R2017-239 2017-11-13RESOLUTION NO. R2017-239
A Resolution of the City Council of the City of Pearland, Texas, renewing a unit
supply bid for fire apparatus & preventative maintenance and repairs to
Siddons-Martin Emergency Group, in the estimated amount of $60,000.00,
beginning November 24, 2017 and ending November 24, 2018.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a supply contract bid for fire apparatus &
preventative maintenance and repairs.
Section 2. That the City Council hereby renews a contract with Siddons-Martin
Emergency Group, 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 contract
for fire apparatus & preventative maintenance and repairs.
PASSED, APPROVED and ADOPTED this the 13th day of November, A.D., 2017.
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DE RI REED
MAYOR PRO -TEM
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Bid No. 1016-01
Title Fire Apparatus Preventative Maintenance and Repair
Line Items
Siddons Martin
Emergency
Group
Metro Fire
Apparatus
Specialists, Inc.
Line Description UOM QTY
Unit
Unit
1
Preventative maintenance on TM 114: 2009 Ford Super
Duty 550 Waterous 250gpm 300 -gallon tank capacity, with
40 gal class B foam tank
EA
1
$800.00
$2,200.00
2
Preventative maintenance on TH 120: 2001 E -One
Metropolitan 75' Quint with a Cummins 400hp, ISM400
diesel engine, Allison HD4060P transmission, Hale 2000
gpm, QMAX-200 mid -ship pump with foam
EA
1
$1,295.00*
3
Aerial preventative maintenance on TH 120: 2001 E -One
Metropolitan 75' Quint with a Cummins 400hp, ISM400
diesel engine, Allison HD4060P transmission, Hale 2000
gpm, QMAX-200 mid -ship pump with foam
EA
1
$1,425.00
4
Preventative maintenance on TH 131: 2004 US
Tanker/Spartan Gladiator tanker with Cummins 450hp, ISM
diesel engine, Allison EVS400P transmission, Hale 1500
gpm, QMAX mid -ship pump
EA
1
$1,295.00*
$4,600.00
5
Preventative maintenance on TH 133: 2006 Spartan with
Cummins 400hp, ISL diesel engine, Allison 3000
transmission, Hale 1500 gpm, QMAX150-23L mid -ship
pump with CAFS
EA
1
$1,295.00*
$4,600.00
6
Preventative maintenance on I H 13/: 2009 Spartan
pumper with a Cummins 400hp, ISL diesel engine, Allison
3000 transmission, Hale 1500 gpm, QMAX150-23L mid -
ship pump with CAFS
EA
1
$1,295.00*
$4,600.00
7
Preventative maintenance on TH 138: 2010 Spartan
pumper with a Cummins 400hp, ISL diesel engine, Allison
3000 EVSP transmission, Hale 1500 gpm, QMAX150-23L
mid -ship pump
EA
1
$1,295.00*
$4,600.00
8
Preventative maintenance on TH 140: 2011 Spartan
pumper with a Cummins 400hp, ISL diesel engine, Allison
3000 EVSP transmission, Hale 1500 gpm, QMAX150-23L
mid -ship pump
EA
1
$1,295.00*
$4,600.00
9
Preventative maintenance on TH 141: 2013 Spartan ERV
pumper with a Cummins ISL 450 engine, Allison 3000 EVS
transmission, Hale QMAX 1500 gpm pump
EA
1
$1,295.00*
$4,600.00
10
Preventative maintenance on I H 142: 2013 Fierce Impel
Pumper, Hale QMAX 1500gpm pump, Cummins 450hp
ISL9, Allison Gen IV 3000 EVS-P
EA
1
$1,295.00 *
Resolution No. R2017-239
Exhibit "A"
Siddons Martin
Emergency
Group
Metro Fire
Apparatus
Specialists, Inc.
Line Items
Line Description UOM QTY
Unit
Unit
11
Preventative maintenance on TH 143: 2013 Pierce Impel
75' Ladder, Hale QMAX 1500gpm pump, Cummins 450hp
ISL9, Allison Gen IV 3000 EVS-P
EA
1
$1,295.00*
12
Aerial preventative maintenance on TH 143: 2013 Pierce
Impel 75' Ladder, Hale QMAX 1500gpm pump, Cummins
450hp ISL9, Allison Gen IV 3000 EVS-P
EA
1
$1,525.00
13
Preventative maintenance on TH 145: 2015 Pierce
Quantum Pumper, Hale QMAX 1500gpm pump, Cummins
450hp ISL9, Allison Gen IV 3000 EVS-P
EA
1
$1,295.00 *
14
Hourly labor rate for general repairs identified during
preventative maintenance inspection.
HR
1
$105.50
$125.00
15
Hourly labor rate for unscheduled call out to the City of
Pearland.
HR
1
$116.50
$125.00
Total
* Unit prices do not include air and breather filters, generator maintenance, air dryer maintenance, semi-annual service,
foam system maintenance or transynd fluid change (every three years).
Resoltution No. R2018-39
o‘ rEq!
` 16 City of Pearland
PEARLAND; 3519 Liberty Drive
fsr. 0 3,N Pearland, TX 77581
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: K.R. Allen Industrial Services, LLC
P.O. Box 9198
Bacliff, TX 77518
Description of Services: Contractor will provide general plumbing services throughout the
City of Pearland as needed, per the specifications of bid#0318-28,
resolutio 1 -,2018-39.
Contract Amount: Unit Price Contract, Not to Exceed $124,000.
Effective Date: 5/31/2018
Termination Date: 5/30/2019
Renewal: Two renewal options available, upon the mutual agreement of both
parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND CONT- 0 •R:
S la
Pur si ffice Da a TM:
Date:
*Si d b :tate: 6 •Z3• V City Mger
Assistant City Manager
Director
Program Manager
*Contract Signature Authority: 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+
Ill. 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 proposal 0318-28 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 the contractor providing general plumbing services
throughout the City of Pearland as needed, per the specifications of proposal#0318-28, City Council
Resolution#R2018-39. Pricing is as follows per contractor's response to the same, as listed below:
K.R. Allen Industrial
Services LLC
Line Description UOM Unit
1 Standard hourly rate-Master Plumber HR $84.08
2 Standard hourly rate-Journeyman Plumber HR $82.47
3 Standard hourly rate-Plumber's Helper/Apprentice HR $49.47
Items From Attributes
4 Service call charge amount per day call out. DLY $30.00
Emergency repair Master plumber rate charged after
5 standard business hours HR $126.12
Emergency repair Journeyman plumber rate charged
6 after standard business hours HR $123.71
Emergency repair Helper plumber rate charged after
7 standard business hours HR $74.21
8 Materials/Supplies Mark-Up 15%
House Bill 89 Verification
I, (Person name), the undersigned
representative (hereafter referred to as "Representative") of
(company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen (18)years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli-controlled territory, but does not include an action
made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of , 20
Notary Public