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R2002-0142 09-09-02 RESOLUTION NO. R2002-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR MOWING SERVICES ASSOCIATED WITH THE FEMA BUY-OUT PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for mowing serVices associated with the FEMA Buy-Out Program, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Cornerstone Maintenance in the amount of $77,074.25. Section 3. The City Manager or his designee is hereby authorized to execute a contract for mowing serVices associated with the FEMA Buy-Out Program. PASSED, APPROVED and ADOPTED this the 9 dayof September , A.D., 2002. ATTEST: Y~NsG LO~F-4N ECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM R-"~' MAYOR Exhibit "A" R2002-142 CITY OF PEARLAND STANDARD SERVICES CONTRACT This Agreement is made between the City of Pearland, Texas (hereinafter the "City"), and Cornerstone Maintenance, Inc. (hereinafter "Consultant") as follOws: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Consultant: Description of Services: Maximum Contract Amount: Contract Begins: Contract Ends: Attachments: Cornerstone Maintenance, Inc. Mowing of 89 FEMA lots $77,074.25, plus $35 per lot for call-out mowing Upon Execution 12 months after execution Bid documents 2. Services and Payment. The Consultant will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services shall be due and payable upon submission of a statement of services to the City. Statements for services shall not be submitted more frequently than monthly. 3. Term and Termination. This Contract term will begin upon execution by both parties. Either party may terminate this Contract at any time provided that the terminating party gives 60 days' advance notice to the other party via certified mail to that party's last known address. The City shall pay the Consultant for all services rendered to the date of termination. 4. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising from or caused by any act or omission of Consultant, its officers, employees, agents, or subcontractors, in performing its obligations under this Contract. 5. Assignment. Consultant shall not assign this Contract without the prior written consent of the City. 6. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Consultant's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 7. Insurance. A. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Consultant, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $500,000 for injury or death of any one person, $500,000 for each occurrence, and $500,000 for property damage. B. The Consultant shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County~ Texas. 9. Entire Aqreement. This Contract represents the entire agreement between the City and the Consultant 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. 10. Dispute resolution procedures. The Consultant and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 2 EXECUTED and EFFECTIVE this the ~ day of ATTEST: ' ~")~ ~,.~"r' ,2002. CITY OF PEARLAND By: City Manager APPROVED AS TO FORM: Darrin M. Coker City Attorney CORNERSTONE MAINTENANCE, INC.. 3 STATE OF TEXAS § COUNTY OF ~-~ ~ro~'~'c:x. § ..-, BEFOR,E ME, the undersigned Notary Public, on this day personally appeared ,.~ (.,~ ?e), F,.,'r k./.c,~.ck , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ ~4r ~',',.U~.. , A.D., 2002. I~' /-/DAY OF N~UBLIC~N ,~ND I=OI~E~HE STATE OF TEXAS Printed Name:..~c.~ ~ My Commission Expires: ~- cD / - STATE OF TEXAS § COUNTY OF '~/'~-- -~o ,-',,'~._ ~ BEFORE ME, the undersigned Notary Public, on this day personally appeared ~,/// ~-~,,~,..,.,. , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. c~/~GIVEN UNDER MY HAND AND /,¢,,, Z¢ ~ , A.D., 2002. PERLA N. LEHMAN Notary Public, State of ~ex~, My Commission Expir~: APRIL 2, 2005 SEAL OF OFFICE THIS ¢'¢O¢ DAY OF STATE OF TEXAS Printed Name: ~~ ~-/~- ~,,~,~---~....