Loading...
R2018-217 2018-11-12 RESOLUTION NO. R2018-217 A Resolution of the City Council of the City of Pearland, Texas, renewing a primary unit supply contract to Envirodyne Laboratories, Inc. for water and wastewater laboratory testing services, in an amount not to exceed $121,730.00, for the period of November 20, 2018 through November 19, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously obtained competitive bids for water and wastewater laboratory testing services. Section 2. That the City Council hereby renews a primary unit supply contract with Envirodyne Laboratories, 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 primary contract for water and wastewater laboratory testing services. PASSED, APPROVED and ADOPTED this the 12th day of November, A.D., 2018. )L-Z TOM REID MAYOR ATTEST: `"►III,,,,, #010 NG I G RMC v. -AN( Y S ETARY APPROVED AS TO FORM: n , f DARRIN M. COKER CITY ATTORNEY CITY OF PEARLAND PUBLIC WORKS DEPARTMENT 3501 E.Orange Street dadafalPearland,Texas 77581 + i vwvw.cityorpearland.com /J eoa General Services Contract Amendment For Water and Wastewater Laboratory Services Date of Issuance: July 23,2018 Amendment No: 1 Vendor: Envirodvne Laboratories, Inc. PO#: 600-305-365.5400.160 Explanation: This Amendment encompasses the following: 1) Testing drinking water for routine state and federal regulatory requirements, including groundwater well testing and lead and copper testing, which was not in the original scope of analyses. 2) Laboratory services for sampling and testing in response to complaints about water quality throughout the City, such as in the Canterbury Park subdivision. This includes water quality testing done to evaluate the nature of the issue, corrective action measures, and to assure the water quality treatment meets drinking water standards and provide resolution to homeowners. 3) Additional testing for future continued response sampling and testing that may be required. Description of Work Cost 1. Laboratory services for regulatory compliance $14,140.00 2. Response testing for water quality concerns $18,685.00 3. Additional monitoring for water quality concerns $15,000.00 Total $47,825.00 Please attach back-up documentation Envirodyne Laboratories. Inc. proposal dated August 6, 2018. Cost Change Summary: Cost Original Contract: $ 101,870.00 Previous Amendment(s): $0 Contract prior to this Amendment: $ 101,870.00 Net increase(decrease)from this Amendment: $ 47,825.00 Revised Contract: $ 149,695.00 ACCT:, D*• APPROVED: By: d 4 U Date: -7`r By: Date: Vendor (hx ncr *Consultant agrees to perforin changes)included in this Contract Amendment for the price and time indicated rhe prices for changes included all costs associated with this Contract Amendment No work is to be clone until this Amendment is executed No payment to the Consultant shall be made for ssork included in the Amendment until this Amendment is executed Ipon execution by all parties,the folinning changes identified for the Contract\alue and'or