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R2023-194 2023-10-23RESOLUTION NO. R2023-194 A Resolution of the City Council of the City of Pearland, Texas, renewing a supply contract for Rough Cut, Open Ditch and Bridge Grounds Maintenance Services with Stronghold Vegetation, in the estimated amount of $267,971.32, for the period of October 24, 2023 through August 8, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for Rough Cut, Open Ditch and Bridge Grounds Maintenance Services were previously obtained by the City. Section 2. That the City Council hereby renews a contract with Stronghold Vegetation, in the estimated amount of $267,971.32. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of Rough Cut, Open Ditch and Bridge Grounds Maintenance Services. PASSED, APPROVED and ADOPTED this the 23rd day of October, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31BB718 City of Pearland 3519 Liberty Drive Pearland, TX 77 581 SERVICE CONTRACT NO. # 0422-10 For Rough Cut THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home­ rule municipal corporation ("City") and Stronghold Vegetation Management ("Contractor"), and consisting of the following parts: I.Summary of Contract Terms II.Signatures Ill. Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II.Signatures CITY OF PEARLAND Purchasing Officer *Signed by: __ Superintendent/Manager __ Director Stronghold Vegetation Management PO Box 553 Rosharon, Texas 77583 Contractor will provide City of Pearland rough cut, open ditch and bridge grounds mowing as needed, in accordance with specifications of Bid/Quote/Coop Contract #0422-10. $267,971.28 October 24, 2023 August 8, 2024 (1) renewal option available R2023-194,#0422-10 Date Date T." Date: ft:/, 18, ZJ __ Deputy/Assistant City Manager __ City Manager *City Contract Signature Authority: Service Contract Standard Form Approved as to Legal Form 6.28.2021 Superintendent/Manager-up to $10,000 Director -$10,001 -$30,000 City Manager/Deputy/Assistant City Manager -$30,001 + City Council Resolution over $50,000 Page 1 of 7 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F 10/25/2023 | 9:05 AM CDT 10/25/2023 | 2:40 PM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III.Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal or Quote No. 0422-10 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for (1) one year(s), with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to (1) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an estimated amount of $267,971.32 subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Francesca Beltran Department: Engineering & Public Works Phone: 281.652.1946 Email: fbeltran@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B)Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6.Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9.Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11.Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Dante Prescod Title: ROW Superintendent Address: 2016 Old Alvin Road, Pearland, TX 77581 Phone: 281.652.1907 IF TO CONTRACTOR: Stronghold Vegetation Management Attn: Jason Knighton Title: President Address: PO Box 553, Rosharon, TX 77583 Phone: 281.369.0321 17.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 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 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. 