R2023-306 2023-12-18RESOLUTION NO. R2023-306
A Resolution of the City Council of the City of Pearland, Texas, renewing a
unit price contract for utility chemicals with DXI Industries, in the estimated
amount of $216,000.00, for the period of January 24, 2024 through January 23,
2025.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously solicited bids for utility chemicals.
Section 2. That the City Council hereby renews a unit supply contract with DXI
Industries, in the unit supply amount shown on Exhibit “A”, attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for utility chemicals.
PASSED, APPROVED and ADOPTED this the 18th day of December, A.D., 2023.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 17BC642A-7070-4646-8D8B-B9C5E63D13A3
RFP#1022-16 - Water Chemical and Supply Analysis
Item Description UOM EST QTY DXI G2O Hawkins Polydyne PVS
International
Dioxide Univar Plants
1 Liquid Polyphosphate Blend Gallon 10000 15.5 WP
2 Zinc Orthophosphate Gallon 200 12.5 WP
3 Sodium Hypochlorite 12.5%. Enter a price per gallon for a truckload. Gallon 250000 2.05 1.95 WW
4 Sodium Hypochlorite 12.5%. Enter a price per gallon for LESS than a
truckload.Gallon 500000 2.95 3.5 2.7 3.14 SW/WP
5 Liquid Ammonium Sulfate. Enter a price per gallon for a truckload. Gallon 130000 3 2.63 SW
6 Liquid Ammonium Sulfate. Enter a price per gallon for LESS than a
truckload.Gallon 130000 3.95 2.94 WP
7 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for a
truckload.Gallon 185000 2.12 WW
8 Liquid Sodium Bisulfite, 40% Solution. Enter a price per gallon for
LESS than a truckload.Gallon 185000 3.5 3.26 WW
9 Liquid Sodium Bisulfite, 40% Solution. Enter a price per 55 gallon
drum.Each 10 275 282.9 SW
10 Citric Acid, 50% Solution. Enter a price per gallon for a truckload. Gallon 300 14
11 Citric Acid, 50% Solution. Enter a price per gallon for LESS than a
truckload.Gallon 300 15 SW
12 Sulfuric Acid, 93% Solution. Enter a price per gallon for a truckload. Gallon 200 8
13 Sulfuric Acid, 93% Solution. Enter a price per gallon for LESS than a
truckload.Gallon 200 9.5 SW
14 Liquid Sodium Hydroxide, 25% Solution. Enter a price per gallon for a
truckload.Gallon 20000 3 1.5857 SW
15 Liquid Sodium Hydroxide, 25% Solution. Enter a price per gallon for
LESS than a truckload.Gallon 20000 4 2.2
16 Liquid Sodium Chlorite, 25% Solution. Enter a price per gallon for a
truckload.Gallon 10000 6.58 8.6 SW
17 Liquid Sodium Chlorite, 25% Solution. Enter a price per gallon for LESS
than a truckload.Gallon 10000
18 Aluminum Chlorohydrate. Enter a price per gallon for a truckload. Gallon 125000 4.67 5.55 SW
19 Aluminum Chlorohydrate. Enter a price per gallon for LESS than a
truckload.Gallon 125000 4.78 7.75 SW
20 Chlorine Gas. Enter a price per pound for a 1 ton cylinder. Pound 150000 1.2247 SW
21 Chlorine Gas. Enter a price per pound for a 150 pound cylinder. Pound 25000 1.7328 WW/WP
22
Clarifloc CE 2374 or approved equal. Enter a price per gallon for a
truckload. Offer is in price per gallon for 55 Gal. Drums filled to 450
Lbs. Density conversion factor: 8.6 Lbs/Gallon
Gallon 7000 14.104 WW
23
Clarifloc CE 2374 or approved equal. Enter a price per gallon for LESS
a truckload. Offer is in price per gallon for 275 Gallon Totes filled to
2,300 Lbs. Density conversion factor: 8.6 Lbs/Gallon
Gallon 7000 14.104 WW
24 Claricloc A-210P or approved equal. Enter a price per gallon for a
truckload. Offer is in price per gallon for 275 Gallon Totes filled to Gallon 7000 37.4
25
Clarifloc A-210P or approved equal. Enter a price per gallon for LESS
a truckload. Offer is in price per gallon for minimum 2,000 gallon LTL
bulk. Density conversion factor: 8.8 Lbs/Gallon
Gallon 7000 14.08 SW
26 Periodic Water Analysis on well water/distribution systems Each 12
City of Pearland
3519 Liberty Drive
Peorlond,TX77581
SUPPLYCONTRACT NO.RFP1022-16D
WATERTREATMENTCHEMICALSAND SUPPLYSE
RV
IC
ES
THIS Contract ("Contract )is entered into by and between the City of Pearland,Te
xa
s
home-
rule municipal corporation (“City”)and DXI Industries Inc ("Contractor"),and consisting thefollowi
ngparts:
I.Summary of Contract Terms
ll.Signatures
Ill.Standard Contractual Provisions
IV.Special Terms and Conditions
V.Additional Contract Attachments
I.Summary of Contract Terms.
