R2008-066 2008-04-28RESOLUTION NO. R2008-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR LANDSCAPE SERVICES ASSOCIATED
WITH THE SCARSDALE MEDIAN PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for landscape services associated with the
Scarsdale Median Project, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Martin Landscape
Management, in the amount of $132,543.78.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction services associated with the Scarsdale Median Project.
PASSED, APPROVED and ADOPTED this the 28th day of April, A.D., 2008.
f-c~
TO EID
MAYOR
ATTEST:
c~:~-= fit. G~-_
DARRIN M. COKER
CITY ATTORNEY
APPROVED AS TO FORM:
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
ATTACHMENT NO. 2 TO GENERAL CONDITIONS
AGREEMENT FOR FINAL PAYMENT
AND CONTRACTOR'S SWORN RELEASE
In c nsideration f the Final Payment under that certain contract between
4gr�,osCAot Ai / (hereafter "CONTRA R") and the City of Pearland
(hereafter "OWNER") for the Project known as c 11,t ,09tzt ,4%o-:v•✓r (the
"Contract"), the CONTRACTOR makes the following representations to OWNER, either
individually if a proprietorship, or jointly and severally by all general partners if a partnership, or
if a corporation, by action of the president and secretary of said corporation, as duly authorized by
appropriate action of the stockholders and/or board of directors of said corporation, their
signatures hereon constituting a representation under oath by said individuals that they have the
authority to execute this Agreement for and on behalf of the said corporation:
I. The undersigned CONTRACTOR represents to OWNER that the Application for
Payment for the Final Payment under the Contract, and the final Change Order issued under the
Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER,
the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit
"A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all
other Applications for Payment submitted under the Contract, and that CONTRACTOR has been
fully compensated for all labor, materials, equipment and/or services furnished in connection with
the Contract, except for the Final Payment.
2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the
receipt of Final Payment in the amount as set out on the attached Application for Payment, the
CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and
FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands,
obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in
contract or in tort, now existing or which may hereafter accrue, arising out of or related to the
Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or
services furnished by CONTRACTOR to OWNER.
3. The CONTRACTOR, acting by and through the person or persons whose names
are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to
all materialmen, suppliers, laborers, subcontractors, or other entities performing services or
supplying materials or equipment, and that OWNER shall not be subject to any bills, claims,
demands, litigation or suits in connection therewith.
4. It is further specifically understood and agreed that this Agreement for Final
Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also
specifically understood and agreed that this Agreement shall not act as a modification, waiver or
renunciation by OWNER of any of its rights or remedies as set out in the Contract itself,but this
Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement
thereto for the additional protection of OWNER.
05/2007 00700-B I
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
SIGNED and EXECUTED this,the day of , 20_
CONTRACTOR:
By:
Signature
Pint Name:
Title:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner
must sign; if a corporation, the following language should be used.]
SIG MD and E CUTED this,�She 21W day of re....r06
20 Q by /Y'�s2 r,.1J x 4✓Ast'4,02 , a Texas corporation, under authority
granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of
a meeting of said corporation regularly called and held.
CONTICT R:
By: Nk
President
—1 ST:
Corpo e Secretary
(Corporate Seal)
[This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a
partnership or a joint proprietorship, additional signature lines should be added for each
individual.]
052007 00700-B2
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
AFFIDAVIT
STATE OF TEX §
COUNTY OF nI'/Z/J §
BEFORE ME,the undersigned authority, on this day personally appeared the person or
persons whose name(s)are subscribed to the above and foregoing Agreement for Final Payment
and Contractor's Sworn Release,who each, after being by me duly sworn, on their oaths deposed
and said:
I (We)am(are)the person(s)who signed and executed the above and foregoing
Agreement for Final Payment and Contractor's Sworn Release, and I (we)have read the
facts and statements as therein set out and the representations as made therein, and I(we)
state that the above and foregoing are true and correct.
CONTRACTOR - Affiant /1/dK T,
Oct
SWORN TO AND SUBSCRIBED TO before me,the Z-/.f( day of 200 ..
Notary Public, State�offTTeexas
ElePutt, RY� %�'/ �C �e OF EXP.10-30-2008 My C rnmission Expires:
�C�G N �OO�
[This form is for use in the event CONTRACTOR is a corporation.]
07/2006 00700-B3
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
AFFIDAVIT
STATE OF TEXA §
COUNTY OF M/1A( §
BEFORE ME, the undersigned authority,on this day personally appeared the persons
who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's
Sworn Release, whose names are set out above, who each, after being by me duly sworn,on their
oaths deposed and said:
We each are the persons whose names are subscribed above, and hold respectively the
offices in the corporation as set out above, and each state under oath that we have the
authority to execute this Agreement for Final Payment and Contractor's Sworn Release
for and on behalf of said corporation,pursuant to authority granted to us in the Charter of
said corporation, the By-Laws of said corporation and/or the Minutes of said corporation;
and the facts,statements and representations as set out in the instrument to which this
Affidavit is attached, are true and correct.
