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HomeMy WebLinkAboutR2017-127 2017-06-26RESOLUTION NO. R2017-127 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for open ditch and bridge mowing services to Special Touch Landscaping, in the estimated amount of, $66,063.20 for the period of July 1, 2017 through June 30, 2018. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City obtained proposals for open ditch and bridge mowing services, and such proposals have been reviewed. Section 2. That the City Council hereby awards a unit supply contract to Special Touch Landscaping, in the unit price amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for open ditch and bridge mowing services. PASSED, APPROVED and ADOPTED this the 26th day of June, A.D., 2017. TOM REID MAYOR ATTEST: YNG FING, T Y SE ETARY APPROVED AS TO FORM: DARRIN M. 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Q) a) o m d o 0 U 2 U Mowing Locations for Open Ditch and Bridge Grounds Maintenance Contract (0217-17) Location ID Location acreage IH -97 Longwood @ Mary's Creek Bridge 0.25 IH -98 Wood Creek Drive @ Mary's Creek 0.09 IH -99 Longherridge @ Mary's Creek Bridge 0.2 IH - 100 Country Club Drive @ Clear Creek Bridge 0.21 IH - 101 Providence Village Drive @ Mary's Creek 0.26 IH - 102 John Lizer @ Mary's Creek 0.35 IH - 103 Robinson Drive @ Hickory Slough Bridge 0.12 IH - 104 Old Alvin Road @ Hickory Slough Bridge 0.15 IH - 105 Old Alvin Road @ Town Ditch Bridge 0.38 IH - 106 Old Alvin Road @ Mary's Creek 0.21 IH - 107 Mykawa Road @ Clear Creek Bridge 0.11 IH - 108 Hwy 35 @ Mary's Creek Bridge 0.18 IH - 109 Hwy 35 @ Cowart's Creek 0.56 IH - 110 Hwy 35 @ Hastings Field Bridge 0.24 IH - 111 Hwy 35 @ CR 128 Bridge 0.2 IH - 112 Veterans Drive @ Mary's Creek Bridge 0.27 IH - 113 Hwy 35 @ Hickory Slough 0.47 IH - 114 Hwy 35 @ Town Ditch 0.26 IH - 115 Hwy 35 at No Name Road (Prancer) 0.1 IH - 116 Rockland Drive @ Corrigan Ditch 0.07 IH - 117 Hatfield Road @ Corrigan Bypass Ditch 0.21 IH - 118 Harkey Road @ Mary's Creek Bridge 0.14 IH - 119 Manvel Road @ Mary's Creek Bridge 0.55 IH - 120 Max Road @ Hickory Slough bridge 0.36 IH - 121 Roy @ Hickory Slough 0.19 IH - 122 Garden @ Hickory Slough 0.31 IH - 123 O'Day @ Hickory Slough 0.22 IH - 124 Hatfield Road @ Hickory Slough 0.27 IH - 125 Miller Ranch @ Hickory Slough 0.16 IH - 126 Country Place Parkway @ Southdown Ditch 0.11 IH - 127 Kingsley @ Clear Creek 0.16 IH - 128 Hwy 35 @ Clear Creek Bridge 0.5 IH - 129 Kingsley @ American Canal 0.41 IH - 130 Kingsley @ Mustang Bayou 0.39 IH - 131 Forest Park Ln @ Town Ditch 0.13 IH - 132 Shauntel @ Mary's Creek 0.22 IH - 133 Max Rd 0.08 IH - 134 Roy Rd 1.36 IH - 135 Garden Rd 0.34 IH - 136 Oday Rd 0.18 IH - 137 Liberty Dr 0.69 IH - 138 Old Alvin 1.88 IH - 139 Orange St 0.06 IH - 140 Mykawa Rd 2.46 IH - 141 Hatfield Rd 0.39 IH - 142 Hughes Ranch Rd 0.71 Mowing Locations for Open Ditch and Bridge Grounds Maintenance Contract(0217-17) IH-143 Smith Ranch Rd 0.1 IH-144 Walnut St 0.11 IH - 146 Main St 3.86 IH - 148 Cullen Pkwy 0.11 IH - 149 Fite Rd 0.36 IH- 150 Woody Rd 0.65 IH- 151 Harkey Rd 2.22 IH- 152 Manvel Rd 1.17 IH - 153 Veterans Dr 1.88 IH- 154 Hughes Ranch Rd 0.21 IH- 155 Hooper Rd 0.5 IH-156 Riley Rd 0.45 IH- 157 Broadway St 1.18 IH- 158 Kingsley Clear Creek North 0.19 IH- 159 Brookside Rd 0.04 IH - 160 CR 48 3.38 IH- 161 Wells Road @ Massey Ranch Road Bridge 0.08 IH- 162 Cherry Pie- Broadway @ Cherry 0.17 IH- 163 Mykawa @ Cherry 0.21 IH - 164 Fire Station on 2234 3.47 IH - 165 Future Fire station on Old Alvin 2.82 IH - 166 Future Retention site on Old Alvin @ Walnut 2.94 IH - 167 Glastonbury 50' buffer 0.82 Total