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R2019-096 2019-04-08 RESOLUTION NO. R2019-96 A Resolution of the City Council of the City of Pearland,Texas, renewing a unit supply contract for electrical services (maintenance and repairs of Public Works Facilities) with Boyer Inc., in the estimated amount of $500,000.00, beginning April 30, 2019 through April 29, 2020. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for electrical services were previously awarded to Boyer, Inc. Section 2. That the City Council renews a unit supply contract with Boyer Inc., in the unit price amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a unit supply contract for electrical services. PASSED, APPROVED and ADOPTED this the 8th day of April, A.D., 2019. J01/7 REe___>) TOM REID MAYOR ATTEST: O R IV. ly,be„,, -- ` Iiz ,,,,, 4,.__ - _,.. -S' rRETAR APPROVED AS TO FORM: OCLAA_AAeW . ejphi DARRIN M. COKER CITY ATTORNEY Bid # 1018-02 EXHIBIT A Title Electrical Services DM The Brandt Mid-West Boyer, Grant Specification Responses Electrical Companies Electric Co Inc. Electric, Inc. Line Description UOM QTY Unit Unit Unit Unit Unit Master Electrician - 1 Standard Rate Hour 30 $47.00 $105.91 $100.00 $95.00 $87.00 Master Electrician - 2 Emergency Rate Hour 10 $60.00 $105.91 $200.00 $120.00 $87.00 Journeyman Electrician - 3 Standard Rate Hour 1500 $38.00 $65.88 $71.00 $95.00 $87.00 Journeyman Electrician - 4 Emergency Rate Hour 50 $55.00 $84.00 $110.00 $140.00 $87.00 Apprentice/Helper Electrician - Standard 5 Rate Hour 1400 $27.00 $41.75 $55.00 $35.00 $87.00 Apprentice/Helper Electrician - Emergency 6 Rate Hour 50 $36.00 $61.25 $81.00 $50.00 $87.00 Payment for Bonds and 7 Insurance Each 1 $5,000.00 $3,375.00 2%of contract' $4,000 $3,000 Percentage mark-up above your company's cost for materials/supplies 5% 10% 15% 20% 40% bio, Pf q4 o City of Pearland �■'!'E x7rrumm 3519 Liberty Drive es,. i 8q% 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: Boyer, Inc. 8904 Fairbanks N. Houston Rd. Houston, TX77064 Description of Services: Contractor will provide electrical services for the City of Pearland, as needed, per the specifications of bid# 1018-02; City Council Resolution #R2019-96. Contract Type: Unit Price Contract, Estimated Amount of$500.000. 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: CITY9F PEARLAND: CONTRACTOR:Boyer, Inc.,7 `1-7- 0 ,717-7) Budget/Procurement Manager Date Title: Mark L. Boyer, President Date: April 8, 2019 �. . *Itr.ci by: Date: • ,1i1 ity Manager) 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+ Page 1 of 4 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 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. Page 2 of 4 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# 1018-02 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. Page 3 of 4 EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing electrical services for the City of Pearland, as needed, per the specifications of bid# 1018-02; City Council Resolution#R2019-96. Pricing is as follows per contractor's response to the same, as listed below: Line Description UOM EST. UNIT QTY PRICE 1 Master Electrician - Hour 30 $95.00 Standard Rate 2 Master Electrician - Hour 10 $120.00 Emergency Rate 3 Journeyman Electrician - Hour 1500 $95.00 Standard Rate 4 Journeyman Electrician - Hour 50 $140.00 Emergency Rate 5 Apprentice/Helper Hour 1400 $35.00 Electrician -Standard Rate 6 Apprentice/Helper Hour 50 $50.00 Electrician - Emergency Rate 7 Payment for Bonds and Each 1 $4,000.00 Insurance Percentage mark-up above your company's 20% cost for materials/supplies that will be passed on to the City of Pearland. Page 4 of 4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-473824 Boyer, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/08/2019 being filed. City of Pearland Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. R2019-96 General Services Contract 2019-2020 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Boyer, Mark L. Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mark L. Boyer , and my date of birth is March 6, 1959 My address is 9326 Reid Lake Drive , Houston , TX , 77064 , USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas ,on the 8th day of April ,20 19 . (month) (year) ///' Signature of authorized agent of'I racting business entity (Declarant) ark L. Boyer, President Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c DATE(MM/DD/YYYY) A±o® CERTIFICATE OF LIABILITY INSURANCE 4/8/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brady, Chapman, Holland&Associates PHONE Certificate Department FAX 10055 West Gulf Bank (A/C.No.Ext):713-688-1500 (A/C,No):713-688-7967 Houston TX 77040 ADDRESS: ecerts@bch-insurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Lloyds Insurance Company 41262 INSURED INSURER B: Hartford Fire Insurance Co. 19682 Boyer, Inc. 8904 Fairbanks N. Houston INSURER C:Zurich(Crump Ins.Services) Houston TX 77064-6805 INSURER D:Hartford Casualty Insurance Co. 29424 INSURER E:Pacific Insurance Co.(R-T Specialty) 10046 INSURER F: COVERAGES CERTIFICATE NUMBER:1773372466 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR .INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY 61CSEQU3171 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PRS RENTED PREMISES((Ea occurrence) $300,000 X Primary MED EXP(Any one person) $10,000 X Non-Contributory PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JE X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 61CSEQU3172 4/1/2019 4/1/2020 COMaacBcident)INEDSINGLELIMIT $1,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) C X UMBRELLA LIAR X OCCUR AUC591507814 4/1/2019 4/1/2020 EACH OCCURRENCE $20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED RETENTION$ $ D WORKERS COMPENSATION WNQU3170 4/1/2019 4/1/2020 X AND EMPLOYERS'LIABILITY Y/N STATUTE OTH- ER USLH ANYPROPRIETOR/PARTNER/EXECUTIVEN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment&Installation Floater QT6301 HI81087TLC19 4/1/2019 4/1/2020 Leased/Rented $2,000,000 E Pollution Liability& 13CPIBM1812 4/1/2019 4/1/2020 Installation $15,000,000 Professional Liability Each Act/Each Cond $2,000,000/Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The policy includes blanket additional insured on the general liability per form HS24830713 and automobile per form HS99160312,Umbrella per form UUMB103CCW0310,with a waiver of subrogation on the general liability per form HG00010916,automobile per form HS99160312 umbrella per form UUMB103CCW0310 and workers compensation per form WC420304 when required by written contract. This insurance is primary and non-contributory as respects general liability HS24830713 RE: General Services Contract R2019-96 2019-2020 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Drive Pearland TX 77581 AUTHORIZED REPRESENTATIVE United States )1424 St4dY ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD