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R-2015-227 2015-12-07RESOLUTION NO. R2015-227 A Resolution of the City Council of the City of Pearland, Texas, awarding a unit supply contract for the cleaning of potable waterlines with Flowmore Services, in the estimated amount of $50,000 for the period of December 23, 2015 through December 22, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City obtained unit supply bids for the cleaning of potable waterlines. Section 2. That the City Council hereby awards the bid to Flowmore 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 the cleaning of potable waterlines. PASSED, APPROVED and ADOPTED this the 7th day of December, A.D., 2015. ATTEST: APPROVED AS TO FORM: G� DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR •o�Q�RUtio� .'v 00 Bid Events My Profile J Edit Bid Response - 0915-65 •Return *No Bid inDocuments ®Response History ®Bid History •IError Check Response Bid Number 0915-65 (Cleaning of Potable Water Pipelines) Close Date & Time 11/17/2015 2:00:00 PM Central Time Left 18 days 4 hours 2 minutes 43 seconds Response Status NOT SUBMITTED - To complete your response, you must click 'Submit Response' in the Response Submission tab. Event Details Participants Attachments Attributes Line Items Response Attachments Response Submission Bid Line Items ®Save 5°Go to Line XNo Bid Lines ',Error Check # Specification 1 Per Day Fee For Cleaning Multi -Diameter Potable Water Pipelines. 2 Extra Work Rates Per Hour - to be used in the event unplanned circumstances are encountered. 3 Extra Pigs - to be used in the event unplanned circumstances are encountered. Items 1-3 shown of 3 PIPASe Qty UOM Response Extended (S, oa;'Pricej XNo Bid ®Add Notes 1 EA * [ d8?1 rice al Add Notes 1 EA * Pricej Odt /net, f ®Add Notes 1 Cr RESOLUTION NO. R2015-227 Exhitib "A" FLOWMORE SERVICES A W. OF PIPELINE PIGGING PRODUCTS, INC. 11-5-15 ATTACHMENT FOR BID NUMBER 0915-65 (Cleaning of Potable Water Pipelines) 1. Flowmore Services has submitted pricing for work by the day. The amount of piping that can be cleaned in one day is dependent upon water valves, locating these valves, the ability to operate these valves in a timely manner. 2. The amount of pig runs that can be accomplished in one day is dependent upon item number (1) one. 3. Flowmore Services HAS NOT INCLUDED THE COST FOR PIGS INTO OUR DAILY RATE! We do not know if we will be pigging one long line or multiple short lines. WE AVERAGE SIX PIGS PER SECTION TO BE CLEANED. 4. Flowmore Services rates for this contract are based on (8) eight hour days. Anything over (8) eight hours per day constitutes going into an overtime rate of $1,088.00 per hour with a minimum of (4) four hours. 5. Locating valves or obstructions in the pipe would be based on $1,088.00 per hour along with 5170.00 per day for pig tracking equipment and the cost of the pig. Cost of the pigs for pig tracking equipment is as follows: a. 12" B1 swab w/cavity for pig tracking equipment @ $158.00 per pig b. 10" 131 swab w/cavity for pig tracking equipment @ $149.00 per pig c. 8" B1 swab w/cavity for pig tracking equipment @ $135.00 per pig d. 6" BI swab w/cavity for pig tracking equipment @ $124.00 per pig 6. Costs for pigs are as follows: a. 12" B1 swabs @ $53.00 each b. 8" Ell swahs @ 530.00 each c. 4" BI swabs @ $13.00 each NOTE: The 12" B1 swabs are used for all piping ranging from 6" up to 12". 