R2017-195 2017-10-23RESOLUTION NO. R2017-195
A Resolution of the City Council of the City Of Pearland, Texas, ratifying Fiscal
Year 2017 expenditures with Pearland Lumber and authorizing participation in
an interlocal agreement with Brazoria County for the purchase of Hardware
Supplies and Materials from Pearland Lumber Company, Inc., in the estimated
amount of $100,000.00, for as needed materials for October 2017 through
September 2018.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That FY2017 expenditures with Pearland Lumber, in the amount of
$95,000.00, are hereby ratified.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 23rd day of October, A.D., 2017.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution 200549
EXHIBIT A
INTERLOCAL AGREEMENT
BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS.
This agreement is made this 22)th day of _Y _. 2005 between the County
of BraZona, Texas and the°City of Pearland, Texas.
Pursuant to the authority granted by the "Texas Interlocal Cooperation. Act", Chapter
791 Texas Govemment Code providing for the cooperation between local governmental
bodies, the parties hereto, in consideration. of the promises and mutual promises contained
herein; agree, as follows:
WHEREAS, the contract is made under the authority of Section 791.001-791 .029 of
the Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental functions hereunder shall make that. performance or those
payments from current revenues legally available to that party;
WHERAS; the governing bodies of each party find that the subject of this contract is
necessary for the benefit of the public and that each party has the legal authority to perform
and to provide the governmental function or service which is the subject matter of this
contract; furthermore, the governingbodies find that the performance of this contract is in
the common interest of both parties; and that the division of cost fairly compensates the
performing party for theservices performed under this contract.
I.
Each party hereby makes, constitutes and appoints the other party its true and lawful
purchasing agent for the purchase of various commodities using Annual ;Contracts (Bids).
Each party will maintain a listing of Annual Contracts which are available for the other
party's use. To ;utilize orie or more of these contracts, each party must request authorization,
in writing; to the other party. Upon receipt of request, the receiving party will forward a copy
of the appropriate Annual Contract to the requesting entity. Each party agrees that the other
party shall serve as the purchasing agent for selected items, and agrees that the bidding
shall be conducted by the other party according to its usual bidding procedures and in
accordance with applicable State statutes.
II.
Each party agrees that all specifications for selected items shall be as determined by
the other party.
IH.
Each party agrees to pay the supplier for all goods., equipment and products
pursuant to this agreement The successful bidder or bidders shall bill each parry directly for
all items purchased and each party shall be responsible for vendor's compliance with all
conditions of delivery and quality ,of the purchased items.
Iv.
Bill Eisen, City Manager, is hereby designated as the official representative to act for
the City of Pearland, Texas in all matters relating to this agreement.
V.
John Willy, County Judge, is hereby designated as the official representative to act
for the County of Brazoria, Texas in all matters relating to this agreement:
VI.
This agreement shall be in effect from the date of execution until terminated by either
party to the agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers the day and year first above written.
BY:
NAME: JOHN WILLY
CITY OF PEARLAND, TEXAS
BY:
(Signature)
NAME: BILL EISEN
TITLE: COUNTY JUDGE TITLE: CITY MANAGER
DATE: %.b J n L 05
DATE: May 24, 2005
BRAZORIA COUNTY PURCHASING DEPARTMENT
Susanne Brumley CPPB
Procurement Officer
Charles Crook CPPB
County Purchasing Agent
May 2, 2005
Tracy Jackson_. CPPB
Contract Specialist
Mr. Bill Eisen
City Manager
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
RE: Contract #05-59 Interlocal Agreement between City of Pearland; Texas and Brazoria County
Dear Mr. Eisen:
Enclosed are two copies of the agreement between the City of Pearland, Texas and Brazoria County, that have
already been signed by the Brazoria County Judge.
If you are in agreement with this contract, please sign both copies and return one of them back to Brazoria County
Purchasing Department for our records. It should be addressed to the following:
Charles Crook CPPB
Brazoria County Purchasing_Agent
I Ti E. Locust, Bldg. A-29, Suite 100
Angleton, TX 77515
Thank you for your interest. in Brazoria County. If you have any questions, please do not hesitate to contact me.
