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R-2015-177 2015-10-12RESOLUTION NO. R2015-177 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Development Agreement with Gehan Homes, LTD associated with the construction of a portion of the Green Tee Trail in the amount of $6,258.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement. a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Development Agreement. PASSED, APPROVED and ADOPTED this the 12thday of October, A.D.. 2015. ATTEST. cjerrri TOM REID MAYOR o„,11 ,,,,,, •.t NG Y SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2015-177 Exhibit " A" DEVELOPMENT AGREEMENT This Agreement is entered into this 131h day of October 2015, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and Gehan Homes, LTD, a Texas limited partnership, (hereinafter "Developer"). WHEREAS, Developer is constructing a planned unit development to be known as Province Village (hereinafter "Development"); and WHEREAS, Developer is required to construct a four foot (4') trail path to serve the Development along the same route of the trail planned by the City and; WHEREAS, City has requested that Developer construct a ten foot (10') trail path for portions of the Development (hereinafter "Improvements"); and WHEREAS, City has requested that the Developer not construct its required four -foot trail for portions of the Development and Developer will pay a fee in lieu of construction to be credited against the costs in this Agreement; and WHEREAS, City desires to cooperate with Developer to provide the Improvements in a manner that meets the City's plan for the Green Tee Trail; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing these Improvements and the subject modifications there to, as detailed below. WITNESSETH: NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1 Developer shall install the Improvements in accordance with the specifications contained in Exhibit "B" map attached hereto, and City shall contribute costs towards its portion of the Improvements. Map Section "A" consists of a ten foot (10') wide concrete trail path, 4 inches in depth to be constructed by the Developer. City shall pay Developer for 2 additional inches, for a total of 6 inches in depth of concrete for the full length of Section "A" which shall be constructed by Developer and City's cost for 2 additional inches of concrete depth shall be $7,780.00 Map Section "B" consists of a ten foot (10') wide concrete trail path, 6 inches in depth for an approximate distance of 141.5 linear feet ending at the intersection of Province Village Drive. Section "B" shall be constructed by Developer and City's cost for Section "B" shall be $10,715.00. Map Section "C" consisting of approximately 675 feet of 4 foot wide4 inch deep trail path required by the Province Village planned unit development (PUD) to be constructed by the developer. Developer shall not be required to construct Section "C" , but instead will pay a fee in lieu of this construction equaling $15,837 into the City Sidewalk Fund. Map Section "D", consists of a 10 wide, 6 inch deep trail path along the west side of the drainage ditch from the south Right of Way of Province Village to the north right of way of FM518. Section "D" shall be constructed by City. Developer has no obligation and shall not be required to construct the mid -block crossing. Instead, City shall provide a revised crossing design and construct the mid -block crossing at City's cost at a later date. City's costs associated with the modifications to the trail path Improvements is $18,495.00 plus Developer's cost for modifying plans and obtaining revised bids of $3,600 for a total City cost allocation of $22,095.00. Developer's obligation of $15,837.00 shall be credited against the City's portion for a net City portion of $6,258.00 (hereinafter "City's Cost"), and reimbursement of Developer shall be made in accordance with Section 4 of this Agreement. 