8" Bi swabs can be used to clean 8" through 4" if there is a 4" line sized opening to exit the pig. 4" B1 swabs are used for cleaning 2" through 4" pipe utilizing a 2" Blow off. Respectfully submitted by, TimCleolagan Manager of Field Services Flowmore Services P.O. Box 692005 Hrnustnn. Texas 77269 Bid Events my Profile Edit Bid Response - 0915-65 *Return *No Bid ElDocuments UResponse History ®Bid History #Error Check Response Bid Number 0915-65 (Cleaning of Potable Water Pipelines) Close Date & Time 11/17/2015 2:00:00 PM Central Time Left 11 days 23 hours 18 minutes 12 seconds Response Status NOT SUBMITTED - To complete your response, you must click 'Submit Response' in the Response Submission tab. Event Details Participants Attachments Attributes Line Items Response Attachments Response Submission Bid Attributes Wave #Error Check * Attribute Response 1 Specification Acknowledgement Bidder has reviewed specifications and agrees that their bid adheres fully. If not, bidder will need to provide written explanation of any exceptions. 2 Insurance Requirement * 0 Acknowledgement I have read and agree to the City of Pearland's Contractor Insurance Requirements & Agreement. [Please Select] v 3 Local Bidder Preference * Claim Form Bidder claims Pearland local bidder preference, pursuant to provisions of Local Bidder Preference claim form and Texas Local Government Code, Chapter 271.9051. 4 Conflict of Interest Questionnaire I am submitting a completed and signed copy of the Conflict of Interest Questionnaire. 5 Non -Collusion Statement * ❑ [Please Select] 0 T e... rrrkrnihHnn a of the Contractor Questionnaire. 7 Vendor References I have attached my company's list of references, as required. 8 Cooperative Purchase * Are these items on a cooperative purchasing agreement/contract? If so, please state which agreement and the contract number. 9 Bid Security Bidder understands and has completed the following: Bid Security required by Bid Specifications has been uploaded as an attachment within the E -bid system and, a fully executed, signed and sealed hard copy of the Bid Bond has been delivered to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive, Pearland, Texas, 77581. 10 Normal Business Hours * Please state your normal business hours in which standard hourly rates will apply. 11 Phone Number Please state the phone number that should be called during normal working hours if the City of Pearland requires service. 12 Emergency Phone Numbers Please list the phone numbers that should be called if the City of Pearland requires service after hours, on a weekend, or on a holiday. Please also provide the contact name for each phone number given. * ❑ I agree /'-/A ❑ I have uploaded a copy of my Bid Bond. iv/A Pfic J u L► e RL H c -k yy►.o r t .T3 -=g /! !' (oTtvevsrd-;°r t,);4k * 284- 3•/-79 * @ 28-/-7$2-0026 LuAi f e 83Z-25-0`/5-75, 14 Warranty for Labor/Workmanship Please state your warranty for labor/workmanship. 15 Warranty for Materials/Supplies Please state your warranty for materials/supplies. 16 Company Owned Equipment Is the equipment that is to be used on this project currently owned by your company? 17 Minimum Charge per Cali -Out Do you have a minimum charge per call -out for emergency (after hours) repairs? If so, please state the minimum charge. 18 Service Call/Trip Charge Please indicate if your company charges a service call/trip charge per callout. 19 Service CaII/Trip Charge Amount Please indicate the amount of the service call/trip charge your company charges per callout. Items 1-19 shown of 19 N/ A Iy1A [Please Select] V >les 8,00 *RPlease v /,D©o` M. P stirs, / Pvc/e&.,i/204.0.9 p. d . f -r 41e C2? %P fr.. plvt /arty, /acediopieL vOw) &w I i7S Numbers only, no symbols 1 3519 Liberty Drive Pearland, TX 77581 Fax 281.652.1738 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. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to Bob Pearce, City of Pearland Purchasing Officer, at opea rce(cbpearlandtx. gov. 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 a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. 