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HomeMy WebLinkAboutR2023-005 2023-01-23DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 RESOLUTION NO. R2023-5 A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with The Texas Buy Board for the purchase of fence/gate repair, preventative maintenance and replacement services, in the estimated amount of $83,000.00, from Foster Fence, LTD. for the period beginning January 24, 2023 through January 23, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner Texas Buy Board for the purchase of fence/gate repair, preventative maintenance and replacement services. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with The Texas Buy Board for the purchase of fence/gate repair, preventative maintenance and replacement services, in the estimated amount of $83,000.00, from Foster Fence, LTD. PASSED, APPROVED and ADOPTED this the 231d day of January, A.D., 2023. DocuSigned by^:_//q J. Izu%Ig1 uotE _ MAYOR ATTEST: DocuSigned by: 9BEC22531FFF'Y15 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APERQUEbp AS TO FORM: DAWKW16OKER CITY ATTORNEY DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. C1222-68 Gate and Fence Preventative Maintenance and Repairs THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home - rule municipal corporation ("City") and Contractor ("Contractor"), and consisting 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 Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: Foster Fence P.O. Box 96116 Houston, TX 77213 Contractor will provide City of Pearland gate and fence preventative maintenance and repair services, as needed, in accordance with specifications of BuyBoard Contract No. 657-21. $83,000.00 January 24, 2023 January 23, 2024 1 R2023-5 , BuyBoard Contract No. 657-21 II. Signatures ;G1TDYc ePEARLAND CONTRA D" 1/24/2023 I 8:50 AM CST 24r88CEIo8Br48A... Purchasing Officer Date Title:, Controller �DocuSigned by: 11/24/2023 I 6:56 AM ter' *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to BuyBoard Contract No. 657-21 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 9 and 2, respectively, as if each were fully set cut 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 one (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 $83,006,00, 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: accountspayablepearlandtx,gov 4. Contract Adm€nistrator. 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: Department: Phone: Email: 5. Insurance; Bonds. Erin Brown Engineering & Public Works 281.652.1 739 eb rown pea rl a n dtx.g ov (A) Before performance can begin under this Contract, the Contractor must deliver a 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 Service Contract Standard Form Approved as to regal Form 6,28,2021 Page 2 of 7 DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 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 reference 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 products 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/qua ntity 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 its 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. The continuation of this Contract after the close of any fiscal year ofthe 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 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 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 adopting 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, servant 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/quote/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 or 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: Raymond Clark Title: Building Supervisor Address: 2016 Old Alvin Road, Pearland, TX 77581 Phone: 281.652.1684 IF TO CONTRACTOR: Foster Fence Attn: Thomas Graham Title: Account Manager Address: P.O. Box 98116, Houston, TX 77213 Phone: 281.456.7273 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 COMPENSA TOR Y 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 Service Contract Standard form Page 4 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. TI -US 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 en 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 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. (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, OF 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 consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 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 Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 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 'I); 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. 34. 