acreage 44.08 Notes: - Location ID IH - 145 and 147 were intentionally not included on the location list. - Boundry maps for each location can be viewed on the City's website at http:// pearland.maps.arcgis.com/apps/Viewer/index.html?appid=498b3 f2095104992ba 10e 1 f 14fd 1 bce 1 —�� Open Ditch Right of Way Mowing Policy Purpose The purpose of this policy is to govern the provision of municipal mowing services along privately owned portions of open ditch right-of-way (R.O.W.) and to outline standards in which qualifying areas receive those services. This policy is in exception to Ordinance 633-4 and inclusive of all qualifying open ditch R.O.W.'s not currently included within the City's maintained inventory. Qualifying Criteria In order for a privately owned piece of property to be eligible for municipal maintenance services the property must be residential or undeveloped property a portion of that property must meet all three of the following criteria and not fall within Brazoria Drainage District #4's right-of-way maintenance program. • Major Collector and above roadway classification—Per the City of Pearland's Thoroughfare Plan, a road must be identified as a Major Collector, Secondary Thoroughfare or Major Thoroughfare to qualify, and; • Depth of four feet or greater—As measured from the top of roadside slope, a ditch must be a minimum of four feet deep to qualify, and; • Slope greater than or equal to 3:1 —When calculating the gradient from the top of roadside slope to the flow line of the ditch,the slope must be greater than or equal to 3:1. OR the gradient from the back of the right of way slope to the flow line of the ditch must be greater than or equal to 3:1. The following illustration is used to identify the measurement points and qualifying criteria. I a, as 23 Slope 4'peep 4:1 Slope 4 Parameters If a portion of private property meets the qualifying criteria required to receive municipal maintenance services, those services will be provided based on the following parameters. 1. A property that meets the criteria with 50% or more of the frontage meeting the all three of the criteria will receive municipal maintenance services to the entire frontage. 2. A property that meets the criteria but less than 50% of the frontage meets all three of the requirements shall only receive municipal maintenance services to the qualifying locations. Provision of Services Eligible locations will receive municipal maintenance services if their property meets 11 all qualifying criteria. Although these services are initiated by the City, a landowner may opt-out of or into the program at any point by the following: • Opt-out - A landowner may opt out of the program if they prefer to maintain their property to a higher standard themselves. A request to opt-out of the program must be submitted in writing to the City of Pearland's Public Works Department. A minimum of thirty (30) days from receipt of the written notification will be granted to the City for review the request, communication with appropriate maintenance provider and ceasing of services. • Opt—in — A qualifying landowner may opt-into the program at any point, following a written request to the City of Pearland's Public Works Department. A minimum of thirty (30) days from receipt of written notification will be granted to the City for review of the request, evaluation of the criteria and scheduling prior to the first maintenance visit. In the event a request is found to be ineligible for the provision of municipal services, a formal written response will be submitted to the requesting landowner within the 30 day response window. Rough Cut