R2019-111 2019-04-22 RESOLUTION NO. R2019-111
A Resolution of the City Council of the City of Pearland, Texas, awarding a
general service contract, through an interlocal cooperative purchasing
agreement with the City of Sugarland,for street sweeping services to Kustom
Cleaning, in the estimated amount of $69,285.00, beginning April 30, 2019
through April 29, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That cooperative pricing has been obtained through a purchasing interlocal
agreement with the City of Sugarland.
Section 2. That the City Council hereby awards a general service contract to Kustom
Cleaning, in the estimated amount of$69,285.00.
Section 3. The City Manager or his designee is hereby authorized to execute a general
service contract for street sweeping services.
PASSED, APPROVED and ADOPTED this the 22nd day of April, A.D., 2019.
Vei.a
TOM REID
MAYOR
ATTEST:
Y S- ETARY `�
APPROVED AS TO FORM:
arii-----
DARRIN M. COKER
CITY ATTORNEY
City of Pearland
�y 3519 Liberty Drive
- ° .Q Pearland, TX 775.81
;PEr.
sr, ,fl4 a 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. symmery of Contract Terms
II. Signatures:
Ill. Standard Contractual Provisions
IV Special Terms and Conditions
V: Additional Contract Attachments:..
I. Summary:of Contract Terms. .
Contractor: Kustom.Sweeping, LLC
PO Box-530591
TX 77258
Description of Services: Contractor will provide street. sweeping services, for the City of
Pearland, per the interlocal cooperative purchasing agreement with
the City. of Sugarland utilizing the specifications of contract ITB
2p16-31, City of Pearland Council Resolution R2019-111,
Contract Type` Unit Price contact, Estimated Amount of$69,285.;
Effective Date: April 30,;2019 :
Renewal,:Termination Date
l April 29,2020 .
l Two renewal options available, upon the:mutual agreement of broth
parties.
II:Signatures..=By signing-.below, the.parties agree to the terms of this Contract.'
CITY;OF PEARLA D:
f :CONTRACTOR:
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Gd e 9: g
g.,tlPurchasin Mana er pa e• Title: .
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: "Sig‘,/i
ed by a ate: _/:4
City anger...
Assistant City Manager
Director
Superintendent/Manager
• *Contract Signature Authority: Superintendent/Manager-$5,999 orless
Director -$6,000 to_$30,000
City Manager/Assistent CityManagers $30;001 to$50,000
.
City Council Resolution $50,000+:.
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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 termsof this Contract, but all payments to
be made by the City to Contractor, including the time of payment and the payment of interest
. P Y
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 byg written notice to Contractor. If the City terminates
9iving
this Contract under this paragraph, the will paythe Contractor for; all'services
City .
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default: Either party to this Contract may tenhinate,this Contract
as provided in this paragraph if the other party fails to comply with its terms. The
partyalleging 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 theother party, specifying the date of termination..
Termination of this Contract under this paragraph does not affect the right of either
party toseek 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 '
Y ty' years following the city's fiscal year in which this Contract
becomes; effective and the City fails toappropriate funds to make any.required
Contract payment ment 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, I ss', 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 a in o-
p y g any claim„suit, or judgmentfor 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 bya thirdparty;for acts_ or omissions arising from this,Con
a
bring in the other party to this Contract as a third-party defendant as allowed by: law. tr
ct to
E Assignment The Contractor shall not assign:this Contract without the prior written •
consent of the City:
F. Law Governmq 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 Brazor a 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 shallP erform 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 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 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 whowill 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: Any provision contained in the Contractor's 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 the,City 9 of:Su gr and ITB,201.5-31 :Street Sweeping
Services shall be construed at additional contract documents: ..
2 Executed Contractor Insurance Requirements & Agreement (required insurance.
certificate[s]shall be inpossession 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 street sweeping services, for the City.of
Pearland, per the interlocal,cooperative purchasing agreement with the City of Sugarland utilizing
the specifications of contract ITB 20'15-31, City of Pearland Council Resolution R2019-111:
Item Description
P Unit Price,Per Curb Mile
Emergency Cleaning/Hourly
.$300.00
Freeway Sweeping Main Lanes, Ramps, . $62.00
and Intersections
Street Sweeping Per:Curb Mile $62:00
Storm Drain Cleaning/Hourly ` -$225:00
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