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R-2015-155 2015-09-14RESOLUTION NO. R2015-155 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit price contract with Lone Star Pavement Services, Inc. for road striping services in the estimated amount of $120,000 for the period of September 16, 2015 through September 15, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded a bid for road striping services. Section 2. That the City Council hereby renews the bid with Texas Lone Star Paving Services. at the unit price amount reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a contract for road striping services. PASSED. APPROVED and ADOPTED this the 14'x' day of September. A.D.: 2015. ATTEST: NG LOIt. TR Y SEC: TARY APPROVED AS TO FORM: DA'RIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2015-155 Exhibit "A" Bid Tabulation Road Striping Services Bid #0613-58 Vendor Texas Lone Star Pavement Services, Inc. Texas Lone Star Pavement Services, Inc. Current Contract Pricing Prior Contract Pricing 4" Solid or Broken White Line (Paint) Material Cost Per Linear Foot $0.113 $0.11 Labor Cost Per Linear Foot $0.0719 $0.07 Extended Price $0.1849 $0.18 4" Solid or Broken Yellow Line (Paint) Material Cost Per Linear Foot $0.113 $0.11 Labor Cost Per Linear Foot $0.0719 $0.07 Extended Price $0.1849 $0.18 8 -Inch Solid White Line (Paint) Material Cost Per Linear Foot $0.185 $0.18 Labor Cost Per Linear Foot $0.123 $0.12 Extended Price $0.308 $0.30 12 -Inch Solid White Line (Paint) Material Cost Per Linear Foot $0.6168 $0.60 Labor Cost Per Linear Foot $0.4110 $0.40 Extended Price $1.0278 $1.00 24 -Inch Solid White Line (Paint) Material Cost Per Linear Foot $1.23 $1.20 Labor Cost Per Linear Foot $0.82 $0.80 Extended Price $2.05 $2.00 White Arrow (Paint) Material Cost $30.84 $30.00 Labor Cost $20.56 $20.00 Extended Price $51.40 $50.00 Only Legend (Paint) Material Cost $30.84 $30.00 Labor Cost $20.56 $20.00 Extended Price $51.40 $50.00 Railroad Crossing Legend Complete (Paint) Material Cost $123.36 $120.00 Labor Cost $82.24 $80.00 Extended Price $205.60 $200.00 School Zone Legend (Paint) Material Cost $46.26 $45.00 Labor Cost $30.84 $30.00 Extended Price $77.10 $75.00 Elimination of Pavement Markings by Grinding Material Cost Per Linear Foot $0.00 $0.00 Labor Cost Per Linear Foot $0.51 $0.50 Extended Price $0.51 $0.50 4" Solid or Broken White Line (Thermo -Plastic) Material Cost Per Linear Foot $0.37 $0.36 Labor Cost Per Linear Foot $0.246 $0.24 Bid Tabulation Road Striping Services Bid #0613-58 Vendor Texas Lone Star Pavement Services, Inc. Texas Lone Star Pavement Services, Inc. Current Contract Pricing Prior Contract Pricing Extended Price $0.616 $0.60 4" Solid or Broken Yellow Line (Thermo -Plastic) Material Cost Per Linear Foot $0.37 $0.36 Labor Cost Per Linear Foot $0.246 $0.24 Extended Price $0.616 $0.60 8 -Inch Solid White Line (Thermo -Plastic) Material Cost Per Linear Foot $0.431 $0.42 Labor Cost Per Linear Foot $0.287 $0.28 Extended Price $0.718 $0.70 12 -Inch Solid White Line (Thermo -Plastic) Material Cost Per Linear Foot $0.86 $0.84 Labor Cost Per Linear Foot $0.575 $0.56 Extended Price $1.435 $1.40 24 -Inch Solid White Line (Thermo -Plastic) Material Cost Per Linear Foot $1.788 $1.74 Labor Cost Per Linear Foot $1.19 $1.16 Extended Price $2.978 $2.90 White Arrow (Thermo -Plastic) Material Cost $58.59 $57.00 Labor Cost $39.06 $38.00 Extended Price $97.65 $95.00 Only Legend (Thermo -Plastic) Material Cost $74.01 $72.00 Labor Cost $49.34 $48.00 Extended Price $123.35 $120.00 Railroad Crossing Legend Complete (Thermo -Plastic) Material Cost $77.10 $75.00 Labor Cost $51.40 $50.00 Extended Price $128.50 $125.00 School Zone Legend (Thermo -Plastic) Material Cost $74.01 $72.00 Labor Cost $49.34 $48.00 Extended Price $123.35 $120.00 Elimination of Pavement Markings by Grinding Material Cost Per Linear Foot $0.00 $0.00 Labor Cost Per Linear Foot $0.514 $0.50 Extended Price $0.514 $0.50 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Resolution No. R2015-155 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. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Effective Date: Termination Date: Renewal: Lone Star Pavement Services, Inc. 27045 Hanna Road Conroe, TX 77385 Road Striping Services in accordance with specifications of City of Pearland Bid #0613-58; City Council Resolution #R2015-155 September 16, 2015 September 15, 2016 Exercising renewal two (2) of two (2) one-year renewals allowed upon mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY 0 CTed by At City : nager Assis ant City Manager Director Program Manager *Contract Signature Authority: CONTRACTOR: Date: 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+ 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 fumish 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 mayterminate 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 tails 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 defautt. 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 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 Bid #0613-58 shall be construed as additional contract documents. B. City's Additional Contract Documents: 1. City standard insurance requirements 2. Scope of Services, Exhibit A. Exhibit A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of conducting road striping services as needed for the City of Peariand Bid #0613-58 and Contractor's response to the same. as listed below: — — Description i Unit Cost $0.113 4" Solid or Broken White Line (Paint) Material Cost Per Linear Foot Labor Cost Per Linear Foot $0.0719 Extended Pnce $0.1849 4" Solid or Broken Yellow Line (Paint) Material Cost Per Linear Foot $0.113 Labor Cost Per Linear Foot $0.0719 50.1849 _ _ Extended Price 8 -Inch Solid White Line (Paint) Material Cost Per Linear Foot $0.185 Labor Cost Per Linear Foot $0.123 Extended Pnce $0.308 12 -Inch Solid White Line (Paint) Matenal Cost Per Linear Foot $0.6168 Labor Cost Per Linear Foot $0.411 Extended Pnce $1.0278 24 -Inch Solid White Line (Paint) Material Cost Per Linear Foot $1.23 Labor Cost Per Linear Foot $0.82 Extended Price $2.05 White Arrow (Paint) Material Cost $30.84 Labor Cost $20.56 Extended Price 551.40 Only Legend (Paint) Material Cost $30.84 Labor Cost 520.56 Extended Price $51.40 Railroad Crossing Legend Complete (Paint) Material Cost $123.36 $82.24 Labor Cost Extended Pnce $205.60 School Zone Legend (Paint) Material Cost $46.26 Labor Cost $30.84 Extended Pnce $77.10 Elimination of Pavement Markings by Grinding Material Cost Per Linear Foot 80.00 Labor Cost Per Linear Foot 80.51 Extended Price 80.51 4" Solid or Broken White Line (Thermo -Plastic) Matenal Cost Per Linear Foot i___ 80.37 Labor Cost Per Linear Foot $0.246 Extended Price 80.616 4" Solid or Broken Yellow line (Thermo -Plastic) Material Cost Per Linear Foot 80.37 Labor Cost Per Linear Foot 80.246 Extended Price 80.616 8 -Inch Solid White Line (Thermo -Plastic) Matenal Cost Per Linear Foot 80.431 Labor Cost Per Linear Foot 80.287 Extended Pnce 80.718 12 -inch Solid White Line (Thermo -Plastic) Material Cost Per Linear Foot 80.88 Labor Cost Per Linear Foot 80.575 ^Extended Pnce 81.435 24 -Inch Solid White Line (Thermo -Plastic) Material Cost Per Linear Foot 81.788 Labor Cost Per Linear Foot _ 81.19 Extended Price 82.978 White Arrow (Thermo -Plastic) Material Cost 858.59 Labor Cost 839.06 Extended Price 897.65 Only Legend (Thermo -Plastic) Material Cost 874.01 Labor Cost $49.34 Extended Price 8123.35 Railroad Crossing Legend Complete (Thermo -Plastic) Material Cost 877.10 Labor Cost 851.40 Extended Pnce _ 8128.50 School Zone Legend (Thermo -Plastic) Matenal Cost $74.01 Labor Cost 849.34 Extended Price $123.35_ Elimination of Pavement Markings by Grinding Material Cost Per Linear Foot $0.00 Labor Cost Per Linear Foot 80.514 Extended Price 80.514