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R-2015-153 2015-09-21RESOLUTION NO. R2015-153 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for school zone flasher systems with Southwest Signal Supply, Inc. in the estimated amount of $ 50,000.00 for the period of October 1, 2015 through September 30, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously solicited unit supply bids for the supply of school zone flasher systems and such bid was awarded. Section 2. That the City Council hereby renews the bid with Southwest Signal Supply. Inc., in the unit price amounts reflected in Exhibit "A" attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for school zone flasher systems. PASSED, APPROVED and ADOPTED this the 21ST day of September, A.D., 2015. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR o`�....• v tit to Bid Number: 0714-48 Bid Title: Networked School Zone Flasher Systems Opening Date: Tuesday, August 12, 2014 @ 2:00 p.m. CST School Zone Flasher System - Equipment Cost: School Zone Flasher System - Installation Cost: Total Per System: Quantity: Total for All Systems: Central Software System: Removal of Equipment: RESOLUTION NO. R2015-153 Exhibit "A" Southwest Signal Supply, Inc. Florida Traffic Control Devices, Inc. South Houston, Texas Houston, Texas $4,796.00 $5,706.25 $975.00 $2,513.59 $5,771.00 $8,219.84 21 21 $121,191.00 $172,616.64 $4,025.00 $841.43 $6,420.00 $1,182.87 Total: $131,636.00 $174,640.94 School Zone Sign and Flasher Inventory June 2014 School Road Name Classification Roadway Speed School Zone Speed # of Lanes Divided Roadway Signs L/R Flasher Comments Proposed Change Massey Ranch FM 1128 Major Thoroughfare 50 35 2 No Right Yes Rogers FM 1128 Major Thoroughfare 50 35 2 No Right Yes Berry Miller FM 1128 Major Thoroughfare 50 35 2 No Right Yes Sam Jamison FM 518 Major Thoroughfare 45 35 4 No Right Yes Glenda Dawson FM 865 Major Thoroughfare 45 30 4 Yes Right Yes Pearland SH 35 Major Thoroughfare 45 30 4 No Right Yes Nolan Ryan FM 2234 Major Thoroughfare 45 35 4 Yes Right Yes Barbara Cockrell McHard Rd Major Thoroughfare 45 30 4 Yes Right No Add 2 Dual Flashers Leon Sablature FM 518 Major Thoroughfare 40 25 4 No Right Yes Pearland East FM 518 Major Thoroughfare 40 35 4 No Right Yes Pearland West FM 518 Major Thoroughfare 40 25 4 No Right Yes Pearland Bailey Rd Major Thoroughfare 40 25 4 Yes Right No Add 1 Dual Flasher Pearland Oiler Rd Major Thoroughfare 40 25 4 Yes Right No Add 1 Median Sign Pearland Pearland Parkway Major Thoroughfare 40 25 4 Yes Right No Add 1 Dual Flasher Barbara Cockrell Old Alvin Rd Major Collector 40 25 2 No Right No Add 2 Single Flasher Alexander Old Alvin Rd Minor Collector 40 25 2 No Right No Add 2 Single Flasher Pearland South/Turner HS Veterans Rd Secondary Thoroughfare 40 20 2 No Right No Add 2 Single Flasher Magnolia Magnolia Rd Secondary Thoroughfare 35 20 4 Yes Right Yes Curve in road Pace Center FM 518 Major Thoroughfare 35 25 4 No Right Yes State Road Challenger Hughes Ranch Rd Secondary Thoroughfare 35 20 2 No Right Yes Curve in road Rogers Fite Rd Major Collector 35 20 4 No Right No Berry Miller Fite Rd Major Collector 35 20 4 No Right No Pearland South Bailey Rd Major Thoroughfare 35 20 3 No Right No Robert Turner Bailey Rd Major Thoroughfare 35 20 3 No Right No H. C. Carleston Harkey Rd Secondary Thoroughfare 35 20 2 No Right No H. C. Carleston Fite Rd Major Collector 35 20 2 No Right No Pearland South McLean Rd Major Collector 35 20 2 No Right No Glenda Dawson Hughes Ranch Rd Secondary Thoroughfare 35 29 2 No Right No Robert Turner McLean Rd Major Collector 35 20 2 No Right No C.J. Harris Barry Rose Rd Secondary Thoroughfare 30 20 4 Yes Right No Add 1 Median Sign Shadycrest Liberty Dr. Major Collector 30 20 4 No Right No Glen York Kingsley Dr Secondary Thoroughfare 30 20 4 Yes Right No Add 2 Median Signs Glen York Trinity bay Dr. Minor Collector 30 20 4 