R-2015-077 2015-05-11RESOLUTION NO. R2015-77
A Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply contract for landscape maintenance services
(medians, right of ways and City facilities) with Maldonado Nursery
Landscaping, Inc., in the estimated amount of $577,130.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids were previously obtained for landscape
maintenance services.
Section 2. That the City Council hereby awards the contract to Maldanado
Nursery Landscaping, Inc., in the estimated amount of $577,130.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for the purchase of landscaping maintenance services.
PASSED, APPROVED and ADOPTED this the 11t" day of May, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
:9 /\
City of Pear and
3519 Liberty Drive
Pearland. TX 77531
Resolution No. R2015-77
Exhibit "A"
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
H. Signatures
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:
Termination Date:
Renewal:
Maldonado Nursery & Landscaping Inc.
16348 Nacogdoches
San Antonio, TX 78247
Landscaping Maintenance of Right of Ways and Medians per the
specifications of City of Pearland bid # 0214-20; Landscaping
Maintenance of City Facilities per the specifications of City of
Pearland bid # 0214-21; City Council Resolution #82015-77.
2015 Renewal Council Approved: $577,130; Amendment #2
$581,678.68 ,678.68.--0164;i21
June 1, 2015.
May 31, 2016.
One option remaining.
it. Signatures. By signing below, the parties agree to the terms -9f this Contract.
CONTRACTOR:
CITY OF PE
Purchasi
iciz e r '
Date Title: ;)i -m.) e2._
Date: 1i - 29 r f
Si by:
.'City /'aer
Assi ..nt City Manacles
Director
Program Manager
`Contract Signature Authority:
Program Manager -$5,999 or less
Director $6,000 to $30,000
City fvianageriAssistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
Standard Contractual Provisions.
P.. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City soiicited 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
terns and conditions specified in this Contact. 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 faits 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 rot 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 vrhich the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract
D. Liability and tndernrn�t . -Any provistori 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 Additionai Contract Document
provided by the City providesotheevise. 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 bya 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 iaw 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 tie 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 tis Contract as an
independent contractor and not as an empioyee of the City. The City has no right to supervise.
direct, or control the Contractor or Contractors 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.
Dispute Resolution Procedures. The Contractor and City desire an expeditious means tc
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 reiating to this Contract, neither party will seek or be
entitled to an award of attomey'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 an the parties.
ltd 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:
1. The contractor's response to Bid #0214-20 shat be construed as additional contract
documents.
2. Executed Contractor insurance Requirements & Agreement (required insurance
certificates] shall be in possession of•City at actual commencement of -work).
3. Contractors Contract Agreements for additional properties.
B City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of Services
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of:
Landscape Maintenance of Right of Ways and Medians, per the specifications of bid #0214-20,
Landscape Maintenance of City Facilities, per the specifications of bid # 0214-21, and Contractor's
response to the same.
Addendum #1: Mykawa to Smith Ranch Road and FM518 to Beltway 8 Center Island Bed Maintenance
and Weed Spraying.
Addendum #2: increase Class B properties to 24 visits to match Class A properties; Add Old Fire Station
#3, New Fire Station #3, Old Fire Station #2, New Fire Station #2, and Spectrum Blvd & Kirby Medians.
City of Peariand
3519 Liberty Drive
Peariand, TX 7758'
Purchasing Department:
281.652.1621 or
281.652.1790
Fax 281.652.1738
Contractor insurance Requirements & Agreement
Requirements
Contractors performing work on City property or public right-of-way for the City of Peariand 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 subcontractcrs 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 Peariand.
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 City tc be provided a waiver of
3100,000 per occurrence 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 ;
Gensrai Aggregate - $1,000,000
3.
Business Auto Liability to irciude Combined Single Lunt -
coverage for: $1,000,000
a) Owned/Leased vehicles
b) Non -owned vehicles
c) Hired vehicles
City to be iisted as Additional
Insured on Contractor's policy
and provided 30 day notice of
cancellation or material Mange ir.
coverage.
City shall be provided 30 day - f
notice of cancellation or material
change in coverage.
Certificate cf Insurance forms may be emailed to: Purchasing Department at ebidsca,oearlandtx.uov. Questions
regarding required insurance should be directed to Bob Pearce, City of Pearland Purchasing Officer, at
boearcei?pearlandtx.gov.
-his-form must *,e-signed-andreturned-withyour-quotation:You-are-stating that yuu-duhave-the-ruqtrtred-......-
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
agree to provide the above described insurance coverages within 10 working days it 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 or, the project.