SWORN TO AND SUBSCRIBED TO before me this, the2 rday of CC.ro 6 2"-- ,
200 .
,00 ilk, VEUNDA R BARRY�� Not Public, St t of Texas
„Co NOTARY PUBLIC
d>. ∎ STATE OF TEXAS
'110F0'° MY COMM.EXP ;3-10-2008 Y Commission=
, . , ,,. _„.- .oseestmerrno Off'' 3 6 )'°°(1
0712006 00700-B4
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
ATTACHMENT NO. 2 TO GENERAL CONDITIONS n
AGREEMENT FOR FINAL PAYMENT Z
AND CONTRACTOR'S SWORN RELEASE Z
m
In insideration.ybf qte Final Payment under that certain contract between C'
„n'i sc'd' /f , (hereafter "CONTRAQTOR") and th9, City of Pearland
(hereafter "OWNER") for the Project known as �4/zcp gG f f4idv1 (the
"Contract"), the CONTRACTOR makes the following representations to OWNER, either
individually if a proprietorship, or jointly and severally by all general partners if a partnership, or
if a corporation, by action of the president and secretary of said corporation, as duly authorized by
appropriate action of the stockholders and/or board of directors of said corporation, their
signatures hereon constituting a representation under oath by said individuals that they have the
authority to execute this Agreement for and on behalf of the said corporation:
1. The undersigned CONTRACTOR represents to OWNER that the Application for
Payment for the Final Payment under the Contract, and the final Change Order issued under the
Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER,
the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit
"A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all
other Applications for Payment submitted under the Contract, and that CONTRACTOR has been
fully compensated for all labor, materials, equipment and/or services furnished in connection with
the Contract, except for the Final Payment.
2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the
receipt of Final Payment in the amount as set out on the attached Application for Payment, the
CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and
FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands,
obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in
contract or in tort, now existing or which may hereafter accrue, arising out of or related to the
Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or
services furnished by CONTRACTOR to OWNER.
3. The CONTRACTOR, acting by and through the person or persons whose names
are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to
all materialmen, suppliers, laborers, subcontractors, or other entities performing services or
supplying materials or equipment, and that OWNER shall not be subject to any bills, claims,
demands, litigation or suits in connection therewith.
4. It is further specifically understood and agreed that this Agreement for Final
Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also
specifically understood and agreed that this Agreement shall not act as a modification, waiver or
renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this
Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement
thereto for the additional protection of OWNER.
05/2007 00700-B 1
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
SIGNED and EXECUTED this,the day of , 20 .
CONTRACTOR:
By:
Signature
Pint Name:
Title:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner
must sign; if a corporation, the following language should be used.]
SIGN D and �CUTED this, t eZ �7 day of (OeTo/3 f� ,
20 of by -/i77n.Jfy/yDs€/h°s / ,nr .vc , a Texas corporation, under authority
y � q ,
granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of
a meeting of said corporation regularly called and held.
CONTRACTOR:
By: J -C9 f
President
ril ST:
101,
■
rte
Corpo Secretary
(Corporate Seal)
[This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a
partnership or a joint proprietorship, additional signature lines should be added for each
individual.]
05/2007 00700-132
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
AFFIDAVIT
STATE OF TEXA §
COUNTY OF /liS §
BEFORE ME,the undersigned authority, on this day personally appeared the person or
persons whose name(s)are subscribed to the above and foregoing Agreement for Final Payment
and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed
and said:
I (We)am(are)the person(s) who signed and executed the above and foregoing
Agreement for Final Payment and Contractor's Sworn Release, and I (we)have read the
facts and statements as therein set out and the representations as made therein, and I(we)
state that the above and foregoing are true and correct.
CONTRACTOR - Affiant / /'/ /911-ri")
SWORN TO AND SUBSCRIBED TO before me,the Z/Sf fart day of 2001.
... Notary Public, State of Texas
.fir aug VEDA R BARRY
`�—0167* NOTARY RELIC
SITE OF TEXAS My C,��ssion Expires:
• _� MY COMM.EXP.103 Ve�0-2008 c 3f) k,00f
[This form is for use in the event CONTRACTOR is a corporation.]
07/2006 00700-B3
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT •
AFFIDAVIT
STATE OF TEXAS §
COUNTY OF /MAO
§
BEFORE ME, the undersigned authority,on this day personally appeared the persons
who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's
Sworn Release, whose names are set out above, who each, after being by me duly sworn,on their
oaths deposed and said:
We each are the persons whose names are subscribed above, and hold respectively the
offices in the corporation as set out above, and each state under oath that we have the
authority to execute this Agreement for Final Payment and Contractor's Sworn Release
for and on behalf of said corporation,pursuant to authority granted to us in the Charter of
said corporation, the By-Laws of said corporation and/or the Minutes of said corporation;
and the facts,statements and representations as set out in the instrument to which this
Affidavit is attached, are true and correct.
