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R2022-146 2022-07-11RESOLUTION NO. R2022-146 A Resolution of the City Council of the City of Pearland, Texas, renewing a supply contract for street and sidewalk maintenance, with Greenscapes Six, LLC, in the estimated amount of $932,520.00, for the period of July 13, 2022 through July 12, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously opened unit supply bids for street and sidewalk maintenance. Section 2. That the City Council hereby renews a contract with Greenscapes Six, LLC, in the unit supply amounts reflected in Exhibit “A” attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the supply of street and sidewalk maintenance services. PASSED, APPROVED and ADOPTED this the 11th day of July, A.D., 2022. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F Exhibit A 1 City of Pearland r r4i,EZ,) 3519 Liberty Drive .,1 Pearland, TX 77581 SERVICE CONTRACT NO. 0521-46 Annual Sidewalk and Street Maintenance THIS CONTRACT("Contract") is entered into by and between the City of Pearland, a Texas home-rule municipal corporation ("City") and Contractor ("Contractor"), and consisting 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: Greenscapes Six 7020 FM 3180 Baytown, TX 77523 Description of Services: Contractor will provide sidewalk and street maintenance services, for the City of Pearland, per the specifications of Bid No. 0521- 46. Contract Amount: Unit Price Contract, Estimated Amount of$932,520.00 Effective Date: July 13, 2022 End Date: July 12, 2023 Renewals: One (1) renewal option available, upon mutual agreement of both parties. Resolution No/Bid No: Bid No. 0521-46 II. Signatures "TX.Q.ERFARLAND CONTRACTOR 1jwLo f5xkr 7/15/2022 17:50 AM CD-, 4---- Purchasing Officer Date Title: MIKE ARCHER, MANAGING PARTNER DocuSigned by: �fn,Asbv� 7-1-2022 aati / 7/15/2022 17:54 AM T eeteeNoo *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager— up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Service Contract Standard Form Page 1 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal No 0521-46. ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one (1) year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to one (1) additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of$932,520.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayablepearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: Sue Ellen Arredondo Department: Engineering & Public Works Phone: 281.652.1946 Email: sarredondo@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the City's Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein.Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments.Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the Service Contract Standard Form Page 3 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Dante Prescod Title: ROW Superintendent Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1907 IF TO CONTRACTOR: Greenscapes Six Attn: Mike Archer Title: Managing Partner Address: 7020 FM 3180, Baytown, TX 77523 Phone: 281.740.3057 17. 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 Service Contract Standard Form Page 4 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT 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. 18. 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. 19. 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. 20. Termination. (A) 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. (B) 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 shall provide 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 pursuant 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. 21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Service Contract Standard Form Page 6 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Bid No. 0521-46 Exhibit 2: Contractor's Bid/Proposal Response Service Contract Standard Form Page 7 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F ATTACHMENT A — SCOPE OF WORK Scope of services shall consist of the contractor to provide sidewalk and street maintenance services, for the City of Pearland, per the specifications of Bid No. 0521-46. Pricing is as follows per contractor's response to the same, as listed per Attachment B. DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F ATTACHMENT B - BID/PRICING SCHEDULE li:,.id# 0521-46 Title Annual 5,14:Jewell(and Street Maintenance Contract 0121es LINE ITEMS ,„"7,31kt, P.... Lie n Deserlipill II U 0 7:1. QTY : Unit. 1 CO li,CRETE,SIDEWALK AND STREET REPAIRS, :! 