R2018-230 2018-12-10 RESOLUTION NO. R2018-230
A Resolution of the City Council of the City of Pearland,Texas,awarding a unit
supply contract for the supply of traffic signs and related materials to
Municipal Signs, Inc., in an amount not to exceed$112,500.00,for the period of
December 17, 2018 through December 16, 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City obtained bids for the supply of traffic signs and related materials.
Section 2. That the City Council hereby awards a contract to Municipal Signs, Inc., in an
amount not to exceed $112,500.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the supply of traffic signs and related materials.
PASSED, APPROVED and ADOPTED this the 10th day of December, A.D., 2018.
akil al'P
TOM R ID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
ARRIN M. COKER
CITY ATTORNEY
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-1 City. of Pearland
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T F X 4 S 3519 Liberty.Drive
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eneral 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. Sumaty of Contract Terms.
II. Si natures
III. :Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attach ments -
1,-Summary of Contract Terms:
Contractor: Smith Municipal Supplies
5567 Maudlin St
Houston, TX 77087
Description of Services: Contractor will provide traffic signs and related materials for the City of
Pearland, as needed, per the specifications of bid#0918-68,City Council
Resolution#R2018-230.
Contract Type: Unit Price.Contract, Not to Exceed$112,500.
Effective Date• :• December 17, 2018
Termination Date: December 16;2019
Renewal: Two(2) renewal options available, upon the mutual agreement of both
parties.
II. Signatures. Bysigning below, the parties agree to the terms of this Contract:
CITY 0-PEARLAND: CONTRACTOR:,
� _ ��_ ,IJ/._ 1, _ i� .
poiget/Pre: urement Manager Date Title Gpene ► 11aho �•✓
/ ,Date: 12.//4/208:
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*S' Ped b • Date: /Z^ /6-4__
City Manager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority: Program Manager-$5,999-or less
Director-$6;000 to $80,009
City Manager/Assistant City Managers-$30,001 to$50,000.
City Council:Resolution_"$50,000+
Page-1 of 5
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 anytime 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 dateof 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 defaultwill 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 Oure 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 debtinstruments 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
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City..
F. Law Governing and Venue. This Contract is;governed bythe law of the_State of Texas and a
{ r lawsuit may only ber prosecuted on this Contract in a court of competent jurisdiction located in or
having jurisdiction jn Brazoria County,Texas
G. Entire.Contract. This Contract represents the entire Contract between the;Cityand 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 bothparties:
H:.Independent`Contra-dor..Contractorshall perform the work under this Contract as an independent
contractor and not es an em to ee of the Ci The Ci has no tight -.
P Y !ty. ty. � 'i ht to supervise,direct,or:control the
Contractor or Contractor's officers or employees in the means, method's; 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 take proper care"and precautions to insure the safety of Contractors
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 egreetotry in good faith,before bringing any legal:action,ito settle
the dispute by submitting the matter to mediation before a third
�. party who will be selected by
agreement of the parties Theparties will each pay one=half,of the mediator's fees.
J Attortiey's Fees Should either partyto this Contract bring suit against the other party forbreach 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"cult:
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 orConditions None.
•V Additional Contract Documents. The following specified documents attached to this Contract are partof
this;Contract, except as follows any provision contained in any,of the Contractor's Additional-Contract
Documents"specified below thatconflicts with a Contract provision not includedin the Contractor's Additional
Contract Documents, does not apply to this Contract: •
A. Contractor's Additional Contract Documents:.
1 The contractor'§ response to bid #0918-68 :shall be _construed as additional contract
documents.
2 Executed Contractor Insurance Requirements&Agreement(required:"insurance:certificate[s]
shall bo in.possession of City et actual commencement of work):
B. City's Additional Contract Documents:
1. 'Scope of Services as listed`.on the attached:
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1
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services Shay consist of the contractor providing traffic signs and related materials for the City of
Pearland, as needed, per the specifications of bid#0918-68;City Council Resolution#R2018- 30. Pricing is
as follows per contractor's response to the same,as listed below:
Smith Municipal Supplies
EST.
• Line Desaription U011.11 'CITY Unit Cost
I Completed Signs Standard MUTCD Legendnag",z0k6;:,
9 x24 Avery Prismatic White/Green EC, .125 Aluminum,
Apply Customer's Date Sticker to Signs Upper/Lower Case
1.1 Letters,Street Signs. • . EA 50 $31.14
9 x 30 Avery Prismatic White/Green EC, .125 Aluminum,
Apply Customer's Date Sticker to Signs, Upper/Lower Case
1.2 Letters;Street Sighs EA 50 $38.73
9 x 36 Avery Prismatic White/Green EC,.125 Aluminum,
Apply Customer's Date Sticker to Signs Upper/Lower Case
1.3 Letters,Street Signs EA 750 :$46.16
9 x42 Avery Prismatic White/Green EC, .125 Aluminurh,
Apply Customer's Date Sticker to Signs, Upper/Lower Case
lA Letters,Street Signs _ EA 125 $64.01
9 x48 Avery Prismatic White/Green EC, .125 Aluminum,
Apply Customer's Date Sticker to Signs Upper/Lower Case
1.5 Letters,Street Signs EA 150 $61.69
9 x54 Avery Prismatic White/Green EC .125 Aluminum
Apply Customer's Date Sticker to Signs, Upper/Lower Case '
1.6 :Letters,Street Signs EA _ 150 $6944 .
