2003 ; �� = . a' 1933 �' c By
�
:�..,• �,�: •.d ate.
•.•••(�' '. rJ'',.• . �.� ' \1 .'
•��'1I,..,�• • •
STATE OF IOWA
COUNTY OF DALLAS ss.
On this this 31st day of August 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly swom
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
9jA4 ALICIA K. GRAM
z° A 3, Commission Number 767430
My Commission Expires
April 1, 2020
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
President
(1...)—•C••-•ek-•s-.--
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this
,......1..,, �.• -- -.••.
.,•�P510 Nq�• •. :O. t1G Cp�.o •
4.::y .. 0.- -4 %. y : : `• Ao� -- -1:%•: _
III
a 2003 ::mac 1933 J • c:c%.'S.,:i4;.." ......w•••:;',..44 '-'-e.0...tf.,-1.. \\....j"":::: -
12thday of August '2019 •
Secretary
MERCHANTS
BONDING COMPANY,.
MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC.
P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 • (515) 243-3854 FAX '
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc.
P.O. Box 14498
Des Moines, Iowa 50306-3498
(515) 243-8171
(800) 678-8171
Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266
SUP 0073 TX (2/15)
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2019-527670
Date Filed:
08/12/2019
Date Acknowledged:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Landscape Art, Inc.
League City, TX United States
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Pearland
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
0619-47
Plant procurement services for SH 288 Master Plan Improvements
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check if there is NO Interested Party.
only
X
6
UNSWORN DECLARATION
My name is J.H. Williams , and my date of
birth is
11/26/1951
My address is 2303 Dickinson Avenue League Ctiy TX
77573 USA
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Galveston County, State of Texas , on the 12thday of August 20 19
(month) (year)
N/�%6�
Signature f authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission
www.ethics.state.lx.us
Version V1.1.39f8039c
Phase II — Plant Procurement
Bid#0619-47
Bid Tabulation with Estimate Comparison
Landscape Architect Recommendation Letter
Evaluation Scoring
Bid # 019-47
Landscape Art, Inc
91%
Environmental Tree &
Design, Inc.
(Environmental Design)
155%
L lg'iEt2O
Total Price
$2,439,659.60
Total Price
$5,768,540.45
Line #
Description
QTY UOM
Unit
Extended
Unit
Extended
CCA Unit CCA Extended
1
Base Bid
1
$1,045,492.40
$1,781,533.45
$ - $1,153,070.00
1.1
TEXAS RED BUD - 30 GAL.
271 EA
$156.15
$ 42,316.65
$239.91
$ 65,015.61
$ 135.00 $ 36,585.00
1.2
NATCHEZ CRAPE MYRTLE - 30 GAL.
116 EA
$134.15
$ 15,561.40
$178.24
$ 20,675.84
$ 115.00 $ 13,340.00
1.3
SOUTHERN MAGNOLIA - 65 GAL.
138 EA
$392.65
$ 54,185.70
$615.95
$ 85,001.10
$ 345.00 $ 47,610.00
1.4
SOUTHERN MAGNOLIA - 30 GAL.
359 EA
$137.82
$ 49,477.38
$195.86
$ 70,313.74
$ 135.00 $' 48,465.00
1.5
SOUTHERN MAGNOLIA - 15 GAL.
221 EA
$76.66
$ 16,941.86
$132.51
$ 29,284.71
$ 75.00 $ 16,575.00
1.6
MEXICAN WHITE OAK-45 GAL.
138 EA
$222.15
$.,_30,656.70
$492.60
$ 67,978.80
$ 230.00 $ `31,740.00
_1.7
MEXICAN WHITE OAK - 30 GAL.
398 EA
$131.44
$ 52,313.12
$257.53
$ 102,496.94
$ 115.00 $ 45,770.00
1.8
MEXICAN WHITE OAK -15 GAL.
310 EA
$73.37
$ 22,744.70
$102.56
$ 31,793.60
$ 55.00 $ 17,050.00
1.9
LIVE OAK - 100 GAL.
642 EA
$609.72
$ 391,440.24
$1,033.23
$ 663,333.66
$ 595.00 $ 381,990.00
1.10
BALD CYPRESS - 65 GAL.
