R2019-107 2019-04-22 RESOLUTION NO. R2019-107
A Resolution of the City Council of the City of Pearland,Texas, renewing a unit
price bid (secondary contract) for repair services associated with HVAC
Systems and Ice Machines (City Facilities) to Fort Bend Mechanical, in the
estimated amount of$50,000.00, for the period beginning April 30, 2019 and
ending April 29, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded unit supply pricing for HVAC Systems and
Ice Machines repair services.
Section 2. That the City Council hereby renews a bid (secondary contract) with Fort
Bend Mechanical, in the unit supply amounts reflected in Exhibit "A" attached hereto.
Section 3. The City Manager or his designee is hereby authorized to renew a contract for
HVAC Systems and Ice Machines repair services.
PASSED, APPROVED and ADOPTED this the 22nd day of April, A.D., 2019.
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4441
TOM R ID
MAYOR
ATTEST:
G Livr,,., Rj,r ��. �\ y,
fYSEC - TARY
APPROVED AS TO FORM:
r34—,.... all_
DARRIN M. COKER
DEPUTY CITY ATTORNEY
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•
e• ,,f:. City of Pearland
. • . ..9 3519 Liberty Drive
. Pearland,TX 77581
P.Evkki-kN,D
T F X •\ S - -
FSr. isc)N 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 ofthefollowingparts:
I. : Summary of Contract Terms
IL Signatures
Standard ontractua Provisions
IV. Special Terms and Conditions
V. Additional'Contract Attachments
1. Summary of Contract Terms.
Contractor: Fort Bend Mechanical and Construction LLC
1380 Murphy Road
Stafford,TX 77497
Description of Services: Contractor will provide .repair services associated with HVAC.
Systems and Ice Machines(City, Facilities),for the City of Pearland,
per the specifications of bid #0218-25, City Council Resolution
#R2019-107.
Contract Type: Unit Price Contract, Estimated Amount of$50,000.
Effective Date: April 30, 2019 •
Termination Date: April 29, 2020
Renewal: One renewal option available, upon the mutual agreement of both
• parties.
II.Signatures. By signing below,'the parties agree to the terms of this Contract:
CITY OF - 'RLAND:; CO - 'CT 4 - . r
.i t/-ak i q "/ �
B•.•e •urchasing M eager Date 4 : r
/:. : Date: 1:MEE
* igned by .Date: ' 1;
City anagen
Assistant City.Manager
Director •
Superintendent/Manager
*Contract Signature Authority: Superintendent/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+
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Ill.Standard Contractual Provisions.
A. Definitions.
Contract means this:Standard Services Contract.
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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.
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C. Termination:Provisions:.
(1) City Termination for Convenience. Under this paragraph,the City may terminate
this Contract during itsterm 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;accordancewith this Contract to the date of termination: . •
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(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. Ifthe 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
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this Contract who is:sued by a third party for acts or omissions arising from this Contract to
bringin 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 noright 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 isnot 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 mediators 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. Any provision contained in the Contractors Additional Contract Documents:
that conflicts with this.Contract shall have no legal effect.
A. Contractor's Additional Contract Documents: .
1. The contractor's response to bid #0218-25 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.
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EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing repair services associated with HVAC
Systems and Ice Machines (City Facilities), for the City of Pearland, per the specifications of bid •
#0218-25, City Council Resolution#R2019-107. •
• Line Description UOM QTY UNIT PRICE
QUARTERLY PREVENTATIVE MAINTENANCE •
1. OP HVAC SYSTEMS :. . . 'PKG
1.1 .CENTENNIAL'PARK . QTRS 4 $516.79
1.2 • ANIMAL CONTROL CENTER QTRS .. 4 • $901.79 _
1.3 EMERGENCY MEDICAL SERVICE QTRS 4 $651:79 •
1.4 PARKS MAINTENANCE BLDG. QTRS 4 • $58929
• 1.5 :"FLEET DEPT. QTRS 4 $526.79'