18.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. 19.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. 20.Termination. (A)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. (B)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 shall provide 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 pursuant 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. 21.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23.Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24.Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 26.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29.Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30.Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV.Special Terms and Conditions. None V.Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. #0422-10 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F ATTACHMENT A – SCOPE OF WORK Scope of services provided shall consist of sidewalk and street maintenance services for the City of Pearland, in accordance with the specifications of Bid/quote/coop contract #0422-10. DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F ATTACHMENT C – INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a)Premises/Operations b)Products/Completed Operations c)Independent Contractors d)Personal Injury e)Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a)Owned/Leased vehicles b)Non-owned vehicles c)Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: Signature and Printed Name: DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Pearland TX 77581 3523 Liberty Drive City of Pearland 1,000,000 1,000,000 1,000,000 05/01/202405/01/2023AF WCP 100046358C 1,000,000 04/11/202404/11/2023648158752 8 B 2,000,000 2,000,000 2,000,000 5,000 100,000 2,000,000 04/11/202404/11/2023WS419054 8 8 A Accident Fund Insurance AllState Northfield Insurance Co/AmWins 77583-0481TXROSHARON PO BOX 553 Stronghold Vegetation Management amy@haganinsurance.com (979) 345-2271 Amy Lozano 77566TXLake Jackson Suite 21 107 West Way Hagan Insurance Agency 8/23/2023 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F ATTACHMENT D – WARRANTY Services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Bid # ITB 0422-10 Title Rough Cut, Open Ditch and Bridge Grounds Maintenance Mowing Contract Line ACRES FRQ QTY Unit price CPI 4.56% Extended Price 1 1.1 0.49 Month 12 31.25$ 375.04$ 1.2 0.3 Month 12 19.13$ 229.61$ 1.3 2.68 Month 12 170.93$ 2,051.22$ 1.4 4.04 Month 12 257.68$ 3,092.13$ 1.5 2.47 Month 12 157.54$ 1,890.49$ 1.6 9.35 Month 12 596.36$ 7,156.30$ 1.7 25.04 Month 12 1,597.09$ 19,165.10$ 1.8 1.19 Month 12 75.90$ 910.80$ 1.9 1.46 Month 12 93.12$ 1,117.45$ 1.10 0.73 Month 12 46.56$ 558.73$ 1.11 0.87 Month 12 55.49$ 665.88$ 1.12 1.41 Month 12 89.93$ 1,079.18$ 1.13 4.09 Month 12 260.87$ 3,130.40$ 1.14 0.62 Month 12 39.54$ 474.54$ 1.15 0.55 Month 12 35.08$ 420.96$ 1.16 2.32 Month 12 147.97$ 1,775.68$ 1.17 1.39 Month 12 88.66$ 1,063.88$ 1.18 1.82 Month 12 116.08$ 1,392.99$ 1.19 17.88 Month 12 1,140.42$ 13,684.98$ 1.20 5.76 Month 12 367.38$ 4,408.58$ 1.21 5.99 Month 12 382.05$ 4,584.62$ 1.22 0.25 Month 12 15.95$ 191.34$ 1.23 5.03 Month 12 320.82$ 3,849.86$ 1.24 0.08 Month 12 10.46$ 125.47$ 1.25 0.25 Month 12 15.95$ 191.34$ 1.26 2.94 Month 12 187.52$ 2,250.21$ 1.27 0.59 Month 12 37.63$ 451.57$ 1.28 0.23 Month 12 14.67$ 176.04$ 1.29 