Yes Right No Add 2 Median Signs Mary Burks Marek Kirby Dr Secondary Thoroughfare 30 20 4 Yes Right No Add 2 Median Signs Laura Ingalls Wilder Kingsley Dr Secondary Thoroughfare 30 20 4 Yes Right No Add 2 Median Signs Laura Ingalls Wilder Regents Bay Dr Major Collector 30 20 4 Yes Right No Add 2 Median Signs Nolan Ryan Business Center Dr Secondary Thoroughfare 30 20 4 Yes Right No Add 2 Median Signs Jr. High East/Pace Center Old Alvin Rd Major Collector 30 20 2 No Right No C.J. Harris Schleider Dr Minor Collector 30 20 2 No Right No C.J. Harris E. Plum ST Residential 30 20 2 No Right No Challenger Bryan Ct Residential 30 20 2 No Right No Page 1 School Zone Sign and Flasher Inventory June 2014 School Road Name Classification Roadway Speed School Zone Speed 4 of Lanes Divided Roadway Signs L/R Flasher Comments Proposed Change Challenger N. Hampton Dr Residential 30 20 2 No Right No Rustic Oaks Rustic Oaks Minor Collector 30 20 2 No Right No Rustic Oaks Stevenson Rd Minor Collector 30 20 2 No Right No Rustic Oaks Westfield Ln Residential 30 20 2 No Right No Shadycrest Shadybend Dr Residential 30 20 2 No Right No Shadycrest E. Circle Dr Residential 30 20 2 No Right No Shadycrest W. Circle Dr Residential 30 20 2 No Right No Shadycrest Misty Ln Residential 30 20 2 No Right No Alexander Swensen Rd 30 20 2 No Right No Leon Sablature S. Galvenston Ave. Residential 30 20 2 No Right No Leon Sablature Park Ave Residential 30 20 2 No Right No Leon Sablature E. Plum ST Residential 30 20 2 No Right No Sam Jamison Anthony Ln Residential 30 20 2 No Right No Sam Jamison Woody Rd Residential 30 20 2 No Right No Sam Jamison Cherry St Residential 30 20 2 No Right No Sam Jamison Pear St Residential 30 20 2 No Right No Sam Jamison Corrigan Dr Residential 30 20 2 No Right No Pearland West S. Galvenston Ave. 30 20 2 No Right No Pearland West N. Galvenston Ave. 30 20 2 No Right No Pearland West E. Plum St Residential 30 20 2 No Right No Pearland West Park Ave Residential 30 20 2 No Right No Glenda Dawson Hawk Rd Residential 30 20 2 No Right No Glenda Dawson Hillhouse Rd Residential 30 20 2 No Right No Page 2 City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract Resolution No. R2015-153 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: Contract Amount: Effective Date: Termination Date: Renewal: Southwest Signal Supply, Inc. 1107 Jackson Street South Houston, TX 77587 Supply school zone flasher systems as needed in accordance with specifications of City of Pearland Bid #0714-48; City Council Resolution #R2015-153. Not To Exceed $50,000 October 1, 2015 September 30, 2016 Exercising renewal cne (1) 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 OFPE•' •ND` Pur Sig by: Da e: (; 9/L? i S Date ity Manager Assistant City Manager Director Program Manager 'Contract Signature Authority: CONTRACTOR: Title: �? 4_ ID; c s d e .JC Date: Program Manager -$5,999 or less Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 Ill. 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 ail 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 w.nich 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 taw. E. Assignment. The Contractor shall not assign tnis 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 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 partes. IV. Special Terms or Conditions. None. V. Additional Contract Documents. The fol;owing 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 #0714-48 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 providing school zone fasher systems as needed for the City of Pearland based on Bid #0714-48 and Contractor's response to the same, as listed below: School Zone Flasher System - Equipment Cost: $4,796.00 School Zone Flasher System - Installation Cost: $975.00 Total Per System: $5,771.00 Quantity: 21 Total for All Systems: $121,191.00 Central Software System: $4,025.00 Removal of Equipment: $6,420.00