R2018-040 2018-04-23RESOLUTION NO. R2018-40
A Resolution of the City Council of the City of Pearland, Texas, awarding a unit
supply contract for electrical services to Boyer Inc., in an amount not to
exceed $500,000.00, beginning April 30, 2018 through April 29, 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for electrical services were previously reviewed,
tabulated and awarded to DM Electrical.
Section 2. That the contract with DM Electrical was subsequently terminated because
DM Electrical was incapable of meeting the bonding requirements for the contract.
Section 3. That the City Council hereby awards a unit supply contract to Boyer Inc., in
the amount not to exceed $500,000.00.
Section 4. The City Manager or his designee is hereby authorized to execute a unit
supply contract for electrical services.
PASSED, APPROVED and ADOPTED this the 23rd day of April, A.D., 2018.
ATTEST:
Y NG Lejl ING, T
Y SE TARY
APPROVED AS TO FORM:
ARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2018-40
Bid # 1018-02
Title Electrical Services
Specification Responses
DM The Brandt Mid -West Boyer,
Electrical
Companies Electric Co
Inc.
EXHIBIT A
Grant
Electric, Inc.
Line Description UOM QTY
Unit
Unit
Unit
Unit
Unit
1
Master Electrician -
Standard Rate
Hour
30
$47.00
$105.91
$100.00
$95.00
$87.00
2
Master Electrician -
Emergency Rate
Hour
10
$60.00
$105.91
$200.00
$120.00
$87.00
3
Journeyman Electrician -
Standard Rate
Hour
1500
$38.00
$65.88
$71.00
$95.00
$87.00
4
Journeyman Electrician -
Emergency Rate
Hour
50
$55.00
$84.00
$110.00
$140.00
$87.00
5
Apprentice/Helper
Electrician - Standard
Rate
Hour
1400
$27.00
$41.75
$55.00
$35.00
$87.00
6
Apprentice/Helper
Electrician - Emergency
Rate
Hour
50
$36.00
$61.25
$81.00
$50.00
$87.00
7
Payment for Bonds and
Insurance
Each
1
$5,000.00
$3,375.00
2% of contract '
$4,000
$3,000
Percentage mark-up above your
company's cost for materials/supplies
5%
10%
15%
20%
40%
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract,
This (Contract)Contractis.'between: the .
made _ City of Pearland, Texas (City), and. Contractor
The City and Contractor agree to the terms and conditionsof 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
(.,Summary of POriliact Terms_.
'Contractor::
Description of Services;.,
Contract Type:'
Effective Date:
Termination Date:
Renewal:
Boyer, Inc.,
8904 Fairbanks N. Houston Rd
Houston, TX 77064
Contractor will, provide general electrical seances for City Facilities
Including Wastewater Treatment and Water Production plants, as.
'needed,' throughout the City of:Pearland, •e e ��=cificationsof
bid'; #1018-02, City Council Resoluti
Unit Price Contract Per. Items on Exhibi of to Exceed $500,000:;
4/30/2018: .
4/29/2019,
Two renewal options; available, uponthe mutual agreement of both`
parties:
IL `Signatures. 'By signing ;below, ,the parties agreeto-the terms ofithis Contract::
;:CITY PF PE LAND;
CONTRACTOR:
Title:.Mark L: Boyer; ,resid
'Date: April 24,2018 -
,.)City
City Mafiager`
1ASSistant City Manager
Director
Program Manager
*Contract Signature Authority: Program Manager45,999 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
t 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 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, eitherwritten 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 notes 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.
1. 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 attorneys 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 bid 1018-02 shall beconstrued 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).
3. Performance and Payment Bonds, both in the amount of $100,000.
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 shall consist of the contractor providing general electrical services for City Facilities
including Wastewater Treatment and Water Production plants, as needed, throughout the City of
Pearland, per the specifications of bid #1018-02; City Council Resolution #R2018-40. Pricing is as
follows per contractor's response to the same, as listed below:
es
Boyer Inc.
Estimated
Line Description UOM Qty
Unit Cost
1
Master Electrician - Standard Rate
Hour
30
$95.00
2
Master Electrician -_Emergency Rate
Hour
10
$120.00
3
Joumeyman Electrician - Standard Rate
Hour
• 1500
$95.00
4
Journeyman Electrician - Emergency Rate
Hour
50
$140,00
5
Apprentice/Helper Electrician - Standard Rate
Hour
1400
$35.00
6
Apprentice/Helper Electrician - Emergency Rate
Hour
50
$50.00
7
Payment for Bonds and Insurance
Each
1
$4,000.00
Percentage mark-up above your company's cost for materials/supplies
that will be passed on to the City of Pearland.
20%