SWORN TO AND SUBSCRIBED TO before me this, the Ziff-day of Otto -- ,
20th.
P ._
uVE1 INDA R BARRY Nota ublic, S t of Texas
NOTA71Y MUG
`{ ,TUE OF TEXAS
'qor . M r,�COMM.OW.10-30.2008 y Commission Expire
. . Qet 36/ foot
J
07/2006 00700-B4
SURETEC INSURANCE COMPANY
9737 Great Hills Trail, Suite 320, Austin, Tx 78759
j)
OWNER ❑ 0
ARCHITECT ❑
CONSENT OF SURETY CONTRACTOR El
TO FINAL PAYMENT SURETY 0
OTHER
BOND NO.: 5017950 z
M
TO OBLIGEE: 0
(Name and Address) CONTRACT FOR
City of Pearland
Landscaping
PROJECT: CONTRACT DATED:
(Name and Address)
Scarsdale Median
PRINCIPAL: Martin Landscape Management,Inc.
At the request of the Obligee and the Principal indicated above,(Insert name and address of Surety)
SureTec Insurance Company, 9737 Great Hills Trail, Suite 320, Austin, TX 78759
, SURETY,
on bond of
Martin Landscape Management,Inc.
,CONTRACTOR,
and conditioned on the representation by Obligee that all Contract provisions relating to the payment of final
payment under the Contract have been satisfied by Principal as of the date of final payment,and that no claims
by Obligee or any third party are known or believed by Obligee or its representatives to exist as of the date of
final payment,representations as to the truth and accuracy of the foregoing conditions being deemed to have
been made by Obligee in connection with this request for Consent of Surety, hereby approves of the final
payment to the Principal,and agrees that final payment in accordance with the terms hereof shall not relieve the
Surety of its obligations to
City of Pearland
,OBLIGEE,
as set forth in said Surety's bond.
IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date:October 22,2008
(Insert in writing the month followed by the numeric date and year.)
Sur ec Insurance Company
(Signature of authorized re esentative)
/ Robert M. Overbey,Jr.,Attorney-In-Fact
Attest:
(Seal): . I • •: ■ ,
6
SURETEC CONSENT TO FINAL PAYMENT REV. 1.1.2004
POA#: 4221031
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Robert M.Overbey,Jr.,Carol E.Hock,Schanette L.Holtke
of Houston,Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name,place and stead, to
execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and no/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`x'of April,
1999)
In Witness Whereof; SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 20th day of June,A.D.2005.
nruuxw.µa URETEC INS '0. CE COMPANY
tuc't X,'4 •t°g By: ~' A
ce;"'w+ Bill King r •nt
State of Texas ss: 7 y 4 .1.N.,
County of Harris
On this 20th day of June,A.D. 2005 before me personally came Bill King, to me known, who,being by me duly sworn, did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
Michelle Denny
Notary
• � State of Texas
,›:, My Commission Expires Michelle Denny,Notary
` Au
August 27,g 2008 My commission expires August 27,2008
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this / day of ,20cg ,A.D.
iit4d2
M.Brent Beaty,Assistant Se it ry
Any instrument issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
SLL eTeC [n:surance Cot. dany
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Ci)
Statutory Complaint Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or Z
to make a complaint at: 1-866-732-0099. You may also write to the Surety at:
m
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252-3439. You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable
for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related
products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills,
contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Rev 1.1.06
E9�
Ingellekit
T F X ASIF
fs r. le
CERTIFICATE OF SUBSTANTIAL COMPLETION m
August 14, 2008
CITY OF PEARLAND
Scarsdale Median Landscape
TR0809
OWNER: City of Pearland CONTRACTOR: Martin Landscape Management
3519 Liberty Drive, Suite 300 5340 Ted Street
Pearland, Texas 77581 Houston, TX 77040
A substantial completion inspection of the captioned project was conducted on August 14, 2008,
and the Project was found to be substantially complete in accordance with the Plans and
Specifications, and in accordance with the agreement made between the City of Pearland and
Martin Landscape.
In accordance with the terms and conditions of the Contract, the Contractor is notified that he
shall furnish the City with the required Maintenance Bond for a period of one year from the date
of this certification. Contractor shall notify M2L Associates Inc., in writing, when the list of
incomplete and unaccepted work items have been completed and/or corrected and are ready for
re-inspection. Contractor shall submit to the M2L Associates Inc., prior to final acceptance of
the Work, his field record set of drawings for the M2L Associates Inc.'s use in producing the
Project Record Drawings.