Project/Bid #sic U / `' ,,l l
Company: `'4:F/r!eltAc2' ^n 5 64-' g1.1-42/ `>r A'rc•
Printed Name: dinerfG&' Z 4 -L l Z4 1
MALDONADO
NURSERY & LANDSCAPING, INC,
CONTRACT AGREEMENT
=t3R LANDSCAPE & LAWN MAINTENANCE AT:
CITY OF PEARLAND
3509 EAST ORANGE
PEARLAND, TX 78581
ATTN: ERIK HAMMOND
THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF„__. _._ 7.014, BY AND BETWEEN
MALDONADO NURSERY L4 LANOSCAPI NQ, INC. & CITY OF PEARLAND 518 TO BELP. A.Y o CENTER.ISLA14D BED
MAI_NTENAMCE &_WEED�SPRAYIN .
ALL WORK AND MATERIAL IS GUARANTEED TO 8E AS PER OUR SPECIFICATIONS AND SCHEDULES ATTACHED
HEREWITH AND MADE PART OF THIS CONTRACT. ALL WORK SHALL BE COMPLETED IN A TIMELY & WORKMAN LIKE
MANNER FOR THE AMOUNT OF:
TWELVE THOUSAND FIVE HUNDRED AND FIFTY TWO DOLLARS & 00/100 DOLLARS/YEAR THIS AMOUNT INCLUDES
THE FOLLOWING:
L VISITS PER YEAR
961 .00 PER MONTH FOR LANDSCAPE MAINTENANCE
85.00 PER MONTH FOR IRRIGATION CHECKS
STANDARD CONTRACT SERVICES
macaw -710N Of SERVICES
A
Lb •
FL•
S
De'
Nov
Total
MOW, EDGE, TR•11 LAW/4i.E0S,
POWER BLOW WALKSICURB. POLICE
FOR LITTER
3
3
4
5
4
4
5
4
5
4
4
_Do:
3
44
WEED BEDS
3
3
5
4
4
.5
4
5
4
4
3
43
RREA!(T CONTROL
( <
A
>
N
8
E
0
E
0
>
a
TRIMMING OF SHRUBS
! 1
1
1
1
1
1
1
1
1
12
WEED CONTROL
CONCRETE/ASPHALT
1
1
1
1
1
1
1
1
1
1
1
12
TRIM/PRUNE TREES TO 8 FEET S.
UNDER
1
1
1
1
1
1
1
1
1
1
92
TURF & SHRUB FERTILIZATION
1
1
2
[MONITOR RRIGATION
1
1
1
11
1
1
1
1
1
1
12 1
48 VISITS PER YEAR ARE GUARANTEED. THE NUMBER OF VISITS COULD VARY FROM MONTH
TO MONTH DEPENDING ON THE DAY OF THE WEEK THAT SERVICE IS SCHEDULED FOR.
Initial
16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 309 North Beddoea 1980 Holly Road
San Antonio Texas Austin Texas Houston Texas La Feria Texas Corpus Christi Texas
78247 78754 77055 78559 78417
Toll Free (855) 272-1901 w �Y'Iv.rnnL3EL.COXTI
MALDONADO
NURSERY & LANDSCAPING, INC,
ADDITIONAL SERVICES INCLUDED
9 UESCRJPTION OF SERVICES
Each
than out
Jan
Fen
Alar
AL"
May
Jury
Jt.Iv
Aug
Sep
Oct
Nov
Dec
Tart
ROUND LIP SPRAYING
! 361.00
1
1
t
1
1
1
1
1
i
/
i
1
4.33200
SALES TAX SHALL BE ADDED WHERE APPLICABLE.
• Monthly statements shalt be billed out at the 1st of each month and payable net 30.
• Upon acceptance of this contract, customer agrees to the terms and condition as follows:
Contract term cf one (1) year based on 48 visits per year divided Into twelve (12) equal monthly
payments. Either party for all services performed may early terminate this contract prior to renewal
date with a 30 day written notice sent certified mall with settlement for services performed.
Settlement for services performed is based on monthly payments paid, versus total value of
frequencies of services, material and labor cost rendered. If the monthly rate includes additional
services (Le. rye grass, annual flower changes or mulching) and this contract is cancelled prior to the
renewal date, a prorated amount will be paid for these services. This contract shalt be automatically
renewed unless either party gives a 30 day notice prior to the renewal date.
• Accounts 60 days past due are subject to suspension of services until payments are made. This does not
relinquish you from payments or the terms of this contract. Interest on accounts 60 days past due will eccr'e
at 1.5% per month.
