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R2018-112 2018-06-25 RESOLUTION NO. R2018-112 A Resolution of the City Council of the City of Pearland,Texas, renewing a unit supply contract for open ditch and bridge mowing services with Special Touch Landscaping, in an amount not to exceed $66,065.00,for the period of July 10, 2018 through July 9, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded a bid for open ditch and bridge mowing services. Section 2. That the City Council hereby renews a unit supply contract with 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 25th day of June, A.D., 2018. ,___.,_„______,A,„ 4.1 TOM REID MAYOR ATTEST: ``"'III,,,,'/ 1, `mss" NG/L4:14-1FNC7) .-:.)...i A Is= Y `1 ' RETARY APPROVED AS TO FORM: 614— DA RRIN M. COKER CITY ATTORNEY RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE EXHIBIT A -0 City of Pearland ,Q4, e9 p 3519 Liberty Drive iuitmotkdB Pearland, Texas 77581 Tel:000.000.0000 Ear T t X 77.am earlandtx. ov P g est. S ' May 16, 2018 Special Touch Landscaping Attn. Paige Palmer 5090 Richmond Ave #496 Houston, TX 77056 Dear Paige: Please be advised that the City of Pearland proposes to exercise its first of two renewal options on the current contract for Open Ditch and Bridge Grounds Maintenance Mowing, per the specifications of City of Pearland bid 0217-17. The terms and conditions set forth in bid specs allow for two (2) one-year renewal periods, if both parties are in agreement with renewing. The pricing details of the agreement 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 $482.40 5 IH - 101 Providence Village Drive @ Mary's Creek Monthly 12 $30.15 $361.80 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 $361.80 8 IH - 104 Old Alvin Road @ Hickory Slough Bridge Monthly 12 $30.15 $361.80 9 IH - 105 Old Alvin Road @ Town Ditch Bridge Monthly 12 $120.60 $1,447.20 Page 1 of 4 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 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 @ Marys 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 IH - 118 Harkey Road @ Mary's Creek Bridge Monthly 12 $36.18 $434.16 23 IH - 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 $482.40 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 IH - 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 32 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 Page 2 of 4 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 35 IH - 131 Forest Park Ln @ Town Ditch Monthly 12 $70.35 $844.20 36 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 H - 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 43 IH - 139 Orange St Monthly 12 $30.15 $361.80 44 IH - 140 Mykawa Rd Monthly 12 $241.20 $2,894.40 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 $241.20 49 IH - 146 Main St Monthly 12 $361.80 $4,341.60 50 IH - 148 Cullen Pkwy Monthly 12 $40.20 $482.40 51 IH - 149 Fite Rd Monthly 12 $30.15 $361.80 52 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 IH - 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 Page 3 of 4 RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE 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 $4,341.60 IH - 161 Wells Road @ Massey Ranch Road 63 Bridge Monthly 12 $20.10 $241.20 64 IH - 162 Cherry Pie - Broadway @ Cherry Monthly 12 $40.20 $482.40 65 IH - 163 Mykawa @ Cherry Monthly 12 $30.15 $361.80 66 IH - 164 Fire Station on 2234 Monthly 12 $42.21 $506.52 67 IH - 165 Future Fire Station on Old Alvin Monthly 12 $301.50 $3,618.00 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 $45.00 Slop Mowing -4' deep as measured from top of Per 71 slop with a slop of 3:1 or greater. Acre 1 $50.00 $50.00 If you find the above stated terms satisfactory, please sign and date this letter and return a scanned copy via email to jblackmorepearlandtx.qov. The renewal option will begin on July 10, 2018 and expire on July 9, 2019. Please note that upon your acceptance, this renewal will be subject to City Council approval—subsequent to Council approval, this office will issue a formal contract renewal advising you of the renewal status. If you need any further information, please contact the Purchasing Division at (281) 652-1790. Sincerely, Julie Blackmore!-- City lackmore!