R-2015-202 2015-11-09RESOLUTION NO. R2015-202
A Resolution of the City Council of the City of Pearland, Texas,
renewing a unit supply bid for waste water polymer with Fort Bend
Services at a unit cost of $571.50 per drum, in the estimated amount of
$115,000.00 beginning November 15, 2015 through November 14, 2016.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City awarded a bid for waste water polymer services, and
such bids have been reviewed and tabulated.
Section 2. That the City Council hereby renews a bid for waste water polymer
services with Fort Bend Services 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
supply contract for waste water polymer services.
PASSED, APPROVED and ADOPTED this the 9th day of November, A.D., 2015.
ATTEST:
Yui NGL. FI
• SEC' TARY
ti
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
``001111114,'
Bid No. 0914-64 - Annual Contract for Polymers
Closing Date: October 28, 2014
Prior Contract Pricing
Resolution No. R2015-202
Exhibit "A"
Award Price
Line
Description
UOM
QTY
Unit
Extended
Unit
Extended
1
Polymer, in 55 gallon
drums
DRUMS
200
$571.50
$114,300.00
$571.50
$114,300.00
Total
$114,300.00
$114,300.00
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Resolution No. R2015-202
Exhibit "A"
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 Amount:
Effective Date:
Termination Date:
Renewal:
Fort Bend Services, Inc.
PO Box 1688
Stafford, TX 77497-1688
Contractor will provide wastewater polymers, per the specifications
of City of Pearland bid #0914-64; City Council Resolution #R2015-
202.
Unit Supply Contract, Estimated at $115,000
11/15/2015
11/14/2016
First of two renewal options.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PE LAND*
Purchfficer
Sigma by: Da
City Manager
Assistant City Manager
Director
Proaram Manager
1/1S
Date
*Contract Signature Authority:
CO
RACT
Title.
Date:
IANt0 JA -Imps
1�1 o Uev r 13,E16
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+
I11. 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.
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 #0914-64 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 below.
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of providing wastewater polymers, per the specifications of City of
Pearland Bid #0914-64. Pricing: $571.50 per 55 gallon drum.
CONTRACTOR INSURANCE REQUIREMENTS & AGREEMENT
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
. Workers' Compensation
Employers' Liability
Statutory Limits
$100,000 per occurrence
City to be provided a WAIVER OF
SUBROGATION and 30 day notice
of cancellation or material change in
coverage.
2. Commercial General (Public)
Liability to include coverage for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent Contractors
d) Personal lnjury
Liability.
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence ; General
Aggregate - $1,000,000
City to be listed as additional
insured and provided 30 day
notice of cancellation or material
change in coverage.
.)_Contractual
ube
3. Business Auto Liability to include
coverage for:
a) Owned/Leased vehicles
b) Non -owned vehicles
e) Hired vehicles
Combined Single Limit - $1,000,000
City shall provided 30 day
notice of cancellation or material
change in coverage.
Certificate of Insurance forms may be faxed to Purchasing Department, attn: Trish Erndt, @ 281-652-1738, phone 281-652-
1790. Questions regarding required insurance should be directed to Bob Pearce, City ofPearland Purchasing Officer, (281)
652-1668.
This form must be signed and returned with your quotation. You are stating that you do have the required insurance and if
selected to perform work for the City, will provide the certificates of insurance with the above requirements to the City. A
PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE.
AGREEMENT
1 agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City
ofPearland. 1 also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work
on the project.
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Date: ((b itembtr t 31--O/5