R-2016-224 2016-12-19RESOLUTION NO. R2016-224
A Resolution of the City Council of the City of Pearland, Texas, renewing a unit
price service contract for rough cut mowing maintenance of roadside ditches,
vacant City properties and retention areas, to Lawnscapes Unlimited in the
estimated amount of $118,342.81, for the period of January 12, 2017 through
January 11, 2018.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a unit supply contract for rough cut mowing
maintenance of roadside ditches, vacant City properties and retention areas.
Section 2. That the City Council hereby renews a contract with Lawnscapes Unlimited, in
the estimated amount of $118.342.81.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for rough cut mowing maintenance of roadside ditches, vacant City properties and retention areas.
PASSED, APPROVED and ADOPTED this the 19th day of December. A.D.. 2016.
ATTEST:
gtNG L FING,
Y SEC TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
Resolution No. R2016-224
Exhibit "A"
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. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor
Description of Services:
Contract Amount:
Effective Date:
Termination Date:
Renewal:
Lawnscapes Unlimited
PO Box 553
Rosharon, TX 77583
Contractor will provide rough cut mowing services to eighty-three
locations (includes changes from amendment I and II) throughout
the City of Pearland, per the specifications of proposal #1116-06;
City Council Resolution #R2016-224.
Unit Price Contract, Estimated at $118,342.81annually.
1/12/2017
1/11/2018
One renewal option remaining upon the mutual agreement of the
parties, and the approval of City Council.
11. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF P • RLAND
1L
Purc
asing
Zs/
*Sig r by: Date:
V City Manager
Assistant City Manager
Director
Program Manager
'Contract Signature Authority:
?x=b Ito
Date
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 proposal 1116-06 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).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of the contractor providing rough cut mowing services to
eighty-three locations (includes changes from amendment I and II) throughout the City of Pearland, per
the specifications of proposal #1116-06; City Council Resolution #R2016-05. Pricing is as follows per
contractor's response to the same, as listed below:
pecification Responses
EST.
Line Description UOM QTY
Unit
Extended
1
IH 1A Mayor's Alley: Portion of Mayor's Alley Near Apartments. .49
acres
EA
12
$65.40
$784.80
2
IH 1 Old Alvin Road: Bridge Crossing At Walking Trail Bridge Near
Swenson. .09 acres
EA
12
$65.40
$784.80
3
IH 2 Main @ 3rd Street: West Shoulder Of The Road From 3rd to
Creek .17 acres
EA
12
$65.40
$784.80
4
IH 3 Industrial West: West Of Main Including Alexander Easement.
4.66 acres
EA
12
$122.52
$1,470.24
5
IH 4 Industrial East: East of Main Street. 2.47 acres
EA
12
$196.56
$2,358.72
6
IH 5 Dixie Farm Lot: Pearland Parkway Connection. 4.59 acres
EA
12
$57.00
$684.00
7
IH 6 Friendswood Hastings Lot: Intersection of Friendswood Hastings
and Dixie Farm. 30 acres
EA
12
$171.00
$2,052.00
8
IH 7 Hastings Friendswood: Side of City property. 1.19 acres
EA
12
$65.40
$784.80
9
IH 9 John Lizer Road: Pearland Parkway East to Marys Creek. .37
acres
EA
12
$65.40
$784.80
10
IH 11 Library Lot: Lot behind library and fence line. .73 acres
EA
12
$57.00
$684.00
11
IH 12 Library Pond: .87 acres
EA
12
$57.00
$684.00
12
IH 15 East Mary's Creek Retention Pond ROW: Estimated at one pass
behind the houses. 4.09 acre
EA
12
$85.50
$1,026.00
13
IH 16 McGinnis Road: Dixie Farm to Drainage Ditch. .62 acres
EA
12
$98.10
$1,177.20
14
IH 19 Green Tee Ditch: Moore North to Bogey Way. 2.31 acres
EA
12
$262.08
$3,144.96
15
IH 20 Country Club Ditch: Antrim North to Creek. 1.40 acres
EA
12
$262.08
$3,144.96
16
IH 21 Barry Rose Road: Lot on East Side Of Barry Rose. 1.82 acres
EA
12
$131.04
$1,572.48
17
IH 23 Pearland Parkway Pond East. 17.88 acres
EA
12
$295.50
$3,546.00
18
IH 24 Pearland Parkway Pond West. 6.47 acres
EA
12
$155.54
$1,866.48
19
IH 25 Twin Creek Ditch and Pond to the East - Glastonburry Ditch.