Contractor:DXIIndustries,Inc
1919 Jacintoport Blvd
Houston TX 77015
Description of Supplies.Water Treatment Chemical and Supply Services
Contract Amount:$216,000.00
Effective Date:January 24,2024
End Date:January 23,2025
Renewals:1
Resolution No/Bid No:R2023-306;RFP #1022-16
II.Signatures
CITY OF PEARLAND CONTRACTOR
Purchasing Officer D
at
e
Title:
Date:
*Signed by:D
at
e:
SuperintendentIManager
_Director
_DeputyIAssistant City Man
ager
:
City Manager
‘City Contract Signature Authority —upto$10,000
-$10,001—$30,000
Man
ager
/
Dep
uty/
Assi
stan
t
CityManager-$30,001+
Cou
ncil
Resolutionover$50,000
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III.Standard Contract Provisions
WHEREAS,Contractor has bid to provide supplies ("Supplies”)in response to RFP #1022-16
(“Solicitation”),which Solicitation includes the required scope of work and all speci?cations and
which Solicitation and the Contractor's bid or proposal response,as applicable,are incorporated by
reference in this Contract as Exhibits 1 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 period (“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 $216,000.00,
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
Email:accountsgayab|e@pear|andtx.gov
4.Contract Administrator.The Contract Administrator designated by the City is responsible
Administrator for this Contract is as follows:Name:TAMMYSUE AKIFDepartment:UTILITIESPhone:281.652.1826Email:takif@pearlandtx.gov5.Insurance;Bonds.(A)Before performance can begin under this Contract,the Contractor must deliver aCerti?cate of Insurance (“COI”),as proof of the required insurance coverages,to theContractAdministrator.Additionally,the COI must state that the City shall be providedSupplyContractStandardFormPage2of6ApprovedasIoLegalForm6.28.202l DocuSign Envelope ID: 52EC38EE-0FD5-413A-ADB2-D9F833594CBB
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)l 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.
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,?t 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.
requirements nor do the estimates restrict the City from ordering less than its actual needsduringthetermoftheContractincludinganyOptionPeriod.Substitutions and deviations fromtheCity's product requirements or speci?cations are prohibited without the prior writtenapprovaloftheContractAdministrator.10.Non-Appropriation.The continuation of this Contract after the close of any ?scal year of theCity,which ?scal year ends on September 30th annually,is subject to appropriations andbudgetapprovalspeci?cally covering this Contract as an expenditure in said budget,and it iswithinthesolediscretionoftheCity's City Council to determine whether or not to fund thisContract.The City does not represent that this budget item will be adopted,as saiddeterminationiswithintheCityCouncil's sole discretion when adopting each budget.11.Independent Contractor.Contractor shall perform all work required by this Contract as anSupplyContractStandardFormpage3of6ApprovedastoLegalForm6.28.202l DocuSign Envelope ID: 52EC38EE-0FD5-413A-ADB2-D9F833594CBB
12.
