ESBD_459694_1759777028127_Rider 101.pdf

RIDER 101 -SCOPE OF WORK/SPECIFICATIONS

INTERIOR PLANT LANDSCAPING AND MAINTENANCE SERVICES

The successful bidder ("Contractor") shall provide interior plant landscaping and maintenance services as described herein to The University of Texas M. D. Anderson Cancer Center ("MD Anderson").

1. GENERAL

1.1 RELATED DOCUMENTS

1.1.1 Contractor shall recognize and perform in accordance with all stated intents, specifications, and stipulations contained or referenced herein.

1.2 SUMMARY

1.2.1 Work will be performed at sites designated as "public areas" spread over some or all of the following twelve MD Anderson Cancer Center sites.

1) Ambulatory Clinic Building / Mays Clinic (ACB) 1220 Holcombe Blvd.

2) Cancer Prevention Building / Duncan Building (CPB) 1155 Pressler St.

3) Faculty Center Building (FCB) 1400 Holcombe Blvd.

4) Pickens Academic Tower (PAT) 1400 Pressler St.

5) Radiology Outpatient Center (ROC) 1700 Holcombe Blvd.

6) MD Anderson Hospital Complex (MD Anderson Main Campus) 1515 Holcombe Blvd.

7) Mid Campus Building 1 (1MC) 7007 Bertner Ave.

8) South Campus Research Building 1 (SCRB1) 7455 Fannin St.

9) South Campus Research Building 2 (SCRB2) 7435 Fannin St.

10) South Campus Research Building 3 (SCRB3) 1881 East Rd.

11) Smith Research Building (SRB) 7777 Knight Rd.

12) Proton Therapy Center (PTC-H) 1840 Old Spanish Trail

1.2.2 The number of buildings and/or the number of "public" project sites within each building as referenced in Paragraph 1.2.1 may vary over the contract term. The Contractor and Project Coordinator will mutually agree on needed price adjustments for additions or deletions of project sites as they occur based on existing pricing established on Rider 102 - Fee Schedule. The Contractor shall make no such changes without the prior approval of the Project Coordinator.

1.2.3 The work consists of furnishing all plants, planters, other materials, labor, equipment, services, and performing all operations in connection with the installation and/or maintenance of the interior landscape work as specified herein. Further, it shall be the Contractor's sole responsibility to make all arrangements for all required procurement, transportation, storage, and preparations in the performance of this work.

1.2.4 The work covered by these specifications also consists of furnishing all plants and other materials, labor, and equipment and of performing all operations in connection with providing maintenance of interior plant materials and other such materials in strict accordance with these specifications.

1.2.5 Coordination of related work includes but is not limited to the following:

1.2.5.1 Scheduled guaranteed maintenance of plants and flowers owned by MD

Anderson.

1.2.5.2 Outright sale of plants and flowers to MD Anderson.

1.2.5.3 Lease and maintenance of plants and flowers when required. MD

Anderson and Contractor shall enter discussions regarding the conditions, terms and termination of any lease if and when the need for such lease or lack thereof arises.

1.2.5.4 Upgrades to existing plants and flowers.

1.2.5.5 Seasonal decorative plants.

1.2.5.6 Scheduled guaranteed maintenance will be on a weekly basis at a minimum.

1.2.5.7 Any maintenance that would hinder patient care or other MD Anderson personnel from performing their normal duties shall be performed outside normal business hours (Monday-Friday, 8:00 am - 5:00 pm) or on weekends.

1.2.5.8 All expenses associated with parking of Contractor vehicle(s) at work sites is the responsibility of the Contractor.

1.3 QUALITY ASSURANCE

1.3.1 The Contractor shall meet the standards outlined below:

1.3.1.1 Contractor has access to all necessary equipment and has organizational capacity and technical competence necessary to do the work properly and expeditiously.

1.3.1.2 All employees reporting for work at MD Anderson locations are provided with a uniform and/or name badge that clearly identifies them as employees of Contractor.

1.3.1.3 Contractor will provide, upon request, a sworn financial statement that evidence Contractor has adequate financial resources to complete the work being bid as well as all other work Contractor is presently under contract to complete.

