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HomeMy WebLinkAboutR2024-246 2024-12-09Docusign Envelope ID: AFAE9C65-AB7E-4C37-9517-3F283BE17F38 RESOLUTION NO. R2024-246 A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal cooperative purchasing program for the purchase of manhole rehabilitation services from SewperCoat Professional Services, in the estimated amount of $380,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the purchase of manhole rehabilitation services from SewperCoat Professional Services, in the amount of $380,000.00, is hereby approved. Section 2. That the City Manager or his designee is hereby authorized to execute an agreement for the purchase of manhole rehabilitation services. PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2024. ,-DocuSigned by: 2rnonn5ooc2A47s J. KEVIN COLE MAYOR ATTEST: DocuSigned by: FrataGs 1106,,, &EC22'31 FFF495 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: -E-1-3CA008-B-B-1-1-4B6 DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. C1125-07 Manhole Rehabilitation THIS CONTRACT ("Contract") is entered into by and between the City of Peariand, a Texas home - rule municipal corporation ('City') and Contractor {.Contractor"), and consisting of the following parts- I. Summary of Contract Terms II. Signatures Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments L Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II. Signatures National Works Inc_ 1078 San Marcos Hwy Luling, TX 78648 Contractor will provide Manhole rehabilitation services, Sanitary Sewer with SewperCoat, for the City of Pearland. as needed, per the specifications of The interlocal Purchasing System (TIPS) #22010701 Service Contract #O1125-07estimated amount of $380,000,00 December 9, 2024 December 8, 2025 0 2024-xxx ,;-TSlIn0F.PEARLAN0 CONTRACTOR jati, Rardtui 12/19/2024 I 3:01 PM CST X54&26.-9S.Co4D48.0_. National Works Irf. . Purchasing Officer (—DocuSigned by: Date Title: Vice President 11/13/2024 12/19/2024 I 4:46 P ST *Signe by: (late 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 Coirltil i isalution over $G0,004 Service Contract standard Form. Approved as to Legal Form 6.28.2021 with contract clause addendum 2024 Page 1 of 7 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 Il.a. Signatures - Contract Clause Addendum State of Texas laws require that entities utilizing public funds incorporate the following contract clauses into all agreements involving the distribution of such funds. Please sign to acknowledge compliance with the conditions below. Name of Authorized Contractor Representative: Travis Allen Signature: - Cate: 11/13/2024 Required Contract Clauses A. Texas Government Code - Chapter 2271. Prohibition on Contracts with Companies that Boycott Israel. By signing this Agreement, the CONTRACTOR/CONSULTANT certifies that, if it is a company with at least 10 full-time employees and has a value of at least $140,000 that is paid wholly or partly from public funds, that it: a. does not boycott Israel; and b. will not boycott Israel during the term of the contract. B. Texas Government Code ; Chapter 2274. Prohibition on Contracts with Companies that Discriminate Against Firand Ammunition Industries. By signing this Agreement, the CONTRACTOR/CONSULTANT certifies that, if it is a company with at least 10 full-time employees and has a value of at least $100,000 that is paid wholly or partly from public funds, that it: a. does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and b. will not discriminate during the term of the contract against a firearm entity or firearm trade association. C. Texas Government Code - Chapter 2276. Prohibition on Contracts with Cora anies Boycotting Certain Energy Companies. By signing this Agreement, the CONTRACTOR/CONSULTANT certifies that, if it is a company with at least 10 full-time employees and has a value of at least $100,000 that is paid wholly or partly from public funds, that it: a, does not boycott energy companies; and b. will hot boycott energy companies during the term o₹ the contract. Standard Contract Provisions WHEREAS, Contractor to provide Services ("Services") in response to The Interlocal Purchasing System (TIPS) #22010701 includes the required scope of work and all specifications_ 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, Service Contract Standard Form. Approved as to Legal Page fi of 7 Form 6.28,2021 with contract clause addendum 2024 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 whichever is later. The parties may mutually extend the Term of this Contract for no additional 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 $390,000.00, 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 shalf invoice no more frequently than once per month, All pricing must be in accordance with the TIPS interlocal cooperative purchasing system, 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 ernailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayabfepearlandtx_.ov 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: City of Pearland — Purchasing Officer For department: Utilities — Pearland Water - Wastewater Phone: 281.652.1600 Email: purchasing[c+pearlandtx,gov 5. Insurance; Bands. (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 CCi 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 reference into this Contract. (B) Contractor shall provide any required payment band, performance bond, or both, prior to commencement at performance under this Contract. The terms, conditions and amounts of the bonds and appropriate surety information shall be included in the RFR/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 Service Contract Standard Form. Approved as to Legal IL Form 6.28.2.021 with contract clause addendum ZQ24 Page 1 of 7 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 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_ In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, far the period stated therein_ Attachment 0, the entirety of which, is attached to this is incorporated into this Contract. (g) (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 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 of the 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 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 bidlquote/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 Service Contract Standard Form. Approved as to Legal Page 'I of 7 Form 6.28.2021 with contract clause addendum 2a24 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 r _ - _ 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 Pearlarrd Attn; David Kent Title: Distribution and Collection Superintendent Address 2016 Old Alvin Rd, Pearland, TX 77581 Phone: 281.552.1905 IF TO CONTRACTOR: National Works Inc Attn: John Lande Title: General Manager Address: 1078 San Marcos Hwy, Luling TX 78648 Phone: 830.875.2770 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 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 BYLAW. 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 Service Contract Standard Form. Approved as to Legal Page 1 at 7 Form 6.28.2029 with contract clause addendum 2024 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434O8A0O984 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 terrnination. 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. to 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 L ontract, 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 arid, 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 end inconsistencies wiFi be resolved by reference to the documents in the following order of priority- A. this Contract (excluding attachments and exhibits); B. its attachments; (B) 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it mny be nrnenclad, and +c) comprete Form 12U5 ' Qertific-ate of lrrterested Parties" as part of this Contract if required by said statute for items approved by Service Contract Standard Form. Approved as to Legal Fore.28,2a2i with contract clause addendum 2024 Page1 of 7 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 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. N.B. 88. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verities that the company noes not boycott Israel anti 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 partia/ly 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: Pricing Schedule/Quotation Attachment C: Insurance and Bond Requirements Attachment ❑: Warranty Requirements Incorporated by Reference Only: Exhibit t The Interlocal Purchasing System (TIPS) contract Exhibit 2: service Contract Standard Form. Approved as to Legal Form 6.28.2021 with contract clause addendum 20z.4 Pape 1 of 7 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 ATTACHMENT A - SCOPE OF WORK Scope of services shati consist of the contractor to provide Rehabilitation sanitary sewer manhole with SewperCoat Services, for the City of Pearland, as needed, per the specifications. Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 ATTACHMENT B — BID/PRICING SCHEDULE National Works, Inc. The Intrrlocal Purchasing System (TIPS) #22010701 Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 ATTACHMENT C — INSURANCE REQUIREMENTS Contractors performing work or 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 herein, Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages es 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 Workers' Compensation Employers' Liability Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles C) Hired vehicles Amount of Insurance Statutory Limits $100,000 per occurrence Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - S1,000,000 Combined Single Limit - $1,000,000 Provisions City to be provided a WAIVER OF SUBROGATION and 30 - day notice of cancellation or material change in coverage. 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. Certificate of Insurance forms may be sent to Purchasing Department Docusign Envelope ID: 87DC3857-15F9-45E9-A357-5434C8A0D984 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.