13.
14.
15.
16.
17.Supply Contract Standard Form
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.
Amendments.This Contract may be amended or modi?ed only in writing and executed by
authorized representatives of both parties.
Waiver.No waiver by either party of any breach of any term or condition of this Contract
waives any subsequent breach of the same.
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.
Notice.Any notice required under this Contract must be given by hand delivery,or certi?ed
mail,postage prepaid,and is deemed received on the day hand-delivered or on the third day
after postmark if sent by certi?ed mail.Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn:SHAUN GILMORE
Title:SURFACE WATER TREATMENTPLANTMANAGER
Address:2016 OLD ALVINROAD,PEARLAND,TX 77581
Phone:281.652.1961
IF TO CONTRACTOR:
DXI INDUSTRIES,INC
Attn:JANEL BAKK
Title:TERRITORY MANAGER
Address:1919 JACINTOPORT BLVD.,HOUSTON,TX 77015
Phone:281.457.4848
Liability and Indemnity.ANY PROVISION OF ANY ATTACHED CONTRACT
DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR
RELEASES THE CONTRACTOR FROM LIABILITYTO THE CITYFOR 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
CITY PROVIDES OTHERWISE,EACH PARTY TO THIS CONTRACT ISRESPONSIBLEFORDEFENDINGAGAINSTANDLIABLEFORPAYINGANYCLAIM,SUIT,OR JUDGMENTFOR DAMAGES,LOSS,OR COSTS ARISING FROMTHATPARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OFTHISCONTRACTINACCORDANCEWITHAPPLICABLELAW.THIS PROVISIONDOESNOTAFFECTTHERIGHTOFEITHERPARTYTOTHISCONTRACTWHOISSUEDBYATHIRDPARTYFORACTSOROMISSIONSARISINGFROMTHISCONTRACTTOBRINGINTHEOTHERPARTYTOTHISCONTRACTASATHIRD-PARTY DEFENDANT AS ALLOWED BY LAW.Dispute Resolution Procedures.The Contractor and City desire an expeditious means toresolveanydisputesthatmayarisebetweenthemregardingthisContract.If either partyPage4of6ApprovedastoLegalForm6.28.2021 DocuSign Envelope ID: 52EC38EE-0FD5-413A-ADB2-D9F833594CBB
18.
19.
20.
21.
22.
24.Supply Contract Standard Form
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 willeach pay one-half
of the mediator’s fees.
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.
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 tenns.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 speci?ed
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.
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 ?nal payment by
the City.
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.
Assignment.No assignment of this Contract by the Contractor,or of any right or interest
contained herein,is effective unless the City Manager ?rst 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.
applicable law,such invalidity shall not impair the operation of nor affect those portions of thisContractthatarevalid,but this Contract shall be construed and enforced in all respects as iftheinvalidorunenforceableprovisionorparthadbeenomitted.Order of Precedence.In the event of any con?icts or inconsistencies between this Contract,its attachments,and exhibits,such con?icts and inconsistencies will be resolved by referencetothedocumentsinthefollowingorderofpriority:Page 5 of 6ApprovedastoLegalForm6.28.2021 DocuSign Envelope ID: 52EC38EE-0FD5-413A-ADB2-D9F833594CBB
IV.
25.
26.
27.
28.
29.
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).
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 “Certi?cate of
interested Parties"as part of this Contract if required by said statute for items approved by
City Council.
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,orjustice court in and for Brazoria County,Texas.
H.B.89.In accordance with Chapter 2270 of the Texas Government Code,the signatory
executing this contract on behalf of company veri?es 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.
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.
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.
Special Terms and Conditions.None.