1.3.1.4 For work described herein, Contractor shall be licensed by the state of

Texas to apply insecticides approved for use indoors in the state of Texas. All insecticide applications must be completed by a licensed Pesticide Applicator.

1.3.2 Qualifications of Workers

1.3.2.1 Contractor shall have in its employ a minimum of one (1) NALP-recognized Landscape Industry Certified Technician (Interior), or an equivalent professional certification recognized by the National Association of Landscape Professionals (NALP).

1.3.2.2 Interior Landscape Installation Manager: Contractor shall provide at least one (1) person present at all times during execution of the work that is thoroughly familiar with the type of materials being installed at MD Anderson and the proper equipment and methods required for their installation at MD Anderson. This person shall have a minimum of three

(3) years’ experience in handling the specified materials, and in sizes specified, in installations of similar scope.

1.3.2.3 Contractor shall provide a NALP-recognized Landscape Industry Certified

Technician (Interior) who shall supervise all interior landscape maintenance work performed under this contract.

1.4 SUBMITTALS, INSPECTIONS AND PAYMENTS

1.4.1 All plants, products, and materials to be supplied by Contractor under this Agreement shall be subject to inspection and approval by the MD Anderson Project Coordinator prior to their installation. Inspections will ensure compliance with requirements for genus, species, variety, size, and quality, as described in the latest edition of the American National Standards Institute (ANSI) Z60.2 – American Standard for Nursery Stock, and in accordance with NALP (National Association of Landscape Professionals) Best Practices. Compliance of plants and materials during any subsequent renewals of this contract shall align with the most recent editions of these standards.

The Project Coordinator retains the right to inspect plants for root system condition, insect presence, injuries, latent defects, and general health, and to reject any unsatisfactory or defective materials at any point during project progress. The Project Coordinator may reject on-site any plant materials that have been damaged during transportation or have substantially changed in character from their last approved condition. Rejected materials shall be removed from the project site immediately.

Other products and materials supplied by the Contractor shall also be subject to inspection and approval by the Project Coordinator prior to use. Such inspections may occur at Contractor’s facilities or other locations designated by MD Anderson.

1.4.2 The Project Coordinator should inspect the plants or other materials prior to their installation at the project premises. The Project Coordinator shall notify the Contractor and arrange a time. Should the Project Coordinator wish to select plants at their nursery source, the Project Coordinator shall confine choices to plants meeting specifications stated herein; should the Project Coordinator wish to select plants other than specified, equitable adjustments to both the unit price(s) and the total installation price shall be negotiated with Contractor.

1.4.3 The Project Coordinator's approval prior to ordering does not preclude the right of inspection and rejection of materials during progress of work nor does it relieve Contractor of responsibility for correctness of species and adequacy of condition of delivered materials.

1.4.4 Contractor shall submit certificates of inspection as required by governmental authorities.

1.4.5 Payment Applications/Invoicing Horticultural Services Phase

1.4.5.1 Contractor shall submit an invoice on a monthly basis to MD Anderson’s Accounts Payable department per Rider 116 - Invoice Payment Requirements for services rendered at project site per building as outlined in Paragraph 1.2.1. MD Anderson shall render Contractor regularly scheduled payments in remuneration for Contractor's services in amounts as specified and upon approval of all invoices by the Project Coordinator.

1.5 MODIFICATIONS TO SCOPE OF WORK/SPECIFICATIONS

1.5.1 Contractor will not substitute or make changes in the written specifications without prior approval of the Project Coordinator. Requests for such changes must be made in writing, and approval or rejection of Contractor's request will be in writing. Changes will not normally be allowed unless Contractor can show a need for such a change due to circumstances beyond their control.

1.6 CODES AND STANDARDS

1.6.1 Contractor shall perform all work in compliance with applicable requirements of governing authorities having jurisdiction. The following publications for the issues listed below, but referred to hereafter by basic designation only, form a part of this specification to the extent designated by references thereto: Federal Specifications (FS):

0 - F 241D, Mixed Commercial Fertilizer.

