R-2015-154 2015-09-14RESOLUTION NO. R2015-154
A Resolution of the City Council of the City of Pearland, Texas,
awarding a bid for water and wastewater testing services to Eastex
Environmental Laboratory, Inc. in the estimated amount of $140,000.00
for the period of September 16, 2015 through September 15, 2016.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City recently opened bids for water treatment chemicals and
water analysis services. and such bids were reviewed and tabulated.
Section 2. That the City Council hereby awards a bid to Eastex Environmental
Laboratory, Inc.. at the unit costs reflected on Exhibit "A" attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for water and wastewater testing services.
PASSED. APPROVED and ADOPTED this the 14'h day of September. A.D.. 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Resolution No. R2015-154
Bid Tabulation: Water and Wastewater Laboratory Services
Bid Opening Date: Tuesday, August 5, 2014
Bid Number: 0714-49
Eastex Environmental
Laboratory, Inc
Envirodyne Laboratoties, Inc.
TTI Environmental Laboratories,
LLC.
Ana -Lab Corporation
Est.
Line Description UOM Qty
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
1
BIOCHEMICAL OXYGEN
DEMAND, 5 DAY (8005)
EA
720
510.00
57,200.00
516.00
511,520.00
520.00
514,400.00
520.00
514,400.00
2
CARBONACEOUS BIOLOGICAL
OXYGEN DEMAND, 5 DAY
(C80D5)
EA
600
510.00
56,000.00
517.00
510,200.00
520.00
512,000.00
520.00
$12,000.00
3
E. COLI (COLONIES PER 100
ML)
EA
960
58.00
57,680.00
$25.00
524,000.00
520.00
519,200.00
535.00
533,600.00
4
FECAL COLIFORMS
(COLONIES PER 100 ML)
EA
120
$8.00
5960.00
522.50
52,700.00
520.00
52,400.00
535.00
54,200.00
5
MICROSCOPIC EVALUATION
(MICRO)
EA
1000
56.00
56,000.00
525.00
525,000.00
$20.00
520,000.00
590.00
590,000.00
6
MIXED LIQUOR SUSPENDED
SOLIDS(MLSS)
EA
1000
$5.00
55,000.00
510.00
510,000.00
515.00
515,000.00
525.00
525,000.00
7
MIXED LIQUOR VOLATILE
SUSPENDED SOLIDS (MLVSS)
EA
1000
54.00
54,000.00
$5.00
55,000.00
520.00
520,000.00
545.00
545,000.00
8
AMMONIA NITROGEN
(NH3N)
EA
1100
57.00
$7,700.00
515.00
516,500.00
515.00
516,500.00
525.00
527,500.00
9
PAINT FILTER
EA
4
$15.00
560.00
510.00
$40.00
510.00
540.00
513.00
552.00
10
TOXICITY CHARACTERISTIC
LEACHATE PROCEDURE
(TCLP)
EA
5
5500.00
52,500.00
5750.00
$3,750.00
520.00
5100.00
51,008.00
55,04000
11
PCB
EA
5
575.00
5375.00
590.00
5450.00
550.00
5250.00
5108.00
5540.00
12
% SOLID
EA
600
55.00
53,000.00
510.00
56,000.00
55.00
53,000.00
513.00
57,800.00
13
TOTAL SUSPENDED SOLIDS
(TSS)
EA
1350
55.00
56,750.00
510.00
$13,500.00
515.00
520,250.00
520.00
527,000.00
Eastex Environmental
laboratory, Inc
Envirodyne Laboratoties, Inc.
TTI Environmental Laboratories,
LLC.
Ana -Lab Corporation
Est.
