Loading...
R2021-023 2021-02-08RESOLUTION NO. R2021-23 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply bid for mechanical services (maintenance and repairs) associated with Public Works facilities, to STP Services, in the estimated amount of $380,000.00, for the period of February 19, 2021 to February 18, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive unit supply bids for mechanical services were previously obtained. Section 2. That the City Council hereby awards a unit supply contract to STP Services, in the unit supply amount reflected on Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a unit supply contract for mechanical services (maintenance and repairs) associated with Public Works facilities. PASSED, APPROVED and ADOPTED this the 8th day of February, A.D., 2021. ,' J. VIN COLE AYOR AT AN, TRMC, CMC CIT SECRETARY APPROVED AS TO FORM: i n DRIN M. COKER CITY ATTORNEY rf City of Pearland '�°` 44'1i 3519 Liberty Drive \. _ ° Pearland, TX 77581 it `R AS Fir. j 0� 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: STP Services P.O. Box 24724 Houston, TX 77229 Description of Services: Contractor will provide mechanical maintenance and repair services, for the City of Pearland Water and Wastewater Facilities, as needed, per the specifications of Bid#1221-18, R2021-23. Contract Type: Unit Price Contract, Estimated Amount of$380,000.00. Effective Date: February 19, 2021 Termination Date: February 18, 2022 Renewal: Two 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 PEARLAND: CONTRACTOR: ►` �-t 3.1.2021 Purchasing Officer Date Tit: Le.),U ER _ Date: 2 - i 5 i 1 *Si by. e: / VCity M nager 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 #1221-18 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 mechanical maintenance and repair services for the City of Pearland Water and Wastewater Facilities, as needed, per the specifications of Bid #1221-18, R2021-23. Pricing is as follows per contractor's response to the same, as listed below: Bid# 1221-18 Title Mechanical Services for Water&Wastewater Plants & Lift Stations STP LINE ITEMS Services Line Description UOM QTY Unit HOURLY RATE FOR FIELD 1 SERVICE (AT CITY FACILITY) HOURS 400 $60.00 HOURLY RATE FOR FIELD 2 SERVICE,AFTER HOURS HOUR 50 $60.00 HOURLY RATE FOR SHOP SERVICE(AT VENDOR'S 3 FACILITY) HOURS 400 $60.00 HOURLY RATE FOR SHOP 4 SERVICE,AFTER HOURS HOUR 50 $60.00 PERCENTAGE MARKUP ABOVE CONTRACTOR COST FOR REPLACEMENT PARTS AND 5 MATERIALS EA 15.0% ADDITIONAL CHARGES OR FEES. PLEASE PROVIDE A DESCRIPTION OF ADDITIONAL CHARGES OR FEES IN SUPPLIER NOTES. IF THERE ARE NO ADDITIONAL CHARGES, PLEASE SELECT"NO BID"ON THIS LINE 6 ITEM. Each 1 $0.00 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-718195 STP SERVICES Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/19/2021 being filed. City of Pearland Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. R22021-23 contract for mechanical maintenance of water and waste water facilities Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION / My name is V E e;�7iL 0 ci A)J , and my date of birth is / - 3 1 -5 My address is 49 5 GJ D L- d% S irn� t r,,c /-i[7 t,/,S p.J , 7 C, 7 2 U l (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1/4 /,5 County, State of x I, ,on the /1 day of 1L i ,20 a (month) (year) gnature of orized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a