Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R2017-183 2017-09-18
RESOLUTION NO. R2017-183 A Resolution of the City Council of the City of Pearland,Texas,awarding a bid for an HVAC System(Public Safety Building Server Room)to HSI Electric,Inc., in the amount of$142,206.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for the purchase of an HVAC System. Section 2. That the City Council hereby awards a bid for the purchase of an HVAC System to HSI Electric, Inc., in the amount of$142,206.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase of an HVAC System. PASSED, APPROVED and ADOPTED this the 18th day of September, A.D., 2017. TOM REID MAYOR ATTEST: • NG �� ING/ RM =�. 1.2• TY S`�RETA`� /\ APPROVED AS TO FORM: DA IN M. COKER CITY ATTORNEY i CS.a Resolution No. R2017-183 i 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 III.Standard Contractual Provisions IV.Special Terms and Conditions V. Contract Attachments I.Summary of Contract Terms. Contractor: HSI Electric, Inc. P.O Box 262927 Houston,TX 77207 Description of Services: Contractor will supply and turnkey install two (2) Liebert cooling systems,to include all appurtenances in full accordance with all specifications, terms and conditions of City Bid No. 0717-52, awarded per Council Resolution#R2017-183. Maximum Contract Amount: $142,206 Effective Date: 9/19/17 Termination Date: 11/30/17 Renewal: None contemplated at this time. II.Signatures. By signing below,the parties agree to the terms of this Contract: CITY OF PEA• 4 D* 7 CONTRACTOR: Algid ,A.—.--- ,._„,_g, - 1\)44,1_ Signer .y: Date • :. at' Title: Pre sicie`c.ic p/—City Manager Assistant City Manager Date: ek/ b--Cpki Director Program Manager *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, 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 CONTRACT/Page 2 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. 1. 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. Contractor's bid response. 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. Contractor Insurance Requirements&Agreements 2. Specifications of Bid No.0717-52. CONTRACT/Page 3 • 1 CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall include the supply and turnkey installation of two (2) Liebert cooling systems,to include all appurtenances in full accordance with all specifications,terms and conditions of City Bid No.0717-52,awarded per Council Resolution#R2017-183. CONTRACT/Page 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 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 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 Statutory Limits City to be provided a WAIVER OF Employers'Liability $100,000 per occurrence SUBROGATION and 30 day notice of cancellation or material change in coverage. 2. Commercial General(Public) Personal Injury-$1,000,000 per City to be listed as additional Liability to include coverage for: person;Property Damage- insured and provided 30 day a) Premises/Operations $1,000,000 per occurrence; notice of cancellation or material b) Products/Completed General Aggregate-$1,000,000 change in coverage. Operations • c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit-$1,000,000 City shall be provided 30 day coverage for: notice of cancellation or material a) Owned/Leased vehicles change in coverage. b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be e-mailed to Purchasing Department,terndt @ci.pearland.tx.us,or with questions contact Trish Erndt,@ 281-652-1790. 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 requirements to 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#: 0'1 \'1 CONTRACT/Page 5 Company Name: YSlhgrve-5 Sks'"-e_e•-∎ Printed Name: e.'c> cl\C'cNekk Signature: `` Date: C\ Ins.Carrier Name/contact info: s\q�etC-I,1JK'Q.RCe R�.teNc /Trxrup\ecke.t-*2k-.1"\c:\t1/4- 5� CONTRACT/Page 6 /��1 CERTIFICATE OF LIABILITY INSURANCE 3/10/2017 TU8 CERTIFICATEIS ISSUED AS A NATIEHOF INFORMATIONONLY AND CONFERS ND ROOTS UPON THE CERTIFICATEHOLDER.THIS CERTIFICATE DOES NOT AFTIRVATNELY OR NEOATIVELY MIENS,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(8l AUTHORIZED REPRESENTATIVE OR PROCUCER,AND THE CERTIFICATEHOLDER IMPORTANT:H the c.nOAca.a Adder Is an AOOITIONAIJNSURED.the pniky(I..pnu.l Area ADDIOONAUNBUREO proN.lon•or 00.ndonad_ P SUBROSATIONT WANED,.ubJ.,i to A.lmn..nd conditins of the policy,w,Lin pelldw may reSure an endonernora A dat.rnanlon I1,1c cenI.ut.co.not confer H41,a Lath.wMHIcet.hold.,In X.0 of cuci,.odonwn.,A(c). ■ Slater Insurance Agency .w 281-494-7753 12.. 281-494-3735 One Sugar Creek Center Blvd Suite 870 ,_m!E<a Sugar Land, TX 77478 ,yAe Nationwide Property & Casualty Company -°^.° Hughes Systems Industrial, Inc. r.1,.,,. Colonial County Mutual Insurance Company 6626 Rupley Circle ,Anna Texas Mutual Insurance Company Houston, TX 77087 ,eeaa■e 713-454-1177 COVERAGES CERTIFICATE NUMBER, REVISION NUI.l'IIFRI THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTTHSTANDINO ANY REQUIREMENT,TERM CR CONDITION OF ANY CONTRACT CR OTHER COCUMENT WITH RESPECT TO WHICH TXS CERTIFICATE MAY FIE ISSUED CR MAY PERTAIN.Tilt INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANOCONDITONS OF SUCH POUGES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS ,..e.s w.u.w P� „. MILKY euORa ,aCoa, �•"�• — ACP3016499718 02-06-17 02-06-16 n 11 .11..10 . M' 0,000 A y y ,,. ,m,.„.,. 1,0 0 0,0 0 0 at MI LAM rA,,,, ..tANa.l. 2,000,000 _ s, e.ou.,...en w 2,000,000 A.=a,<r .n„ rN ,” 1,000,000 .eY.aT° WI Tw,ne.P.,.n4„ ■ ACP3016499718 02/06/17 02/06/18 - B x y y ero.Y.,..Y.,....,.., • — Awn X .I WI, x meuuar A • X '"*"''' x n ACP3016499718 02/06/17 02/0 6/18 °``°" _ • 5,000,000 A ,,....,..: Y Y r,,. 5,000,000 . .,ro. NA . -. ir X 1" 1 1 n u.orea LMAJTY 54,1,4 (� a 0001301020 02/06/17 02/06/18 „�„ , 1,000,000 Cw Tt..,... © ,., y . .-ow .,.,,,,,.r.n..n.., . 1,000,000 4 .ao,X .w. ,r.y,...,...-„,. 1,000,000 A Rented & Leased ACP3016499718 02/06/17 02/06/18 $400,000 Limit Equipment s moos Deductible The general liability policy includes an additional insured endorsement; the workers' compensation policy includes a waiver of subrogation endorsement on behalf of the certificate holder. 30 Day Notice of Cancellation will be provided, unless cancelled by nonpayment of premium in which case a 10 day notice will be provided. CERTI"r',CATE HC;DER CANCELLATION City of Pearland 3519 Liberty Drive SHOLILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SCTCRE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Pearland, TX 77581 ACCORDANCE WITII TILEPOLICYPROVISIONS. s..N.."---.--)11 U. 0 19B8 2015 ACCND CORPORAT KW.At dom rOSM.M. ACORD2a2016'O0) Taw ACORD rune ad VERVE reSi ones(naiad ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-266581 Hughes Systems Industrial, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/28/2017 being filed. City of Pear land Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. R2017-183 Electrical&Mechanical Services to supply and turnkey installation of(2)Liebert cooling systems Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling 1 Intermediary Bailey,Jason Houston,TX United States X McNeil, Ben Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.ra_040:6,,,.., ' flEBECi ANN FINCH • 4 My Comssion Expires • Jul ,2010 ( ignature of authorized agent of contracting business entity 4 AFFIX NOTARY STAMP/SEAL ABOVE Q ` Sworn to and subscribed before me,by the said ben %C,\1 a$�� day this the da of 20 k`l ,to certify which,witness my hand and seal of office. QS`S‘tr...k.ft � v""`- (K C-C \c\c\ ■r`GCN T∎C `0.'t\ -c e.r Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337