Item 4S CITY OF 4S - 1
SOUTHLAKE
MEMORANDUM
September 12, 2016
To: Shana Yelverton, City Manager
From: Candice Edmondson, Deputy Director of Community Services
Subject: Approve contract with Ed's Electric Service for electrical
services within the Southlake parks and recreation
system
Action
Requested: City Council approval of a contract with Ed's Electric Service
for electrical services within the Southlake parks and
recreation system
Background
Information: In 2007, the City of Southlake entered into an Interlocal
Purchasing Agreement with the City of Hurst for the purchase
of various commodities or services. One of the services that
have been utilized through the Interlocal Agreement is a
contract with Ed's Electric Service. A copy of the Interlocal
Agreement is attached to this memo for your review.
In June 2014, the City of Hurst released a request for bid for
citywide electrical installation and repair services. The bid was
re-awarded to Ed's Electric and the two parties entered into a
one-year agreement with four (4) one-year renewal options.
To date, the contract has been renewed twice leaving two
more renewal options available. A copy of the 2014 contract
and most recent renewal is attached to this memo for your
review.
The City of Southlake has used Ed's Electric for electrical
installation and repair services since signing the Interlocal
Agreement in 2007. Until recently, services provided by Ed's
Electric have not exceeded $50,000 annually; and therefore,
contracts and renewals have been approved by the City
Manager.
As the City continues to expand its parks system the need for
electrical installation and repair services has also increased. In
addition, the infrastructure in some of the City's older parks
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
4S - 2
Shana Yelverton, City Manager
Meeting Date — September 20, 2016
Page 2 of 3
has aged and requires more frequent repairs or replacement.
Ed's Electric also provides installation and repair services for
city special events, parks system capital improvement and
special projects and occasionally the City's Public Works
Department as needed.
As requests for electrical services have increased, so has
annual spending towards the Ed's Electric contract:
FY 2014: $53,694
FY 2015: $40,843
FY 2016: $67,140 (to date)
Since service requests are starting to exceed $50,000, staff is
requesting City Council's approval of the contract with Ed's
Electric per the City's purchasing guidelines.
Financial
Consideration: Funding for the purchase of electrical installation and repairs is
provided for in the FY 2017 Parks General Fund and Special
Events General Fund budgets, as well as the Southlake Parks
Development Corporation Fund for capital improvement
projects and annual special projects within the parks system.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Performance Management & Service Delivery
and meets the corporate objectives to collaborate with select
partners to implement service solutions and invest to provide
and maintain high quality public assets.
Citizen Input/
Board Review: City Council consideration September 20, 2016
Legal Review: 2007 Interlocal Purchasing Agreement reviewed and approved
by City Attorney
Alternatives: Alternatives may include:
■ City Council approval of request as presented
■ City Council approval of request with modifications
■ City Council denial of request
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
4S - 3
Shana Yelverton, City Manager
Meeting Date — September 20, 2016
Page 3 of 3
Supporting
Documents: 2007 Interlocal Purchasing Agreement
2014 City of Hurst Contract with Ed's Electric Service
2016 City of Hurst Contract Renewal with Ed's Electric Service
Staff
Recommendation: Approve a contract with Ed's Electric Service for electrical
services within the Southlake parks and recreation system
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
- 4S - 4
INTERLOCAL AGREEMENT OFFICIAL RECORr
BETWEEN THE CITY OF HURST AND THE CITY OF SOUTHLAKE
This agreement is made this 1?7
day of`W401 2007, between the City of Hurst and
the City of Southlake, Texas.
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter 791 Texas
Government Code, providing for the cooperation between local government bodies, the parties
hereto,in consideration of the premises and mutual promises contained herein agree as follows:
Whereas, the parties, in performing governmental functions or in paying for the performance of
governmental functions hereunder shall make that performance or those payments from current
revenues legally available to that party,
Whereas, the governing bodies of each party find that the subject of this contract is necessary for
the benefit of the public, and that each party has the legal authority to perform and to provide the
governmental function or service which is the subject matter of this contract; furthermore, the
governing bodies find that the performance of this contract is in the common interest of both
parties; and that the division of cost fairly compensates the performing party for the services
performed under this contract.