2. City has approved the plans and specifications and Developer's engineers have obtained competitive line item bids for the construction of the Improvements in accordance with the plans and specifications. Developer has reviewed the bids and Developer has awarded a contract to the successful bidder. City reserves the right to review those line items associated with this agreement and reject any and all bids for the construction of City modifications to Improvements within ten (10) days following execution of this agreement, following the expiration of which the bids selected by Developer shall be deemed approved by City. 3. The Developer shall cause construction of the Improvements to commence on the earlier of the issuance of the construction permit by the City or October 15, 2015 and shall cause the Improvements to be completed in accordance with the plans and specifications and this agreement describing the agreed modifications within a reasonable period of time or not later than December 1, 2016. If Developer fails to cause construction to commence by the aforementioned date, and following thirty (30) days' written notice to Developer, the City shall have the right to terminate this Agreement. 4. Developer's engineer and the City Engineer or his designee shall monitor the progress and workmanship of the contractor. Developer shall advance the funds necessary to pay the contractor for the work performed. 5. City shall reimburse Developer for the City's Cost within thirty (30) days following completion of construction of the Improvements by Developer, and acceptance of the Improvements by City with evidence of paid invoices. 6. The initial term of this Agreement shall be for a period of twelve (12) months, commencing on the 1 5th day of October, 2015, and terminating on the 15th day of October, 2016, provided, however, that this Agreement shall be automatically renewed in one (1) month increments, if agreed by both parties in writing until all of the obligations of the parties hereunder have been fully discharged or specifically waived in writing by the beneficiary thereof. 7. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 9. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment w ill release or discharge the assignor from any duty or responsibility under this Agreement. 10. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 1 1 . Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 12. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 13. To accomplish execution of this Agreement, it may be executed in multiple counterparts. 14. DEVELOPER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE NEGLIGENT DESIGN BY DEVELOPER OF THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. 15. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENT DESIGN BY DEVELOPER, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS OF THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. THE PROVISIONS OF THIS SECTION SHALL EXPIRE CONCURRENTLY WITH THE TWO (2) YEAR MAINTENANCE AND WARRANTY PERIOD SET FORTH IN SECTION 3.1.8.6(b) OF THE UDC. 16. The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas. 17. All notices which are required or may be given pursuant to this Agreement shall be in writing and shall be sufficient if delivered personally or by first class mail, postage prepaid, return receipt requested, or by a nationally recognized courier, to the parties and their attorneys at the addresses set out below or such other addresses as the parties or their attorneys may hereafter notify one another: If to City: If to Developer: City of Pearland Attn: Clay Pearson 3519 Liberty Drive Pearland, TX 77581 Gehan Homes, LTD Attn: Chris Lynch 3815 South Capital of Texas Highway Suite 275 Austin TX 78704 4 Notice delivered in accordance with the terms hereof shall be effective upon receipt. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. ATTEST: Developer Its: CITY OF PEAND, A Texas munrici al cor.oration By: Clay son, City (Manager C7fs till,11,,, STATE OF TEXAS TRAVIS COUNTY This instrument was acknowledged before me on this LS11"' day of 0 c_t e_.,. , 2 015 , by 's,„0.„ of C -' c..