R2018-107 2018-06-11RESOLUTION NO. R2018-107
A resolution of the City Council of the City of Pearland, Texas,
authorizing a unit supply contract for emergency repairs (Natatorium)
with K.R. Allen, in the amount not to exceed $100,000.00, for the period
ending September 30, 2018.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That emergency repairs to Natatorium pool system are necessary.
Section 2. That the surplus funds associated with the sale of property along FM
518, east of Woodcreek Dr., are hereby authorized for emergency repairs to the
Natatorium pool system.
Section 3. That the City Council hereby authorizes a unit supply contract with
K.R. Allen, in the unit price amounts reflected in Exhibit "A" attached hereto.
Section 4. The City Manager or his designee is hereby authorized to enter a
contract for emergency repairs (Natatorium).
PASSED, APPROVED and ADOPTED this the 11th day of June, A.D., 2018.
T Ij
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TOM REID
MAYOR
ATTE
CR TAL R AN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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.� �p,R LAN ••
City of Pearland
3519 Liberty Drive
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
ll. 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 emergency repair services at the Natatorium,
per the specifications of attached quotes. Resolution R2018-107.
Contract Amount: Unit Price Contract, Not to Exceed $100,000.
Effective Date: 7/20/2018
Termination Date: 9/30/2018
Renewal: No renewals contemplated at this time.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF/PEARLAND
7-1(-13
Date
*S{grfed by: /Dc-'fe:
City Mbnager
Assistant City Manager
Director
Program Manager
CONTRACTOR: DgiWlysig—1 byL,,y Alkn
Larry A l l e n Const lon,ry Llen. —11. Alkn
Construction LLC ou=Manager.
email=Larry@krallen.net, -US
Dale: 2018.07.23 09:52U9 -05'00'
Title: Manager
Date: 07.23.18
*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+
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, eitherwritten 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 attached quotes 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 natatorium repairs at the City of
Pearland Recreation Center and Natatorium; City Council Resolution #R2018-107. Pricing is as follows
per contractor's response to request, as listed below:
K.R. Allen Industrial
Services _LLC
Line
Description
Amount
1
Installation of new impeller kit and valve repair
$19,811.30
2
Fiberglass repairs to two bulkheads
$28,750.00
3
Replacement of Sand Media and Baffle Strainer for
Pit C
$34,097.02
Total
$82,658.32
nm�
K.R. Allen Construction L.L.C.
"Innovation from Experience"
May 7, 2018
Subject: Proposal
Attn: Amber Pope
Job Address: City of Pearland
Natatorium
Phone: 281.627.2934
Email: athompson ,,pearlandtx. og_v
Job Description: Installation of new impeller kit and valves for filter B
1. Back wash filter to drain filter pit.
2. Remove grating from filter pit.
3. Install two submergible pumps to pump down filter
4. Remove motor, pump housing and volute to install new impeller and shaft sleeve
5. Remove inlet piping form sump to install new flange sump seal
6. Remove and install return to pool valve to install new flange seal.
7. Remove and install backwash valve to install new flange seal.
8. Install new 10" over flow valve and flange seal.
9. Install new filter inlet valve and flange seal. Labor only $ 12,985.00
• NOTE material for this work have already been approved for purchase.
Estimate Cost: Twelve Thousand Nine Hundred Eighty -Five Dollars and 00/100cents $12,985.00 (Taxes Not
Included, apply if applicable)
Exclusions: Taxes, Permits and Inspections, Drawings, Testing, Taps, Tap Fees, Any concealed conditions, Electrical, gas, sewer,
water and all telecommunications service disconnects, re-routes and make safes. Any required temporary site fencing. Importing
any backfill and compaction of soils. Soils testing and compaction testing Replacement of materials removed. All hazardous
materials, abatement or testing except as shown above. Site work or any restoration work except as noted above and any other work
not mentioned above.
Payment terms: 50% to start
50% on completion
Terms of Contract:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard
practices. Any alterations or deviation from above specifications involving extra costs will be executed only upon written
orders, and will become an extra charge over and above estimate. This bid breakdown is furnished in order to assist you in
your decision-making process only. If you desire to delete a portion of this bid from a future contract, you must contact
K,R Allen Construction L.L.C. prior to bidding as to the acceptability of any package other than what has been bid. We
retain the right to decline this job if this proposal is not accepted in writing within 5 days and is void thereafter.