~ My Commission Expires: ./~.,'~,~/,.2~,.r-'" 4 City of Pearland Purchasing Department 3519 Liberty Drive, Suite 201, Pearland, Texas 77581-5416 Tel: 281/652-1668 Fax: 281/652-1738 BID INVITATION COVER SHEET TO: RFPB No: Commodity/Service: Closing Time: Opening Time: Pre -bid Meeting Bid Opening Location: For Information Contact: Technical Information 2002-063 Contract Mowing — Residential (FEMA) Lots 3:00 o'clock P.M., August 27, 2002 3:00 o'clock P.M., August 27, 2002 None City Hall, 3519 Liberty Drive, Pearland, Texas 77581 Gordon Island, Purchasing Officer, 281/652-1668 Greg Moore, Park Superintendent, 281.652.1673 This invitation includes the following documents: [ (1) To be returned with bid] (1) 1. Bid Invitation Cover Sheet (1) 2. Bid Sheet, 3. Specifications (1) 4. Supply Contract Provisions 5. Instruction to Bidders 6. Standard Purchase Terms and Conditions TO BE COMPLETED BY BIDDER The undersigned agrees, if this bid offer is accepted within 3 0 calendar days (90 days unless different period is inserted) after date of opening, to fully comply in strict accordance with the invitation, bid, specifications and provisions attached thereto for the amounts shown on the accompanying bid sheet(s). Firm: Corner s tone Maintenance, Inc. Signature of Person Authorized to Sign Bid: Signor's Name and Title J. Corey Kirkland, President (Print or type). Date: 8/ 2 3/ 0 2 Telephone: 2 81- 6 4 8- 9 7 31 (1) Fax: 281 —648-9738 Page 1 of 1 CITY OF PEARLAND Purchasing Department Bid Sheet Bid Invitation No: 2002-063 I Commodity/Service: Contract Mowing — Residential (FEMA) Lots BIDDER: Cornerstone Maintenance, Inc. AUTHORIZED SIGNATURE' ' /Pe • DATE: 8/ 2 3/ 0 2 1. Refer to "Instruction To Bidders' before completing Bid Sheet. 2. Price, quote your best price F.O.B. Destination, on each item. This is a lump sum or separated bid per Texas Tax Code 151.309 or 151.310 3. Delivery Date; promised delivery time in calendar days after receipt of order is to be noted below OR DA 1h if indicated 4. In submitting this bid, I certify' a. Items bid are in exact accordance with specification, unless noted m bid b. That prices in this bid have been arrived at independently, without consultation or agreement with any competitor for the purpose of restricting competition. 5. Payment Terms: Standard payment terms are Net 30 days after receipt of order or invoice, whichever is latter. 6. Early Payment Discounts Vendor may offer a % early payment discount if payment is made in fifteen (15) days. 7. Addendum(s) Received:(check) 0 No. 1; 0 No. 2; 0 No. 3 Item No. Description Or Specification Item Description Estimated Quantity Frequency Price Delivery Time 1.0 Contract Mowing — Residential (FEMA) Lots in accordance with specifications and bid documents. Mowing per frequency for Basic Services. Major Tree Pruning per frequency per Basic Services Mowing per lot for ` call out" Mowing Note: If lots are added or deleted from contract, the average cost per lot (frequency Price divided 89) will be used to adjust frequency Price total Required Documentation: Bidders will submit with bid as necessary the following: 1. Bid Bond: none required for this bid 2. Copy of bidders contractors liability Insurance. Upon award insurance will be submitted listing the City of Pearland as additionally insured Will be required of all subcontractors 3. Bid and Performance Bond: None required for this bid 89 lots 89 lots 1 lot $75,494.25 $1,580.00 $35.00 As stated on page 10 of specification 1 of 1 pages CITY OF PEARLAND PURCHASING DEPARTMENT SUPPLY CONTRACT PROVISIONS 1 QUANTITIES: Bidder agrees to furnish all requirements of the City of Pearland during the contract period. Quantity(s) listed are estimates only, based on historical and/or known information. Actual quantity(s) ordered will be determined by need and the availability of funds. 2. 1hRM OF CONTRACT: Contract will be from the date of acceptance of offer for a period of (12) twelve months. Contract may be extended for 2 additional twelve-month periods at the City's option. 