R-2016-086 2016-06-13RESOLUTION NO. R2016-86
A Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply bid for electric and Supervisory Control and
Data Acquisition (SCADA) services with Boyer, Inc. in the estimated
amount of $1,000,000 for the period of June 16, 2016 through June 15,
2017.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded unit price bids for electric and
SCADA services.
Section 2. That the City Council hereby renews a bid with Boyer, 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
unit supply contract for electrical and SCADA services.
PASSED, APPROVED and ADOPTED this the 13t" day of June, A.D., 2016.
ATTEST:
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UNG L FING,
TY SE RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Bid Tabulation: Electrical and SCADA Services
Bid Opening Date: Tuesday, May 13, 2014
Bid Number: 0314-32 Addendum 1
Resolution No. R2016-86
Exhibit "A"
City/State
Telephone Number
Contact Name
Boyer, Inc.
Houston, TX
713-466-5395
Mark L. Boyer
Powergen Controls, LLC
Pearland, TX
615-538-0073
Juan P. Restrepo
Prior Bid Pricing
(DMG Electric)
Line
Description
QTY
UOM
Unit
Unit
Unit
1
Standard Rate Per Hour
1
HR
$90.00
S150.00
$45.00
2
Helper Rate Per Hour
1
HR
$35.00
$100.00
$32.50
3
Emergency Repair Rate Per Hour
1
HR
$135.00
$225.00
$45.00
Total
$260.00
5475.00
$122.50
Service Call/Trip Charge
No Charge
No Charge
$50.00
Minimum Charge per Call -Out
2 hours
2 hours
4 hours
Materials/Supplies Mark-up
20%
10%
10%
Warranty for Labor/Workmanship
1 Year
3 Months
3 Months
Warranty for Materials/Supplies
1 Year
Per Manfacturer Warranty
Normal Business Hours
7 am -5:30 pm
7:30 am - 5:00 pm
7:00 am - 3:30 pm
If emergency or after hours service is
required, can your company respond?
Yes
Yes
Emergency Respond Time
2 hours
2 hours
Phone Number
281-598-0332
615-538-0073
Emergency Phone Numbers
281-841-3209
832-235-6007
Resolution No. R2016-86
City of Pearland ., ,
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Pearland, TX 77581 ,,. :-, .F .-
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: Boyer, Inc.
8904 Fairbanks N. Houston Rd.
Houston, TX 77064
Description of Services: • A unit price contract for general electrical and S.C.A.D.A. services
on an as needed bases for the Wastewater Treatment and Water
Production Plants in the City of Pearland, per the specifications of
bid#0314-32; City Council Resolution#R2016-86.
Amount: Contract is as needed based on fixed unit cost, estimated at
$1,000,000.
Effective Date: June 16, 2016
Termination Date: June 15, 2017
Renewal: Final renewal
II. Signatures. By signing below, the parties agree to the terms of this Contract
CITY OF P LAND CO$T CTOR: Boyer, Irany� ,
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Purc asin O icer Da a Al Mark L. Boyer' Preside/it
Date: June 15, 2016 ✓ /:
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*/,,ed by- ate: — 6
City anager
Assistant City Manager
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.
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 Contractor 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 mediators 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. 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#0314-32.
2.. Insurance Certificate listing City of Pearland as additional insured.
13. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of services.
CONTRACT/Page.3
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of general electrical and S.C.A.D.A.services on an as needed
bases for the Wastewater Treatment and Water Production Plants in the City of Pearland per the
specifications set forth in Bid #0314-32 and contractor's response. Pricing is as follows per the
contractor's response to the same, as listed below.
BID TABULATION—PRICING RESPONSE:
Description Unit
Standard Rate Per Hour $90.00
Helper Rate Per Hour $35.00
Emergency Repair Rate Per Hour $135.00
Service Calif-Trip Charge No Charge
Minimum Charge Per Call Out 2 hours
Materials/Supplies Mark-up 20%
Warranty for Labor/Workmanship 1 Year.
Warranty for Materials/Supplies 1 Year
CONTRACT/Page 4