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12-17-19-Resolution-Ratifying a Contract for Emergency Repair of the Electrical System-12/16/2019RESOLUTION NO* 124749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, RATIFYING A CONTRACT FOR THE EMERGENCY REPAIR OF DAMAGED ELECTRIC SYSTEM; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City experienced a major storm in October 20193 and WHEREAS, it was necessary to preserve the public health, safety and welfare, to relieve the residents' necessity to have Electric Utilities available; and WHEREAS, due to the unforeseen damage to the City's electrical system, it was necessary for the City to enter into an emergency repair contract without the time delay of competitive bidding to preserve and protect the public health and safety; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions existed and that it was necessary for City staff to procure by contract emergency repair of the electrical system. That this procurement was not subject to the competitive bidding requirements of Chapter 252 of the Texas Local Government Code because it was necessary to preserve and protect the public health and safety of the citizens of the City by provision of a full electric services. SECTION 2. That the actions of the City Manager and other responsible City staff in handling the emergency repair of the electrical system by executing a contract with Primoris of Fort Worth, Texas for the emergency repair of the electrical system and the expenditure in the amount of $86,695.19 are hereby ratified and approved. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. Js,,,1 DULY PASSED bel4e �C-�ty,!SO ATTF.CT• the City of Sanger, Texas, on the � day of �, 2019. APPROVED: Gr/1 44?!: " - THOMAS MUIR, MAYOR 9001 PRIMORIS C`I. ' - FORT WORTH, TX 761110 i1. c 3 (469)+iB+I-5828OFFICE, PrImo is T&D June 3, 2019 City ofi Sanger Electric Z02 Railroad Ave, PO Box 1729 Sanger, TX 76266 Attn: Mile Prater 940-391-9423 mprater saneertexas.or.9 Re; 2019-2020 Master Service Agreement Labor and Equipment Rates Mr. Prater: Primoris T&D Services appreciates the opportunity to submit the following Emergency Labor and Equipment Rates to be performed under the attached Statement of Terms and Conditions. In the development of these rates, the following assumptions were used: Assumptions: ➢ Billing for emergency response will begin upon departure from the crews' primary locations and will continue until such time as crews return to their primary location. The only exception to this shall be if Primoris T&D Services crews come to your location from another customer location and this is identified and agreed upon in advance. ➢ Crews will receive the Emergency Call Out Rate for the duration defined in the previous bullet. ➢ A four hour minimum will apply to any and all call outs. ➢ A calendar week is defined as 12:00am Sunday until 11:59pm Saturday. ➢ Sundays and Holidays will be billed at the Premium Rate. ➢ The following Holidays are observed: o New Year's Day o Good Friday o Memorial Day o independence Day o Labor Day o Thanksgiving Day (and the following day) o Christmas Day ➢ Equipment will be billed using the same hours as the crew. ➢ Materials will be provided by the City of Sanger. ➢ Any non -emergency work will be bid on an individual basis with T&C's executed for each unique project. This proposal assumes 100% of total price to have sales tax applied, If this project is exempt from sales tax provide a tax exemption certificate and applicable taxes will be removed from final invoice. please Our proposal shall expire if an executed copy is not received in our office within fifteen days from the date of this document. /s Page 1 of 6 InitialsV "No business objective is so important that It will be pursued at the sacrifice of safety" 9001 PRIMORIS CT t.: I FORT WORTH, TX 76140 (469) 484-5828 OFFICE P r i m ®rl s i &D The term of this contract will be for one {1) year from the execution date in the signature blocks below. A will need tci he be due vdithiif ti3irty {�fi) days of tine Nothing in this proposal shall be construed as an acceptance or promise to accept customer s terms and conditions. Primoris reserves the right to withdraw this proposal if presented with terms and conditions that it deems, in its discretion, unreasonable. We appreciate the opportunity to provide this pricing. Please feel free to contact Mike Wheeler _ler with any questions or concerns. Emergency Rates Classification Emergency Call Out Rate premium Rate General Foreman $154,41 $187.11 Foreman $119053 $144093 Crew Leader $113.77 $137693 Journeyman-2 $109.94 $133.24 