Contract Time shown,arc made part of the Contract Design I of 1 D6.Rcsiccd(i'16 Page 5 of 14 ENVIRODYNE LABORATORIES . INC . PROPOSAL August 06,2018 WATER PRODUCTION TESTING Unit Cost Qty Extended Cost Regulatory Testing-monitoring,wells Total Coliform - 56,400.00 lead and Coppr'r $2,500.00 Primary Drinking Water Standard: $1,250.00 Secondary Drinking Water Standard; --_ $1,000.00 TOC - $200.00 HPC _: $300.00 Turbidity —__ _ __ 5150.00 Gross Alpha $320.00 Gross Beta _ $320.00 Uranium $1,000.00 Radium-716 $750.00 fiadium-228 $950.00 Regulatory Testing Subtotal: $14,140.00 Response Monitoring-water quality concerns Wates Quality Monitoring(WOM-PRg,1) • 59.815.00 A field Montonng Package 51,170.00 °LT1-LT2 Package $7,700.00 Response Monitoring Subtotal: 51.8,685.00 Additional Monitoring -as needed FY18 2 Water Quality Montoring i WQM-Pkg 2) -- . Hardness(Ca.Mg) Alkalinity Conductivity Chlorides tab pH . Lab Temperature Nitrate+Nitrite(NO3+NO2) iron(Fej Manganese(Mn) Ammonia(NH3-N)[Free, ammonium(NH4)] . Total Dissolved Solids(TUB) Sulfide Sulfate Total Chlorine Residual:C12)(field; _ Free Chlorine Residual(tied) Mono-chrorarnine(field) . Free Ammonia(field) Field pH Twirl) Field Temperature(field) Estimated Subtotal -add.monitoring as needed FY18 $15,000.00 TOTAL• -- —_- $47,825.00 NOTES: WQM-Pkg 1:includes Hardness.Alkalinity Cunductivey,Lab pH Lab Temp,HPC,Nitrate.Nitr,7e,Turbidity, 2 WQM-Pkg 2:includes WQM-Pkg 1.Total Unsolved Solids,Sulfide,Sulfate,TOC Field Monitoring Package;Includes Total Chlorine Residual.Free Chlorine Residuof, Free Ammonia.pH, `111-LT2 Package:Includes Anion;,Giardia/Cryptnsporidium,TOC Algot,Alkalinity,Ammonia,Chlorophyl',Color, OO,Ecol,Fecal Coliform,NPC,Total and Dissolved Fe and Mn,Total Metals,MR./Geosmirt,TON,Total Conform. Phosphorus,TSS,TD5,Turbidity,UV-254,Carbamates,Oiquat,EDB,OBCP,Endarhaii,Glyphosphote,Herbicides, SIGNED fA.tc Walket Office Manager 28) 568 7880 TEL•281 568 8004 FAX• 11011 BROOKLET D . 1230 •HOUSTON,TX 770993543 •EU@ENVIRODYNE.COM •Ws W.ENVIRODYNE.COM Page 6 of 14 Bid#0917-59 Water and Wastewater Laboratory Testing-Scoring Points= 0-5 Ana-Lab Corp Eastex Env Envirodyne Laboratories SGS Accutest XENCO Laboratories Price 1.03 3.23 5 1.66 1.60 Reputation 3.7 5.0 5.0 4.0 4.0 Quality 4.0 4.0 4.7 4.0 _ 4.3 Meets the City's Needs 3.7 4.7 5.0 4.3 4.3 Past Relationship 2.7 5.0 5.0 3.0 3.0 HUB 0.0 0.0 0.0 0.0 0.0 Long Term Cost 3.3 4.0 4.7 3.3 _ 3.0 Other relevant criteria 3.7 4.7 3.7 4.3 4.3 Total 22.0 30.6 33.0 24.7 24.6 Bid $ 492,158.00 $ 157,830.00 $ 101,870.00 $ 307,539.00 $ 317,440.00 Trusted relationship with staff for the last 9 years. Operation experience is great. Recently the driver has Also the ability to perform been late or leaving before primary and secondary water time. Primary and sampling at a great price is secondary sampling is very awesome. Notes: expensive. Background check is a neg.2 Worked with lab in the Worked with lab in the past. past. Some test Good experience working Never heard