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R2002-0012 01-14-02 RESOLUTION NO. R2002-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR LANDSCAPING ASSOCIATED WITH THE MCHARD ROAD OVERPASS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for landscaping associated with the McHard Road Overpass, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Blue Ridge Services, Inc. in the amount of $108,000.00 Section 3. The City Manager or his designee is hereby authorized to execute a contract for landscaping associated with the McHard Road Overpass. PASSED, APPROVED and ADOPTED this the 14 dayof aanuar'¥ , A.D., 2002. APPROVED AS TO FORM: DARRIN M. C~-' CITY ATTORNEY TOM REID MAYOR Exhibit R2002-'12 CITY OF PEARLAND STANDARD SERVICES CONTRACT This Agreement is made between the City of Pearland, Texas (hereinafter the "City"), and Blue Ridge Services, 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: Blue Ridge Services, Inc. McHard Bridge Improvements $108,100.00 Upon Execution Upon Termination Project Manual for McHard Bridge Improvements 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. Conflicts. In the event of a conflict between the attachment and this contract, the language in the attachment shall govern, but only to the extent of such conflict. 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 Agreement. 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. EXECUTED and EFFECTIVE this the /~ day of ATTEST: CITY OF PEARLAND By: Bil Ei~sen~~ City Manager APPROVED AS TO FORM: Darrin M. Coker City Attorney BLUE RIDGE SERVICES, INC., CONSULTANT STATE OF TEXAS § COUNTY OF r~or, e.._ § BEFORE ME, the undersigned Notary Public, on this day personally appeared """'~t/ ~-¢~3 ~,,.--- ., 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. //GI, c..,~VEN UNDER MY HAND AND SEAL OF OFFICE THIS /7 DAY OF ,,,M , A.D., 3eo1':. ,2oo2,, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires'//~// STATE OF TEXAS § COUNTY OF · § ~{, BEFOBE, M.E~.,~the undersigned Notary Public, on this day personally appeared ,i(~ li~'~,,[[ I~'-'r , known to me to be the person whose name is subscribed to the f(~re~oing ir~strument 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 ) ~'"-DAY OF W~_ .,~(;~,~'~ ,'07~--,A.D., 2001. '~i,~~ ~? MY COMMISSION EXPIRE~ "~[;,, ~,,¢,;, July 19, 2005 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: 3 City of Pearland BID TABULATION 13-Dec-01 RFP No.: 2002-011, McHard Bridge Improvements Base Item 4 Addendum Bid Bidder Bid add Alternate Received Bond Blue Ridge Services, Friendswood, TX 98,500 * 9,600 0 CC check The Lawn Stylist, Housom, TX 87,230 * *96,350 0 bond Gulf Coast Landscape Services, Houston, TX 108,227 55,300 0 bond * indicates spade dug trees **indicates container grown trees NOTE The bid specifications called for container grown trees. Since Blue Ridge Services bid spade dug trees for the add alternate, The Lawn Stylist was provided with the opportunity to submitt bids for spade dug trees. Following are their prices: GOOD .... $103,210 BETTER--S111,790 BEST .... $119,915 4710 Bellaire Boulevard Suite 390 Bellaire, Texas 77401 Tel 713.838.7965 Fax 713.838.7944 vIvww.tbg-inc.com AUSTIN DALLAS TBG PARTNTERS MEMORANDUM TO: Ed Hersh City of Pearland Parks !epartment FROM: Bill Odle, ASL DATE: January 2, 2002 RE: McHard Bridge Landscaping After reviewing the bids for the McHard Bridge landscape improvements, Blue Ridge Services appear to be the bidder of choice. Blue Ridge Services previous work with the city of Pearland and TBG Partners has been of high quality in workmanship and materials. When reviewing the add alternate 5" caliper shade trees with Blue Ridge Services it appears the quality of trees are very good and of high quality for spade dug trees. It is TBG Partners recommendation that the city of Pearland contract with Blue Ridge Services based on past experiences with the city of Pearland and TBG as well as the quality of materials. Please do not hesitate to call with any questions you may have. HOUSTON i Pm • • • ...--= _ J. DETENTION POND SHRUB MASS (TYP.) ORNAMENTAL TREE (TYP.) SHADE TREE (TYP.) k FUTURE DEVELOPMENT BY OTHERS FUTURE DEVELOPMENT BY OTHERS North Scale: 1 "=30'-0" East Plan View McHARD BRIDGE SCHEMATIC PLANTING DESIGN PEARLAND, TEXAS 9 1 2 y PARTNERS June 18, 2001 it if • • • • • • • • • D� ENpoN Z .444 • SHRUB MASS (TYRJ ORNAMENTAL TREE (TY ) \ \ \:SHADE TR/r • 2222222 " \) } 3/4 tzi • trt \; /� North Scale: 1"=30'-O" West Plan View McHARD BRIDGE SCHEMATIC PLANTING DES[GN PEARLAND,TEXAS TBG PARTNERS June 18,2001