R2020-231 2020-11-09RESOLUTION NO. R2020-231
A Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply contract to Envirodyne Laboratories Inc., for water,
wastewater and pretreatment laboratory testing services, in the estimated
amount of $116,700.00, for the period of November 20, 2020 through
N ovember 19, 2021.
B E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 1. That the City obtained competitive bids for water, wastewater and
pretreatment laboratory testing services and such bids have been evaluated.
S ection 2. That the City Council hereby awards a unit supply contract to Envirodyne
Laboratories, Inc., in the unit price amounts reflected in Exhibit "A" attached hereto.
S ection 3. The City Manager or his designee is hereby authorized to execute a unit
supply contract for water, wastewater and pretreatment laboratory testing services.
PASSED, APPROVED and ADOPTED this 9th day of November, A.D., 2020.
ATTES
C AL N. ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
•
D ARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Bid # 0920-58
Title Water and Wastewater Laboratory Services Annual Contract
CXI1IUIL /-k
LINE ITEMS
A & B Environmental
Services, Inc (dba A & B Envirodyne Laboratoties
Labs
nc.
Eastex Environmental XENCO Laboratores (B&A
Laboratory, Inc
Labora ories, Inc.;
Line
Description
UOM
QTY
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
1
1
$88,677.00
$92 850.00
$103,500.00
1
PACKAGE #1
WASTEWATER/PRETREATMENT
-
$243,270.00
1.1
Carbonaceous Biochemical
Demand
Oxygen
EA
1040
$10.00
$10.00
$12.00
$21.00
1.2
Biochemical Oxygen Demand
EA
1040
$10.00
$9.00
$12.00
$20.00
1.3
E.Coli (count)
EA
1500
$9.00
$9.00
$10.00
$35.00
EA
1500
$5.00
$5.00
$6.00
$10.00
1.4
Total Suspended Solids
1.5
Volatile Suspended
Solids
EA
750
$5.00
$4.00
$4.00
$15.00
1.6
Total Dissolved Solids
EA
350
$7.00
$7.00
$10.00
$10.00
EA
750
$0.00
$5.00
$5.00
$5.00
1.7
% Total Solids
1.8
% Volatile Solids
EA
750
$4.00
$4.00
$4.00
$10.00
1.9
Ammonia Nitrogen
EA
1500
$8.00
$7.00
$9.00
$20.00
1.10
Mixed Liquor
Suspended
Solids
EA
1500
$5.00
$5.00
$6.00
$18.00
1.11
Mixed Liquor Volatile Suspended
-Fecal
Solids
EA
1500
$4.00
$4.00
$4.00
$25.00
1.12
Coliform
(annual sludge)
EA
5
$10.00
$8.00
$7.00
$30.00
1.13
Toxicity Characteristics Leachate
Procedure (full)
EA
5
$420.00
$495.00
$500.00
$50.00
1.14
TCLP - Metals, including Be,
Sb, Ni
EA
5
$65.00
$125.00
$75.00
$70.00
1.15
TCLP - VOCs
EA
5
$65.00
$60.00
$50.00
$60.00
1.16
TCLP - SVOCs
EA
5
$110.00
$150.00
$100.00
$125.00
1.17
TCLP - Organochlorine Pesticides
EA
5
$80.00
$95.00
$125.00
$75.00
1.18
TCLP - Herbicides
EA
5
$90.00
$130.00
$150.00
$100.00
1.19
Polychlorinated biphenyl
EA
5
$35.00
$45.00
$60.00
$50.00
1.20
Paint Filter
EA
5
$5.00
$5.00
$5.00
$10.00
1.21
Stormwatr Metals
(As Ba Cd Cr Cu Pb Mn Ni Se
Ag Zn Hg)
EA
6
$72.00
$125.00
$120.00
$70.00
1.22
Priority Pollutant Metals
(Sb,As, Be,Cd,Cr, Cu, Pb, Mn, Hg,
Zn)
Ni, Se,Ag,
EA
5
$78.00
$135.00
$150.00
$75.00
1
23
Total Petroleum Hydrocarbons
EA
60
$30.00
$40.00
$30.00
$37.00
1.24
Oil & Grease
EA
60
$30.00
$45.00
$45.00
$20.00
125
Sulfides
EA
20
$12.00
$20.00
$8.00
$20.00
1.26