Upon cancellation. ainal statement will be sent to the authorized agent. Final payment or refund wilt be made
within thirty days.
CITY OF
3<O
PRMTED NA, -42:109,14A0.
ren
DATED THIS DAY 06,4441101404
.2615
FOR MALDO15AdO POURS tX.LAtiDSCAPING, INC:
PRINTED
TITLE ``I ,
DATED THIS l,�
IL, DAY OF C jV1'---- 20 ry~
16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 509 North Beddoes 1960 Holly Road
Sar: Antonio Texas Austin Texas Houston Texas La Feria Texas Corpus Christi Texas
78247 78754 77055 78559 78417
Tcll Free (855) 272-1901 www.mnjsa.com
ALDONADO
NURSERY & LANDSCAPING, INC
CONTRACT AGREEMENT
FOR LANDSCAPE & LAWN MAINTENANCE AT:
CITY OF PEARLAND
3509 EAST ORANGE
PEARLAND, TX 75551
ATTN: ERIK HAMMOND
THIS CONTRACT :S MADE AND ENTERED INTO THIS DAY OF_ _.____- --- 2314, BY AND BETWEEN
MALDONADO NURSERY & LANDSCAPING, 1';C. & CITY OF PEARL4NO, )C.AWA TO SMITH RANCH ROAD ryEP
MININTENAN_OE & WEED SPRAYING.
ALL WORK AND MATERIAL IS GUARAN FEED TO 8E AS PER OUR SPECIFICATIONS AND SCHEDULES ATTACHED
HEREWITH AND MADE PART OF THIS CONTRACT ALL WORK SHALL BE COMPLETED :N A TIMELY & WORKMAN L KL
MANNER FOR THE AMOUNT OF:
TEN THOUSAND EIGHT HUNDERED AND NINETY SIX. DOLLARS & 0'J! 0 DOLLARS/YEAR THIS AMOUNT iNC,LUDES
HE FOLLOWING:
418 VISITS PER YEAR
L 835 .00 PER MONTH! FOR LANDSCAPE MAINTENANCE
L_ 7.3,00 PER MONTH FOR IRRIGATION CHECKS
,"STANDARD CONTRACT SERVICES
DESORPTION OF SERVICES
Jan
3
Feb
3
L1e,
4
A ....
S
Mav ,.,o
4 4
�
5
Y h�
4
S
5
.,c;
4 i
No.•
f 4
3
1
Total
48
i MOW, EDGE. TRIM LAWNS/BEDS,
I POWER SLOW WALKS/CURE. POLICE
7 FOR LITTEP.
WEED REDS
3
3
4
'�
4
4
5 4
5
4
4
3
4
MEANT CONTROL
FIR
<
A
8
>
N
O
E
0
>
>
I TRIMMING OF SHRUBS
1
1
1
1
1
1
1
1
l
1
1
12
1
4y
WEED CONTROL
CONCRETE/ASPHALT
1
1
1
1
1
1
1
1
1
1
1
1
12
i
i
"'@1
MA/PRUNE TREES TO! PEET I1,
UNDER
1
!
1
1
1
1
1
1
1
1
1
1
12
TURF & SHRUB PERTULUZATION
1
1
2
NiTOR iRRIGATtON ,t�.
1-u_l
1
*
1
1.
1
!
1
12
48 VISITS PER YEAR ARE GUARANTEED. THE NUMBER OF VISITS COULD VARY FROM MONTH
TO MONTH DEPENDING ON THE DAY OF THE WEEK THAT SERVICE IS SCHEDULED FOR
16348 Nacogdoches 9800 Brown Lane 2308 Bingle Road 509 North Beddoes 1980 Holly Road
San Antonio Texas Austin Texas Houston Texas La Feria Texas Corpus Christi Texas
78247 78764 77056 78659 78417
Toll Free (855) 272.1901 www.mniaa.com
MALDONADO
NURSERY & LANDSCAPING, INC.
ADD T1Ot'1AL SERVICES INCLUDED
DESCR;FTION OF SERVICES
Etc.
Gvnye cul Jen
Fab
Mer
Apr
May
Jura
July
/MN
Se.j
Ocl Nov
Dec
ROUND UP SPRAYING
253.01
1
1
1
1
1
1
1
1
t 1
• SALES TAX SHAL:. BE ACDED WHERE APPLICABLE.
• Monthly statements shall be billed out at the 1st of each month and payable net 30.