Very truly yours,
Charles Crook CPPB
Brazoria County Purchasing Agent
Enclosure(s)
111 E. Locust Street, Bldg. A-29, Suite 100, Angleton, Texas 77515
Telephone (979)864-1825 or (281)756-1825 Fax (979)864-1034
RESOLUTION NO. R2005-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY
FOR COOPERATION IN THE PURCHASING OF VARIOUS
COMMODITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of Pearland
and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for ail purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the .City Secretary to attest an interlocal agreement with Brazoria County, for
cooperation in the purchasing of various commodities.
PASSED, APPROVED and ADOPTED this the 23rd day of May
A.D., 2005.
ATTEST:
TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY.
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
Resolution No. R2017-195
Exhibit "A"
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. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
Pearland Lumber Company, Inc.
2027 N. Main Street
Pearland, TX 77581
Contractor will provide Hardware Supplies and Materials as
needed in accordance with specifications of Brazoria County Bid
#16-20; City Council Resolution #R2017-195.
Unit Price Contract.
October 24, 2017
September 30, 2018
Three (3) one-year renewal options upon mutual agreement of
both parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PE RLAND
'Signed byte: // h
// Cit Ma ager
Assistant City Manager
Director
Program Manager
(24/4
Date
*Contract Signature Authority:
CONTRACTOR:
t�(4,,..) l -o U=5 V (CE" ell es
Title: �ftcr C?(LE 1 ram T
Date: «`(�-f
Program Manager 45,999 or Tess
Director - $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to
$50, 000
City Council Resolution - $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 thls
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 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.
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 response to Brazoria Count Bid #16-20 shall be construed as
additional contract documents.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of Services, Exhibit A.
Exhibit A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of providing Hardware Supplies and Materials as needed in
accordance with specifications of Brazoria County Bid #16-20 and Contractor's response to the
same, as listed below and City of Pearland, City Council Resolution #R2017-195.
PRODUCT DESCPRTION
DISCOUNT
Paint and Sundries
0 — 20%
Hand Tools
Plumbing & Electrical Supplies
Hardware & Fasteners
Lawn & Garden Supplies
Lumber & Building Materials
Millwork, Doors & Windows
Resoltution No. R2018-95
CITY OF PEARLAND
of `'E��, PUBLIC WORKS DEPARTMENT
Z
3501 Orange St.
T I k_ Pea rland,Texas 77581
��tiil�A�� www.cityofpearlandtx.gov
(sr. ,sq% CHANGE ORDER
For Pearland Parkway Waterline Extension
Date of Issuance: Mav 17, 2018 Change Order No: 1
Contractor: Texas Pride Utilities LLC BID#: 0516-41
PO#: 2018-00000273
Explanation:
This change order encompasses the following: Staff identified water quality issues affecting Town Lake
Estates and Oakbrook Estates subdivisions could be improved by looping a water line, which had been
planned, in the Pearland Parkway corridor. Texas Pride was used to expedite installation of this water
quality improvement waterline.
Description of Work Cost
1. Extended waterline to Oak Brook and Town Lakes subdivisions:$252,000
Cost& Time Change Summary: Cost Time
Original Contract: $100,000 N/A Days
Previous Change Order(s): $0 WA Days
Contract prior to this change order: $100,000 N/A Days
Net increase(decrease) from this change order: $252,000 N/A Days
Revised Contract: $352,000 N/A Days
Finance Approval: -� _ 43/P61• �
e Di or
ACCEPT k: APPROVED-
By: Date: 5. Z 3•I S By: Date:
Con for Owner
*Contractor agrees to perform change(s)included in this Change Order for the price and time indicated.The prices for changes included all costs associated
with this Change Order.
No work is to be done until this change order is executed.No payment to the Contractor(or Consultant)shall be made for work included in the change order
until the Contractor's pay estimate is updated.
Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent,this Change Order
governs.Upon execution by all parties,the following changes identified for the contract value and/or contract time shown,are made part of the contract.
Construction 1 of 1 Revised 7/08