153 EA
$365.15
$ 55,867.95
$642.38
$ 98,284.14
$ 325.00 $ 49,725.00
1.11
CEDAR ELM - 65 GAL.
182 EA
$392.65
$ 71,462.30
$642.38
$ 116,913.16
$ 325.00 $ 59,150.00
1.12
CEDAR.ELIVL- 30 GAL.
398 EA - _
$129.00
$ 51,342.00
$257.53
$ 102,496.94
115.00_$ 45,770.00
1.13
CEDAR ELM - 15 GAL.
354 EA
$57.90
$ 20,496.60
$102.56
$ 36,306.24
_$
$ 55.00 $ 19,470.00
1.14
CEDAR ELM - 5 GAL.
266 EA
$17.55
$ 4,668.30
�
$26.56
$ 7,064.96
$ 35.00 $ 9,310.00
1.15
PINK OLEANDER 'HARDY PINK' - 5 GAL.
777 EA
$11.55
$ 8,974.35
$25.67
$ 19,945.59
$ 35.00 $ 27,195.00
1.16
WHITE OLEANDER 'WHITE' - 5 GAL.
777 EA
$11.55
$ 8,974.35
$25.67
$ 19,945.59
$ 35.00 $ 27,195.00
1.17
RED OLEANDER 'HARDY RED' - 5 GAL.
778 EA
$11.55
$ 8,985.90
$25.67
$ 19,971.26
$ 35.00 $ 27,230.00
1.18
PINK OLEANDER 'HARDY PINK' - 7 GAL.
1659 EA
$20.35
$ 33,760.65
$45.11
$ 74,837.49
$ 50.00 -$ 82,950.00
1.19
WHITE OLEANDER 'WHITE'-7GAL.
1659 EA
$20.35
$ 33,760.65
$45.11
$ 74,837.49
$ 50.00 $ 82,950.00
1.20
RED OLEANDER 'HARDY RED' - 7 GAL.
1660 EA
$20.35
$ 33,781.00
$45.11
$ 74,8.82.60
$ 50.00 $ 83,000.00
1.21
EXTENDED ON -SITE HOLDING - TEXAS RED BUD -30 GAL.
1 MONTH
$1,490.50
$ 1,490.50
$7.20
$ 7.20
$ - $ -
1.22
EXTENDED ON -SITE HOLDING - NATCHEZ CRAPE MYRTLE- 30 GAL.
1 MONTH
$638.00
$ 638.00
$5.35
$ 5.35
$ - $
1.23
EXTENDED ON -SITE HOLDING - SOUTHERN MAGNOLIA - 65 GAL.
1 MONTH
$759.00
$ 759.00
$18.48
$ 18.48
$ - $ -
1.24
EXTENDED ON -SITE HOLDING - SOUTHERN MAGNOLIA - 30 GAL.
1 MONTH
$1,974.50
$ 1,974.50
$5.88
$ 5.88
$ - $ -
1.25
EXTENDED ON -SITE HOLDING - SOUTHERN MAGNOLIA - 15 GAL.
1 MONTH
$1,215.50
$ 1,215.50
$3.98
$ 3.98
$ - $ -
1.26
EXTENDED ON -SITE HOLDING - MEXICAN WHITE OAK - 45 GAL.
1 MONTH
$759.00
$ 759.00
$14.78
$ 14.78
$ - $ -
1.27
EXTENDED ON -SITE HOLDING - MEXICAN WHITE OAK - 30 GAL.
1 MONTH
$2,189.00
$ 2,189.00
$7.73
$ 7.73
$ - $ -
1.28
EXTENDED ON -SITE HOLDING - MEXICAN WHITE OAK -15 GAL.
1 MONTH
$1,705.00
$ 1,705.00
$3.08
$ 3.08
$ $ -
1.29
EXTENDED ON -SITE HOLDING - LIVE OAK - 100 GAL.
1 MONTH
$3,531.00
$ 3,531.00
$31.00
$ 31.00
$ - $ -
1.30
EXTENDED ON -SITE HOLDING - BALD CYPRESS - 65 GAL.
1 MONTH
$841.50
$ 841.50
$19.27
$ 19.27
$ - $ -
1.31
EXTENDED ON -SITE HOLDING - CEDAR ELM - 65 GAL.
