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R-2015-103 2015-06-22RESOLUTION NO. R2015-103 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for landscape maintenance services (medians and right of ways) with Maldonado Nursery and Landscaping, Inc., in the estimated amount of $267,000.00 for the period of July 1, 2015 through June 30, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for landscape maintenance services. Section 2. That the City Council hereby awards a contract to Maldonado Nursery and Landscaping. Inc., in the estimated amount of $267,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of landscaping maintenance services. PASSED, APPROVED and ADOPTED this the 22" dday of June, A.D., 2015. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract This Contract (Contract) is made between the City of Pearland, Texas (City), and 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 Il. Signatures 111. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: Termination Date: Renewal: 11. Signatures. Maldonado Nursery & Landscaping Inc. 16348 Nacogdoches San Antonio, TX 78247 Landscaping Maintenance of Right of Ways and Medians 11 per the specifications of City of Pearland bid # 0415-39; City Council Resolution #R2015-103. 2015 Council Approved: $267,000; Amendment #1 $291,429.88. July 20, 2015; Amendment I: February 12, 2016 July 19, 2016. Two options remaining. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND* PurcPlatlfg • - �I l/ Si•,or.y:Date. City Manager Assistant City Manager Director Program Manager Z( /(p (( ate Title: Date: CONT CT *Contract Signature Authority: /tea ‘l Q P" tat. Program 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+ 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 at intervals of at least 30 days, except for the final billing. 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 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, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. The contractor's response to Bid #0415-39 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). 3. Contractor's Contract Agreements for additional property — Kirby Dr from CR59 to the second island from 518. B. City's Additional Contract Documents: 1. City standard insurance requirements. 2. Scope of Services. CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of: Landscape Maintenance of Right of Ways and Medians, per the specifications of bid #0415-39, and Contractor's response to the same. Addendum #1: Addition of Kirby Drive From CR59 To The Second Island From 518 (Class A and Class B work). Packag e Location Annual Char es g 1 MCLEAN - 2838 MCLEAN TO FITE ROAD $2,402.37 2 ALVIN CITY LIMIT SIGN - LANDSCAPED SIGN ON HWY 35 SOUTH $2,977.31 3 FRIENDSWOOD CITY LIMIT SIGN - LANDSCAPING SIGN ON FM 518 EAST $3,941.05 4 YOST ROAD - FM 518 TO THE CLEAR CREEK $15,510.63 5 SCARSDALE ROAD - CLEAR CREEK TO WOODS CT. $12,778.78 6 PEARLAND PARKWAY - CLEAR CREEK TO BELTWAY 8 $8,619.68 7 SCHLIDER AND SCHLIDER LOT - ORANGE TO BARRY ROSE, INCLUDING LOT AT CORNER OF BARRY ROSE AND SCHLIDER $3,468.64 8 BARRY ROSE ROAD - FM 518 TO PEARLAND PARKWAY $25,595.40 9 HUGHES ROAD - PEARLAND PARKWAY TO RIVERSONE RANCH SCHOOL $22,898.35 10 WALNUT ROAD - TEXAS TO GRAND $8,062.49 11 GRAND STREET - WALNUT TO E. ORANGE $7,047.97 12 BELTWAY CITY LIMIT SIGN - CLEAR CREEK TO BELTWAY 8 $7,233.24 13 MCHARD PHASE 1 AND 2 - PEARLAND PARKWAY TO HWY 35, HWY 35 TO MYKAWA $51,458.21 14 BAILEY ROAD - HWY 35 TO VETERNS $30,891.87 15 OILER DRIVE - HWY 35 TO PEARLAND PARKWAY $16,101.21 16 SMITH RANCH ROAD - FM 518 TO END OF MEDIANS $8,973.36 17 FM 1128/REID ROAD - FM 518 TO REID BLVD. DOWN REID BLVD TO END OF CHAIN LINK FENCE ON NORTH SIDE $3,630.32 18 CUELLEN PHASE I, II, IV - FM 518 TO NORTH FORK, FM 518 TO MCHARD, MCHARD TO CLEAR CREEK $21,362.70 19 OLD TOWN MONUMENT - FM 518 AT MCLEAN/WALNUT $4,319.28 20 CORRIGAN SOUTH MEDIANS - FM 