KR Allen Construction, LLC' P.O. Box 9198 Bacliff, TX 77518 + Ph 281-339-3006 Fax 281-339-3006
K.R. Allen Construction L.L.C.
"Innovation from Experience"
March 27, 2018
Subject: Proposal
Attn: Amber Popp
Job Address: Recreation Center/Natatorium
4141 Bailey
Pearland, Texas
Email: apopp@pearlaiidtx.gov
Job Description: PACO Pump Repairs — MATERIAL ONLY
1. Impeller Kit, PACO; (1) each
2. Seal Kit, PACO; (2) each
3. Sleeve, Shaft, PACO w/Loctile; (1) each
4. Valve, W. Bray, S30, IOW.8" NCl/U.C.., DI/3/16 EPDM; (2) each
5. Estimated shipping and handling .
Exclusions: Labor to install material/parts'Taxes, Permits and Inspections, Drawings, Testing, Taps, Tap Fees, Gas Meter, Electric
Meter. Removal of excess soil Any concealed conditions, Electrical, gas, sewer, water and all telecommunications service
disconnects, re-routes and make safes. Any required temporary site fencing. Importing any backfill and compaction of soils. Soils
testing and compaction testing Replacement of materials removed. All hazardous materials, abatement or testing except as shown
above. Site work or any restoration work except as noted above and any other work not mentioned above.
Estimate Cost: Six Thousand Eight Hundred`Twenty-Six Dollars and Thirty Cents $6,826.30 (Taxes Not
Included, apply if applicable)
Payment terms; 100 % Due.upon completion
Terms of Contract:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard
practices:`aisy alterations or deviation from above specifications involving extra costs will be executed only upon written
orders, and.: vill become an extra charge over and above estimate. This bid breakdown is furnished in order to assist you in
your'decislon-making process only. If you desire to delete a portion of this bid from a future contract, you must contact
K.R. Allen Construction L.L.C. prior to bidding as to the acceptability of any package other than what has been bid. We
retain the right to decline this job if this proposal is not accepted in writing within 5 days and is void thereafter.
Acceptance.of Proposal
The above prices, specifications and conditions are hereby accepted. You are authorizing to do the
work as specified. Payment will be made as outlined above.
Auth i d Sig atur
Date
KR Allen Conshuction, Ld,C *P.O. Box 9199 Bad iff, TX 77518 * Ph 231-339-3006 Fax 281-339-3006
Acceptance of Proposal
The above prices, specifications and conditions are hereby accepted. You are authorizing to do the
work as specified. Payment will be made as outlined above.
Authorized Signature Date
KR Allen Construction, LLC' P.O. Box 9198 Bacliff, TX 77518' Ph 281-339-3006 Fax 281-339-3006
K.R. Allen Construction L.L.C.
"Innovation from Experience"
July 15, 2018
Subject: Proposal
Attn: Amber Pope
Job Address: City of Pearland
Natatorium
Phone: 281.627.2934
Email: athompson@12earlandtx.gov
Job Description: Fiberglass repairs for two Bulkheads
1. Drain pool in upper area as needed for repairs to lower sections of bulkhead
2. Install necessary cribbing for support of bulkhead while be repaired
3. Cover and protect work area as necessary.
4. Sand, grind, cut clean and prep damaged areas for repair
5. Install epoxy resin, fiberglass and Capsule in separated, fractured and deflected areas
6. Use woven fiber mesh to incapsulate areas where deflections and separation has occurred
7. Adhere and bond outside deflected areas as needed for the length of both bulkheads where needed
8. Apply Gelcoat to areas where repaired.
9. Sand float and buff areas as needed for smooth finish.
Note: Estimated Dry and repair time is three weeks.