I.
The City of Southlake, hereby makes, constitutes and appoints the City of Hurst its true and
lawful purchasing agent for the purchase of various commodities or services provided by
contracts or purchase agreements, hereinafter referred to as contract, awarded by the City of
Hurst. Conversely, The City of Hurst, hereby makes, constitutes and appoints the City of
Southlake its true and lawful purchasing agent for the purchase of various commodities or
services provided by contracts awarded by the City of Southlake.
To utilize one or more of existing contracts, the non-contract awarding City must request
authorization from the contract awarding City. Upon receipt of request, the contract awarding
City will seek approval from the contracted provider. The non-awarding City agrees that the
awarding City shall serve as the purchasing agent for selected items, and agrees that the bidding
shall be conducted by the awarding City according to its usual bidding procedures.
R.
Each party to this agreement agrees that all specifications for selected items or services shall be
as determined by the contract awarding City.
III.
Each party agrees to pay the supplier for its respective goods and services purchased pursuant to
this agreement. The successful bidder or bidders shall bill directly the City placing order for all
goods and services purchased, and that City shall be responsible for the supplier or contractor's
compliance with all conditions of delivery and quality of the procurement.
interlocal agreement with city of southlake-0207 (1)
• • 4S - 5
IV.
Deb Russell, or her successor, is hereby designated as the official representative to act for the
City of Southlake in all matters relating to this agreement. Stephen Cole, or his successor, is
hereby designated as the official representative to act for the City of Hurst in all matters relating
to this agreement.
V.
This agreement shall take effect upon execution by both signatories.
VI.
Either party may terminate the Agreement by giving the other party as least thirty(30) days
written notice of termination,provided all work accomplished or goods or services provided
shall be paid for in accordance with the contract up to the date the termination becomes effective.
VII.
Either party agrees to be responsible for any and all liability or damages to itself or any other
party, individual, or entity arising from the sole negligence of said party. The two (2) parties
agree that damages or liability occurring during the performance of this Agreement caused by the
joint or-comparative negligence of both parties, their agents, servants and employees, shall be
determined in accordance with the comparative responsibility requirements of the State of Texas.
VIII.
If it is a larger public works project, there will be statutory bid,performance,payment and
materialmen bonds.
IN WITNESS WHEREOF,the parries hereto have caused this agreement to be executed by their
authorized officers the day and year first above written.
CITY OF SOUTHLAKE CITY OF HURST
By By
Title 4WV Title City Manager
Date f�Sr' l '�7� Date7
interlocal agreement with city of southlake-0207 (2)
4S - 6
ATTACHMENT IV
STANDARD FORM OF AGREEMENT
BETWEEN THE CITE.' OF HURST AND CONTRACTOR
THIS AGREEMENT is emctive as of the date stated on the signatory page by and between the
City of Hurst(hereinafter called OWNER) and
ce-
1_ � 4 s County of
of the City of �i _
Gyi � ,
State of '7f—> (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1..WORK.
The PROJECT for the Work detailed udder the Contract Documents (see Article 7 of this
Agreement for'stems included in the "Contract Documents") is generally identified as follows:
City-wide Exter-nzulation Services
Bid Reference Number: 14-013
l
Article 2, CONTRACT TIME AND ADDITION OR.REMOVAL OF FACILITIES.
2.1. This contract will be for a twelve (12) month period effective the date of signa=e
on this document. At the City's option, it may be renewed for up to four (4) additional
twelve (12)-inonth periods. The City of Hurst reserves the right to add or remove
facilities from this agreement at any time. if a facility is added the price will be
>tegotiated at the time of the addition and will beco>ne a part of this agreement.
Article 3. CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR the prices in CONTRACTOR's bid quote plus
additional work performed when authorized by OWNER. Additional work shall be paid
based on the negotiated price for the facility where the work is to be performed.
Article 4. PAYMENT PROCEDURES.
4.1 payment to CONTRACTOR will be after satisfactory completion of scheduled
service or OWNER authorized service and receipt of invoice or other billing instrument
used by CONTRACTOR. All charges are to be less sales tax as OWNER is tax exempt.
