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R2020-088 2020-05-18RESOLUTION NO. R2020-88 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for general plumbing services with K. R. Allen Industrial Services, LLC, in in the estimated amount of $70,000.00, for the period of May 31, 2020 through May 30, 2021. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City hereby renews a unit supply contract with K. R. Allen Industrial Services, LLC, in the unit price amounts reflected in Exhibit "A" attached hereto. Section 2. The City Manager or his designee is hereby authorized to execute a contract for general plumbing services. PASSED, APPROVED and ADOPTED this the 18'h day of May, A.D., 2020. TOM REID MAYOR ATTE T: CRY TAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: 0 - DARRIN M. COKER CITY ATTORNEY Bid # 0318-28 Title General Plumbing Services Line Items Exhibit A K.R. Allen Industrial Services, LLC Line Description UOM QTY Unit Extended 1 Standard hourly rate - Master Plumber JHR 200 $84.08 $16,816.00 2 Standard hourly rate - Journeyman Plumber JHR 150 $82.47 $12,370.50 3 Standard hourly rate - Plumber's Helper/Apprentice JHR 150 $49.47 $7,420.50 City of Pearland 3519 Libef*y Drive Peariard, TX77581 General Services Contract This Contract (Contract) is made bets een the City of Pearland, Texas (City), and Contractor. The City and Contractor agree tc the terms and conditions of this Contract, vilich consists of the following parts: L Summary of Contract Terms II_ Signatures Ill. Standard Contractual Provisions Itf. Special Terms and Conditions V_ Additional ContractAtta&ments 1. Summary of ContractTenns, Contraccr: KR Allen Indusbiaf Services PO Box 9198 Bacliff. TX 77518 Description of Services: Contractor will provide genera! plumbing services; for the City of Pearland, as needed, per the specifications of M #0318-28.. Resolution #2020-88. Contract Type. Unit Price Contract, Estimated Amount of 570,000. Effective Date: May 31.. 2020 Terrninatioan Date: May 30, 2021 Renewal: No renevual options available. ll. Signatures. By signing below the parties ag-ee to tete terms of this Contract - CITY OF PEARLAND: Dndb M °N,—oh"a",:s��3a1h,�IJohn Mccarter ..-D 6/23/2020 wroa1sIi I urn• Assistant Finance Director ";ate d by: ate: Q City Manager (� Assistant Citytna Director Supers ntendentlManagec CONTRACTOR: Date: t,/tel ev "Contract SignatureAmthority: SuperintendentlManager-$5.999 or less Director - $6,000 to $30, 000 City ManagertAssistant City Managers - $30,001 to $80,000 City Council Resolution - $50,000+ P .ia, 1 1.,I 4 lii. Standard Contractual Provisions. wunfract means this Standard ServicesContracz Services weans the services for which the City solicited bids or received proposals as described in Exhibit A, attached hereto. B. Services and av*nent. ContractorWill furnish Services to the City in accordance with the tenor and conditions specffied in this Contract. Contractor wit bill the City for the Services provided at intervals of at least 30 days; except for the Final bilfing. The City shall pay Contractor for the Services in accordance with the terfm of this Contract, but all paymants 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 Rrovisions. (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 nonce to Contractor, If the City terminales 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) : ormination for Defau t. Either party to this Contract rMy 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 cithq the terms of the Contract that have been breached and vuhat action the defaulting party must take to cure the default_ If the party fn 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 parry, specifying ttte 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 al€ov ed by law. including arty damages or costs suffered by either party. (3) Multi-YaarControots arndFunding. If this Contract extends beycnd the City's fiscal year in which it becomas effective or provides for the City to make any pay ment 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 requied Contract .paymentfor that successive fiscal yearend thereareno fundsfromthe City's sale of debt instrumnts to make the required payment, then this Contravt 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- Liabiliry and Indernnity. 