R-2016-005 2016-01-11RESOLUTION NO. R2016-5
A Resolution of the City Council of the City of Pearland, Texas, awarding a unit
price contract for the rough cut mowing and maintenance of roadside ditches,
vacant City properties and retention areas, to Lawnscapes Unlimited in the
estimated amount of $95,858.89, for the period of January 12, 2016 through
January 11, 2017.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for a service contract have been reviewed and
tabulated.
Section 2. That the City Council hereby awards the bid to Lawnscapes Unlimited, in the
estimated amount of $95,858.89.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the rough cut mowing maintenance of roadside ditches, vacant City properties and retention
areas.
PASSED, APPROVED and ADOPTED this the 119' day of January, A.D., 2016.
ATTEST:
ING, TR
Y SES' TARY
APPROVED AS TO FORM:
DARR M COKER
CITY ATTORNEY
)011
TOM REID
MAYOR
City of Pearland
3519 Liberty Delve
Pearland T?+ 7755-1
Resolution No. R2016-05
General Services Contract
1 his Lontract (Contract) is mane between the silty of Pe:;rtand. Texas (City)
The City and Contractor ataree tr, the terms and t;ort,littons r,f th's ifo.,nt!act which consists of the
following parts
I Summary of Contract. Terms
Signatures
l;t. Standard Contractus, ProvisiJns
hi Spe:1ai Terms and Conditions
.' Additional Contract Artaohments
ano Ci,,,ttn,,tt,!
1 Summary of Contract Terms
Contractor
UUescr!Dttun Of Ser ir.-
C;oo %tract Amount
Effective Date
Termination Date
t..awlisc.aapes Urllirlli'ti'd
PO Bok 553
Rc Sharon 1.. 775(3.
Conrianttj` dyifl tlr •Jt,,C '„4gn .'1,t rt” wing services to seventy-tvvr.
locations tltrc.Lgr.ox the :'>t ',' f~earian l per the spe:if;r'a+..tors t;t
,c;posat #1 1 16-1 c; ci, Cr,vn. d ResoL1ior ##R2u1!^ (Ja
1161 Price C- ,ntra,1, nrara,1 $94: 85P 89 annual .,,
•12 4016
1.11i2011
r. pev'%li .)}1t CIr !t!ia ;i9(eetnt.nt turoif l r i dr,d
t.e aaprovAl of C 1,i' r;c•.o,,c;,
ti Signatures By sit -fling bero�. rhe partl~•E tat:r5 c:t ,.nrsac,t
CITY OF P,EARLANC)'
.City Manager
_Assistant City Manager
Director
Program Manager
icer
*contra:;! SIgrratuie Authority
Date
CONrRA'c
Title
Date. 1— a -he
Program Manager • - �i99 cr less
Director $6 r,C;J t:, S3'
tt f M.Hader.,A>s!s, ;.`:a - .t )
,v
O
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
Contractors 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 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.
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. IndeRendent 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:
1. The contractor's proposal 1116-06 shall be construed as additional contract documents.
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of the cor-actor providing rough cut mowing services to
seventy-two locations throughout the City of Pearland per the specifications of proposal #1116-06; City
Council Resolution #R2016-05. Pricing is as follows Der contractor's response to the same, as listed
below:
Specification Responses
Line
1
Descrj ,tion UOM
IH 1A Mayor's Alley: Portion of Mayor's Alley Near Apartments. .49
acres EA
IH 1 Old Alvin Road: Bridge Crossing At Walking Trail Bridge Near
2 Swenson. .09 acres EA
IH 2 Main @ 3rd Street: West Shoulder Of The Road From 3rd to
3 Creek .17 acres EA
IH 3 Industrial West: West Of Main Including Alexander Easement.
4 4.66 acres EA
5 IH 4 Industrial East: East of Main Street. 2.47 acres EA
6 IH 5 Dixie Farm Lot: Pearland Parkway Connection. 4.59 acres EA
IH 6 Friendswood Hastings Lot: Intersection of Friendswood Hastings
7 and Dixie Farm. 30 acres EA
8 1117 Hasti )p�!s Friendswood: Side of City pr erty. 1.19 acres EA
IH 9 JohnpLizer Road: Pearland Parkway East to Marys Creek. .37
9 acres EA
10 IH 11 Library Lot: Lot behind library and fence line. .73 acres EA
11 IH 12 Libra(`( Pond: .87 acres EA
IH 15 East Mary's Creek Retention Pond ROW: Estimated at one pass
12 behind the houses. 4.09 acre
13 IH 16 McGinnis Road: Dixie Farm to Drainage Ditch. .62 acres
14 IH 19 Green Tee Ditch: Moore North to Bogey Way. 2.31 acres
15 IH 20 Country Club Ditch: Antrim North to Creek. 1.40 acres
16 IH 21 Barry Rose Road: Lot on East Side Of Barry Rose. 1.82 acres
17 IH 23 Pearland Parkway Pond East. 17.88 acres
18 IH 24 Pearland Parkway Pond West. 6.47 acres
IH 25 Twin Creek Ditch and Pond to the East - Glastonbury Ditch.
