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R-2015-219 2015-11-23RESOLUTION NO. R2015-219 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply bid for fire apparatus & preventative maintenance and repairs to Metro Fire Apparatus Specialists in the estimated amount of $60,000 beginning November 24, 2015 and ending November 24, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City awards a supply contract bid for fire apparatus & preventative maintenance and repairs, and such bid were reviewed and tabulated. Section 2. That the City Council hereby awards the bid with Metro Fire Apparatus Specialists, 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 contract for fire apparatus & preventative maintenance and repairs. PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2015. ATTEST: MARIA E. RODRIGUEZ DEPUTY CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR O: ; ,\ =U • Bid No. 1016-01 Title Fire Apparatus Preventative Maintenance and Repair Siddons Martin Emergency Group Metro Fire Apparatus Specialists, Inc. Line Description UOM QTY Unit Unit 1 Preventative maintenance on TM 114: 2009 Ford Super Duty 550 Waterous 250gpm 300 -gallon tank capacity, with 40 gal class B foam tank EA 1 $800.00 $2,200.00 2 Preventative maintenance on TH 120: 2001 E -One Metropolitan 75' Quint with a Cummins 400hp, ISM400 diesel engine, Allison HD4060P transmission, Hale 2000 gpm, QMAX-200 mid -ship pump with foam EA 1 $1,295.00* 3 Aerial preventative maintenance on TH 120: 2001 E -One Metropolitan 75' Quint with a Cummins 400hp, ISM400 diesel engine, Allison HD4060P transmission, Hale 2000 gpm, QMAX-200 mid -ship pump with foam EA 1 $1,425.00 4 Preventative maintenance on TH 131: 2004 US Tanker/Spartan Gladiator tanker with Cummins 450hp, ISM diesel engine, Allison EVS400P transmission, Hale 1500 gpm, QMAX mid -ship pump EA 1 $1,295.00* $4,600.00 5 Preventative maintenance on TH 133: 2006 Spartan with Cummins 400hp, ISL diesel engine, Allison 3000 transmission, Hale 1500 gpm, QMAX150-23L mid -ship pump with CAFS EA 1 $1,295.00 * $4,600.00 6 Preventative maintenance on TH 137: 2009 Spartan pumper with a Cummins 400hp, ISL diesel engine, Allison 3000 transmission, Hale 1500 gpm, QMAX150-23L mid - ship pump with CAFS EA 1 $1,295.00 * $4,600.00 7 Preventative maintenance on TH 138: 2010 Spartan pumper with a Cummins 400hp, ISL diesel engine, Allison 3000 EVSP transmission, Hale 1500 gpm, QMAX150-23L mid -ship pump EA 1 $1,295.00* $4,600.00 8 Preventative maintenance on TH 140: 2011 Spartan pumper with a Cummins 400hp, ISL diesel engine, Allison 3000 EVSP transmission, Hale 1500 gpm, QMAX150-23L mid -ship pump EA 1 $1,295.00 * $4,600.00 9 Preventative maintenance on TH 141: 2013 Spartan ERV pumper with a Cummins ISL 450 engine, Allison 3000 EVS transmission, Hale QMAX 1500 gpm pump EA 1 $1,295.00* $4,600.00 Resolution No. R2015-219 Exhibit "A" Siddons Martin Emergency Group Metro Fire Apparatus Specialists, Inc. Line Description UOM QTY Unit Unit 10 Preventative maintenance on TH 142: 2013 Pierce Impel Pumper, Hale QMAX 1500gpm pump, Cummins 450hp ISL9, Allison Gen IV 3000 EVS-P EA 1 $1,295.00 * 11 Preventative maintenance on TH 143: 2013 Pierce Impel 75' Ladder, Hale QMAX 1500gpm pump, Cummins 450hp ISL9, Allison Gen IV 3000 EVS-P EA 1 $1,295.00* 12 Aerial preventative maintenance on TH 143: 2013 Pierce Impel 75' Ladder, Hale QMAX 1500gpm pump, Cummins 450hp ISL9, Allison Gen IV 3000 EVS-P EA 1 $1,525.00 13 Preventative maintenance on TH 145: 2015 Pierce Quantum Pumper, Hale QMAX 1500gpm pump, Cummins 450hp ISL9, Allison Gen IV 3000 EVS-P EA 1 $1,295.00* 14 Hourly labor rate for general repairs identified during preventative maintenance inspection. HR 1 $105.50 $125.00 15 Hourly labor rate for unscheduled call out to the City of Pearland. HR 1 $116.50 $125.00 Total * Unit prices do not include air and breather filters, generator maintenance, air dryer maintenance, semi-annual service, foam system maintenance or transynd fluid change (every three years). SPARTAN MOTORS 141Reyno („it._1 ,_ 'I 1'.