1.6.2 Grading of plant material shall be in accordance with ANSI Z60.2 – American Standard for Nursery Stock, as published by the American National Standards Institute and supported by AmericanHort and NALP. All plant materials shall meet or exceed the minimum standards for size, quality, health, and vigor as defined in ANSI Z60.2, ensuring uniformity and consistency across all plantings.

1.6.3 All plant material shall comply with all applicable state and federal laws, including Quarantines with respect to inspection, plant diseases and insect infestation.

1.6.4 Contractor shall comply with all applicable federal and state Department of Agriculture regulations for pest control that, in general, require that Contractors operating in infested areas thoroughly clean all equipment units before moving them to non-infested areas.

1.6.5 Nomenclature: Names of plants required under this contract shall conform to those given in ANSI Z60.2. Names of varieties not included therein shall conform to names given in the then current edition of "Standardized Plant Names" prepared by the American Joint Committee on Horticultural Nomenclature or those names generally accepted in the nursery trade.

1.6.6 Prior to introducing or using any chemical, fertilizer or insecticide on MD Anderson property, Contractor will provide Material Safety Data Sheets (MSDS) to the Project Coordinator. The Project Coordinator will forward all MSDS sheets to MD Anderson’s Chemical Safety Officer, Environmental Health & Safety- Unit 0713.

1.7 DELIVERY, STORAGE AND HANDLING

1.7.1 Contractor shall pay all fees, labor, licenses, transportation, and incidental costs involved with wrapping, loading, and transporting of the plant materials from the holding nursery to the job site.

1.7.2 It shall be Contractor's responsibility to protect all plant materials from adverse environmental conditions during procurement, preparation, acclimatization, transportation, delivery, unloading, and installation at the job site. Further, Contractor shall be responsible, except as otherwise stipulated herein, to protect all plants stored at the project premises from any and all damage, theft, or deterioration of health or appearance.

1.7.3 Contractor shall be experienced in handling live plants and is required to transport all plants in an enclosed and environmentally controlled vehicles.

1.7.4 Contractor shall handle all materials within generally accepted industry standards. All plant materials shall be provided with protective covering during delivery. Plant materials shall not be bent or tied in such manner as to damage bark, break branches, or destroy natural shape. Plants shall not be pruned prior to delivery unless approved by the Project Coordinator.

1.7.5 Contractor shall store and protect other products from weather or other conditions that would damage or impair the effectiveness of the product.

1.7.6 Delivery of plants shall be carefully scheduled with Project Coordinator to arrive at the job site only after areas have been prepared.

1.7.7 Contractor shall verify that all products delivered comply with the requirements of the approved schedules, bear proper inspection certificates, and are not damaged.

1.8 PLANT REPLACEMENT WARRANTY

1.8.1 General: The warranty for plant health shall be for the period of time during which Contractor is responsible for the maintenance of the plantings. Contractor shall replace any plant or plants that deteriorate in health and appearance so as to become a lesser specification and/or grade, within reason, from that which was originally installed.

1.8.2 The contract warranty does not include rotating the seasonal floral plants, as specified.

1.8.3 All plant replacements shall be made with the same species, size, and grade plant(s) as were listed in the specifications or with another plant of comparable value, which has been pre-approved by the Project Coordinator.

1.8.4 Either the Contractor or the Project Coordinator may make the decision to replace.

However, on request from the Project Coordinator, the Contractor shall perform any such replacement(s) within five (5) business days.

1.8.5 Contractor shall bear all costs of this warranty including, but not limited to:

1.8.5.1 Costs to acquire and ship the new plant materials.

1.8.5.2 Installation labor and equipment required for such replacement material.

1.9 WAIVER OF CONTRACTOR'S PLANT REPLACEMENT WARRANTY

1.9.1 General: In the event of the situations listed below, MD Anderson shall release Contractor from their plant replacement warranty, as specified above. Any resulting plant replacements shall be made at an additional cost to MD Anderson.

1.9. 1.1 Maintenance or other well-meaning care of plant materials by anyone other than Contractor.

1.9.1.2 Building HVAC equipment failure, lighting systems failure, fire, theft, vandalism, flood, freezing, explosion, acts of terrorism, or act of God.