• Upon acceptance of this contract, customer agrees to the terms and condition as follows:
Contract term of one (1) year based on 48 visits per year divided into twelve (12) equal monody
payments. Either party for all services performed may early terminate this contract prior to renewal
date with a 30 day written notice sent certified mall with settlement for services performed.
Settlement for services performed is based on monthly payments paid, versus tote': value of
frequencies of services, material and labor cost rendered. If the monthly rate includes additional:
services (i.e. rye grass. annual flower changes or mulching) and this contract is cancelled poor to the
renewal date, a prorated amount will be paid for these services. This contract shall be automatically
renewed unless either party gives a 30 day notice prior to the renewal date
• Accounts 80 days past due are subject to suspension of services until payments era made. This does not
relinquish you from payments or the terms of this contract Interest on accounts 60 days past due will accrue
at 1.5% per month.
• Upon canceilation, s fret statement will be sent to the authorized agent. Final payment or refund will he made
within thirty days.
c1TY Of: -A': • /./ FO M"AL
siG./F,PF
61GNATURE
MINTED
?RINTE AME
v
eV!" ?Na 4.
TITLE
DATED THSS _DAY ,?ie zG
N NUR Y & LANDSCAPING, INC:
MIX
DATED THIS DAY OF 7.G /017 20 /5-
16348 Nacogdoches 9600 Brown Lane 2908 Bingle Road 509 North Beddoea 1960 Holy Road
Sat, Antonio Taxaa Austin Texas Houston Texas La Feria Texas Corpus Christi Texas
76247 78754 77055 78559 78417
Toll Free (855) 272-1901 www.mnIsa.com
MALDONADO
NURSERY & LANDSCAPING, INC.
CONTRACT AGREEMENT
FOR LANDSCAPE & LAWN MAINTENANCE AT:
CITY OF PEARLAND NEW SPECTUM & KIRBY MEDIANS
3509 E ORANGE
PEARLAND, TX. 78581
ATTN: ERIC HAMMOND
THIS CONTRACT IS MADE AND ENTERED INTO THIS DAY OF__. 2015, BY AND BETWEEN
61vd
MALDONADO NURSERY & LANDSCAPING. INC, & CITY OF PEARLAND NEW SPECTUM & KIRBY MEDIANS
ALL WORK AND MATERIAL IS GUARANTEED TO BE AS PER OUR SPECIFICATIONS AND SCHEDULES ATTACHED
HEREWITH AND MADE PART OF THIS CONTRACT. ALL WORK SHALL BE COMPLETED IN A TIMELY & WORKMAN LIKE
MANNER FOR THE AMOUNT OF:
FIVE THOUSAND -ONE HUNDRED NINTY-SIX DOLLARS & 00/100 DOLLARS/ YEAR THIS AMOUNT INCLUDES THE
FOLLOWING:
4$_ VISITS PER YEAR
$ 324.00 PER MONTH FOR LANDSCAPE MAINTENANCE
1_ 55.00 PER MONTH FOR IRRIGATION CHECKS
STANDARD CONTRACT SERVICES
DESCRIPTION OF SERVICES
-.-
Jan
elIMILM
AIN
PII
Doc
Total
MOW, EDGE, TRIM J
PUWER BLOW WALKS/CURB, POLICE
FOR UTTER
3
4
5
4
4
5
4
5
MI
WEED BEDS
3
3
4
5
4
5
E
4
D
11,11111111111111
IIIIIIIIIIIIIII:
MEANT CONTROL
<
A
S
>
TRIMMING OF SHRUBS
1
1
1
1
1
1
12
WEEP CONTROL
CONCRETEJASPHALT
1
1
1111
TRIM/PRUNE TREES TO 8 FEET &
UNDER
;
1
1
1
1
1
1
ain
-
TURF & SHRUB FERTILIZATION
-
TURF PRE -EMERGENT WEED
CONTROL
1
POST EMERGENT
1
MONITOR IRRIGATION
1
1
1
In
1
a
1
! 1
1
1
45VISlIS P,ER YEAR ARELUARANIEED. THE NUTABER_QF VISITS_CQULO VARLFRMAIQNTH
TO MONTH DEPENDING ON THE DAY OF THE WEEK THAT SERVICE IS SCHEDULED FOR.
fEHat
16348 Nacogdoches 9600 Brown Lane 2.308 Bingle Road 509 North Beddoes 1960 Holly Road
San Antonio Texas Austin. Texas Houston Texas La Feria Texas Corpus Chsti Texas
78247 78754 77055 78659 78417
Toll Free (855) 272-1901
www.;nn1SA.corn