R2019-187 2019-08-12 RESOLUTION NO. R2019-187
A Resolution of the City Council of the City of Pearland, Texas, renewing a
unit supply contract for tree trimming and maintenance services with
Yellowstone Landscape, in the estimated amount of $150,000.00, for the
period of August 31, 2019 through August 30, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded unit supply bids for tree trimming and
maintenance services.
Section 2. That the City Council hereby renews a bid with Yellowstone Landscape,
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
contract for tree trimming and maintenance services.
PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019.
V . /' - TOM REID
MAYOR
ATTEST:
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MARIA RODRIGUEZ
INTERIM CITY SECRETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Bid# 0618-46
Title Tree Trimming Services
Line Items Yellowstone Landscape Rufus Tree Inc. Advanced Landscape
Line Description UOM QTY Unit Extended Unit Extended Unit Extended
1 Maintenance pruning of trees 6-11"dbh EA 7700 $25.00 $192,500.00 $50.00 $385,000.00 $45.00 $346,500.00
2 Maintenance pruning of trees 12-17"dbh EA 3800 $70.00 $266,000.00 $60.00 $228,000.00 $75.00 $285,000.00
3 Maintenance pruning of trees 18-23"dbh EA 3800 $75.00 $285,000.00 $75.00 $285,000.00 $135.00 $513,000.00
4 Maintenance pruning of trees 24-35"dbh,crown less than 40'across EA _ 350 $95.00 $33,250.00 $90.00 $31,500.00 $340.00 $119,000.00
Maintenance pruning of trees 24-35"dbh,crown greater than 40'
5 across EA 25 $95.00 $2,375.00 $100.00 $2,500.00 $425.00 $10,625.00
6 Maintenance pruning of trees 36-48"dbh,crown less than 40'across EA 350 $135.00 $47,250.00 $120.00 $42,000.00 $500.00 $175,000.00
Maintenance pruning of trees 36-48"dbh,crown greater than 40'
7 across EA 25 $205.00 $5,125.00 $120.00 $3,000.00 $650.00 $16,250.00
8 Maintenance pruning of trees 49-60"dbh,crown less than 40'across EA 350 $145.00 $50,750.00 $120.00 $42,000.00 $650.00 $227,500.00
Maintenance pruning of trees 49-60"dbh,crown greater than 40'
9 across EA 10 $275.00 $2,750.00 $130.00 $1,300.00 $875.00 $8,750.00
Maintenance pruning of trees greater than 60"dbh,crown less than
10 40'across EA 350 $145.00 $50,750.00 $130.00 $45,500.00 $875.00 $306,250.00
Maintenance pruning of trees greater than 60"dbh,crown greater
11 than 40'across EA 4 $325.00 $1,300.00 $130.00 $520.00 $1,000.00 $4,000.00
12 Removal of trees 6-11"dbh EA 10 $105.00 $1,050.00 $75.00 $750.00 $100.00 $1,000.00
13 Removal of trees 12-17"dbh EA 20 $275.00 $5,500.00 $117.50 $2,350.00 $250.00 $5,000.00
14 Removal of trees 18-23"dbh EA 40 $425.00 $17,000.00 $192.50 $7,700.00 $500.00 $20,000.00
15 Removal of trees 24-35"dbh,crown less than 40'across EA 50 $800.00 $40,000.00 $321.25 $16,062.50 $875.00 $43,750.00
16 Removal of trees 24-35"dbh, crown greater than 40'across EA 20 $900.00 $18,000.00 $331.25 $6,625.00 $925.00 $18,500.00
17 Removal of trees 36-48"dbh, crown less than 40'across EA 20 $900.00 $18,000.00 $478.00 $9,560.00 $925.00 $18,500.00
18 Removal of trees 36-48"dbh,crown greater than 40'across EA 1 $1,200.00 $1,200.00 $488.00 $488.00 $1,000.00 $1,000.00
19 Removal of trees 49-60"dbh, crown less than 40'across EA 5 $1,200.00 $6,000.00 $580.00 $2,900.00 $1,350.00 $6,750.00
20 Removal of trees 49-60"dbh, crown greater than 40'across EA 1 $1,200.00 $1,200.00 $590.00 $590.00 $1,450.00 $1,450.00
21 Removal of trees greater than 60"dbh,crown less than 40'across EA 1 $1,200.00 $1,200.00 $590.00 $590.00 $1,950.00 $1,950.00
Removal of trees greater than 60"dbh,crown greater than 40'
22 across EA 1 $1,200.00 $1,200.00 $590.00 $590.00 $2,350.00 $2,350.00
23 Stump grinding/removal of trees 6-11"dbh,to 12"depth EA 5 $35.00 $175.00 $40.00 $200.00 $35.00 $175.00
24 Stump grinding/removal of trees 6-11"dbh,to 24"depth EA 1 $35.00 $35.00 $40.00 $40.00 $55.00 $55.00
25 Stump grinding/removal of trees 12-17"dbh,to 12"depth EA 15 $40.00 $600.00 $60.00 $900.00 $50.00 $750.00
26 Stump grinding/removal of trees 12-17"dbh,to 24"depth EA 5 $50.00 $250.00 $60.00 $300.00 $75.00 $375.00
27 Stump grinding/removal of trees 18-23"dbh,to 12"depth EA 30 $50.00 $1,500.00 $77.50 $2,325.00 $100.00 $3,000.00
28 Stump grinding/removal of trees 18-23"dbh,to 24"depth EA 10 $65.00 $650.00 $77.50 $775.00 $150.00 $1,500.00
29 Stump grinding/removal of trees 24-35"dbh,to 12"depth EA 50 $50.00 $2,500.00 $127.50 $6,375.00 $150.00 $7,500.00
30 Stump grinding/removal of trees 24-35"dbh,to 24"depth EA 10 $75.00 $750.00 $127.50 $1,275.00 $175.00 $1,750.00
31 Stump grinding/removal of trees 36-48"dbh,to 12"depth EA 15 $100.00 $1,500.00 $196.00 $2,940.00 $175.00 $2,625.00
32 Stump grinding/removal of trees 36-48"dbh,to 24"depth EA 5 $150.00 $750.00 $196.00 $980.00 $250.00 $1,250.00
33 Stump grinding/removal of trees 49-60"dbh,to 12"depth EA 5 $175.00 $875.00 $205.00 $1,025.00 $275.00 $1,375.00
34 Stump grinding/removal of trees 49-60"dbh,to 24"depth EA 1 $225.00 $225.00 $205.00 $205.00 $400.00 $400.00
35 Stump grinding/removal of trees greater than 60"dbh,to 12"depth EA 1 $225.00 $225.00 $210.00 $210.00 $350.00 $350.00
36 Stump grinding/removal of trees greater than 60"dbh,to 24"depth EA 1 $225.00 $225.00 $210.00 $210.00 $500.00 $500.00
Total $1,057,660.00 $1,132,285.50 $2,153,730.00
Resolution No.
