R2018-237 2018-12-10 RESOLUTION NO. R2018-237
A Resolution of the City Council of the City of Pearland,Texas,awarding a unit
supply bid for sludge transfer, dewatering and lift station cleaning services to
Magna Flow Environmental, in an amount not to exceed $482,657.00, for the
period of December 20, 2018 through December 19, 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City obtained bids for sludge transfer, dewatering and lift station
cleaning services, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards a bid for sludge transfer, dewatering and
lift station cleaning services to Magna Flow Environmental, 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 supply
contract for sludge transfer, dewatering and lift station cleaning services.
PASSED, APPROVED and ADOPTED this the 10th day of December, A.D., 2018.
TOM REID
MAYOR
ATTEST:
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TY S RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Bid# 1019-05
Title Sludge Transportation and Disposal Services
Line Items CRMCS Ma9na Flow Sprint Waste Services,
Line Description UOM QTY Unit Extended Unit Extended Unit Extended
COST PER HOUR TO TRANSFER LIQUID SLUDGE FROM THE
SOUTHDOWN WASTEWATER PLANT(OR APPLICABLE CITY
FACILITY)TO THE SOUTHWEST ENVIRONMENTAL CENTER(SWEC)
1 OR APPLICABLE CITY FACILITY. HRS 600 $100.00 $60,000.00 $130.00 $78,000.00 $125.00 $75,000.00
COST PER GALLON TO HAUL LIQUID SLUDGE FROM THE
SOUTHDOWN WASTEWATER PLANT(OR APPLICABLE CITY
2 FACILITY)TO SLUDGE DISPOSAL SITE. GALS 351000 $0.35 $122,850.00 $0.055 $19,305.00 $0.075 $26,325.00
3 COST PER GALLON TO DEWATER SLUDGE ON-SITE. GAL 4000000 $0.03 $120,000.00 $0.0425 $170,000.00 $0.039 $156,000.00
COST PER CUBIC YARD TO DISPOSE DEWATERED SLUDGE FROM
4 THE CITY LOCATION TO SLUDGE DISPOSAL SITE. CY 1000 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
COST PER CUBIC YARD TO TRANSFER BIO-SOLID SLUDGE FROM
5 BARRY ROSE WASTEWATER PLANT TO TCEQ PERMITTED FACILITY. CY 2100 $0.00 $0.00 $41.60 $87,360.00
COST PER CUBIC YARD TO TRANSFER BIO-SOLID SLUDGE FROM
6 LONGWOOD WASTEWATER PLANT TO TCEQ PERMITTED FACILITY. CY 3900 $0.00 $0.00 $41.60 $162,240.00
COST PER CUBIC YARD TO TRANSFER BIO-SOLID SLUDGE FROM
SOUTHWEST ENVIRONMENTAL CENTER(SWEC)TO TCEQ
7 PERMITTED FACILITY. CY 5100 $0.00 $0.00 $41.60 $212,160.00
COST PER CUBIC YARD TO TRANSFER BIO-SOLID SLUDGE FROM
8 REFLECTION BAY WRF TO TCEQ PERMITTED FACILITY. CY 5400 $0.00 $0.00 $41.60 $224,640.00
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
9 TECHNICAL SPECIFICATIONS. EA 1 $0.00 $0.00 $0.00 $0.00 $1.00 $1.00
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
10 TECHNICAL SPECIFICATIONS. EA 1 $0.00 $0.00 $0.00 $0.00 $1.00 $1.00
COST FOR EXTRA REPORTS AS DESCRIBED IN SECTION 1 OF
11 TECHNICAL SPECIFICATIONS. EA 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
COST FOR EXTRA REPORTS AS DESCRIBED IN SECTION 1 OF
12 TECHNICAL SPECIFICATIONS. EA 1 $0.00, $0.00 $0.00 $0.00 $0.00 $0.00
COST FOR ANY OTHER SERVICES THE COMPANY PROVIDES
WHICH THE COMPANY CONSIDERS INTEGRAL TO PROFESSIONAL
13 SLUDGE MANAGEMENT&OF BENEFIT TO THE CITY. EA 1 $0.73 $0.73 $1.00 $1.00 $1.00 $1.00
Cost Per Hour For Sewer Cleaner/Vacuum Truck and Operator
14 (combination)for Cleaning of Lift Stations HR 275 $155.00 $42,625.00 $190.00 $52,250.00 $235.00 $64,625.00
15 Cost Per Hour for Helper to Clean of Lift Stations HR 350 $24.00 $8,400.00 $40.00 $14,000.00 $57.00 $19,950.00
16 Cost Per Hour for Support Truck for Cleaning of Lift Stations HR 200 $24.00 $4,800.00 $40.00 $8,000.00 $57.00 $11,400.00
17 Cost Per Hour for Roll Off Truck for Cleaning of Lift Stations HR 200 $90.00 $18,000.00 $95.00 $19,000.00 $120.00 $24,000.00
18 Cost Per Day For Vacuum Box to Clean Lift Stations Day 60 $42.00 $2,520.00 $35.00 $2,100.00 $35.00 $2,100.00
Cost Per Cubic Yard For Debris Removal and Haul From the City Location
19 to Disposal Site for Cleaning of Lift Stations CY 1200 $70.50 $84,600.00 $100.00 $120,000.00 $95.00 $114,000.00
Cost for any other services the Company provides which may be integral to
the professional Cleaning of Lift Stations. Include notes regarding the
20 specifics. CY 1 $0.00 $0.00 $1.00 $1.00 $1.00 $1.00
Total $463,795.73 $482,657.00 $1,179,804.00
1019-05 Sludge Transportation and Disposal Services- Evaluation Form
CRMCS Magna Flow Sprint Waste Services
Bid $ $463,795.73 $482,657.00 $1,179,804.00
#of Lines Bid 18 16 20
Pricing/Best Value
50 pts 43.00 32.75
Qualifications/Experience
30 pts 28 21.25
Experience List
10 pts 9.5 7.25
Compliance to Bid Requirements
10 pts 7.75 8.25
Total Points 0.00 88.25 69.50
Notes: Vendor does not have Best services; Familiar w/Pearland Services; Prices almost comparative; Sprint does not use
required credentials. emergency response; has a variety of landfill Republic; limited landfill access; unknown
access. experience with lift station cleaning.