-, i-Y,c s LA -0( . a company. Notary Public My Commission Expires: STATE OF TEXAS BRAZORIA COUNTY 0_101111 MARYSA DANIEL My Commission Expires December 09, 2017 `...............v..wwrnr. r....VINr. .r. This instrument was acknowledged before me on this 140k day of Q LD%Ir , 2015, by Clay Pearson, City Manager of the City of Pearland, a Texas home rule municipality, on behalf of said municipality. Notary Public, State of Texas My Commission Expires: OZ.. azjp. 1617 (4dhz;7:t c, MARIA E. RODRIGUEZ Notary Public, State of Texas k My Commission Expires: S 02/2612017 � 4 ResolutionExhibit No.,AR2015-77 e. v.„ • City of Pe:riand sA}Ri` p ! ._Milt. ,c... �xc ;s .-. 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: 1. Summary of Contract Terms 1i. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms, Contractor: Maldonado Nursery&Landscapir g Inc. 16348 Nacogdoches San Antonio,TX 78247 Description of Services: Landscaping Maintenance of Right of Ways and Medians per the specifications of City of Pearland bid # 0214-20; Landscaping Maintenance of City Facilities per the specifications of City of Pearland bid##0214-21;City Council Resolution#R2015-77. Contract Amount: 2015 Renewal Council Approved: $577,130; Amendment #2 $581,678.56.-- o Effective Date: June 1, 2015. :•• Termination Date: May 3-1, 2016. Renewal: One option remaining. i3.Signatures. By signing below, the parties agree to the terms-9f this Contract: CITY OF PEA ND* ^,• Purchasi cer Date Title: w __.�_ Date: In- Si by:D e: 11/2//5 t, City, agar Assi _art City Manager Director. �... —._._ Program Manager *Contract Signature Authority: 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+ r. 1• 1 . Hi. 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 totice 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-tridernMo-Any pr`rivi-sl5fft5f arty.dftacfted-coritracfi-dcacT.firienf..thafTriiiff"thy Contractor's liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, foss, 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 assion this Contract without the prior written consent of the City. E. 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. l. 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 atton ney's fees or other costs relating to the suit. K. Severabilit : 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: t. The contractor's response to Bid#0214-20 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate a shalltbe in possession dfCiff a.ai;t a,coinmeilcerrient o,work). 3. Contractor's Contract Agreements for additional properties. 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 #0214-20, Landscape Maintenance of City Facilities, per the specifications of bid#0214-21, and Contractor's response to the same. - Addendum#1:Mykawa to Smith Ranch Road and FM518 to Beltway 8 Center Island Bed Maintenance and Weed Spraying. - Addendum#2:Increase Class B properties to 24 visits to match Class A properties;Add Old Fire Station #3,New Fire Station#3,Old Fire Station#2,New Fire Station#2,and Spectrum Blvd&Kirby Medians. • ; 4c.. :. ear sarc� aaaaag Department 1 3519 Liberty Drive 281.852.1790 yr'.r'`°'' gs;• Pearland,TX 77581`�`` � Fax 281.652.1738 Contractor insurance Requirements &Agreement Requirements Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s)evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that al!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. vpINSURANCE OF � i `€ AMOUNTOF INSURANCE PROVISIONS T. Workers'Compensation I Statutory Limits City to be provided a waiver of Employers'Liability $100j000 per occurrence subrogation and 30 day notice of cancellation or material change in coverage. i 2. ' Commercial General(Public) Personal Injury-$1 00Q 000 per '�"-1 Liability to include coverage for: Injury City to be listed as Additional a) g person;Property Damage- Insured on Contractor's policy Premises/Operations $1,000,000 per occurrence; ( and provided 30 day notice of b) Products/Completed j General Aggregate-$1,000,000 i cancellation or material change in I Operations t I coverage. c) independent Contractors d) Personal injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit- City shall be provided 30 day _ coverage for: $1,000,000 notice of cancellation or material a) Owned/Leased vehicles change in coverage. Ili b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be emailed to:Purchasing Department at ebids[a7pearlandtx.gov. Questions regarding required insurance should be directed to Bob Pearce,City of Pearland Purchasing Officer,at bpearce@oearlandtx.gov. -T,4ls-form r rus eesigned eturned with your-quotatiorr.