R-2016-124 2016-07-11RESOLUTION NO. R2016-124
A Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply contract for landscape maintenance services
(medians and right of ways) with Maldonado Nursery and Landscaping,
Inc., in the estimated amount of $295,509 for the period of July 20, 2016
through July 19, 2017.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a contract to Maldonado Nursery and
Landscaping, Inc., for landscape maintenance services.
Section 2. That the City Council hereby renews a contract with Maldonado
Nursery and Landscaping, Inc., in the estimated amount of $295,509.00.
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 11th day of July, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
City of Pearland
3519 Liberty Drive
Pearland. TX 77581
Resolution No. R2016-124
Exhibit "A"
General Services Contract
This Contract (Contract) is made between the City of Peariand, Texas (City), and Contractor,
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
L Summary of Contract Terms
U. Signatures
171. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additi=ona! Contract Attachments
1. Summary of Contact Terms.
Contractor: Maldonado Nursery & Landscaping Inc,
'16348 Nacogdoches
San Antonio, TX 78247
Description of Services: Landscaping Maintenance of Right of Ways and Median i per the
specifications of City] of Peariand bid # 0415-39; City Counci
Resolution #82016-124
Contract Amount: $295,509.
Effective Date: July 20, 2016.
Termination Date: July 19, 2017.
Renewal: First renewal option of two.
s#, Signatures, Sy signing below, the parties agree to the terms of this Contract:
C'_:" Y OF PEARLAND:
Purch
CONTRACTOR:
ate Title: V -'
ed Date: b'. , Date:___21-1,1Flif
City anager
Assistant City f4aFna°er
Director
Program Manager.
*Contract Signature Authority:
ity:
Date: i -1
Program Manager 45,999 or less
Director - $6,000 to $30,000
City ManageriAssistant City Managers -, $30,001 to $50,000
City Council Resolution - $50,004+
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.
S. Services and Payment. Contractor will furnish Services to the City in accordance with the
teras 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 ail 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 tenet 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 terns. The party
alleging the default will give the other party notice of the default in writing citing the
teras 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 tight of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs sufiered 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 fiscai 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 indent it•�. 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, 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 partes 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. l`ts5'lcsnnment. 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 competentjurisdiction 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 mitten 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.
L 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 by 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 partes Mil 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
entity to an award of attorney's fees or other costs relating to the suit.
K. Sever ability. If a court finds or rules that any pad of this Contract is invalid or uniaw ul, the
remainder of the Contract continues to be binding on the parties.
N. Special Terms or Coriciitlens. None.
V. Additional Contract Documents. The following specified documents attached to this Contract are
prat 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 Contraot.
A. Contractor's Additional Contract Documents:
The contractor's response to Bid #0415-39 shall be construed as additional contract
documents.
Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
3. Contractor's Contract Agreements for additionai properties.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of Seraices.
Exhibit A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of:
Landscape Maintenance of Right of Ways and ME.•cdiens, per the specifications of bid #0415-39, and
Contractor's response to the same.
Addendum #1: Addition of Kirby Drive From CR59 To The Second island From 518 glass A and Class 8
work).
Location
2016 Annual 1.4% CPI 2016 Annual Charges
Charges increase with CPI increase t4%
-i McLean - 2838 McLean to Fite Road 1 $2,402.37 j 533.63$--x2,436.00 €
2A€vin City Limit Sign - Landscaped Sign on Hwy$2,977.31
L 1 35 South _.__.-..-.
