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Home My WebLink AboutR2023-263 2023-10-23DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31 BB718 RESOLUTION NO. R2023-263 A Resolution of the City Council of the City of Pearland, Texas, amending a contract for Preventative Maintenance and Repairs to HVAC Systems and Ice Machines with TD Industries, in the additional amount of $64,000.00 (total contract amount of $546,157.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby amends a contract with TD Industries, in the additional amount of $64,000.00. Section 2. The City Manager or his designee is hereby authorized to execute a contract amendment for HVAC Systems and Ice Machines repair and maintenance services. PASSED, APPROVED and ADOPTED this the 23rd day of October, A.D., 2023. a— DocuSigned by: 9z '-D4001AG1393r4r2 . J. KEVIN COLE MAYOR ATTEST: rDocuSigned by: Frs Q itr'3OCC22 31rrr415 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: -DocuSignedby: rr '-C13CA090DD1r4OG.. DARRIN COKER CITY ATTORNEY .Y1,,,, i�llr N2 L}` ▪ r • S ff lIIllil li^�� 4y DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Date of Issuance: Consultant: Contract #:_ CITY OF PEARLAND Engineering & Public Works Department 2016 Old Alvin Pearland, Texas 77581 General Services Contract Amendment For HVAC Repairs and Quarterly Maintenance October 24, 2023 TDlndustries, Inc. RFP0423-09 Explanation for Amendment: Amendment No: 1 PO#: 2023-00001976 Resolution #: R2023-184 This Amendment encompasses the following: Rental of (1) 40 -ton DX and (4) 1.2 Ton Heat Pumps for Fire/EMS Administration Building. Description of Work 1. Maintenance & Repair Service: Rental Equipment Please attach back-up documentation Cost & Time Change Summary: Original Contract: Previous Amendment(s): Net increase (decrease) from this Amendment: Revised Contract: Cost $ 64,000.00 Cost $482,157.00 $ 64,000.00 $546,157.00 Signatures. By signing below, the parties agree to the terms of this Contract: XCQ;Fne ARLAND: $4 P CONTRAGTOR**: 10/25/2023 I 9:05 AM CDT, aik icer *Signed :y: late: City Manager Assistant City Manager Director Superintendent/Manager Date *Contract Signature Authority: Title: Date: 10/09/2023 James Venegas Senior Vice President Time 108 Days Time 365 Days 0 Days 0 Days 365 Days CDT 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+ GSA Amendment 1 of 2 4/2019 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F ** Contractor agrees to perform change(s) included in this Contract Amendment for the price, scope and/or time indicated. The prices for changes include all costs associated with this Contract Amendment. No work shall be performed until this Amendment is executed and a changed purchase order has been issued by the City. Upon execution by all parties, the changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract, and all other provisions of the original contract shall remain in full force and effect. GSA Amendment 2 of 2 4/2019 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F TDlndustries is licensed and regulated by the Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 1 -80O -8O3-9202 or 512-463-6599 www.iicense.state.tx.us Texas State Board of Plumbing P.O. Box 42O0 Austin, TX 78765 0\4• • 4> TDlndustries Company: City of Pearland (Parent) Building Name: City of Pearland - Fire/Ell/1S Administration Bldg Bill to Address: 3519 LIBERTY DR PEARLAND, TX 77581 Building Address: 2703 Veterans Drive Pearland, TX 77584 Contact: Ray Clark Job Name: (1) 40 -Ton DX and (4) 1.2 -Ton Portable Units Rent - 9/22/23 thru 2/8/24 Phone: Date: September 25, 2023 Email: rclark@pearlandtx.gov Proposal No: 000046711 TDlndustries, Inc. is very pleased to have the opportunity to provide pricing for the above referenced property. Please find listed below the scope of work that will be performed. Scope of Work: Rental for (1) 40 -Ton DX and (4) 1.2 -Ton Heat Pumps from 9/22/23 till 2/8/24 • Customer responsible for routine maintenance and daily operation of temp equipment. • Compliance with all city codes, including pulling any required permits/licenses/etc. • Confirming the application stated above is the application HVAC RNTL will see at the job site. Any changes to your application stated on this proposal could result in additional charges. • Any type of safety signage, including Fencing, Signs, Hazard Lights, Walkway barriers, security will be at owners expense. • The customer must call or email that the rental is complete 48 hrs. in advance so that HVAC RNTL can log and check running machines. • Rental stops when equipment arrives in HVAC RNTL Yard. • Fuel used and not replenished wilt be billed @ $7.00 per gallon • Planned Maintenance Service for rental generators is required every 250 hours of operation. Failure to provide this maintenance will result in additional charges. • There will be a $105.00 cleaning fee for any unit that is not returned the same way the unit was received. • The minimum billing period is one month (28 Days). • Three days equals the weekly rate. • Seventeen days, equals one month (28 Days). • Three Weeks equals a month. • Additional