R2020-004 2020-01-13 RESOLUTION NO. R2020-4
A Resolution of the City Council of the City of Pearland, Texas, renewing a
unit-price service contract for preventative maintenance and repairs on
standby generators to LJ Power Generators, in the estimated amount of
$95,000.00, for the period of January 30, 2020 through January 29, 2021.
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 preventative
maintenance and repair services associated with standby generators.
Section 2. That the City Council hereby renews a contract with LJ Power Generators, in
the estimated amount of$95,000.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the purchase of preventative maintenance and repair services on standby generators.
PASSED, APPROVED and ADOPTED this the 13th day of January, A.D., 2020.
< V?"
TOM REID
MAYOR
A T:
Y AL ROAN, R C CMC
CITY SECRETARY e o
APPROVED AS TO FORM:
H ,,: t
�t�
DARRIN M. COKER 'r`�1�a ��r ?tt=‘'
CITY ATTORNEY
,® "fA� City of Pearland
o 3519 Liberty Drive
. ..
Pearland, TX 77581
fsr. ,,q 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: LJ POWER, INC
9301 HWY 290 WEST. UNIT 100
AUSTIN, TX 78736
Description of Services: Contractor will provide semi-annual preventative maintenance and
repair services for standby generators, for the City of Pearland, as
needed, per the specifications of#1119-08, R2020-4.
Contract Type: Unit Price Contract, Estimated Amount of$95,000.00.
Effective Date: January 30,2020
Termination Date: January 29, 2021
Renewal: One (1) renewal options available, upon the mutual agreement of
both parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF P RLAND: COACT
7:
YA1/46kb
Bu et/ urchasing Manager bate Title: Presdient
Date: 1/27/20
*Signed b : Date: I-3/-24 ZJ
Ci Manager
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
Ill. 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#1119-08 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 semi-annual preventative maintenance
and repair for standby generators for the City of Pearland, as needed, per the specifications of
bid#1119-08 and Council Resolution #R2020-4. Pricing is as follows per contractor's response to
the same, as listed below:
See Exhibit A-U Power line items and cost
Exhibit A. .
Line Items ---
-----___-- LJ Power, Inc-- - -----
Line Description UOM QTY Unit •
I 1 SEMI-ANNUAL VISUAL INSPECTION 1
1.1 EG102 Fire Adman 2703 Veteran Dr. Ea • 1 $110.00
1.2 EG103 City Hall 3519 liberty Dr. Ea . 1 S110.00 1
1.3 EG104 Service Center PW 2018 Old Alvin _` Ea 1 S110.00_
1.4 EGt06 Mclean Water Wel 2838 Mclean Rd. Ea 1 $110.00
1.5 EG114 Cullen Water Well 2529.Cullen Ea . 1 S110.00
1.6 EG115 Shadow Creek Station 1907 Almeda Ea 1 $110.00
1.7 EG116 Magnolia Water Well 3812 Magnolia Ea 1 , $110.00
1.8 EG117 Garden Water Well 13711 Garden Rd. _ • , Ea 1 , $110.00
1.9 EG118 FNW WWTP 1818 Reflection Bay . Ea 1 $110.00
1.10 EG119 SWEC WWTP 3423 Harkey Rd. Ea 1 $110.00
1.11 EG120 Barry Rose WWTP 1902 1/2 Barry Rose , Ea 1 $110.00
1.12 EG121 Lift Station Tranquility 2810 Tranquility Lakes Blvd Ea 1 $110.00
1.13 EG122 518 Water Well 1751 E. Broadway St. Ea 1 $110.00
1.14 EG123 SouthEast Water Wel 3945 Wells Dr. Ea 1 $110.00
1.15 EG124 liberty Water Well 3503 Liberty Dr. Ea _ 1 $110.00
1.16 EG125 Kirby Water Well 3110 Kirby Dr. Ea 1 $110.00
1.17 EG126 Longwood WWTP 2727 Dixie Farm Ea 1 $110.00
1.18 EG127 South Down WWTP 3711 Soho Ea 1 $110.00
1.19 EG128 Public Safety Bldg. 2555 Cullen I._Ea , 1 $110.00
1.20 EG129 Cullen Fire Station#4 8333 Freedom Dr. Ea 1 $110.00
