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Item 4G CITY OF SOUTHLAKE 4G _ 1 MEMORANDUM October 6, 2017 To: Shana K. Yelverton, City Manager From: Chris Tribble, Director of Community Services Subject: Approve annual purchasing agreement with Ed's Electric Service through an interlocal agreement with the City of Hurst for electrical services Action Requested: City Council approval of the annual purchasing agreement with Ed's Electric Service for electrical installation and repair services 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. Through the Interlocal Agreement, the City of Southlake has used Ed's Electric for electrical installation and repair services. A copy of the Interlocal Agreement is attached to this memo. 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 three times leaving one more renewal option available. A copy of the 2017-2018 renewal letter from the City of Hurst is attached to this memo. The City of Southlake has used Ed's Electric for electrical installation and repair services since signing the Interlocal Agreement in 2007. Recently, services provided by Ed's Electric have exceeded $50,000 annually; therefore, requiring City Council approval of the agreement. 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 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 City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana K. Yelverton, City Manager 4G - 2 Meeting Date — October 17, 2017 Page 2 of 3 special projects and occasionally the City's Public Works Department. As requests for electrical services have increased, so has annual spending towards the Ed's Electric agreement: FY 2014: $ 53,700 FY 2015: $ 40,900 FY 2016: $107,800 FY 2017: $181 ,400 As you can see, in the past 2 years the City has had to invest more in electrical repairs and installation. Below is a list of services and projects that contributed to the increased spending on electrical services in FY 2016 and FY 2017. FY 2016 FY 2017 City-wide Repairs $64,800 City-wide Repairs $79,200 & Replacement & Replacement Upgrade Town $29,000 Upgrade electrical $21 ,000 Square Fountain outlets along Lights Marq promenade Replace column $11 ,000 Electrical & light $22,000 lights in Frank installation at Cornish Park Dove/Peytonville Roundabout PW Projects $3,000 Replace lights at $15,000 Bob Jones Park PW Projects $44,200 Total $107,800 Total $181 ,400 Since service requests are exceeding $50,000 annually, staff is requesting City Council's approval of the annual purchasing agreement with Ed's Electric per the City's purchasing guidelines. Financial Consideration: Funding for the purchase of electrical installation and repair services is provided for in the FY 2018 General Fund, Southlake Parks Development Corporation Fund, Strategic Initiative Fund and Utility Fund budgets. City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Shana K. Yelverton, City Manager 4G - 3 Meeting Date — October 17, 2017 Page 3 of 3 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 October 17, 2017 Legal Review: 2007 Interlocal Purchasing Agreement reviewed and approved by City Attorney Alternatives: Alternatives include: • Approval of request as presented • Approval of request with modifications • Decision not to approve request Supporting Documents: • 2007 Interlocal Purchasing Agreement • 2017-2018 City of Hurst Contract Renewal with Ed's Electric Service Staff Recommendation: City Council approval of annual purchasing agreement with Ed's Electric Service through an interlocal agreement with the City of Hurst for electrical services City of Southlake Values.- Integrity alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4G - 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) 4G - 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) 4G - 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 (ac svcs-pest control bid specs-031+. (25) 4G - 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) 4G - 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 4G - 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 4G - 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 12014, 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) r March 14, 2017 Ed's Electric Service 7160 Baker Blvd Richland Hills, TX 76118 RE: Bid #14-012 - Citywide Electrical Installation 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, 2016 through June 11, 2017. The effective dates for the third renewal option will run from June 11, 2017 through June 11, 2018. The City of Hurst Purchasing Department hereby extends an invitation to Ed's Electric Service 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, 2018. Yes, Ed's Electric Service will accept the offer to extend the same contract pricing th ugh June 11, 2018. ❑ Yes, Ed's Electric Service will accept the offer to extend the contract through June 11, 2018, but with the attached price changes. ❑ No, Ed's Electric Service will NOT accept the offer to extend the contract. Please email response to purchasingghursttx.gov by March 31, 2017. Sincerely, � 7 Jackie Wyatt Company Contact Risk/Purchasing Assistant Company Name and Contact's Position