Did not bid transfer dry from Br, Longwood; Both Did do dry; lower on some but need to verify that
do liquid hall; MF is higher but they do LS wet disposal location will work&costs will not be an
haul also &these are similar scope- having one issue;Select for line items most beneficial (dry
type and reliability is better. box).
For lift stations MG has always been very I do not work directly w/them in lift stations;
responsive on regular projects and readily hauling is out of way for disposal.
available during emergencys. Good relationship with vendor; always reliable.
MF familiar with area; access to all landfills;very
reliable.
For Compliance to Bid: check to make sure the following forms/letter were provided by vendor:
No documents provided
Contractor Insurance Agreement initially Y y
Local Bidder Claim Form y N - but not local
Conflict of Interest y y
Contractor Questionnaire y y
Non-Collusion Stmnt y y
House Bill 89 Verification y y
Cover Letter/Certifications N N y
ri
City of Pearland
3519 Liberty Drive
's, ,tON 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: Magna Flow Environmental
14915 Highway 59 North
Humble, TX 77396
Description of Services: Contractor will provide sludge transfer,dewatering and lift station cleaning
services for the City of Pearland, as needed, per the specifications of bid
#1019-05; City Council Resolution#R2018-237.
Contract Type: Unit Price Contract, Not to Exceed $482,657.00.
Effective Date: December 20, 2018
Termination Date: December 19, 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,, PEARLAND: CONTRACT• ':
/Budget/Pr r ent Hager Date Title: d ef ( e.-a %►4-f
Date: /..0
*Si ned by: at . / L—it —
City Mana er
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 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
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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 #1019-05 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 sludge transfer,dewatering and lift station cleaning
services for the City of Pearland, as needed, per the specifications of bid#1019-05; City Council Resolution
#R2018-237. Pricing is as follows per contractor's response to the same, as listed below:
Magna Flow Environmental
Line Description UOM _ EST. QTY Unit Cost
COST PER HOUR TO TRANSFER LIQUID SLUDGE FROM THE
SOUTHDOWN WASTEWATER PLANT(OR APPLICABLE CITY
FACILITY)TO THE SOUTHWEST ENVIRONMENTAL CENTER(SWEC)
1 OR APPLICABLE CITY FACILITY. HRS 600 $130.00
COST PER GALLON TO HAUL LIQUID SLUDGE FROM THE
SOUTHDOWN WASTEWATER PLANT(OR APPLICABLE CITY
2 FACILITY)TO SLUDGE DISPOSAL SITE. GALS 351000 $0.055
3 COST PER GALLON TO DEWATER SLUDGE ON-SITE. GAL 4000000 $0.0425
COST PER CUBIC YARD TO DISPOSE DEWATERED SLUDGE FROM
4 THE CITY LOCATION TO SLUDGE DISPOSAL SITE. CY 1000 $0.00
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
9 TECHNICAL SPECIFICATIONS. EA 1 $0.00
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
10 TECHNICAL SPECIFICATIONS. EA 1 $0.00
COST FOR EXTRA REPORTS AS DESCRIBED IN SECTION 1 OF
11 TECHNICAL SPECIFICATIONS. EA 1 $0.00
COST FOR EXTRA REPORTS AS DESCRIBED IN SECTION 1 OF
12 TECHNICAL SPECIFICATIONS. EA 1 $0.00
COST FOR ANY OTHER SERVICES THE COMPANY PROVIDES
WHICH THE COMPANY CONSIDERS INTEGRAL TO PROFESSIONAL
13 SLUDGE MANAGEMENT& OF BENEFIT TO THE CITY. EA 1 $1.00
Cost Per Hour For Sewer CleanerNacuum Truck and Operator
14 (combination)for Cleaning of Lift Stations HR 275 $190.00
15 Cost Per Hour for Helper to Clean of Lift Stations HR 350 $40.00
16 Cost Per Hour for Support Truck for Cleaning of Lift Stations HR 200 $40.00
17 Cost Per Hour for Roll Off Truck for Cleaning of Lift Stations HR 200 $95.00
18 Cost Per Day For Vacuum Box to Clean Lift Stations Day 60 $35.00
Cost Per Cubic Yard For Debris Removal and Haul From the City
19 Location to Disposal Site for Cleaning of Lift Stations CY 1200 $100.00
Cost for any other services the Company provides which may be integral
to the professional Cleaning of Lift Stations. Include notes regarding the
20 specifics. CY 1 $1.00
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