518 TO CAMDEN $1,185.38 21 HUGHES RANCH ROAD - SH 288 FRONTAGE ROAD TO SMITH RANCH RD $3,461.84 22 EXTRA SERVICES $5,043.80 23 Kirby Dr From CR59 To The Second Island From 518 (Class A work) $19,420 24 Kirby Dr From CR59 To The Second Island From 518 Setback Mow (Class B work) $5,046 Total $291,429.88 MALDONADO NURSERY & LANDSCAPING, INC. ADDITIONAL SERVICES INCLUDED DESCRIPTION OF SERVICES CHARGE PER SERVICE Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Total FERTILIZER APPLICATION $390.00 1 1 1 $1,170.00 TURF PRE -EMERGENT WEED CONTROL 455.00 1 1 $910.00 TURF POST -EMERGENT WEED I CONTROL $210.00 1 1 $420.00 ' • SALES TAX SHALL BE ADDED WHERE APPLICABLE. c l b t • Monthly statements shall be billed out at the 1st of each month and payable net 30. • Upon accepta ce of this ntrpct customer agrees to the terms and condition as follows: t � °I ► �k G// Contract term er°r�a`� fiasecion 48 visits per year divided into twelve (12) equal monthly payments. Either party for all services performed may early terminate this contract prior to renewal date with a 30 day written notice sent certified mail with settlement for services performed. Settlement for services performed is based on monthly payments paid, versus total value of frequencies of services, material and labor cost rendered. If the monthly rate includes additional services (i.e. rye grass, annual flower changes or mulching) and this contract is cancelled prior to the renewal date, a prorated amount will be paid for these services. This contract shall be automatically renewed unless either party gives a 30 day notice prior to the renewal date. • Accounts 60 days past due are subject to suspension of services until payments are made. This does not relinquish you from payments or the terms of this contract. Interest on accounts 60 days past due will accrue at 1.5% per month. • Upon cancellation, a final statement will be sent to the authorized agent. Final payment or refund will be made within thirty days. PRINTED N TITLE AZ— DATED THIS/ DAY OF , 20/ MALDONADO NURSERY & LANDSCAPING, INC Houston Sales Account Executive DATED THIS DAY OF , 20_ : 713.647.90001 Cc11: 713.428.84961 F: 713.647.9000 ®: codyc@mnlsa.com 16348 Nacogdoches San Antonio Texas 78247 9800 Brown Lane Austin Texas 78754 2308 Bingle Road Houston Texas 77055 509 North Beddoes La Feria Texas 78559 1960 Holly Road Corpus Christi Texas 78417 / O r. M \ 070 1(A1 MALDONADO NURSERY & LANDSCAPING, INC. CONTRACT AGREEMENT FOR LANDSCAPE & LAWN MAINTENANCE AT: CITY OF PEARLAND 3509 E ORANGE PEARLAND, TX. 78581 ATTN: ERIC HAMMOND THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF 2015, BY AND BETWEEN MALDONADO NURSERY & LANDSCAPING, INC. & CITY OF PEARLAND KIRBY DR FROM CR 59 TO THE SECOND ISLAND FROM 518'75 1-7 ALL WORK AND MATERIAL IS GUARANTEED TO BE AS PER OUR SPECIFICATIONS AND SCHEDULES ATTACHED HEREWITH AND MADE PART OF THIS CONTRACT. ALL WORK SHALL BE COMPLETED IN A TIMELY & WORKMAN LIKE MANNER FOR THE AMOUNT OF: SIXTEEN THOUSAND ONE HUNDRED FORTY DOLLARS & 00/100 DOLLARS/ YEAR THIS AMOUNT INCLUDES THE FOLLOWING: 48 VISITS PER YEAR 5 1.410.00 PER MONTH FOR LANDSCAPE MAINTENANCE N/A PER MONTH FOR IRRIGATION CHECKS STANDARD CONTRACT SERVICES DESCRIPTION OF SERVICES Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Total MOW, EDGE, TRIM LAWNS/BEDS, POWER BLOW WALKS/CURB, POLICE FOR LITTER 4 4 4 < W E E K L Y > 4 4 48 WEED BEDS 0 0 0 0 0 0 0 0 0 0 0 0 0 FIREANT CONTROL < A S > N E E D E D > > TRIMMING OF SHRUBS 0 0 0 0 0 0 0 0 0 0 0 0 0 WEED CONTROL CONCRETE/ASPHALT 0 0 0 0 0 0 0 0 0 0 0 0 0 TRIM/PRUNE TREES TO 8 FEET & UNDER 0 0 0 0 0 0 0 0 0 0 0 0 0 48 VISITS PER YEAR ARE GUARANTEED. THE NUMBER OF VISITS COULD VARY FROM MONTH TO MONTH DEPENDING ON THE DAY OF THE WEEK THAT SERVICE IS SCHEDULED FOR Initial 16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 509 North Beddoes 1960 Holly Road San Antonio Texas Austin