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 Injury e) Contractual 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 on Contractor's policy and provided 30 day notice of cancellation or material change in coverage. 3. Business Auto Liability to include coverage for a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 City shall be provided 30 day notice of cancellation or material change in coverage. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to Bob Pearce, City of Pearland Purchasing Officer, at opea rce(cbpearlandtx. gov. 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 a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Vendor /7 0l.Olit4Pe i CRS /7' D'A's lop et f Pj peC me P i,7 Ppad,45 Address ?O • t5 c c C T2oo S` I/oUSI, »C 77269 Phone Number 5'%" 3 S/- %% 7, fax Number 2 /- 2 5- Z38-5— Email 38-5— Email Address / ' IV .- (,�f/3c L'O✓`" Bidder (Signature) Position with Company l lAtr/ cr• �`; /J S rv`b'4 S Signature of Company Official Authorizing This Bid /� I Company Official (Printed Name) / 4fr✓" Iii— POij•/ �qT-/ )2AtrVr,1 f:t' iCe S Official Position Yes No / El Contractor Questionnaire 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s) from the undersigned company? 2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six (36) month period? 6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six (36) month period? 7. Does the undersigned company have adequate equipment, personnel and expertise to complete the proposed contract? 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six (36) month period? 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such a contract or subcontract within a ten (10) year period? a Jr 10. Has the undersigned company been convicted of a criminal offense within a ten (10) year period of embezzlement, theft, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? n11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten (10) year period , arising out of submission of bids or proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? if you answered "yes' to Items 1-6 or 8-12 or answered "no" to Item 7, please attach a full explanation to this questionnaire. Company Name: `ot..)fileJtf t't�Vit-eS p/rf/310/Y e / Oret�I; Jr�cs,`rt,y 1y+Ur?�✓`��_ Address: / V b[7�` g?Do �OJs 1a' iL 7-72.,(T 2 T f ! ! Name: / fV" 6:-.e°011(4., A � Title: r/.'Si�,3 l"." CY°V/C�'i (Please Print) (Please Print) As of January 1, 2006, the Texas Local Government Code Chapter 176 requires all vendors and potential vendors who contract or seek to contract for the sale or purchase of property, goods, or services with any local government to complete and submit a Conflict of Interest Questionnaire. In filling out the questionnaire, the following are current City Council members and City employees who may either recommend or approve bid awards. City Council: Mayor Councilmember Councilmember Councilmember Councilmember Councilmember City Staff: City Manager Director of Finance Asst. Director of Finance Purchasing Officer Tom Reid Tony Carbone Derrick Reed Gary Moore Keith Ordeneaux Greg Hill Clay Pearson Claire Bogard Rick Overgaard Bob Pearce This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. vrrR.c Jac vnt_I J Name of person doing business with local governmental entity. Fi/®_ /1^Ol C e✓ di f 5 Date Receved Check this box if you are filing an update to a previously fled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the onginally filed questionnaire becomes incomplete or inaccurate.) 