0.41 Month 12 26.15$ 313.81$ 1.30 0.36 Month 12 22.96$ 275.54$ 1.31 6.37 Month 12 406.29$ 4,875.47$ 1.32 0.38 Month 12 24.24$ 290.84$ 1.33 0.02 Month 12 10.46$ 125.47$ 1.35 2.92 Month 12 186.24$ 2,234.91$ 1.36 5.49 Month 12 350.16$ 4,201.93$ 1.37 1.27 Month 12 81.00$ 972.03$ 1.39 0.65 Month 12 41.46$ 497.50$ 1.40 0.23 Month 12 14.67$ 176.04$ 1.41 43.05 Month 12 2,745.80$ 32,949.57$ 1.45 0.53 Month 12 33.80$ 405.65$ 1.47 3.01 Month 12 191.98$ 2,303.79$ 1.48 5.4 Month 12 344.42$ 4,133.05$ 1.49 1.03 Month 12 65.70$ 788.34$ 1.50 0.23 Month 12 14.67$ 176.04$ 1.51 0.36 Month 12 22.96$ 275.54$ 1.52 3.27 Month 12 208.57$ 2,502.79$ 1.53 4.26 Month 12 271.71$ 3,260.52$ 1.54 9.45 Month 12 602.74$ 7,232.83$ 1.55 2.64 Month 12 168.38$ 2,020.60$ 1.56 2.32 Month 12 147.97$ 1,775.68$ 1.57 0.57 Month 12 36.36$ 436.27$ 1.58 2.45 Month 12 156.26$ 1,875.18$ 1.59 0.59 Month 12 37.63$ 451.57$ 1.60 0.13 Month 12 10.46$ 125.47$ 1.61 0.56 Month 12 35.72$ 428.61$ 1.62 0.53 Month 12 33.80$ 405.65$ 1.63 0.27 Month 12 17.22$ 206.65$ 1.64 0.34 Month 12 21.69$ 260.23$ 1.65 0.35 Month 12 22.32$ 267.88$ 1.66 23.25 Month 12 1,482.92$ 17,795.07$ 1.67 0.91 Month 12 58.04$ 696.50$ 1.68 0.57 Month 12 36.36$ 436.27$ 1.69 0.69 Month 12 44.01$ 528.11$ 1.70 3.79 Month 12 241.73$ 2,900.79$ 1.72 8.19 Month 12 522.37$ 6,268.46$ 1.73 0.25 Month 12 15.95$ 191.34$ 1.74 0.09 Month 12 10.46$ 125.47$ 1.75 0.2 Month 12 12.78$ 153.33$ 1.76 0.21 Month 12 13.47$ 161.61$ 1.77 0.26 Month 12 16.60$ 199.25$ 1.78 0.12 Month 12 10.46$ 125.47$ 1.81 6.01 Month 12 383.33$ 4,599.93$ 1.83 1.75 Month 12 111.62$ 1,339.41$ 1.84 0.13 Month 12 10.46$ 125.47$ 1.85 0.16 Month 12 10.46$ 125.47$ 1.86 0.07 Month 12 10.46$ 125.47$ 1.87 1.14 Month 12 72.71$ 872.53$ 1.88 0.38 Month 12 24.24$ 290.84$ 1.89 0.43 Month 12 27.43$ 329.11$ 1.90 0.11 Month 12 10.46$ 125.47$ 1.91 0.35 Month 12 22.32$ 267.88$ 1.92 4.17 Month 12 265.97$ 3,191.63$ 1.93 0.13 Month 12 10.46$ 125.47$ 1.94 0.22 Month 12 14.03$ 168.38$ 1.95 1.55 Month 12 98.86$ 1,186.34$ 1.98 0.71 Month 12 45.28$ 543.42$ 1.99 0.15 Month 12 10.46$ 125.47$ 1.100 0.11 Month 12 10.46$ 125.47$ 1.101 0.28 Month 12 17.86$ 214.31$ 1.105 1.18 Month 12 75.26$ 903.15$ 1.106 0.08 Month 12 10.46$ 125.47$ 1.107 0.17 Month 12 11.50$ 138.02$ 1.109 3.47 Month 12 221.32$ 2,655.87$ 1.110 3 Month 12 191.34$ 2,296.14$ 1.111 2.94 Month 12 187.52$ 2,250.21$ 1.112 50.82 Month 12 3,241.38$ 38,896.57$ 1.113 1.08 Month 12 68.88$ 826.61$ 1.114 0.87 Month 12 55.49$ 665.88$ 1.115 0.46 Month 12 29.34$ 352.07$ 1.116 0.18 Month 12 11.50$ 138.02$ 1.117 0.45 Month 12 75.00$ 900.00$ 1.118 0.11 Month 12 75.00$ 900.00$ 1.119 0.12 Month 12 75.00$ 900.00$ 2 2.1 Sq Ft 1 2.2 Acre 1 2.3 Acre 1 2.4 Acre 1 2.5 Sq Ft 1 320.57 $248,121.60 IH - 456 Harkey IH - 457 Orange @ RailRoad Crossing IH - 458 Garden & Sharon Dr. Total Description IH - 436 Magnolia Road at RR Crossing (EST.): Undeveloped property at near 4181 IH - 437 SOHO treatment plant road (EST): roadside ditch IH - 439 N. Galveston alley: Alley south of duplex at intersection of Park and Plum Extra Services Price per square foot to Hydro Axe Price per acre to mow vacant property Price per acre to slope mow Price per acre for right-of-way mowing. Price per square foot for Restoration of ROW (removing all tree branches from IH - 150 Woody Rd: Intersection of Woody Rd and (future) Mchard Rd south to Hickory IH - 