--Yvtr-are statirrg thatyerrdo-1 rav-e-the-r'tagatrett---- .. •-- ' 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# ...if—C1,.` 2L f t ,r � Company: Mil/.�I �ru ,,,.!r. e ^ 9 l�E�»`�c47,/ 1'; /Ar• . Printed Name:_ 2L G:__� '217 --- .t om,:,--u" r`1-'1 , C. � , ; NURSERY&LANDSCAPING, _ w CONTRACT AGREEMENT FOR LANDSCAPE&LAWN MAINTENANCE AT: CITY OF PEARLAND 3509 EAST ORANGE PEARLAND,TX 78581 ATTN:ERIK HAMMOND THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF ;1)14,BY AND BETWEEN MALDONADO MA ENANCE&R1fiE S SPRAY NSERY& CAPING,INCH&CIT1`OF PEA BLAND 5'18 TO BEfl. Y r3 CE�I s ISLASSdj, BED 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: TWELVE THOUSAND FIVE HUNDRED AND FIFTY TWO DOLLARS&001100 DOLLARS/YEAR THIS AMOUNT INCLUDES THE FOLLOWING: 48 VISITS PER YEAR S 961.00 PER MONTH FOR LANDSCAPE MAINTENANCE $ 85.00 PER MONTH FOR IRRIGATION CHECKS STANDARD CONTRACT SERVICES DESCRIPTION a __ Jan Fab Mar An, Mav J o �� ._�� � -y t _ MOW,E ~i �M�- n A I $ea Oct `lov t Dsc 13otat AGE,TRIM CA�ltNsf68aS, � I r POWER SLOW WALKS/CURD.POLICE 1 FOR UTTER , 3 ; 3 4 j WEED BEDS E ' 4 4 5 4 5 4 4 3 48 ----4- 3 1 3 4 5 4 4 i FIREANFCONTROL P 5 --°.e_ 4 4 3 48A 9 � ?� � 5 E J a E © J a TRIM MEG OF SHRUBS 1 1 t - 1 1 1 1 I i 1 WEED CONTROL 1 1 12 CONCREETEiASP51kLT' 1 1 ' 1 1 1 ; ( TRIM/PRUNE UNE TREES TO Feu s 1 i 1 I I I bb 1 I 1 1 i 1 1 12 UNDTURFB,SHr?U®FERIiLITAT1CdP1 w -- 4 ��.�..e�,,......_—_ ""••••••• -- _._ 1 z MONITOR tanteAnoN II • �--=- 1 i 9 13 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. I Initial ..... --.. 16348 Nacogdoches 9800 Brown Lane 2308 Ringle Road 509 North xBeddoea San Antonio Texas Austin Texas 1960 Holly Road 78u4 7 Houston Texas La Feria Texas Corpus —_,__._... 78754 77055 orPus Christi Texas 78559 78417 Tol Free(855)272-1901 www — -- .mnl�a.eol:.� -,. . 4,i ,: �-� MALDONADO ':ga:n �V� = -' &LANDSCAPING.,INC. ADDITIONAL SERJICES INCLUDED d DESCRIPTION OF SERVICES Each ~ , change cut Jan Feb Mar Apr Ma June Ju A Sep Oct Nov Dec Total ROWED UP SPRAYING 2S3.00.. 1 1 _ 1 i 9 1 S I S f S 1 2,820,02 9 SALES TAX SHALL BE ADDED WHERE APPLICABLE. Monthly statements shall be billed out at the 1st of each month and payable net 30. o Upon acceptance of this contract,customer agrees to the terms and condition as follows: Contract term of one(1)-year based on 43 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 mall 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(Le.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 80 days past due are subject to suspension of services until payments are made.This does not relinquish you from payments ar the terms of this contract Interest on accounts G0 days past due will accrue at 1.5%per month. a Upon cancellation,a final statement will he sent to the authorized agent.Final payment or refund will be made within thirty days. r -,.. ..,...,e= . 'o7i61L. oNApd Nt Ter 0,LANDSCAPING,INC: Ar / ----- — — — SIGNATURE a r/ - i SoAl ���_ , c "" �� CJ �'F2NT5D, e : --- es 04--, t '4 PRINTED/'ANIE TITLE ,�/ _---- TITLEel / / DATED THIS 2_,DAV 2F/I ,20 IS SATED T:-dISi . AY OF e.,-e.,,,,Yi''e .. ,20i i" ----„ 16348 Nacogdoches 9800 Brown Lane 2308 Bingie Road 509 North Beddoes 1960 Hol San Antonio Texas Austin Texas 'Road Houston Texas I.a Fer.�ia Texas Corpus Chsis<?ti Texas 78247 78954 __� 77055 7€559 78417 Tell Free(855)2,72-1 1 www.mnisa.com MALDONADO n ,, oppidow r- NURSERY LANDSCAPING,INC. ADDITIONAL iOfdAL SERVICES INCLUDED DESCRIPTION of SERVICES Each chary out Jan Feb Mar Air , May June July Atari S p Oct Nov Dec Tabs! ' ROUND Ufa SPRAYLNG I ' --- 9 GQ 1 r ZW_.^ I. 4 _.._ _-- -. .... 