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R2019-191 2019-08-12 RESOLUTION NO. R2019-191 A Resolution of The City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement through the Texas Association of School Boards (TASB) Buy Board for the replacement of safety surfaces associated with the Centennial Park Playground,with McKenna Contracting,in the amount of$82,862.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner Texas Association of School Boards (TASB) Buy Board for the replacement of safety surfaces associated with the Centennial Park Playground, with McKenna Contracting, in the amount of $82,862.00. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Association of School Boards(TASB)Buy Board for the replacement of safety surfaces associated with the Centennial Park Playground. PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019. oim • Q11:6 'l .).�"c�' TOM R ID j = MAYOR . ; r ATTEST: i/e ygordiuL...„.6 MARIA E. RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. R2019-191 A Resolution of The City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement through the Texas Association of School Boards (TASB) Buy Board for the replacement of safety surfaces associated with the Centennial Park Playground,with McKenna Contracting,in the amount of$71,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner Texas Association of School Boards (TASB) Buy Board for the replacement of safety surfaces associated with the Centennial Park Playground, with McKenna Contracting, in the amount of $71,000.00. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Association of School Boards(TASB) Buy Board for the replacement of safety surfaces associated with the Centennial Park Playground. PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019. o . -"2-"N )03.%." TOM REID MAYOR ATTEST: Com,, � _ t.� � 1 V�-Elt h . { . MARIA RODRIGUEZ The Resolution was signed in error INTERIM CITY SECRETARY due to a printing/uploading issue. The corrected executed Resolution APPROVED AS TO FORM: is enclosed. PcIpu.„‘ DARRIN M. COKER CITY ATTORNEY Aug 1619,10:57a Mckenna contracting 2814436577 p.2 Resolution No. __ - City of Pearland R2019-191 m&mm�^ =5 3519 Liberty Drive '• Pearland, TX 77561 General Services Contract This Contract(Contract)is made between the Gity 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 H. Signatures HL Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments L Summary of Contract Terms. Contractor: McKenna Contracting, Inc. 1936 Old Holzwarth Rd. Spring,TX 77388 Description of Services:. Contractor will provide installation of playground turf surfacing at Centennial Park and installation of 247 cubic yards of engineered wood fiber surfacing for Pasternak, Woody and Zychlinski Park for the City of Pearland. Contract Type: Unit Price Not to exceed $82,862.00 Effective Date: 8/13/2019 Termination Date: 9/3012019 Renewal: No renewal options available IL Signatures. By signing below,the parties agree to the terms of this Contract: CITY OF EARLAND: CO► 111-C 101 8 lq-lq (1 /C/ et1P- hasing Manager Date Ti e: or-if r*0 g Date: p�• !3•�ta 1r // "S ed by• Date: $ —141—I . J City anager / As:istant 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+ Aug 10 19, 10:57a McKenna contracting 2814436577 p.3 11I.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,exceptforthe 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 judgrnent 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 tothis 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. Aug 16 19, 10:57a McKenna contracting 2814436577 . p.4 • 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. 1V.Special Terms or Conditions.Mone. 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 attached proposal 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. Aug 1619, 10:59a Mckenria contracting • 2814436577 1j.5 • • • EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES • Centennial Park • Replace existing surfacing install Synthetic turf for outdoor play areas Playground safety surfacing in the entire existing use zones Two areas with existing turf installed All Materials, Labor and Equipment to complete install • 15 year manufacturer warranty HeatBlock • IPEMA certified • Tramplezone Thema Green Foam 2-1/8"pad installed under all PlayTurf Park General Maintenance • Playground Safety Surfacing Woody Street Park • Zychlinski Park - Pasternak Park Provide.and install Engineered wood chip safety surface • Safety Surfacing for playground use zone 247 cubic yards of Engineered wood chips, ADA approved,.tested&certified with the Detroit Testing Lab Remove any grass or weeds, level existing surface Pricing is as follows per contractor's response to the same, as