19 Ditch Runs Parallel to Hickory Knoll. 4.85 acres
IH 26 Bishopton Lot: Ditch �n Front of City Lot on Bishopton. 0.0156
20 acres
21 IH 27 Knapp Road: Intersection of Knapp and Old Alvin. 0.89 acres
22 IH 28 Old Alvin Rd: Intersection of future Halik and Old Alvin. .23 acres
IH 29 Houston Alley: Between Houston and 35/Jasmine and Plum. .25
acres EA 12 $65.40
IH 30 Orange and Washington Lot: Corner lot. 2.85 acres EA 12 $57.00
IH 31 Orange: From Railroad Tracks to Washington. .09 acres EA 12 $65.40
26 IH 32 North Pearland AIIey: Jasmine North to Orange. .59 acres EA 12 $65.40
27 IH 33 North San Antonio AIIey: Jasmine to Plum. 0.24 acres EA 12 $65.40
28 IH 34 North Washington AIIey: Jasmine to Oran e. 0.41 acres EA 12 $65.40
IH 35 North Washington Fence Line: Jasmine orth to Plum. .36
29 acres EA 12 $65.40
IH 36 McHard Overpass Ponds: Ponds along McHard Phase 1. 6.37
30 acres EA 12 S160.54
IH 37 Mykawa - East Shoulder: Katy Street to Creek and Median at
31 Bridge. 1.35 acres EA 12 $196.56
32 IH 38 Woody Road: Cunningham to Cherry. .31 acres EA 12 $65.40
33 IH 39 Hatfield Road: Intersection of Jasper and Hatfield .02 acres EA 12 $32.70
23
24
25
EST.
QTY Unit
12 $65.40
12 $65.40
12 $65.40
Extended
$784.80
$784.80
$784.80
12 $122.52 $1.470.24
12 $196.56 $2.358.72
12 $57.00. $684.00
12 $171.00 $2.052.00
12 $65.40 $784.80
12 $65.40 $784.80
12 $57.00 $684.00
12 $57.00 $684.00
EA 12 $85.50 $1.026.00
EA 12 $98.10 $1,177.20
EA 12 $262.08 $3,144.96
EA 12 $262.08 $3,144.96
EA 12 $131.04 $1,572.48
EA 12 $295.50 $3,546.00
EA 12 $155.54 $1,866.48
EA 12 $115.23 $1,382.76
EA 12 $65.40 $784.80
EA 12 $131.04 $1,572.48
EA 12 $28.50 $342.00
$784.80
$684.00
$784.80
$784.80
$784.80
$784.80
$784.80
$1,926.48
$2,358.72
$784.80
$392.40
34 IH 40 1626 Hatfield: Future Extension of McHard. 2.56 acres EA 12 $196.56
35 IH 41 O'Day Road: Alop Civ Pro erty South of Rice. .38 acres EA 12 $65.40
IH 42 Garden Road Wafer l ower Meld: Field Behind G -den Road
36 Water Tower. 3.33 acres EA 12 S90.30
37 IH 43 Max Road: Along Hickory Sough Sports Plex. 1.; acres EA 12 $196.56
38 IH 44 Reid Road: 1128 Extension. 0.59 acres EA 12 $65.40
39 IH 46 Lee Road: Lee Road Connection. 0.65 acres EA 12 $65.40
IH 47 Hill House Road: 518 to Cemetery Westside Beh id Wood
40 Fence. .23 acres EA 12 $65.40
41 IH 48 MUD 5 Pond: Intersection of McHard and Cullen. 43.05 acres EA 12 $685.33
42 IH 49 Water Lights Road. 1.96 acres EA 12 $131.04
43 IH 50 Kirby Ditch & Kirby Pond 1. 6.63 acres EA 12 $85.50
44 IH 51 Kirby( Pond 2. 2.75 acres EA 12 $57.00
IH 52 Shadow Creek Parkway Lot: To Be A Future Fire Station. 5.57
45 acres EA 12 $114.00
46 IH 55 Fite Road: Navarro to Dead End. 0.53 acres EA 12 $65.40
IH 57 Bailey Road: 1800' West of 1128 to Veteran (South Side). 13.23
47 acres EA 12 $310.00
48 IH 59 Veterans Road: Magnolia to Bailey. 1.17 acres EA 12 $131.04
49 IH 60 Magnolia Ponds (2). 1.04 acres EA 12 $131.04
IH 61 Lee Lane Extension: Continuation of Lee Road F- m Dead End
50 To Fence Line. .23 acres EA 12 $65.40
IH 62 McLean Road: Cabot Cove to Bailey (Ditch Crong at School).