157 Broadway St: Roadside ditch IH - 161 Wells Road @ Massey Ranch Road Bridge: Roadside ditch / bridge deck IH - 162 Cherry Pie - Broadway @ Cherry: Roadside ditch / greenspace median IH - 164 Fire Station on 2234: Vacant undeveloped City property IH - 165 Future Fire station on Old Alvin: Vacant undeveloped City property IH - 166 Future Retention site on Old Alvin @ Walnut: Vacant undeveloped City property IH - 433 Haddock Property (Est.): Vacant undeveloped City Property (future surface water IH - 435 Southeast waterwell pond (EST): retention pond IH - 126 Country Place Parkway @ Southdown Ditch: Bridge deck IH - 127 Kingsley @ Clear Creek: Begin at bridge then continue north to first drive way on IH - 129 Kingsley @ American Canal: Will begin at American Canal Bridge and continue all IH - 131 Forest Park Ln @ Town Ditch: Bridge deck IH - 132 Shauntel @ Mary's Creek: Bridge deck IH - 134 Roy Rd : Roadside ditch IH - 142 Hughes Ranch Rd: Roadside ditch IH - 143 Smith Ranch Rd: Roadside ditch including intersections of Smith Ranch 1 and IH - 148 Cullen Pkwy: Roadside ditch IH - 103 Robinson Drive @ Hickory Slough Bridge: Bridge deck IH - 106 521 @ Shadowcreek Parkway Intersection IH - 110 Hwy 35 @ Hastings Field Bridge: Bridge deck/ Roadside ditch. Begins on south IH - 113 Hwy 35 @ Hickory Slough: Bridge deck IH - 114 Hwy 35 @ Town Ditch: Bridge deck IH - 116 Rockland Drive @ Corrigan Ditch: Bridge deck IH - 119 Manvel Rd @ Marry's Creek Bridge: Beginning at Manvel Rd and CR 528 IH - 124 Hatfield Road @ Hickory Slough: Intersection of Hatfield and McHard on the left IH - 125 Miller Ranch @ Hickory Slough: Bridge deck IH-85 Pearland Parkway Loop: Lot near Pearland Parkway's "Round-a-Bout" IH-86 Bailey Road: Veterans at Bailey to city limit sign IH-88 Garden Road: Garden Rd south all the way to Laurie St IH-95 Mykawa: From Clear Creek to Cherry St IH - 97 Longwood @ Mary's Creek Bridge: Bridge deck IH - 98 Wood Creek Drive @ Mary's Creek: Bridge deck IH - 99 Longherridge @ Mary's Creek Bridge: Bridge deck IH - 100 Country Club Drive @ Clear Creek Bridge: Bridge deck IH - 101 Providence Village Drive @ Mary's Creek: Bridge deck IH-73A Hatfield Trunk Line: Hatfield Road from Mary's Creek to Barricade on Magnolia IH-74 Broadway: Johnston to Ray IH-75 South Pearland Alley: Walnut north to FM 518 IH-76 South San Antonio Alley: Walnut north to FM 518 IH-77 South Washington Alley: Walnut to Pear IH-78 South Texas Alley: Walnut to Pear IH-79 South Sacramento Alley: Walnut to Just north of Pear IH-80 Hastings Cannon Lot: East property line between Land and Trailer Park IH-84 Barry Rose @ Pearland Parkway: Between Creekside Subdivision Fence and IH-61 Lee Lane Extension: Continuation of Lee Road From Dead End to Fence line IH-62 McLean Road: MClean bridge south of Springfield Ave IH-64 Harkey Road: Intersection of Harkey and Fite heading south past Bailey Rd. IH-66 Fite Road: Intersection of Mclean and Fite west to intersection of Fite and Cullen IH-68 Fire Admin Fields: Fields behind Old Police Dept. IH-69 Walnut Road: Intersection of Walnut and Veterans, Continue west past Walnut IH-71 McLean Road: Mclean bridge south of Jolie Dr. all the way to Colonial Dr. IH-72 McLean Road: Silsbee to Apple Springs IH-73 Hatfield Road: Broadway to Fite IH-42 Garden Road Water Tower Field: Field behind Garden Road Water Tower