R2020-247 2020-11-23RESOLUTION NO. R2020-247
A Resolution of the City Council of the City of Pearland, Texas, awarding a
unit price bid for dewatered bio -solids disposal services to Sprint Waste
S ervices LP in the estimated amount of $350,000.00, 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 dewatered bio -solids disposal
services.
S ection 2. That the City Council hereby awards a contract to Sprint Waste Services, 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 price
contract for dewatered bio -solids disposal services.
PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2020.
ATT
CR TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EVIN COLE
MAYOR
. .
•
,•/t
•
City of Peariand
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:
S print Waste Services
PO Box 940820
H ouston, TX 77094
Contractor will provide dewatered bio -solids disposal services for the City
of Pearland, as needed, per the specifications of bid #1019-05; City
Council Resolution #R2020-247.
U nit Price Contract, Not to Exceed $350,000.00.
D ecember 20, 2020
December 19, 2021
N o renewal options available
11. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
Afrt
ssistant Finance Director
Date
*Signed by: Date:
ley 2Sr2o2 /
City Manager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority:
CONTRACTOR:
Title: Vice 'resident
Date: 1/16/21
Program Manager 45,999 or less
Director - $6,000 to $30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
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 Al 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
u nder 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
o missions in the performance of this Contract in accordance with applicable law. This provision does
n ot 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, 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.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing dewatered bio -solids disposal services for the City
of Pearland, as needed, per the specifications of bid #1019-05; R2020-247. Pricing is as follows per
contractor's response to the same, as listed below:
Bid # 1019-05
Title Sludge} Transportation and Dis
I Services
Sprint Waste Services, LP
Line Description
UOM EST. QTY
Unit Cost
5
COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM
BARRY ROSE WASTEWATER PLANT TO TCEQ PERMITTED
FACILITY.
CY
2100
$41.60
6
COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM
LONGWOOD WASTEWATER PLANT TO TCEQ PERMITTED FACILITY.
CY
3900
$41.60
7
COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM
SOUTHWEST ENVIRONMENTAL CENTER (SWEC) TO TCEQ
PERMITTED FACILITY.
CY
5100
$41.60
8
COST PER CUBIC YARD TO TRANSFER BIO -SOLID SLUDGE FROM
REFLECTION BAY WRF TO TCEQ PERMITTED FACILITY.
CY
5400
$41.60
9
COST FOR EXTRA TESTING AS DESCRIBED IN SECTION 1 OF
TECHNICAL SPECIFICATIONS.
EA
1
$1.00*
10
COST
TECHNICAL
EA
1
$1.00*
FOR EXTRA
SPECIFICATIONS.
I LSTING AS DESCRIBED IN SECTION 1 OF
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
*cost + 10%
(_,Ny «-d7 r ea i' a «Sl
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:
Bio Aquatic Testing, Inc.
2501 Mayes Road, Ste. 100
Carrollton, TX 75006
Contractor will provide wastewater bio -monitoring services, for the
City of Pearland, as needed, per the specifications of Bid #1219-13.
Unit Price Contract, Estimated Amount of $35,500.
January 21, 2021
January 20, 2022
No renewal options available
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
Rhonda Daugherty Digitally signed.12. by Rhonda Daugherty
Date: 2020.12.29 10:46:29-06'00'
u t
*signed by: r j
City Manager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
CONTRACTOR:
Date:
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
G overnment 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 . Labil tv and Indemnity. Any provision of any attached contract document that limits the
Contractor's liab lity 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 #1219-13 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 wastewater bio -monitoring services for
the City of Pearland, as needed, per the specifications of Bid #1219-13. Pricing is as follows per
contractor s response to the same as listed on attached pages:
Attachment A— Bid 141219-13 Bio -Aquatic Line Items
Line Items
Bio Aquatic
Testing
Line Description QTY
Unit
Barry Rose
1
1.1
Chronic Ceriodaphnia dubia
Each
4
$750.00
1.2
Chronic Pimephales promeias
Each
4
$750.00
1.3
24-hour Acute Ceriodaphnia dubia
Each
2
$75.00
1.4
24-hour Acute Pimephales promelas
Each
2
$75.00
1.5
Sampling: 3 Separate 24hr events (4 round trips)
Each
4
$500.00
2
Reflection Bay
1
2.1
Chronic Ceriodaphnia dubia
Each
4
$750.00
22
Chronic Pimephales promelas
Each
4
$750.00
2.3
24-hour Acute Ceriodaphnia dubia
Each
2
$75.00
2.4
24-hour Acute Pimephales promelas
Each
2
$75.00
2.5
Sampling: 3 Separate 24hr events (4 round trips)
Each
4
$500.00
3
Longwood
1
3.1
Chronic Ceriodaphnia dubia
Each
4
$750.00
3.2
Chronic Pimephales promelas
Each
4
$750.00
3.3
24-hour Acute Ceriodaphnia dubia
Each
2
$75.00
3.4
24-hour Acute Pimephales promelas
Each
2
$75.00
3.5
Sampling: 3 Separate 24hr events (4 round trips)
Each
4
$500.00
4
JHEC
1
4.1
Chronic Ceriodaphnia dubia
Each
4
$750.00
4.2
Chronic Pimephales promelas
Each
4
$750.00
4.3
24-hour Acute Ceriodaphnia dubia
Each
2
$75.00
4.4
24-hour Acute Pimephales promelas
Each
2
$75.00
Page 2 of 3
4.5
Sampling: 3 Separate 24hr events (4 round trips)
Each
4
$500.00
5
As Need Re -sampling
1
5.1
Chronic Ceriodaphnia dubia
Each
1
$750.00
5.2
Chronic Pimephales promelas
Each
1
$750.00
5.3
24-hour Acute Ceriodaphnia dubia
Each
1
$75.00
5.4
24-hour Acute Pimephales promelas
Each
1
$75.00
5.5
1 Sampling Event: 3 Separate 24hr samples (4
round trips)
Each
1
$500.00
Page 3 of 3