attached. • REOUIIihMENTS Contractors performing Rork 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 coverage's 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 coverage's as required herein or that the subcontractors are included tmder the contractor's policy. All insurance companies and coverage's must be authorized by the Texas Departmentofinsurance 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 or coverage's or provisions aepenaing on tae nature or ale WUix. , Aug 16 19, 11:02a McKenna contracting 25,14436577 p.7 diti4 cat eKenna-Contracting,Inc. nn 1936 Old HoizwatlrRd,Springi 77388 G � (.281)687-0384 office (281)907-6578 fax. . cavuacnNs Email:sandra@mckennacontracting.net August 6,2019 PROPOSAL We hereby submit spec/ications and estimates fon City of Pearland Centennial Park Replace existing surfacing Install Synthetic turf for outdoor play areas Playground safety surfacing in the entire existing use zones $ 71,500 Two areaswith existing turf installed All Materials, Labor and Equipment to complete install 15 year manufacturer warranty HeatBlocic.: XPEMA certified Tramplezone. Therma Green Foam 2-1/8"pad installed under all PlayTurf Park General Maintenance Playground Safety Surfacing Woody Street Park . Zychlinski Park Pasternak Park Provide and install Engineered wood chip safety surface Safety Surfacing for playground use zone. Engineered wood chips, ADA approved, tested&certified with the Detroit Testing Lab Remove any grass or weeds, level existing surface Total Material,Labor and Equipment to install safety surface 247 cuyd $ 11,362 TOTAL $ 82;862 Sales Tax is not included in price,Sales Tax to be added to invoice,unless Sales Tax.. Exemption form is provided Terms :Request for 50%downpayment to order from manufacturer,Net due upon completion of installation- . . Samples provided upon further consideration.. References and list of completed work provided upon request. We have been building parks 15+years specializing in playgrounds 2fi:YrBoard 0 McKenna.Catttracling.Contract#512-16 Aug 1619, 11:01a . Mckenna contracting 2814436577 P.6 TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers'Compensation Statutory Limits CIty to be provided a WAIVER OJ Employers'Liability $100,000 per occurrence SUBROGATION and 30 day notice of cancellation or material change in coverage. 2.: Commercial General (Public) Personal Injury - 51,000,000 per City to be listed as additional Liability, to include coverage for: person; Property Damage - insured and provided 30 day. a) Premises/Operations $1,000,000 per occurrence; General notice of cancellation or material h) Products/Completed Aggregate-$1,000,000 change in coverage. Operations c) Independent Contractors , d) Personal Injury e) Contractual Liability 3. Business Auto Liability to include Combined Single Limit-$1,000,000 City shall be provided 30 day coverage for notice of cancellation or material a) Owned/Leased vehicles change in coverage. b): Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be faxed to Purchasing Department,Attn: Julie J3laclonore,@ 281-652-1738,phone 281-652-1790. Questions regarding required insurance should be directed to John McCarter,City ofPearland Budget& Procurement Manager(281)652-1630. This form must be signed and returned with your quotation. You are stating that you do bavethe required insurance and if selected to perform work for the City,will provide the certificates of insurance with the above requirements to the City, A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. AGREEMENT I agree to provide the above described insurance coverage's within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project.4ti1_��_rr Project/Bidil 5rA l4 eel1 4-€11111'dJ dark ant d £. jLOO h ( Company:/tAc nic.t 0.0 ztdVendor#(if applicable) V PrintedName: A Signature I � Date: ' 1312_t _1 © 2.t5 .I. Aug 16 19, 1 1:05a Mckenna contracting 2814436577 . p.8 MCKECON-01 MVIESCOBEDO AGORO' DATE(10VDDIYWI) CERTIFICATE OF LIABILITY INSURANCE, 8r14i2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY. AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poliicy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cor TACT Cynthia Reid Hibbs:Hallmark 8 Co PHONE PAx 6750 Hillcrest Plaza fart no,Emil:(972)385-3726 2922 I talc,Noj(972)385245 Suite 219 _g ks_s.cynthia.reid( hibbshallmark.com Dallas,TX 75230 INSURERISIAFFORDING COVERAGE NAIL C INSURER A:Burlington Ins Co 23620 INSURED INSURER a:Ohio Security insurance Company 24082 McKenna Contracting Inc, INSURER c:Hallmark Specialty Insurance Company 26808 1936 Old Holzwarth Rd, INSURER D:Hartford Accident and Indemnity Co, 22357 Spring,TX 77388 INSURERS: . INSURER F: -— ..........-.0......-,S_ r.rinmflu mmninr_n.