DEFINITION OF COMPLETION OF THE WORK
The term"substantially completed,"as used in this Contract,means that the structure or project
contemplated by the contract documents has been made suitable for use or occupancy or the
facility is in a condition to serve its intended purpose,but shall require minor miscellaneous work
and adjustment. (00700 1.09)
A list of all items remaining to be completed or corrected is appended hereto. All such work
shall be completed or corrected to the satisfaction of the Owner within 30 calendar days after the
above Substantial Completion date; otherwise, the Contractor does hereby waive any and all
claims to all monies withheld by the Owner under the contract to cover the value of all such
uncompleted or uncorrected items.
Construction 1 of 2 57.Revised 7/25/08
Approved for Owner: Recommended by Karen W Rogers:
CITY OF PEARLAND M2L Asso iate. Inc.
By: By: ■ AC'.e! kr
Date: V0 Date: /0 — ,3l
G
The Owner accepts the Project as substantially complete and will assume full possession of the
Project at 5:00 p.m. on July 25, 2008. The Owner will assume the responsibility for utilities,
security, and insurance under the Contract Documents after the aforementioned date.
Approved by Contractor: Recommended by Construction Manager:
Martin and{sccaape Management M2L Assocaties Inc.
By: By:40111111' ...r■
Date: tl -g • 4 Date: lO-- (— Z
The Contractor hereby accepts the above Notice of Substantial Completion and agrees to
complete and correct all of the items on the appended list within 30 days or waives any and all
rights to any monies withheld therefore.
Construction 2 of 2 57.Revised 7/25/08
T E X CD
qtIC7 ERE
.4 S F
esSr. SC)%
CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE
October 31, 2008
CITY OF PEARLAND
Scarsdale Median Landscape
TR0809
OWNER: City of Pearland CONTRACTOR: Martin Landscape Mngmnt.
3519 Liberty Drive, Suite 300 5340 Ted Street
Pearland, Texas 77581 Houston, TX 77040
A Final Completion inspection of the captioned project was conducted on October 9,2008, and
the work appeared to be complete in accordance with the Plans and Specifications, and in
accordance with the agreement made between the City of Pearland and Martin Landscape
Management. The City of Pearland accepts the work of this contract as complete and final.
In accordance with the terms and conditions of the Contract, the Contractor is notified that the
required Maintenance Bond shall remain in effect for a period of one year from the date of
Substantial Completion in this instance July 25, 2008.
The City shall conduct a One Year Walk-through on or before the anniversary date of the
substantial completion of the project and shall generate a list of all non-conforming work
requiring correction at that time. The contractor shall attend this Walk-through and receive this
list and correct all items within thirty days, or as otherwise agreed, per the terms of the original
contract.
Approved for Owner: Recommended b Karen W Rogers:
CITY OF PEARLAND M2L Assoc'ate Inc.
By: By: ��l
Date: ///3,07 Date: 3/ -2'aq8
Approved for Contractor: Recommended by Construction Manager:
Marti Landscape Management M2L Assocaties Inc.
By: B
Date: l % ' 03 • Qj Date: 7 ( 2-G'n8
Construction I of I 58.Revised 7/25/08
In
CITY OF PEARLAND
\ PROJECTS DEPARTMENT
'p- " 3519 Liberty Drive
Pearland,Texas 77581 0
T IIIc-x w s
CHANGE ORDER
For Scarsdale Median Landscape Z
m
Date of Issuance: 6/16/2008 Change Order No.: 1 Q
Contractor: Martin Landscape Management CoP Project No.: TR0809
Designer: M2L Associates,Inc. P.O.No.: 081037"-' 0 g0 3
Explanation:
This change order encompasses the following:
Description of Work Cost Time
1 Additional bore from the power source to median(near STA
49+50) $ - 0 Days
2 4" sleeve in lieu of 6" sleeve at Bella Vita $ - 0 Days
3 $ - Days
4 $ - Days
5 $ - Days
Please attach back-up documentation
Cost&Time Change Summai ad Time
Original Contract: $ 132,543.78 120 Days
Previous Change Order(s): $ - N/A Days
Contract prior to this change order: $ 132,543.78 120 Days
Net increase(decrease)from this change order $ - 0 Days
Revised Contract: $ 132,543.78 120 Days
Finance Approval: 6 co, ,_, Date: / •0,N,, •L.)
RECOMMENDED: APPROVED: ��
By 6 Z
- Date: � e By: „,/ - Date: ,„24AA,
gn Engme GKvner
ACCEPTED*:
By: Date: /ga,/o;�
Con tor
*Contractor agrees to perform change(s)included in this Change Order for the price and time indicated. The prices for changes included all costs associated
with this Change Order.
No work is to be done until this change order is executed.No payment to the Contractor(or Consultant)shall be made for work included in the change order
until the Contractor's pay estimate is updated.
Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order
governs.Upon execution by all parties,the following changes identified for the contract value and/or contract time shown,are made part of the contract.
Page 1 54.Revised 7/27/07
C)
Weft PROJECTS DEPARTMENT
1 3519 LIBERTY DR.,SUITE 300 • PEARLAND,TEXAS 77581 • 281-652-1732
sr' `yn.
