R2021-244 2021-11-08RESOLUTION NO. R2021-244
A Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply contract with Envirodyne Laboratories, Inc., for water, wastewater and
pretreatment laboratory testing services, in the estimated amount of
$120,000.00, for the period of November 20, 2021 through November 19, 2022.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City obtained competitive bids for water, wastewater and
pretreatment laboratory testing services and such bids have been evaluated.
Section 2. That the City Council hereby renews a unit supply contract with Envirodyne
Laboratories, 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 unit
supply contract for water, wastewater and pretreatment laboratory testing services.
PASSED, APPROVED and ADOPTED this the 8th day of November, A.D., 2021.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
CRYSTAL N. ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
ove0 City of Pearland
3519 Liberty Drive
, g.',11111' ,(/' '
'4,),,A Pearland, TX 77581
"" 0011,11,01
SUPPLY CONTRACT NO. 0920-58
Water, Wastewater and Pretreatment Laboratory Testing
THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home-
rule municipal corporation ("City") and Contractor ("Contractor"), and consisting 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: Envirodyne Laboratories Inc.
11011 Brooklet Dr., Ste 230
Houston, TX 77099
Description of Supplies: Contractor will provide water, wastewater and pretreatment
laboratory testing services, for the City of Pearland, as needed,
per the specifications of Bid #0920-58.
Contract Amount: Unit Price Contract, Estimated Amount of$120,000°00
Effective Date: November 20, 2021
End Date: November 19, 2022
Renewals: One (1) renewal option available
Resolution No/Bid No. 0920-58
II. Signatures
k7a'sia E bPEARL AND
SLULL balc_Vi
r„
Et I ULLU24gb CONTRACTOR
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tit' t i il
' 1 . kt_ ,..)1.1?W --,
Purchasing Officer Date Title: l,./;{) 1 Vi.i1ir ce
, DocuSigned by:
acui Putirsow Date: i,,i:pit(/ ,2,7i,/, 1
"— . ..csitibevcuogett
*Signed by: Date
_
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority: Superintendent/Manager— up to $10,000
Director- $10,001 - $30,000
City Manager/Deputy/Assistant City Manager- $30,001 +
City Council Resolution over $50,000
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Ill. Standard Contract Provisions
WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to h equest for
Bid/Proposal or Quote No. 0920-58 ("Solicitation"), which Solicitation includes the required scope
of work and all specifications and which Solicitation and the Contractor's bid or proposal response,
as applicable, are incorporated by reference in this Contract as Exhibits 11 and 2, respectively, as
if each were fully set out here in its entirety,
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Contract is for one (1) year, with performance commencing upon the effective
date or the date of issuance of the notice to proceed issued by the Contract Administrator or
the Purchasing Division, or upon the performance date listed in the notice to proceed,
whichever is later. The parties may mutually extend the Term of this Contract for up to one
(1) additional one-year periods ("Option Period(s)"), provided, the parties do so by written
amendment prior to the expiration of the original term or the then-current Option Period, The
City's extension authorization must be executed by the City Manager or designee,
3. Compensation and Payment. This Contract is for an amount not to exceed $120,000.00,
subject to approved extensions and changes. Payment will be made for Supplies completed
and accepted by the City within thirty (30) days of acceptance, subject to receipt of an
acceptable invoice. Contractor shall invoice no more frequently than once per month. All
pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in
Attachment B, the content of which is incorporated, in its entirety, by reference into this
Contract, Any amount not expended during the initial term or any option period may, at the
City's discretion, be allocated for use in the next option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
arelintspqyptule(rDpearlandtxgpv
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City's Contract
Administrator for this Contract is as follows:
Name: Sue Ellen Arredondo
Department: Engineering & Public Works
Phone: 281,652,1946
Email: sarredondo@purtictx.net
S. Insurance; Bonds.
(A) Before performance can begin under this Contract, the Contractor must deliver a
Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the
Contract Administrator. Additionally, the COI must state that the City shall be provided
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no less than thirty (30) days advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City must be named as an
additional insured. The City Attorney must be given copies of all insurance policies
within ten (10) days of the City Manager or his designee's written request, Insurance
requirements are as stated in Attachment C, the entirety of which is incorporated by
reference into this Contract.
(B) I Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Agreement. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract y,
6. Purchase Release Order. For multiple-release purchases of Supplies to be provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Supplies to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
of the department or division. The purchase release order shall refer to this Contract, and
Supplies shall not be rendered until the Contractor receives the signed purchase release
order,
7. Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies
or products that are provided but not accepted by the City must be corrected or re-worked
immediately at no charge to the City. If immediate correction or re-working at no charge cannot
be made by the Contractor, replacement Supplies may be procured by the City on the open
market and any costs incurred, including additional costs over the item's bid/proposal price,
shall be paid by the Contractor within thirty (30) days of receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances,
(B) In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is incorporated into this Contract.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are
estimates only and do not obligate the City to order or accept more than the City's actual
requirements nor do the estimates restrict the City from ordering less than its actual needs
during the term of the Contract including any Option Period, Substitutions and deviations from
the City's product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the
City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract as an expenditure in said budget, and it is
within the sole discretion of the City's City Council to determine whether or not to fund this
Contract. The City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor shall perform all work required by this Contract as an
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independent contractor and will furnish such Supplies in its own manner and method, and
under no circumstances or conditions will any agent, servant or employee of the Contractor
be considered an employee of the City.
12. Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
13. Waiver. No waiver by either party of any breach of any term or condition of this Contract
waives any subsequent breach of the same.
14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
15. Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day
after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn: Laurie Rodriguez
Title: Environmental Services Superintendent
Address: 3501 East Orange Street, Pearland, TX 77581
Phone: 281,652.1813
IF TO CONTRACTOR:
Envirodyne Laboratories Inc.
Attn: Tanny Busby
Title: President
Address: 11011 Brooklet Dr., Ste 230, Houston, TX 77099
Phone: 281,568.7880
16. 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.
17. 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
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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,
18. 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.
19. Termination.
(A) 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 Supplies
provided in accordance with this Contract to the date of termination,
(B) 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 shall provide 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
pursuant to 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.
20. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of
the owner's manual and/or preventative maintenance guidelines or instructions if available for
any equipment purchased by the City pursuant to this Contract. Contractor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
21. Limitation of Liability. The City's maximum liability under this Contract is limited to the total
amount of compensation listed in this Contract. In no event shall the City be liable for
incidental, consequential or special damages.
22. Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold consent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever,
23. Severability. Each provision of this Contract is considered to be severable and, if, for any
reason, any provision or part of this Contract is determined to be invalid and contrary to
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
24. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
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A, this Contract (excluding attachments and exhibits);
B, its attachments:
C. the bid solicitation document including any addenda (Exhibit 1): then,
D. the Contractor's bid response (Exhibit 2).
25. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252,908, as it may be amended, and to complete Form 1295 "Certificate of
Interested Parties" as part of this Contract if required by said statute for items approved by
City Council,
26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas,
27. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract, This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
28. Public Information Act Requirements. This paragraph applies only to agreements that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
29. Entire Contract. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV. Special Terms and Conditions. None,
V. Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/Quote Dated#0920-58
Exhibit 2: Contractor's Bid/Proposal Response
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ATTACHMENT A — SCOPE OF WORK
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. Pricing is as follows per contractor's response to the same, as listed per Attachment B.
DocuSign Envelope ID:8CDO1 D6A-3F56-40B4-B316-E215C53BCF1 D
ATTACHMENT B - BID/PRICING SCHEDULE
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3,4 BuslneS1"Hours•Samgle Colloctiorl FA, 15 .00,,
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ATTACHMENT C — INSURANCE 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 or a copy of their insurance policy(s)
evidencing the coverages and coverage provisions identified herein. 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.
Type of Insurance Amount of Insurance Provisions
1. Workers° Compensation Statutory Limits City to be provided a WAIVER
Employers Liability $100,000 per occurrence OF SUBROGATION and 30-day
notice of cancellation or
material change in coverage.
2. Commercial General Personal Injury- $1.000.000 per City to be listed as additional
(Public) Liability to include person; Property Damage - insured and provided 30-day
coverage for: $1,000,000 per occurrence; notice of cancellation or
a) Premises/Operations General Aggregate - ' material change in coverage.
b) Products/Completed $I 000,000
Operations City shall be provided 30-day
c) Independent notice of cancellation or
Contractors material change in coverage,.
d) Personal Injury.
e) ContractualLiability
3. Business Auto Liability to, Combined Single Limit-
include coverage for: $ ,000,000
a) Owned/Leased
vehicles
b) Non-owned vehicles
c) Hired vehicles
Certificate of Insurance forms may be sent to Purchasing Department.
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ATTACHMENT D —WARRANTY
Items or services shall conform to the proposed specifications and all warranties as
stated in the Uniform Commercial Code and be free from all defects in material,
workmanship and title.
DocuSign Envelope ID:8CDO1 D6A-3F56-40B4-B316-E215C53BCF1 D
STANDARD FORM OF AGREEMENT
(17T PEARL AND APPENDIX II
House Bill 89 Verification
I, Laura Bonjonia (Person name), the undersigned
representative (hereafter referred to as "Representative") of Envirodvne
Laboratories (company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2, That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland, and
3. That Representative understands that the term "'boycott Israel" is defined by Texas
Government Code Section 2270,001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli-controlled territory, but does not include an action
made for ordinary business purposes.
(vL-/ 7)21‘l
SIGNATURE OF,f EPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of (,,'( n, , 2021
Notary Public
I /
seN,
;.) My
wi
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
oti
Complete Nos 1-4 and 6 if there are interested parties, OFFICE USE ONLY
Complete Nos. 1,2, 3,5.and 0 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-818218
En\Arodyne Laboratories Inc
Houston, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is " 10/28/2021
being filed.
City of Pearland Date Acknowledged:
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.
0920-58
Water, Wastewater and Pretreatment Laboratory Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (chock applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is !„410, t Vjaa „ and my date of birth is k-
lir 1 1'7 7
My address is
(street) (city) (state) (rep code) (dwetry)
I declare urater penalty of perjury that the foregoing is true and correct.
Executed in j'q;, County, State of 9`"''
!,/ .on the , day of Er.
20
(month) (year)
Sognature of thorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission vwtrviLethics.stateAx,us Version V1.L191b5cdc