1 1 I I Linear 1„1 Saw Cut Concrete(Full Depth) Foot 1 1.40 $25,00 Sidewalk Removal and Replacement -4-Inch thickness, 4-Foot Linear 1.2 Width Foot 28000 $„17,25 , Sidewalk Removal and ,!".eplacement-4-1r4,11) Thickness, 5-Foot li Linear 1,3 Width Foot ', 350, : ;$,:24,qo Sidewalk, Removal.i.l'ini:J Replacement -4-Inch Thickness, 6-Foot Linear 1,4 Width Foot , 350 $24,00 „.............m...... Linear 1,5 New Side,walk Placement- 4-linch thickness„ 4400t,wvith :i Foot 420,0 $17.35 Linear 1,6 New Sidewalk Placement —4-inch thickness, 54eet width Fool 350, $23.00 Linear 1.7 New Sidewalk Placement-4-1noh. thickness, 6-foot width ' Feet t.350 .,, $24.00 Linear New Sidewalk Placement- 4-inch thickness, 10-toot width Foot , 350 I $40.00 Sq 1,9 Onvoway Removal Placement-6-inch thickness, varying width Yard 200 $63.00 Se 1.10 Street Removal Replacement - 8-inch thickness, varying width Yard 200..:1 ..14.20,00, 1 't,11 Wheal Chair Ramp Replacement 4-inch thickness, : EA 281 $800„00 1.12 1Manhole Adiusting!Repair „ EA , 28 $400.00 Linear ....1„13 Tree Root Barrier . Foul 1406, Linear 1.14 Curb Removal and Replacement Fool 280 $23.00 Valve Boxes, Meter Boxes., and ElectriCall Boxes 1„15 AdiustingiRepair . EA 14 $50,000 . 1„16 : inlet AejustingiRopa it- EA 14 $400.00 Extra 5,000 PSI Reinforced Concrete, Whore Required. Cubic 1„17 ,Complete in place 14 ,. Yard $330,00..... I 1.18 : :Payment For Bonds .,..Ind Insurance EA 1 $5,000.00 Replacement and Instellaticria of SOD (St,Augustine or Si) 1„19 Bemllda) Yard 100 $,6,00 ' I Linear 1 1.20 IReinforced Filter Fabric Fence, Complete In Place, the sum of Foot 100. .... $1,50 1,21 IMobilization (not to exceed 3% of total bid) EA. 5 1 $1„500.00 C'''',uhic 1....122.........,.....AfterriatiyeltallEarlypless K Modified Mix Concrete Option Yard 50 t $130.00 Traffic Control and Regulation, Including Flagman„ Sighs, Barrels, Barricades. Relocating and Replacing Existing Signs, 1. 1„23 Corripleit in Pliaoe„ the t3urn of EA 10 . $1 500,00 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F ATTACHMENT C — INSURANCE 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. 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 Statutory Limits City to be provided a WAIVER Employers' Liability $100,000 per occurrence OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General Personal Injury-$1,000,000 per City to be listed as additional (Public) Liability to include person; Property Damage - insured and provided 30-day coverage for: $1,000,000 per occurrence; notice of cancellation or a) Premises/Operations General Aggregate - material change in coverage. b) Products/Completed $1,000,000 Operations City shall be provided 30-day c) Independent notice of cancellation or Contractors material change in coverage. d) Personal Injury e) Contractual Liability 3. Business Auto Liability to Combined Single Limit- include coverage for: $1,000,000 a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F ATTACHMENT D —WARRANTY 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. DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F Cityrinh of Pearland Purchasing Department AVID 411,A281.652.1775 3519 Liberty Drive ebids( pearlandtx.gov Pearland, TX 77581 Contractor Insurance Requirements & Agreement 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. 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 Statutory Limits For WC, CGL, and BAL, the City is Employers' Liability (WC) $1,000,000 per occurrence to be provided a WAIVER OF SUBROGATION. 2. Commercial General (Public) Personal Injury- $1,000,000 per CGL and BAL, City to be listed as Liability (CGL)to include coverage person; Property Damage- additional insured and provided 30- for: $1,000,000 per occurrence; day notice of cancellation or material a) Premises/Operations General Aggregate - $2,000,000 change in coverage. b) Products/Completed Operations WC, CGL and BAL, City shall be c) Independent Contractors provided 30-day notice of d) Personal Injury cancellation or material change in e) Contractual Liability coverage. 3. Business Auto Liability (BAL)to Combined Single Limit- include coverage for: $1,000,000 CGL will include a non-contributory a) Owned/Leased vehicles addendum. b) Non-owned vehicles c) Hired vehicles If the contract involves a professional service,the contractor will also be required to provide the City with professional liability insurance in an amount of at least$1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids pearlandtxxiov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids pearlandtxxiov. 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# 0521-46 Company: Greenscapes Six, LLC. Signature and PrintedName: Mike Archer Mike Archer DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F AccoREP® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT John (JD)Weinel NAME: Texas First Insurance PHONE o,Ext): (409)934-8000 FAX No): (409)935-1883 7900 Emmett F.Lowry Expy E-MAIL jd.weinel@texasfirst.insurance ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Texas City TX 77591 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Continental Insurance Co 35289 Greenscapes Six,LLC INSURER C: American Cas Co of Reading PA 20427 7020 FM 3180 Rd INSURER D: INSURER E: Baytown TX 77523 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO RETED $ 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A PMT 7018241424 03/27/2022 03/27/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PROT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JEC OTHER: Employment Practices $ 100,000 AUTOMOBILE LIABILITY GOAkeINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B - OWNED SCHEDULED BUA 7018241438 03/27/2022 