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R2018-238 2018-12-10 RESOLUTION NO. R2018-238 A Resolution of the City Council of the City of Pearland,Texas,renewing a unit supply bid for large water meters and related parts with Park Environmental Equipment USA, in an amount not to exceed $167,470.00, for the period of December 10, 2018 through December 9, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City previously opened bids for the supply of large water meters and related parts. Section 2. That the City Council hereby renews the bid to and Park Environmental Equipment USA, 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 supply contract for large water meters and related parts. PASSED, APPROVED and ADOPTED this the 10th day of December, A.D., 2018. TOM REID MAYOR ATTEST: �„ ITY RET .Y " APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Bid# 1019-01 Title Large Water Meter Supply Contract Mountain States Pipe& PARKUSA (PARK Line Items Supply Co Core & Main LP ENVIRONMENTAL Line Description Mfgr MfgNo UOM QTY Unit Extended Unit Extended Unit Extended 1 LARGE METERS Neptune R9001 PKG 1 3"COMPOUND METER,TO INCLUDE VAULT AND $46,710.00 $101,594.84 $161,800.00 1.1 STRAINER Neptune R9001 EA 1 $1,560.00 $10,144.33 $7,300.00 4"COMPOUND METER,TO INCLUDE VAULT AND - 1.2 _STRAINER Neptune R9001 EA 1 $1,750.00 $11,776.29 $8,500.00 6"COMPOUND METER,TO INCLUDE VAULT AND _ 1.3 STRAINER Neptune R9001 EA 1 $2,700.00 $14,790.72 $11,400.00 8"COMPOUND METER,TO INCLUDE VAULT AND 1.4 STRAINER Neptune R9001 EA 1 $3,545.00 $16,514.43 $17,000.00 10"COMPOUND METER,TO INCLUDE VAULT AND 1.5 STRAINER Neptune R9001 EA 1 $6,500.00 $26,600.00 12"COMPOUND METER,TO INCLUDE VAULT AND 1.6 STRAINER Neptune R9001 EA 1 $7,300.00 $27,900.00 3"CLASS II TURBINE METER,TO INCLUDE VAULT 1.7 AND STRAINER Neptune R9001 EA 1 $1,560.00 $9,280.41 $6,300.00 4"CLASS II TURBINE METER,TO INCLUDE VAULT 1.8 AND STRAINER Neptune R9001 EA 1 $1,750.00 $10,498.97 $6,600.00 6"CLASS II TURBINE METER,TO INCLUDE VAULT 1.9 AND STRAINER Neptune R9001 EA 1 $2,700.00 $12,864.95 $9,200.00 8"CLASS II TURBINE METER,TO INCLUDE VAULT 1.10 AND STRAINER Neptune R9001 EA 1 $3,545.00 $15,724.74 $10,800.00 10"CLASS II TURBINE METER,TO INCLUDE VAULT 1.11 AND STRAINER Neptune R9001 EA 1 $6,500.00 $14,200.00 12"CLASS II TURBINE METER,TO INCLUDE VAULT 1.12 AND STRAINER Neptune R9001 EA 1 $7,300.00 $16,000.00 2 REGISTERS FOR LARGE METERS Neptune R9001 PKG 1 $1,590.55 $5,670.00 2.1 3"COMPOUND METER REGISTER FOR R9001,HI ONLY Neptune EA 1 $122.35 $315.00 2.2 3"COMPOUND METER REGISTER FOR R9001,LOW ONLY Neptune EA 1 $122.35 $315.00 2.3 4"COMPOUND METER REGISTER FOR R9001,HI ONLY Neptune EA _ 1 $122.35 $315.00 2.4 4"COMPOUND METER REGISTER FOR R900I,LOW ONLY Neptune EA 1 $122.35 $315.00 2.5 6"COMPOUND METER REGISTER FOR R9001,HI ONLY Neptune EA 1 $122.35 $315.00 2.6 6"COMPOUND METER REGISTER FOR R900I,LOW ONLY Neptune EA 1 $122.35 $315.00 2.7 8"COMPOUND METER REGISTER FOR R9001,HI ONLY Neptune EA 1 $122.35 $315.00 2.8 8"COMPOUND METER REGISTER FOR R900I,LOW ONLY Neptune EA 1 $122.35 $315.00 2.9 10"COMPOUND METER REGISTER FOR R9001,HI ONLY Neptune EA 1 $315.00 2.10 10"COMPOUND METER REGISTER FOR R9001,LOW ONLti Neptune EA 1 $315.00 2.11 12"COMPOUND METER REGISTER FOR R9001,HI ONLY Neptune EA 1 $315.00 2.12 12"COMPOUND METER REGISTER FOR R9001,LOW ONO Neptune EA 1 $315.00 2.13 3"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $122.35 _ $315.00 2.14 4"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $122.35 $315.00 2.15 6"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $122.35 $315.00 2.16 8"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $122.35 $315.00 2.17 10"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $122.35 $315.00 2.18 12"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 _ $315.00 Total $46,710.00 $103,185.39 $167,470.00 1019-01 Large Water Meters-Evaluation Form Mountain States Pipe&Supply Co Core&Main LP Park USA(Park Environmental) Bid$ $46,710.00 $103,185.39 $167,470.00 #of Lines Bid 12; pck 1 21 30 Pricing/Best Value • 35 pts 26.00 25.00 34.00 Qualifications/Experience 35 pts 17 27 33 Delivery Timeframe - 10 pts 3.2 9 .10 Experience List 10 pts 9 9 10 Compliance to Bid Requirements 10 pts 3 5A 6 Total Points 58.20 75.40 93.00 Notes: Good pricing but we don't use Honeywell • and no vault;Wrong meter bid;Out of state; Did not complete all boxes needed for • Did not meet all needs of the contract; pricing out all meters; Higher priced meter Good pricing and with.vaults; Meet all vaults are needed. vaults;Right type of meter and vault;Need qualifications;Complete bid;Completed Did not meet bid specifications; Did not. all meter sizes; Missing couple of forms from contract with all needed line items. include vault in pricing nor proper meters. bid packet; Bid on all items required; Did not initially Do not use Honeywell meters; No vaults Did not include letter. include proper register in bid items. included in bid;Located in Colorado. All line items not filled; No letter completed; Pricing is good,included all line items; Pricing is good;Does not meet specs with Not all line items addressed. Did not include correct register in bid. meter; have not work with vendor,located Did not include letter; Did not fill out all bid Did not include register to comply with in CO; Pricing is for meters only,no vaults items. Itron Rivaway 500. and installation is included. Pricing is okay but all line items are not Pricing is good;All items are completed Pricing is good but meters are not in our complete;Worked with Core&Main on to show meter and vault cost; Park has specs; Experience is good; Not local; MSPS meters 2 in and below; Local company; Not had good history supplying the City with listed Honeywell meters; Didn't include cost all items are listed; Didn't get letter of , large meters;Local company; Need to of vaults. intent. include Itron register. For Compliance to Bid: check to Make sure the following forms/letter were provided by vendor: Contractor Insurance Agreement Local Bidder Claim Form Conflict of Interest Y Y Y Contractor Questionnaire Y Y Y Non-Collusion Stmnt Y Y Y House Bill 89 Verification Y Y Y Cover Letter y N Y ;j TyeL r_4c n 3519 Liberty Drive 4sci),rt ,; 0, ' 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: Park Environmental Equipment PO Box 41859 Houston, TX 77241-1859 Description of Services: Contractor will provide large water meters and parts for the City of Pearland, as needed, per the specifications of bid#1019-01;City Council Resolution#R2018-238. Contract Type: Unit Price Contract, Not to Exceed $167,470.00, Effective Date: December 10, 2018 Termination Date: December 09, 2019. Renewal: Two renewal options available,upon the mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY/OF PEARLAND: CONTRACTOR. 4 ,,_,9-164 4,1r— /Budget/Procurernent Manager Date Title: 1I - Di6}r,b.4+o� Cir1 Date: 'I'L .131 fit 7_,-- *S'!,.