R2022-029 2022-02-14RESOLUTION NO. R2022-29
A Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract for mechanical services (maintenance and repairs) associated
with Public Works facilities, with STP Services, in the estimated amount of
$380,000.00, for the period of February 19, 2022 to February 18, 2023.
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 renews a supply contract with 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 14th day of February, A.D., 2022.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Serv ice Contract Standard Form
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III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for
Bid/Proposal or Bid No. 1221-18. (“Solicitation”), which Solicitation includes the required scope of
work and all specifications and which Solicitation and the Contract or’s bid or proposal response, as
applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if
each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Contract is for one (1) year, with performance commencing upon the effective
date or the date of issuance of the notice to proceed issued by the Contract Administrator or
the Purchasing Division, or upon the performance date listed in the notice to proceed,
whichever is later. The parties may mutually extend the Term of this Contract for up to 1
additional one-year periods (“Option Period(s)”), provided, the parties do so by written
amendment prior to the expiration of the original term or the then -current Option Period. The
City’s extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Contract is for an estimated amount of $380,000.00,
subject to approved extensions and changes. Payment will be made for Services completed
and accepted by the City within thirty (30) days of acceptance, subject to receipt of an
acceptable invoice. Contractor shall invoice no more frequently than once per month. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in
Attachment B, the content of which is incorporated, in its entirety, by reference into this
Contract. Any amount not expended during the initial term or any option period may, at the
City’s discretion, be allocated for use in the next option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
Email: accountspayable@pearlandtx.gov
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City’s Contract
Administrator for this Contract is as follows:
Name: Sue Ellen Arredondo
Department: Engineering & Public Works
Phone: 281.652.1946
Email: sarredondo@pearlandtx.gov
5. Insurance; Bonds.
(A) Before performance can begin under this Contract, the Contractor must deliver a
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Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the
City’s Contract Administrator. Additionally, the COI must state that the City shall be
provided no less than thirty (30) days’ advance written notice of cancellation, material
change in coverage, or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all insurance
policies within ten (10) days of the City Manager or his designee’s written request.
Insurance requirements are as stated in Attachment C, the entirety of which is
incorporated by re ference into this Contract.
(B) Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Contract. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract.
6. Purchase Release Order. For multiple-release purchases of Services provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Services to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
of the department or division. The purchase release order shall refer to this Contract, and
Services shall not be rendered until the Contractor receives the signed purchase release
order.
7. Inspection and Acceptance. City may inspect all Services and pro ducts supplied before
acceptance. Any Services or products that are provided but not accepted by the City must be
corrected or re-worked immediately at no charge to the City. If immediate correction or re -
working at no charge cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including additional costs
over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of
receipt of City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is attached to this is incorporated into this
Contract.
(C) Contractor warrants that all Services will be performed in accordance with the standard
of care used by similarly situated contractors performing similar services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule
are estimates only and do not obligate the City to order or accept more than the City’s actual
requirements nor do the estimates restrict the City from ordering less than it s actual needs
during the term of the Contract including any Option Period. Substitutions and deviations from
the City’s product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10. Non-Appropriation. Th e continuation of this Contract after the close of any fiscal year of the
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City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract as an expenditure in said budget, and it is
within the sole discretion of the City’s City Council to determine whether or not to fund this
Contract. The City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when a dopting each budget.
11. Independent Contractor. Contractor shall perform all work required by this Contract as an
independent contractor and will furnish such Services in its own manner and method, and
under no circumstances or conditions will any agent, ser vant or employee of the Contractor
be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts
or utilize the services of subcontractors unless the subcontractors were identified in the
bid/q uote/proposal or approved by the Contract Administrator.
13. Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term o r condition of this Contract
waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
16. Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day
after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn: Dynnie Mitchell
Title: Wastewater Superintendent
Address: 3501 East Orange Street, Pearland, TX 77581
Phone: 281.652.1933
IF TO CONTRACTOR:
STP Services
Attn: Jerry Kocian
Title: Owner
Address: PO Box 24724, Houston, TX 77229
Phone: 713.672.1447
17. 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
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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.
18. 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.
19. 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.
20. Termination.
(A) City Termination for Convenience. Under this paragraph, the City may terminate this
Contract during its term at any time for th e 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.