0
March 29, 2010
Ed Grossenheider
City of Pearland Parks Department
2947 E. Broadway, Suite 200
Pearland, Texas 77581
RE: One Year Acceptance and Release for Scarsdale Median Landscape
Project No. TR0809
Dear Mr. Grossenheider:
The City of Pearland performed a final inspection of the Scarsdale Median Landscape project on
July 8, 2009. Beside the warranty items that were discussed, no other defects have been found,
concluding the one-year warranty period. The City of Pearland's Parks Department will assume
responsibility for operation and maintenance of the project effective March 29, 2010.
If you have any questions or need any further information, do not hesitate to contact me at
281-652-1682.
Yours truly,
L-, " • PM Ed Grossenheider
Project Coordinator Parks Superintendent
Cc: Eric Hammond
Project File TR0809
Construction D35.Revised 1/09
CITY OF PEARLAND
t, PROJECTS DEPARTMENT
aA ; 4. 3519 Liberty Drive u"),
dittiambil Pear land,Texas 77581
ic;, c t CHANGE ORDER s
For Scarsdale Median Landscape Z
m
Date of Issuance: 6/16/2008 Change Order No.: 1 Q
Contractor: Martin Landscape Management CoP Project No.: TR0809
Designer: M2L Associates, Inc. P.O.No.: 081037'"' oga3
Explanation:
This change order encompasses the following:
Description of Work Cost Time
1 Additional bore from the power source to median(near STA
49+50) $ - 0 Days
2 4" sleeve in lieu of 6" sleeve at Bella Vita $ - 0 Days
3 $ - Days
4 $ - Days
5 $ - Days
Please attach back-up documentation
Cost& Time Change Summai Cost Time
Original Contract: $ 132,543.78 120 Days
Previous Change Order(s): $ - N/A Days
Contract prior to this change order: $ 132,543.78 120 Days
Net increase(decrease)from this change order $ - 0 Days
Revised Contract: $ 132,543.78 120 Days
Finance Approval: f � ,1 Date: /1; J It •L i)
RECOMMENDED: APPROVED:
By ! Date: 6/Z(/pB By:G
/ - Date: �G '
�En me
ACCEPTED*:
By ,..,e-i__ Date: 6,/o2(Q/Q;
Con actor
*Contractor agrees to perform change(s)included in this Change Order for the price and time indicated. The prices for changes included all costs associated
with this Change Order.
No work is to be done until this change order is executed.No payment to the Contractor(or Consultant)shall be made for work included in the change order
until the Contractor's pay estimate is updated.
Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order
governs.Upon execution by all parties,the following changes identified for the contract value and/or contract time shown,are made part of the contract.
Page 1 54.Revised 7/27/07
Cuong Le/COP To smartinls @sbcglobal.net
� " 05/22/2008 04:26 PM cc jbriggs @m2lassociates.net,Skipper
Jones/COP@ci.pearland.tx.us, Edward
u Grossenheider/COP @ci.pearland.tx.us, Eric
bcc
Subject SML Progress Mtg 5/22/08
Steve,
Just want to quickly recap while Jeff will send the minutes with more details soon.
1) 2 week look ahead:
- irrigation to be completed (flushed, cleaned and operational); should be done by the end
of the 1st week of June
-tree planting will start
-as soon as City gets sign permit#08-2859 approved (Urban forester& Planning not
needed for approval) with mix design (Steve to forward that to City), foundation
will start digging
2)Jeff will email new schedule of values to City(Pay app should show total to match the contract)
3)Tree submittals photos sent to Jeff from MLM. Parks prefer Water Oak instead of Willow Oak. MLM to
try Legacy for availability. If not then will use Live Oak.
4) Steve brought up issue of rubbles from irrigation but should not cause change in cost or time at this
point; if so, Steve will bring this issue up well in advance
5) Service address for electric: 2101 Scarsdale Blvd #EM
6) Parks agrees to 4"sleeve only at one area if it's bore with enough depth (about 3'or so)with the rest as
shown on plans
7)Additional bore needed to connect the power source to the center median will proceed with a zero out
change order for item #6.
8) Steve will check into what submittal number 6 is.
10) Copy of RFI to be sent to City for changing the boring at Bella Vita/Scarsdale to a straight bore nose to
nose by M2L
11) Next meeting: Wednesday June 11 at 11:00am on 2nd floor conference room.
12)Traffic control: sufficient signs and cones on both side for the public to be well aware.
13) One line diagram approval should be approved soon.
14) Approval of light submittals given to M2L and MLM.
Anything that I've missed here should be explained further in detail on the minutes. Thanks for a
productive meeting.
Cuong Le, Project Coordinator
City of Pearland
281.652.1682 1 281.652.1706 Fax
www.cityofpearland.com/projects
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CITY OF PEARLAND
PROJECTS DEPARTMENT
ow ear , 3519 Liberty Drive
' ‘) \ �y_Al ( Pearland,Texas 77581
v° CHANGE ORDER 0
For Scarsdale Median Landscape
2.