1.9.1.3 Moving or handling of any plant by others without Contractor's prior consent.

1.9.1.4 Changing of lighting levels or altering the lighting schedule at the project site from those that were originally specified or below those levels that would be required for such or like plants that were in place at the time of the original bid for the maintenance contract.

1.9.1.5 Adjustments to the humidity or temperature levels from those originally specified per industry standards and/or as outlined in ANSI Z60.2 – American Standard for Nursery Stock and NALP Best Practices.

1.9.1.6 Accidental or malicious damage to plants, containers, or related interior landscape materials by MD Anderson's employees, cleaning or other personnel associated with the building or by the general public.

1.9. 1.7 Introduction of specified liquids into the planting medium, such as cleaning chemicals, alcohol, wastewater from equipment cleaning, or the use of toxic gases such as strong ammonia from floor cleaning and stripping or use of paint containing mercury or naphthalene in the area.

1.9.1.8 Plants reaching heights and/or widths that are too large for the space, plants that cannot be pruned appropriately, or if plant root balls overgrow their decorative planter.

1.10 PROJECT CONDITIONS

1.10.1 Contractor should refer to Exhibit A – MD Anderson Interior Plant Inventory for a complete inventory of plants currently covered under this scope of work.

1.10.2 Contractor shall be familiar with the project premises and how the existing conditions will affect its work during both the installation and horticultural services phases of this Agreement. The Contractor shall visit and examine the site to become acquainted with adjacent areas, means of approach, job site conditions, and facilities for delivering, storing, placing, and handling materials and equipment. Failure to visit the site or examine all contract documents will not relieve the Contractor from the responsibility of furnishing required materials or equipment or performing work necessary to complete the project in accordance with the contract documents. Neglect of the above requirements will not be accepted as grounds for delays or claims for additional compensation.

MD Anderson shall ensure a minimally acceptable level of light necessary for plant survival. This light level shall meet the minimum requirements for the specified plant materials as defined in the ANSI Z60.2 – American Standard for Nursery Stock and NALP Best Practices.

1.10.3 The Project Coordinator shall provide full information regarding all requirements for the project, not specifically contained herein, and shall establish and maintain an effective communications system with Contractor throughout all phases of the work.

1.11 SEQUENCING AND SCHEDULING

1.11.1 Contractor shall coordinate with the Project Coordinator to arrange a schedule and shall continue coordination at intervals set forth by the Project Coordinator to update the schedule. In addition, Contractor shall:

1.11.1.1 Communicate with the Project Coordinator five (5) days in advance of the proposed arrival on the job site all plans for receiving and on-site storage of plant materials.

1.11.1.2 Communicate with the Project Coordinator five (5) days in advance of proposed arrival on job site all space requirements for other materials and equipment.

1.11.2 The Project Coordinator shall facilitate Contractor's horticultural services program by providing access to the project premises during both regular business hours and as necessary so that Contractor can conduct both scheduled maintenance and any special service(s). The Project Coordinator shall notify the Contractor in advance of any change(s) in MD Anderson's normal business hours and shall inform the Contractor of any future changes or of any immediate emergency.

2. PRODUCTS

2.1 PLANTING MEDIUM

2.1.1 Contractor shall furnish all plants, planters, materials, labor, equipment, and services for interior landscape installation and maintenance in strict compliance with this Agreement and in accordance with ANSI Z60.2 – American Standard for Nursery Stock and NALP Best Practices. The Contractor shall maintain proper soil levels in all planters, addressing any soil loss, compaction, or subsidence, and replenish or adjust soil as necessary to ensure plant health and stability.

2.2 SUB IRRIGATION UNITS

2.2.1 Contractor shall sub irrigate plantings in above-ground decorative containers with the appropriate products as needed and provide all fittings and accessories necessary for the proper functioning of the system as recommended by the manufacturer's distributor.

2.3 FREESTANDING DECORATIVE CONTAINERS

2.3.1 Contractor shall provide pricing for freestanding containers upon request from Project Coordinator.

2.4 PLANT MATERIALS

2.4.1 Each specimen shall be nursery grown.

2.4.2 Standards: Contractor shall provide plants which conform to the following standards:

2.4.2.1 For nomenclature: Names of plants required under this contract shall conform to those provided in the most recent edition of ANSIZ60.2– American Standard for Nursery Stock. Names of varieties not included therein shall conform to references such as the USDA PLANTS Database, The Plant List, or names generally accepted in the nursery trade.