Additional Contract Documents
Attached and Incorporated by Reference:
Attachment B:Bid/Pricing ScheduleAttachmentC:Insurance and Bond RequirementsAttachmentD:Warranty RequirementsIncorporatedbyReferenceOnly:Exhibit 1:RFP #1022-16Exhibit2:Contractor's Bid/Proposal Response
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ATTA
CHM
ENT
A—SCOPEOFWORK
The scope of contract thevendortosupplyanddeliver150-poundcylinderstoapplicable
WRFs and Water Prod
ucti
on
sitesonanasneededbasisthroughoutthecontractperiodofone(1)
year.The scope of cont
ract
requi
res
thevendortosupplyanddeliverone(1)toncylinderstotheSWTP
on an as needed basist
hroug
hout
thecontractperiodofone(1)year.Allemptycylinderswillbepicked
up by the vendor durin
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offullcylinders.DocuSign Envelope ID: 52EC38EE-0FD5-413A-ADB2-D9F833594CBB
Chlorin
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Gas.Enterapriceperpoundfora1toncylinder.150000$000,000.00
$43,320.00Chlorin
e
Gas.Enterapriceperpoundfora150poundcylinder.
AT
TA
CH
ME
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B—BIDIPRICINGSCHEDULE
RFP Number 1022-16
Title WaterTreat
ment
Chemi
cals
andSuppliesServicesDXIIndustriesIncT4:
Unlt
QTY(nottoExtended
execs
D
os
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lp
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U
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Contractor Insurance Requirements &Agreement
Contractors performing work on City property or public right-of-way for the City of Pearland shall prov de the City a
certi?cate 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‘
AI insurance companies and coverages must be author‘zed 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 requ re
additional types and amounts of coverages or provisions depending on the nature of the work
TYPEor INSURANCE AMOUNTor INSURANCE PROVISIONS
1.Workers‘Compensation Statutory Limits For WC CGL,and BAL the City s
Employers‘Liability(WC $1,000,000 per occurrence to be provided a WAIVER OF
SUBROGATION.
2 Commercial General (Public Personal Injury -$1,000,000 per -
Liability(CGL)to include coverage person;Property Damage -E‘.JG;":::|?r::|:rEc'g:‘(;%e,gLs:1da3so_
for:$1,000,000 per occurrence;day notice of cancellation or material:5:::g(1l|:teslSég'|.3nEpl’I:::)';ISGeneralAggregate $2,000,000 change in covemge‘
°9°'3“°“5 wc CGL and BAL City shall bec)Independent Contractors provided 3o_day "oboe0,d)Pers°"a''"i”'y cancellation or material change ine)Contractual Liability coverage.
3.Business Auto Liability (BAL)to Combined Single Limit
include coverage for’$1,000,000 CGL will include a non-contributory
a)OwnedILeased vehicles addendum.
b)Non—ownedvehicles
c)Hired vehicles
Ifthe contract involves a professional service,the contractor willalso be required to provide the City with professional
liability insurance in an amount of at least 51 000,000
Certi?cate of Insurance forms may be emailed to Purchasing Department at rl .Questions
regarding required insurance should be directed to City of Pearland Purchasing Department a
ebids@gearlandtx.gov.
This form must be signed and returned with your bidlquotation You are stating that you do havethe required
evidence of required Insurance.AgreementIagreetoprovide the above described insurance coverages within 10 working days if selected to perform work fortheCityofPearandIalsoagreetoprovidetheCityevidenceofnsurancecoverageonanyandallsubcontractorsperformingworkontheproject‘Projei:tIBld ItCompany:signature and PrIntedName:
ATTACHMEN
T
C—INSU
RAN
CE
REQUIREMENTS
PurchasingDepartment
City of P
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d
2816521775
.__@2j.q_3519 “Deny Dri
ve
ebldsearladtxv
Pearland TX 775
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ATTACHMENTD—WARRANTY
Items or se
rv
ic
es
shallconformtotheproposedspecificationsandallwarrantiesasstatedintheUniform
Commercia
l
andbefreefromalldefectsinmaterial,workmanshipandtitle.DocuSign Envelope ID: 52EC38EE-0FD5-413A-ADB2-D9F833594CBB