1 MONTH
$1,001.00
$ 1,001.00
$19.27
$ 19.27
$ - $ -
1.32
EXTENDED ON -SITE HOLDING _ CEDAR ELM - 30 GAL.
1 MONTH
$2,189.00
$ 2,189.00
$7.73
$ 7.73
$ $ -
1.33
EXTENDED ON -SITE HOLDING - CEDAR ELM - 15 GAL.
1 MONTH
$1,947.00
$ 1,947.00
$3.08
$ 3.08
$ - $
1.34
EXTENDED ON -SITE HOLDING - CEDAR ELM - 5 GAL.
1 MONTH
$1,463.00
$ 1,463.00
$0.80
$ 0.80
$ - $ -
1.35
EXTENDED ON -SITE HOLDING - PINK OLEANDER 'HARDY PINK' - 5 GAL.
1 MONTH
$1,709.40
$ 1,709.40
$0.77
$ 0.77
$ - $ -
1.36
EXTENDED ON -SITE HOLDING - WHITE OLEANDER 'WHITE' - 5 GAL.
1 MONTH
$1,709.40
$ 1,709.40
$0.77
$ 0.77
-
$ - $ -
1.37
EXTENDED ON -SITE HOLDING - RED OLEANDER 'HARDY RED' - 5 GAL.
1 MONTH
$1,709.40
$ 1,709.40
$0.77
$ 0.77
$ - $ -
1.38
EXTENDED ON-SIT.EHOLDING - PINK OLEANDER 'HARDY PINK 7 GAL.
1, MONTH
$3,649.80
$ 3,649.80
-T- $1.35
$ 1.35
$ $_ - ..-___
1.39
EXTENDED ON -SITE HOLDING - WHITE OLEANDER 'WHITE' - 7 GAL.
1 MONTH
$3,649.80
$ 3,649.80-
$1.35
$ 1.35
$ - $ -
1.40
EXTENDED ON -SITE HOLDING- RED OLEANDER 'HARDY RED' - 7 GAL.
1 MONTH
_
$3,649.80
$ 3,649.80
$1.35
$ 1.35
$ - $ -
2
Alternate Work Items
1
$1,394,167.20
$3,987,007.00
$ - $ -
2.1
LIVE OAK - 200 GAL.
642 EA
$1,342.00
$ 861,564.00
$2,960.00
$1,900,320.00
$ - $ -
2.2
EXTENDED ON -SITE HOLDING - LIVE OAK - 200 GAL.
1 MONTH
$3,531.00
$ 3,531.00
$89.00
$ 89.00
$ - $ -
2.3
LIVE OAK - 80" MD
642 EA
$818.60
$ 525,541.20
$3,250.00
$2,086,500.00
$ $ -
2.4
EXTENDED ON -SITE HOLDING - LIVE OAK - 80" MD
1 MONTH
$3,531.00
$ 3,531.00
$98.00
$ 98.00
- _
$ - $ -
Extended onsite holding not estimated
May 17,2019
Matt Buchanan
Pearland Economic Development Corporation
11233 Shadow Creek Parkway, #235
Pearland, TX 77584
Re: SH 288 — Beltway 8 to CR 59
CCA Project # 117-048
Amendment #01 / Additional Services
Dear Matt,
CLARK CONDON
10401 STELLA LINK ROAD
HOUSTON, TEXAS 77025
phone 713.871.1414 fax713.871.0888
CLARKCONDON.COM
We are requesting Additional Services to our current contract for SH 288 — Beltway 8 to CR 59 for the following scope changes:
1.
2.
3.
4.
Changing the final product from one overall construction document with one bid process to four (4) construction
document sets.
Develop a separate Tree & Plant Procurement bid package for all phases of the 288 design work. Includes trees and
shrubs.
Assist the Client with publicly bidding the five (5) packages.
Additional reimbursable expenses.
The additional fee requested is as follows:
1. Changing Final Product
Construction Documents
2. Plant Procurement
Bid Specifications
3. Bidding & Contracts
4. Reimbursable Expenses
Current Fee
$94,040.00
$0.00
• $5,000.00
$25,000.00
Additional Fee
$37,500.00
$25,000.00
$15,000.00
$7,500.00
The total fee for these services is to be billed as a lump sum of $77,500.00, plus reimbursable expenses.
following contract changes:
Current Contract Amount
Requested Amendment #1
Revised Contract Amount
$289,540.00
$85,000.00
$374,540.00
Please note the
All Terms and Conditions of our current contract will remain in force. If this Agreement meets with your approval, please sign
below and return a copy to us.