•-d •v: gate: /1- IS City anager 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 1 of 4 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 underthis 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 noticeof default may terminate this Contract by written notice to the other party,specifying the date of termination. Termination of this Contract underthis 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 attachedcontract 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 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 Page 2 of 4 City. F. Law Governing and Venue: This Contract is governed bythe 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 workrimanlike 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 contractor 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 Docurrients,_does not apply to this Contract. A. Contractor-'s Additional Contract Documents: 1. The contractor's response to bid #1019-01 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 3 of 4 EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing large water meters and parts for the City of Pearland,as needed,per the specifications of bid#1019-01;City Council Resolution#R2018-238. Pricing is as follows per contractor's response to the same, as listed below: PARKUSA(PARK ENVIRONMENTAL - EQUIPMENT,LTD.) Line Description Mfgr MfgNo UOM EST QTY Unit Cost '- ; . ' • 'Neptune 89001 .:PKG '1 1 ,:..� LARGE METERS � -- 1.1 3"COMPOUND METER,TO INCLUDE VAULT AND STRAINER Neptune R9001 EA 1 $7,300.00 1.2 4"COMPOUND METER,TO INCLUDE VAULT AND STRAINER Neptune R9001 EA 1 $8,500.00 1.3 6"COMPOUND METER,TO INCLUDE VAULT AND STRAINER Neptune R9001 EA 1 $11,400.00 1.4 8"COMPOUND METER,TO INCLUDE VAULT AND STRAINER Neptune R9001_ EA 1 $17,000:00 1.5 10"COMPOUND METER,TO INCLUDE VAULT AND STRAINER Neptune R9001 .EA 1 $26,600.00 1.6 12"COMPOUND METER,TO INCLUDE VAULT AND STRAINER Neptune R900I EA 1 $27,900.00 3"CLASS II TURBINE METER,TO INCLUDE VAULT AND 1.7 STRAINER Neptune R9001 EA 1 $6,300.00 4"CLASS II TURBINE METER,TO INCLUDE VAULT AND 1.8 STRAINER Neptune R900I EA 1 $6,600.00 6"CLASS II TURBINE METER,TO INCLUDE VAULT AND 1.9 STRAINER Neptune R9001 EA 1 $9,200.00 8"CLASS II TURBINE METER,TO INCLUDE VAULT AND 1.10 STRAINER Neptune R9001 EA 1 $10,800.00 10"CLASS II TURBINE METER,TO INCLUDE VAULT AND 1.11 STRAINER Neptune R9001 EA 1 $14,200.00 12"CLASS II TURBINE METER,TO INCLUDE VAULT AND 1.12 STRAINER Neptune R9001 EA 1 $16,000.00 2 'REGISTERS-FOR LARGE METERS ' `_. _: Neptune R9001 PRG' `'1 ' 2.1 3"COMPOUND METER REGISTER FOR R900I,HI ONLY Neptune EA 1 $315.00 '2.2 3"COMPOUND METER REGISTER FOR R9001,LOW ONLY Neptune EA 1 $315.00 '2.3 4"COMPOUND METERREGISTERFOR R9001,HI ONLY Neptune EA 1 $315.00 2.4 4"COMPOUND METER REGISTER FOR R9001,LOW ONLY Neptune EA 1 $315.00 2.5 6"COMPOUND METER REGISTER FOR 89001,HI ONLY Neptune. EA _ 1 $315.00 2.6 6"COMPOUND METER REGISTER FOR R9001,LOW ONLY Neptune EA 1 $315.00 '2.7 8"COMPOUND METER REGISTER FOR 89001,HI ONLY Neptune EA 1 $315.00 '2.8 8"COMPOUND METER REGISTER FOR R900I,LOW ONLY Neptune (EA 1 $315.00 2.9 10"COMPOUND METER REGISTER FOR R900I,HI ONLY Neptune EA 1 $315.00 2.10 . 10"COMPOUND METER REGISTER FOR R900I,LOW ONLY Neptune EA 1 $315.00 - '2.11 12"COMPOUND METER REGISTER FOR R900I,HI ONLY Neptune EA 1 $315.00 2.12 12"COMPOUND METER REGISTER.FOR R9001,LOW ONLY Neptune EA 1 $315.00 2.13 , 3"CLASS II TURBINE METER REGISTER FOR 89001 - Neptune EA - - 1 $315.00 '2.14 4"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $315.00 "2.15 6"CLASS II TURBINE METER REGISTER FOR 89001 Neptune EA 1 $315.00 2.16 8"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $315.00 2.17 10"CLASS II TURBINE METER REGISTER FOR R9001 Neptune EA 1 $315.00 '2.18 12"CLASS II TURBINE METER REGISTER FOR R9001 Neptune lEA 1 $315.00 Page 4 of 4