R2020-001 2020-02-24RESOLUTION NO. R2020-1
A Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for the purchase of twenty (20) water treatment disinfection analyzers from
HACH, in the estimated amount of $249,812.64.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for the purchase of water treatment disinfection
analyzers have been reviewed and tabulated.
Section 2. That the City Council hereby awards a bid to purchase twenty (20) water
treatment disinfection analyzers, from the HACH, in the amount of $249,812.64.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the purchase of water treatment disinfection analyzers.
PASSED, APPROVED and ADOPTED this the 24th day of February, A.D., 2020.
,"L ) "�' G'a
TOM REID
MAYOR
ATMS T:
beM
Y TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
City of Pearland
3519 Liberty Drive
77Pear land, TX 77581
General Services Contract
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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
ll. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor: Hach Company
2207 Collections Center Dr.
Chicago, IL 60693
Description of Services: Contractor will provide twenty (20) water treatment disinfection
analyzers and Warranty Plus Partnership, for the City of Pearland,
as needed, per the specifications of Bid #1220-12, Resolution
#R2020-1.
Contract Type: Unit Price Contract, Estimated Amount of $249,812.64.
Effective Date: February 27, 2020
Termination Date: May 27,2020
Renewal: No renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY O EARLAND: CONTRACTOR:
sistant ' ance Director Date Title:
�f„ Date: 3- rL - zo
*Wed by: Zate: 3 —I
City Manager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority: Superintendent/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
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 PaVment. 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. LiabilitV 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. Any provision contained in the Contractor's Additional Contract Documents
that conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1. The contractor's response to Bid 41220-12 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.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing provide twenty (20) water treatment
disinfection analyzers and Warranty Plus Partnership, for the City of Pearland, as needed, per the
specifications of Bid #1220-12. Pricing is as follows per contractor's response to the same, as listed
below:
Bid # 1220-12
Title Process Control Analyzers for Water Treatment Plants
Lines
Hach Com an
Line Description UOM QTY
I Unit
Extended
KTO 5500sc Ammonia
1
Monochloramine,1 Channel
EA
8
$18,108.64
$144,869.12
KTO 5500sc Ammonia
2
Monochloramine, 2 Channel
EA
2
$19,179.51
$38,359.02
Top Level Analyzer with Standpipe
3
Installation Kit - CL-17sc
EA
10
$2,040.00
$20,400.00
4
Pro nos s License Kit
EA
10
$1,000.45
$10,004.50
Warranty and Service Agreement;
5
Include note to what is included.
EA
10
$3,618.00
$36,180.00
Total $249,812.64
HACH I 5600 Lindbergh Dnve I PO Box 389 I Loveland, Colorado 80539 1 P970669.3050 I F gM669.2932 I hach.com
February 13, 2020
Dear Prospective Customer:
By signature below, the following Hach representatives are hereby authorized (during the period of
February 13, 2020 through December 31, 2020) to sign all bid documents, representations and
certifications and sales / service contracts submitted by Hach to prospective customers in accordance
with Hach's internal contract procedures and which do not require a Corporate Officer's signature:
Hermes Gonzalez
Lino Oddi
Ian Morrison
Kevin Klau
Robert Bollea
Alyssa Prill
Darin Stell
Christel Valentine
Adrian Revuelta
Christophe Pattyn
Mary Baird
Ray Ruth
Mike Strycker
Kathleen Dyekman
Roxanna Starika
Kurt Tyler
Brett Hellier
Kevin Sweeney
Melissa Voronin
Stephanie Herman
Oliver Wadosch
Jeff Stock
David Mueller
James Welch
George Davison
Heather Johnston
Shawneen Wildman
Joe Manning
Marty Jost
Bruce Zimbelman
Daniel Chellew
Staci Lamfers
Dann Brissenden
Chris Serafin
Heather Looney
Nicole Puhl
Meghan Cozzens
We appreciate the opportunity to do business with your organization.
Sincerely,
Darin Stell
Hach VP of Global Sales