9 x 60 Avery Prismatic White/Green EC, .125 Aluminum,
Apply Customers Date Sticker to Signs Upper/Lovirer Case
1.7 Letters,Street Signs EA 75 $77.10
9 x 66.Avery Prismatic White/Green EC, .125 Aluminum,
Apply Customer's Date Sticker to Signs, Upper/Lower Cate
1.8 Letters,Street Signs ' EA 50 $85.91
9 x72 Avery Prismatic White/Green EC,.125 Aluminuen,
Apply Customer's Date Sticker to Signs Upper/Lower Case
1.9 Letters,Street Signs EA 50 $93.63
1.10 48"Yield Sign,Avery Prismatic White EA 1 $117.71
1.11 48 x 48 Avery Prismatic White or Yellow/Sign Face EA 1 $122.90
1.12 , '24 x 30 Avery Prismatic White or Yellow/Sign Face EA 250 $45.46
1.13 24-k 36 Avery Prismatic White oe YelloW/Sign Face EA 25 $54.84
1.14 SO x 36 Avery Prismatic White or Yellow/Sign Face EA 1 $68.01
115 30 x 30 Avery Prismatic White or YellOw/Sign Face EA 150 $57.07
1.16 24 x48 Avery Prismatic White or Yellow/Sign Face EA 50 $73.04
117 24 x 24 Avery Prismatic White or Yellow/Sign Face EA 1 .$36.35
1.18 18 x 24 Avery Prismatic White or Yellow/Sign Face , EA 1 I$27.41
1.19 18 x 18 Avery Prismatic White or Yellow/Sign Face EA • 1 $2040
120 6 x 18 Avery Prismatic White or Yellow/Sign Face EA 100 $10.04
:1.21 30"Avery Prismatic Stop Signs - EA 600 659.54
SQ
1.22 Charge per square foot for Custom Signs FT '1 $0.00
Reface signs-Standard MUTCD Legend PKG 1
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Hourly cost to pick up customers used signs;sort re-
useable blanks and scrap blanks;store re-useable blanks
2.1 for future reface;take scrap blanks to scrap yard HR 1 $0.00
Percentage of scrap dollars collected to be returned to the
2.2 City of Peal-land EA 85
3;:!,,,,,,,-`•.:All rdfacersignsare aPPliedlo!..City:of,Paarlan4;siga,blanks: :`PKG-2- ,.,-- 'A :'L:-':,:-, -f::;7
3.1 48"Yield Signs EA '1 $63.50
3.2 48 x48 Avery Prismatic White or Yellow/Sign Face EA 1 $77.29
3.3 24 x 30 Avery Prismatic White,or Yellow/Sign Face EA 1 $31.15
3.4 24.x 36 Avery Prismatic White or Yellow/Sign Face EA 1 $37.53
3.5. 30 x 36 Avery Prismatic White or Yellow/Sign Face EA 1 $46.62
3.6 30 x 30 Avery Prismatic White or Yellow/Sign Face EA 1 $39.06
3.7 24 x48 Avery Prismatic White or Yellow/Sign Face. EA 1 $49.99
3.8 24 x 24 Avery Prismatic White or Yellow/Sign Face EA 1 $24.91
3.9 18 x 24 Avery Prismatic White or Yellow/Sign Face EA 1 $18.76
3.10 18 x 18Avery Prismatic White or Yellow/Sign Face EA 1 $13.99
3.11 6 x 18 Avery Prismatic White or Yellow/Sign Face EA 1 $7.34
3.12 30"Avery Prismatic Stop Signs EA 500 $41.23
• SQ
3:13 Charge per square foot for Custom Signs FT 1 $0.00
--.4.•- f ;Hardware-f ,', , , -:'-: ,, --.. ,J::_,..,, -- :i- - ..,- .,=PKO,
4.1 12"Flat Blade Crosses,90 Degree EA 750 $1281
42 12"Flat Blade Caps,for 2-3/8"Posts' EA 750 $12.81
4.3 2-3/8"Round Posts Floor Flange w/Hardware - EA 1 $29.00
4.4 3"O.D. Post Adapter to 2-3/8"Posts EA 1 $9.23.
4.5 • Custom Alert Flag Brackets EA 1 $28.94
&',',,,I.•' Miscellaneous Items - , -.' :,. ::,-: ' '-.,-3 4.-'Z '::: :•:.'.YPKG-,, :,-= -!:,-r.:,
5.1 18 x18 Safety Flags EA 25 $5.55
5.2 21"x 9"Time Change Decals,White/Black EA 250 $4.00
5.3 Change lettering oh customer's 4x 8'Informational Sign EA 1 $15.00
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