Bid P:14-0 1 1
(ae svcs-pest control bid spccs•0314. (25)
4S - 7
Article 5. CONTRACTOR'S RE,PRESENTATIONS.
In order to induce OWNER to enter into this agreement CONTRACTOR makes the
following representations:
5.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract,
Documents, Work to be performed, site(s), locality, tests, reports, and all local conditions
and laws and regulations that in any mariner may affect cost, progress, perfomrance or
furnishing of the Work.
52 CONTRACTOR has correlated the results of all such observations, investigations,
explorations, tests, reports, and studies with the terms and conditions of the Contract
Documents.
5.3 CONTRACTOR has given OWNER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
by OWNER is acceptable to CONTRACTOR.
Article 6.MI TSCELLANEOUS
6.1 ASSIGNMENTS: No assignanents by a party hereto of any rights under or interest in
the Contract Documents will be binding ou another party hereto without written consent
of the party sought to be bound; and specifically,but without limitation,moneys that may
come due and moneys that are due may not be assigned without such consent (except to
the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
62 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
6.3 TERN NTATION: OWNER may terminate the Contract by giving CONTRACTOR
notice in writing. Upon delivery of such notice by OWNER to CONTRACTOR,
CONTRACTOR shall discontinue all services in coruzection with the performance of the
Contract and shall proceed to cancel promptly all existing orders and contracts insofar as
such orders or contracts are chargeable to this Contract. As soon as practicable after
receipt of notice of termination, CONTRACTOR shall submit-a statement, showing in
detail the services performed under this Contract to the date of the termination. OWNER
shall then pay CONTRACTOR that portion of the prescribed charges which the services
actually perforaned under this Contract bear to the total services called for under this
Contract less such payments on account of the changes as have been previously made.
and specifications .prepared under this Contract
Copies of all completed designs, pians,
shall be delivered to OWNER when and if this Contract is teirc iinated.
1
Bid#:14.043
fac svcs-pest con of bid specs-03 N. (26)
4S - 8
6.4 CLEANUP;
During Chemical Applications
CONTRACTOR shall, at all times, keep the job site free from materials, debris,
and rubbish as is practical and shall remove same fron7 any portion of the job site
when, in the opinion of the City's representative, it becomes objectionable,
ii3terferes with the project or endangers the safety of-die general public.
Final
Upon completion of (lie work, CONTRACTOR shall removc from the site, all
materials, tools and equipment belonging to lam, and leave the site with an
appearance acceptable to the City's representative. CONTRACTOR shall
thoroughly clean all equipment and material installed by him and shall deliver
over such materials and equipment in a clean and new appearing condition. Any
area damaged or disturbed by CONTRACTOR outside the City rights of way and
easements shall be restored to original condition to the satisfaction of the property
owner. A release from the property owner may be required. Restoration of all
other areas outside the actual work site shall be to original condition or as outlined
in the Contract Documents.
6.5 SUBCONTRACTING
1. CONTRACTOR may utilize the services of specialty subcontractors on those
parts of the work, which under normal contracting practices, are performed by
specialty subcontractors.
2. CONTRACTOR shall not award an work to an subconhactor until
CONTRACTOR submits to OWNER a written statement concerning the
ro osed award to the subcontractor, which statement shalt contain such
information as OWNER may require.
3. CONTRACTOR shall be as fully responsible to OWNER for the acts and
omissions of his subcontractors, and of persons either directly or indirectly
employed by them, as he is for the acts and omissions of persons directly
employed by him.
4. CONTRACTOR shall have a person that is on his payroll and with the
authority to snake decisions, on site at all tunes. This individual must be able to
communicate in English.
S. Nothing contained in this Contract shall create any contractual relation
between any subcontractor and OWNER- CONTRACTOR is an independent
contractor.
