R2019-029 2019-02-11 RESOLUTION NO. R2019-29
A Resolution of the City Council of the City of Pearland, Texas,
awarding a unit supply bid for waste water polymer services to Zk3, in
the estimated amount of $117,882.00 beginning February 26, 2019
through February 25, 2020.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City received bids for waste water polymer services, and such
bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards a bid for waste water polymer
services to Zk3 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 waste water polymer services.
PASSED, APPROVED and ADOPTED this the 11th day of February, A.D., 2019.
TOM REID
MAYOR
ATTEST:
S RETARG/M /de\
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT A
Bid# 1219-11 Addendum 2
Title Purchase of Wastewater Polymers
Line Items Zk3 Industries Fort Bend Services, Inc
Line Description UOM QTY Unit Extended Unit Extended
1 Polymer, in 55 gallon drums Drums 130 $531.00 $69,030.00 $558.00 $72,540.00,
2 Polymer, in 250 gallon totes Totes 18 $2,714.00 $48,852.00 $2,852.00 . $51,336.00
Total `$117,882.00] $123,876.00
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C Cityof Pearland
E 3519 liberty Drive
4 ¢94i Pearland,TX 77581
General Services Contract
This.Contract(Contract)is made'between the City of Pearland,Texas(City),and Contractor.The City ti
and Contractor agree to the terms and conditions of this Contract, which consists of the following parts:
I. Summary of Contract Terms ii
II 'Signatun
1
III. Standard Contractual Provisions 1
IV. Special Terms and Conditions
V. Additional Contract Attachments,
L;Summary of Contract Terms.
Contractor: Zk3 Industries LLC
633 Spring Breeze St.
League City,TX 77573
Description of Services: Contractor will provide wastewater polymers for the City of Pearland's
Wastewater Reclamation Facilities,as needed, per the specifications of
bid#1219-1.1;City Council Resolution#R2019-29.
Contract Type: Unit Price Contract, Estimated Amount of$117:882:00.
Effective Date: February 26,2019
Termination Date: Februaryy25, 2020
Renewal; Two (2) 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 P D: CONTRA TOR'
fr-
444 7 °2//
B get/P eme Manager: ate. Titl owner
Date: , 03-jfa.li5
*Srg , Date: 2--/,�f/9
City 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+
Pagel o .
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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 Contractorr 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. 1
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 gnring written notice to Contractor. If the
City terminates this Contractunder 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 tithe other party fails to comply with its terms. Theparty 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 musttake to cure the
default If the party in default fails to cure the default as specffied 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 Conbacts 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
omissions in the g: party's negligent acts or
om
performance of this Contract in accordance with applicable law This provision does.
not affect the right of either party to Contract who is sued by a third
thisparty for acts or omissions
arising from this Contract to bring in the other partyto this.Contract 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 Govemino and Venue: This Contract is governed by the law of the State.of Texas and a
lawsuit may only be prosecuted on this Contractin 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 #1219-11 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.Servicesas listed on the attached:
Page 3 of 4
EXHIBIT.A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing wastewater polymers for the City of Pearland's
Wastewater Reclamation Facilities, as needed, per the specifications of bid #1219-11; City Council
Resolution#R2019-29. Pricing is as follows per contractor's response to the same,as listed below:
Line Description UOM EST.QTY Unit Cost
1 Polymer, in 55 gallon damns_ Drums. . . 130 $531:00
2 Polymer, in 250 gallon totes: Totes 18 . $2,714.00
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