03/27/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Underinsured motorist $ 1,000,000 UMBRELLA LIAB X 5,000,000 OCCUR EACH OCCURRENCE $ B - EXCESS LIAB CLAIMS-MADE CUE 7018241455 03/27/2022 03/27/2023 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 7018241441 03/27/2022 03/27/2023 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Any One Item 50,000 Leased/Rented Equipment A Installation Floater 7018448931 03/27/2022 03/27/2023 Any One Occurrence 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability and Auto policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder and the General Liability,Auto,and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation wording to the certificate holder. These endorsements,to the extent provided in the policy,all apply when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy will pay for a covered loss on a primary basis and the Company will not seek contribution from the Certificate Holder for such loss.Excess Liability policy follows form to underlying liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland TX 77581 e I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F AccoREP® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/23/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT John (JD)Weinel NAME: Texas First Insurance PHONE o,Ext): (409)934-8000 FAX No): (409)935-1883 7900 Emmett F.Lowry Expy E-MAIL jd.weinel@texasfirst.insurance ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Texas City TX 77591 INSURERA: Columbia Casualty Company 31127 INSURED INSURER B Greenscapes Six,LLC INSURER C: 7020 FM 3180 Rd INSURER D: INSURER E: Baytown TX 77523 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Prof REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim 1,000,000 Professional Liability A CEO 7034168265 06/22/2022 06/22/2023 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN See 1st Page for Holder Information ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE p ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F From: Melissa Sullinoer To: Sue Arredondo Subject: Re: Request for Additional Form Needed for City Council-Greenscapes Six Date: Thursday,June 30,2022 3:31:48 PM Attachments: image001.ipq Looks good Sent from my Verizon, Samsung Galaxy smartphone Get Owl Q.Qkfox.......d.: ....cd Melissa ullin eIr Get Connected: Assistant Director Human Resources Human Resources City of Pearlolnd 3519 Liberty Dr Pearlolnd, TX 77581 P: 281.652.1633 M: 713.725.3072 orlondix ov 1I, For emergency accidents or injuries 24-hours a day, 7 days a week, please call 713.775.1471 From: Sue Arredondo <sarredondo@pearlandtx.gov> Sent:Thursday,June 30, 2022 2:04:06 PM To: Melissa Sullinger<msullinger@pearlandtx.gov> Subject: FW: Request for Additional Form Needed for City Council -Greenscapes Six Hi Melissa, Please review attached COI. Thanks! ue Arredondo Get Connected: Contract Adlministrator l Projects l City of Pearlolnd 2016 Old AlvinPearlolnd, TX 77581 l l F 281 .652.1946 M: 832.627.2100 p . .apd: ..::.. . ay c,Iigh 17ere for.. .....::7-19 ... dates I.ligh IIIere to U Jtili :e CDlir e. nar;urns• From: Mike Archer<marcher@greenscapes6.com> Sent:Thursday,June 30, 2022 1:55 PM To: Sue Arredondo <sarredondo@pearlandtx.gov> Cc:Joey Taylor<jtaylor@greenscapes6.com> Subject: RE: Request for Additional Form Needed for City Council -Greenscapes Six Sue, here are the forms. Please let me know if there is anything else we need to provide.Thanks Wide "Aciter Managing Partner Greenscapes Six 713-501-7456 DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-905795 Greenscapes Six, LLC Baytown, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/30/2022 being filed. City of Pearland Date Acknowledged: 06/30/2022 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. 0521-46 Sidewalk Construction Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Archer, Mike Baytown,TX United States X Taylor, Joey Baytown,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-905795 Greenscapes Six, LLC Baytown, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/30/2022 being filed. City of Pearland Date Acknowledged: 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. 0521-46 Sidewalk Construction Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Archer, Mike Baytown,TX United States X Taylor, Joey Baytown,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is MIKE ARCHER , and my date of birth is 5/30/1968 My address is 7020 FM 3180 , BAYTOWN , TX 77523 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in CHAMBERS County, State of TX ,on the 30 day of JUNE 20 22 . (month) (year) , ^ Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc DocuSign Envelope ID: El 8F9A1 E-60C6-4E44-9F52-C8C67C957D3F CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification MIKE ARCHER (Person name), the undersigned representative (hereafter referred to as "Representative") of GREENSCAPES SIX, LLC (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 30 day of JIJNE , 20 22 . J.JZ Notary Public AWE DALE GUY ARCHER 1 •N My Notary ID#133598052 '1,,k4,0' Expires February 25,2026