R-2014-071 2014-07-14RESOLUTION NO. R2014-71
A Resolution of the City Council of the City of Pearland, Texas,
renewing a bid for ditch cleaning services with Don Mar Grading, Inc. at
the unit cost of $2.69 per linear foot for cleaning services and $0.31 per
linear foot for preparation of a preliminary survey/drainage plan, for the
period of July 24, 2014 through July 23, 2015.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded unit supply bids for ditch cleaning
services.
Section 2. That the City Council hereby renews the bid with Donmar Grading,
Inc., in the unit price amount reflected in Exhibit "A", attached hereto in.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for ditch cleaning services.
PASSED, APPROVED and ADOPTED this the 14th day of July, A.D., 2014.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
0`011.1 V.. /��
Resolution No. R2014-71
Exhibit "A"
DITCH CLEANING SERVICES
PRICING SCHEDULE
Expiring Contract Price
Renewal Term Price
Vendor
DonMar Grading Inc.
DonMar Grading Inc.
Ditch Cleaning Services in accordance
with specifications, drawings and bid
documents
$2.61/LF
$2.69/LF
Cost to survey and submit plan and
profile of proposed ditches to be
cleaned, per linear foot
$0.30/LF
$0.31/LF
Resolution No. R2014-071
CITY OF PEARLAND
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
111. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Maximum Contract Amount:
Effective Date:
Termination Date:
Renewal:
Donmar Grading Inc.
20668 Bentwood Oaks Dr.
Porter, TX 77365
Contractor will perform ditch cleaning services approved by
Resolution #R2014-71.
Not to exceed $215,492.00 without prior approval of Public Works
Staff
July 24, 2014
July 23, 2015
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF ' LAND*
Si . by: D. e:
City Ma ger
Assistant City Manager
Director
Program Manager
Date:
CONTRACTOR:
Titled A_IriQ 1
*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 - $50,000+
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as described in
Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms
and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of
at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with
the terms of this Contract, but all payments to be made by the City to Contractor, including the time of
payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter
2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract
during its term at any time for the City's own convenience where the Contractor is not in default by giving
written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the
Contractor 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 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, Toss, 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
CONTRACT/Page 2
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, 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:
B. City's Additional Contract Documents:
CONTRACT/Page 3
1. City purchase order.
2. Scope of services as listed herein.
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of ditch cleaning services for the City of Pearland, per the
specifications of Bid #0612-43, approved by City Council Resolution #R2014-71, at the rates listed below:
Ditch Cleaning Services in accordance with specifications, drawings and
bid documents
$2.69 Per Linear Foot
Cost to survey and submit plan and profile of proposed ditches to be
cleaned
$0.31 Per Linear Foot
CONTRACTiPage 4
CONTRACTOR INSURANCE REQUIREMENTS & AGREEMENT
REQUIREMENTS
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 underthe contractor's policy.
All insurance companies and coverages must be authorized by the Texas Department of lnsuranceto 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
Statutory Limits
$100,000 per occurrence
City to be provided a WAIVER OF
SUBROGATION and 30 day notice of
cancellation or material change in
coverage.
2. Commercial General (Public)
Liability 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 - $1,000,000
City to be listed as additional
insured and provided 30 day
notice of cancellation or material
change in coverage.
3. Business Auto Liability to include
coverage for:
a) Owned/Leased vehicles
b) Non -owned vehicles
c) Hired vehicles
Combined Single Limit - $1,000,000
City shall be provided 30 day
notice of cancellation or material
change in coverage.
Certificate of Insurance forms may be faxed to Purchasing Department, attn: Trish Erndt, @ 281-652-1738, phone 281-
652-1790. Questions regarding required insurance should be directed to Bob Pearce, City of Pearland Purchasing Officer,
(281) 652-1668.
This form must be signed and returned with your quotation. You are stating that you do have the required insurance
and if selected to perform work for the City, will provide the certificates of insurance with the above requirementsto the
City. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF 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 Name:
Printed Name:
Signature:
Y 43
CONTRACT/Page 5