R-2013-135-2013-08-26 RESOLUTION NO. R2013-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE PURCHASE AND INSTALLATION
OF A DISTRIBUTED ANTENNA SYSTEM WITHIN THE PUBLIC SAFETY
BUILDING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City recently received proposals for the purchase and installation
of a distributed antenna system within the Public Safety Building, and such proposals have
been evaluated.
Section 2. That the City Council hereby awards a bid to H2WR in the amount of
$59,602.52
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for the purchase and installation of a distributed antenna system within the Public
Safety Building.
PASSED, APPROVED and ADOPTED this the 26th day of August, A.D.,PLiS
TOM REID
MAYOR
ATTEST:
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Y G 2' , /M / r�-; N....�—
C r SE 'ETARY "'' �\
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
STANDARD CONTRACT FOR SMALL CONSTRUCTION PROJECTS
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. Contract Attachments
I. Summary of Contract Terms.
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Contractor: H2 W R
4100 N. Sam Houston Parkway, Suite 290
Houston,TX 77086-1467
Description of Services: Provision & installation:of:internal distributed antenna system at City. of
Pearland Public Safety Building, per specifications of City RFP#1213-18.
Maximum Contract Amount: $59,602.52
Effective Start Date: September 9,2013 .
Termination Date: October 22, 2013
Extension/Renewal: None contemplated at this time.
II. Signatures. By signing below,the parties agree to the terms of this Contract:
CITY OF PEARLANDY CONTRACTOR`
U
By: 'A
Signe y: Date: (7-6 - /3;. Title:
City Manager SV 4 6'4-4^
Assistant City Manager Date: ',�A,,5J- ,,off �I3
Director _'
Division Manager
*Contract Signature Authority: Division Manager-$5,999 or less.. .
Director-$6,000 to$30,000
City Manager/Assistant City Managers - $30,001 $50,000
City Council resolution - $50,001+(R2013-135)
•
III. Standard Contractual Provisions:
A. Definitions.
Contract means this Standard Contract for Construction Services.
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 riot 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 Ifthis Contract extends beyond the City's fiscal year ins 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 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. 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.
CONTRACT/Page 2
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.
L. 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 contractor 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, except as follows: any provision contained in any of the Contractor's Additional
Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's:
Additional Contract:Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
•
1. Vendor response to specifications of City RFP #1213-18, including system design plans as
accepted by City personnel.
2. Payment and performance bonds in full amount of contract; and City-required insurance -
certificate(s), as referenced in RFP Specifications.
B. City's Additional Contract Documents:
1. All specifications of RFP 1213-18.
CONTRACT/Page 3:
EXHIBIT A
CONTRACTOR'S SCOPE OF WORK
Vendor shall provide and install internal distributed antenna system in accordance with specifications of City
RFP #1213-18_. . Vendor~ agrees to provide all materials, equipment, labor and insurance necessary to
successfully install an operable system,subject to testing and acceptance of authorized City Police Department
personnel. -
CONTRACT/Page 4
CITY OF PEARLAND
CONTRACTOR INSURANCE REQUIREMENTS&AGREEMENT
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 herein. 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 Statutory Limits City to be provided a WAIF.
Employers' Liability $100,000 per occurrence 30 day
notice of cancellation-or material
change in coverage. .
2. Commercial General (Public) Personal Injury - $1,000,000 per City to be listed as additional
Liability to include coverage person; Property Damage - insured►end provided 30 day
for:. $1,000,000 per occurrence ; notice cancellation or material
a) Premises/Operations General Aggregate re ate-$1,000,000 ch a in coverage.
b). Products/Completed
Operations : - o�►�d,ec�ltwt e (��1i-ac,�er
c) Independent Contractors it/ I)41 a yste;41.4 tut
: . d) Personal Injury (Jfd r ez-n-kodif
e) Contractual Liability
3: Business Auto Liability to Combined Single Limit - City shall:be provided 30 day .
include coverage for: $1,000,000 'notice of cancellation or material
a) Owned/Leased vehicles change in coverage.
b) Non-owned vehicles
c) Hired vehicles
Certificate of Insurance forms may be faxed to Purchasing Department,attn: Trish Erndt,:@ 281-652-1738,
phone 281-652-1790, or by email to: terndt@ci.pearland.tx.us
:This form must be signed and returned with your quotation. You are stating that you do have the required
insurance and if selected to perform work for the City,will provide the certificates of insurance with the above
requirements to the City. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF
INSURANCE:
AGREEMENT
I agree to provide the above described insurance coverages within 10 working days if selected to perform
work for the.City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all
subcontractors performing work on the project.
Project/Bid# 1 -13-I g
Company: 16'tA U 3 P c-- Vendor#(if:applicable)
PrintedName: , : . 6-. I '- f P 4 15e-
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Signature: Date: ' gf
CONTRACT/Page.5