31 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. A7A Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local govemment officer of the local governmental entity that is the subject of this questionnaire. �j� Name of local anvemment officer with whom filer has affiliation or business relationshin. iComolete this section only if the answer to A. 8, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes No B Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local govemmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest zJ REFERENCES Bidder must furnish, with this bid, a list of three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be uploaded with your bid response. �e tfAC-tf% Company Name: Contact: Phone Number: Email Address: Company Name: Contact: Phone Number: Email Address: Company Name: Contact: Phone Number: Peoria, IL Joe Dunn (309) 272-4862 $23,570.27 10/15 TAPANI INC. Cleaning new 4", 14" & 16" sanitary force main Battle Ground, WA Justin Massie (360) 687-1148 $25,805.50 10/15 CITY OF PEARLAND 2 days cleaning multi -diameter potable water piping Pearland, TX Tracy Sambrano (281) 652-1799 $13,014.00 9/15 GV JONES & ASSOCIATES INC. Cleaning 6" HDPE raw water piping approximately 2500' Barrow, AK Greg Jones (907) 346-4123 $20,782.00 9/15 STEVE P RADOS, INC. Cleaning four (3) sections of new 24" HDPE sewer main Santa Ana, CA Les Brown (714) 835-4612 $36,069.32 9/15 CITY OF HUNTSVILLE Cleaning approximately 60,000' of multi -diameter potable water piping Huntsville, TX Steven Nicholas (936) 662-3143 $29,518.00 8/15 CITY OF PEARLAND 5 days cleaning multi -diameter potable water piping Pearland, TX Tracy Sambrano (281) 652-1799 $36,486.00 4/15 ALBEMARLE CORPORATION Pigging 6" fiberglass chemical line approximately 500' Houston, TX Pigging 6" HDPE raw water piping approximately 2500' Barrow, AK Greg Jones (907) 346-4123 $20,782.00 1/15 QUEST INSPAR, LLC Cleaning (4) four section of 20" C.S. X 100' pipe Page, AR Bill Lepola (281) 793-1577 518,378.62 11/14 WRB REFINING LP Cleaning 16" river water header, north in plant header & 1 - 12" lateral at the river Roxana, IL Courtney Tanway (618) 255-2302 545,155.34 10/14 HAYS UTILITY NORTH Cleaning 14", 8", and 6" potable water lines in April Sounds to remove sugar, sand, iron and manganese Montgomery, TX Julio Ojeda (832) 347-4244 56,474.00 10/14 HORSESHOE CONSTRUCTION Cleaning 300' of 24" HDPE La Porte, TX Taylor Jones (281) 478-5477 $4,877.00 10/14 WALKER COUNTY SPECIAL UTILITY DISTRICT Cleaning potable water piping in Holleman Ranch Huntsville, TX $6,026.00 10/14 CLIMAX MOLYBDENUM COMPANY Cleaning approximately 7600' of 14" seep water piping Leadville, Colorado Doug Maclaren (303) 761-4130 Huntsville, TX Kyle Mathews (936) 294-5733 $14,245.00 9/14 PICA Corp (USA) Pigging 1500' of 12" (Phase 1) Columbus, OH Mark Pochodylo (614) 410-3072 $18,384.00 8/14 HORSESHOE CONSTRUCTION INC. Pigging 1000' of 24" and 600' of 16" new construction. La Porte, TX Taylor Jones (281) 478-5477 $6,802.00 8/14 REYTEC CONSTRUCTION RESURCES INC. Cleaning 500' of 36" FRC and 900' of 42" HDPE Houston, TX Tomas Garza (281) 382-2144 $5,498.00 6/14 CITY OF PEARLAND Cleaning of multi diameter potable water piping in the City of Pearland, TX Pearland, TX Julian Kelly (832) 473-7062 $17,127.00 5/14 F.A. WILHELM CONSTRUCTION Mobilization of two man crew, airfare, vehicle, hotel, and per diem Indianapolis, IN Nate Crowell (317) 359-5411 $26,333.56 5/14 JM2 CONSTRUCTION Cleaning a 10" forcemain San Jacinto College Lift station Conroe, TX John Mireles (936) 697-2205 $8,473.00 5/14 CITY OF JERSEYVILLE Cleaning 4000' of 12" PVC pipe from well #3 to treatment plant Jerseyville, IL 4/14 ERIKSEN CONSTRUCTION CO. INC. Cleaning of South Omaha Industrial area Lift Station Blair, NE Jenny Bornhorst (402) 426-3119 $19,959.40 3/14 WRB REFINING LP Cleaning 16" crossover header, 20" river well header, 14" south header & 12" river well laterals Roxana, IL Gill Wood (618) 225-2468 $95,083.94 3/14 ERIKSEN CONSTRUCTION CO. INC. Inspection trip/cleaning/teaching 2 men airfare, hotel, per diem and vehicle rental Blair, NE Jenny Bornhorst (402) 426-3119 $19,000.00 2/14 SI ENVIRONMENTAL LLC Cleaning the 10" treated effluent line approx. 