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R2019-224 2019-08-26RESOLUTION NO. R2019-224 A Resolution of the City Council of the City of Pearland, Texas, amending a contract with International Paint and Body of Pearland, for vehicle repair services, in the additional amount of $50,000.00, (total contract amount of $90,000.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That a contract for vehicle repair services was previously awarded to International Paint and Body of Pearland. Section 2. The City Manager or his designee is hereby authorized to execute an amended contract for vehicle repair services. PASSED, APPROVED and ADOPTED this the 269h day of August, A.D., 2019. TOM REID MAYOR ATTEST: MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Attachment A VENDOR: International Paint & Body PO NUMBER: 2019-00001202 Unit Number and Type of Repair Work Order # Repair Type Date Out Invoice No. Shop - Department Department TL163 0000016454 1V000001160BN 1 04/15/20191 04/15/20191 113921COP 1PW - Construction 2,820.55 Body Repairs Complete Unit Coverted Repair U192 0000016637 IV000001160BN 1 04/15/20191 04/15/20191 114791COP 1PD - Patrol 10,119.17 Body Repairs Complete Unit Coverted Repair U206 0000016836 1V000001160BN 1 04/15/20191 04/15/20191 115711COP 1 PD - Patrol 8,241.90 Body Repairs Complete Unit Coverted Repair U197 0000016848 1V000001160BN 1 03/15/20191 04/15/20191 115231COP 1PD - Patrol 2,406.65 Body Repairs Complete Unit Coverted Repair U156 0000017365 1V000001160BN 1 11/05/20181 04/15/20191 11362ICOP 1PD-Patrol 2,277.17 Body Repairs Complete Unit Coverted Repair C402 0000017501 12999999252BN 1 06/04/20191 06/19/20191 117461C0P IPD - CID 3,109.00 General General Parts Counter C389 0000017526 12999999Z52BN 1 06/13/20191 06/19/20191 117481C0P 1PD - Patrol 3,210.85 General General Parts Counter P368 0000017538 12999999Z52BN 1 05/30/20191 06/19/20191 117491C0P 1PW - Lift Stations 3,131.80 General General Parts Counter U185 0000017752 12999999Z52BN 1 06/19/20191 06/19/20191 118061C0P PD - Patrol 2,859.60 General General Parts Counter Pending Repairs to Units: TL192, P356, P374, U183, U236 Subtotal Current Spend 38,176.69 Pending Estimated Repairs 30,173.50 Total Estimated Repairs 68,350.19 Total Estimated Spend 90,000.00 $90,000.00 $80,000.00 $70,000.00 $60,000.00 $50,000.00 c 00 E $40,000.00 $30,000.00 $20,000.00 $10,000.00 $0.00 ■ Spend $23,275.50 International Paint and Body Spend Trend $58,065.54 533,540.64 $39,176.69; r $81,235.31 FY15 FY16 FY17 FY18 FY19 - EST. $23,275.50 $58,065.54 $33,540.64 Spend 2 per. Mov. Avg. (Spend) $ 39,176.69 $81,235.31 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Resolution No.. R2019-244 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: Lone Star Pavement Service§ 27045 Hanna Road Conroe, TX. 77385 Contractor will provide road striping services,for the City of Pearland, as needed, per the specifications of Bid # 0819-63, Resolution # 2019-244. Unit Price Contract, Estimated Amount of $250,000.i November 1, 2019 QctOber 31, 2020 Two renewal options available, upon the mutual agreement of both parties. 11. Signatures. By signing belOvv, the parties agree to the- terrn of this Contract: ftSilr(ied by: •City nager Assistant City Manager Director Superintendent/Manager *Contract Signature AuthoritY: CONTRACTOR: Title:.____ -.SUperintendent/Manager 45,999 or lest Director - •$6,000 to $30,000 City Manager/Assistant-City Managers •- $39,001 to $50;000 City Council Resolution - $50,000+ •Pagp 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. 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. 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 # 0819-63 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. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing road striping services for the City of Pearland, as needed, per the specifications of Bid # 0819-63, Resolution # R2019-244. Pricing is as follows per contractor's response to the same, as listed below: Bid 8 0819-63 Title Annual Contract for Road Striping Services Line Items Services_ LLC Line Description UOM QTY Unit Extended 1 ROAD STRIPING SERVICES - PAINT PKG 1 $451.69 1.1 4" SOLID OR BROKEN WHITE LINE (PAINT) - MATERIAL COST PER LINEAR FOI LF 1 50.11 1.2 4" SOLID OR BROKEN WHITE UNE (PAINT) - LABOR COST PER LINEAR FOOT LF 1 50.07 1.3 4" SOLID OR BROKEN YELLOW UNE (PAINT) - MATERIAL COST PER LINEAR Ft LF 1 50.11 14 4" SOLID OR BROKEN YELLOW UNE (PAINT) - LABOR COST PER LINEAR FOO1 LF 1 50.07 1.5 8" SOLID WHITE UNE (PAINT) - MATERIAL COST PER LINEAR FOOT LF 1 50.86 1.6 8" SOUD WHLITE UNE (PAINT) - LABOR COST PER LINEAR FOOT LF 1 50.12 1.7 12" SOLID WHITE LINE (PAINT) - MATERIAL COST PER LINEAR FOOT LF 1 50.60 1.8 12" SOLID WHITE UNE (PAINT) - LABOR COST PER UN EAR FOOT LF 1 50.40 1.9 24" SOLID WHITE UNE (PAINT) -MATERALCOST PER UNEAR FOOT LF 1 $1.20 L10 24" SOLID WHITE LINE(PAINT) - LABOR COST PER UN EAR FOOT LF 1 50.80 1.11 6" LANE LINE SHADOW PAINT (8 FOOT WHITE/8 FOOT BLACK) - MATERIAL C LF 1 5027 1.12 6" LANE UNE SHADOW PAINT (8 FOOT WHITE/8 FOOT BLACK) - LABOR COS" LF 1 50.18 1.13 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING - LABOR COST PERLI LF 1 50.45 1.14 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING - LABOR COST PER Li LF 1 50.60 1.15 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING- LABOR COST PERU LF 1 50.60 1.16 EUMINA11ON OF PAVEMENT MARKINGS BY GRINDING - LABOR COST PER U LF 1 $125 1.17 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING- LABOR COST PER LI LF 1 52.00 1.18 ELIMINATION OF PAVEMENT MARKINGS BY GRINDING - LABOR COST PER U LF 1 $50.00 119 WHITE ARROW (PAINT) - MATERIAL COST EA 1 $33.00 1.20 WHITE ARROW (PAINT) - LABOR COST EA 1 $22.00 1.21 ONLY LEGEND (PAINT) - MATERIAL COST EA 1 533.00 1.22 ONLY LEGEND(PAINT)-LABORCOST EA 1 522.00 1.23 RAILROAD CROSSING LEGEND COMPLETE (PAINT) - MATERIAL COST EA 1 $123.00 1.24 RAILROAD CROSSING LEGEND COMPLETE (PAINT) - LABOR COST EA 1 582.00 1.25 \ SCHOOL ZONE LEGEND(PAINT)-MATERIAL COST EA 1 546.16 1.26 SCHOOL ZONE LEGEND (PAINT) - LABOR COST EA 1 530.84 2 ROAD STRIPING SERVICES -THERMO-PLASTIC PKG 1 S490.05 2.1 4" SOLID OR BROKEN WHITE UNE (THERMO-PLASTIC) - MATERIAL COST PER LF 1 50.34 2.2 4" SOUD OR BROKEN WHITE LINE (THERMO-PLASTIC) - LABOR COST PER UI1 LF 1 S021 2.3 4" SOLID OR BROKEN YELLOW UNE (THERMO-PLASTIC) - MATERIAL COST PE LF 1 $0.34 2.4 4" SOUD OR BROKEN YELLOW UNE (THERMO-PLASTIC) - LABOR COST PER U LF 1 50.21 2.5 8" SOLID WHITE UNE (THERMO-PLASTIC) - MATERIAL COST PER LINEAR FOO LF 1 $0.41 2.6 8" SOLID WHITE UNE (THERMO-PLASTIC) - LABOR COST PER LINEAR FOOT LF 1 $029 2.7 12" SOLID WHITE UNE (THERMO-PLASTIC) - MATERIAL COST PER LINEAR FO IF 1 S0.84 2.8 12" SOLID WHITE UNE (THERMO-PLASTIC) - LABOR COST PER LINEAR FOOT LF 1 50.56 2.9 24" SOLID WHITE UNE (THERMO-PLASTIC) - MATERIAL COST PER LINEAR FO IF 1 S1.78 2.10 24" SOUD WHITE UNE (THERMO-PLAST1C) - LABOR COST PER LINEAR FOOT LF 1 $122 2.11 WHITE ARROW (THERMO-PLASTIC) - MATERIAL COST EA 1 _ S60.00 2.12 WHITE ARROW (THERMO-PLASTIC) - LABOR COST EA 1 S40.00 2.13 ONLY LEGEND (THERMO-PLASTIC) - MATERIAL COST EA 1 S75.00 r2.14 ONLY LEGEND (THERMO-PLASTIC) - LABOR COST EA 1 $50.00 r2. s RAILROAD CROSSING LEGEND COMPLETE (THERMO-PLASTIC) - MATERIAL 0 EA 1 S77.10 L2.16 RAILROAD CROSSING LEGEND COMPLETE (THERMO-PLASTIC)-LABOR COST EA 1 $58.40 12.17 SCHOOLZONE LEGEND (THERMO-PLASTIC) - MATERIAL COST EA 1 474.00 '2.18 SCHOOLZONE LEGEND (THERMO-PLASTIC) - LABOR COST EA 1 549.35 I3 TRAFFIC BUTTON/MARKER PKG 1 S1,501.00 r3.1 REMOVAL OF TRAFFIC BUTTONS/MARKERS EA 1 51.00 r3.2 SUPPLY AND INSTALL ONE SIDED REFLECTOR ON CONCRETE EA 100 S4.00 r3.3 SUPPLY AND INSTALL ONE SIDED REFLECTOR ON ASPHALT EA 100 $3.00 r3.4 SUPPLY AND INSTALLTWO SIDED REFLECTOR ON CONCRETE EA 100 54.50 3.5 SUPPLY AND INSTALLTWO SIDED REFLECTOR ON ASPHALT EA 100 53.50 Total S2,442.74