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R2020-232 2020-11-09 RESOLUTION NO. R2020-232 A Resolution of the City Council of the City of Pearland, Texas, renewing and amending a unit supply bid for fire apparatus & preventative maintenance and repairs with Siddons-Martin Emergency Group, in the estimated amount of $300,000.00, for the period beginning December 1, 2020 and ending December 2, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded competitive bids for fire apparatus & preventative maintenance and repairs. Section 2. That the City Council hereby renews and amends a bid with Siddons- Martin Emergency Group, 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 contract for fire apparatus & preventative maintenance and repairs. PASSED, APPROVED and ADOPTED this the 9th day of November, A.D., 2020. TOM REID MAYOR ATT T r-- CR TAL N. AN, TRMC, CMC CITY SECRETARY Lei/ ji APPROVED AS TO FORM: ' '• w? DARRI N M. CO KER ",,,,, ,',,,,.',,, CITY ATTORNEY City of Pearland _APA3519 Liberty Drive Pearland, TX 77581 Fez4 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: Siddons Martin Emergency Group LLC PO Box 679827 Dallas, TX 75267 Description of Services: Contractor will provide preventative maintenance for Fire Department vehicles,for the City of Pearland, as needed, per the specifications of 1019-04, R2020-232. Contract Type: Unit Price Contract, Estimated Amount of$300,000. Effective Date: December 1, 2020 Termination Date: November 30, 2021 Renewal: No renewal options available II. Signatures. By signing below,the parties agree to the terms of this Contract: CITY OF PEARLAND; CONTRACTOR: Digitaly signed by John Mcw _ John Mccartern.Dcn=lohnM«ane,. ryo.'Pea,and, 12/7/2020 Date 2020 12 mall-Jmcca 0714 arl 33 24 0600 c=US Assistant ance Director Date Title: 4 Date: 7Ip , *Si ed b : ate: rCity anager 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 5 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 Contractsand Funding. If this Contractextends 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 parry'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 1019-04 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 preventative maintenance for Fire Department vehicles for the City of Pearland, as needed, per the specifications of 1019-04. Pridng is as follows per contractor's response to the same, as listed below: Line Description UOM QTY Unit Preventative maintenance on TM 114:2009 Ford Super Duty 550 Waterous 250gpm 300-gallon tank capacity, with 40 gal class B foam 1 tank EA 1 $1,250.00 Preventative maintenance on TH 131: 2004 US Tanker/Spartan Gladiator tanker with Cummins 450hp, ISM diesel engine,Allison 2 EVS400P transmission,Hale 1500 qpm, QMAX mid-ship pump EA 1 $2,350.00 Preventative maintenance on TH 133: 2006 Spartan with Cummins 400hp, ISL diesel engine,Allison 3000 transmission, Hale 1500 gpm, 3 QMAX150-23L mid-ship pump with CAFS EA 1 $2,350.00 Preventative maintenance on TH 137:2009 Spartan pumper with a Cummins 400hp, ISL diesel engine,Allison 3000 transmission,Hale 4 1500 gpm, QMAX150-23L mid-ship pump with CAFS EA 1 $2,350.00 Preventative maintenance on TH 138:2010 Spartan pumper with a Cummins 400hp, ISL diesel engine,Allison 3000 EVSP transmission, 5 Hale 1500 gpm, QMAX150 23L mid-ship pump EA 1 $2,350.00 Preventative maintenance on TH 140:2011 Spartan pumper with a Cummins 400hp,ISL diesel engine,Allison 3000 EVSP transmission, 6 Hale 1500 qpm, QMAX150-23L mid-ship pump EA 1 $2,350.00 Preventative maintenance on TH 141: 2013 Spartan ERV pumper with a Cummins ISL 450 engine,Allison 3000 EVS transmission, Hale 7 QMAX 1500 gpm pump EA 1 $2,350.00 Preventative maintenance on TH 142: 2013 Pierce Impel Pumper,Hale QMAX 1500gpm pump, Cummins 450hp ISL9, Allison Gen IV 3000 8 EVS-P EA 1 $2,350.00 Preventative maintenance on TH 143: 2013 Pierce Impel 75' Ladder, Hale QMAX 1500gpm pump, Cummins450hp ISL9,Allison Gen IV 9 3000 EVS-P EA 1 $4,250.00 Aerial preventative maintenance on TH 143; 2013 Pierce Impel 75' Ladder, Hale QMAX 1500gpm pump, Cummins 450hp ISL9, Allison 10 Gen IV 3000 EVS-P EA 1 $4,250.00 Preventative maintenance on TH 145: 2015 Pierce Quantum Pumper, Hale QMAX 1500g pm pump, Cummins 450hp ISL9, Allison Gen IV 11 3000 EVS-P EA 1 $2,350.00 Preventative maintenance on TH 149:2016 Pierce Detroit 505HP,75' Quint Ladder, Allison 5th Gen 4000 EVS-P, Hale QMAX-150, 1500 12 GPM pump EA 1 $4,250.00 Aerial preventative maintenance on TH 149: 2016 Pierce Detroit 505HP, 75' Quint Ladder, Allison 5th Gen 4000 EVS-P, Hale QMAX- 13 150, 1500 GPM pump EA 1 $4,250.00 Hourly labor rate for general repairs identified during preventative 14 maintenance inspection. HR 1 $111.50 15 Hourly labor rate for unscheduled call out to the City of Peariand. HR 1 $115.50 16 Towing Fee for Heavy Apparatus EA 1 $0.00 _ Addendum to include New Equipment for Fire Station#8 Engine#8: Preventative maintenance on TH 166:2019 Velocity Pumper, 2000GPM,Allison 4000, Detroit 505 HP EA 1 $2,350.00 Tower 8: Preventative maintenance on TH 155: 2020 Pierce Velocity, 2000 GPM, Allison 4000,Detroit 505 HP EA 1 $4,250.00