1 mile long Rosenberg, TX Chris Goan (832) 490-1511 $3,535.00 11/13 NORTH AMERICAN SPECIALTY PRODUCTS Dewatering a test section of yelomine fracking pipe Wayne, PA Steven Gross (484) 253-4530 $11,250.00 10/13 ALBEMARLE CORPORATION Cleaning 500' of 6" fiberglass pipe Houston, TX Mike Dillard (281) 291-2241 $9,993.00 9/13 CITY OF HUNTSVILLE Cleaning 2 miles of potable water piping Huntsville, TX t,. ••.,._1_ /411, e41 91 A'1 8/13 HORSESHOE CONSTRUCTION INC. Cleaning 6500' of 8" HDPE & PVC La Porte, TX M.E. Hoppel (281) 478-5477 $3,857.00 6/13 WATER DISTRICT MANAGEMENT Cleaning Preston Woods potable water piping Spring, TX Josh Rowe (281) 733-8875 $4,346.00 6/13 LAKE OF THE PINES TO WELSH POWER PLANT Cleaning 16 miles of raw water piping Canton, OH Greg Carter (903) 746-4585 $18,146.82 5/13 CITY OF TALLAHASSEE Cleaning of approx. 17 miles of potable water distribution pipe Tallahassee, FL David Roberts (850) 891-6191 $184,455.00 5/13 TRINITY RIVER AUTHORITY Cleaning approx. 4.5 miles of 36 x 30 raw water piping Huntsville, TX Keith Bass (936) 295-9388 $14,898.00 4/13 GARRET MECHANICAL, INC. Cleaning 2000' of 24" chilled water piping Bryan, TX Jeremy Hobson (515) 419-1030 $56,744.00 4/13 TOWN OF COWARTS Cleaning approx. 10 miles of 6" PVC Cowarts, AL Roger (334) 792-8920 3/13 WKti KLr11N11Vti LY Cleaning 16" river well header at Conoco Phillips WRB refining LLC Bartlesville, OK Darryl Randle (618) 255-2106 $40,595.85 10/12 HAYES UTILITY NORTH Cleaning approx. 2500' of 12" D.I. potable water piping Montgomery, TX Julio Ojeda (832) 347-4244 $3,500 • b.V ss 1s1 V 11 I %.,0 a.. 11 V 1 .J `.J A DIV. OF PIPELINE PIGGING PRODUCTS, INC. SUBJECT: EXPERIENCE MODIFICATION RATE FOR: FLOWMORE SERVICES AND PIPELINE PIGGING PRODUCTS, INC. TO WHOM IT MAY CONCERN: THE EXPERIENCE MODIFICATION RATES FOR THE PAST THREE YEARS ARE AS FOLLOWS: JULY 15, 2013 THRU JULY 15, 2014 .79 JULY 15, 2014 THRU JULY 15, 2015 .78 JULY 15, 2015 THRU JULY 15, 2016 .74 City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract Resolution No. R2015-227 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. 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: Flowmore Services PO Box 692005 Houston, TX 77269 Contractor will perform the cleaning of potable waterlines, per the specifications of City of Pearland bid # 0915-65; City Council Resolution #R2015-227. Unit Supply Contract, Estimated at $50,000. December 23, 2015. December 22, 2016. Two (2) one-year renewal options available, upon mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF P,EARLAND* Purc asi �-��_• icer 'Wis Date STned by: Date: 114.-144-I$ .City Manager Assistant City Manager Director Program Manager *Contract Signature Authority: CONTRA TOR Title: Date: 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 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 #0915-65 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 on the attached. EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services provided shall consist of performing the cleaning of potable waterlines, per the specifications of City of Pearland bid # 0915-65; City Council Resolution #R2015-227. Pricing as follows per contractor's response to the same, as listed below: Description UOM Unit Per Day Fee For Cleaning Multi -Diameter Potable Water Pipelines Day $5,800 Extra Work Rates Per Hour — to be used in the event unplanned circumstances are encountered; Min. four (4) Hours Each $1,088 Pig Tracking Equipment Day $170 Pigs for Tracking Equipment: 12" B1 swab w/cavity for pig tracking equipment $158 10" B1 swab w/cavity for pig tracking equipment $149 8" B1 swab w/cavity for pig tracking equipment $135 6" B1 swab w/cavity for pig tracking equipment Each $124 Pigs 12" B1 swab $53 8" B1 swab $30 4" B1 swab Each $13