Total Kjeldahl Nitrogen
EA
20
$28.00
$10.00
$20.00
$28.00
1.27
Nitrate + Nitrite
EA
20
$12.00
$15.00
$15.00
$20.00
1.28
Volatile Organic Compounds
EA
5
$50.00
$50.00
$30.00
$60.00
1.29
Semivolatile
Organic Compounds
EA
5
$110.00
$125.00
$100.00
$125.00
1.30
Benzene,
Toluene, Ethylbenzene,
Xylene
EA
20
$25.00
$45.00
$30.00
$32.00
1.31
Phenols
EA
5
$25.00
$30.00
$15.00
$30.00
1.32
Cyanide, Total
& Amenable
EA
5
$30.00
$25.00
$25.00
$30.00
1.33
Hexavalent Chromium
EA
5
$20.00
$18.00
$10.00
$20.00
1.34
Sulfates
EA
20
$12.00
$15.00
$10.00
$12.00
1.35
Conductivity
EA
20
$8.00
$7.00
$10.00
$5.00
1.36
Chemical Oxygen Demand
EA
20
$12.00
$16.00
$10.00
$20.00
2
PACKAGE
#2 - POTABLE WATER
1
1
$43,400.00
$45,565.00
$42,950.00
$207,730.00
2.1
Total Coliform
(P/A)
EA
3000
$9.00
$9.00
$9.00
$35.00
2.2
Heterotrophic Plate Count
EA
100
$12.00
$25.00
$25.00
$45.00
2.3
Primary DW Standards
EA
35
$90.00
$150.00
$75.00
$2,425.00
2.4
Secondary DW Standards
EA
35
$150.00
$135.00
$75.00
$181.00
2.5
Gross Alpha
EA
35
$70.00
$32.00
$30.00
$45.00
2.6
Gross Beta
EA
35
$70.00
$32.00
$30.00
$45.00
2.7
Lead/Copper
EA
150
$12.00
$25.00
$40.00
$25.00
2.8
Volatile Organic Compounds
EA
2
$50.00
$50.00
$50.00
$60.00
3
PACKAGE #3
SAMPLE COLLECTION
- VENDOR
PERFORMED
1
1
$0.00
$70.00
's
$13450.00
$1,225.00
3.1
Sample
Collection
for pH
EA
35
$5.00
$0.00
$2.00
$110.00
3.2
After Hours/Emergency Sample
Collection
EA
15
$45.00
$0.00
$0.00
$330.00
3.3
After Hours/Emergency - Pick-up
EA
15
$25.00
$0.00
$0.00
$200.00
3.4
Business
Hours - Sample Collection
EA
15
$0.00
$0.00
$0.00
$110.00
Total
$133,302.00
$138,415.00
$146,520.00
$464,450.00
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
11. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
Envirodyne Laboratories Inc.
11011 Brooklet Dr., Ste 230
H ouston, TX 77099
Contractor will provide Water, Wastewater and Pretreatment
laboratory testing services, for the City of Pearland, as needed, per
the specifications of Bid #0920-58, R2020-231.
U nit Price Contract, Estimated Amount of $116,700.00.
N ovember 20, 2020
N ovember 19, 2021
Two renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
John Mccarter
D!gital:y signed by John Mccarter
DN: cn=John Mccarter, o=City of
PearL3nd, ou=Finance,
email=jmccarter� pearl3ndtx gov, c=US
Date: 2020.11.19 1430:25 -05'00'
11-19-2020
Assistant Fin. ce Director
*Sign
CONTRACTOR:
Date Title: Lab DirOctor/Presid
by: Da
ity Manager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
Date: Nov. 9, 2020
Tanny Busby
S uperintendent/Manager -$5,999 or less
D irector - $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 liablity 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 #0920-58, R2020-231 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 Water, Wastewater and Pretreatment
laboratory testing services for the City of Pearland, as needed, per the specifications of Bid #0920-
58, R2020-231. Pricing is as follows per contractor's response to the same, as listed below:
Attachment A — Bid 440920-58
Bid # 0920-58
Title Water and Wastewater Laboratory Services Annual Contract
LINE ITEMS
Envirodyne
Laboratories, Inc.