`.I R ARTANt.tDTOREi.COPA November 16, 15 To Whom It May Concern: This letter is in regards to the Authorized status of Metro Fire Apparatus Specialists. Metro Fire Apparatus Specialist has been an approved Spartan Authorized Service Center since 2007, they are currently in good standing and have fulfilled all training requirements to date. Metro Fire Apparatus Specialist is the only repair facility within 127 miles that is authorized by Spartan to repair our units without voiding the warranty. If you have further questions feel free to contact me. Regards, i<1411401144” Greg Rinehart Spartan Motors Service Development & Training Lead 1541 Reynolds Road Charlotte, MI 48813 P: 517-543-6400 Ext: 3122 F: 517-541-3837 Spot ton Molars, Inc City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract Resolution No. R2015-219 Exhibit "A" 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 HI. 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: 1I. Signatures. By signing below, CITY OF PLAND" Purchaass • . Officer f i Siddons-Martin Emergency Group PO Box 974615 Dallas. TX 75397-4615 Contractor will perform preventative maintenance and repairs on fire apparatus, per the specifications of City of Pearland bid # 1016-01; City Council Resolution #82015-219. Unit Supply Contract, Estimated at $60,000. November 24, 2015. November 23, 2016. Two (2) one-year renewal options available, upon mutual agreement of both parties. the parties agree to the terms of this Contract: 4/4y/s- ' `/r. //''�S. 'Date ed by: Date: City Manager Assistant City Manager Director Program Manager `Contract Signature Authority: CONTRACTOR: Title: t c I=t'LSj,��cT Date: /t%/%} 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+ IIt. 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 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 wilt 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. 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, eitherwritten 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 attorneys 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 specked 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 #1016-01 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. Scope of Services as listed on the attached. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of performing preventative maintenance and repairs on fire apparatus, per the specifications of City of Peartand bid # 1016-01; City Council Resolution #R2015- 219. Pricing as follows per contractor's response to the same, as listed below: Preventative maintenance on TH 120: 2001 E -One Metropolitan 75' Quint with a Cummins 400hp,1SM400 diesel engine, Allison HD4060P transmission, Hale 2000 gpm, QMAX-200 mid -ship pump with foam $1,295.00• Aerial preventative maintenance on TH 120: 2001 E -One Metropolitan 75' Quintwi ha Cummins 400hp, ISM400 diesel engine, Allison HD4060P transmission, Hate 2000 gpm, AMAX -200 mid -ship pump with foam $1,425.00 Preventative maintenance on TH 142: 2013 Pierce Impel Pumper, Hale QMAX 1500gpm pump, Cummins 4S0hp 1519, Allison Gen IV 3000 EVS-P $1,295.00` Preventative maintenance on TH 143: 2013 Pierce Impel 75' Ladder, HateQMAX 1S00gpm pump, Cummins 450hp ISL9, Allison Gen IV 3000 EVS-P $1,295.00• Aerial preventative maintenance on TH 143: 2013 Pierce Impel 75' Ladder, Hale QMAX 1500gpm pump, Cummins 450hp IS19, Allison Gen IV 3000 EVS-P $1,525.00 Preventative maintenance on TH 145: 2015 Pierce Quantum Pumper, Hale QMAX 1500gpm pump, Cummins 4S0hp 1519, Allison Gen P1 3000 EVS-P $1,295.00` Hourly labor rate for general repairs identified during preventative maintenance inspection. 5105.50 Hourly labor rate for unscheduled call out to the City of Pearland. 5116.50 * Unit prices do not include air and breather filters, generator maintenance, air dryer maintenance, semi-annual service, foam system maintenance or transynd fluid change (every three years).