3. PRICING 'PERMS: Contractor will deliver all required quantities at the bid price for the contract period however. The Contractor will notify and offer the City decreases available to the Contractor for the initial contract period and extension period. The City will entertain price increases for pass through cost increases only as posted by a Manufacturer or unknown expense not under the control of the Contractor. 4. Bidder agrees to offer additional equipment, materials or services offered by the Contractor not specifically listed in the specifications at the same markup. The City reserves the right to accept or reject price adjustments. 5. ., s��' CHASES TO OTHER GOVERNMENTAL AGENCIES. Bidder agrees to furnish materials, equipment and or services listed in the invitation to bid to those governmental agencies that participate in the City of Pearland Inter -local Cooperative Agreement program. Under this program, local government agencies may participate in City of Pearland contracts by Piggy Backing, Including their requirements with the City of Pearland, or Contract with the City of Pearland to purchase their commodities and/or services for them. Under Piggy backing and joint programs, the participating governmental agency will be responsible for ordering, acceptance and inspection and payment directly to the vendor. 5.2 All terms and conditions of the Bid Invitation will apply. Warranty, service, repairs and returns will be the responsibility of the participating governmental agency and vendor respectively. 5.3 The City of Pearland makes no claim of responsibility to the bidder for actions of cooperative partners. Firm: Cornerstone Maintenance, In ,Date: 8/23/02 Authorized Signature (agent): ACORD CERTIFICATE OF LIABILITY INSURANCgai 2 DATE (MM/DD/YY) 02/26/02 PRODUCER S ullivan Insurance Agency,Inc. P .O Box 9 rland TX 77588-0009 ,ne:281-485-2781 Fax:281-485-0943 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Cornerstone Maintenance, Inc. P.O. Box 2484 Friendswood TX 77546 INSURER A: Ohio Casualty Ins. Co. INSURER B: W est American Ins. Co. (OHIO) INSURER C• S ervice Lloyds Insurance Co. INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X CLAIMS MADE X OCCUR B GEN'L AGGREGATE LIMIT APPLIES PER: PPOLICY JECT X LOC AUT X X X OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BHO 52232718 02/13/02 02/13/03 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $1,000,000 PRODUCTS • COMP/OP AGG $1,000,000 WAM 52232718 02/13/02 02/13/03 COMBINED SINGLE LIMIT (Ea accident) $ 500,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG C EXCESS LIABILITY OCCUR iDEDUCTIBLE RETENTION $ CLAIMS MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY SRT 10008-02 02/13/02 02/13/03 EACH OCCURRENCE AGGREGATE X WI SIAIU- TORY LIMITS UIH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ 500,000 500,000 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Friendswood Named as Additional Insured as Respects General Liability Where Required by Written Contract. CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYF-1 City of Friendswood Attn: City Secretay 910 South Friendswood Drive Friendswood TX 77546 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOP DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTXSIXM74 .XiffitL)SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7/97) 1 ORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCRNE-2 DATE (MM/DD/YY) 02/26/02 PRODUCER Sullivan Insurance Agency, Inc. P.O Box 9 rland TX 77588-0009 ,ne:281-485-2781 Fax:281-485-0943 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Cornerstone Maintenance, Inc. P.O. Box 2484 Friendswood TX 77546 INSURER A: Ohio Casualty Ins. Co. INSURER B: West American Ins. Co. (OHIO) INSURER C: Service Lloyds Insurance Co. INSURER D: INSURER E: v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RESPECT TO TO WHICH ALL THE TERMS, THIS CERTIFICATE EXCLUSIONS AND CONDITIONS OF SUCH I R LTR TYPE OF INSURANCEPOLICYAT MM/DDT )EPDE(D}N POLICY LIMITS EACH OCCURRENCE $ 1, 0 0 0, 0 0 0 GENERAL