Texas Houston Texas La Feria Texas Corpus Christi Texas 78247 78754 77055 78559 78417 /QM>^\ 'V7') lani ..1 el es MALDONADO NURSERY & LANDSCAPING, INC. ADDITIONAL SERVICES INCLUDED DESCRIPTION OF SERVICES CHARGE PER SERVICE Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Total FERTILIZER APPLICATION 60.00 1 1 1 $180.00 TURF PRE -EMERGENT WEED CONTROL 70.00 1 1 $140.00 TURF POST -EMERGENT WEED CONTROL 35.00 1 1 $70.00 CITY 4 39 • SALES TAX SHALL BE ADDED WHERE APPLICABLE. to S • Monthly statements shall be billed out at the 1st of each month and payable net 30. • JUpon accepts ce of t histo trait cu tomer agrees to the terms and condition as follows: (� 5 v 4 b ontract term- YUP -q 1baH 46n 24 visits per year divided into twelve (12) equal monthly payments. Either party for all services performed may early terminate this contract prior to renewal date with a 30 day written notice sent certified mail with settlement for services performed. Settlement for services performed is based on monthly payments paid, versus total value of frequencies of services, material and labor cost rendered. If the monthly rate includes additional services (i.e. rye grass, annual flower changes or mulching) and this contract is cancelled prior to the renewal date, a prorated amount will be paid for these services. This contract shall be automatically renewed unless either party gives a 30 day notice prior to the renewal date. • Accounts 60 days past due are subject to suspension of services until payments are made. This does not relinquish you from payments or the terms of this contract. Interest on accounts 60 days past due will accrue at 1.5% per month. • Upon cancellation, a final statement will be sent to the authorized agent. Final payment or refund will be made within thirty days. ! _ MATURE PRINTED Co0 TITLE r)tv„, DATED THIS l7DAY OF -L , 20 1 v MALDONADO NURSERY & LANDSCAPING, INC Houston Sales Account Executive DATED THIS DAY OF , 20_ SR: 713.647.9000 1 Cell: 713.428.84961 F: 713.647.9000 codyc@mnlsa.com 16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 509 North Beddoes 1960 Holly Road San Antonio Texas Austin Texas Houston Texas La Feria Texas Corpus Christi Texas 78247 78754 77055 78559 78417 T,.11 T'...,. /QFF\ 070 1C1/11 MALDONADO NURSERY & LANDSCAPING, INC. CONTRACT AGREEMENT FOR LANDSCAPE & LAWN MAINTENANCE AT: CITY OF PEARLAND 3509 EAST ORANGE PEARLAND, TX 78581 ATTN: ERIC HAMMOND THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF 2015, BY AND BETWEEN MALDONADO NURSERY & LANDSCAPING, INC. & CITY OF PEARLAND KIRBY DR. FROM CR 59 TO THE SECOND ISLAND FROM 518 SETBACK MOW (8) ALL WORK AND MATERIAL IS GUARANTEED TO BE AS PER OUR SPECIFICATIONS AND SCHEDULES ATTACHED HEREWITH AND MADE PART OF THIS CONTRACT. ALL WORK SHALL BE COMPLETED IN A TIMELY & WORKMAN LIKE MANNER FOR THE AMOUNT OF: FOUR THOUSAND THREE HUNDRED THIRTY TWO DOLLARS & 00/100 DOLLARS/ YEAR THIS AMOUNT INCLUDES THE FOLLOWING: 24 VISITS PER YEAR 388.00 PER MONTH FOR LANDSCAPE MAINTENANCE $ N/A PER MONTH FOR IRRIGATION CHECKS STANDARD CONTRACT SERVICES DESCRIPTION OF SERVICES Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Total TRIM LAWNS/BEDS, POWER BLOW WALKS/CURB, POLICE FOR LITTER 2 2 2 2 2 2 2 2 2 2 2 2 24 WEED BEDS 0 0 0 0 0 0 0 0 0 0 0 0 0 FIREANT CONTROL < A S > N E E D E D > > TRIMMING OF SHRUBS 0 0 0 0 0 0 0 0 0 0 0 0 0 WEED CONTROL CONCRETE/ASPHALT 0 0 0 0 0 0 0 0 0 0 0 0 0 TRIM/PRUNE TREES TO 8 FEET & UNDER 0 0 0 0 0 0 0 0 0 0 0 0 0 aLi- • 42 VISITS PER YEAR ARE GUARANTEED. THE NUMBER OF VISITS COULD VARY FROM MONTH TO MONTH DEPENDING ON THE DAY OF THE WEEK THAT SERVICE IS SCHEDULED FOR Initial 16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 509 North Beddoes 1960 Holly Road San Antonio Texas Austin Texas Houston Texas La Feria Texas Corpus Christi Texas 78247 78754 77055 78559 78417 /QMM\ ')'70 Orli RESOLUTION NO. R2015-103 CITY OF PEARLAND GENERAL SERVICES CONTRACT This Contract (Contract) is made between the City of Pearland, Texas (City), and 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. Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Maximum Contract Amount: Effective Date: Termination Date: Renewal: Maldonado Nursery & Landscaping Inc. 16348 Nacogdoches San Antonio, TX 78247 Contractor will provide landscape maintenance of right of ways and medians to twenty-one (21) new locations per bid 0415-39 Based on location and reflected in the "Contractor's Scope of Services" section of this contract. July 20, 2015 (earliest date contractor will be available) June 30, 2016 None contemplated at this time. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF * Sig Pray. D. City Ma •ger Assista City Manager Director Program Manager *Contract Signature Authority: CONTRACTOR: Mf Title: Date: 4 - 0,/C411446ascrep,Cr- Program Manager -$5,999 or Tess Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council - $50,000+ 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 at intervals of at least 30 days, except for the final billing. 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, Toss, 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 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. CONTRACT; Page 2 1 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. 1. 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, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. Contractor's response to City of Pearland Bid #0415-39 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. Contractor Insurance Requirements & Agreements 2. Scope of services as listed below and in Bid Specifications No. 0415-39 CON IRACT/Page 3 CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall include the landscape maintenance of right of ways and medians to twenty-one (21) new locations per bid 0415-39. Pricing as follows: Package Location Annual ' Charges 1 MCLEAN - 2838 MCLEAN TO FITE ROAD $2,402.37 2 ALVIN CITY LIMIT SIGN - LANDSCAPED SIGN ON HWY 35 SOUTH $2,977.31 3 FRIENDSWOOD CITY LIMIT SIGN - LANDSCAPING SIGN ON FM 518 EAST $3,941.05 4 YOST ROAD - FM 518 TO THE CLEAR CREEK 515,510.63 5 SCARSDALE ROAD - CLEAR CREEK TO WOODS CT. $12,778.78 6 PEARLAND PARKWAY - CLEAR CREEK TO BELTWAY 8 $8,619.68 7 SCHLIDER AND SCHLIDER LOT - ORANGE TO BARRY ROSE, INCLUDING LOT AT CORNER OF BARRY ROSE AND SCHLIDER $3,468.64 8 BARRY ROSE ROAD - FM 518 TO PEARLAND PARKWAY 525,595.40 9 HUGHES ROAD - PEARLAND PARKWAY TO RIVERSONE RANCH SCHOOL $22,898.35 10 WALNUT ROAD - TEXAS TO GRAND $8,062.49 11 GRAND STREET - WALNUT TO E. ORANGE $7,047.97 12 BELTWAY CITY LIMIT SIGN - CLEAR CREEK TO BELTWAY 8 $7,233.24 13 MCHARD PHASE 1 AND 2 - PEARLAND PARKWAY TO HWY 35, HWY 35 TO MYKAWA 551,458.21 14 BAILEY ROAD - HWY 35 TO VETERNS $30,891.87 15 OILER DRIVE - HWY 35 TO PEARLAND PARKWAY 516,101.21 16 SMITH RANCH ROAD - FM 518 TO END OF MEDIANS $8,973.36 17 FM 1128/REID ROAD - FM 518 TO REID BLVD. DOWN REID BLVD TO END OF CHAIN LINK FENCE ON NORTH SIDE $3,630.32 18 CUELLEN PHASE I, II, IV - FM 518 TO NORTH FORK, FM 518 TO MCHARD, MCHARD TO CLEAR CREEK 521,362.70 19 OLD TOWN MONUMENT - FM 518 AT MCLEAN/WALNUT 54,319.28 20 CORRIGAN SOUTH MEDIANS - FM 518 TO CAMDEN 51,185.38 21 HUGHES RANCH ROAD - SH 288 FRONTAGE ROAD TO SMITH RANCH RD $3,461.84 22 EXTRA SERVICES $5,043.80 CONTRACT/Page 4 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. 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 contractors 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 to be provided a WAIVER 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 lnjury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence ; General Aggregate - $1,000,000 City to be listed as additional insured and provided 30 day notice of cancellation or material change in coverage. 