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City of Pearland
3519 Liberty Drive Resolution No. R2015-74
Pearland. TX 77581 Exhibit "A"
General Services Contract
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.
Contractor: Brooks Concrete Inc.
4018 Allen Genoa
Pasadena, TX 77504
Description of Services: Annual Sidewalk and Street Maintenance, on an as needed basis
Amount: Based on fixed rates, not to exceed $800,000
Effective Date: May 18, 2015
Termination Date: May 17, 2016
Renewal: Two (2) one-year renewal options available, upon mutual
agreement of both parties, per Bid #0315-27
H. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF .77 CONj-4 1CTOR:
Si. ed by: Date: `� Title: ?f,2
-/City anager
Assis ant City Manager Date: _5 l 1 4, /S
Director
Program Manager
*Contract Signature Authority: Program 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+
Ill. Standard Contractual Provisions.
r.
A. Definitions.
Contract means this Standard Services Contract.
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 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.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in
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 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.
CONTRACT/Page 2
E. Assignment. The 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.
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.
I. 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 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.
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. The contractor's response to City's Bid #0315-27, dated April 10, 2015.
2. Insurance Certificate listing City of Pearland as additional insured.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of services.
CONTRACT/Page 3
City of Pearland
3519 Liberty Drive Resolution No. R2015-74 .s�
Pearland, TX 77581
Exhibit "A" ; zy�
General Services Contract
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.
Contractor: Precise Services Inc.
22337 Sandy Lane
Porter, TX 77265
Description of Services: Annual Sidewalk and Street Maintenance, on an as needed basis
Amount: Based on fixed rates, not to exceed $800,000 per Resolution
R2015-74
Effective Date: May 18, 2015
Termination Date: May 17, 2016
Renewal: Two (2) one-year renewal options available, upon mutual
agreement of both parties, per Bid #0315-27
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND* CONTRACTOR:
Signed •y: Date:
'I /J 'f)
�
Title: VI Ce, ?Ices I d n i-
City Manager � /, ���� '
Assistant City Manager Date: J/
Director
Program Manager
*Contract Signature Authority: Program 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+
IMO
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
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 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.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the Citys fiscal year in
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 negligent acts or
omissions in the performance of this Contract in accordance with applicable law.This provision does
CONTRACT/Page 2
not affect the right of eitherVeirty to this Contract who is sued by a thm►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. The 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.
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.
I. 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 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.
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. The contractor's response to City's Bid #0315-27, dated April 10, 2015.
2. Insurance Certificate listing City of Pearland as additional insured.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of services.
CONTRACT/Page 3
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of HVAC Refrigeration Repairs and Maintenance services
at the location listed below per the specifications set forth in Bid #0215-22 and Contractor's
response to the same.
LOCATION ADDRESS:
Recreation Center and Natatorium
4141 Bailey Road
Pearland, TX 77584
BID TABULATION— PRICING RESPONSE:
1 Bid No.0215-22 HVAC Refrigeration Repairs and Maintenance
The Lee Thompson
Bid Closed:3/24/15 Company
Line# 1Description UOM Unit Extended
2 HVAC Services for only the Recreation
Center and Natatorium location. 1 PKG $11,350.00
2.1 Technician-Standard Hourly Rate 100 Hours $95.00 $ 9,500.00
2.2 Helper-Standard Hourly Rate 20 Hours $75.00 $ 1,500.00
Percent mark-up for
2.3 materials/supplies/parts, based on an
annual spend of approximately$10,000. 1 EA 35%
2.4
Additional travel cost per call out, if
applicable. 1 EA $30.00 $ 30.00
r
2.5 Emergency Repair Rate (Rate which will be
charged after standard business hours). 1 EA $95.00 $ 95.00
Minimum charge per call out for
2.6
emergency repairs(after hours). 1 EA $225.00 $ 225.00
CONTRAC'T/Page 4
City of Pearland Resolution No. R2015-66 ��� pEq4.
3519 Liberty Drive Exhibit "A"
Pearland, TX 77581 11 n
General Services Contract
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.
Contractor: American Mechanical Service of Houston, LLC
P.O. Box 95000-2320
Stafford, TX 77477
Description of Services: HVAC Refrigeration Repairs and Maintenance on an as needed
basis
Amount: Contract is as needed based on fixed rates
Effective Date: May 18, 2015
Termination Date: May 17, 2016
Renewal: Two (2) one-year renewal options available, upon mutual
agreement of both parties, per Bid #0215-22
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY 0 AR N CONTRA TOR:
Signed by Date: 5 '('2 Title:
City Manager
Assistant City Manager Date: Vy,1/47‹ /7Ls1-4 01
Director
Program Manager
`Contract Signature Authority: Program 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+
r �
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. The 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.
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.
I. 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 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.
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 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. The contractor's response to City's Bid #0215-22, dated March 24, 2015.
2. Insurance Certificate listing City of Pearland as additional insured.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of services.
CONTRACT/Page 3
BID TABULATION — PRIC 3 RESPONSE
Bid No.0215-22 HVAC Refrigeration Repairs and Maintenance
Bid Closed: 3/24/15 American Mechanical
Line# Description QTY UOM Unit Extended
r
HVAC Services for all locations
1 excluding the Recreation Center
and Natatorium location. Note: any
quantities listed are estimates. 1 PKG $46,020.00
1.1 Technician - Standard Hourly Rate 500 Hours $78.00 $39,000.00
1.2 Helper- Standard Hourly Rate 100 Hours $68.00 $ 6,800.00
Percent mark-up for
materials/supplies/parts, based on
1.3
an annual spend of approximately
$40,000. 1 EA 15%
Additional travel cost per call out,
1.4
if applicable. 1 EA $ -
Emergency Repair Rate (Rate
1.5 which will be charged after
standard business hours). 1 EA $110.00 $ 110.00
Minimum charge per call out for
1.6
emergency repairs (after hours). 1 EA $110.00 $ 110.00
CONTRACT/Page 5
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May 13, 2015
American Mechanical Service of Houston, LLC
Attention: Steve Collings
PO Box 95000-2320
Stafford,TX 77477
Reference: Contract for HVAC Refrigeration Repairs and Maintenance—Bid#0215-22
Dear Mr.Collings:
Please be advised that your company has been awarded the contract for the HVAC Refrigeration Repairs
and Maintenance for Package #1 per Resolution No. R2015-66. The prices and provisions of the agreement
are stated in bid number 0215-22. The details of the agreement are as shown on the attached contract.
Please sign and date the contract and return a scanned copy to me via email.
DATE BID AWARDED: May 13,2015
CONTRACT BEGINS: May 18, 2015
CONTRACT ENDS: May 17, 2016
All orders shall be accompanied by a purchase order number. This purchase order number must appear on
all delivery tickets and invoices. The Public Works Department will be contacting you in regards to the
purchase order number and when the first repairs will be needed. Paul O'Connell will be your primary
contact,and his office line is 281-652-1684.
If you need any further information, please contact the Purchasing Division at(281)652-1790.
Sincerely,
Julie Blackmore
Buyer