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R2020-095 2020-06-22RESOLUTION NO. R2020-95 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for street and sidewalk maintenance with Greenscapes Six, LLC, in the estimated amount if $450,000.00, for the period of June 15, 2020 through June 14, 2021. 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 contingency of future allocation of funds. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of street and sidewalk maintenance. PASSED, APPROVED and ADOPTED this the 22nd day of June, A.D., 2020. TOM REID MAYOR ATTEST: CRYSTAL ROAN, R MC CITY SECRETARY APPROVED AS TO FORM: 0' 6yz-� DARRIN M. COKER CITY ATTORNEY Resolution No. R2020-95 Exhibit A Bid # 0318-30 Title Annual Sidewalk and Street Maintenance Contract Line Items Greenscaoes Six. LLC Line Description UOM ESTIMATED 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 CAI Excavate & Export Dirt Material CY 101 $14.00 CA1 Plate Compact Sub rade 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 CITY OF PEARLAND PUBLIC WORKS DEPARTMENT 3501 E. Orange St. Pearland, Texas 77581 General Services Contract Amendment For Streets and Sidewalk Maintenance Services Date of Issuance: 6/15/2020 Amendment No: 1 Contractor: Greenscapes Six, LLC PO#: 2020-00001615 Explanation for Amendment: This Amendment encompasses the following: Additional funding and addition of line item price for construction of 10 ft. sidewalks for Independence Park ($39.00/Ln. Ft.). Pricing is comparable to that which was used when original bid #0318-30 was awarded. Description of Work 1. Additional funding and amendment to bid specs Please attach back-up documentation Cost & Time Change Summary: Original Contract: Previous Amendment(s): Net increase (decrease) from this Amendment: Revised Contract: Cost Time $ 49, 500.00 0 Days Cost Time $ 450, 000.000 365 Days $0 $ 49, 500.00 $ 499,500.00 Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: -�-L - 3.5.2021 Purchasin�gOffic r� / Signer by. Date: ?Atrc'& 20 1- City Manager Assistant City Manager Director Superintendent/Manager Date i % 4.4,......--cs-'- *Contract Signature Authority: 0 Days 0 Days 365 Days Title: NG (tat 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+ GSA Amendment 1 of 2 4/2019 ** Contractor agrees to perform change(s) included in this Contract Amendment for the price, scope and/or time indicated. The pnces for changes include all costs associated with this Contract Amendment. No work shall be performed until this Amendment is executed and a changed purchase order has been issued by the City. Upon execution by all parties, the changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract, and all other provisions of the original contract shall remain in full force and effect. GSA Amendment 2 of 2 4/2019 A 0%lk City of Pearland 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 III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Greenscapes Six 7020 FM 3180 Baytown, TX 77523 Description of Services: Contractor will provide streets and sidewalk maintenance services, for the City of Pearland, as needed, per the specifications of Bid #0318-30, R2020-95. Contract Type: Unit Price Contract, Estimated Amount of $450,000. Effective Date: June 15, 2020 Termination Date: June 14, 2021 Renewal: No renewal options available II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: D'i "lly sign by bhn Mccarter John Mccarter°"` '°"nM"'""o`i"a Pea �a�d, o�-Fl�a��e. 7-6-2020 og mail-jmc<arter@P<a e5� asoo2A D0 c=US w�e� za�o ozoe Assistant Finance Director Date 99.,IWA WMM Ws - . . _A/---C`ity Manager, Assistant City Manager Director SuperintendenUManager CONTRACTOR: X14 Title: Date: `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 - S50,000+ Page 1"f. 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 fumish 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 parry 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 parry 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. 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 contractors 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. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing streets and sidewalk maintenance services for the City of Pearland, as needed, per the specifications of Bid #0318-30. Pricing is as follows per contractor's response to the same, as listed below: Bid 8 0318-30 Title Annual Sidewalk and Street Maintenance Contract Line Items Greenscaoes Six. LLC Line Description UOM ESTIMATED QTY UNIT PRICE 1 Saw Cut Concrete (Full Depth) Linear Foot 140 S18.00 2 Sidewalk Removal and Re lacemert - 4 -Inch thickness. 4 -Foot Vdidth Linear Foot 28000 $17.25 3 Sidewalk Removal and Re !acemert - 4 -Inch Thickness, 5 -Foot Width Linear Foot 350 $23.00 4 Sidewalk Removal and Replacement - 4 -Inch Thickness. 6 -Foot Width Linea, Foot 350 $24.00 5 New Sidewalk Placement - 4 -inch thickness. 4 -fool 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 wAth Square Yard 200 557.01 9 Street Removal & Replacement - 8 -inch thickness, varying width Square Yard 2001 5127.50 10 Wheel Char. Ramp Replacement: 4 -inch thickness EA 28 $750.00 11 Manhole Adiust r (Repair EA 28 $467.50 12 Tree Root Barrier Linear Foot 1400 510.00 13 Curb Removal and Replacement Linear Fool 280 $23.00 14 lValve Boxes. Meter Boxes. and Electrical Boxes Ad ustinq'Repau EA 14 5305.45 15 Inlet Ad ustin /Repair Each 14 5324.28 16 Extra 5.000 PSI Reinforced Concrete. Where Required. Complete m place. CY 14 $330.55 17 Payment For Bands and Insurance EA 1 $3.785.00 CAI Pre are Install Traffic Control SF 5440 $1.25 CA1 Excavate & Experl Dirt Material CY 101 $14.00 CA1 Plate Compact Su rade SF 5.439 $0.25 CA1 I Install in Stabilized Sand & Compact CY 110 S80.00 CA3 lHigh Early Concre'.e SY 918.25 S5.