R2019-116 2019-05-13 RESOLUTION NO. R2019-116
A Resolution of the City Council of the City of Pearland,Texas, renewing a unit
cost bid for street and sidewalk maintenance with Greenscapes Six, LLC, in
the estimated amount of $150,000.00 for Fiscal Year 2019, the estimated
amount of $300,000.00 for Fiscal Year 2020, for the period of May 31, 2019
through May 30, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a unit supply bid for street and sidewalk
maintenance.
Section 2. That the City Council hereby renews a bid with Greenscapes Six, LLC, in the
unit supply amounts reflected in Exhibit "A" attached hereto, and subject to the allocation of
additional funds for Fiscal Year 2020.
Section 3. The City Manager or his designee is hereby authorized to execute a
contingent contract for the purchase of street and sidewalk maintenance.
PASSED, APPROVED and ADOPTED this the 13th day of May, A.D., 2019.
TOM REID
MAYOR
ATTEST:
Y NG Le' 1G, �;
•
YSE1ETARY ' •
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Bid# 0318-30
Title Annual Sidewalk and Street Maintenance Contract
Line Items Greenscapes Six, LLC
ESTIMATED
Line Description UOM QTY UNIT PRICE
1 Saw Cut Concrete (Full Depth) Linear Foot 140 $18.00
2 Sidewalk Removal and Replacement-4-Inch thickness, 4-Foot Width Linear Foot 28000 $17.25
3 Sidewalk Removal and Replacement-4-Inch Thickness, 5-Foot Width Linear Foot 350 $23.00
4 Sidewalk Removal and Replacement-4-Inch Thickness, 6-Foot Width Linear Foot 350 $24.00
5 New Sidewalk Placement-4-inch thickness,4-foot width Linear Foot 4200 $17.35
6 New Sidewalk Placement-4-inch thickness, 5-foot width Linear Foot 350 $23.00
7 New Sidewalk Placement-4-inch thickness, 6-foot width Linear Foot 350 $24.00
8 Driveway Removal &Placement-6-inch thickness, varying width Square Yard 200 $57.01
9 Street Removal&Replacement-8-inch thickness, varying width Square Yard 200 $127.50
10 Wheel Chair Ramp Replacement:4-inch thickness EA 28 $750.00
11 Manhole Adjusting/Repair EA 28 $467.50
12 Tree Root Barrier Linear Foot 1400 $10.00
13 Curb Removal and Replacement Linear Foot 280 $23.00
14 Valve Boxes, Meter Boxes, and Electrical Boxes Adjusting/Repair EA 14 $305.45
15 Inlet Adjusting/Repair Each 14 $324.28
16 . Extra 5,000 PSI Reinforced Concrete,Where Required. Complete in place. CY 14 $330.55
17 Payment For Bonds and Insurance EA 1 $3,785.00
CA1 Prepare Install Traffic Control SF 5440 $1.25
CA1 Excavate& Export Dirt Material CY 101 $14.00
CA1 Plate Compact Subgrade SF 5.439 $0.25
CA1 Install 6 in Stabilized Sand &Compact CY 110 $80.00
CA3 High Early Concrete SY 918.25 $5.00
Resolution No.
ri,
City of Pearland R2019-116
- , }k el/ 3519 Liberty Drive
Pearland, TX 77581
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I 1 S , 1
f, a�, 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: Greenscapes Six LLC
3727 Autumn Lane
Baytown, TX 77521
Description of Services: Contractor will provide Street and Sidewalk Maintenance, for the
City of Pearland, as needed, per the specifications of Bid#0318-30,
City Council Resolution R2019-116.
Contract Type: Unit Price Contract, Estimated Amount of$450,000.
Effective Date: May 31, 2019
Termination Date: May 30, 2020
Renewal: One renewal option remaining upon the mutual agreement of both
parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITYO/ ' • 'LAND: CONTRACTOR:
•get/Purch sing Manager Date Title: /47(/14-6(avc- g4-1,--77v,>-)L.
Date: . /zy ,/,y�
/te:
��*Si ned — -
City anager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority: Superintendent/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+
Page 1 of 4
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 far 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
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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
breath 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 Any provision contained in the Contractor's Additional Contract Documents
that conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1. The contractor's response to Bid#0318-30, 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.
Page 3 of 4
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing Street and Sidewalk Maintenance, for the
City of Pearland, as needed, per the specifications of Bid#0318-30, City Council Resolution R2019-
116. Pricing is as follows per contractor's response to the same, as listed below:
Line Description UOM EST.QTY UNIT PRICE
1 Saw Cut Concrete(Full Depth) Linear 140 $18.00
Foot
2 Sidewalk Removal and Replacement-4-Inch thickness,4- Linear 28000 $17.25
Foot Width Foot
3 Sidewalk Removal and Replacement-4-Inch Thickness, 5- Linear 350 $23.00
Foot Width Foot
4 Sidewalk Removal and Replacement-4-Inch Thickness,6- Linear 350 $24.00
Foot Width Foot
5 New Sidewalk Placement-4-inch thickness,4-foot width Linear 4200 $17.35
Foot
6 New Sidewalk Placement-4-inch thickness, 5-foot width Linear 350 $23.00
Foot
7 New Sidewalk Placement-4-inch thickness,6-foot width Linear 350 $24.00
Foot
8 Driveway Removal& Placement-6-inch thickness,varying Square 200 $57.01
width Yard
9 Street Removal &Replacement-8-inch thickness,varying Square 200 $127.50
width Yard
10 Wheel Chair Ramp Replacement:4-inch thickness EA 28 $750.00
11 Manhole Adjusting/Repair EA 28 $467.50
12 Tree Root Barrier Linear 1400 $10.00
Foot
13 Curb Removal and Replacement Linear 280 $23.00
Foot
14 Valve Boxes,Meter Boxes, and Electrical Boxes EA 14 $305.45
Adjusting/Repair
15 Inlet Adjusting/Repair Each 14 $324.28
16 Extra 5,000 PSI Reinforced Concrete,Where Required. CY 14 $330.55
Complete in place.
17 Payment For Bonds and Insurance EA 1 $3,785.00
CA1 Prepare Install Traffic Control SF 5440 $1.25
CA1 Excavate& Export Dirt Material CY 101 $14.00
CA1 Plate Compact Subgrade SF 5.439 $0.25
CA1 Install 6 in Stabilized Sand &Compact CY 110 $80.00
CA3 High Early Concrete (l n c0-c-I-r NI-4-0 1_1 ' of SY 918.25 $5.00
a-s re 7(;P-ect
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