R-2015-216 2015-11-23RESOLUTION NO. R2015-216
A Resolution of the City Council of the City of Pearland, Texas, awarding a bid
for construction services associated with the Garden Road Water Well
Rehabilitation Project to O'Day Drilling Company, in the amount of $63,796.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction services associated with the
Garden Road Water Well Rehabilitation Project, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to O'Day Drilling Company, in the
amount of $63,796.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for construction services associated with the Garden Road Water Well Rehabilitation Project.
PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2015.
ATTEST:
h.
MARIA E. RODRIGUEZ
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
1011
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Resolution No. R2015-216
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:
O'Day Drilling Company Inc.
5923 Louisiana Street
Rosharon, TX 77583
Contractor will perform the cleaning/disinfecting of the well and
repair the American Turbine 12H150-5 stage pump located on
Garden Road, per the specifications of City of Pearland bid # 1016-
02; City Council Resolution #R2015-216.
$63,796
November 25, 2015.
February 29, 2016.
None contemplated at this time.
11. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF P ' LAND*
Purc
ate
by: D
City M. ager
Assistant City Manager
Director
Program Manager
`Contract Signature Authority:
CONTRACTOR:
Title: e
Date: / 3,:
Program 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+
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 fumish 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 Goveminq 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 attomey'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 #1016-02 shall be construed as additional contract
documents.
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificates] shall be in possession of City at actual commencement of work).
3. Performance and Payment Bonds, each in the amount of $63,796.
8. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of performing the cleaning/disinfecting of the well and repair of
the American Turbine 12H150-5 stage pump located on Garden Road, per the specifications of Bid #
1016-02.
Pricing as follows per contractor's response to the same, as listed below:
Line Description UOM QTY
Unit
Extended
1
Replace pump bowl assembly, 1300
GPM at 310' TDH
EA
1
$6,500.00
$6,500.00
2
Replace 400' of 10" x 2-1/2" x 1 -
11/16" Column Assembly With
Suction and Strainer
EA
1
$26,456.00
$26,456.00
3
Lubrication Kit
EA
EA
1
$225.00
$225.00
4
5
Replace Tension Bearing and 0
Rini
1
$875.00
$875.00
Replace 405' 1/4" Stainless Steel Air
Line W/Kit
EA
1
$2,300.00
$2,308.00
6
Replace 1-11/16" Motor Drive Shaft
EA
1
$200.00
$200.00
7
Pum • Oil
GAL
30
$30.00
$900.00
8
Sandblast, Prime and Coat
Discha .e Head
EA
1
$1,200.00
$1,200.00
9
10
Shop Labor
HR
1
$65.00
$65.00
Machine Labor
HR
1
$125.00
$125.00
11
Load Pump, Transport to Site, and
Reset Pumping Equipment
Lot
1
$5,750.00
$5,750.00
12
Startup Test, and Bacteriological
Sam • ling
Lot
EA
1
$2,200.00
$2,200.00
13
Well Maintenance - Clean and
Disinfect
_
1
$7,500.00
$7,500.00
1 14
Well Maintenance - Remove Fill
EA
1
$7,500.00
$7,500.00
15
Well Maintenance - Camera Survey
at Completion
EA
1
$2,000.00
$2,000.00
Total
$63,796.00