R2020-248 2020-11-23RESOLUTION NO. R2020-248
A Resolution of the City Council of the City of Pearland, Texas, awarding a
unit supply bid for sludge transfer, dewatering and lift station cleaning
services to Magna Flow Environmental, in the estimated amount of
$482,657.00, beginning December 20, 2020 through December 19, 2021.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 1. That the City obtained competitive bids for sludge transfer, dewatering and lift
station cleaning services.
S ection 2. That the City Council hereby awards a contract to Magna Flow
Environmental, in the unit price amount 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 sludge transfer, dewatering and lift station cleaning services.
PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2020.
ATT
C`' AL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EVIN COLE
MAYOR
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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:
Description of Services:
Contract Type:
Effective Date:
Termination Date:
Renewal:
Magna Flow Environmental
14915 Highway 59 North
Humble, TX 77396
Contractor will provide sludge transfer, dewatering and lift station cleaning
services for the City of Pearland, as needed, per the specifications of bid
#1019-05; City Council Resolution #R2020-248.
Unit Price Contract, Not to Exceed $482,657.00.
D ecember 20, 2020
D ecember 19, 2021
N o renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
John Mccarter
D'gat2 y s'gned by John Mccarter
DN: cn=John M.cc3rter, o=Oty of Pearland,
cu=Finance,
Ern l=jmcc?rtcrr_:pembnJncgov,c=US
Date: 202Q12 01 15:35:00 -06'00
12/1/2020
Assistant Fin
nce Dir -c
r
Date
*Signet by: fba
City Mana. er
Assistant City Manager
Director
Program Manager
44 r 1*
1 / e• .t-vpd; y,n
*Contract Signature Authority: Program Manager -$5 999 or Tess
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
111 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 Al attached hereto.
B. Serv.ces 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
leright 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, Toss, or costs arising from the performance of this Contractor 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
Page 2 of 4
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 partof
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 #1019-05 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.
Page 3 of 4
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing sludge transfer, dewatering and lift station cleaning
services for the City of Pearland as needed, per the specifications of bid #1019-05; #R2020 248. Pricing is
as follows per contractor's response to the same as listed below:
Bid # 1019-05
Title Sludge Transportation and Disposal Services
Magna Flow Environmental
Line Description UOM EST. QTY
Unit Cost
1
COST PER HOUR TO TRANSFER LIQUID SLUDGE FROM THE
SOUTHDOWN WASTEWATER PLANT (OR APPLICABLE CITY
FACILITY) TO THE SOUTHWEST ENVIRONMENTAL CENTER (SWEC)
OR APPLICABLE CITY FACILITY
HRS
600
$130.00
2
COST PER GALLON TO HAUL LIQUID SLUDGE FROM THE
SOUTHDOWN WASTEWATER PLANT (OR APPLICABLE CITY
FACILITY) TO SLUDGE DISPOSAL SITE
GALS
351000
$0.055
3
COST PER GALLON
TO DEWATER SLUDGE ON-SITE
GAL
4000000
$0 0425
4
COST PER CUBIC YARD TO DISPOSE DEWATERED SLUDGE FROM
THE CITY LOCATION TO SLUDGE DISPOSAL SITE.
CY
1000
$0.00
9
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
TECHNICAL SPECIFICATIONS.
EA
1
$0.00
10
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
TECHNICAL SPECIFICATIONS.
EA
1
$0.00
11
COST FOR EXTRA REPORTS AS DESCRIBED IN SECTION 1 OF
TECHNICAL SPECIFICATIONS.
EA
1
$0.00
12
COST FOR EXTRA REPORTS AS DESCRIBED IN SECTION 1 OF
TECHNICAL SPECIFICATIONS.
EA
1
$0.00
13
COST FOR ANY OTHER SERVICES THE COMPANY PROVIDES
WHICH THE COMPANY CONSIDERS INTEGRAL TO PROFESSIONAL
SLUDGE MANAGEMENT & OF BENEFIT TO THE CITY.
EA
1
$1.00
14
Cost Per Hour For Sewer CleanerNacuum Truck and Operator
(combination) for Cleaning of Lift Stations
HR
275
$190.00
15
Cost Per Hour for Helper to Clean of Lift Stations
HR
350
$40.00
16
Cost Per Hour for Support
Truck for Cleaning of Lift Stations
HR
200
$40.00
17
Cost Per Hour for Roll Off Truck for Cleaning of Lift Stations
HR
200
$95.00
18
Cost Per Day For Vacuum Box to Clean Lift Stations
Day
60
$35.00
19
Cost Per Cubic
Location to Disposal
Yard For Debris Removal and Haul From the City
Site for Cleaning of Lift Stations
CY
1200
$100.00
20
Cost
to
specifics.
for any other services
the professional Cleaning
the Company provides which may be integral
of Lift Stations. Include notes regarding the
CY
1
$1.00
Page 4 of 4
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.1.cd34673b
PARTIES
CERTIFICATE
FORM 1295
1of1
0 IN . RESTED
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION
OFFICE USE ONLY
OF FILING
Number:
Filed:
Acknowledged:
1
Name of business entity filing form, and the city, state and country of the business entity's place Certificate
of business. 2020-694174
Magna Flow Environmental
Humble, TX United States Date
2
Name of governmental entity or state agency that is a party to the contract for which the form is 12/01/2020
being filed.
City of Pearland Date
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
#R2020-248
Sludge transfer, dewatering and lift station cleaning services
4
Name of Interested Party
City, State,
Country (place of business)
Nature of interest
(check applicable)
Controlling 1
Intermediary
5
Check only if there is NO
Interested Party.
X
6
UNSWORN DECLARATION
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declare under penalty of
(street)
perjury that the foregoing is true and correct.
S Coun�,
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.day
oftey*o.
(city) (state) (zip code) (country)
f , on the J of h-ecae vh ?G, 20 .
Executed in ri
(month) (year)
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Signature of
authorized agent of contracting business entity
(Declarant)
•
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.1.cd34673b