R2018-245 2018-12-17 RESOLUTION NO. R2018-245
A Resolution of the City Council of the City of Pearland,Texas, renewing a unit
price bid for water treatment chemicals with Napco Chemical Company, in an
amount not to exceed $200,000.00, for the period of January 15, 2019 through
January 14, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously opened bids for water treatment chemicals and water
analysis services.
Section 2. That the City Council hereby renews a unit supply contract with Napco
Chemical Company, Inc., in the unit supply amount shown on Exhibit "A", attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for water treatment chemicals and water analysis services.
PASSED, APPROVED and ADOPTED this the 17th day of December, A.D., 2018.
C
„ -2 ,
,_______ 04-,
> ,c_d
TOM REID
MAYOR
ATTEST:
,111,1,,',
Y(711-/XNG
15'' IN ili •V -:.-__i3:,, '"?5.-- ..cn z
Y SE RETA' ........•./
APPROVED AS TO FORM:
(L.,„'t
ed__,
DARRIN M. COKER
CITY ATTORNEY
Bid !1018-06 Exhibit A
Title Water Chemicals and Supply Analysis
Chemtrade Poolsure
Chemicals US PVS Chemical Shannon Chemical (Commerical NAPCO Chemical Water Utility
Specification Responses LLC Solutions,Inc. Corporation DXI Industries,Inc. PVS Minibulk,Inc. Chemical Company,Inc. Services,Inc.
Line Description UOM QTY Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
1 Liquid Polyphosphate Blend Gallon 12000 $8.87 $106,440.00 $9.18 $110,160.00 $8.95 $107,400.00 $9.50 $114,000.00
2 ,Zinc Orthophosphate Gallon 150 $7.67 $1,150.50 ,$7.99 $1,198.50 $6.00' $900.00 $8.00 $1,200.00
Sodium Hypochlorite 10-12%. Enter a
3 .price per gallon for a truckload. Gallon 265000 $0.8375 $221,937.50 $0.83 $219,950.00 $0.86 $227,900.00 $0.89 $235,850.00 $1.50 $397,500.00
Sodium Hypochlorite 10-12%. Enter a
price per gallon for LESS than a
4 truckload. Gallon 265000 $1.09 $288,850.00 $1.19 $315,350.00 $1.10 $291,500.00 $2.25 $596,250.00
Liquid Ammonium Sulfate. Enter a price
5 per gallon for a truckload. Gallon 27000 $1.03 $27,810.00 $1.50 $40,500.00
Liquid Ammonium Sulfate. Enter a price
6 per gallon for LESS than a truckload. Gallon 27000 $1.60 $43.200.00 $2.50 $67,500.00
Liquid Sodium Bisulfite,40%Solution.
7 Enter a price per gallon for a truckload. Gallon 40000 $0.88 $35,200.00 $1.00 $40,000.00 $0.90 $36,000.00
Liquid Sodium Bisulfite,40%Solution.
Enter a price per gallon for LESS than a
8 truckload. Gallon 40000 $1.68 $67,200.00 $1.68 $67,200.00 $1.65 $66,000.00
Total $35,200.00 $107,200.00 $107,590.50 $221,937.50 $508,800.00 $721,808.50 $808,660.00 $1,216,950.00
R2018-245
•
`' a , . ', ' . City of Pearland
3519 Liberty Drive
I � x �
r 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: NAPCO Chemical Company, Inc.
PO Box 1239
Spring, TX 77383
Description of Services: Contractor will provide water treatment chemicals for the City of Pearland,
as needed, per the specifications of bid#1018-06; City Council Resolution
#R2018-245.
Contract Type: Unit Price Contract, Not to Exceed $200,000.00.
Effective Date: January 15, 2019
Termination Date: January 14, 2020
Renewal: One 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 OF.,Pp1RLAND: CONTRACTOR:
//, ' 7-Ji
Budget/Pro •'-men Manager Date e: c,.iera-C /1/(c,,A Oyer-
Date:
y«Date: i2-/7-(8
*Sig ed by: •.te: 1 7..c)—/g
y City Ma ager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority: Program Manager-$5,999 or less
Director- S6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
Page 1 of 4
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 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 2 of 4
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 #1018-06 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 water treatment chemicals for the City of Pearland,
as needed, per the specifications of bid#1018-06;City Council Resolution#R2018-245. Pricing is as follows
per contractor's response to the same, as listed below:
NAPCO
Chemical
Company, Inc,
Line Description UOM EST. QTY Unit Cost
1 Liquid Polyphosphate Blend Gallon 12000 $8.95
Liquid Ammonium Sulfate. Enter a price per
5 gallon for a truckload. Gallon 27000 $1.03
Liquid Ammonium Sulfate. Enter a price per
6 gallon for LESS than a truckload. Gallon 27000 $1.60
Percentage mark-up above your company's cost for materials/supplies that
will be passed on to the City of Pearland 10%
Page 4 of 4