Line Description
UOM QTY
Unit
1
PACKAGE
WASTEWATER/PRETREATMENT
#1 -
1
1
1.1
Carbonaceous Biochemical Oxygen
Demand
EA
1040
$10.00
1
2
Biochemical Oxygen
Demand
EA
1040
$9.00
1.3
E Coli (count)
EA
1500
$9.00
1.4
Total Suspended
Solids
EA
1500
$5.00
1.5
Volatile
Suspended
Solids
EA
750
$4.00
1.6
Total
Dissolved Solids
EA
350
$7.00
1.7
% Total Solids
EA
750
$5.00
1.8
% Volatile Solids
EA
750
$4.00
1.9
Ammonia Nitrogen
EA
1500
$7.00
1.10
Mixed
Liquor
Suspended
Solids
EA
1500
$5.00
1.11
Mixed Liquor
Volatile Suspended
Solids
EA
1500
$4.00
1.12
Fecal Coliform (annual sludge)
EA
5
$8.00
1.13
Toxicity Characteristics Leachate
Procedure (full)
EA
5
$495.00
1.14
TCLP - Metals, including
Be, Sb, NI
EA
5
$125.00
1.15
TCLP - VOCs
EA
5
$60.00
1.16
TCLP - SVOCs
EA
5
$150.00
1.17
TCLP - Organochlorine
Pesticides
EA
5
$95.00
1.18
TCLP - Herbicides
EA
5
$130.00
1.19
Polychlorinated biphenyl
EA
5
$45.00
1
20
Paint Filter
EA
5
$5.00
121
Stormwatr Metals
(As,Ba,Cd,Cr,Cu,Pb,Mn,Ni,Se,Ag,Zn,Hg)
EA
6
$125.00
1.22
Priority Pollutant Metals
(Sb,As,Be Cd,Cr Cu,Pb,Mn,Hg,Ni,Se,Ag,
Zn)
EA
5
$135.00
1.23
Total Petroleum Hydrocarbons
EA
60
$40.00
1.24
Oil & Grease
EA
60
$45.00
1.25
Sulfides
EA
20
$20.00
1.26
Total Kjeldahl
Nitrogen
EA
20
$10.00
1.27
Nitrate
+ Nitrite
EA
20
$15.00
1.28
Volatile Organic
Compounds
EA
5
$50.00
1
29
Semivolatile Organic
Compounds
EA
5
$125.00
1.30
Benzene, Toluene, Ethylbenzene, Xylene
EA
20
$45.00
1.31
Phenols
EA
5
$30.00
1.32
Cyanide, Total & Amenable
EA
5
$25.00
1.33
Hexavalent Chromium
EA
5
$18.00
1.34
Sulfates
EA
20
$15.00
1.35
Conductivity
EA
20
$7.00
1.36
Chemical Oxygen
Demand
EA
20
$16.00
2
PACKAGE
#2
POTABLE
WATER
1
1
2.1
Total Coliform (P/A)
EA
3000
$9.00
2.2
Heterotrophic
Plate Count
EA
100
$25.00
2.3
Primary DW Standards
EA
35
$150.00
2.4
Secondary DW Standards
EA
35
$135.00
2.5
Gross Alpha
EA
35
$32.00
2.6
Gross Beta
EA
35
$32.00
2 7
Lead/Copper
EA
150
$25.00
2 8
Volatile Organic
Compounds
EA
2
$50.00
3
PACKAGE
SAMPLE
#3 - VENDOR
COLLECTION
PERFORMED
1
1
3.1
Sample
Collection for
pH
EA
35
$0.00
3.2
After Hours/Emergency Sample
Collection
EA
15
$0.00
3.3
After Hours/Emergency
- Pick-up
EA
15
$0.00
3.4
Business Hours - Sample
Collection
EA
15
$0.00
Attachment A