6.6 PERMITS AND LICENSES: CONTRACTOR shall procure at his expense all
pen-nits and licenses necessary, pay all charges and fees and give all notices
necessary and incident to the prosecution of the work. Pees, except for special
licensing, such as Master Electrician, etc., will be waived for required City
permits.
fac svgs-pest control bid specs-0314. (27) Bid th 14-013
4S - 9
6.7 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE: CONTRACTOR
will not discriminate against any employee or applicant for employment because
of race, color, sex, religion, national origin or disability. CONTRACTOR shall
take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, sex, religion,
national origin, or disability. Such action shall include, but not be liirsited to the
following: employment, upgrading, demotions or transfers, recruitment or
recruitment advertising, layoffs or termi-i>ations, rates of pay, or other forms of
compensation., selection of training, including apprenticeship, and participating in
recreational and education activities. CONTRACTOR will in all solicitations or
advertisements for employees placed by or on behalf of CONTRACTOR, state
that all qualified applicants will receive consideration of employment without
regard to race, color, sex, religion,national origin, or disability. CONTRACTOR
will cause the foregoing provisions to be inserted in all subcontracts for standard
commercial supplies,raw materials, and labor.
6.8 INSURANCE: Within ten (10) days of execution of this Contract, and before
CONTRACTOR begins Work, CONTRACTOR must provide OWNER with
proof of insurance as defined in the Contract Documents.
6.9 SAFETY: CONTRACTOR shall comply with all Occupational Safety and Health
Act(OSHA) standards and any other Federal, State or Local rules and regulations
applicable to construction anal/or mainteaiance activities in the State of Texas.
City Safety Personnel or any supervisor may, but are not required to, order that
the work be stopped if a condition of immediate danger is found to exist. Nothing
contained herein shall be construed to shift responsibility or risk or loss for
injuries or damage sustained as a result of a violation of theses safety articles from
CONTRACTOR to OWNER. CONTRACTOR shall remain solely and.
exclusively responsible for compliance with all safety requirements and for the
safety of all persons and property at the project site.
Article 7, CONTRACT DOCOMENTS.
The Contract Documents, which comprise the entire agreement between CONTRACTOR and
OWNER concerning the work,consist of the following:
7.1 Invitation to Bid
7.2 Bid Specifications and CONTRACTOR's Response
7.3 Insurance Attachment
7.4 Insurance Certificate(completed by CONTRACTOR's insurance agent/broker)
7.5 Exhibits of Facilities to be Serviced
raid R: la-Ui3
rac secs-pess control bid sixes-0344. I�S1
4S - 10
Executed on behalf of CONTRACTOR by its owner-or authorized representative shown below,
and on behalf of
OWNER by its authorized representative,this agreement will be
effective 4 day of :�LN12014,
0WNBR: CONTRACTOR:
City of Hurst
Narne: Lo5 6EGt0+C 5FJI111tUr
1505 Precinct bine Road
Address: 716a 619KEI? b;C urs
Hurst,TX 76054
City: 12IC66nfo Fill�. i
State: f fK f1S
Zip: 76119
ley: By:
Allan Weeaar
(Print Name) (Print Name}
City Manager �d
(Print Title) (Print Tiff)
Recommended By:
'— f �/
ib ature)
Allan Heindel
(Print Name)
Dau City Manager
(Title)
Approved as to Form and Legality day of �" ; 2014.
City Attorney
Bid 6:14-013
facSvcs-pest conaol bid specs-0314. (29)
OF
April 27, 2016 `
Ed's Electric Service
7160 Baker Blvd
Richland Hills, TX 76118
RE: Bid#14-012
Dear Ed,
Referenced contract was for five(5) year(s) with four(4)option(s)to renew for an
additional twelve (12)months. The original contract was for the period of June 11,2015
through June 11,2016. The effective dates for the second renewal option will run from
June 11, 2016 through June 11,2017,
The City of Hurst Purchasing Department hereby extends an invitation to Ed's Electric
for an additional one (1) year period for this contract as awarded on June 11,2014.
Please mark the appropriate response below and provide your signature above your
printed name. All prices must remain firm for the option renewal period through June 11,
2017.
XYes, Ed's Electric will accept the offer to extend the same contract pricing through
June 11,2017.
❑ Yes, Ed's Electric will accept the offer to extend the contract through June 11,2017,
but with the attached price changes.
❑ No, Ed's Electric will NOT accept the offer to extend the contract.
Please email response to purchasing-ghursttx. Tov by April 2,2016.
Sincerely,
744& QV00 cd 5r-H1v9,ez ( crwwVX)
Jackie Wyatt Company Contact
Risk/Purchasing Assistant Company Name and Contact's Position