of this unacceptable. w/lab. Familiar w/personnel & We would need Sunday company. Good experience working quality of work. pickup. Never heard of Past experience with lab- w/lab; responsive;familiar Lab more conveniently located company/never worked Time of operations- slow turn around time. with quality of work; for same day or short notice with them. need Sunday pickup. Did not include PT study Willing to work with you pickup. Some test unacceptable. Good experience w/lab report nor MDL/LOQ whatever needs are. Background check done as Good experience w/lab and quality of work. studies. needed. and quality of work. Charge extra for TAT. Bid# 0917-59 Addendum 1 Resolution 2017-225 - Exhibit A Envirodyne Eastex Environmental XENCO Laboratories Specification Responses Laboratoties, Inc. Laboratory, Inc SGS Accutest (B&A Laboratories, Inc.) Ana-Lab Corporation Line Description UOM QTY Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended BIOCHEMICAL OXYGEN DEMAND, 1 5 DAY(BOD5) EA 1040 $10.00 $10,400.00 $12.00 $12,480.00 $20.00 $20,800.00 $22.00 $22,880.00 $18.00 $18,720.00 CARBONACEOUS BIOLOGICAL 2 OXYGEN DEMAND, 5 DAY(CBOD5) EA 1040 $10.00 $10,400.00 $12.00 $12,480.00 $20.00 $20,800.00 $18.00 $18,720.00 $18.00 $18,720.00 3 E. COLI (COLONIES PER 100 ML) EA 1100 $9.00 $9,900.00 $10.00 $11,000.00 $20.00 $22,000.00 $30.00 $33,000.00 $35.00 $38,500.00 FECAL COLIFORMS (COLONIES 4 PER 100 ML) EA 120 $8.00 $960.00 $7.00 $840.00 $25.00 $3,000.00 $30.00 $3,600.00 $35.00 $4,200.00 MICROSCOPIC EVALUATION 5 (MICRO) EA 1000 $5.00 $5,000.00 $9.00 $9,000.00 $20.00 $20,000.00 $30.00 $30,000.00 $6.00 $6,000.00 MIXED LIQUOR SUSPENDED 6 SOLIDS (MLSS) EA 1000 $5.00 $5,000.00 $7.00 $7,000.00 $15.00 $15,000.00 $12.00 $12,000.00 $23.00 $23,000.00 MIXED LIQUOR VOLATILE 7 SUSPENDED SOLIDS (MLVSS) EA 1000 $4.00 $4,000.00 $4.00 $4,000.00 $15.00 $15,000.00 $20.00 $20,000.00 $41.00 $41,000.00 8 AMMONIA NITROGEN (NH3N) EA 1100 $7.00 $7,700.00 $9.00 $9,900.00 $15.00 $16,500.00 $22.00 $24,200.00 $25.00 $27,500.00 9 PAINT FILTER EA 5 $10.00 $50.00, $15.00 $75.00 $10.00 $50.00 $15.00 $75.00 $13.00 $65.00 TOXICITY CHARACTERISTIC 10 LEACHATE PROCEDURE (TCLP) EA 5 $500.00 $2,500.00 $500.00 $2,500.00 $510.00 $2,550.00 $460.00 $2,300.00 $938.00 $4,690.00 11 PCB EA 5 $70.00 $350.00 $70.00 $350.00 $35.00 $175.00 $45.00 $225.00 $80.00 $400.00 12 %SOLID EA 600 $5.00 $3,000.00 $6.00 $3,600.00 $5.00 $3,000.00 $3.00 $1,800.00 $0.00 $0.00 13 TOTAL SUSPENDED SOLIDS (TSS) EA 1350 $5.00 $6,750.00 $6.00 $8,100.00 $10.00 $13,500.00 $15.00 $20,250.00 $18.00 $24,300.00 TOTAL COLIFORM (POTABLE 14 WATER) EA 2400 $9.00 $21,600.00 $9.00 $21,600.00 $20.00 $48,000.00 $25.00 $60,000.00 $25.00 $60,000.00 15 HEAVY METALS/METAL EA 10 $10.00 $100.00 $50.00 $500.00 $90.00 $900.00 $75.00 $750.00 $104.00 $1,040.00 16 TOTAL HYDROCARBONS EA 6 $40.00 $240.00 $40.00 $240.00 $40.00 $240.00 $37.00 $222.00 $44.00 $264.00 17 POLLUTANT SCAN EA 5 $300.00 $1,500.00 $500.00 $2,500.00 $480.00 $2,400.00 $370.00 $1,850.00 $1,249.00 $6,245.00 18 IRON AND MANGANESE EA 26 $20.00 $520.00 $20.00 $520.00 $24.00 $624.00 $18.00 $468.00 $29.00 $754.00 19 TOTAL DISSOLVED SOLIDS (TDS) EA 700 $7.00 $4,900.00 $10.00 $7,000.00 $10.00 $7,000.00 $12.00 $8,400.00 $18.00 $12,600.00 20 TOTAL CHLORIDES EA 25 $10.00 $250.00 $9.00 $225.00 $12.00 $300.00 $12.00 $300.00 $22.00 $550.00 PRIMARY WATER STANDARDS 21 TEST EA 30 $125.00 $3,750.00 $1,250.00 $37,500.00 $2,907.00 $87,210.00 $1,695.00 $50,850.00 $6,515.00 $195,450.00 SECONDARY WATER STANDARDS 22 TEST EA 30 $100.00 $3,000.00 $214.00 $6,420.00 $283.00 $8,490.00 $185.00 $5,550.00 $272.00 $8,160.00 Total $101,870.00 $157,830.00 $307,539.00 $317,440.00 $492,158.00 Bid#0917-59 Water and Wastewater Laboratory Testing-Scoring Points= 0-5 Ana-Lab Corp Eastex Env Envirodyne Laboratories SGS Accutest XENCO Laboratories Price 1.03 3.23 5 1.66 1.60 Reputation 3.7 5.0 5.0 4.0 4.0 - Quality 4.0 4.0 4.7 4.0 4.3 Meets the City's Needs 3.7 4.7 5.0 4.3 4.3 Past Relationship 2.7 5.0 5.0 3.0 3.0 HUB 0.0 0.0 0.0 0.0 0.0 Long Term Cost 3.3 4.0 4.7 3.3 3.0 Other relevant criteria 3.7 4.7 3.7 4.3 4.3 Total 22.0 30.6 33.0 24.7 24.6 Bid $ 492,158.00 $ 157,830.00 $ 101,870.00 $ 307,539.00 $ 317,440.00 Resolutionxhibit No."R2A"017-224 E r''' City of Pearland �EA 3519 Liberty Drive 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 Ill. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Envirodyne Laboratories, Inc. 11011 Brooklet Dr, Ste. 230 Houston, TX 77099 Description of Services: Water and Wastewater Laboratory Testing Services in accordance with specifications of City of Pearland Bid#0917-59; City Council Resolution #R2017-224. Contract Type: Primary vendor for an annual, as needed, unit supply contract. Effective Date: November 20, 2017 Termination Date: November 19, 2018 Renewal: Two (2) one-year renewals allowed upon mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEA ND" CONTRACTOR: Tr� 11 -114-4-41") ©, /•Tann O. Busby y > Purcha40-v------ si Officer Date Title: Prudent/Lab rector Date: 1�ov, 14, 2017 "S ed by/ D te: J/-2-1- 1) /City Mar1ager 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+ III.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 far 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 wilt 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#0917-59 shall be construed as additional contract documents. B. City's Additional Contract Documents: 1. City standard insurance requirements. 2. Scope of Services, Exhibit A. Exhibit A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of conducting water and wastewater laboratory testing services as needed for the City of Pearland per Bid #0917-59 and Contractor's response to the same, as listed below: Envirodyne Specification Responses Laboratories Inc. Line Description UOM Unit Cost 1 BIOCHEMICAL OXYGEN DEMAND, 5 DAY(B005) EA $10.00 CARBONACEOUS BIOLOGICAL OXYGEN 2 DEMAND. 