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R2020-142 2020-08-10RESOLUTION NO. R2020-142 A Resolution of the City Council of the City of Pearland, Texas, awarding a sole source unit supply bid for Openway Riva Components (associated with Badger water meters) to Republic Meter, Inc., in the estimated amount of $146,842.00, for the period of August 11, 2020 through August 10, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to Section 252.022 (a) (7) of the Texas Local Government Code, the City may procure products that are available from only one source. Section 2. That the City Council hereby awards a sole source bid to Republic Meter, Inc., 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 water meters. PASSED, APPROVED and ADOPTED this the 10th day of August, A.D., 2020. • TOM REID MAYOR 0 / /`,`,„rrnnrrrrryrp AL , TRMC, CMC `�.•Q.PRLgN '••.,• .O CITY SECRETARY .0 APPROVED AS TO FORM: v DARRIN M. COKER CITY ATTORNEY City of Pearland 3519 Liberty Drive 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: Republic Meter Inc. 3839 McKinney Ave, Suite 155-218 Dallas, TX 75204 Description of Services: Contractor will provide OpenWay Riva components and kits. for the City of Pearland, as needed, per the specifications of Quote #20- 1049, Resolution # R2020-142. Contract Type: Unit Price Contract, Estimated Amount of S146,842. Effective Date: August 11,2020 Termination Date: August 10, 2021 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: CONT CTOR: Olgrt.i'. i ncd by John Mccarter John Mccarter��"' "'M`�rteLO-Cryo1 8.18.2020 Pea,ado F.°a e. i/ ma➢=jmccarter@Vearlandtx gov, <=US v ,; Date. 202008.1216:5206-05'00' ' Assistant Fi ce Director Date : e: Date. cis 7o20 *SigrADqrW I _ City Ma ager Assist t City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/Manager -$5,999 or less Director - $6,000 to S30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ Pr,ge 1 o f 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. 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 Quote #20-1049 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 OpenWay Riva components and kits for the City of Pearland, as needed, per the specifications of Quote #20-1049, Resolution #R2020-142. Pricing is as follows per contractor's response to the same, as listed below: PApubk Meter kr— Quote 3839 McKinney Ave. Suite 155-218 Dallas, TX 75204 (214)215-2224 lk accounting@ropubl icmeter.com ADOIIISBS OW TO John Hines John Hines City of Pearland City of Pearland 3501 E Orange St 3501 E Orange St Pearland, TX 77581 Pearland, TX 77581 United States United States CAIM # WITS RATION DATE 20-1049 04:23'2020 12+31?2020 ACTIVITY OTY RATE AMOUNT ERW-1601-001PS 24 83.55 2,005.20 OpenWay Riva Water Module -Pit CFG-1601-001 24 4.05 97.20 OpenWay Riva Endpoint Mounting Kits GFQ-0900-003 24 48.25 1,158.00 100W Through -the -Lid remote mount antenna Kit CFG-1601.002 24 4.05 97.20 OpenWay Riva Rod,Wall Mount Adaptor QTY 24 Per Box LDS -1601-001 24 99.50 2.388.00 OpenWay Riva leak Sensor (OLS) • 5 FT Itron Connector CFG-1801-101 10 18.90 189.00 OpenWay Riva Leak Sensor Mounting Bracket 1 Z' to 1 inch pipe CFG-1801-102 10 19.90 199.00 OpenWay Riva Leak Sensor Mounting Bracket 1 1.4^ to 2 inch pipe OEM -0034-M 10 7.05 70.50 Itron Splice Kit (1 required per splice. Use this kit when splicing between the meter register and inline connector.) This kit will find extensive use when replacing previous models of Pit ERTs that did not incorporate [iron's inline connector system. Minimum Order 10 Per Box Republic Meter Inc. 3839 McKinney Ave, Suite 155-218 Dallas, TX 75204 (214) 215-2224 accounting@republicmeter.com ADDRESS John Hines City of Pearland 3501 E Orange St Pearland, TX 77581 United States QUOTE # DATE 20-1049 04/23/2020 ACTIVITY EXPIRATION DATE 12/31/2020 ERW-1601-001 PS OpenWay Riva Water Module -Pit CFG-1601-001 OpenWay Riva Endpoint Mounting Kits CFG-0900-003 100W Through -the -Lid remote mount antenna Kit CFG-1601-002 OpenWay Riva Rod/Wall Mount Adaptor QTY 24 Per Box LDS -1601-001 OpenWay Riva leak Sensor (OLS) - 5 FT Itron Connector CFG-1601-101 OpenWay Riva Leak Sensor Mounting Bracket 1/2" to 1 inch pipe CFG-1601-102 OpenWay Riva Leak Sensor Mounting Bracket 1-1/4" to 2 inch pipe OEM -0034-002 Itron Splice Kit (1 required per splice. Use this kit when splicing between the meter register and inline connector.) This kit will find extensive use when replacing previous models of Pit ERTs that did not incorporate Itron's inline connector system. Minimum Order 10 Per Box SHIP TO John Hines City of Pearland 3501 E Orange St Pearland, TX 77581 United States QTY RATE 24 83.55 24 4.05 24 48.25 24 4.05 24 99.50 10 18.90 10 19.90 10 7.05 Quote AMOUNT 2,005.20 97.20 1,158.00 97.20 189.00 199.00 70.50