$4.68
4
1 3 1 Friendswood City Limit Sign - Lands ping x Sian
on FM 518 fast t-,94_1, S
$3,996.22
55.17 11
~
1 ° Yost Road - FM 518 To Clear Creek :515,510.63 $217.15 $15,727.78
5 Scarsdale Road - Cleark Creek to Woods Ct. 512,778.78 5178.90 $12,957.68 I
€ 6 Pearland Parkway - Clear Creek to Beltway 8
58,619.68 $120.68 $3,740.36
1 7 1 Schlider and Schlider Lot - Orange to Barry
E Rose, including Lot At Corner. of Barry Rose and
€ Schlider_
$3,517.20
53,468.64 $48:56
;
8 I
LParkway
Barry Rose Road - FM 518 To Pearland
/
-__.1_
- $25,953.74
$25,595.403 $353.34'
}
9
Hughes Road - Pear€and Parkway to Riverstone
Ranch School
S22,898.35 i 1 $23,218.93
{1 ..-f
10 `� Walnut Road •- Texas to Grand
$8,062.49 5112.87 i $8,175.38 1
1 11 • Stn t - 4 r
t , ; €,,,Pond a�uLei ,�dc'�1r3ElttCl , Orange
$98.57 $7,146.64
$7,047.97-i
I12 i Beltway City ► irnit Sign - Clear Creek to Beltway
8
$7,233.24 5101.27 $7,334.51
1
13 4 McHard Phase 1 and 2 - Pearland Parkwayto
` _ j �tyF y�
f 35,1+ f4�. to {I GLvf ! f.
$52,17 8.62 ,
$52,458.21 $720.4.1 {
_
14 Balie ' Road - s -I' 235 To Vetems
$30,891.87 1 $432.49 $31,324.36 1
_- _-_
15 Oiler Drive - H 35 to Pearland Parkwa
516,101.21
$225A2 , $16,326.63
1 16 Smith Ranch Road - FM 518 to End of Medians
58,973.36
5125.63
$9,098.99
1' 17FM 1128/Reid Road - FM 518 to Reid Blvd.
1 I Down Reid Blvd to End of Chain ;ink Fence on
I North Side
$3,630.32
550.82
$3,681.14
----
18 Cullen Phase 1,11, IV - FM 518 to North Fork, FM
518 to McHard, McHard to Clear Creek
2
$21,36.7G
` $21.661.78
5299.08
19 Old Town Monument - FM 518 at$4,319.28
McLean/Walnut
1 20 Cord an South Medians - FM 518 to Camden;51,3.85.33
560.47 1 $4,379.75
;15.9 $1,2 1.98 3
I Hughes Ranch Road - SH 288 Frontage Road
I to Smith Ranch Rd
$3,510.31
53,461.84 1548.47
22 Extra Services
q
55,043.80 570.61 $6,114.41
23 Kirby Dr Frorn CR59 To The Second Island,
518 (Class fr work}
, $19,691.88
519,420 271.88
_------- ---,
,Frons
24 i Kirby Dr From: CR59 To The Second Island
From 518 Setback Mow (Class B work'
55,046 70.64 $' 116.64
1..._ i
Totals
1 $291,429.88 I $4,080.02 96,509.90
Resolution No. R2016-124
Exhibit "A"
EXHIBIT A
Package Location
2015 Annual 1.4% CPI
Charges Increase
2016 Annual
Charges with CPI
Increase 1.4%
1
McLean - 2838 McLean to Fite Road
$2,402.37
$33.63
$2,436.00
2
Alvin City Limit Sign - Landscaped Sign on Hwy 35
South
$2,977.31
$41.68
$3,018.99
3
Friendswood City Limit Sign - Landscaping Sign on
FM 518 East
$3,941.05
$55.17
$3,996.22
4
Yost Road - FM 518 To Clear Creek
$15,510.63
$217.15
$15,727.78
5
Scarsdale Road - Cleark Creek to Woods Ct.