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 act ual or compensatory damages, loss, of 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 Elocumerd provided by the City provides otherWse, 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 negli�gert acts or omissions in the performance of this Cort -act in accordance with applicable law. This provision does not affect t'te right of either party to this CoMractwho issued 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_ Lawn Governing and Venue. This Contract is governed by the law of the State of Texas and a lav+suit 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 211 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 sharl 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 rneans, methods, or details of the work to be performed by Contractor under this Contract The City and Contractor agreethatthe work performed under this Contract is not inherer>tly dangerous, that Contractor will perform the work in a vmrkmanNke manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's Officers and employees. I. Di n Procedures_ The Contractor and City desire an expeditiousmearis to resolve any disputes that may arise between them regarding this Con"et, if either party disputes any matter relating to this Contract, the parties agree to try in good fail'►, before bringing any legal action. to settle the dispute by submitting the matter to mediation be oxe a third patty who will be selected by agreement of the panes_ The parties Wil each pay one- half of the madiatOr'S fees. J. AnornalLs l=ees. Should either party to this Contract bring suit against the other party for breach of contra„ or for any other cause relating tothis Contract, neither party will seek or be entitiad to an award of attorney'sfees or other costs renting to the suit. K. Seyerabilrty. if a court finds or rules that any part of this Contract is invalid or unlavfu 1, the rAmairtder of the Contr3et continues to be binding on the Via: tic+. IV. Special Terms or Conditions. prone. V. AddiVonal Contract Document& The following specified documents attached to tris Contract are part of this Contract. Any provision contained in the Contractor's Additional Contract Docui, et s that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Docurnants: 1. The contractor=s response to Bid #0318-28 shall t -e const ;ped as additional contract documents. 2. Executed Contractor Inwrance Requirements 8 Agreement (required insuranoo certificate[s] shall be in possession of City at actual comrrencernent of work). B. City's Additional Contract Documents: I. Scope of Services as listed on the attached_ EXHIBIT A CONTRACTOR'S SCOFF OF SERVICES Scope of services shall consist of the contractor providing general plumbing servicesfor the City of Peadand, as needed, per the specifications of Bid 00318-28_ Pricing is as follom per contractor$ response to the same; as listed below. K.R. Allen Industrial Services. LLC Line Description UflM Unit 1 Standard hourly rate - Masker Plumber HR $84-48 2 Standard hourly rate - Jmrneyrnan Plvmbc.,r HR $82.47 j Standard hourly rate - Plumber's 3 l Helper/Apprentice HR $49.47 t Items From A tTibutes 4 Service call charge amount per day call out. DLY $30.00 Emergency repair Master plumber rate charged 5 after standard business hours HR $126.12 ' Emeargency repair Journeyman plumber rate 8 charged after standard business hours HR 5923.71 Emergency repair Helper plumber rate charged 7 after standard business hours HR $74.21 T7 aterialsi$upples Mark-Up, 1 a9ro CERTIFICATE OF INTERESTED PARTIES FORIM11 17-95 (Ampiete Nos. 1-4;-:1116 if -rflre i-.-e ir.erested paa',tz. Ccnln*,W Nos. L 2, 3. S. a6d B it ftm it na mteresteg parties. OFIFMIE USE ONLY CERTIFICATION OF FILING Certificaec Num: h72a-1K3C17S5 1 Name Of bueiness entity filing towel, and the City, state and country of ttm bur✓nes& entltys place Of business KR Allen Ctlriatrucdon, LLC: Dickinson, TX urtiteri Simes Dame Filed: Wn2M 2 Name_ 03 govemmemsl entity or sate agency that is a parry to Ehe 0001tacE for whirh the form is being He-ci. -•ry Q' �ti 1rlJr {� Dade AckrFDh *dged- 3 Provide the iderdification number used by the govemmermid entity or xtata agency to track or idenbTy the contract, and provide a descripfbpn of the services, goods, or other property to tie provided urbder tfoe COntt=L Rid 40316-29 Oereral Servi Curs = da:urr Name or Interested PaAy City, Sale, Country (place of business) of inti.-rt�t i r-heck ap;Alcablel Con^.railing Inmrmerliar: K,R, Akii Cwtstructiinn, L-LC. Dicklncnn, TX united state 5 Cl-t:ck only if there is NO Intefested Party- ❑ I: UNSWOMDECLARATIO.N ydof6 this^�u_ Mymmcw La w- r r� 4�__�L�tl mKfm.-rtr; , � - [ IsUI (clb7 "— - I 01111 nada? {ohl,nlry j I dectMe uMw perwi#y of polury mat i%e M(egoseg is mm-and d atzTmL Executed in J j�r ' 0 C our v. ft:q _ ' � , on diel ( d:ryr cin ,. 2(J �. V4 ,rwa ee or 8uti ruined a gore nit ountr'5rtriq omriess enuty {rrtW-r,ut) Forms nrrividod tw Taxers Ethim t-nmrnj1 --ie m .■..... dthinr atom r, 1. .,._...:_._ . r. 1 M1_e•- _ J w.a •v.. v� YLI d/Vl{ Y