2.4.2.2 For Cultural Requirements: Contractor shall follow NALP Best Practices and applicable ANSI A300 Standards for tree, shrub, and plant care,

2.4.2.3 All plant materials shall meet or exceed the grading and sizing standards of the most recent edition of ANSI Z60.2 – American Standard for Nursery Stock

2.4.3 All plants provided shall have been established in their present growing containers for at least six (6) months prior to installation.

2.4.4 No plant(s) provided shall be accepted if they require permanent staking in order to maintain an upright position.

2.4.5 Contractor shall prepare all plants for presentation within the project premises by acclimatizing them to lower light, moisture, humidity, and fertilization levels in conformance with accepted industry standards of the most recent edition of ANSI Z60.1

– American Standard for Nursery Stock

2.4.6 Plants shall be free from disease and pest infestation that could, by their presence, induce or contribute to the decline of the plant. Plants shall be of a normal growth habit for the species; however, naturalistic forms of plant materials are preferred to highly pruned and shaped forms.

2.4.7 Plants shall have well-developed root systems, and upon inspection it must be found to be free of pests and/or disease. The roots shall be well distributed throughout the container such that they visibly extend on all sides to the inside face of the growing container. Conversely, the root formation within the container shall not have developed to the point where it becomes excessive (i.e., "pot-bound"} and prohibits water from permeating the fine water-absorbing root hairs. All plants larger than the 10-inch pot size provided shall have been established in their present growing containers for at least six months prior to installation.

2.4.8 Plants' root systems shall afford firm support and insure physical stability of the plant parts above the planting medium. The root system shall maintain life systems required to produce vigorous, healthy growth.

2.4.9 Trunks: Trunks of trees shall have a shape normal to their species, and all old abrasions and cuts shall be completely callused over. Trees that have had their leaders cut or so damaged that cutting is necessary will be unacceptable.

2.4.10 Foliage must be present in such quantity as may be required to produce an appearance representative of the species.

2.4.11 Plant materials must be reasonably free of conspicuous scarring evidence. Scars, conspicuous or not, must be substantially healed, providing no point of entry for deleterious pathogens or boring insects. There must be no splitting of canes or branching points.

2.4.12 Dead wood and all stubs resulting from pruning must be removed.

2.4.13 Plants shall be pruned according to standard horticultural practices to preserve the natural character of the plant. Only clean, sharp tools should be used. No trees shall have cuts of limbs over one and one-half inches in diameter.

2.4.14 Each plant shall have been transplanted or had its roots pruned at least once during the previous three (3) years.

2.4.15 Plants must be free of any choruses, yellowing, or poor chlorophyll formation and be turgid and substantially erect as well as substantially free of blemishes resulting from mechanical, chemical, pathological, or pest-induced damage.

2.4.16 Plant materials must be reasonably free of dust, pesticide, and water-borne residues and includes products specifically formulated as leaf polish. However, combination foliage cleansers and polishes are acceptable.

2.5 PLANT SIZES

2.5.1 Measurements: All plants shall be measured when their branches are in their normal position. The heights of plants specified are from the bottom of container to top of plant, not including any outstanding branches. The number of canes or plants per pot specified shall be the minimum acceptable. Foliage width and origin shall be measured across mean foliage width dimension, not including random outstanding branches. The foliage origin along a main trunk, cane or stem shall be measured from soil line.

2.5.2 All plants shall conform to the measurements specified in ANSI Z60.1 Plants shall be selected by height or spread as indicated above rather than by grow pot size. In the event that plants are supplied in grow pot sizes other than specified, Contractor shall determine if a conflict with the proposed conditions exists. In such cases, the matter shall immediately be brought to the attention of the Project Coordinator prior to planting.

2.5.3 All trees indicated as "matched specimens" must be installed at the same height and spread, plus or minus ten percent (10%) of the appropriate dimension.