$12,778.78
$178.90
$12,957.68
6
Pearland Parkway - Clear Creek to Beltway 8
$8,619.68
$120.68
S8,740.36
7
Schlider and Schlider Lot - Orange to Barry Rose,
Including Lot At Corner of Barry Rose and Schlider
$3,468.64
$48.56
$3,517.20
8
Barry Rose Road - FM 518 To Pearland Parkway
$25,595.40
$358.34
$25,953.74
9
Hughes Road - Pearland Parkway to Riverstone
Ranch School
$22,898.35
$320.58
$23,218.93
10
Walnut Road - Texas to Grand
$8,062.49
$112.87
$8,175.36
11
Grand Street - Walnut to E. Orange
$7,047.97
$98.67
$7,146.64
12
Beltway City Limit Sign - Clear Creek to Beltway 8
$7,233.24
$101.27
$7,334.51
13
McHard Phase 1 and 2 - Pearland Parkway to Hwy
35, Hwy 35 to Veterns
$51,458.21
$720.41
$52,178.62
14
Bailey Road - Hwy 35 To Veterns
$30,891.87
$432.49
$31,324.36
15
Oiler Drive - Hwy 35 to Pearland Parkway
$16,101.21
$225.42
$16,326.63
16
Smith Ranch Road - FM 518 to End of Medians
$8,973.36
$125.63
$9,098.99
17
FM 1128/Reid Road - FM 518 to Reid Blvd. Down
Reid Blvd to End of Chain Link Fence on North Side
$3,630.32
Sso.az
S3,681.14
18
Cullen Phase I, II, IV - FM 518 to North Fork, FM
518 to McHard, McHard to Clear Creek
$21,362.70
$299.08
$21,661.78
19
Old Town Monument - FM 518 at McLean/Walnut
$4,319.28
$60.47
$4,379.75
20
Corrigan South Medians - FM 518 to Camden
$1,185.38
$16.60
$1,201.98
21
Hughes Ranch Road - SH 288 Frontage Road to
Smith Ranch Rd
$3,461.84
$48.47
$3,510.31
22
Extra Services
$5,043.80
$70.61
$5,114.41
23
Kirby Dr From CR59 To The Second Island From
518 (Class A work)
$19,420
271.88
$19,691.88
24
Kirby Dr From CR59 To The Second Island From
518 Setback Mow (Class B work)
$5,046
70.64
S5,116.64
$291,429.88
S4.080.02
$295,509.90
EXHIBIT B
Maintenance Schedule
Landscape Maintenance of Additional Right of Ways and Medians II
*Twice A Year, As Needed, At Contractor's Discretion.
"Annual Tree pruning shall take place between December 1 and February 28
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
Mowing and edging Class A areas - 48 Visits
3
3
4
5
4
4
5
4
5
4
4
3
Mowing and edging Class B areas - 24 Visits
1
1
2
3
2
2
3
2
3
2
2
1
Trash removal from roadway
3
3
4
5
4
4
5
4
5
4
4
3
Fertilize Turf - Class A areas
1
1
1
Fertilize Turf - Class B areas
1
1
1
Summer Fertilize Turf - Class A areas
1
Broadleaf herbicide application
1
1
Monthly irrigation inspection
1
1
1
1
1
1
1
1
1
1
1
1
Quarterly irrigation inspection
1
1
1
1
Prune shrubs and trim groundcovers
1
1
1
1
Complete weeding of planting/shrub beds
1
1
2
2
2
2
2
2
2
2
1
1
Pre -emergent weed control*
Dead heading of annuals/perennials
1
1
1
1
1
1
1
1
1
1
1
1
Prune/thin of ground cover
1
1
1
Fertilize planting/shrub beds
1
1
Cultivate planting/shrub beds
1
1
Changeout seasonal color
1
1
Mulching of planting/shrub beds
1
1
1
Weed control in hardscape
1
1
1
1
1
1
1
1
1
1
1
1
Fire ant spot treatment
1
1
1
1
1
1
1
1
1
1
1
1
Removal of sucker growth from trees
1
1
1
1
1
1
1
1
1
1
1
1
Annual tree pruning"
Cultivate tree rings and tree areas
1
1
Mulching of tree rings and tree areas
1
1
1
*Twice A Year, As Needed, At Contractor's Discretion.
"Annual Tree pruning shall take place between December 1 and February 28