Date of Issuance: 6/16/2008 Change Order No.: 2 Z
Contractor: Martin Landscape Management CoP Project No.: TR0809
Designer: M2L Associates, Inc. P.O.No.: 082233 0
Explanation:
This change order encompasses the following:
Description of Work Cost Time
1 Installation of Sign Wall Foundation $ 8,330.00 0 Days
2 Installation of Sign Wall Block $ 1,834.00 0 Days
3 Cost to demolish and abandon existing sign wall $ 1,210.00 0 Days
4 Relocate irrigation pipes to accommodate wall relocation $ 1,250.00
5 Bond Premium @ 2% $ 252.48 0 Days
6 Credit for 7 trees north of STA 49+00[1 Bradford Pear,5 Crape
Murtles and 1 Live Oak](please see Submittal#9) $ (1,110.30) 0 Days
* *Note:The sign's original 18ft will shorten by a total of 18"
Please attach back-up documentation
Cost&Time Change Summary Cost Time
Original Contract: $ 132,543.78 120 Days
Previous Change Order(s): $ - 0 Days
Contract prior to this change order: $ 132,543.78 120 Days
Net increase(decrease)from this change order $ 11,766.18 0 Days
Revised Contract: $ 144,309.96 120 Days
Finance Approval: Ip - r* g .� Date: S v
RECOMMENDED: APPROVED:
By- Date: XXap By: r/21----- Date: � Ll�p
D n ngmeer O
A 1 ED*:
ILBy. Date: 6741-,c/0 r
■P
Co actor
*Contractor agrees to perform change(s)included in this Change Order for the price and time indicated. The prices for changes included all costs associated with this
Change Order.
No work is to be done until this change order is executed.No payment to the Contractor(or Consultant)shall be made for work included in the change order until the
Contractor's pay estimate is updated.
Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order governs.Upon
execution by all parties,the following changes identified for the contract value and/or contract time shown,are made part of the contract.
Page 1 54.Revised 7/27/07
MARTIN LANDSCAPE MANAGEMENT, INC.
Request For Information
Change Order Request Date : 6/09/08
Scarsdale Meadians
To Jeff Briggs Submitted By: Martin Landscape Management
M2L Associates 5340 Ted Street
9320 West view. Suite 18
Houston, Texas 77055 Houston, Texas 77040
•
•
Project Scarsdale Meadians from Wood Court To Bridge Project#CPL00701
Work Description unit Unit Extended
•
Qty unt Cost Total
Cost of Installation of sign wall foundation&
block
Cost to Demolish and abandon existing sign 1 LS $10'164.00 $10,164.00
sign wall 1 LS
foundation and block wall $1,210.00 $1,210.00
Lump Sum Cost to relocate irrigation piping to 1 LS
accomodate re-location of sign wall. $1,250.00 $1,250.00
Bond Premium @ 2%
1 LS 252.48 $252.48
Total Cost
$12,876.48
i I
5340 Ted Street • Houston, Texas 77040 • (713) 895-8822 • Fax (713) 895-8622
CITY OF PEARLAND BID PROPOSAL
ninety (90) days after the date of the notice to commence work. Time for Substantial Completion
shall begin on the date established by the notice to commence work. The Contractor will pay
liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement
in the event the Work is not Substantially Complete in this time limit.
Item I Spec. Estimated
No. No. Bid Item Description ' Unit I Quantity 1 Unit Price Amount Bid
BASE BID ITEMS
1 01505 Mobilization LS 1
(Max. Limit of 3%of Total Bid) 2.,S Cv3 Sa 2,5 tai 5°
2 02200 Fine grading per details and specs. LS 1
Complete and in-place Q1
lace , 12 9 . 9, 12-9 ,2T
3 02811 Sleeve and Boring grading per details and LF 285
specs. Complete and in-place 2 ).ci S S Z SO .7 s
4 02811 Landscape Irrigation grading per details LS 1 so
and specs. Complete and in-place 7J$,1 q
5 02900 Shrub planting at Sign Wall. Sat 19 S.
LS 1
02915 per details and specs. Complete and in-
02970 place(maintenance and warranty) 50
Z, SOS. ZtS'OS. O°
6 02930 Lawn - Hydoseeding and sod strips LS 1
02970 grading per details and specs. Complete
and in-place(maintenance and warranty)
its-71.5z) 13,5-11 .z
7 CMU and Stone Face Sign Wall and LS 1
Footing grading per details and specs.