Sincerely,
Atze-a-
Sheila M. Condon, FASLA
President / Landscape Architect
APPROVED DATE
landscape architecture
July 18, 2019
Matt Buchanan
President
PEARLAND Economic Development Corporation
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Re: Pearland SH288 PH. II Plant Procurement
CCA Project No. 117-048
BID No. 0619-47
Dear Matt:
CLARK CONDON
10401 STELLA LINK ROAD
HOUSTON,'TEXAS 77025
phone 713.871.1414 fax
CLARKCONDON.COM
Two proposals were received for the Pearland SH 288 PH. II Plant Procurement Services of the Pearland SH288
Beautification Project.
Landscape Art provided a qualified Base Bid proposal of $1,045,492.40 on June 27, 2019. No alternates were accepted.
It is our recommendation that Landscape Art with a proposal not including the Alternates of $1,045,492.40 be awarded the
contract and authorized to perform this work. This recommendation is based on Landscape Art providing a complete proposal
with all required supplier information, previous experience with like work and their ability to complete projects on time and in
budget. Clark Condon has had previous experience with Landscape Art completing like work on schedule and within budget.
Should you have any questions, please contact me.
Best Regards,
j:71714
Jason A. Miller
Principal Owner
Clark Condon Associates
landscape architecture
Bid #0619-47 Plant Procurement - Evaluation Recap
Landscape Art
Environmental Tree & Design
Bid Amount
$2,439,659.60
$5,768,540.45
# of Lines Bid - review notes
All
All
Price 30 pts
30.00
12.69
Qualifications 40 pts
38.33
26.67
References 20 pts
16.67
5.00
Proposal 10 pts
10.00
6.47
Total Points
95.00
50.82
Notes:
Provided all requested information to assess qualifications and
sufficiently demonstrated experience with similar projects.
4.1.9 response - I do not agree that the only time for city to
provide input on trees is when plants are being delivered to
the site. (deduction in qualification) responded to 12 of 12
required lines in bid package.
Did not provide requested information to assess qualifications
sufficiently. Projects listed do not sufficiently demonstrate
experience with similar projects; insufficient project
information provided.
Specialize in large tree relocation. Responded to 6.5 out of 12
required items in bid package or provided 54% of the
information
Phase III - Plant Installation and Irrigation Services
in Median
Bid#0619-48
Bid Tabulation with Estimate Comparison
Landscape Architect Recommendation Letter
Evaluation Scoring
Bid # 0619-48
an
George Meeks 102%
Landpro, Inc.
Landscape Art, 119%'
Inc.
Total Price
$551,893.96
Total Price
$647,064.14
Line # Description
QTY
UOM
Unit
Extended
Unit
Extended
CCA
QTY
CCA Unit
CCA Extended
Base Bid
$551,893.96
$647,064.14
$543,455.00
1
MOBILIZATION & SITE PREP (NOT TO EXCEED 3% OF
TOTAL BID AMOUNT)
1
LS
$13,241.15
$13,241.15
$8,221.00
$8,221.00
1
$ 16,000.00
$16,000.00
2
BONDS
1
LS
$16,287.00
$16,287.00
$11,000.00
$11,000.00
1
$ 20,000.00
$20,000.00
3
CONSTRUCTION PERMITS
1
LS
$200.00
$200.00
$2,206.40
$2,206.40
1
$ 5,000.00
$5,000.00
4
COMPACT MAIDEN GRASS- 3 GAL.
805
EA
$94.95
$76,434.75
$52.83
$42,528.15
805
$ 25.00
$20,125.00
5
PINK OLEANDER 'HARDY PINK' - 7 GAL.
613
EA
$111.38
$68,275.94
$141.07
$86,475.91
613
$ 75.00
$45,975.00
6
WHITE OLEANDER 'WHITE'- 7 GAL.
612
EA
$111.38
$68,164.56
$141.07
$86,334.84
613
$ 75.00
$45,975.00
7
RED OLEANDER 'HARDY RED' - 7 GAL.