Ditch Runs Parallel to Hickory Knoll. 4.85 acres
EA
12
$115.23
$1,382.76
20
IH 26 Bishopton Lot: Ditch In Front of City Lot on Bishopton. 0.0156
acres
EA
12
$65.40
$784.80
21
IH 27 Knapp Road: Intersection of Knapp and Old Alvin. 0.89 acres
EA
12
$131.04
$1,572.48
22
IH 28 Old Alvin Rd: Intersection of future Halik and Old Alvin. .23 acres
EA
12
$28.50
$342.00
23
IH 29 Houston Alley: Between Houston and 35/Jasmine and Plum. .25
acres
EA
12
$65.40
$784.80
24
IH 30 Orange and Washington Lot: Corner lot. 2.85 acres
EA
12
$57.00
$684.00
25
IH 31 Orange: From Railroad Tracks to Washington. .09 acres
EA
12
$65.40
$784.80
26
IH 32 North Pearland Alley: Jasmine North to Orange. .59 acres
EA
12
$65.40
$784.80
27
IH 33 North San Antonio Alley: Jasmine to Plum. 0.24 acres
EA
12
$65.40
$784.80
28
IH 34 North Washington Alley: Jasmine to Orange. 0.41 acres
EA
12
$65.40
$784.80
29
IH 35 North Washington Fence Line: Jasmine North to Plum. .36
acres
EA
12
$65.40
$784.80
30
IH 36 McHard Overpass Ponds: Ponds along McHard Phase 1. 6.37
acres
EA
12
$160.54
$1,926.48
31
IH 37 Mykawa - East Shoulder: Katy Street to Creek and Median at
Bridge. 1.35 acres
EA
12
$196.56
$2,358.72
32
IH 38 Wood Road: Cunnin.ham to Cherry. .31 acres
EA
12
$65.40
$784.80
33
IH 39 Hatfield Road: Intersection of Jasper and Hatfield .02 acres
EA
12
$32.70
$392.40
34
IH 40 1626 Hatfield: Future Extension of McHard. 2.56 acres
EA
12
$196.56
$2,358.72
35
IH 41 O'Day Road: Along City Property South of Rice. .38 acres
EA
EA
12
12
$65.40
$90.30
$784.80
$1,083.60
36
IH 42 Garden Road Water Tower Field: Field Behind Garden Road
Water Tower. 3.33 acres
37
IH 43 Max Road: Along Hickory Sough Sports Plex. 1.71 acres
EA
12
$196.56
$2,358.72
38
IH 44 Reid Road: 1128 Extension. 0.59 acres
EA
12
$65.40
$784.80
39
IH 46 Lee Road: Lee Road Connection. 0.65 acres
EA
12
$65.40
$784.80
40
IH 47 Hill House Road: 518 to Cemetery Westside Behind Wood
Fence. .23 acres
EA
12
$65.40
$784.80
41
IH 48 MUD 5 Pond: Intersection of McHard and Cullen. 43.05 acres
EA
12
$685.33
$8,223.96
$1,572.48
$1,026.00
42
IH 49 Water Lights Road. 1.96 acres
IH 50 Kirby Ditch & Kirby Pond 1. 6.63 acres
EA
EA
12
12
$131.04
$85.50
43
44
IH 51 Kirby Pond 2. 2.75 acres
EA
12
$57.00
$684.00
45
IH 52 Shadow Creek Parkway Lot: To Be A Future Fire Station. 5.57
acres
EA
EA
12
12
$114.00
$65.40
$1,368.00
$784.80
46
IH 55 Fite Road: Navarro to Dead End. 0.53 acres
47
IH 57 Bailey Road: 1800' West of 1128 to Veteran (South Side). 13.23
acres
EA
12
$310.00
$3,720.00
48
IH 59 Veterans Road: Magnolia to Bailey. 1.17 acres
EA
12
$131.04
$1,572.48
49
IH 60 Magnolia Ponds (2). 1.04 acres
EA
12
$131.04
$1,572.48
50
IH 61 Lee Lane Extension: Continuation of Lee Road From Dead End
To Fence Line. .23 acres
EA
12
$65.40 $784.80
51
IH 62 McLean Road: Cabot Cove to Bailey (Ditch Crossing at School).