1:6 PUBLIC WORKS ADMIN. QTRS 4 $1,151:79
1.7 PUBLIC WORKS ANNEX BLDG. . . . QTRS. : '- 4 $526.79
1.8 MELVIN KNAPP SENIOR CENTER QTRS 4 ; $776.79 -.
• 1.9 FIRE.STATION#1 QTRS 4 $58.9.29
ti10: :FIRE STATION#2 . _ .. . _. QTRS
4 $1,746.79
1.11 FIRE STATION#3 QTRS . 4 .: $2,246.75
1.12 FIRE STATION#4 QTRS 4 $651.79
• 1:13': FIRE/EMS ADMIN: : QTRS 4 $580.29
1.14 :PUBLIC SAFETY BUILDING QTRS 4 $1,401:79 •
• 1.15 RECREATION.CENTER'AND NATATORIUM QTRS : 4 $1,401.79
• 1.16 RECYCLING CENTER '. QTRS 4 :. $526.79 :
1:17 : CITY HALL
QTRS : 4 '... $651:79
1.18CITY HALL ANNEX QTRS • • 4 $562:79
. .. :1.19 TRAFFIC OPERATIONS-HILLHOUSE QTRS :' 4. . $901.79. =
1.20 TOM REID LIBRARY: QTRS 4 $901.79
1.21 WESTSIDE LIBRARY QTRS 4 $901.79
1:22 EMERGENCY COMMUNICATIONS BLDG. QTRS 4 $651.79.
PERCENT MARKUP FOR .
MATERIALS/SUPPLIES/PARTS QUARTERLY
PREVENTATIVE.MAINTENANCE FOR HVAC
• 1.23 EQUIPMENT QTRS ` 4 25%
QUARTERLY PREVENTATIVE MAINTENANCE
2
OF ICE MACHINES . ,. .. , .. .PKG-. . : .. .: .
• ICE MACHINES AND RELATED
REFRIGERATION EQUIPMENT,AT
I
2.1 CENTENNIAL PARK .. QTRS ' 4 $293.75
2.2 ICE MACHINE AT CITY HALL ANNEX •: ' QTRS '
4: $293.75. .
2.3 4 $293:75 ICE MACHINE AT FIRE STATION#1 QTRS .
2.4 ICE MACHINE AT FIRE STATION#2, UNIT#1 , QTRS • ' 4 $293.75
2.5 . ICE MACHINE AT FIRE STATION#2,UNIT#2 ' QTRS 4 '$293.75
2.6 :ICE MACHINE AT FIRE STATION#3,UNIT#1 QTRS 4 $293.75
.2.7 ICE MACHINE AT FIRE STATION#3, UNIT#2 QTRS 4 $293.75
2.8 ICE MACHINE AT FIRE STATION#4. • . QTRS. . ' 4 . . $293.75. . . ' •
2.9 ICE MACHINE AT FIRE STATION#5_ QTRS • 4 $293.75
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ICE MACHINES AND RELATED
• REFRIGERATION EQUIPMENT,AT KNAPP. .
210 CENTER QTRS 4 $293.75
ICE MACHINES AND RELATED •
REFRIGERATION EQUIPMENT,AT FIRE ADMIN.
2.11 :BLDG.
QTRS. 4 $293.75
ICE MACHINES AND RELATED
REFRIGERATION EQUIPMENT,AT PUBLIC
212 SAFETY BLDG. ... QTRS
4 $293.75
ICE MACHINES AND RELATED
REFRIGERATION EQUIPMENT,AT
2.13 RECREATION CENTER AND NATATORIUM QTRS 4 $293.75
ICE MACHINES AND RELATED
REFRIGERATION EQUIPMENT,AT VETERANS
2.14 SPORTS COMPLEX QTRS 4 $293.75. •
PERCENT MARKUP FOR
MATERIALS/SUPPLIES/PARTS QUARTERLY
PREVENTATIVE MAINTENANCE FOR ICE'.
2.15 MACHINES. QTRS 4 25%
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• - HOURLY RATE FOR REPAIRS TO.ICE
MACHINES AND.RELATED.REFRIGERATION
3':' EQUIPMENT' HOUR
UR 1 $62.50
•REPAIRS:.HVAC Services for.all locations • ••
excluding the Recreation Center and Natatorium
4.. . location.Note;•any quantitieslisted are.estimates. . PKG :1 . . ..
4.1 .: .Technician-Standard Hourly Rate EA 300 $62.50
4.2 Helper-Standard Hourly Rate EA 50 $52.00
Percent mark-up for materials/supplies/parts,
based on an annual spend of approximately •
4.3 .: .$50,000. .. EA 50,000 . : . 25%
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a
• Technician Emergency Repair Rate(Rate which.
4.4 will be chargedafter standard business.hours): .:. EA 75 .: $93.75 .:
Helper Emergency Repair Rate(Rate which will be
4.5 charged after standard business hours). EA .50 $78.00
Minimum charge per call out for emergency repairs •
4.6 (after hours only). EA : 1 $93.75•
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