612
EA
$111.38
$68,164.56
$141.07
$86,334.84
613
$ 75.00
$45,975.00
8
IRRIGATION COMPLETE IN PLACE
1
LS
$182,312.00
$182,312.00
$283,246.00
$283,246.00
1
$ 225,000.00
$225,000.00
9
90 DAY LANDSCAPE MAINTENANCE PERIOD
1
LS
$10,000.00
$10,000.00
$10,800.00
$10,800.00
1
$ 25,000.00
$25,000.00
10
ELECTRICAL COMPLETE IN PLACE
1
LS
$33,814.00
$33,814.00
$13,789.00
$13,789.00
1
$ 25,000.00
$25,000.00
11
TRAFFIC CONTROL (TxDOT STD LANE CLOSURE)
1
LS
$15,000.00
$15,000.00
$16,128.00
$16,128.00
1
$ 20,000.00
$20,000.00
Subtotal Est. incl. 10% Contingency $ 543,455.00
July 18, 2019
Matt Buchanan
President
PEARLAND Economic Development Corporation
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Re: Pearland SH288 PH. III Medians
CCA Project No. 117-048
Bid No. 0619-48
Dear Matt:
CLARK CONDON
10401 STELLA LINK ROAD
HOUSTON, TEXAS 77025
phone 713.871.1414 fax 713.871.0888
CLARKCONDON.COM
Two proposals were received for the construction of the Pearland SH288 PH. III Medians..
Landscape Art provided a qualified proposal of $647,064.14 on July 11, 2019.
It is our recommendation that Landscape Art with a proposal of $647,064.14 be awarded the contract and authorized to
perform this work. This recommendation is based on Landscape Art providing a complete proposal with all required supplier
information, previous experience with like work and their ability to complete projects on time and in budget. Clark Condon has
had previous experience with Landscape Art completing like work on schedule and within budget.
Should you have any questions, please contact me.
Best Regards,
Jason A. Miller
Principal Owner
Clark Condon Associates
landscape architecture
Bid #0619-48 Plant Installation and Irrigation
Services
Geroge Meeks Landpro
Landscape Art,Inc.
Bid Amount
$ 551,893.96
$ 647,064.14
Cost Proposal 30pts
30.00
25.59
Company Overview/Legal Structure 5 pts
5.00
5.00
Experience/Qualifications 20 pts
10.00
20.00
Exp W/Similar Projects 15 pts
4.77
11.67
Project Schedule & 10 pts
Ability to Meet Past Schedules
0.67
6.33
Safety Record 5 pts
5.00
4.67
Qualtiy Assurance Program 10 pts
3.33
7.67
Current Workload & 5 pts
Availability to Start Construction
3.33
4.33
Total Points
62.10
85.25
Notes:
Only 1 project over 1 million dollars currently and 0 projects
over 1 million over the past 3 years. (plant value is high on
this project). 22% of project history was roadway, most
projects referenced were education based. Contractor
failed to perform well on Fite Road which was a small
project manged by the City's Projects Department. no
schedule provided and no qualty control plan provided. 'Due
to cost, will need to re-evaluate scope of project to meet
anticipated project budget. Insufficient information provided
to determine experience on similar projects. Insufficient
information provided to determine qualifications and
experience of personnel who would work on the project. No
schedule provided. Response for suits and claims is not
sufficient. No HB89 Verification form provided.
Contractor is current recommendation for plant
procurement on this project. Contractor has 5 current
projects valued over 1 million and 7 projects completed
over 1 million in past 3 years (plant value is high on this
project). Contractor installed major SH 35 landscape,
gateway and Kirby Drive package. Contractor was
reported a couple time for sub contrctor traffic contol
concerns on SH 35 project. 'Due to cost, will need to re -
evaluate scope of project to meet anticipated project
budget. Provided all requested information in the
proposal and sufficiently demonstrated qualifications
and experience with similar projects.
