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R2020-141 2020-08-10RESOLUTION NO. R2020-141 A Resolution of the City Council of the City of Pearland, Texas, awarding a sole source unit supply bid for water meters to Badger Meter, Inc., in the estimated amount of $207,585.00, 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 Badger 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. ATT CR TAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR L U riuuul Badger Meter 1600 Clovis Barker, Suite 202 San Marcos, TX 78666 Phone: 512-781-7302 Fax: 512-781-7308 BILL TO: City of Pearland 3501 East Orange Street Pearland, TX 77581 QUOTATION QUOTE NUMBER: BM—Pearland-042020 DATE: Monday, April 20, 2020 QUOTED BY: Toby Sledge REQUESTED BY: Dante Prescod PHONE: 281-652-1907 EMAIL: dprescod@pearlandtx.gov SHIP TO: City of Pearland 3501 East Orange Street Pearland, TX 77581 QTY PRODUCT DESCRIPTION SHIPPING UNIT PRICE SALESPERSON PAYMENTTERMS E -Series Ultrasonic Meter, 5/8 x 3/4", SS, Itron connector Term SUBJECT TO REVIEW $ 149.00 METHOD E -Series Ultrasonic Meter, 3/4", SS, Itron connector $ T.SLEDGE Net 30 Days TBD Valid thru 12/31/20 Badger Meter Direct Pricing - SS QTY PRODUCT DESCRIPTION UNIT PRICE AMOUNT 1 E -Series Ultrasonic Meter, 5/8 x 3/4", SS, Itron connector $ 149.00 $ 149.00 1 E -Series Ultrasonic Meter, 3/4", SS, Itron connector $ 162.00 $ 162.00 1 E -Series Ultrasonic Meter, 1", SS, Itron connector $ 190.00 $ 190.00 1 E -Series Ultrasonic Meter, 11/2", SS, Itron connector $ 435.00 $ 435.00 1 E -Series Ultrasonic Meter, 2", SS, Itron connector $ 595.00 $ 595.00 1 E -Series Ultrasonic Meter, 3" x 12", Bronze, Itron connector $ 1,635.00 $ 1,635.00 1 E -Series Ultrasonic Meter, 3" x 17", Bronze, Itron connector $ 1,662.00 $ 1,662.00 1 E -Series Ultrasonic Meter, 4" x 14", Bronze, Itron connector $ 1,991.00 $ 1,991.00 1 E -Series Ultrasonic Meter, 4" x 20", Bronze, Itron connector $ 2,018.00 $ 2,018.00 Pricing based on quoted quantities. Taxes NOT included. Freight included on orders of $25,000 or more. Tax Rate: Est. Lead Time: TBD THANK YOU FOR YOUR BUSINESS!! Page 1 of 1 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 ll. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Badger Meter Inc. 1600 Clovis Barker, Suite 202 San Marcos, TX 78666 Description of Services: Contractor will provide 5/8" - 4" water meters, for the City of Pearland, as needed, per the specifications of Quote #BM_Pearland_042020, Resolution #R2020-141. Contract Type: Unit Price Contract, Estimated Amount of $207,585. Effective Date: August 11, 2020 Termination Date: August 10, 2021 Renewal: Two renewal option available II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: John Mccarter- "° 8-31-2020 Assistant Fina e Director Date *Signed : DtKe ! Sr,D� �� City Mana Assistant City Manager Director Superintendent/Manager CONTRACTOR: Badger Meter, Inc. /- a� Title: Korrine L. Fleming, Assistant 56cretary Date: August 21, 2020 *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 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 #BM_Pearland_042020 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 5/8" to 4" water meters for the City of Pearland, as needed, per the specifications of Quote #BM_Pearland_042020, Resolution #R2020- 141. Pricing is as follows per contractor's response to the same, as listed below: Badger Meter 1600 Clovis Barker, Suite 202 San Marcos, TX 78666 Phone: S12-781-7302 Fax: 512-781-7308 BILL TO: City of Pearland 3501 East Orange Street Pearland, TX 77581 QUOTATION QUOTE NUMBER: SM—Pearland-042D20 DATE: Monday, April 20, 2020 QUOTED BY: Toby Sledge REQUESTED BY: Dante Prescod PHONE, 281.652-1907 EMAIL: dorescodCaloeariandtx.gov SHIP TO. City of Pearland 3501 East Orange Street Pearland, TX 77581 QTY PRODUCT DESCRIPTION SHIPPING UNIT PRICE SALESPERSON PAYMENT TERMS E -Series Ultrasonic Meter, 5/8 x 3/4", SS, Itron connector Term SUBJECT TO REVIEW $ 149.00 METHOD E -Series Ultrasonic Meter, 3/4", SS, Itron connector T.SLEDGE Net 30 Days TBD Valid thru 12/31/20 Badger Meter Direct Pricing - SS QTY PRODUCT DESCRIPTION UNIT PRICE AMOUNT 1 E -Series Ultrasonic Meter, 5/8 x 3/4", SS, Itron connector =• 149.00 $ 149.00 1 E -Series Ultrasonic Meter, 3/4", SS, Itron connector 162.00 $ 162,00 1 E -Series Ultrasonic Meter, 1", SS, Itron connector c :90.00 $ 190.00 1 E Series Ultrasonic Meter, 1112", SS, Itron connector 5 435.00 $ 435.00 1 E Series Ultrasonic Meter, 2", SS, Itron connector S 595,W $ 595.00 1 E Series Ultrasonic Meter, 3" x 12", Bronze, Itron connector 1,635.04 $ 1,635,00 1 E -Series Ultrasonic Meter, 3" x 17", Bronze, Itran connector $ 1,662.00 $ 1,662.00 1 E -Series Ultrasonic Meter, 4" x 14", Bronze, Itron connector $ 1,991.00 $ 1,991.00 1 F -Series Ultrasonic Meter, 4" x 20", Bronze, Itron connector 2,018,00 $ 2,018.00 Pricing based on quoted quantities. Taxes NOT included. Freight included on orders of $25,000 or more. Cit of Pearland Purchasing Department -&I)-L Y 281.652.1767 or 3519 Liberty Drive 281.652.1790 Pearland, TX 77581 Fax 281.652.1738 Contractor Insurance Requirements & Agreement Requirements Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance with additional insured endorsement page or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractor's insurance will be primary payer. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids(aa-)Pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # #BM_Pearland_042020, Resolution #R2020-141 Company: Badger Meter, Inc. �i Signature and Printed Name: /1. Korrine L. Fleming TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Statutory Limits City is to be listed as additional Employers' Liability $100,000 per occurrence insured with wavier of subrogation and 30 day notice of cancellation or material change in coverage. 2. Commercial General (Public) Personal Injury - $1,000,000 per Liability to include coverage for: person; Property Damage - a) Premises/Operations $1,000,000 per occurrence ; b) Products/Completed General Aggregate - $1,000,000 Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit - coverage for: $1,000,000 a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Certificate of Insurance forms may be emailed to: Purchasing Department at ebids pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids(aa-)Pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # #BM_Pearland_042020, Resolution #R2020-141 Company: Badger Meter, Inc. �i Signature and Printed Name: /1. Korrine L. Fleming ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE 1 /2019 Y) 12/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-414-443-0000 CONTACT NAME: Hays Companies PHONE FAX_ IC No): 'C, E-MAIL 1200 North Mayfair Road, Suite 100 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 01/01/21 INSURERA: PHOENIX INS CO 25623 Milwaukee, WI 53226 INSURED INSURER B: TRAVELERS PROP CAS CO OF AMER 25674 Badger Meter, Inc. INSURER CCONTINENTAL INS CO 35289 INSURER D: ACCIDENT FUND INS CO OF AMER 10166 4545 West Brown Deer Road INSURER E : MED EXP (Any one person) $ 10,000 INSURER F: Milwaukee, WI 53223 COVERAGES CERTIFICATE NUMBER: 58193991 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLITYPE IVSD SUER POLICY NUMBER MM DDPOLICY EFF /YYYY POLICY EXP MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y660 268J2023 PHX 20 01/01/20 01/01/21 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1_X_1 OCCUR PREM SE SOEaoccurrDence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY 1 PRO JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 810 21,694073 20 14 01/01/20 01/01/21 COMB' NED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident 11 HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLALIAB X OCCUR 6076540927 01/01/20 01/01/21 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 1400014895 01/01/20 01/01/21 PER X STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) fhalas 58193991 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Sample Use Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Supply Only Contracts ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q �U ACORD 25 (2016/03) fhalas 58193991 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .3 Badger Meter August 27, 2020 Mr. Dante Prescod City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: General Services Contract BM_Pearland _042020 Contract dates August 11, 2020 to August 10, 2021 Dear Mr. Prescod: 4545 W Brown Deer Road PO Box 245036 Milwaukee, Wisconsin 53224-9536 414-355-04001800-876-3837 www.badgermeter.com Thank you for your correspondence regarding the above -referenced contract. Enclosed herein is a fully executed contract. Upon execution by the City of Pearland, we would appreciate a copy for our records. Please be aware, Badger Meter has ample coverage to satisfy the City's concerns for a supply - only contract. The requirement that the City be named as additional insured on the general liability and automobile liability policies is more appropriately utilized in circumstances other than a supply -only contract and, therefore, will not be included on a Certificate of Insurance should Badger Meter be awarded this contract. Enclosed for your review is a sample of our Certificate of Liability Insurance. The cancellation clause on the Certificate of Insurance reflects the ACORD standard, and we regret that our insurer cannot modify it. However, our insurer assures us that Badger Meter will receive notice of cancellation of the policies with ample time to provide notification to the City per the bid specification. Therefore, Badger Meter will comply with the City's bid requirement to give 30 days' advanced notice of insurance cancellation if, for some unforeseen reason, we choose not to renew the policies at the levels required by the bid. Badger Meter will not be supplying a waiver of subrogation for the worker's compensation policy as there will be no employees doing work for the City. Due to continuous improvements and redesign of our products and technology solutions, we reserve the right to provide our newest product solutions as an alternative to the proposed products provided they are in conformance with the requirements of the specifications and do not exceed the prices quoted. Mr. Dante Prescod Page 2 August 27, 2020 We provide certification files to help manage meter and endpoint inventory and to maintain meter accuracy data. The standard method of delivery for this format is via electronic mail. Any deviations from our standard format, or any custom file formats, will be considered on a time and material basis. In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 ext. 12728 or via email at bids(a)-badaermeter.comWe appreciate the opportunity to support your metering needs. Sincerely, BADGER METER, INC. Korrine L. Fleming Assistant Secretary