Journeyman-1 $98.39 $119022 Apprentice 3-6 $83.35 $100.91 Apprentice 3-5 $75.27 $91.09 Apprentice 24 $66.77 $80.80 Apprentice 2-3 $60.61 $73.27 Apprentice 1-2 $54.25 $65.52 Apprentice 1-1 $51,19 $61.81 Heavy Equipment Operator $72.93 $88.25 Operator $65.88 $79.72 Pa e 2 of G Initials g "No business objective is so important that it will be pursued at the sacrifite of safety" 9001 PIZIMOIZIS CT FORT WORTH. TX 76140 - (<169) 1184-5828 OFFICE Promorls T&D EQUIPMENT Equipment Description Rate 1-ton Flatbed $18.52 1-ton pickup OH crew $20.47 3/4 ton pickup truck 4x4 crew cab $17.93 1/2-ton pickup $15.57 90'-100' bucket truck $123.26 Air Compressors 100 cu in tow behind $9.53 Backhoe - Medium - Caterpillar 416C, 426C, John Deere 310, 410 $31.93 Backhoe - Small -John Deere 4400 $26.82 Backyard machine (bucket/digger) $34.90 Bucket Truck 37' $4370 Bucket Truck, 55', MH $48.94 Bucket Truck 65' $73.45 Crane, truck mounted (17 - 24 ton) $90.30 Digger, Boom Tip $56.72 Digger, Commander 6060 $111.06 Dump truck small (3 - 5 yard) $22.35 Excavator mini (PC18 or PC 27) $32.57 Excavator small (PC78) $58.76 MACK CHN613 Digger Truck Watson 110OTM (202U) $108056 Puller - single drum $4145 Road tractor $39.91 Rope rig - 3 reel $52.70 Rope rig - 4 reel $68.34 Tensioner trailer $19.30 Trailer, flatbed, 45' - 48' $26.82 Trailer, lowboy, 25 - 35T $26,82 Trailer, pole $19.16 Trailer, small equipment (16' - 20') $19.16 Trailer, utility - Big Tex $15.97 Trailer, wire $11.39 Vactron Truck Mounted $40.18 Pressure Digger $154.15 Page 3 of 6 Initials "No business objective is so important that it will be pursued at the sacrifice of safety" 9001 PRIMORIS CT 1" FORT W ORTI-I, TX 76140 e r (469) 484-5828 OFFICE ro morls T13 Primoris I Set vices, LLC Statement of Terms and Conditions This Statement of Terms and Conditions ("STC'') together with tine Proposal and all documents incorporated therein shall form the agreement ("Contract") between Primoris T&D Services, LLC ("Primoris") and QY of Sanger Electric ("Customer") for the Work described in Primoris' Proposal. Primoris and Customer shall be referred to herein as party or collectively as parties. If there is any conflict or ambiguity between the terms of the Proposal and this STC, the terms of this STC shall control. The parties further agree as follows: 2. ri 4. 5. 6. 8. 9 10. T2. The Wot k: Primoris will perform the Work described in the Proposal for the prices goofed therein and on the attached Pate Shect, if any. Invoice and Pnyment. Unless otherwise specified, Primoris may invoice Customer on a weekly basis for Work performed. Customer shall pay Primoris within thirty (30) days of the invoice date. Bond: If a bond is required, the cost of the bond shall be paid by the Customer. Easements, Permits and Licenses: The Customer shall timely, so as to not delay the Work, secure and pay for ail private and public easements and rights-of-Nvay, and all governmental permits and licenses required by law with relation to the Work, and shall give all notices required there under. Customer shall inform Primoris of all laws, ordinances, rules and regulations relating to the Work. Customer shall indemnify, defend and save Primoris harmless from any liability on account of the Customer's failure to comply with this paragraph. Reliance on Customer's information. Primoris may rely solely on the accuracy of the calculations, drawings, specifications, reports, data, surveys, and any other information included in the Contract and/or provided by the Customer, to estimate, plan and perform the Work. Primoris shall not be required to determine the accuracy or reliability of any information provided by tine Customer. Site Conditions. Primoris shall provide notice to the Customer if Primoris encounters conditions at or around the site that are (1) subsurface, concealed or unknown that differ materially from those indicated in the Contract or (2) conditions of a nature that differs from those ordinarily found to exist and generally recognized as inherent in construction activities of the Character provided for in the Contract. If the conditions cause an increase in Prlulorls' cost of, or time required for, performance of any part of the Work, the Customer shall adjust Primoris' price or schedule or both and pay the increased price. Access. The Customer shall provide Primoris free and uninterrupted access to the site to perform the Work, including warranty work. Changes. Absent a written, mutually executed change order, Primoris has no obligation to perform or make any modification, alteration or change to the Contract, the Work, materials, labor, or the