R2019-301 2019-12-09RESOLUTION NO. R2019-301
A Resolution of the City Council of the City of Pearland, Texas renewing a unit
supply contract for the supply of traffic signs and related materials with
Municipal Signs, Inc., in the estimated amount of $112,500.00, for the period of
December 17, 2019 through December 16, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a bid for the supply of traffic signs and
related materials.
Section 2. That the City Council hereby renews a contract with Municipal Signs, Inc., in
the estimated amount of $112,500.00.
Section.3. The City Manager or his designee is hereby authorized to execute a contract
for the supply of traffic signs and related materials.
PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2019.
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•
•
ATTEST:
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
R
11( Ifino
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Resolution No.
R2019-301
General Services Contract
This Contract (Contract) is made between the City of Peadand, 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 Terris
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terns.
Contractor:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
Municipal Signs, Inc. DBA Smith Municipal Supplies
5567 Mauldin St.
Houston, TX. 77087
Contractor will provide traffic signs and related materials for the City
of Pearland, as needed, per the specifications of Bid # 0918-68,
Resolution # R2019-301.
Unit Price Contract, Estimated Amount of $112,500.
December 17, 2019
December 16, 2020
One renewal option available, upon the mutual agreement of both
parties.
II. Signatures. By signing below, the parties agree to the terns of this Contract
ARLAND: CONTRACTOR:
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Date: I /a/2a20
,b City Ma = ger
_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+
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.
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 # 0918-68 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.
Bid # 0918-68
Title Purchase of Traffic Sign Materials
Smith Municipal
Lines
Line Description UOM EST QTY
Unit
1
Completed Signs:: Standard MUTCDLegend::
PKG
1
1.1
9 x 24 Avery Prismatic White/Green EC, .125
Customer's Date Sticker to Signs, Upper/Lower
Street Signs
Aluminum, Apply
EA
50
$31.14
Case Letters,
1.2
9 x 30 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customers Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
50
$38.73
1.3
9 x 36 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customer's Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
750
$46.15
1.4
9 x 42 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customers Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
125
$54.01
1.5
9 x 48 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customer's Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
150
$61.69
1.6
9 x 54 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customer's Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
150
$69.44
1.7
9 x 60 Avery Prismatic White/Green EC, .125
Customers Date Sticker to Signs, Upper/Lower
Street Signs
Aluminum, Apply
Case Letters,
EA
75
$77.10
1.8
9 x 66 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customer's Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
50
$85.91
1.9
9 x 72 Avery Prismatic White/Green EC, .125 Aluminum, Apply
Customers Date Sticker to Signs, Upper/Lower Case Letters,
Street Signs
EA
50
$93.63
1.10
48" Yield Sign, Avery Prismatic White
EA
1
$117.71
1.11
48 x 48 Avery Prismatic White or Ye
low/Sign Face
EA
1
$122.90
1.12
24 x 30 Avery Prismatic White or Ye
low/Sign Face
EA
250
$45.46
1.13
24 x 36 Avery Prismatic White or Ye low/Sign Face
EA
25
$54.84
1.14
30 x 36 Avery Prismatic White or Ye low/Sign Face
EA
1
$68.01
1.15
30 x 30 Avery Prismatic White or Yellow/Sign Face
EA
150
$57.07
1.16
24 x 48 Avery Prismatic White or Yellow/Sign Face
EA
50
$73.04
1.17
24 x 24 Avery Prismatic White or Yellow/Sign Face
EA
1
$36.35
1.18
18 x 24 Avery Prismatic White or Yellow/Sign
Face
EA
1
$27.41
1.19
18 x 18 Avery Prismatic White or Yellow/Sign
Face
EA
1
$20.40
1.20
6 x 18 Avery Prismatic White or Yellow/Sign Face
EA
100
$10.04
1.21
30" Avery Prismatic Stop Signs
EA
600
$59.54
1.22
Charge per square foot for Custom Signs
SQ FT
1
$0.00
2
Reface signs - Standai MUTCD;Legend
PKG
' I 1
2.1
Hourly cost to pick up customers used
signs; sort re -useable
blanks for future
HR
1
$0.00
blanks and scrap blanks; store re -useable
reface; take scrap blanks to scrap yard
2.2
Percentage of scrap dollars collected to be returned to the City
of Pearland
EA
85
3
All reface signs areapphed to City of Pearland sign blanks.
PKG
1': 1
3.1
46" Yield Signs
EA
1
$63.50
3.2
48 x 48 Avery Prismatic White or Yel ow/Sign Face
EA
1
$77.29
3.3
24 x 30 Avery Prismatic White or Yel
ow/Sign Face
EA
1
$31.15
3.4
24 x 36 Avery Prismatic White or Yel
ow/Sign
Face
EA
1
$37.53
3.5
30 x 36 Avery Prismatic White or Yel ow/Sign
Face
EA
1
$46.62
3.6
30 x 30 Avery Prismatic White or Yellow/Sign
Face
EA
1
$39.06
3.7
24 x 48 Avery Prismatic White or Yel
ow/Sign Face
EA
1
$49.99
3.8
24 x 24 Avery Prismatic White or Yel ow/Sign Face
EA
1
$24.91
3.9
18 x 24 Avery Prismatic White or Yel ow/Sign Face
EA
1
$18.76
3.10
18 x 18 Avery Prismatic White or Yellow/Sign Face
EA
1
$13.99
3.11
6 x 18 Avery Prismatic White or Yellow/Sign Face
EA
1
$7.34
3.12
30" Avery Prismatic Stop Signs
EA
500
$41.23
3.13
Charge per square foot for Custom Signs
SQ FT
1
$0.00
4
Hardware
PKG
1
4.1
12" Flat Blade Crosses, 90 Degree
EA
750
$12.81
4.2
12" Flat Blade Caps, for 2-3/8" Posts
EA
750
$12.81
4.3
2-3/8" Round Posts Floor Flange w/Hardware
EA
1
$29.00
4.4
3' O.D. Post Adapter to 2-3/8" Posts
EA
1
$9.23
4.5
Custom Alert Flag Brackets
EA
1
$28.94
5 ':"
Miscellaneous Items "
PKG
1
5.1
18 x 18 Safety Flags
EA
25
$5.55
5.2
21"x9" Time Change Decals, White/Black
EA
250
$4.00
5.3
Change lettering on customer's 4' x 8' Informational Sign
EA
1
$15.00