.26 acres
EA
12
$65.40 i $784.80
52
IH 64 Harkey Raod: Fite to Figland on East Shoulder Only. .23 acres
EA
12
$65.40 i $784.80
53
IH 66 Fite Road: Hatfield to McLean. .76 acres
EA
12
$65.40
i $784.80
54
IH 68 Fire Admin Fields: Old Police Department. 9.45 acres
EA
12
$192.50
$2,310.00
55
IH 69 Walnut Road: Along Walnut Estates Subdivision. 2.53 acres
EA
12
$131.04
$1,572.48
56
IH 70 Veterans Road: Walnut to Magnolia. 0.75 acres
EA
12
$65.40
$784.80
57
IH 71 McLean Road: Jolie to Cabot Cove. .52 acres
EA
12
$65.40
$784.80
58
IH 72 McLean Road: Silsbee to Apple Springs. .57 acres
EA
12
$65.40
$784.80
59
IH 73 Hatfield Road: Broadway to Fite. 6.02 acres
EA
12
$188.00
$2,256.00
60
IH 73A Hatfield Trunk Line: Hatfield Road From Mary's Creek
Barricade to Magnolia. .59 acres
EA
12
$65.40
$784.80
61
IH 74 Broadway: Johnston to Ray. 0.13 acres
EA
12
$65.40
$784.80
62
IH 75 South Pearland Alley: Walnut North To 518. 0.56 acres
EA
12
$65.40
$784.80
63
IH 76 South San Antonio Alley: Walnut North To 518. 0.53 acres
EA
12
$65.40
$784.80
64
IH 77 South Washington Alley: Walnut To Pear. 0.27 acres
EA
12
$65.40
$784.80
65
IH 78 South Texas Alley: Walnut To Pear. 0.34 acres
EA
12
$65.40
$784.80
66
IH 79 South Sacremento Alley: Walnut To Just North Of Pear. 0.35
acres
EA
12
$65.40
$784.80
67
IH 80A Hastings Cannon Lot: East Property Line Between Land and
Trailer Park. 1.15 acres
EA
EA
12
12
$131.04
$65.40
$1,572.48
$784.80
68
IH 81 Fite @ FM 1128: Intersection of Fite and FM 1128 With
Sidewalk. 0.10 acres
69
IH 82 Southeast Corner Magnolia @ McLean: Corner of Magnolia &
McLean Between Road And Sidewalk. 0.91 acres
EA
12
$65.40
$784.80
70
IH 83 Southwest Corner Magnolia @ McLean: Corner of Magnolia &
McLean At Majestic Church. 0.16 acres
EA
12
$65.40
$784.80
71
IH 84 Barry Rose @ Pearland Parkway: Between Creekside
Subdivision Fence And Sidewalk. 0.35 acres
EA
12
$65.40
$784.80
72
IH 85 Pearland Parkway Loop: Lot Near Pearland Parkways "Round-
A-Bout". .57 acres
EA
12
$65.40
$784.80
73
Price Per Mile of Right Of Way Reclamation - where it may be
necessary to push back tree line in areas of the community to reclaim
the entire widths of ROW.
Mile
5
$300.00
$1,500.00
74
Price Per Square Foot For Slope Mowing.
SF
5
$0.0019
$0.0095
75
Price Per Square Foot For ROW Mowing.
SF
5
$0.0003
$0.0015
76
Price Per Square Foot For Vacant/Retention Mowing.
SF
5
$0.0004
$0.002
77
IH 86 Bailey Road (Wellborne — Veterans) .11 acres
EA
12
$45.00
$540.00
78
IH 87 Fite Road (Hatfield — Cullen) 2.81 acres
EA
12
$407.50
$4,890.00
79
IH 88 Garden Road (Broadway — Brookside) 3.15 acres
EA
12
$407.50
$4,890.00
80
IH 89 Harkey Road (Sharondale St — Terrell Dr) .2 acres
EA
12
$67.50
$810.00
81
IH 90 McLean Road Near Intersection of Ma•nolia) .72 acres
EA
12
$135.00
$1,620.00
82
IH 91 O'Day Road (Broadway — Olin Dr) 2.18 acres
EA
12
$202.50
$2,430.00
83
IH 92 Old Alvin Road (Near Intersection of McHard) 1.16 acres
EA
12
$135.00
$1,620.00
84
IH 93 Veterans (Magnolia — Walnut) 1.33 acres
EA
12
$135.00
$1,620.00 .
85
IH 94 Mykawa at McHard
EA
12
$134.15
I $1,609.80
86
IH 95 Mykawa at Orange
EA
12
$83.02
$996.24
87
IH 96 Hatfield Road
EA
12
$121.49
$1457.88
Total
$118,342.81