1' i-. .1- 1 .,6?a3ZO5 I 0 SALES TAX SHALL BE ADDED WHERE APPLICABLE. a Monthly statements shall be billed out at the 1st of each month and payable net 30. Upon acceptance of this contract,customer agrees to the terms and condition as follows: Contract term of one(1)year based on 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 mall 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.rya 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. G 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 OR accounts 60 days past due will accrue at 1.5%per month. a Upon cancellation,a final statement wilt be sent to the authorized agent.Final payment or refund will be made within thirty days. CayOFT slelD i.. v�._ .. v FOR rIALtiotodo f Ltr' .LANDSCAPING,INC: SiuNATu}c- PRINTED 21A4r5�� PRINTED NA. ---^-^•-- TITLE �1��[ 1 TITLE DATED THIS „DAY OF/ kM,a IS DATED 1`His:bL oA OF r ~� J 16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 509 North Beddoes 1960 Holly Road San Antonio Texas Austin Texas Houston Texas La r erla Texas Corpus Christi Texas 78247 78754 77055 F 78:59 78427 Toll Free(855)272-1901 www..renisa.com _ _ ,1 ;,, ,i.. ts�sr DOT ADO :.:; = AiNt NURSERY&LANDSCAPING,INC. CONTRACT AGREEMENT FOR LANDSCAPE&LAWN MAINTENANCE AT: CI'WT'OF PEGRCAND 3809 EAST ORANGE PEARLAND,TX 78581 ATTN:ERIK HAMMOND THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF 2014,BY AND BETWEEN MALDONADO NURSERY&LANDSCAPING,INC,&CITY OF PEARL NQJ, WATO SWATH RANCH ROAD eEp MAINTENANCE&WEED SPRAYING. 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 SE COMPLETED IN A TIMELY&WORKMAN LIKE MANNER FOR THE AMOUNT T OF: TEN THOUSAND EIGHT HUNDERED AND NINETY SIX DOLLARS&Q0l100 DOLLARS'/YEAR THIS AMOUNT INCLUDES THE FOLLOWING: 49 VISITS PER YEAR L.,, 8355.COG PER MONTH FOR LANDSCAPE MAINTENANCE 2 ,. 7 , PER MONTH FOR IRRIGATION CHECKS STANDARD CONTRACT SERVICES QESCRtpiTON OF SERVICESe -- - �.__ FebFb cedar A r sl Ma;. 'h 'p�'..� 3 _ be°� Dec i To--; MOW,EDGE.TRW LAWNsiDEDS, _ I F POWER LITTER OW l�IALKSlCURB,POLICE i No--FOR L!T4EP. 3 3 4 I I 4 I 4 5 4 $ WEED REDS 3 3 4 5 {1{1J 3 4 4 , 5 4 5 4 L j FIREsiNF CONTROL I �-+-= 3 K A S > 11 _ E. E ! D E^ TRIMMING OF SHRUBS 1 D 1 i i i 1 'i WEED CONTROL 1 i I 1 CONCRETE/ASPHALT { 1 f t 1 1 1 , <, 1 I r TRIM/PRUNE TREES TO 8 FEET�. 1 t a 1 t UM3TER iii t 1- 1 12 ..._ ..... ,_ i TURF&SHRUB FERTILiXATION 1 1 -- 3 MONITOR iRRiGAn -- -- nH 5 1 i i — 2 . 1 t ___ < i i i 48 visrrs 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 .w - 18348 Nacogdoches 9800 Brown Lane —2308 Dingle Road 509 North Beddow San.Antonio Texas Austin Texasr9s Hollyhrs i Tex 7$247 78754 HoustonTesas La Feria Texas Corpus Christi Texas 77055 78559 �.._ 78417 Toll x ree(855)272-1901 www,Ix1_n1se..eora . ar• Y ,- , (" . r Ms a 4, - NURSERY & LANDSCAPING t Gy INC CONTRACT AGREEMENT FOR LANDSCAPE&LAWN MAINTENANCE AT: CITY OF PEARLAND NEW SPECTUM&KIRBY MEDIANS 3509 E ORANGE PEARLAND,TX.7858 i ATTN:ERIC HAMMOND THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF 2015,BY AND BETWEEN MALDONADO NURSERY&,LANDSCAPING,INC,&CITY OF PEARLAND NEW SPECTUM&i/KIRBY MEDIANS 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: FIVE THOUSAND-ONE HUNDRED MINTY-SrX DOLLARS&00/100 DOLLARS/YEAR THIS AMOUNT INCLUDES THE FOLLOWING: 48 VISITS PER YEAR $ 324,00 PER MONTH FOR LANDSCAPE MAINTENANCE $_. 55.00 PER MONTH FOR IRRIGATION CHECKS STANDARD CONTRACT SERVICES DESCRIPTION.OF SERVICES _1 Jan Feb Mar A r M June Jul Au Se _DS Ncv Dec TeUl MOW,EDGE,TRIM LAWNSISEDS, 1 ' - III ##( POWER BLOW WALKS/CURS,POLICE I S FOR L(TTER 3 1 3 4 5 4 4 I 5 4 5 h 4 il111 ( 3 I' WEED BEDS - _,_• _ l 3 1 3 4 5 4 4 5 4 5 J 4 4 3 i 48 MEANT CONTROL < I A S � > N ti lE 0 E D S - • TRIMMING OF SHRUBS 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 i WEED CONTROL 1 1 i 1 1 1 1 w 12 1 1 1 1 1 1 12 1CONCRETE1ASPHALT 1 TRIM/PRUNE TREES TO S FEET& 1 1 i i 1 1 1 1 1 11. UNDER tt l i t 1 1 12 ! TURF&SHRUB FERTILIZATION ! _ 1 1 I w_ I '_ 1 2 TURF PRE-EMERGENT WEED 1 1 CONTROL — POST EMERGENT 1 I -� i 2 MONITOR IRRIGATION 1 1 1 1 1 1 1 1 I T 1, 1 1 1 1 12 --— &_VL F.,R_YF RARE GUARANTEED. THEIIUMBEE D_ I I[S COUI D VARY EROte tQ.NTH_ ---. ,..... TO MONTH DEPENDING ON THE DAY OF THE WEEK THAT SERVICE IS SCHEDULED FOR. ----^� Initial 4. — 15348 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 78764 77055 78559 78417 Toll Free(855) 272-1901 www.ranlsa.coa r