51 .26 acres EA 12 $65.40
52 IH 64 Harken Raod: Fite to Figland on East Shoulder CThly. .23 acres EA 12 $65.40
53 IH 66 Fite Road: Hatfield to McLean. .76 acres EA 12 $65.40
54 IH 68 Fire Admin Fields: Old Police Department. 9.45 acres EA 12 $192.50
55 IH 69 Walnut Road: Along Walnut Estates Subdivision. 2.53 acres EA 12 $131.04
56 IH 70 Veterans Road: Walnut to Magnolia. 0.75 acres EA 12 S65.40
57 IH 71 McLean Road: Jolie to Cabot Cove. .52 acres EA 12 $65.40
58 IH 72 McLean Road: Silsbee to Apple Springs. .57 acres EA 12 $65.40
59 IH 73 Hatfield Road: Broadway to Fite. 6.02 acres EA 12 $188.00
IH 73A Hatfield Trunk Line: Hatfield Road From Mary's Creek
60 Barricade to Magnolia. .59 acres EA 12 $65.40
IH 74 Broadway: Johnston to Ray. 0.13 acres EA 12 $65.40
IH 75 South Pearland Alley: Walnut North To 518. 0.56 acres EA 12 $65.40
IH 76 South San Antonio Alley: Walnut North To 518. 0.53 acres EA 12 $65.40
IH 77 South Washington Alley: Walnut To Pear. 0.27 acres EA 12 $65.40
IH 78 South Texas Alley: Walnut To Pear. 0.34 acres EA 12 $65.40
IH 79 South Sacremenfo Alley: Walnut To Just North Of Pear. 0.35
66 acres EA 12 $65.40
IH 80A Hastings Cannon Lot: East Property Line Between Land and
67 Trailer Park. 1.15 acres EA 12 $131.04
IH 81 Fite @ FM 1128: Intersection of Fite and FM 1128 With
68 Sidewalk. 0.10 acres EA 12 $65.40
IH 82 Southeast Corner Magnolia @ McLean: Corner of Magnolia &
69 McLean Between Road And Sidewalk. 0.91 acres EA 12 $65.40
IH 83 Southwest Corner Magnolia @ McLean: Corner of Magnolia &
70 McLean At Majestic Church. 0.16 acres EA 12 $65.40
IH 84 Barry Rose @ Pearland Parkway: Between Creekside
71 Subdivision Fence And Sidewalk. 0.35 acres EA 12 $65.40
IH 85 Pearland Parkway Loop: Lot Near Pearland Parkway's "Round -
72 A -Bout". .57 acres EA 12 $65.40
Price Per Mile of Right Of Way Reclamation - where it may be
necessary to push back tree line in areas of the community to reclaim
73 the entire widths of ROW. Mile 5 $300.00
161
62
63
64
65
$2,358.72
$784.80
$1,083.60
$2,358.72
$784.80
$784.80
$784.80
$8,223.96
$1,572.48
$1,026.00
$684.00
$1,368.00
$784.80
$3.720.00
$1.572.48
$1,572.48
$784.80
$784.80
$784.80
$784.80
52,310.00
$1,572.48
S784.80
$784.80
$784.80
$2,256.00
$784.80
$784.80
$784.80
$784.80
$784.80
$784.80
$784.80
$1,572.48
$784.80
$784.80
$784.80
$784.80
$784.80
$1,500.00
1 74
75
76
Price Per Square Foot For Slope Mowing.
Price Per Square Foot For ROW Mowing.
Price Per Square Foot For Vacant/Retention Mowing.
SF
SF
SF
5 1 $0.0019
$0.0003
5 $0.0004 1
$0.0095 1
$0.0015 1
$0.002 1
Total $95,858.893