1.21 EG130 Parks Department 3509 E. Orange , Ea 1 ' $110.00
1.22 EG131 Public Works Trailer Mounted to R154 3501 E. Orange Ea 1 $110.00
1.23 EG133 Public Works Trailer Mounted to R108 3501 E. Orange Ea 1 $110.00
1.24 EG134 Public Works Trailer Mounted to R106 3501 E.Orange _ Ea 1 $110.00
1.25 , EG135 Public Works Trailer Mounted to R105 3501 E.Orange Ea 1 $110.00
y 1.26 EG136 Public Works Trailer Mounted to R107 3501 E.Orange Ea 1 $110.00
1.27 EG137 Marys Creek Detention 6830 12 Magnolia , Ea 1 $110.00 -
1.28 EG138 South Corrigan Detention 3053 Hatfield , Ea 1 $110.00
1.29 EG144 Peach Hollow 3210 S. Peach Hollow Ea 1 $110.00
`
1.30 EG145 Country Place 407.Chickerywood Ct. Ea 1 $110.00
1.31 r Lakes Country Place 510 Country Place Blvd Ea 1 $110.00
1.32 EG146 Hillhouse 2559 Hillhouse Ea 1 $110.00
1.33 EG147 Fire Station#5 3100 Kirby Dr. _ Ea 1 $110.00
1.34 EG148 Alice WTR Plant 3702 Alice St. _ Ea 1 • $110.00
1.35 EG149 Fire Station#3 3207 Yost Blvd , Ea . 1 $110.00
1.36 EG150 Fire Station#2 6050 Frte Ea 1 $110.00
1.37 EG151 Portable Generator Animal Shelter/PW Annex Ea 1 , $110.00
2 ANNUAL FULL INSPECTION 1
2.1 EG102 Fire Adman 2703 Veteran Dr. Ea 1 $835.00
2.2 _ EG103 City Hall 3519 liberty Dr. I Ea 1 $685.00_
2.3 EG104 Service Center PW 2018 Old Alvin • Ea 1 $740.00
2.4 EG106 Mclean Water Well 2838 Mclean Rd. Ea 1 S850.00
2.5 EG114 Cullen Water Well 2529 Cullen Ea 1 $1,005.00
2.6 1 EG115 Shadow Creek Station 1907 Almeda Ea 1 _ S915.00
Exhibit A.
2.7 EG116 Magnolia Water Well 3812 Magnolia Ea 1 $875.00
2.8 EG117 Garden Water Well 13711 Garden Rd. Ea 1 S875.00
2.9 EG118 FNW WWTP 1818 Reflection Bay , Ea 1 ;7,000.00_,
2.10 EG119 SWEC WWTP 3423 Harkey Rd. Ea 1 $2,055.00 ,
2.11 EG120 Barry Rose WWTP 19021/2 Barry Rose Ea 1 $915.00
2.12 EG121 Lift Station Tranquility 2810 Tranquility Lakes Blvd Ea 1 $600.00
2.13 EG122 518 Water Well 1751 E. Broadway St Ea 1 $880.00
�2.14 EG123 SouthEast Water Well 3945 Wells Dr. Ea 1 $1,175.00
2.15 EG124 Liberty Water Well 3503 Liberty Dr. Ea 1 $915.00
2.16 EG125 Kirby Water Well 3110 Kirby Dr. Ea 1 ;2,105.00
2.17 EG126 Lon WWTP 2727 Dixie Farm Ea 1 ;1,875.00
2.18 EG127 SouthDown WWTP 3711 Soho Ea 1 $835.00
2.19 EG128 Public Safety Bldg. 2555 Cullen _ Ea 1 $2,280.00
2.20 EG129 Cullen Fire Station#4 8333 Freedom Dr. Ea 1 $765.00
2.21 EG130 Parks Department 3509 E. Orange Ea - 1 $640.00 •
2.22 EG131 PublicWorks Trailer Mounted to R154 3501 E. Orange Ea 1 $755.00
2.23 EG133 Public Works Trailer Mounted to R108 3501 E.Orange Ea 1 $755.00
2.24 EG134 Public Works Trailer Mounted to R106 3501 E.Orange Ea . , 1 , $755.00
2.25 EG135 Public Works Trailer Mounted to R105 3501 E.Orange Ea 1 $700.00
2.26 EG136 Public Works Trailer Mounted to R107 3501 E.Orange Ea i 1 $700.00
2.27 EG137 Mary's Creek Detention 6830 1/2 Magnolia Ea 1 $880.00
2.28 EG138 South Corrigan Detention 3053 Hatfield Ea 1 $915.00
2.29 EG144 Peach Hollow 3210 S. Peach Hollow Ea 1 $830.00
2.30 EG145 Country Place 407 Chickerywood Ct. Ea 1 ;1,080.00
2.31 Lakes Country Place 510 Country Place Blvd Ea 1 $630.00
2.32 EG146 Hillhouse 2559 Hillhouse Ea 1 ;770.00
2.33 EG147 Fire Station#5 3100 Kirby Dr. _ Ea 1 $770.00
2.34 EG148 Alice WTR Plant 3702 Alice St. Ea 1 $2,140.00
2.35 EG149 Fire Station#3 3207 Yost Blvd Ea 1 $660.00
2.36 EG150 Fire Station#2 6050 Fite Ea 1 $660.00
2.37 EG151 Portable Generator Animal Shelter/PW Annex Ea 1 $855.00
Hourly Rate-Standard _ Ea 1 $85.00
Hourly Rate-After Hours Ea 1 $120.00
Trip Charge-Standard Ea 1 $75.00
Trip Charge-After Hours Ea 1 $75.00
%Mark Up On Supplies 15%