2.5.4 In the event plants are tagged more than two (2) months prior to installation, the height of the plants as tagged may be less than the specified height if, in the opinion of the grower, the specimens will attain the specified height prior to installation. Should any plant not attain the specified height at the time of the installation, the Project Coordinator reserves the right to reject the plant as failing to meet size specifications.

2.6 ACCESSORY MATERIALS

2.6.1 Inspection Tube: Shall be black, dark brown or dark green. No perforated PVC or polyethylene tubing. Each tube shall be equipped with a cap of matching color.

2.6.2 Mulch: Shall adhere to standards set by MD Anderson infectious disease department and pass all applicable codes with regard to fire retardancy.

2.6.3 Foam Collar: Shall be urethane foam, with a density of 1.11.2 lbs./CF, supplied in a 3.5-inch x 3.5 inch cross section, 108 inches in length, ASTM D-3574

3. EXECUTION

Installation Phase

3.1 PRE-INSTALLATION REPORT

3.1.1 Prior to the commencement of work under an awarded contract, Contractor and Project Coordinator or designee will complete a complete inventory and assessment of the condition of pre-existing plants and containers at each project site.

3.1.2 Post-assessment, Contractor will timely provide Project Coordinator with details of proposed changes and/or identified concerns as required.

3.1.3 Post-assessment, Contractor, if necessary, will provide Project Coordinator with a firm schedule for all plant installation. Such installation shall be coordinated with Project Coordinator to minimize disruption to hospital operations and may require performance of installation during off hours.

3.2 NOTIFICATION

3.2.1 Contractor shall coordinate all delivery and installation activities with the Project Coordinator and shall inform the Project Coordinator at least forty-eight (48) hours prior to commencement of work at the project premises.

3.3 ACCLIMATIZATION

3.3.1 All plant materials shall be acclimatized at the nursery or at a designated storage area not less than two months prior to installation, if originally grown under shade conditions.

If grown under full sun, the acclimatization period shall not be less than twelve months.

3.4 PLANT MATERIAL SHIPPING AND HANDLING

3.4.1 Shipping Times: All plants from Florida, California, and other climatic zones shall be delivered to the project area at such a time as is accepted as best for the health and survival of the plants. The methods of handling shall comply with the best methods established by the American Nursery and Landscape Association for the areas of the country involved.

3.4.2 All shipments of plants shall be by a carrier experienced in the handling and shipment of live tropical plants. Each load of plants shall have a tamper-proof high/low thermometer indicating conditions during the trip. This device shall be requested by the Contractor and provided by the shipping company.

3.4.3 It shall be the Contractor's responsibility for delivery and installation. Further, Contractor shall be responsible, except as otherwise stipulated herein, to protect all plants stored at the project premises during installation from any and all damage, theft, or deterioration of health or appearance (theft or conditions adverse to the plants' health or appearance).

3.4.4 Changes and Substitutions:

3.4.4.1 Plant materials arriving at the job site that were damaged during shipping or plant material damaged during installation shall be replaced in the next possible shipment to the job site or as agreed to by the Project Coordinator. All extra costs in obtaining new material in a timely manner will be incurred by the responsible party.

3.5 INSTALLATION OF SUB IRRIGATION SYSTEM

3.5.1 Contractor shall install any sub irrigation system according to manufacturer’s instructions.

3.6 PLANTING

3.6.1 Time of Delivery and Planting: Contractor shall coordinate with the Project Coordinator to ensure that delivery and receipt of plant materials are conducted under favorable site conditions, that access to the building is clear, and that suitable on-site staging areas and other facilities are available for efficient installation. The Contractor shall construct or acquire appropriate shelters for plant receipt as weather dictates.

3.6.2 During the Installation Phase, Contractor shall immediately report to the Project

Coordinator any unsatisfactory environmental conditions or use of construction materials that may adversely affect the work or the life and growth of the plants.

3.6.3 Contractor shall provide and install suitable protective coverings for all surfaces of the building or paved areas during delivery and planting operations.

3.6.4 Contractor shall protect plants when moving to avoid damage to plant materials, shall wrap as necessary to protect from cold air, and shall tie back branches to reduce canopy width before moving through doors and openings.

3.6.5 Installation of Decorative Planters:

3.6.5.1 Plants shall remain in their grow pots.

3.6.5.2 Contractor shall place grow pots in the decorative container, raising them to a level wherein the top of each grow pot is one inch (1") below the top of the decorative container by placing pot supports beneath the grow pot to achieve the appropriate height. The supports shall be placed within the decorative container to provide balanced, level support that will keep the grow pot from tilting within the decorative container.

3.6.5.3 When the proper level is established, the void, if any, between the decorative container and the grow pot shall be filled in a method indicated in the approved planting methods portion of this specification.

3.6.5.4 Top-dress with mulch as specified.

3.7 PRUNING

3.7.1 All trees and shrubs shall be pruned in accordance with good horticultural practice and as directed by the Project Coordinator. The Contractor shall remove dead, injured twigs and broken branches and those sufficient to compensate for the loss of roots resulting from transplanting operations. The Contractor shall also prune those branches that interfere with the desired shape of the plant. The Contractor shall not change the natural habit or shape of the plant.

3.8 CLEAN-UP

3.8.1 Contractor shall remove all trash, excess materials, and other debris created from the work site upon completion of work at each work site.

3.8.2 Any damage, including but not limited to, stains, scratches, or damage to flooring, walls, or other finished surfaces shall be promptly communicated to Project Coordinator or designee and corrected at no cost to MD Anderson in a manner acceptable to MD Anderson.

3.9 INSTALLATION PLANT MAINTENANCE

3.9.1 Maintenance: During delivery and installation, Contractor shall maintain and care for all plants installed or temporarily stored at the project premises and, except as otherwise stipulated herein, shall guarantee their health and appearance under all of the same terms, as stated below.

3.9.2 Contractor shall perform all maintenance of the landscaping work beginning immediately after each plant is received and extending through the course of the contract until the date of final acceptance of the work. Plantings that appear to be in distress shall be replaced or replanted as described in Section 1.8 et seq. above.

3.10 INSPECTION AND ACCEPTANCE

3.10.1 Contractor shall request inspection for acceptance, five (5) business days after substantially completing all planting. The Project Coordinator shall certify substantial completion and provide a punch list of any items requiring corrective work within five (5) working days.

3.10.2 All replacements shall be plants of the same species, as originally specified herein. The cost of such replacement shall be borne by the Contractor.

Maintenance Phase

3.11 HORTICULTURAL MAINTENANCE PHASE

3.11.1 Horticultural maintenance shall consist of a complete, regularly scheduled program (and as agreed upon with Project Coordinator) for maintaining the health and appearance of all the installed interior plantings. These services shall be carried out by trained and uniformed service technician(s) at all times. Contractor is responsible for all aspects of landscape maintenance during the length of the Agreement.

3.11.2 Regular service procedures and functions shall include, but not be limited to:

3.11.2.1 Notification to Project Coordinator of service technician(s) arrival and departure from the project premises.

3.11.2.2 Inspection of soil moisture levels and replenishment as required.

3.11.2.3 Trimming and cleaning of all foliage and seasonal floral units, removal and proper disposal of diseased or unattractive plant debris from the plant or the soil surface, and addition of planting medium and/or topdressing to planting medium surface as needed.

3.11.2.4 Inspections for planting medium and foliar insect pests, diseases, and other such infestations.

3.11.2.5 Rotation of plants, as possible and as necessary relative to available light source in order to maintain attractive shape.

3.11.2.6 Maintenance of proper growing medium nutrient levels through manual fertilizing or application.

3.11.2.7 Maintenance of originally specified grade with specified planting medium when settling is measurable or observable.

3.11.2.8 The implementation of control measures for pest and disease infestations shall be in strict compliance with all federal and local regulations and preapproved by the Project Coordinator. Biological controls are preferred, but other applications may be considered and subject to preapproval. A current pesticide applicator license shall be required by all those implementing any pest control measures on site.

3.11.2.9 Contractor shall participate in a bi-annual quality assurance review with the Project Coordinator. Such bi-annual review shall include the inspection of randomly selected project sites by the Contractor and the Project Coordinator to review plant condition, container condition, plant location, etc.

