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R2018-202 2018-10-22 RESOLUTION NO. R2018-202 A Resolution of the City Council of the City of Pearland,Texas,renewing a unit cost bid with Lone Star Pavement Services, LLC.,for road striping services,in an amount not to exceed of$250,000.00, for the period of November 1, 2018 through October 31, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby renews a unit supply contract with Texas Lone Star Pavement Services LLC., at the unit price amount reflected in Exhibit "A" attached hereto. Section 2. The City Manager or his designee is hereby authorized to execute a contract for road striping services. PASSED, APPROVED and ADOPTED this the 22nd day of October, A.D., 2018. • ...),PkiV 3-t-)2 TOM REID MAYOR ATTEST: i 4414.11,2% 1\'1G / I N ':%1M5f ftti: 1, \VS Y SE -ETARY •*•.......• APPROVED AS TO FORM: 22,-L- Weo DARRIN M. COKER CITY ATTORNEY EXHIBIT A-BID TABULATION Bid No. 0716-47 Title Annual Contract for Road Striping Services 2016 2017-W/Price Decreases Lone Star Lone Star Pavement Specification Responses Pavement Services Services Line Description UOM QTY Unit 1 ROAD STRIPING SERVICES-PAINT PKG 4"SOLID OR BROKEN WHITE LINE(PAINT)-MATERIAL COST PER 1.1 LINEAR FOOT LF 1 $0.114 $0.11 4"SOLID OR BROKEN WHITE LINE(PAINT)-LABOR COST PER 1.2 LINEAR FOOT LF 1 $0.0719 $0.07 4"SOLID OR BROKEN YELLOW LINE (PAINT)-MATERIAL COST PER 1.3 LINEAR FOOT LF 1 $0.114 $0.11 4"SOLID OR BROKEN YELLOW LINE(PAINT)-LABOR COST PER 1.4 LINEAR FOOT LF 1 $0.0719 $0.07 1.5 8"SOLID WHITE LINE(PAINT)-.MATERIAL COST PER LINEAR FOOT LF 1 $0.86 $0.86 1.6 8"SOLID WHITE LINE(PAINT)-LABOR COST PER LINEAR FOOT LF 1 $0.124 $0.12 1.7 FOOT LF 1 $0.6169 $0.61 1.8 12"SOLID WHITE LINE(PAINT)-LABOR COST PER LINEAR FOOT LF 1 $0.411 $0.41 1.9 FOOT LF 1 $1.23 $1.23 1.10 24"SOLID WHITE LINE(PAINT)-LABOR COST PER LINEAR FOOT LF 1 $0.82 $0.82 6"LANE LINE SHADOW PAINT(8 FOOT WHITE/8 FOOT BLACK)- 1.11 MATERIAL COST PER LINEAR FOOT LF 1 $0.27 $0.27 6"LANE LINE SHADOW PAINT(8 FOOT WHITE/8 FOOT BLACK)- 1.12 LABOR COST PER LINEAR FOOT LF 1 $0.18 $0.18 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.13 COST PER LINEAR FOOT-4"Line LF 1 $0.514 $0.45 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.14 COST PER LINEAR FOOT-6"Line LF 1 $0.60 $0.60 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.15 COST PER LINEAR FOOT-8"Line LF 1 $0.75 $0.70 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.16 COST PER LINEAR FOOT-12"Line LF 1 $1.50 $1.25 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.17 COST PER LINEAR FOOT-24" Line LF 1 $2.50 $2.00 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.18 COST PER LINEAR FOOT for Arrow or Words LF 1 $50.00 $50.00 1.19 WHITE ARROW (PAINT)-MATERIAL COST EA 1 $33.00 $33.00 1.20 WHITE ARROW (PAINT)-LABOR COST EA 1 $22.00 $22.00 1.21 ONLY LEGEND(PAINT)-MATERIAL COST EA 1 $33.00 $33.00 1.22 - . ONLY LEGEND(PAINT)-LABOR COST EA 1 $22.00 $22.00 RAILROAD CROSSING LEGEND COMPLETE(PAINT)-MATERIAL 1.23 COST EA 1 $123.36 $123.36 1.24 RAILROAD CROSSING LEGEND COMPLETE(PAINT)-LABOR COST EA 1 $82.24 $82.24 1.25 SCHOOL ZONE LEGEND(PAINT)-MATERIAL COST EA 1 $46.26 $46.26 1.26 SCHOOL ZONE LEGEND (PAINT)-LABOR COST EA 1 $30.84 $30.84 2 ROAD STRIPING SERVICES-THERMO-PLASTIC PKG 4"SOLID OR BROKEN WHITE LINE(THERMO-PLASTIC)-MATERIAL 2.1 COST PER LINEAR FOOT •LF 1 $0.37 $0.37 4"SOLID OR BROKEN WHITE LINE(THERMO-PLASTIC)-LABOR 2.2 COST PER LINEAR FOOT LF 1 $0.246 . $0.24 4"SOLID OR BROKEN YELLOW LINE(THERMO-PLASTIC)- 2.3 MATERIAL COST PER LINEAR FOOT LF 1 $0.37 $0.37 4"SOLID OR BROKEN YELLOW LINE(THERMO-PLASTIC)-LABOR 2.4 COST PER LINEAR FOOT LF 1 $0.246 $0.24 8"SOLID WHITE LINE(THERMO-PLASTIC)-MATERIAL COST.PER 2.5 LINEAR FOOT LF 1 $0.431 $0.43 8"SOLID WHITE LINE(THERMO-PLASTIC)-LABOR COST PER 2.6 LINEAR FOOT LF _ 1 . $0.287 $0.28 12"SOLID WHITE LINE(THERMO-PLASTIC)-MATERIAL COST PER 2.7 LINEAR FOOT LF 1 ' $0.86 $0.86 Lone Star Lone Star Pavement Specification Responses Pavement Services Services 12"SOLID WHITE LINE(THERMO-PLASTIC)-LABOR COST PER 2.8 LINEAR FOOT LF 1 $0.575 $0.57 24"SOLID WHITE LINE(THERMO-PLASTIC)-MATERIAL COST PER 2.9 LINEAR FOOT LF 1 $1.788 $1.78 24"SOLID WHITE LINE(THERMO-PLASTIC)-LABOR COST PER 2.10 LINEAR FOOT LF 1 $1.19 $1.19 2.11 WHITE ARROW(THERMO-PLASTIC)-MATERIAL COST EA 1 $60.00 $60.00 2.12 WHITE ARROW(THERMO-PLASTIC)-LABOR COST EA 1 $40.00 $40.00 2.13 ONLY LEGEND (THERMO-PLASTIC)-MATERIAL COST - EA 1 $75.00 $75.00 2.14 ONLY LEGEND (THERMO-PLASTIC)-LABOR COST EA 1 $50.00 $50.00 RAILROAD CROSSING LEGEND COMPLETE(THERMO-PLASTIC)- 2.15 MATERIAL COST EA 1 $77.10 $77.10 RAILROAD CROSSING LEGEND COMPLETE(THERMO-PLASTIC)- 2.16 LABOR COST EA 1 $51.40 $51.40 2.17 SCHOOL ZONE LEGEND(THERMO-PLASTIC)-MATERIAL COST EA 1 $74.01 $74.01 2.18 SCHOOL ZONE LEGEND(THERMO-PLASTIC)-LABOR COST EA 1 $49.34 $49.34 3 TRAFFIC BUTTON/MARKER PKG - 3.1 REMOVAL OF TRAFFIC BUTTONS/MARKERS EA 1 $1.00 $1.00 3.2 SUPPLY AND INSTALL ONE SIDED REFLECTOR ON CONCRETE EA 1 $5.25 $5.25 3.3 SUPPLY AND INSTALL ONE SIDED REFLECTOR ON ASPHALT EA 1 $4.00 $4.00 3.4 SUPPLY AND INSTALL TWO SIDED REFLECTOR ON CONCRETE EA 1 $5.25 $5.25 3.5 SUPPLY AND INSTALL TWO SIDED REFLECTOR ON ASPHALT EA 1 $4.00 $4.00 $956.1607 $955.24 R2O18-202 pe 4)! ° City of Pearland pi,itkadi 3519 Liberty Drive f3, Pearland, TX 77581 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. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Lone Star Pavement Services, Inc. 27045 Hanna Road Conroe, TX 77385 Description of Services: Contractor will provide Road Striping Services for the City of Pearland, as needed, per the specifications of bid #0716-47; City Council Resolution #R2018-202. Contract Type: Unit Price Contract, Not to Exceed $250,000. Effective Date: November 01, 2018 Termination Date: October 31, 2019 Renewal: No renewals available. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY PEARLAND: CONTRACTOR: udgeUProcurement Manager Date Title: P/cE�i OFlrit Date: ,Jovc.1G-P-x *Sigr}ed by: Da : ✓City Manager ot��SJ Assistant City Manager 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 Resolution - $50,000+ Ill. 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 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 bid#0716-47 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 shall consist of the contractor providing Road Striping Services for the City of Pearland,as needed, per the specifications of bid#0716-47, City Council Resolution#R2018-202. Pricing is as follows per contractor's response to the same, as listed below: Bid No. 0716-47 Title Annual Contract for Road Striping Services 2016 2017-W/Price Decreases Lone Star Lone Star Pavement Specification Responses Pavement ServicesSem Line Description UOM QTY Unit 1 ROAD STRIPING SERVICES-PAINT PKG 4"SOLID OR BROKEN WHITE LINE (PAINT)-MATERIAL COST PER 1.1 LINEAR FOOT LF 1 50.114 $0.11 4"SOLID OR BROKEN WHITE LINE(PAINT)-LABOR COST PER 1.2 LINEAR FOOT LF 1 50.0719 S0.07 4"SOLID OR BROKEN YELLOW LINE(PAINT)-MATERIAL COST PER 1.3 LINEAR FOOT LF 1 $0.114 $0.11 4"SOLID OR BROKEN YELLOW LINE (PAINT)-LABOR COST PER 1.4 LINEAR FOOT LF 1 $0.0719 $0.07 1.5 8"SOLID WHITE LINE(PAINT)-MATERIAL COST PER LINEAR FOOT LF 1 S0.86 $0.86 1.6 8"SOLID WHITE LINE (PAINT)-LABOR COST PER LINEAR FOOT LF 1 $0.124 $0.12 1.7 FOOT LF 1 50.6169 $0.61 1.8 12"SOLID WHITE LINE (PAINT)-LABOR COST PER LINEAR FOOT LF 1 $0.411 $0.41 1.9 FOOT LF 1 51.23 $1.23 1.10 24"SOLID WHITE LINE (PAINT)-LABOR COST PER LINEAR FOOT LF 1 $0.82 $0.82 6"LANE LINE SHADOW PAINT(8 FOOT WHITE/8 FOOT BLACK)- 1.11 MATERIAL COST PER LINEAR FOOT LF 1 $0.27 $0.27 6"LANE LINE SHADOW PAINT(8 FOOT WHITE/8 FOOT BLACK)- 1.12 LABOR COST PER LINEAR FOOT LF 1 $0.18 $0.18 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.13 COST PER LINEAR FOOT-4"Line LF 1 50.514 $0.45 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.14 COST PER LINEAR FOOT-6"Line LF 1 $0.60 $0.60 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.15 COST PER LINEAR FOOT-8" Line LF 1 $0.75 $0.70 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.16 COST PER LINEAR FOOT-12"Line LF 1 $1.50 $1.25 