schedule* Notice to Proceed; Delay; Cancellation* Primoris agrees, subject to equipment, labor and material availability, to use reasonable efforts to commence the Work on the date specified in tine Notice to Proceed (the "Start Date"), and to proceed nvith reasonable diligence to complete the Work. Should Primoris be delayed or prevented from commencing or completing the Work on account of labor issues, shortages of materials, tack of required permits, Customer's acts and/or interference (including those of its consultants, contractors, suppliers, agents or anyone else for whom Customer may be responsible) or for any other causes beyond Primoris' control, then the Customer shall extend the scheduled time for performing the Work if not cancelled) and pay Primoris all of its costs arising out of such delay, suspension or cancelation, or interference including, but. not limited to, labor (including stand-by tithe, overtime and costs associated with acceleration, trade stacking, and lost efficiencies), materials, equipment, general conditions, insurance, bond costs, demobilization and remobilization costs. The remedies in this paragraph shall not be exclusive. Inspection of Work, Should Customer wish to inspect the Work. Customer shall complete such inspection so as to not unreasonably interfere with Primoris' completion of the Work. Customer shall be responsible for all costs of inspection. Subcontractors; Primoris may use such subcontractors as it deems appropriate for tine Work, Limited Warranty: Primoris warrants to the Customer that (1) materials and equipment furnished by Primoris will be of good quality and new, and (2) the Work will be performed in a good and workmanlike manner and will be free from faults and defects. The warranties provided in this paragraph shall expire one year alter substantial completion regardless of when discovered. If, prior to expiration of this warranty, the Work is found not in accordance with the warranties herein, the Customer shall give prompt notice to Primoris. Upon notice, Primoris shall promptly bring the Work into compliance with this paragraph. Primoris owes no other warrtmty, express or implied, odder than those stated i his pmagrauh, and PRIMORIS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITS (3> WA.RI ANTY OF r3 ' Initials gage 4 of G "No business objective is so important that it will be pursued at the sacrifice of safety" 13 14. I5. 1 b. 17 18 F� 9001 PRIMORIS PORT WORTH, TX 76140 (469) 489-5828 OFFICE Primorls TMC3 IAL'RCI-IANTABILiTY AND FITNESS FOR A PARTICULAR USE. Notwithstanding any statement herein to the contras)', l'ritnoris does not warrant against damage or defect caused by abuse, alterations by others, or improper or insufficient maintenance, operation or usage. Indemnity. Lack party shall be solely and exclusively liable for it to persons or property to the extent caused by such parry's negligence or Avillf l misconduct and will fully indemnify the other party to this Contract from all resulting claims, losses, liabilities, costs, and expenses arising there from, including reasonable attorneys' fees. In the event the joint or concurrent negligence of the parties causes any injury to persons or property, the parties will share responsibility for any claims, losses, Liabilities, costs, and expenses arising therefrom in proportion to the respective fault of each party. Liability Cap, IN ADDITION TO OTHER LIMITATIONS IN THIS CONTRACT, PRiMORIS' AGGREGATE LIABILITY TO CUSTOMER, OR ANY OTHER PARTY FOR WHOM CUSTOMER MAY BE LIABLE, FOR ANY CLAIMS OR OTHER RIGHT OF RECOVERY OF DAMAGES ARISING OUT OF OR RELATED TO THE CONTRACT, THE WORK, OR ACTIVITIES OF PRIMORIS, REGARDLESS OF THE NUMBER OF OCCURRENCES, SHALL NOT EXCEED TEN PERCENT (10%) OF TOTAL AMOUNT OF THE PAYMENT(S) ACTUALLY MADE BY CUSTOMER TO PRIMORIS. THE LIMITATIONS IN THIS PROVISION APPLY REGARDLESS OF THE THEORY OF RECOVERY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, AND/OR VIOLATION OF CODE OR STATUTE. In no event shall Primoris' liability for any claim for which insurance is provided pursuant to this Contract exceed the limits and coverage required by this Contract. Waiver of Certain Damages, CUSTOMER WAIVES ALL CLAIMS AGAINST PRIMORIS FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT AND/OR PUNITIVE DAMAGES THAT MAY ARISE OUT OF OR RELATE TO THIS CONTRACT. IN ADDITIONTHE FOLLOWING DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHERWISE, ARE ALSO WAIVED: (1) THE CUSTOMER'S LOSS OF USE OF THE PROJECT, LOSS OF PRODUCT, RENTAL EXPENSES, LOSS OF INCOME, PROFIT AND/OR FINANCING OF THE PROJECT, LOSS OF REPUTATION, INSOLVENCY, OR