3.11.2.10 Contractor shall provide pricing for horticultural services as specified and/or listed in the Rider 102 – Fee Schedule.

3.11.3 Periodic service procedures requiring access to and use of MD Anderson vertical lift equipment:

3.11.3.1 Must be conducted during off hours to minimize the impact on patient operations.

3.11.3.2 Contractor must advise Project Coordinator five (5) business days in advance of spraying operation to ensure that a properly trained Patient Care Facilities Management equipment operator is available to operate the equipment for Contractor's technician during the service procedure.

3.11.3.3 Hazard warning media such as cones, tape, etc. must be placed appropriately around the project site. Such media shall be provided by Contractor.

3.11.3.4 Contractor shall establish and maintain an effective communication system with the Project Coordinator (e.g., pagers, mobile phones).

3.12 PROJECT COORDINATOR RESPONSIBILITIES AND RIGHTS

3.12.1 Project Coordinator shall help facilitate Contractor's Horticultural Services Program by providing access to the project premises during both regular business hours and at other times as may be necessary so that Contractor can conduct both regular scheduled horticultural services and any special services.

3.12.2 Project Coordinator may provide limited, but suitable, secure storage facilities if available for the storage of basic horticultural service equipment, including but not limited to hose reels, watering machines, sprayers, ladders, and miscellaneous equipment and supplies.

3.12.3 Project Coordinator shall notify Contractor in advance of any change(s) in normal business hours and shall inform Contractor of any future changes or any immediate emergency situations regarding the environmental conditions on the project premises.

4. PLANT TYPES AND CONTAINER SIZES

4.1 PLANT TYPES

4.1.1 Prior to the commencement of work (Section 3. 1) Contractor and Project Coordinator or the designee will inventory and assess the condition of pre-existing plants and containers at each project site.

4.1.2 A pot size of less than ten inches (10") in diameter denotes a desktop plant.

4.1.3 A pot size greater than ten inches (10") in diameter denotes a floor plant

5. PROJECT COORDINATOR/DESIGNEE & INVOICING PROCEDURES

5.1 Routine maintenance, plant selection issues and other activities surrounding this Agreement will be scheduled through and reports made to the personnel listed below:

5.1.1 Project Coordinator:

Philip Roberts, Sr. Facilities Project Manager Phone Number: 713-745-6353

5.1.2 Project Coordinator Designee:

Mitchell Jones, Facilities Project Coordinator Phone Number: 713-563-3253

5.2 Contractor shall submit all invoices to MD Anderson’s Accounts Payable Department as described in Rider 116-lnvoice Payment Requirements.

5.2.1 All invoices must clearly reference the assigned Purchase Order as provided by the Project Coordinator or the designee referenced in Paragraph 5.1 above. An incorrect or missing Purchase Order number will result in the invoice being rejected by Accounts Payable.

5.2.2 All invoices must clearly reference the building name or abbreviation and project site within each building for the work completed.

6. CONTRACT PERFORMANCE METRICS

6.1 MD Anderson shall compile the following contract performance data during the term of this

Agreement. The data shall then be used to evaluate Contractor's performance and to assist MD Anderson in making its determination whether to renew the contract for an additional term.

6.1.1 The number of documented instances when Contractor failed to give required advance notice to Project Coordinator prior to commencement of work on MD Anderson premises as required in Section 1.11.1, 3.2.1 above and elsewhere in this scope of work.

6.1.2 The number of documented complaints from MD Anderson personnel or patients that

Contractor left job site in an unclean or unsafe condition. (Ct. Paragraph 3.8).

6.1.3 The number of documented violations of the requirements outlined in Paragraph 3.11.3 above that requires qualified MD Anderson personnel to operate vertical lift equipment used during service procedures.

6.1.4 The number of invoice discrepancies that vary from requirements described in Section

5.2 above.

6.1.5 Contractor's participation in, and results of, the bi-annual quality assurance reviews conducted with the Project Coordinator as outlined in Paragraph 3.11.2.9. Such bi-annual review shall include the inspection of randomly selected project sites by the Contractor and the Project Coordinator to review plant condition, container condition, plant location, etc.