--City of Pearland Buyer 1-1 ACCEPTE : � DATE: ' 7 t Special ToU'ch Landscaping Page 4 of 4 EXHIBIT B Exhibit B Maintenance Schedule (0217-17) Open Ditch and Bridge Grounds Maintenance Contract Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Mowing,edging and blowing properties 1 1 1 1 1 1 1 1 1 1 1 1 Mowing and edging Class B areas Trash removal from properties 1 1 1 1 1 1 1 1 1 1 1 1 Fertilize Turf-Class A areas Fertilize Turf-Class B areas Summer Fertilize Turf-Class A areas Broadleaf herbicide application Monthly irrigation inspection _ Quarterly irrigation inspection Prune shrubs and trim groundcovers Complete weeding of planting/shrub beds _ Pre-emergent weed control Dead heading of annuals/perennials Prune/thin of ground cover Fertilize planting/shrub beds Cultivate planting/shrub beds Changeout seasonal color Mulching of planting/shrub beds _ Weed control in hardscape 1 1 1 1 1 1 1 1 1 1 1 1 Fire ant spot treatment Removal of sucker growth from trees Annual tree pruning Cultivate tree rings and tree areas Mulching of tree rings and tree areas PAIN City of Pearland 3519 Liberty Drive `sr. �` 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 #R2018-112. Contract Amount: Not to Exceed $66,065 Effective Date: July 10, 2018 Termination Date: July 09, 2019 Renewal: One renewal option is available. H. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OFf EARLAN I CONTRACTOR: te / .r `7-/0 /� - � 1 01,4, /, sc0,� B •.et/Pr cur= anager Date Title: t.t',1.41(irs !M 614.101. Date: -i-L i -i y 9 *S''• ed.by: Date . /jam City 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. 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 pecification Responses Landscaping EST. Line Description UOM QTY Unit Extended 1 IH-97 Longwood @ Mary's Creek Bridge Monthly 12 $30.15 `'''$63 8 2 IH -98 Wood Creek Drive @ Marys Creek Monthly 12 $30.15 $3180„ 3 IH -99 Longherridge @ Mary's Creek Bridge Monthly 12 $40.20 $4824Q 4 IH-100 Country Club Drive @ Clear Creek Bridge Monthly 12 $40.20 $482.40: 5 IH- 101 Providence Village Drive @ Marys Creek Monthly 12 $30,15 $361,80 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 $361:80; 8 IH- 104 Old Alvin Road @ Hickory Slough Bridge Monthly 12 $30.15 $36310: 9 IH-105 Old Alvin Road a_Town Ditch Bridge Monthly 12 $120.60 $1,44710' 10 IH-106 Old Alvin Road @ Mary's Creek Monthly 12 $40.20 $482.40'' 11 IN-107 Mykawa Road @ Clear Creek Bridge Monthly 12 $30.15 $361.80::; 12 _ IH-108 Hwy 35 @ Mary's Creek Brid.ge 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 $1,20610` 16 IH-112 Veterans Drive @ Marys Creek Bridge Monthly 12 $100.50 $1,2061 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 lH -115 Hwy 35© No Name Road(Prancer) Monthly 12 $20.10 $241.26-f 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 IH -118 Harkey Road @ Mary's Creek Bridge Monthly 12 $36.18$434.16^ 23 IH- 119 Manvel Road @ Marys Creek Bridge Monthly 12 $90.45 ''$1,085.40 24 IH-120 Max Road @ Hickory Slough bridge Monthly 12 $40.20 $4.82.40 25 IH-121 Roy @ Hickory Slough Monthly 12 $40.20 $4$2:40 26 IH-122 Garden @ Hickory Slough Monthly 12 $50.25 $603.00 27 IN- 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 IH-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 32 IN- 128 Hwy 35 @ Clear Creek Bridge Monthly 12 $20.10 $24'!_20' 33 IH- 129 Kingsley @ American Canal Monthly 12 $90.45 $1,085.40 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 contractors 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. 34 IH -130 Kingsley @ Mustang Bayou _ Monthly 12 $72.36 $86832_-' 35 IH - 131 Forest Park Ln @ Town Ditch Monthly 12 $70.35 $844.20 36 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°4O 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 43 1H-139 Orange St Monthly 12 $30.15 $361.80 44 IH- 140 Mykawa Rd Monthly 12 $241.20 $2,894.40 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 $241.20 49 IH- 146 Main St Monthly , 12 $361.80 $4,341.60;' 50 IH-148 Cullen Pkwy Monthly 12 $40.20 $482.40; 51 IH- 149 Fite Rd _ Monthly 12 $30.15 $361.80 52 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 IH- 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 lH-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 $4,341.60 63 IH -161 Wells Road @ Massey Ranch Road Bridge Monthly 12 $20.10 $241.20 64 IH- 162 Cherry Pie-Broadway @ Cherry Monthly 12 $40.20 $482.40 65 IH-163 Mykawa @ Cherry Monthly 12 $30.15 $361.80 66 IH- 164 Fire Station on 2234 Monthly 12 $42.21 $506.52 67IH 165 Future Fire Station on Old Alvin T Monthly 12 $301.50 $3,618.00 _ 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 $45:00 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