R2021-016 2021-01-25RESOLUTION NO. R2021-16
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, 2021 through January 29, 2022.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 1. That the City previously awarded a unit supply bid for preventative
maintenance and repair services associated with standby generators.
S ection 2. That the City Council hereby renews a contract with LJ Power
Generators, in the estimated amount of $95,000.00.
S ection 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 25th day of January, A.D., 2021.
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EVIN COLE
AYOR
\‘``' Q•: . • O
. �/ ,1100,,
41
4149,
.111 °°°°°°°°°°°°° u
Minna iiI""
City of Pearland
3519 Liberty Drive
Pearland, TX77581
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
11 Signatures
111. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
L Summary of ContractTerms.
Contractor:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
L.J. Power, Inc.
12707 Nutty Brown Rd.
Austin, TX 78737
Contractor will provide semi-annual preventative maintenance and
repair services for standby generators, for the City of Pearland, as
needed, per the specifications of Bid #1119-08 R2021-16.
Unit Price Contract, Estimated Amount of $95 000.00.
January 30, 2021
January 29, 2022
One renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY QPEARLAND:
ance Director Date
*Signed by: D.:te: S
City Ma- ager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
Title: President
Date: 1/28/21
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 condifons 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 yearand 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. Ass'gnment. 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 u nder 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 services for standby generators for the City of Pearland, as needed, per the specifications
of Bid #1119-08. Pricing is as follows per contractor's response to the same, as listed below:
Bid# 1119-08 Addendum 2
Title Semi -Annual Preventative Maintenance of Generators
Line Items
LJ Power,
Inc
Line Description
UOM QTY
Unit
1
SEMI-ANNUAL VISUAL INSPECTION
1
1.1
EG102 Fire Admin 2703 Veteran Dr.
Ea
1
$110.00
1.2
EG103 City Hall 3519 Liberty Dr.
Ea
1
$110.00
1.3
EG104 Service Center PW 2018 Old Alvin
Ea
1
$110.00
1.4
EG106 Mclean Water Well 2838 Mclean Rd.
Ea
1
$110.00
1.5
EG114 Cullen Water Well 2529 Cullen
Ea
1
$110.00
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 Well 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
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
Orange
Public Works Trailer Mounted to R154 3501 E.
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
Orange
Public Works Trailer Mounted to R105 3501 E.
Ea
1
$110.00
1.26
EG136 Public Works Trailer Mounted to R107 3501 E.
Orange
Ea
1
$110.00
1.27
EG137 Mary's Creek Detention 68301/2 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
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 Fite
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 Admin 2703 Veteran Dr.
Ea
1
$835.00
2.2
EG103 City Hall 3519 Liberty Dr.
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
$850.00
2.5
EG114 Cullen Water We112529 Cullen
Ea
1
$1,005.00
2.6
EG115 Shadow Creek Station 1907 Almeda
Ea
1
$915.00
2.7
EG116 Magnolia Water Well 3812 Magnolia
Ea
1
$875.00
2.8
EG117 Garden Water Well 13711 Garden Rd.
Ea
1
$875.00
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 1902 1/2 Barry Rose
Ea
1
$915.00
2.12
EG121 Lift Station Tranquility 2810 Tranquility Lakes Blvd
Ea
1
$600.00
2A3
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 Longwood
WWTP 2727 Dixie Farm
Ea
1
$1,875.00
2.18
EG127 South Down 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
Orange
Public Works Trailer Mounted to R154 3501 E.
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
Orange
Trailer
Mounted to R106 3501
E.
Ea
1
$755.00
2.25
EG135 Public Works Trailer Mounted to R105 3501 E.
Orange
Ea
1
$700.00
2.26
EG136
Orange
Public Works Trailer Mounted to R107 3501 E.
Ea
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
$630.00
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
Rates:
Hourly Rate - Standard
$85.00
Hourly Rate -After Hours
$120.00
Trip Charge - Standard
$75.00
Trip
Charge - After Hours
$75.00
% Mark up on Supplies
15%