Complete and in place °D
8 2` -1 SO,. 2�(t son,.00
Sign Wall Lighting grading per details LS 1
and specs. Complete and in-place
CZ a0
9 Electrical Service and meter grading per LS 1
details and specs. Complete and in-place
ZZg3� 217 g3.D o0
SUBTOTAL BASE BID ITEMS
I OSt 22 9.5d
ADD ALTERNATE ITEMS
Al 02900 Live Oak (3 - 3.5" Caliper)grading per EA 25
02915 details and specs. Complete and in-
02970 place(maintenance and warranty) 7
2.coc( . 6 �7 v • S
A2 1 02900 White Oak (3 - 3.5" Caliper) )grading per I EA ' 19 i 1
0291 5 details and specs. Complete and in-
02970 place(maintenance and warranty) 24. 9 7
�i. G3 5 2.2_ ,
Bidder's Initial's:
'tii
0312oos
0030<) - 2 of 4
CITY OF PEARLAND BID PROPOSAL
Item Spec. Estimated
No. No. Bid Item Description Unit Quantity Unit Price Amount Bid
A3 02900 Water Oak(3 - 3.5" Caliper))grading EA 21
02915 per details and specs. Complete and in-
02970 place(maintenance and warranty) 2 S,L 2 .2-2?
A4 02900 Bradford Pear(2 - 2.5"Caliper) )grading EA 21
02915 per details and specs. Complete and in- S 7
02970 place(maintenance and warranty)
AS 02900 Crape Myrtle(6-7'multi-trunk))grading EA 38
02915 per details and specs. Complete and in- I 1 $ •2 Z 9 2 .3�
02970 place(maintenance and warranty)
SUBTOTAL ADD ALTERNATE ITEMS 27, 259 z2)
TOTAL BID PRICE �$
132/ Sy3
It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or
deleted by order of the Landscape Architect, in accordance with the provisions of the General
Conditions of Agreement.
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or
modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may
be agreed to in writing by the City of Pearland and Bidder.
It is understood that in the event the Successful Bidder fails to enter into the Standard Form of
Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one
hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the
Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders.
Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s).
The following Addenda have been received. The modifications to the Bidding Documents noted
therein have been considered and all costs thereto are included in the Bid Proposal prices.
Addendum No.: 1 Date: `01,5/0 S Addendum No.: Date:
Addendum No.: 2 Date: t L/b JlO s- Addendum No.: Date:
Addendum No.: Date: Addendum No.: Date:
Bidder hereby represents that the only person or parties interested in this offer as principals are
those named above. Bidder has not directly or indirectly entered into any agreement, participated
in any collusion, or otherwise taken any action in restraint of free competitive bidding.
Firm Name: t t Ty-` C.t rtd. ;',Q
I"A4,t'acicsv eytT It Lr
Bidder's Initial's: ;.J /"2'j
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03/2008 00 300- 3 of 4
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•
Exhibit B
DM . .
M2L ASSOCIATES INC.
9320 Westview.#18
Houston.Texas 77055
Tel: (713)722 8897 April 16, 2008
Fax: (713)722 8048
Urban Planning Cuong Le
• Landscape
Project Coordinator
Landss caa ro.)pe Architecture
City of Pearland
3519 Liberty, 3rd Floor .
•
•• Pearland, TX 77581
RE: Certification of Bid Tabulation
•
Dear Le,
In response to the advertisement for Bid of the Scarsdale Median Landscape project, the City of
Pearland received bids from Martin Landscape Management Inc. and Gulf Coast Landscape
Services, Inc. Per the attached and certified Bid Tabulation, both bids were checked for
omissions and errors and,none were found. Martin Landscape Management Inc.was the low
bidder with total bid price including add alternate of$132a543.78_
•
• In comparison to the attached estimate prepared by M2L Associates, Inc., the project was
estimated. to be $129,817.97 with a 10% contingency of$12,981..80 for a total amount of
• $142,799.77. The low bid of$132,543.78 is within 2% of the project estimate before
contingency. The difference in the low bid and the project estimated total is $10,255.99
which is a contingency of 7.9% .
A provide per the bid documents , I requested references on projects completed by the Bidder.
Martin Landscape Management Inc. provided three references which were Vantage Companies,
Yancey-Hausman and EMI Corporation. I contacted all three and received positive response
with regards to quality of work,reliability, quality of materials, timely performance and fair
pricing for additional services requested.
Therefore, it is my recommendation that Martin Landscape Management Inc. is awarded the
contract for the Scarsdale Median.Landscape project.
Sincerely,
Karen W. Rogers;ASLA
Principal
•
i .
