R-2016-211 2016-11-14 RESOLUTION NO. R2016-211
A Resolution of the City Council of the City of Pearland,Texas, renewing a unit
price contract for dewatered bio-solids disposal services with Sprint Waste
Services LP, in the estimated amount of$461,000.00, beginning December 15,
2016 through December 14, 2017.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a unit price bid for dewatered bio-solids
disposal services.
Section 2. That the City Council hereby renews a contract with Sprint Waste Services, in
the unit price amount reflected in Exhibit "A" attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a unit price
contract for dewatered bio-solids disposal services.
PASSED, APPROVED and ADOPTED this the 14th day of November, A.D., 2016.
�C�l'Yl
TOM REID
MAYOR
ATTEST:
SUNG U !' , TR
Y SEC,`.'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Resolution No. R2016-211
PEARLAND,� City of Pearland Exhibit "A"
a ,, z 3519 Liberty Drive
est. oa Pearland, TX 77581
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. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Sprint Waste Services LP
PO Box 940820
Houston, TX 77094
Description of Services: Contractor will provide bio-solids disposal services, per the
specifications of City of Pearland bid #1016-03; City Council
Resolution #R2016-211.
Contract Amount: Unit Supply Contract, Estimated at $461,000
Effective Date: 12/15/2016
Termination Date: 12/14/2017
Renewal: One(1)one-year renewal options available, upon mutual agreement
of both parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF P •RLAND CONTRACT• ':
11 /! /
Purc'fing a -r Date Title: General Manager
Date: 11/17/16
*Si 4d by: Date: 112.i
V City Manager
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 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 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
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 attorney'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 Bid #1016-03 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 below.
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of providing bio-solids disposal services, per the specifications
of City of Pearland bid #1016-03; City Council Resolution #R2016-211.
Pricing as follows per contractor's response to the same, as listed below:
Solid Recovery
Services Now Doing
Business as Sprint
Specification Responses Waste Services
Line Description UOM QTY Unit
COST PER CUBIC YARD TO TRANSFER BIO-SOLID
SLUDGE FROM BARRY ROSE WASTEWATER PLANT
5 TO TCEQ PERMITTED FACILITY. CY 2100 $27.96
COST PER CUBIC YARD TO TRANSFER BIO-SOLID
SLUDGE FROM LONGWOOD WASTEWATER PLANT TO
6 TCEQ PERMITTED FACILITY. CY 3900 $27.96
COST PER CUBIC YARD TO TRANSFER BIO-SOLID
SLUDGE FROM SOUTHWEST ENVIRONMENTAL
7 CENTER(SWEC)TO TCEQ PERMITTED FACILITY. CY 5100 $27.96
COST PER CUBIC YARD TO TRANSFER BIO-SOLID
SLUDGE FROM FAR NORTHWEST ENVIRONMENTAL
8 CENTER TO TCEQ PERMITTED FACILITY. CY 5400 $27.96
COST FOR ANY OTHER SERVICES THE COMPANY
PROVIDES (LIME STABILIZATION, TANK CLEANING,
ETC.)WHICH THE COMPANY CONSIDERS INTEGRAL
TO PROFESSIONAL SLUDGE MANAGEMENT AND OF
13 BENEFIT TO THE CITY.* EA 1 $0.00