IH-43 Max Road: Beginning just south of Reid Blvd. bridge heading north to Hughes IH-46 Lee Road: Lee Road Connection IH-47 Hill House Road: FM518 to Cemetery Westside Behind Wood Fence IH-48 MUD 5 Pond: Intersection of McHard and Cullen IH-55 Fite Road : Navarro to Dead End IH-58 Bailey Bridge: Area under bridge IH-59 Veterans Road: Starting on Veterans in front of Fire Admin buildiding heading south IH-60 Magnolia Ponds (2): Ponds on Magnolia shoulders IH-30 Orange and Washington Lot: Corner lot at intersection of N Washington and W IH-32 North Pearland Alley: Jasmine North to Orange IH-33 North San Antonio Alley: Jasmine to Plum IH-34 North Washington Alley: Jasmine to Orange IH-35 North Washington Fence Line: Jasmine North to Plum IH-36 McHard Overpass Ponds: Ponds along McHard Phase 1 IH-38 Woody Road: Both corners of Woody Rd @ Orange St intersection then south from IH-39 Hatfield Road: Intersection of Jasper and Hatfield IH-41 O'Day Road: Starting at O'Day and McHard intersection all the way to Gardenia St. IH-20 Country Club Ditch: Antrim north to creek IH-21 Barry Rose Road: Lot on east side of Barry Rose IH-23 Pearland Parkway Pond East: Pond on east side of Pearland Parkway near Clear IH-24 Pearland Parkway Pond West: Pond on west side of Pearland Parkway near Clear IH-25 Twin Creek Ditch and Pond to the east and 50' buffer and Hickory Knoll: Twin creek IH-26 Bishopton Lot: Ditch in front of City lot on Bishopton IH-27 Knapp Road: Intersection of Knapp and Old Alvin Road all the way to Brentwood IH-28 Douglas St @ Beechcraft St: Along the sound wall and the ditch IH-29 Houston Alley: Between Houston and SH35 / Jasmine and Plum IH-7 Hastings Friendswood: East side of Hastings Friendswood Rd. on city property IH-9 John Lizer Road: East side of John Lizer from Pearland pkwy to beginning of bridge IH-11 Library Lot: Lot behind library and fence line IH-12 Library Pond: Library pond IH-14 Independence Trail: Beginning at E Mary's Creek Ln ending just past Mary's Creek IH-15 East Mary's Creek Retention pond: Estimated at 1 pass behind the houses IH-16 McGinnis Road: Dixie Farm to drainage ditch IH-17 Longwood Wastewater Treatment Ditch IH-19 Green Tee Ditch: Moore north to Bogey Way Properties IH-1A Mayor's Alley: Portion of Mayor's alley near apartments IH-1 Old Alvin Road: Bridge Crossing: Bridge crossing at walking trail bridge near IH-2 Main @ 3rd Street: Beginning at 3rd Street heading south to intersection of Dixie IH-3 Industrial West: Industrial Drive on the west side of 35 (Main St.) IH-4 Industrial East: Industrial Drive on the east side of 35 (Main St.) IH-5 Dixie Farm Lot: Southwest side of Pearland pkwy and Dixie Farm Rd. connection IH-6 Friendswood Hastings Lot: Intersection of Friendswood Hastings and Dixie Farm DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 08/22/2023 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. Name of business entity filing form, and the city, state and country of the business entity's place of business. Stronghold Vegetation Management Rosharon , TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland Rough cut mowing services 0422-10 2023-1062984 08/24/2023 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.39e6f620www.ethics.state.tx.usForms provided by Texas Ethics Commission DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F