2008/04H 6 CF1.00701 Letter Cucrg Le City of Pearland Papa 1
I
Scarsdale Median
Landscape Project
M2L Associates, Inc.
ti r i DESCRIPTION >,
QT3C` UNIT UNIT CO5 C ES 1:C0$T
•
MEDIAN LANDSCAPE
1 Irrigation
a. Bore and Sleeving 277 If $27 $ 7,472.79
b. Irrigation Zones 13 ea $ 1,650.00 $ 21,450.00
c. Backflow Preventor and Gate Valves 1 ea $ 1,500.00 $ 1,500.00
d. Controller and electrical 1 ea $ 4,000.00 $ 4,000.00
Irrigation Subtotal $ 34,422.79
2 Softscape
a. Live Oak(3-3.5"Caliper) 25 EA $ 500.00 $ 12,500.00
b. White Oak(3-3.5"Caliper) 19 EA $ 500.00 $ 9,500.00
c. Water Oak(3-3.5"Caliper) 21 EA $ 500.00 $ 10,500.00
d. Bradford Pear(2-2.5"Caliper) 21 EA $ 425.00 $ 8,925.00
e. Crape Myrtle(6-7'multi-trunk) 38 EA $ 300.00 $ 11,400.00
f. Dietes-Butterfly Iris(5 gallon @ 36"o.c.) 16 EA $ 26.00 $ 416.00
g. Aztec Grass(1 gallon @ 18"c.c.) 16 EA $ 18.00 $ 288.00
h. Bed Prep Mix 5 cy $ 40.00 $ 200.00
i. Steel Edging 73 If $ 4,00 $ 292.00
j. Top Soil 274 CY $ 25.00 $ 6,844.58
k. Bermuda Hydroseed 89,062 SF $ 0.05 $ 4,453.10
I. Bermuda solid sod strip 879 SY $ 3.50 $ 3,076.50
Softscape Subtotal . $ 68,395.18
3 Signage
a. Pearland Sign 18 LF
b. Sign Lighting 3 EA
Signage Subtotal $27,000.00
SUBTOTAL $ 129,817.97
10%Contingency $ 12,981.80
TOTAL $ 142,799.77
3/18/2008
Page 1
Scarsdale_costUpdated_sign_cost.xls
BID TABULATION - SCARSDALE r
Gulf Coast Landscape Martin Landscape
• BASE BID Services Inc. Management INC.
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL ,
1 Mobilization(Max. limit of 3%of Total Bid) LS 1 $ 4,900.00 $ 4,900.00 $ 2,563.50 $ 2,563.50_ .
Fine grading per details and specs.Complete and in
2 place LS 1 $ 14,800.00 $ 14,800.00- $ 9,129.25 $ 9,129.25 `.
Sleeve and Boring per details and specs.Complete and
3 in-place LS 285 $ 38.00 $ 10,830.00 $ 28.95 $ 8,250.75
Landscape Irrigation per details and specs.Complete
4 and in-place LS 1 $ 30,755.00 $ 30,755.00 $38,195.50 $ 38,195.50
Shrub planting at Sign Wall. Per details and specs.
5 Complete and in-place (Maintenance and warranty) LS 1 $ 2,384.00 $ 2,384.00 $ 2,505.00 $ 2,505.00
Lawn-Hydoseeding and sod strips per details and
6 specs.Complete and in-place LS 1 $ 12,600.00 $ 12,600.00 $13,571.50 $ 13,571.50
CMU and Stone Face Sign Wall and Footing per
.7 details and specs.Complete and in-place LS 1 $ 26,400.00 $ 26,400.00 $24,500.00 $ 24,500.00
Sign Wall Lighting per details and specs.Complete
8 and in-place LS 1 $ 7,600.00 $ 7,600.00. $ 3,786.00 $ 3,786.00
Electrical Service and meter per details and specs.,
g Complete and in-place LS 1 $ 4,400.00 $ 4,400.00 $ 2,783.00 $ 2,783.00
TOTAL BASE BID $114,669.00 $105,284.50
ADD ALTERNATE ITEMS •
Live Oak(3-3.5"Caliper) per details and specs.
Al Complete and in-place(maintenace and warranty) EA 25. $ 550.00 $ 13,750.00 $ 269.63 $ 6,740.75
White Oak(3-3.5"Caliper) per detains and specs. s - ;"°°�. ,
A2 Complete and in-place(maintenace and warranty) EA 19 $ 570.00 $ 10,830.00 $ 269.63 $ 5,122.97 — * • y
a
44$
Water Oak(3-3.5"Caliper) per details and specs. ; a _aii I•
• Complete and in lace(maintenace and warranty) EA 21 550.00 11 550.00 269.63 5 662.23 c ' 'Nue
A3 P P $ $ $ $ � A � �
! K � Zvi f
Bradford Pear(2-2.5"Caliper) per details and specs. Is% 7016 ..'.2
A4 Complete and in-place(maintenace and warranty) EA 21 $ 370.00 $ 7,770.00 $ 249.57 $ 5,240.97 14.ri . I'�Cr�
Crape Myrtle(6-7'multi-trunk)grading per details and .. `•.,.,...•"
specs.Complete and in-place(maintenace and
A5 warranty) EA 38 $ 190.00 $ 7,220.00 $ 118.22 $ 4,492.36
SUBTOTAL ADD ALTERNATE ITEMS $; 51,120.00 $ 27,259.28
TOTAL BID PRICE $.165,789.00 $132,507.78