R2019-288 2019-11-25RESOLUTION NO. R2019-288
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 $150,000.00, for the period of
December 9, 2019 through December 8, 2020.
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 25th day of November, A.D., 2019.
ATTEST: �'''����n�••••``•
Litt., -
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
04 40 Pe
4.1/4 , • City of Pearland
1C n 3519 Liberty Drive
T 1. S
Fsr, gra 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#R2019-288.
Contract Type: Unit Price Contract, Not to Exceed $150,000.00.
Effective Date: December 9, 2019
Termination Date: December 8, 2020
Renewal: Second renewal of the two renewal options available, upon the mutual
agreement of both parties.
II. Signatures. By signing below, the parties agree to the terms of this Co .ct:
CITY OF P ' RLA D: CONTRACTOR:
//A ';-4-044 iS
B ,:et/Proc ement Manager Date Title: ' ear
Date: '7 - -1
*Si. .t by: Date: ,• . 6 • _*
ity Manager
Assistant City�ana•er
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+
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 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 #1019-01 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.
Bid # 1019-01 Exhibit A
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
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 H 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
1.11 VAULT AND STRAINER Neptune R9001 EA 1 $6,500.00 $14,200.00
12"CLASS II TURBINE METER, TO INCLUDE
1.12 VAULT AND STRAINER Neptune R9001 EA 1 $7,300.00 $16,000.00
2 REGISTERS FOR LARGE METERS Neptune R9001 PKG 1
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 R9001, 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 R9001, 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 R9001, LOW ONLY Neptune EA 1 $122.35 $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 ONL'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 ONL'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