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R2019-187
Cott' of Peardald
PIPET Y NDI
E`I . ; 3519 Liberty Drive
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
Ill. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
L Summary of Contract Terms.
Contractor: Yellowstone Landscape -
9570 S.Sam Houston Pkwy W
Houston, TX 77071
Description of Services: Contractor will provide Tree Trimming and Maintenance Services for the
City of Pearland, as needed, per the specifications of bid#0618-46; City
Council Resolution#R2019-187:
Contract Type: Unit Price Contract, Not to Exceed $150,000.
Effective Date: 8/31//2019 •
Termination Date: . 8/30/2020
Renewal: One renewal option available, upon the mutual agreement of both parties.
II.Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF 7 •j'RLAND: CONTRA TO -
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Bus• r�.urei ent Manager Date Title: ,,r-; t ,m � /ngoa,,
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Date: b/ /i4
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*Sig ed by: ID-te: ,--
/ City Ma-ager
/ 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 isnot
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 curethe 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 byeither 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, toss, 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 partyfor. 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 Contractis 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 0618-46 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 shall consist of the contractor providing Tree Trimming and Maintenance Services for the
City of Pearland, as needed, per the specifications of bid#0618-46; City Council Resolution#R2019-187.
Pricing is as follows per contractor's response to the same, as listed below:
•
. Yellowstone •
Line Items Landscape
Line Description Unit Price
1 Maintenance pruning of trees 6-11"dbh $25.00
2 Maintenance pruning of trees 12-17"dbh $70.00
3 Maintenance pruning of trees 18-23"dbh $75.00
• 4 Maintenance pruning of trees 24-35"dbh, crown less than 40'across $95.00
5 Maintenance pruning of trees 24-35"dbh, crown greater than 40'across $95.00
6 Maintenance pruning of trees 36-48"dbh, crown less than 40'across $135.00
7 . Maintenance pruning of trees 36-48"dbh, crown greater than 40'across $205.00
8 Maintenance pruning of trees 49-60"dbh, crown less than 40'across $145.00
9 Maintenance pruning of trees 49-60"dbh, crown greater than 40'across $275.00
10 Maintenance pruning of trees greater than 60"dbh, crown less than 40'across $145.00
11 Maintenance pruning of trees greater than 60"dbh, crown greater than 40'across $325.00
12 Removal of trees 6-11"dbh $105.00
13 Removal of trees 12-17"dbh $275.00
14 Removal of trees 18-23"dbh $425.00
15 Removal of trees 24-35" dbh, crown less than 40' across $800.00
16 Removal of trees 24-35"dbh, crown greater than 40' across $900.00
17 Removal of trees 36-48"dbh, crown less than 40'across $900.00
18 Removal of trees 36-48"dbh, crown greater than 40'across $1,200.00
19 Removal of trees 49-60"dbh, crown less than 40' across $1,200.00
20 Removal of trees 49-60"dbh, brown greater than 40'across $1,200.00
21 Removal of trees greater than 60"dbh, crown less than 40'across $1,200.00
22 Removal of trees greater than 60"dbh, crown greater than 40'across $1,200.00.
23 Stump grinding/removal of trees 6-11"dbh; to 12"depth $35.00
24 Stump grinding/removal of trees 6-11"dbh, to 24"depth $35.00
• 25 Stump grinding/removal of trees 12-17"dbh, to 12"depth $40.00
26 Stump.grinding/removal of trees 12-17"dbh, to 24"depth $50.00
27 Stump grinding/removal of trees 18-23"dbh, to 12"depth . $50.00
28 Stump grinding/removal of trees 18-23"dbh, to 24"depth $65.00
29 Stump grinding/removal of trees 24-35"dbh, to 12"depth $50.00
30 Stump grinding/removal of trees 24-35"dbh, to 24"depth $75.00-
•
31 Stump grinding/removal of trees 36-48"dbh, to 12"depth $100.00
32 Stump grinding/removal of trees 36-48"dbh, to 24"depth $150.00
33 Stump grinding/removal of trees 49-60"dbh, to 12"depth $175.00
34 Stump grinding/removal of trees 49-60"dbh, to 24"depth $225.00
35 Stump grinding/removal of trees greater than 60"dbh, to 12"depth $225.00
36 Stump grinding/removal of trees greater than 60"dbh, to 24"depth $225.00
•
3