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 OFFICE USE ONLY Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3. 5, and 6 if there are no interested parties. 1 Name of business entity filing form. and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 4 City, State, Country Nature of Interest (check applicable) Name of Interested Party (place of business) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT _ _ I swear. or affirm, under penalty of perjury, that the above disclosure is true and correct. J0DIE NiCADAMS Notary Public. State of Texas r: 10-10 2021 ''''• Qa Comm. Expires Signature of au orized agent of contracting business entity ..�+, Coco : Notary ID 11614862 AFF Sworn to and subscribed before me, by the said�.� this the �_� day of _ 20 ✓0 _ , to certify which, witness my hand and seal of office. S64ature of officer admi istering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Adopted 10/5/2015 Chapter 46. Disclosure of Interested Parties (effective December 24, 2015) Text of Adopted Rule The adopted new language is indicated by underlined text. Chapter 46. DISCLOSURE OF INTERESTED PARTIES §46.1. Application (a) This chapter applies to section 2252.908 of the Government Code. (b) Section 2-252.908 of the Government Code applies only to a contract of a governmental entity or state agency entered into after December 31 2015 that meets either of the following conditions: (1) The contract requires an action or vote by the governing body of the entity or agency; or (2) The value of the contract is at least $1 million_ (c) A contract does not require an action or vote by the governing body of a governmental entity or state agency if: (1) The governing body has legal authority to delegate to its staff the authority to execute the contract' (2) The governing body has delegated to its staff the authority to execute the contract and (3) The governing body does not participate in the selection of the business entity with which the contract is entered into. §46.3. Definitions (a) "Contract' includes an amended, extended or renewed contract. (b)"Business entity' includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (c)"Controlling interest" means: (1) an ownership interest or participating interest in a business entity by virtue of units percentage shares stock or otherwise that exceeds 10 percent: (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members: or (3) service as an officer of a business entity that has four or fewer officers or service as one of the four officers most highly compensated by a business entity that has more than four officers. (d)"Interested party" means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts: or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary adviser, or attorney for the business entity. (e)"Intermediary " for purposes of this rule means a person who actively participates in the facilitation of the contract or negotiating the contract including a broker, adviser, attorney, or representative of or agent for the business entity who: 1) receives compensation from the business entity for the person's participation, (2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and (3) is not an employee of the business entity. §46.5. Disclosure of Interested Parties Form (a) A disclosure of interested parties form required by section 2252.908 of the Government Code must be filed on an electronic form prescribed by the commission that contains the following: (1) The name of the business entity filing the form and the city, state and country of the business entity's place of business: (2) The name of the governmental entity or state agency that is a party to the contract for which the form is being filed: (3) The name of each interested party and the city, state, and country of the place of business of each interested party: (4) The identification number used by the governmental entity or state agency to track or identify the contract for which the form is being filed and a short description of the goods or services used by the governmental entity or state agency provided under the contract: and (5) An indication of whether each interested party has a controlling interest in the business entity, is an intermediary in the contract for which the disclosure is being filed, or both. (b) The certification of filing and the completed disclosure of interested parties form generated by the commission's electronic filing application must be printed, signed by an authorized agent of the contracting business entity, and submitted to the governmental entity or state agency that is the party to the contract for which the form is being filed (c) A governmental entity or state agency that receives a completed disclosure of interested parties form and certification of filing shall notify the commission, in an electronic format prescribed by the commission of the receipt of those documents not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. (d) The commission shall make each disclosure of interested parties form filed with the commission under section 2252.908(f) of the Government Code available to the public on the commission's Internet website not later than the seventh business day after the date the commission receives the notice required under subsection (c) of this section.