R2019-108 2019-04-22RESOLUTION NO. R2019-108
A Resolution of the City Council of the City of Pearland, Texas, renewing a unit
price bid for Quarterly Preventative Maintenance and Repairs associated with
HVAC Systems and Ice Machines (City Facilities) with The Lee Thompson
Company, in the estimated amount of $208,877.00, 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 a unit supply bid for HVAC Systems and Ice
Machines repair and maintenance services.
Section 2. That the City Council hereby renews a bid with The Lee Thompson Co., 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 and maintenance services.
PASSED, APPROVED and ADOPTED this the 22nd day of April, A.D., 2019.
ATTEST:
=v
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
�V
TOM REID
MAYOR
of Fearl .n.d
3519 Liberty Drive:
• 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:
Description of.'Services
Contract Type:
Effective. Date:
Termination Date:
Renewal: •
The Lee.Thompson Company
1718 Elm_view.Dr.
Houston, TX 7707.7
Contractor will provide, quarterly preventative maintenance and .. .
repairs associated with HVAC Systems and Ice Machines (City
Facilities) for the City of Pearland, per the specifications of bid
#021:8-25, City Council Resolution #R2019-:108. -
Unit Price Contract, .Estimated Amount of $208 877 00.
April 30, 2019
April 29, 2020:
One renewal options available, upon the mutual agreement of both
parties._
It. Signatures. By; signing below, the parties agree_to the terms of thiisContract:
CITY.` OF PEARLAND
'Date: '- _Z3 -0
Manager
Assistant- City Manager
Director
Superintendent/Manager
*.Contract Signature Authority
CONTRACTOR:
Title:Pred..44"'_;
Superintendent/Manager -$5_ 999 or less_
Director - .$6 000 to.$30,00.0
City Manager/Assistant City Managers '$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 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 wider: this paragraph, the City will pay the Contractor forall 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 tomake 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.
yearof the Contract for. which the City has not appropriatedfunds 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 . =
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. Attornev'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 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.
Line Items
Line Description
1.1
CENTENNIAL PARK
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the. contractor providing quarterly preventative maintenance and
repairs associated with HVAC Systems and Ice Machines (City Facilities) for the City of. Pearland,
per the specifications of bid #0218-25; City Council Resolution#R2019-108. Pricing is as follows
per contractor's response to the same, as listed below:
The Lee
Thompson
Company
UOM QTY
QTRS
4
Unit
$129.00
1.2
ANIMAL CONTROL CENTER
QTRS
4
$398.00
1.3
EMERGENCY MEDICAL SERVICE
QTRS
4
$378.00
1.4
PARKS MAINTENANCE BLDG.
QTRS
4
$139.00
1.5
FLEET DEPT..
QTRS
4
$112.00
1.6
PUBLIC WORKS ADMIN.
QTRS
4
$498.00
1.7
PUBLIC WORKS ANNEX BLDG.
QTRS
4
$139.00
1.8
MELVIN KNAPP SENIOR CENTER
QTRS
4
$520.00
1.9
FIRE STATION #1
QTRS
4
$139.00
1.10
FIRE STATION #2
QTRS..
4
$1,159.00
1.11
FIRE STATION #3
QTRS
4
$1,159.00
1.12
FIRE STATION #4
QTRS
•4
$324.00
1.13
FIRE/EMS ADMIN.
QTRS
4
$479.00
1.14
PUBLIC SAFETY BUILDING
QTRS.
4.
$2,798.00
1,15
RECREATION CENTER AND NATATORIUM
QTRS
4
$0.00
1.16
RECYCLING CENTER
QTRS
4
$112.00
1.17.
CITY HALL
QTRS
4
$679.00
1.18
CITY HALL ANNEX
QTRS
4
$249.00
1.19.
TRAFFIC OPERATIONS - HILLHOUSE
QTRS
4
$439.00
1.20
TOM REID LIBRARY
QTRS
4
$682.00
1.21
WESTSIDE LIBRARY
QTRS.
4
$719.00
1.22
EMERGENCY COMMUNICATIONS BLDG.
QTRS
4
$239.00
1.23
2.1
PERCENT MARKUP FOR MATERIALS/SUPPLIES/PARTS
QUARTERLY PREVENTATIVE MAINTENANCE FOR HVAC
EQUIPMENT
ICE MACHINES AND RELATED REFRIGERATION EQUIPMENT,
AT CENTENNIAL PARK
QTRS
QTRS
4-
4
. 35%
$468.00
2.2
ICE MACHINE AT CITY HALL ANNEX
QTRS
4
$429.00
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ICE MACHINE AT FIRE STATION tt1
QTRS.
4
2.4
2.5
2.6
2.7
ICE MACHINE AT FIRE STATION #2, UNIT #1
ICE MACHINE AT FIRE STATION #2, UNIT #2
ICE MACHINE AT FIRE STATION #3, UNIT #1.
ICE MACHINE AT FIRE STATION #3, UNIT #2
QTRS
QTRS_
QTRS
QTRS
4
4
4
4
$349.00
$349.00
$349.00
$349.00
2.8
ICE MACHINE AT FIRE STATION #4
QTRS
4
$375.00
2.9
2.10
ICE MACHINE AT FIRE STATION #5
ICE MACHINES AND RELATED REFRIGERATION EQUIPMENT,
AT KNAPP CENTER
QTRS
QTRS
4
4
$375.00
$346.00
2.11
ICE MACHINES AND RELATED REFRIGERATION EQUIPMENT,
AT FIRE ADMIN. BLDG.
QTRS
4
$346.00
2.12
ICE MACHINES AND RELATED REFRIGERATION EQUIPMENT,
AT PUBLIC SAFETY BLDG,
QTRS
4
$798.00.
2.13
ICE MACHINES AND RELATED REFRIGERATION EQUIPMENT,
AT RECREATION CENTER AND NATATORIUM
QTRS
4
$359.00
2.14
ICE MACHINES AND RELATED REFRIGERATION EQUIPMENT,
AT VETERANS SPORTS COMPLEX
QTRS
4
$359.00
2.15
4.1
.4.2
4.3
4.4
4.5
4.6
PERCENT MARKUP. FOR MATERIALS/SUPPLIES/PARTS
QUARTERLY PREVENTATIVE MAINTENANCE FOR ICE
MACHINES .
Technician -Standard Hourly Rate
Helper- Standard Hourly Rate
Percent mark-up for materials/supplies/parts, based on an annual
spend of approximately $50,000.
Technician Emergency Repair Rate (Rate which will be charged after
standard business hours).
Helper Emergency Repair Rate (Rate which will be charged after
standard business hours).. .
Minimum charge percall out for emergency repairs (after hours only).
QTRS
EA
EA
EA
EA
EA
EA
4
300
50
50,000
75
50
1
35%
$85.00
$72.00
35%
$85.00
$72.00
$115.00
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