REIMBURSEMENT AGREEMENT
SH288 AESTHETIC IMPROVEMENTS
CLEAR CREEK TO MAGNOLIA PKWY
BRAZORIA COUNTY SECTION
This Agreement is entered into this day of August, 2019, by and between the CITY
OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the Pearland Municipal Management District No. 2 (hereinafter, "District")
previously approved a SH 288 Corridor Master Improvements Plan (hereinafter, "Plan")
consisting of a beautification strategy to implement long term aesthetic improvements
intended to support the Pearland 20/20 Strategic Plan's goal of enhancing the
appearance of the 288 Corridor in order to sustain its economic prosperity; and
WHEREAS, the District and the Texas Department of Transportation (hereinafter,
"TxDOT") entered into an Advance Funding Agreementforvoluntary construction and
maintenance of long term aesthetic improvements in TxDOT ROW along the SH 288
corridor; and
WHEREAS, the PEDC has entered into a contract for the design of aesthetic
improvements along the SH 288 corridor that are consistent with the Plan.
WHEREAS, Brazoria County (hereinafter, ."County") is constructing mobility
improvements along SH 288 within the City (hereinafter, "County Project") and the City
desires to construct/fund certain aesthetic improvements along SH 288 within the City;
and
WHEREAS, the aesthetic improvements are generally identified as consisting of
hardscape and softscape improvements (hereinafter, "Aesthetic Improvements"); and
WHEREAS, the hardscape Aesthetic Improvements include: brick pavers, wet and dry
detention ponds, bridge painting, decorative form liner, pear sculpture foundations,
irrigation sleeves, lighting conduit, and pond edging; and
WHEREAS, the softscape Aesthetic Improvements include: landscaping, irrigation,
lighting, large water fountains, pear sculptures, and gateway signage as described in
Exhibit "A"; and
1
WHEREAS, the City, District, and County entered into an Interlocal agreement, (City of
Pearland Resolution No. R2016-164) approved by the City on September 27, 2016, for
the construction and maintenance of Aesthetic Improvements from Clear Creek south to
Magnolia Parkway (CR 59) within the City to set forth their respective responsibilities with
regard to the installation, ownership and maintenance of the aesthetic improvements; and
WHEREAS, City and PEDC entered into a Reimbursement Agreement (City of Pearland
Resolution No. R2016-164) on September 12, 2016 for the PEDC to fund the SH288
Corridor hardscape Aesthetic Improvements in the Brazoria County portion of the City.
WHEREAS, the City and District desire construction of the remaining Aesthetic
Improvements, separate from and at a later date than the County Project ; and
WHEREAS, the PEDC desires the construction of the Aesthetic improvements; and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, Section 505.303 of the Code, allows for the cost of a project to include the
maintenance and operating costs of the project; and
WHEREAS, the PEDC desires to fund the remaining Aesthetic Improvements; and
WHEREAS, PEDC approved funding the remaining Aesthetic. Improvements for the
City at its July 25, 2019, Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. The City shall enter into one or more contracts to construct the remaining Aesthetic
Improvements separate from the county project.
2. City shall obtain competitive line item bids in accordance with Local Government
Code Chapter 252 for the construction of the remaining Aesthetic Improvements
which may be bid in phases. City shall review the bids and award a contract to the
2
respondent offering the best value to the City within ninety (90) days. City reserves
the right to reject any and all bids for the construction of the Improvements. PEDC
must approve the bid, and any change order that exceeds 1 % of the bid. Following
award of the bid by City, City shall cause construction of the Improvements to
commence within 90 days ("Commencement Date"), and shall cause the
Improvements to be completed in accordance with the plans and specifications
within a reasonable period of time.
3. City shall, on a timely basis, submit to the PEDC, invoices submitted by the
contractor selected to construct the Improvements. PEDC shall, within ten (10)
days following receipt of an invoice pursuant to this section, review and approve
the invoice payment for payment to the contractor constructing the Improvements.
4. The estimated construction cost of the remaining Aesthetic Improvements is
approximately $13,540,000, as itemized in, Exhibit "B" attached hereto. PEDC
shall fund an amount equal to the actual cost of , the remaining Aesthetic
Improvements, which shall be paid to City in installments or a lump sum amount.
The timing and amount of the payment shall be determined at sole discretion of
the City, but in no event shall the total payments exceed the actual cost of the
improvements.
5. The initial term of this Agreement shall be for a period of thirty six (36) months,
commencing. on the day of August, 2019, and may be renewed as needed
until the Improvements are substantially complete.
6. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
7. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
8. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
9. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
3
10. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
11. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
12. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
13. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City:
If to PEDC:
City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 300
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corporation
By:
Brandon Dansby
Chair
4
CITY OF PEARLAND,
a Texas municipal corporation
By:
Clay Pearson,
City Manager
ATTEST:
Young Lorfing
City Secretary
Exhibit A
Aesthetic Improvements
Renderings
6
rn
•
.
a•
AM>Id >133d0 MOQVHS
-* r qrz
‘0,..,7, t.,,,,,tr!
m - ld • Z. 0
` O fNzi
m
1 me m
• •
nn. CIAAIL') n -
14"
_ 0 j •
SCREEN PLANTING
'4.14Y 0 Vip , \ .•
s *
. A 0.1 tri 1
. '''' ...., . OW '• ' t";"
tA • A . , .4 , ° *"
0
°/•.• . •
;lc
re' ,PEARLAND MEDICAL CENTER
fi
•
,
f'
a
• ,
BALD'CY,PRESS
Sy' - • .-.
-
GRASS
OLEANDER
PROPOSED T—RAMP
OLEANDER
WITHIN TOLL LANE
..._
DRY-DETENTIOK! 1'35,7-7 •
‘1
•
1
„ — .
d4a,A1S1211'
rol°,5!
u 11 j•,,, • f ••
• ••• L'Hit (1
• , •
CLARK CONDON
SIT11,0Y,17) • r. tr=1 • / 1110.11111 • 0 /....7.20./
(PEARI.,“
288 PEARLAND CORRIDOR
.
AESTHETIC IMPROVEMENTS
FIMINCIVNtlAt
Itt.400/1150,11
f1111.6 Th
41,51I
•-• • et4,-
V, .
'ir 4 ''r '.,... ,': ...• ,.., ..., ' .
- 4. -s.-*• - A. --.
.. ,
le ''•••-..40,y, *. • • . 7_4.-..0. 41',.- ..,.. - '11-':.,
I .' .,, • . .
L..
* ilk
.4 •
SCREEN PLANTING
het
*IN ,
!, ,..".."'.7."""°"'7""."4.•1.•-s•.-,...
7-7 ;tit
.
e 4?`r
;;;-.
/1"---/E", • .OLEANDER
L g
i-Rtg%
SAMS CLUB: i• 11 PC."—
•r11:
a '
11 iirP 44.k
•
,....
it. 4-...,-,..;„, -...,,-• ,••••• . -. • . •,t• _ tot, , ,i, _ 4 ' '''' i 1, ,,.. - - -wt. - =. ei .'-;.4
.',.. • *'"...".7.-4"4".....1.4.64-414
, .. " - '. :1 ,-,a as ' .,..' -1'. .
. . - .
ye- -.-- 41'...ill,""11, • — - .... --;p• ie ....-- " • - ., ' ,,- --....., e,-. ..,
, , ,
..
r,f,-Apr."------_-1-e------#7.:-.7--...m -- ir----11:0(------ - :4_ —,.. ,, . .
- : -- ..,-,-., --", - ....,_,---,-;;‘,- - . ',
.
,.....,..----- 1J,
- -' • • • I
_•.' .'...' _.1. . . •' .. ...-,, - ' '..: ,.. _, ' ''''''''''''''''. -''''' •• ••:‘ ''''Pit
• : n L , i
- ' •
•
141
.. •
.4!
• r' 1
WAL-MART
ri•
..17+ — • i
at a
"
.s , . .., t _St! ft • f t. . 7114 WIT 4 . i
"' a A- 7 - 1
` • -''''....41,44-14.,-;_!.. tir II I
0 A., 'API . y ,
, BEST BUY' ,
• i - 'I
.1 , ., ,..... 4
JC PENNY :, .,,,:lr'IP ,,. ' t ' ' ' '
,• ...0. . i 044w.lit:. - '''''';;MalligililliPLikapaimr0081/1011/Sfr... . a'
r:.; - ':,1 - -f" • '.
..f a! .•,' ..
•.
.4* - . -:-.......- _I.-
,' Itliik-' i I h." t 0 .4 ..'",-
+" ... l,, .. ,,,. , ' .,...-., .,. .1% ...•47 - so .10* • — ....