LOSS OF MANAGEMENT OR EMPLOYEE PRODUCTIVITY.THE LIivIITATIONS IN THIS PARAGRAPH APPLY REGARDLESS OF THE THEORY OF RECOVERY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, AND/OR VIOLATION OF CODE OR STATUTE. Right to Stop Work Should the Customer tail to make timely payment to Primoris as required by the Contract, Primoris may immediately stop work and demobilize (at Primoris' sole discretion) until the Customer (1) brings its account with Primoris current and (2) pays Primoris all costs associated with stopping work, including, without limitation, the cost to demobilize, remobilize and costs imposed on Primoris by its subcontractors and suppliers related to the same. Termination for Cause. If Customer becomes insolvent or bankrupt, or if Customer fails to pay Primoris' invoices as and when required, or if Customer otherwise materially breaches this Contract, Primoris may, without prejudice to any other rights or remedies against Customer, terminate this Contract upon forty-eight (48) hours' written notice to Customer. In such event, Customer shall compensate Primoris for all Work performed for Customer and Primoris' costs to demobilize and cancel downstream agreements for labor, equipment or materials, in addition to all other damages allowed in this Contract or under the law. Dispute Resolution: The parties agree to resolve disputes by mediation as a condition precedent to further dispute resolution procedures. Mediation small occur within thirty (30) days of one party submitting a request for mediation to tile other party. If the parties cannot agree on a mediator within ten (10) days of the mediation request, either party may submit the mediation to the American Arbitration Association (AAA) for mediation under its Construction Industry Rules (CIR). Any claim or dispute not settled by mediation shall be decided by binding arbitration under the Texas Arbitration Act administered by and in accordance with the AAA and its CIR. The award rendered by the arbitrators) shall be finai and binding. Judgment upon the award by the arbitrator(s) may be entered by any court having jurisdiction. 19. Attorneys Fees and Costs. All costs which Primoris incurs to enforce its rights in this Contract, including attorneys' fees, shall be paid by Customer to Primoris in addition to other damages and costs. The prevailing party in any dispute resolution proceeding shall be entitled to recover its reasonable attorneys' fees, expert witness' fees, and other expenses incurred to enforce its rights tinder this Contract, in addition to other relief to which it may be entitled to recover. It is tine intention of the parties that the prevailing party shall be detennined based on tine totality of the circumstances, and not solely on net monetary recovery. 20. Severabilityt if any of the provisions herein shall be invalid or unenforceable under applicable Into, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Contract, which shall be construed as if not containing the particular invalid or unenforceable provision, provided that the intent of the parties can be achieved in all material respects. / 1 l?age 5 of 6 Initial i I fi#L "No business objective is so important that it will be pursued at the sacrifice of safety" 9001 PRIMORIS CT. , FORT WORTH, TX 76140 ( 69) 484-5828 OFFICEPromorls " T&D 21. Governing Lnw: "['his Contract shall Ue construed and governed in accordance +vith the la+vs of the state of Texas, and the parties consent tojo7sdiction and venue in the Circuit Court for Tarrant Comity, Texas. 2Z. Extent of Contract: The Proposal, together with any plans and specifications and other exhibits atiached to ilre Proposal, and this STC, are solely for the benefit of Primoris and Customer, may not be modified or the rights there under waived except in a writing signed by both parties, represents the entire agreement of the parties regarding the subject matter hereof, and all prior negotiations, representations, agreements and understandings, whether oral or in writing, are superseded hereby. 23. Pricing. Fritmoris' prices on its Rate Sheei, if provided, shall be valid for the current calendar year only. Nottvitltstanding the foregoing, Customer agrees that Primoris may increase its rates prior to the expiration of the calendar year should there occur material deviations in the cost of the same. IN WITNESS WH�Ri;OF, the parties itereto have set their hands and agree to ttte foregoing as of ttra dates below: A.1 .. INN A Page 6 of 6 City of �anbeb• �teci�'ic lr Signed—���9 /%•. r Date_ "No business objective is so Important that it wil! be pursued at the sacrifice of safety"