(B) 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 shall provide 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
pursuant 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.
21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of
the owner’s manual and/or preventative maintenance guidelines or instructions if available for
any equipment purchased by the City pursuant to this Contract. Contractor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
22. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total
amount of compensation listed in this Contract. In no event shall the City be liable for
incidental, consequential or special damages.
23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold cons ent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever.
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24. Severability. Each provision of this Contract is considered to be severable and, if, for any
reason, any provision or part of this Contract is determined to be invalid and contrary to
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
A. this Contract (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of
Interested Parties” as part of this Contract if required by said statute for items approved by
the City Council.
27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas.
28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract. This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
29. Public Information Act Requirements. This paragraph applies only to Contracts that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
30. Entire Agreement. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV. Special Terms and Conditions. None.
V. Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
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Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/ Bid No. 1221-18
Exhibit 2: Contractor’s Bid/Proposal Response
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ATTACHMENT A – SCOPE OF WORK
The scope of the contract renewal covers mechanical repair services for planned maintenance
and emergency repair work for the City of Pearland sixty -eight (68) Stormwater/Lift Stations,
thirteen (13) Water Productions and five (5) Wastewater Reclamation Facilities for the perio d of
one (1) year with one (1) renewal option, per the specifications of Bid No. 1221-18.
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ATTACHMENT B – BID/PRICING SCHEDULE
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ATTACHMENT C – INSURANCE REQUIREMENTS
Contractors performing work on City property or public right-of-way for the City of
Pearland shall provide the City a certificate of insurance or a copy of their insurance
policy(s) evidencing the coverages and coverage provisions identified here in.
Contractors shall provide the City evidence that all subcontractors performing work on
the project have the same types and amounts of coverages as required herein or that
the subcontractors are included under the contractor’s policy.
All insurance companies and coverages must be authorized by the Texas Department
of Insurance to transact business in the State of Texas and must be acceptable to the
City of Pearland.
Listed below are the types and amounts of insurances required. The City reserves the
right to amend or require additional types and amounts of coverages or provisions
depending on the nature of the work.
Type of Insurance Amount of Insurance Provisions
1. Workers’ Compensation
Employers’ Liability
Statutory Limits
$100,000 per occurrence
City to be provided a WAIVER
OF SUBROGATION and 30-day
notice of cancellation or
material change in coverage.
2. Commercial General
(Public) Liability to include
coverage for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent
Contractors
d) Personal Injury
e) Contractual Liability
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence;
General Aggregate -
$1,000,000
City to be listed as additional
insured and provided 30-day
notice of cancellation or
material change in coverage.
City shall be provided 30-day
notice of cancellation or
material change in coverage.
3. Business Auto Liability to
include coverage for:
a) Owned/Leased
vehicles
b) Non-owned vehicles
c) Hired vehicles
Combined Single Limit -
$1,000,000
Certificate of Insurance forms may be sent to Purchasing Department.
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ATTACHMENT D – WARRANTY
Items or services shall conform to the proposed specifications and all warranties
as stated in the Uniform Commercial Code and be free from all defects in
material, workmanship and title.
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EXHIBIT A
Bid # 1218-18
Title Mechanical Services for Water&Wastewater Plants & Lift Stations
Line Items STP Services
Line Description UOM Unit
1 HOURLY RATE FOR FIELD SERVICE (AT CITY FACILITY) HOURS $60.00
2 HOURLY RATE FOR FIELD SERVICE, AFTER HOURS HOUR $60.00
3 HOURLY RATE FOR SHOP SERVICE (AT VENDOR'S FACILITY) HOURS $60.00
4 HOURLY RATE FOR SHOP SERVICE, AFTER HOURS HOUR $60.00
PERCENTAGE MARKUP ABOVE CONTRACTOR COST FOR
5 REPLACEMENT PARTS AND MATERIALS EA 15
ADDITIONAL CHARGES OR FEES. PLEASE PROVIDE A
DESCRIPTION OF ADDITIONAL CHARGES OR FEES IN
SUPPLIER NOTES. IF THERE ARE NO ADDITIONAL CHARGES,
6 PLEASE SELECT "NO BID" ON THIS LINE ITEM. Each N/A