Line Description UOM Qty
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
14
TOTAL COLIFORM (POTABLE
WATER)
EA
2200
59.00
519,800.00
510.00
522,000.00
520.00
544,000.00
527.00
559.400.00
15
HEAVY METALS/METAL
EA
10
550.00
5500.00
5125.00
51,250.00
55.00
550.00
5143.00
51,430.00
16
TOTAL HYDROCARBONS
EA
6
540.00
5240.00
555.00
5330.00
535.00
5210.00
544.00
5264.00
17
POLLUTANT SCAN
EA
4
$500.00
52,000.00
5225.00
5900.00
5400.00
51,600.00
51,474.00
$5,896.00
18
IRON AND MANGANESE
EA
26
524.00
$624.00
520.00
5520.00
$20.00
5520.00
542.00
51.092.00
19
TOTAL DISSOLVED SOLIDS
(TDS) AND CHLORIDES
EA
12
518.00
5216.00
525.00
5300.00
535.00
5420.00
542.00
5504.00
Total
580,605.00
5153,960.00
$189,940.00
$360,718.00
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
Resolution No. R2015-154
Exhibit "A"
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 .
II.
III.
IV
V.
Summary of Contract Terms
Signatures
Standard Contractual Provisions
Special Terms and Conditions
Additional Contract Attachments
I. Summary of Contract Terms.
Contractor:
Description of Services:
Effective Date:
Termination Date:
Renewal:
Eastex Environmental Laboratory, Inc.
P.O. Box 1089
Coldspring, TX 77331
Water and Wastewater Laboratory Services in accordance with
specifications of City of Pearland Bid #0714-49; City Council
Resolution #R2015-154, in the estimated amount of $140.000
September 16, 2015
September 15. 2016
Exercising renewal one (1) of two (2) one-year renewals allowed
upon mutual agreement of both parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF ' RLA
dby::r: Oq.2,3•I
City Ma ager
Assistant City Manager
Director
Program Manager
*Contract Signature Authority:
CONTRACTOR:
d -g l
Title: /3us, t' Mb4,,er
Date: q-/ 7-;O/S
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+
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 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.
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.
1. 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 #0714-49 shall be construed as additional contract
documents.
B. City's Additional Contract Documents:
1. City standard insurance requirements.
2. Scope of Services, Exhibit A.
Exhibit A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of conducting water and wastewater laboratory services as
needed for the City of Pearland Bid #0714-49 and Contractor's response to the same, as listed
below:
Line
Description
UOM
Est Qty
Unit
1
BIOCHEMICAL OXYGEN DEMAND, 5 DAY
(BODS)
EA
720
$10.00
2
CARBONACEOUS BIOLOGICAL OXYGEN
DEMAND, 5 DAY (CBOD5)
EA
600
$10.00
3
E. COLI (COLONIES PER 100 ML)
EA
960
$8.00
4
FECAL COLIFORMS (COLONIES PER 100 ML)
EA
120
$8.00
5
MICROSCOPIC EVALUATION (MICRO)
EA
1000
$6.00
6
7
MIXED LIQUOR SUSPENDED SOLIDS (MISS)
EA
1000
$5.00
MIXED LIQUOR VOLATILE SUSPENDED
SOLIDS (MLVSS)
EA
1000
$4.00
8
AMMONIA NITROGEN (NH3N)
EA
1100
$7.00
9
PAINT FILTER
EA
4
$15.00
10
11
TOXICITY CHARACTERISTIC LEACHATE
PROCEDURE (TCLP)
EA
5
$500.00
PCB
EA
5
$75.00
12
% SOLID
Ems_
600
$5.00
13
TOTAL SUSPENDED SOLIDS (TSS)
EA
1350
$5.00
14
TOTAL COLIFORM (POTABLE WATER)
EA
2200
$9.00
15
HEAVY METALS/METAL
EA
10
$50.00
16
TOTAL HYDROCARBONS
EA
6
$40.00
17
POLLUTANT SCAN
EA
4
$500.00
18
IRON AND MANGANESE
EA
26
$24.00
19
TOTAL DISSOLVED SOLIDS (TDS) AND
CHLORIDES
EA
12
$18.00