Service Level Grounds maintenance services will be provided at a minimum of 12 times a year and in accordance with the approved service schedule. Exempt properties The Brazoria Drainage District #4 (BDD4) has identified the following roadways and limits as those they commit to provide maintenance services to. Due to the provision of services by BDD4, qualifying properties within the following limits are exempt from this policy and the receipt of municipal services. Brazoria Drainage District #4 will remain the provider of maintenance services within the following limits. • Stone Road—Westside of road only from C.R. 403 to Clear Creek. • Max Road—Westside of road only from Lakeside Estates to Brookside • Roy Road—Westside of road only from Hickory Slough to Brookside • Garden Road — Westside of road only from FM 518 to Hickory Slough • O'Day Road— Westside of road only from FM 518 to Bui Drive Enforcement of Ordinance Properties that do not meet the criteria set forth in this policy and are not included in the BDD#4 maintained areas, must comply with Ordinance 633-4. o‘ • ,, Resolution No. R2017-127 • Exhibit "A" City of Pearland , , 3519 Liberty Drive Fs T. 04)). 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 II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Special Touch Landscaping 5090 Richmond Ave#496 Houston, TX 77056 Description of Services: Firm-fixed price contract for Open Ditch and Bridge Grounds Maintenance Mowing at sixty-nine locations throughout the City per the specifications of City of Pearland bid#0217-17, and resolution #R2017-127. Effective Date: July 10, 2017 Termination Date: July 09, 2018 Renewal: Two renewal options are available. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND COC NTRCTOR: / S�s 643t.-)1 t7 �.1 Pure sing Officer Date Title: O ez+ cs'S frf OA" ,e4(z-- Date: 1?,4 I 14 *Si ed b : Date: ?Min ✓ Cit Manager Assistant 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+ ill. 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 #0217-17 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. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing Open Ditch and Bridge Grounds Maintenance Mowing at sixty-nine locations throughout the City per the specifications of City of Pearland bid#0217- 17. The work is summarized to include all materials,supervision, labor, equipment,transportation and all services required and incidental to the following: • Turf and native grass maintenance including mowing,edging and trimming of maintained areas; • Pruning and trimming of trees, shrubs, groundcover, and vines (when a sightline issue is observed and needs to be corrected); • Debris removal; • Reporting of services performed. Pricing and Location list are as follows: Special Touch Specification Responses Landscaping Line Description UOM QTY Unit Extended 1 IH-97 Longwood @ Mary's Creek Bridge Monthly 12 $30.15 $361.80 2 IH-98 Wood Creek Drive @ Mary's Creek Monthly 12 $30.15 $361`.80: 3 IH -99 Longherridge @ Mary's Creek Bridge Monthly 12 $40.20 $482.40, 4 IH - 100 Country Club Drive @ Clear Creek Bridge Monthly 12 $40 20 .$48.2.40;; 5 IH- 101 Providence Village Drive @ Mary's Creek Monthly 12 $30.15 tgaiffr 6 IH- 102 John Lizer @ Mary's Creek Monthly 12 $40.20 ;. $482;40' 7 IH - 103 Robinson Drive @ Hickory Slough Bridge Monthly 12 $30.15 $36180;; 8 IH -104 Old Alvin Road @ Hickory Slough Bridge Monthly 12 $30.15 9 IH - 105 Old Alvin Road @ Town Ditch Bridge Monthly 12 $120.60 :`$1,447.20: 10 IH- 106 Old Alvin Road @ Mary's Creek Monthly 12 $40.20 $482.40; 11 IH -107 Mykawa Road @ Clear Creek Bridge Monthly 12 $30.15 $361.80,': 12 IH - 108 Hwy 35 @ Mary's Creek Bridge Monthly 12 $60.30 $723.60 13 IH -109 Hwy 35 @ Cowart's Creek Monthly 12 $100.50 -$1,206.00 14 IH -110 Hwy 35 @ Hastings Field Bridge Monthly 12 $100.50 $1,206.00: 15 IH 111 Hwy 35 @ CR128 Bridge Monthly 12 $100.50 .;$1,206.00 16 IH- 112 Veterans Drive @ Mary's Creek Bridge Monthly 12 $100.50 $1,206.00 17 IH- 113 Hwy 35 @ Hickory Slough Monthly 12 $70.35 $844.20 18 IH - 114 Hwy 35 @ Town Ditch Monthly 12 $30.15 $361.80.