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 City shall be provided 30 day notice of cancellation or material change in coverage. Certificate of Insurance forms may be e-mailed to Purchasing Department, jblackmore@pearlandtx.gov , or with questions contact Julie Blackmore, @ 281-652-1790. This form must be signed and returned with your quotation. Yo:a are stating that you do have the required insurance and if selected to perform work for the City, will provide the certificates of insurance with the above requirements to the City. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF 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. 1 also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. C�{ Project/Bid #: (�� -I 1 .� 1 Company Name:/;0,e10 /; 0,110 A),,1; U i`Z J Ci it1^' Printed Name: , /� r�11 FC'e PA ��t (/—H-7/I/lit 0 Ins. Carrier Name/contact info: Ilii )n; f rlr4la rvi 1 d «V Ls)Tiu C Date: 74/ /5� I c v qtr t .0 ,4--v.4 Ai* I.;nc7�ai.(.dPl, Ft- CONTRACT/Page 5 ,/ 3 h K J< (1-C) ve .rLN ltw- 1\0,Tc73a7c( ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE (MSI/DD/VYYY) 5/26/2015 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 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 Wortham Insurance & Risk Management P.O Box 795008 San Antonio. TX 78279 www wor1hams2 c: m INSURED Maldonado Nursery & Landscaping Inc. 16348 Nacogdoches Road San Antonio TX 78247 COVERAGES CERTIFICATE NUMBER: 24808745 CTA NAONMECT Aralee Hudson tAlcPHONE No,); 210-249-2312 (ac,.rio)__ _ — E-MAIL ADDRESS:_ _ aralee.hudson@worthaminsurance.com INSURER(S) AFFORDING COVERAGE _- NAICa INSURER A: Depositors Insurance Company 42567 INSURER B : Texas Mutual Insurance Company 22945 INSURER C: Western Surety Company _ _..__ 13188 FAX INSURER D : INSURER E : INSURER F REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO NDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES EXCLUSIONS AND COND TIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY reSR -ADD:SUBR POLICY EFF LTR TYPE OF INSURANCE tHso I nn i POLICY NUMBER (MNVODIYYYM THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS. PAID CLAIMS - . POLICY EXP (MWDD1IM 5/26/2016 LIMITS . EACH OCCURRENCE S I PREMISESP(Ea occurrence] . MED EXP (Any one person) . S PERSONAL 8 ADV INJURY 5 1,000,000 100.000 5,000 1.000,000 A ✓ COMMERCIAL GENERAL UABILITY I :',VIAS -MADE ✓ ;OCCUR I5 ✓ On & Off Site Coverage r ✓ Deductible $1,000. -_-- GEN'L AGGREGATE LIMIT APPLIES PER POLICY / JPERC i LOC ' OTHER GLD07216084680 i i 5/26/2015 I GENERAL AGGREGATE 5 PRODUCTS - COMP:OP AGG 'S ; S 2,000,000 2.000.000 A AUTOMOBILE LIABILITY , BAP07216084680 1 1 IANY AUTO _ I ' ALL OWNED i _ r I AUTOS SCHEDULED i NON -OWNED ✓ HIRFD AUTOS , ✓ . AUTOS ( 5/26/2015 5/26/2016 coMBINED SINGLE LIMIT S (E4 accidenU.. . i • ; BODILY INJURY (Per person) S , BODILY INJURY (Per accident)it S PROPER'Y DAMAGE . t, S . (Per 1 1,000.000 _ A / UMBRELLA LIAB ✓ :OCCUR CAD7216084680 EXCESS LIAB CLAIMS MADE ' DED ✓ RFTENT;ON 510,000 5/26/2015 15/26/2016 EACH OCCURRENCE S AGGREGATE S $ 5,000,000 5,000.000 B WORKERS COMPENSATION AND EMPLOYERS' UABIUTY Y r N TSF0001270170 I 5/26/2015 5/26/2016T t:. / _ STA]y E _ - ER _ E L EACH ACCIDENT 5 E. L DISEASE - EA EMDLOYEg $ _ - - E . D'SEASE - POLICY LIMIT S 1,000,000 1.000,000 .._ 1,000.000 ANY PROPRIETORJPARTVERIEXECUTIVE I OFFICEREMBER EXCLUDED9 N NIA iM (Mandatory In NH) '1 yes. deSCribe uncle(- DESCRIPTION OF OPERATIONS below C Business Service Dishonesty ! 70673285 3/30/2015 3/30/2018 ;Limit: $100,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additionat Remarks Schedule, may be attached It more space is required) Project. RFP# 0415-39 CERTIFICATE HOLDER City of Pearland 3519 Liberty Drive Pearland TX 77581 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (SA) West Warren © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Zav 24808145 i 22MALW.M,UR 1 15/7.6 31..-Aut >-Tk8`-RL' 8 15 18 585 I 'SA) 111aa+rbet`r Terrey I 5 24 •.;015 :.:33. 17 PM f •DTI I Pje