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R-2015-156 2015-09-14RESOLUTION NO. R2015-156 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the purchase and installation of lift station auto dialers to Electrical Field Services in the amount of $202,944.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City opened bids for the purchase and installation of lift station auto dialers. Section 2. That the City Council hereby awards the bid to Electrical Field Services, in the amount of $202,944.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the purchase and installation of lift station auto dialers. PASSED; APPROVED and ADOPTED this the 14thday of September, A.D.. 2015. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Bid No. 0815-60 Title Auto Dialers for Lift Stations Line Items MACAULAY CONTROLS COMPANY Resolution No. R2015-156 Exhibit "A" Electrical Field Services, Inc dba south Texas utilities and underground Bover.Inc . Line Description Mfgr MfgNo UOM QTY Unit Extended Unit Extended Unit Extended 1 RACO Verbatim VSS-8C Auto Dialer RACO 301 VSS-8C EA 42 2 Alt 1 the Aquavx Scout equipment includes the cellular equipment in Bid Item #1 above.Price of Item #1 includes two years service plan on each dialer. 52.102.00 $88,284.00 $2,538.00 $106,596.00 2 Cellularm 555BCELL-AC- G850/1900 RACO 555BCELL-AC- G850/1900 EA 42 52,290.00 596,180.00 52,195.00 592,190.00 3 Installation EA 42 51,190.00 $49,980.00 $440.00 $18,480.00 52,515.50 $105,651.00 4 Freight EA 1 51,300.00 $1.300.00 50.00 $0.00 52,415.00 52,415.00 Total Alternate Responses 5202,944.00 Line Description Mfgr MfgNo UOM QTY Unit Extended Suppl e' 1 Alt 1 We are bidding Aquavx as an alternate to the specified. 10 digital inputs 4 analog inputs 2 relay outputs 20 digita1130 analog Modbus RTU inputs 8 Modbus RTU digital outputs RS485 or RS232 communications Nema 4X enclosures are included. Aquavr Scout EA 42 $2,941.80 $123,555.60 MACAULAY CONTROLS COMPAN. 2 Alt 1 the Aquavx Scout equipment includes the cellular equipment in Bid Item #1 above.Price of Item #1 includes two years service plan on each dialer. Aquava Scout EA 42 S0.00 $0.00 MACAULAY CONTROLS COMPAt' $174,835.60 Y Y 5306,852.00 City of Pearland 3519 Liberty Drive Peariand, TX 77581 Resolution No. R2015-156 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: 1. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments 1. Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: Termination Date: Renewal: Electrical Field Services, Inc. 27911 FM 2100 Rd Huffman, TX 77336 Supply and install RACO Lift Station Auto Dialers in accordance with specifications of City of Pearland bid # 0815-60; City Council Resolution #R2015-156. $202,944 for 42 auto dialers and installation. September 14, 2015. January 08, 2016. None contemplated at this time. 11. Signatures. By signing below, the parties agree to the terms of this Contract: ✓ City anager Assi .tant City Manager Director Program Manager *Contract Signature Authority: CONTRACTOR: Title: Date: /o/ -I2 -is Program Manager -$5,999 or Tess Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ 111. 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 Govemment 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 terrninates 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 terrninates 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, Toss, 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 ansing 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 govemed 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 attomey's fees or other costs relating to the suit. K. Severabiiity. 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 #0815-60 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work). B. City's Additional Contract Documents: 1. City standard insurance requirements. 2. Scope of Services. CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of providing and installing 42 Auto Dialers at various lift stations including all electrical materials and connections.