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: Bici:/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment ❑: Warranty Requirements Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6of7 DocuSign Envelope ID: 736A633B-E39A-4OO6-BB41-4A62453AB946 Incorporated by Reference Only: Exhibit 1: BuyBaard Contract No. 857-21 Exhibit 2: Contractor's Bid/Proposal Response Service Contract Standard Form rage 7 of 7 Approved as to Legal Form 6,28.2021 DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 ATTACHMENT A — SCOPE OF WORK Scope of services provided shall consist of gate and fence repair and preventative maintenance services, for the City of Pearland, as needed, per the specifications of vendor Time, Material, Equipment Rate Schedule and BuyBoard Contract No. 657-21. DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 ATTACHMENT B — BID/PRICING SCHEDULE Pricing is as follows, per contractor's response to the same, as per attached Time, Material, Equipment Rate Schedule and BuyBoard Contract No_ 657-21. DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 II EQS I E� TIME, MATERIAL, EQUIPMENT RATE SCHEDULE 01/01/2023 The rates set cut below include payroll taxes, insurance, overhead and profit. FENCE & ACCESS LABOR Superintendent Safety Manager Fence Foreman — Operator Fence Installer Gate Operator Technician Gate Operator Helper Crew Down Time / Stand-by Time ACCESS REPAIR SERVICE CALLS Access Service — Call Out Fee first hour Access Service — Labor per additional hour Access Zone Charge — Service calls outside Houston Area $100/ hour travel time Parts — Quoted on Site EQUIPMENT RENTALS Pickup Truck Crew Truck with Hand Tools (26,000 GVW) 1 Ton Truck (Flat Bed) Service Truck (less than 26,000 GVW) t30 CFM Air Compressor Welding Machine with Lead 80# Paving Breaker Skid Loader with Attachments Track Skid Loader with Attachments Mini -Excavator with Attachments Rates Effective January 1, 2023 RATE 1 HOUR $80.50 $80.50 $61.50 $46.00 $68.50 $47.00 $430.00/ hr_ $160.00 $100.00/ hr. $100.00/hr. RATE/HOUR $20.00 $33.50 $23.50 $27.50 $15.50 $12.50 $10.00 $30.50 $36.85 $50.00 (281) 456-7273 (281)456-0221 Fax FOSTER FENCE LTD P.O. Box 96116 Houston, -1'X 77213 www,festerfence.cam info@tbsterfenct.com DocuSign Envelope ID: 736A633B-E39A-4DD6-BB41-4A62453AB946 �ntt11FOS.—E�Z> TIME, MATERIAL, EQUIPMENT SCHEDULE Cont. LABOR RATES MINIMUM LABOR CHARGE The minimum labor charge is four hours per man per day on all work assignments. SUPERVISOR A foreman will be assigned to all jobs. The foreman will work with his craft. When two (2) crews are working on same job, a supervisor is required; the foreman of each crew will always be a working foreman. OVERNIGHT LODGING For work site locations more than 50 miles from home office location of 15700 Beaumont Hwy, Houston TX, contractor will be reimbursed a per diem cost of $ 100.00 per day per man. TRAVEL TIME Contractor will be reimbursed at the published hourly rate for travel time paid its employees from a designated assembly point to be agreed upon by Contractor and Customer which shall cover time required to travel to and from jobs_ Such time allowed shall be considered as work time and will be included in the total hours for all the day's work. The designated point is Foster Fence's warehouse/yard unless specified otherwise, OVERTIME Overtime rates at 1.5 times straight time rate will apply to hours worked on Saturday, Sunday and Holidays, Foster Fence normally works a 50 hour week. Rates Effective January 1, 2023 (281) 456-7273 (281) 456-0221 Fax FOSTER FENCE LTD P.C). Box 96116 Houston, TX 77213 www,1'c sterfence,corn infe@fosterfence,com DocuSign Envelope ID: 736A633B-E39A-4OO6-BB41-4A62453AB946 II FOS II TIME, MATERIAL, EQUIPMENT SCHEDULE Cont. EQUIPMENT RATES The stated equipment rates include cost of maintenance, overhead, profit and insurance. Transportation costs will be charged on all equipment to and from jobsite. A minimum of four hours per day per unit will be charged on equipment for work less than one-half day. Daily rates are based on single shift usage. Daily rates apply to each shift. OUTSIDE EQUIPMENT RENTAL If it becomes necessary to use equipment not available or not falling under classifications listed in the Rate Schedule, Contractor will rent equipment with the Company's approval. A. Equipment requiring fueling will be charged at Contractor's actual cost for equipment, delivery, fuel and maintenance plus 15% B, Other Equipment and tools will be charged at actual cost plus 15%. MATERIALS AND SUPPLIES Contractor will purchase material and supplies, with Company's approval. Material and supplies will be charged at Foster Fence Ltd list price less 5% SUBCONTRACTORS Contractor will employ subcontractors with Company's approval. Charges for employing subcontractors will be at Contractors actual cost plus 15%. Approved: Brent Price, Controller Rates Effective January 1, 2023 (281 } 455-7273 (281) 456-0221 Fax FOSTER FENCE LTD P.C. Box 96116 Houston, TX 77213 www, fo sterfence.corn info fosterfence,cot)