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.17 COST PER LINEAR FOOT-24"Line LF 1 $2.50 $2.00 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING-LABOR 1.18 COST PER LINEAR FOOT for Arrow or Words LF 1 $50.00 $50.00 1.19 WHITE ARROW (PAINT)-MATERIAL COST EA 1 $33.00 $33.00 1.20 WHITE ARROW (PAINT)-LABOR COST EA 1 $22.00 $22.00 1.21 ONLY LEGEND(PAINT)-MATERIAL COST EA 1 $33.00 $33.00 1.22 ONLY LEGEND(PAINT)-LABOR COST EA 1 $22.00 $22.00 RAILROAD CROSSING LEGEND COMPLETE (PAINT)-MATERIAL 1.23 COST EA 1 $123.36 $123.36 1.24 RAILROAD CROSSING LEGEND COMPLETE (PAINT)-LABOR COST EA 1 582.24 $82.24 1.25 SCHOOL ZONE LEGEND(PAINT)-MATERIAL COST EA 1 $46.26 $46.26 1.26 SCHOOL ZONE LEGEND(PAINT)-LABOR COST EA 1 $30.84 $30.84 2 ROAD STRIPING SERVICES-THERMO-PLASTIC PKG 4"SOLID OR BROKEN WHITE LINE (THERMO-PLASTIC)-MATERIAL 2.1 COST PER LINEAR FOOT LF 1 $0.37 $0.37 4"SOLID OR BROKEN WHITE LINE (THERMO-PLASTIC)-LABOR 2.2 COST PER LINEAR FOOT LF 1 50.246 $0.24 4"SOLID OR BROKEN YELLOW LINE(THERMO-PLASTIC)- 2.3 MATERIAL COST PER LINEAR FOOT LF 1 $0.37 $0.37 4"SOLID OR BROKEN YELLOW LINE(THERMO-PLASTIC)-LABOR 2.4 COST PER LINEAR FOOT LF 1 50.246 $0.24 8"SOLID WHITE LINE (THERMO-PLASTIC)-MATERIAL COST PER 2.5 LINEAR FOOT LF 1" 50.431 $0.43 8"SOLID WHITE LINE (THERMO-PLASTIC)-LABOR COST PER 2.6 LINEAR FOOT LF 1 50.287 $0.28 12"SOLID WHITE LINE (THERMO-PLASTIC)-MATERIAL COST PER 2.7 LINEAR FOOT LF 1 $0.86 $0.86 Lone Star Lone star Pavement Specification Responses Pavement Services Services 12"SOLID WHITE LINE (THERMO-PLASTIC)-LABOR COST PER 2.8 LINEAR FOOT LF 1 S0.575 $0.57 24"SOLID WHITE LINE(THERMO-PLASTIC)-MATERIAL COST PER 2.9 LINEAR FOOT LF 1 $1.788 $1.78 24"SOLID WHITE LINE(THERMO-PLASTIC)-LABOR COST PER 2.10 LINEAR FOOT LF 1 $1.19 $1.19 2.11 WHITE ARROW(THERMO-PLASTIC)-MATERIAL COST EA 1 $60.00 $60.00 2.12 WHITE ARROW(THERMO-PLASTIC)-LABOR COST EA 1 $40.00 $40.00 2.13 ONLY LEGEND(THERMO-PLASTIC)-MATERIAL COST EA 1 $75.00 $75.00 2.14 ONLY LEGEND(THERMO-PLASTIC)-LABOR COST EA 1 $50.00 $50.00 RAILROAD CROSSING LEGEND COMPLETE (THERMO-PLASTIC)- 2.15 MATERIAL COST EA 1 $77.10 $77.10 RAILROAD CROSSING LEGEND COMPLETE(THERMO-PLASTIC)- 2.16 LABOR COST EA 1 $51.40 $51.40 2.17 SCHOOL ZONE LEGEND(THERMO-PLASTIC)-MATERIAL COST EA 1 $74.01 $74.01 2.18 SCHOOL ZONE LEGEND(THERMO-PLASTIC)-LABOR COST EA 1 $49.34 $49.34 3 TRAFFIC BUTTON/MARKER PKG 3.1 REMOVAL OF TRAFFIC BUTTONS/MARKERS EA 1 $1.00 $1.00 3.2 SUPPLY AND INSTALL ONE SIDED REFLECTOR ON CONCRETE EA 1 $5.25 $5.25 3.3 SUPPLY AND INSTALL ONE SIDED REFLECTOR ON ASPHALT EA 1 $4.00 $4.00 3.4 SUPPLY AND INSTALL TWO SIDED REFLECTOR ON CONCRETE EA 1 $5.25 $5.25 3.5 SUPPLY AND INSTALL TWO SIDED REFLECTOR ON ASPHALT EA 1 $4.00 $4.00 $956.1607 $955.24