5 DAY(CBOD5) EA $10.00 3 E. COLI(COLONIES PER 100 ML) EA $9.00 4 FECAL COLIFORMS(COLONIES PER 100 ML) EA $8.00 5 MICROSCOPIC EVALUATION(MICRO) EA $5.00 6 MIXED LIQUOR SUSPENDED SOLIDS (MLSS) EA $5.00 MIXED LIQUOR VOLATILE SUSPENDED SOLIDS 7 (MLVSS) EA $4.00 8 AMMONIA NITROGEN(NH3N) EA $7.00 9 PAINT FILTER EA $10.00 TOXICITY CHARACTERISTIC LEACHATE 10 PROCEDURE (TCLP) EA $500.00 11 PCB EA $70.00 12 %SOLID EA $5.00 13 TOTAL SUSPENDED SOLIDS(TSS) EA $5.00 14 TOTAL COLIFORM (POTABLE WATER) EA $9.00 15 HEAVY METALS/METAL EA $10.00 16 TOTAL HYDROCARBONS EA $40.00 17 POLLUTANT SCAN EA $300.00 18 IRON AND MANGANESE EA $20.00 19 TOTAL DISSOLVED SOLIDS(IDS) EA $7.00 20 i TOTAL CHLORIDES EA _ $10.00 21 PRIMARY WATER STANDARDS TEST EA $125.00 22 SECONDARY WATER STANDARDS TEST EA $100.00 R2018-217 City‘‘sAtfl.-- of Pearland PEARLAND 3519 Liberty Drive 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: Envirodyne Laoratories, Inc. 11011 Brooklet Dr., Ste. 230 Houston, TX 77099 Description of Services: Contractor will provide Water and Wastewater Laboratory Testing Services for the City of Pearland,as needed, per the specifications of bid#0917-59: City Council Resolution #R2018-217. Contract Type: Unit Price Contract, Not to Exceed $121,730.00. Effective Date: November 20, 2018 Termination Date: November 19, 2019 Renewal: One (1) renewal option available, upon the mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY 0 EARLAND: CONTRACTOR: Zi/f- 11/15P01? (Ak,tt.LAI - B get/Proc ement Manager Date Title: v Date: tt-2-1 ned Date: / 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+ Page 14 of 20 HI. 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. Page 15 of 20 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#0917-59 and Exhibit B 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 on the attached. Page 16 of 20 EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing Water and Wastewater Laboratory Testing Services for the City of Pearland, as needed, per the specifications of bid#0917-59; City Council Resolution #R2018-217. Pricing is as follows per contractor's response to the same, as listed below: Envirodyne Specification Responses Laboratories, Inc. Line Description UOM Unit Cost 1 BIOCHEMICAL OXYGEN DEMAND, 5 DAY (BODS) EA $10.00 CARBONACEOUS BIOLOGICAL OXYGEN 2 _DEMAND, 5 DAY(CBOD5) EA $10.00 3 E. COLI (COLONIES PER 100 ML) EA $9.00 4 FECAL COLIFORMS(COLONIES PER 100 ML) EA $8.00 5 MICROSCOPIC EVALUATION (MICRO) EA $5.00 6 MIXED LIQUOR SUSPENDED SOLIDS(MLSS) EA $5.00 MIXED LIQUOR VOLATILE SUSPENDED SOLIDS 7 (MLVSS) EA $4.00 8 AMMONIA NITROGEN (NH3N) EA $7.00 9 PAINT FILTER EA $10.00 TOXICITY CHARACTERISTIC LEACHATE 10 PROCEDURE (TCLP) EA $500.00 11 PCB EA $70.00 12 % SOLID EA $5.00 13 TOTAL SUSPENDED SOLIDS (TSS) EA $5.00 14 TOTAL COLIFORM (POTABLE WATER) EA $9.00 15 HEAVY METALS/METAL EA $10.00 16 TOTAL HYDROCARBONS EA $40.00 17 POLLUTANT SCAN EA $300.00 18 IRON AND MANGANESE EA $20.00 19 TOTAL DISSOLVED SOLIDS (TDS) EA $7.00 20 TOTAL CHLORIDES EA $10.00 21 PRIMARY WATER STANDARDS TEST EA $125.00 22 SECONDARY WATER STANDARDS TEST EA $100.00 Page 17 of 20