Estimate Cost: Twenty- Eight Thousand Seven Hundred Fifty Dollars and 00/100cents $28,750.00 (Taxes Not
Included, apply if applicable)
Exclusions: Taxes, Permits and Inspections, Drawings, Testing, Any concealed conditions, Electrical, gas, sewer, water and all
telecommunications service disconnects, re-routes and make safes. Any required temporary site fencing. Interior lifting equipment,
interior bladder, fittings , hoses, anchoring devices or hardware of any kind All hazardous materials, abatement or testing except as
shown above. Site work or any restoration work except as noted above and any other work not mentioned above.
Payment terms: 50% to start
50% on completion
Terms of Contract:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard
practices. Any alterations or deviation from above specifications involving extra costs will be executed only upon written
orders, and will become an extra charge over and above estimate. This bid breakdown is furnished in order to assist you in
your decision-making process only. If you desire to delete a portion of this bid from a future contract, you must contact
KR Allen Construction L.L.C. prior to bidding as to the acceptability of any package other than what has been bid. We
retain the right to decline this job if this proposal is not accepted in writing within 5 days and is void thereafter.
Acceptance of Proposal
KR Allen Construction, LLC' P.O. Box 9198 Bacliff, TX 77518' Ph 281-339-3006 Fax 281-339-3006
The above prices, specifications and conditions are hereby accepted. You are authorizing to do the
work as specified. Payment will be made as outlined above.
Authorized Signature
Date
KR Allen Construction, LLC' P.O. Box 9198 Bacliff, TX 77518' Ph 281-339-3006 Fax 281-339-3006
M
Subject: Proposal
To: City of Pearland
Attn: Amber Popp
K.R. Allen Construction L.L.C.
"Innovation from Experience"
Job Address: 4141 Bailey Rd.
Pearland, TX 77584
Phone: 281-412-8902
Email: lfrench&earlandtx.gov
July 17, 2018
Job Description: Filter C Replacement of Sand Media, and Baffle Strainer VSC30 system
1. Pump out water from pool filter area tank.
2. Remove baffle strainers from inside of tank.
3. Pump out sand and gravel media and haul off.
4. Clean sand filter media chamber.
5. Install new baffle strainers in chamber.
6. Install new gravel 1/16 to 1/8 inch. 28 cu. Ft.
7. Install new .45 to .55 mm sand. 89 cu. Ft.
8. Install new equalization strainer with inspection hatch.
9. Disconnect power from blower pump.
10. Test system for proper function.
Exclusions: Taxes, permits, engineered drawings, Exclusions: Taxes, permits, Drawings, Testing, Taps, Fees and Removal of
excess soil Payment and Performance bonds (Add 3.5%) Any concealed conditions, Electrical, gas, sewer, water and all
telecommunications service disconnects, re-routes and make safes. Any required temporary site fencing Importing any
backfill and compaction of soils. Soils testing and compaction testing Replacement of materials removed. All hazardous
materials, abatement or testing except as shown above. Site work or any restoration work except as noted above and any other
work not mentioned above.
Estimate Cost: Thirty -Four Thousand Ninety -Seven Dollars and Two Cents $34,097.02
(Taxes Not Included, apply if applicable)
Terms of Contract: TBD
KR Allen Construction, LLC • P.O. Box 9198 Bacliff, TX 77518 • Ph 281-339-3006 Fax 281-339-3006
All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviation from above
specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above
estimate. This bid breakdown is furnished in order to assist you in your decision-making process only. If you desire to delete
a portion of this bid from a future contract, you must contact
K.R. Allen Construction L.L.C. prior to bidding as to the acceptability of any package other than what has been bid. We retain
the right to decline this job if this proposal is not accepted in writing within 5 days and is void thereafter.
If a dispute arises out of or relates to this proposal, or the alleged breach thereof, and if the dispute is not settled through
negotiation, the parties agree first to try in good faith to settle the dispute by mediation within 14 days administered before
resorting to arbitration, litigation, or some other dispute resolution procedure. Any costs related to mediation, arbitration,
lien filing fees, and/or court cost will be added to this proposal amount.
Acceptance of Proposal
The above prices, specifications and conditions are hereby accepted. You are authorizing to do the
work as specified. Payment will be made as outlined above.
Authorized Signature
Date
KR Allen Construction, LLC' P.O. Box 9198 Bacliff, TX 77518' Ph 281-339-3006 Fax 281-339-3006