R2018-246 2018-12-17 RESOLUTION NO. R2018-246
A Resolution of the City Council of the City of Pearland,Texas, renewing a unit
supply contract for water/wastewater treatment chemicals and water analysis
services with PVS Minibulk, in an amount not to exceed
$347,500.00, beginning January 15, 2019 through January 14, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for water/wastewater treatment chemicals and water
analysis services were previously obtained.
Section 2. That the City Council hereby renews a unit supply contract with PVS Minibulk,
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 unit
supply contract for water/wastewater treatment chemicals and water analysis services.
PASSED, APPROVED and ADOPTED this the 17th day of December, A.D., 2018.
RE/Le)
TOM REID
MAYOR
ATTEST:
00 11111i,,/
Y NG Lo •
/ i
Y SE''�ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Bid# 1018-06
Title Water Chemicals and Supply Analysis
Chemtrade Poolsure
Chemicals US PVS Chemical Shannon Chemical jCommerical 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'
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
Resolution No. R2018-5
City of Pearland
gA4Allg
3519 Liberty Drive
r s, ,„"' 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: PVS Minibulk, Inc.
10900 Harper Ave.
Detroit, Michigan 48213
Description of Services: Contractor will provide sodium hypochlorite to be used as a water
treatment chemical throughout the City of Pearland,as needed,per
the specifications of bid #1018-06 and City Council Resolution
#R2018-5.
Contract Type: Unit Price Contract.
Effective Date: 1/15/2018.
Termination Date: 1/14/2019.
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:
Purc sing ficer `Date me: Assistant Secretary / James DeVleeschouwer
Date: January 10, 2018
•
d by: ate:
City nager
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+
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Ili. 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 hi accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at internals 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 Govetnment Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term et 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 ell 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 falls 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. lithe 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 ccntractual 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 ConVaot as a third-party defendant as allowed by law,
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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 beproseouted 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 ail prier negotiations,representations,or contracts,either written or
Oral. This Contract may be amended only by written instrument signed by bath parties.
H. Independent ;Contractor: Contractor shall perform the work under this Contract as en
Independent.contractor and not as an employee of the City• The City has no right to supervise,
direct,or control the Contraotor 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 net Inherently dangerous,that Contractor
• • • will perform the work in a Workmaiiilke manner, and that Contractor will take proper care end
. 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 finy mutter relating to this Contract, the parties agree to try in good faith, before
,„Aio! • 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 bocurnents. The following specified documents attached to this Contract are
-part_of tills 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 oontractor's response to bid 1610-08 shall be construed as additional contract
documents.
2. Executed Contractor Insurance Requirements & Agreement (required Insurance
certificate[sj shall be in possession of City at actual commencement of work).
t3, City's Additional Contract Documents:
1, Scope of Services as listed on the attached.
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EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
• Soope of services shall consist of the contractor providing sodium hypochiorlte to be used as a water
treatment chemical throughout the City of Peariand,as needed, per the specifications of bid#1018-06;
City Council Resolution#R2018-5. Pricing is as follows per contractor's response to the same, as
listed below;
PVS
Specification Responses _ Minibuik Inc.
Estimated
Line Description UOI14 Qty Unit
'' .Liquld.Polyphosphate Blond Gallon 12000 Not Awarded
2 Zino Orthophosphate Gallon 150 Not Awarded
S tlium HYpocHorlte 10-12%. Enter a price
. per gallon fora truckload_ Galion 265000 $0.83
,Sodium Hypochlorite 10-12%. Enter a price
4 . per_pallop for LESS than a truckload. Gallon 265000 $1.09
•
• Liquid ArnmonlUm Sulfate. Enter a price per
� a . : •gallon for a truckload. Gallon 27000 Not Awarded
Liquid Ammonium Sulfate. Enter a price per
8 gallon for LESS than a truckload. Gallon 27000 Not Awarded
Liquid Spolum 8lsulfite, 40% Solution. Enter a
. price per;gallbn for a truckload, Gallon 40000 Not Awarded
Liquid Sodlurn t3lsulfite,40%Solution. Enter a
8 price,pergallcn for LESS than a truckload. Gallon 40000 Not Awarded
Percentage mark-up above your company's cost for materials/supplies that
will be passed on to the City of Peariand 7%
1018-06 Water
Chemicals and Supply
Poolsure
Chemtrade (Commerical Shannon
Chemicals US DXI Industries, NAPCO Chemical Chemical PVS Chemical PVS Minibulk, Chemical Water Utility
LLC Inc. Company, Inc. Products) Solutions, Inc. Inc. Corporation Services, Inc.
Pricing/Best Value
50 pts 38.50 37.25 48 34.25 34.25 47.5 36 28
Qualifications/License
35 pt 26.25 30 35 10.5 26.25 28.25 27.5 29
Compliance to Bid
15 pts 11.50 11.75 13.5 0 13.75 15 14.25 11.75
Total Points 76.25 79 96.5 44.75 74.25 90.75 77.75 68.75