weeks will be invoiced at 1/3 the cost of the monthly rental rate. • Additional months are invoiced at the previously specified monthly rental rate. • This price includes (1) filter change to be performed by TDlndustries technician Notes: • This proposal does not include after-hours labor • Additional repairs will be quoted separately Total Price for Labor and Materials (Excluding Sales Tax) $64,000.00 Net due upon receipt of invoice. Remit to P.O. Box 30O0O8, Dallas, TX 753O3-0008 Thank you very much for the opportunity to provide pricing for the work listed above. Please contact me at the numbers listed below if you have any questions or need further information. DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Respectfully submitted, Vasile Siminitchi TDlndustries Vasile.Siminitchi@TDlndustries.com Accepted by Date Page 2 of 4 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F Clarifications • Following our core value to "Fiercely Protect", our employees are empowered to stop work at any time where they deem the safety of themselves or anyone else is in jeopardy. We will immediately seek to resolve any concerns by engaging with our customer and safety department to elevate the issue which will allow work to resume. This proposal is based on performing work during normal working hours and at normal wage rates paid by TDlndustries, Inc. Price is based on the assumption that the structure is of sufficient strength that all piping, duct and equipment can be supported from it. Proposal is inclusive of all permits and inspections as required by local and state agencies. Where work is being performed under a General Contractor, we will validate under Contractors Building Code permit. Please Note: Stated pricing valid for 14 days from issue date. All pricing is based on award of contract and work commence not later than 60 days from the date of this proposal. • TDlndustries, Inc. assumes no responsibility for existing services / conditions, their quality and/or performance. • Existing valves must close and hold. • TDlndustries, Inc. assumes no responsibility for condition of utilities or parking lots/roadways above or below grade. • TDlndustries disclaims any responsibility for incorrect data contained in the plan, specs and/or engineering data. Proposal is based on use of building elevators. Delays Caused by Coronavirus Concerns. Notwithstanding any other provision of this Agreement, any delay caused by good faith actions taken by Owner, Design -Builder, or federal, state or local government agencies in an effort to thwart, limit, prevent or treat coronavirus shall be excused. This excuse shall also apply to a shortage of materials or labor as a result of the coronavirus threat. Exclusions: Sheetrock or concrete cutting, removal or patching of any nature. • Cleaning or painting of existing grilles. • Ceiling removal or replacement. • Electrical work. • Electrical temperature control, interlock and power wiring. • Electrical disconnect. • Electrical or power wiring, including conduit or junction boxes or disconnect switches and starter components. Concrete work of any nature. Cutting or patching of drywall or block walls. Cutting or patching of existing pavement for incoming services. • Smoke dampers or smoke ventilation other than stair pressurization. • Insulation of existing un-insulated ductwork. • Modifications of existing ductwork and piping due to conflict with new lighting fixtures or new structural/architectural modifications. Repairs or modifications of existing mechanical equipment or systems. • Roof cutting and patching unless specified by owner • Roofing work. Cutting roof deck. Leveling roof curbs. • Gas piping. • Any pre-existing conditions (gas pressure, electrical, structural). • Any hot water problems that exist outside the scope of the boiler room (mixing). • Additional work required to meet OSHA or ADA standards. Any additional work not listed in the scope above will require written authorization by the customer before TDlndustries, Inc. can proceed. Revised 09/2021 13850 Diplomat Drive, Dallas, TX 75234 - 972-888-9370, Fax #972-888-9520 License # A/C TACLA33969C (Dallas, San Antonio), Plumbing M36450 — Gary Barr (Dallas, Austin, San Antonio), Electrical TECL17889 (Dallas, Houston), Sanitary Sewer N/A, FLS ACR-3105, SCR -1064, ECR-1944, B-11764 Page 3 of 4 DocuSign Envelope ID: 77D082F6-4CDC-4F66-A373-D8BE83C3237F LIMITED WARRANTY 1 EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRIES: TDlndustries, Inc. shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty )copies of which will be furnished upon request) or customary practice, the repair or replacement of equipment, goods, or material that are defective In material or workmanship. The foregoing shall constitute the exclusive remedy of the customer and sole obligation of TDlndustries, In. THERE ARE NO WARRANTIES, EITHER WRITTEN OR ORAL, IMPLIED OR STATUTORY RELATING TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PARAGRAPH. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 2 LABOR - TDlndustries, Inc. warrants its labor associated with the project above, to be free from workmanship defects for a period of 90 -days from the date of completion unless otherwise noted above. Sewer and Drain Cleaning - TDlndustries, Inc. warrants its workmanship for sewer and drain cleaning for a period of 24 hours from the date of completion, Any foreign material retrieved from sewer or drain during the warranty period will discharge the warranty and incur additional costs for clearing the stoppage. 3 This proposal is submitted for customers consideration with the understanding that it must be approved by TDlndustries, Inc. after its acceptance by the customer and is not binding upon TDlndustries, Inc. until so approved in writing. 4 Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your purchase order or in any similar such communication are hereby objected to by TDlndustries, Inc. and shall not be binding nor effective unless assented to in writing by an authorized representative of TDlndustries, Inc. Any order or any statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall constitute customers assent to the terms and conditions of this proposal. THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. STANDARD TERMS AND CONDITIONS THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. 1 TDlndustries, Inc. liability or any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part thereof involved in the claim. TDlndustries, Inc. shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDlndustries, Inc. TDlndustries, Inc. shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential, incidental or penal damages including, but not limited to, loss of profits, revenues, loss of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of the Customer for such damages. If TDlndustries, Inc. furnishes Customer with advice or other assistance which concerns labor, equipment, goods, or material furnished hereunder, or any systems or equipment in which of such equipment, goods, or material may be installed, and which is not pursuant to this contract, the furnishing of such advice or assistance will not subject TDindustries, Inc. to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. 2 If TDlndustries, Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the site, Ti]industries, Inc. will stop work and report the condition to the owner or owners' representative. TDlndustries, Inc. will not resume work in the affected area until the asbestos, PCB's or other hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat. 3 Any installation dates given in advance are estimated. Installation will be subject to prior orders with TDlndustries, Inc. TDlndustries, Inc. shall not be liable for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, delays in usual sources of supply, major changes in economic conditions, or, without limitation by the foregoing, any cause beyond TDlndustries, Inc. reasonable control. 4 On arrival of any equipment, goods and material at the shipping address specified on the reverse side hereof, Customer shall assume all risk or loss or damage to such equipment, goods, or material. 5 In the event Customer requires TDlndustries, Inc. to delay shipment or completion of the work under this proposal, payment pursuant to this proposal shall not be withheld or delayed on such account. TDlndustries, Inc. shall have the right to deliver any portion of the equipment, goods or material to be furnished hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance with terms of the payment hereof upon notification that such shipment is ready for delivery, notwithstanding the fact that Customer may be unable to receive or provide suitable storage space for any such partial delivery. In such event, such portion of the equipment, TDlndustries, Inc. may store goods or material ready for shipment at Customer's risk and expense. 6 The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDindustries, Inc. shall be liable for, either on its own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this proposal, shall be in addition to the prices set forth herein and shall be paid by Customer. 7 If the equipment, goods or material furnished hereunder requires the use of water Of steam, recirculated or otherwise, TDlndustries, Inc. shall not be liable for the effect of its physical or chemical properties upon said equipment, goods or material. 8 All skilled or common labor which may be furnished by the Customer shall be considered and treated as Customer's own employees, and Customer agrees to fully protect and indemnify TDlndustries, Inc. against all claims for accidents or injuries to such employees in the course of the work, or to any person or persons through the negligence of such employees. 9 No oral representations are binding upon TDlndustries, Inc. unless reduced to writing and signed by an authorized representative of TDlndustries, Inc. All chanties to this contract must be in writlnn. 10 Effective November 1, 2020, all credit card transactions with TDlndustries, inc. will include a surcharge fee of 3% of the total transaction amount. This fee does not exceed our cost of acceptance. Page 4 of 4