..., ... , ?te.
.3 41----) ---- --, --- i '
. -1
"I"
:
La 41.0 .0u
Ter
1.44
kNy
• • t• .s
%WI:kV
Att
I dtA (I
.14 d -,..
CLARK CONDON Le _• 288 PEARLAND CORRIDOR
AESTHETIC IMPROVEMENTS
smi•Lexaa • ..e.rizr. wr.-.1. • TRIM MI • CIAIRLSCLAII.1 - • WI
PINUAND VIIVE.F4A4WICIAILNI WOO= 0
s
I .11t, tel t,tf,
10 I
Zit ON•Str4 AL, • "
•
1),
03,011
s'
c -
•
1.4 ..... •
! •
- -'• •
• ',II; ,•
•
19iir -
, ,••
• .r.,•1•;•••&-`,ia,t`if..Ep,RL‘NDF:
• -G4TEWA, Y ••• •„, •
• •
, 0
r
'• 0 •-•••• ""- sk. LIVE OAK TREES:.
SIDEWALK- ,. , ey,
•,„ \•„
• - • ••t"; •,,A141,417'.
:0LEANDER
-
FOUNTAINS .
,••
- •
'
y
•
• •
PYLONIS'
14C0L0R11F14.1'. 11
• I..;
'
• ,,
PEAR.SCULPTURE (8 zroTAL)
. .
•
' ,•"74.--;'''' -•• ."..,./- ,••te
''''1,': s.::::1,ie''r ''.."410.S'ic'''1:;4'.'*';''''''....:11:'t2:1;'::7•••:/:':;.''' '''''' '''''''''..- ''''''.1'.:!"
;'
i' - ' 4•,.. ' j
' st•--.,`','":•., ....• -
';.,-• . C.: . 4
gs.
lir0;?"-T
_
trai. 77.
tit "
• •
' .e. .• • .N- 1 .6-1-1.-7,1 .I --e : '''' . ?•;" - .• ' , -.' . ''. ';'_••4.7- •••• -- " -'''' -V
' —1 - '4:•gt71:: _..r.
'• ,f . . ,... , _
''. 44 A 4;',. 4.41 -....
. .
r •••'" ‘-• . ... t-'• 1,, ' .3#"' ''''''',. '''*" ' i:.1" ••••, • ' - - ' ';',‘,
io,..
,•• - ' * ,, ,, . •...i -„ +t,.a .P.- . ,... . "4„ ;
.44
t ; __ , r I ,..: •I• i , • I L.' mtni :''';'',.:A , , , , .. , ' , ' • 1" • •
d
• "
" -
SCREEN PLANTING
ENHANCED WITH FRONTAGE ROAD CONSTRUCTION -
_LANTING BEDS
BRICKPAVERt- ----
•
PEARLAND''''
GATEWAY
, ..
PEARLAND ,-,
TOWN CENTER "
• t -? 1 ' [ .
-- — —
'• '
1;14'1
/e4 , 4 "
24, :,
* 2 .
4•••? A4'
e •
CLARK CONDON
•4•41ezr....toom • WI= a 1 • CIIRSLIK.140.1
4
(PEAR,...' •f-
--• XI 4•7
288 PEARLAND CORRIDOR
AESTHETIC 14.:PROVEHE1/TS
4.N.A.CL4.0.1V.Irmn
rcs....r.<4140•4evi
teals
•••.•
Exhibit B
Aesthetic Improvements
Itemized List
City Contracts:
General Conditions/Site Prep
$ 826,400
Pear Sculptures
$ 2,480,000
Entryway Signs/Columns
$ 2,594,350
Lighting/Electrical/Street Lights/Traffic Signals
$ 838,500
Painting & Power Washing
$ -
Landscaping
$ 3,448,840
Irrigation
$ 1,415,000
Ponds/Drainage/Fountains/Fill
$ 720,000
Pavers/Curb/Sidewalk/Barriers/Paving/Formliner
$ -
Demolition
$ -
Landscape Architect & Engineering soft costs
$ -
10% Contingency
$ 1,147,428
Total $ 13,475,000
City Estimate: - $13,475,000
PEDC Contracts:
• Construction Phase Services - $65,000
PEDC Estimate - $65,000
Total Construction Estimate - $13,540,000