R2018-190 2018-10-08 RESOLUTION NO. R2018-190
A Resolution of the City Council of the City of Pearland,Texas,terminating an
existing cooperative contract with Kraftsman Commercial Playgrounds and
Water Parks, authorizing the City Manager or his designee to participate in a
new cooperative contract through the Texas BuyBoard with Kraftsman
Commercial Playgrounds and Water Parks for the purchase and construction
of an event stage and dressing rooms associated with the Independence Park
Project(Phase 1), in the amount of$511,665.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive pricing was obtained through the Texas Buy Board for the
purchase of an event stage and dressing rooms to serve the Independence Park Project(Phase 1).
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for the purchase an event stage and dressing rooms
associated with the Independence Park Project (Phase 1).
PASSED, APPROVED and ADOPTED this the 8th day of October, A.D., 2018.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
R2018-190
CITY OF PEARLAND
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. Contract Attachments
I.Summary of Contract Terms.
Contractor: Kraftsman Commercial Playgrounds
19535 Haude Road
Spring,TX 77388
Description of Services: Provide a REVISED stage and dressing room building for
Independence Park, Phase I
Maximum Contract Amount: Not to exceed $511,665.00 without prior approval from
Projects Department
Effective Date: October 8, 2018
Termination Date: December 31, 2019
Renewal: None anticipated
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CIT0757 CON '
-
Signed by: Date: /V0J,
Title I/1-
1
V City Manager (4)4,1v)
9
Assistant City ManagerZ /ii
Date: /U 2
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 - $50,000+
General Services Contract 10/2014
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contra ct.
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
Contra ct. Contractorwill bill the City for the Services provided at intervals of at least 30 days,except for the final bi I ling.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 a mounts, 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 a ccordance with this Contract to the d ate of term i nation.
(2) Termination for Default. Either party to this Contract may terminate ft Contract as provided in this paragraph if the other party
fails to com ply 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 cost suffered by either party.
(3) Multi-YearContracts 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 cost 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 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 cost 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 to 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
General Services Contract 10/2014
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 cost relating to the suit.
K. Severability. If 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
conflict 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. Certificate of Insurance
B. City's Additional Contract Documents:
1. Scope of service as listed herein.
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of the design and construction of a metal building that includes the stage,dressing
rooms and restrooms on a concrete foundation, plumbing and electrical service for event lighting for the Independence Park,
Phase I project. The dressing rooms will have separate air-conditioning and private restrooms.
General Services Contract 10/2014
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
512-732-0099
CHANGE RIDER
To be attached to and form a part of:
Bond Number: 4413901
Principal: Kraftsman Commercial Playgrounds & Water Parks
Obligee: City of Pearland
Said bond, issued by SureTec Insurance Company, as Surety, is hereby amended as follows:
Increasing the Contract Amount from $380,321 .00 (old contract amount) to $511 ,665.00 (new
contract amount)
Effective date of rider: October 8, 2018
All other terms and conditions shall remain the same.
Signed and sealed this 24th day of October, 20 18.
SurerTec Insurance Comean
Surety
fr-
By: 1
Dennis M. Descant, Jr., Attorney-in-fact
Kraftsman,LP-City of Pearland-Independence Park Improvements,Phase I.doc Rev.07.15.04 1
POA#: 4221073
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Jeffrey L.Brady,Dennis M. Descant,Jr.,Cheryl A.Sanders,Alicia Cantavella
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge
and deliver any and all bonds,recognizances, undertakings or other instruments•or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for,providing the bond penalty does not exceed
Ten Million and 00/100 Dollars($10,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved,that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
• behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, .r• its corporate seal
to be hereto affixed this 25th day of April ,A.D. 2017 .
's""'"is SURETEC .'SURAN' C r 1' •
SV RANCF
f i 1roBy /�LI w Art• John Knox �., 'resi. .t
State of Texas ss: 7s.� r /
County of Harris ••••......•••
On this 2515 day of April ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
o
,`MpY...�o4 JACQUELYN GREENLEAF
--fP :,..,16,.. .'::!f%Notary Public,State of Texas J
:`"—A ,e1 Comm.Expires 05-18-2021
'`�a,°••;,.: Notary ID 126903029 Jacq elyn Greenleaf,Notary Public
My commission expires May 18,2021
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston,Texas this 24th day of October J 2018 A.D.
M.Brent Beaty,Assistant Sec etary
Any instrument issued In excess of the penalty stated above Is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.
•
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice
To obtain information or make a complaint:
You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099
You may also write to the Surety at:
SureTec Insurance Company
5000 Plaza on the Lake, Suite 290
Austin, TX 78746
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252-3439.
You may write the Texas Department of Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Important Notice Regarding
Terrorism Risk Insurance Act of 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (the"Act"), this disclosure notice is provided for surety bonds
on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty
Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is
underwritten by SureTec Insurance Company("Issuing Sureties").
The premium attributable to any bond coverage for"acts of terrorism" as defined in Section 102(1) of the Act is Zero
Dollars($0.00).
The United States will reimburse the Issuing Sureties for ninety percent(90%)of any covered losses from terrorist acts
certified under the Act exceeding the applicable surety deductible.
The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms,
conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to
the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is
for informational purposes only and does not create coverage nor become a part or condition of the attached document.
Exclusion of Liability for
Mold, Mycotoxins, and Fungi
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for,
molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or
parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance.
Kraftsman,LP-City of Pearland-Independence Park Improvements,Phase I.doc Rev.07.15.04 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-419000
Kraftsman, LP
Spring,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/25/2018
being filed.
City of Pearland Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
R2018-190
sale and installation of stage building with restrooms
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION /�C./I
My name is K IL S SOakt'L�r� , and my date of birth is 1 /S/ / 1 .
My address is I"1 5 lAQ. t2 L S(�{l l✓� , �( , 0 p , vSA .
(street) Se
(city) U (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in [4."242-44:4
4 County, Sta a of _ k S ,on th- - day of l/l%1 • ,20 l V .
/ (month) (year)
Si. ature odorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
APPENDIX B
House Bill 89 Verification
I, Kris Soderberg (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Kraftsman, LP
(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.
A
SI A RE OF Fr PRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
ZW( day of C,+OheIl_ , 20 le
TONIA D. BENNETT
:1 MY COMMISSION EXPIRES V V v`
k' :61titaf--�
AUGUST 16, 2019 Notary Public