R2020-064 2020-04-13RESOLUTION NO. R2020-64
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, 2020 through April 29, 2021.
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 13th day of April, A.D., 2020.
ATT ST:
C STAL ROA TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
DocuSign Envelope ID: 4360EAA3-D3B3-49BE-ADF9-D70C122AB056
CITY OF PEARLAND
PUBLIC WORKS DEPARTMENT
3501 EAST ORANGE STREET
Pearland, Texas 77581
General Services Contract Amendment
For Electrical Services, Bid # 1018-02
Date of Issuance: 4/20/2021
Contractor: Boyer, Inc
Explanation for Amendment:
Amendment No: #1
PO#: 2020-00001255; R2020-64
This Amendment encompasses the following: Contract expiration date changed from April 29, 2021 to
May 31, 2021. Contract estimated amount of $500,000 will not be changed.
Description of Work
1. Electrical Services
Please attach back-up documentation
Cost & Time Change Summary:
Original Contract:
Previous Amendment(s):
Net increase (decrease) from this Amendment:
Revised Contract:
Cost Time
$ 500,000 32 Days
Cost
$500,000
$0
$ 500,000
Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
r.AA H.Z3•Z0Z,
Purchasi r
CONTRACTOR**:
DocuSigned by:
M4y L. bait,r
Date ' Htt NaTik 4.. Boyer, President
2-01_
Date:4/23/2021
*Sig ed by: 'late:
ity Manager
/ Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
Time
365 Days
Days
32 Days
397 Days
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+
** Contractor agrees to perform change(s) included in this Contract Amendment for the price, scope and/or time indicated. The prices for changes include
all costs associated with this Contract Amendment.
GSA Amendment I of 2 4/2019
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!Line Description UOM Est. QTY
Payment for Bonds and
Insurance
Apprentice/Helper
Electrician - Emergency
Rate
Apprentice/Helper
Electrician - Standard
Rate
Journeyman Electrician -
Emergency Rate
Journeyman Electrician -
Standard Rate
Master Electrician -
Emergency Rate
Master Electrician -
Standard Rate
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$4,000.00
$50.00
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City of Pearland
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:
Boyer, Inc.
8904 Fairbanks N. Houston Rd.
Houston, TX77064
Contractor will provide electrical services for the City of Pearland, as needed,
per the specifications of bid# 1018-02; City Council Resolution #R2020-64.
Unit Price Contract, Estimated Amount of $500,000.
April 30, 2020
April 29, 2021
No renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
Digitally signed by John !decade,
DN:cn=John Mccarter,o=City of Penland,
John Mccarter
on -Finance,
email=jmccarterppeariandtx.gov, c=US
Date. 2020 4 J4 1 1+4].16 -06.00'
Assistant Finance Director Date
*Signed by: Date: G//OG
City Manager
tokssistant City Manager
Director
Program Manager
*Contract Signature Authority:
CONTRACTOR: Boyer,
Title: Mark L. Boyer, res
Date: April 21. 2020
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+
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, 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.
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 #R2020-64. Pricing is as follows per contractor's
response to the same, as listed below:
Line
Description
UOM
EST.
QTY
UNIT PRICE
1
Master Electrician -
Standard Rate
Hour
30
$95.00
2
Master Electrician -
Emergency Rate
Hour
10
$120.00
3
Journeyman Electrician -
Standard Rate
Hour
1500
$95.00
4
Journeyman Electrician -
Emergency Rate
Hour
50
$140.00
5
Apprentice/Helper
Electrician - Standard Rate
Hour
1400
$35.00
6
Apprentice/Helper
Electrician - Emergency Rate
Hour
50
$50.00
7
Payment for Bonds and
Insurance
Each
1
$4,000.00
Percentage mark-up above your company's
cost for materials/supplies that will be
passed on to the City of Pearland.
20%