LIABILITY FIRE DAMAGE fire) $ 100,000 A X COMMERCIAL GENERAL LIABILITY BHO 52232718 02/13/02 0 2/1 3 / 0 3 (Any one ICLAIMS MADE I X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1 , 000,000 POLICY PRO PRO- JECT X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 B X ANY AUTO WAM 52232718 02/13/02 02/13/03 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESS LIABILITY OCCUR I CLAIMS MADE AGGREGATE S $ DEDUCTIBLE $ RETENTION $ $ TORYILIMITS OI H- WORKERS COMPENSATION X l ER .AND C EMPLOYERS' LIABILITY SRT 10008-02 02/13/02 02/13/03 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L, DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION City Liability OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS of Friendswood Where Required Named as Additional by Written ADDED BY Contract. ENDORSEMENT/SPECIAL Insured PROVISIONS as Respects General CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYF -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL THE EXPIRATIOI 10 DAYS WRITTEN City of Friendswood S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTXX XXX*10 )& SHALL Attn: 910 City ecretay South Friendswood Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 77546 REPRESENTATIVES. Friendswood I TX ACORD 25-S (7/97) ,ORATION 1988 STATEMENT OF EQUIPMENT TO BE USED The following information is unconditionally required of all bidders as called for in the Specifications. Proposed Contractor: Cornerstone Maintenance, Inc. Person in Charge: J. Corey Kirkland Phone No. 281 -648-9731 List of Equipment: 3 - John Deere M665 60" ZTR Mowers 1 - Dixie Chopper 72" ZTR mower 2 - John Deere HD45 4a" walk behind mowers 1 - John Deere 790 tractor with 6' mower 1 - John Deere HD45 36" walk behind mower 1 - Bobcat 36" walk behind mower 4 - Sthil FS80 weedeaters 1 - Stihl FS12.0 wPsad.Pat.Pr 1 - Echo SRM260 weedeater 1 - Shindawa.T260 wPPdPai-Pr 1 - Shindawa T270 weedeater 2 - Stihl Stick edgers 1 - Shindawa stick edger 1 - Shindawa chainsaw 1 - Stihl Pole chainsaw 2 - Stihl BR50 Blowers 2 - Echo PB620 Blowers 2_- John Deere BR40 Blowers 2 - Ford F350 Trucks 1 - Chevy C3500 4WD Truck 1 - Chevy C2500 Truck 2 - 16' trailers 2 - 20' trailers REFERENCES Minimum of three (3) references MUST be provided of clients you have provided a comparable scope of services within the last two (2) years. Name. Jon Branson Phone Number 281-996-1290 Project(s): Landscape maintenance of the City of Fri esdswnnris properties. Irrigation installation, fertilization, landscaping, chemical . applications. Scope of Work Maintenance of all medians, parks, public buildings for the City. Name. Paul Virgadamo Project(s): Cnnroe Fire simat.iian#�4 Phone Number c13 L — 1172. 5- Vat Scope of Work: Installation of irrgation, landscaping and sod. Nance: Kathy Dooley Phone Number 281-480-2563 Project(s): Pinehollow and Briarglen subdivisions Scope of Work: Landcsape maintenance, tractor mowing, irrigation repairs. CITY OF PEARLAND WORKERS' COMPENSATION CERTIFICATION I J. Corey Kirkland as representative of Cornerstone Maintenance, Inc. (Authorized representative (company name) Do hereby certify that said company provides workers' compensation insurance coverage for all its employees performing work on this project for the City of Pearland. Signature 8/23/02 Date 1- N a 0 p U BID TABULATION 0 0 M 0)) U O N CO O 0c a 03 U Oa 0 N 0 0 Ch N O C C Q 0 _ M E co W Basic Tree Pruning Service includes pruning & removal of debris 0 O O 0 LC) O O L() N y 4 co W o i N O T r o 4- a) N cL I— Contract Mowing Basic Services: includes mowing, edging, blowing & trimming, removal of trash, litter & debris from turf areas o 4) N co O co o o i I---• 0 M 0) a) -c 1.32 co G ttco O 0• as E it) >, �O U C LC) t--- LA Cr) Q) 0 0 N Cr) co to O or rts3 O 48 o C LC) 0 O co Go N O V O N v o cr Q ,k Bidder/Item Description Cornerstone Maintenance, League City, TX Billy D. Cooper, Inc, Houston TX 0 O) CO I I c 0) c C 2 a 0 2 1- c c 0) O C 0 0 0 a. a) '0 0)C Cr 2 0) 2 L.. a a) a) 1- Y C(Q C W