- 19 IH - 115 Hwy 35 @ No Name Road(Prancer) Monthly 12 $20.10 $241;20`; 20 IH - 116 Rockland Drive @ Corrigan Ditch Monthly 12 $30.15 $361.80 21 IH - 117 Hatfield Road @ Corrigan Bypass Ditch Monthly 12 $40.20 $482.40 22 1H- 118 Harkey Road @ Mary's Creek Bridge Monthly 12 $36.18 ``_.$434.16 23 1H - 119 Manvel Road @ Mary's Creek Bridge Monthly 12 $90.45 .$1,085.40: 24 IH- 120 Max Road @ Hickory Slough bridge Monthly 12 $40.20 $482.40. 25 IH- 121 Roy @ Hickory Slough Monthly 12 $40.20 2, .$462.40 26 IH- 122 Garden @ Hickory Slough Monthly 12 $50.25 $603.00 27 IH- 123 O'Day @ Hickory Slough Monthly 12 $40.20 . ..$482.40;' 28 IH- 124 Hatfield Road @ Hickory Slough Monthly 12 $44.22 :; $530.64' 29 IH- 125 Miller Ranch @ Hickory Slough Monthly 12 $30.15 $361.80 - 126 Country Place Parkway @ Southdown 30 Ditch Monthly 12 $30.15 $361.80 31 IH- 127 Kingsley @ Clear Creek Monthly 12 $40.20 $482.40 IH- 128 Hwy 35 @ Clear Creek Bridge Monthly 12 $20.10 $241.20.': 33 IH- 129 Kingsley @ American Canal Monthly 12 $90.45 ;$1,085.40`: 34 IH- 130 Kingsley @ Mustang Bayou Monthly 12 $72.36 $868.32; 35 IH- 131 Forest Park Ln @ Town Ditch Monthly 12 $70.35 $844.20 IH- 132 Shauntel @ Mary's Creek Monthly 12 $90.45 :$1,085.40 37 IH-133 Max Rd Monthly 12 $40.20 $482.40 38 IH -134 Roy Rd Monthly 12 $241.20 $2,894.40 39 IH- 135 Garden Rd Monthly 12 $40.20 $482.40' 40 IH- 136 O'day Rd Monthly 12 $20.10 $241.20.: 41 IH- 137 Liberty Dr Monthly 12 $60.30 $723.60 42 IH - 138 Old Alvin Monthly 12 $180.90 $2,170.80 IH - 139 Orange St Monthly 12 $30.15 $361.80:: 44 IN- 140 Mykawa Rd Monthly 12 $241.20 .$2,89440:°) 45 IH- 141 Hatfield Rd Monthly 12 $60.30 .$723.60 46 IH- 142 Hughes Ranch Rd - Monthly 12 $90.45 $1,085.40'. 47 IH - 143 Smith Ranch Rd Monthly 12 $30.15 $361.80... 48 IH -144 Walnut St Monthly 12 $20.10 $24120>, 49 IH- 146 Main St Monthly 12 $361.80 :`$4,341.60 50 (H- 148 Cullen Pkwy Monthly 12 $40.20 $482.40" 51 IH- 149 Fite Rd Monthly 12 $30.15 $361.80 IH- 150 Woody Rd Monthly 12 $70.35 $844.20- 53 IH- 151 Harkey Rd Monthly 12 $221.10 $2,653.20 54 IH- 152 Manvel Rd Monthly 12 $140.70 $1,688.40 55 IH - 153 Veterans Dr Monthly 12 $120.60 $1,447.20 56 IN- 154 Hughes Ranch Rd Monthly 12 $30.15 $361.80 57 IH- 155 Hooper Rd Monthly 12 $40.20 $482.40 58 IH- 156 Riley Rd Monthly 12 $50.25 $603.00 59 IH-157 Broadway St Monthly 12 $120.60 $1,447.20 60 IH- 158 Kingsley Clear Creek North Monthly 12 $36.18 $434.16;: 61 IH- 159 Brookside Rd Monthly 12 $20.10 ;:.:$241.20' 62 IH- 160 CR 48 Monthly 12 $361.80 ;$4 3411.6.0:` 63 IH- 161 Wells Road @ Massey Ranch Road Bridge Monthly 12 $20.10 :$2.41.20 64 IH- 162 Cherry Pie-Broadway @ Cherry Monthly , 12 $40.20 -.21:1:448I.40. :::i 65 IH- 163 Mykawa @ Cherry Monthly 12 $30.15 '°`'' 5 1$0 66 11-1 - 164 Fire Station on 2234 Monthly 12 $42.21 $5 52 67 IH - 165 Future Fire Station on Old Alvin Monthly 12 $301.50 `,$361800.;' IH - 166 Future Retention Site on Old Alvin @ 68 Walnut Monthly 12 $361.80 $4,341.60 69 IH- 167 Glastonbury 50'buffer Monthly 12 $100.50 $1,206.00:' Per "` 70 Rough Cut Mowing Acre 1 $45.00 .;-�, , $450.0: Slop Mowing -4'deep as measured from top of slop Per . 71 with a slop of 3:1 or greater. _ Acre 1 $50.00 .''..$50.00.';