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R2020-020 2020-01-20 RESOLUTION NO. R2020-20 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 a pedestrian bridge located within Independence Park, with Kraftsman, in the amount of$178,927.00. 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 a pedestrian bridge located within Independence Park, with Kraftsman, in the amount of$178,297.00. 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 a pedestrian bridge located within Independence^Park. PASSED, APPROVED and ADOPTED this the 27th day of Ja , .D., 2020. TOM REID MAYOR ATTEST: ,dtttttlsiatio` CRY TAL ROAN, TRMC CMC, �� ,�YQ'���i� CITY SECRETARY .� O r•': 1 144. �' cn APPROVED AS TO FORM: it N. f _ •oo' liatiesettistO` DARRIN M. COK CITY ATTORNEY • pp City of Pearland 0 3519 Liberty Drive 1),EARJAND Pearland, TX 77581 1 sc0 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 Ill. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Sunandry of Contract-Terms. Contractor: 'Kraftsman, LP 19535 Haude'Rd. Spring, TX 77388 Description of Services: 'Contractor will manufacture and install pedestrian bridge at Independence Park, for the City of Pearland, as provided in quote Q65153-1 via SuyBoard it 592-19 and per Resolution#R2020-20. Contract Type: Unit Price Contract, Estimated Amount of$178,927.00. Effective Date: 1/31/2020 Termination Date: 8/30/2020 Renewal: No renewal options available: II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF ARLAND: OA) CONT As? fan i anc 0 ctor ate Tit e: P • Date: / 2 / • '* d by: Date: -3 — Cit anager Assistant City Manager Director Superintendent/Manager *Contract Signature Authority: .Syperintendent/Manager-$5,999 or.less Director-$6,000 to$30,000 City Manager/Assistant city. Managera -$30,001 to $50,000 City Council Resolution,$50,000+ Page 1 of 4 3x sup � � Kraftsman Quote #Q -6515 - COMMERCIAL PLAYGROUNDS& Page:5 KRAFtSMAN WATER PARKS 19535 Haude Road Date: 11/12/2019 ✓ ` `4` Spring,TX 77388 Project: 23036 9FlsMANPOk Phone:(281)353-9599 Fax:(281)353-2265 By: Mark Reynolds General Terms and Conditions Sold To: Pearland,City of Ship To: Independence Park Bridge Terms: Percentage Completed Draws Monthly CONDITIONS OF SALE 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman.All returns are subject to restocking fee of 25%plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas,with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship.See catalogs or attached drawings for specific layouts,warranties,and specifications. 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5%per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4%for Visa and MasterCard,and 6%for American Express. 9. Installation services include all labor,equipment required to complete the job,and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces,ie.rock,landfill,etc. Price quoted includes Kraftsman's standard insurance coverages of$2 million in General Liability&Completed operations,$1 million in Automobile Liability,$1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured,waivers of subrogation,or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman,unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities,and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities&municipalities are not included and are the responsibility of the owner of the property,unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty(30)days. Respectfully Submitted: Date: November 12, 2019 Mark Reynolds Acceptance of Proposal: The prices,specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements,or promises are not valid unless written as part of this contract. Authorized Signature: PO#: Printed Name&Title: _ Date of Acceptance: Authorized Signature: Printed Name&Title: • WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY&FITNESS EQUIPMENT Thank You! We Appreciate Your Business! 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, 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. Any provision contained in the Contractor's Additional Contract Documents that conflicts with this Contract shall have no legal effect. A. Contractor's Additional Contract Documents: 1. The contractor's quote #Q65153-1 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 shall consist of the contractor providing design and installation services for the City of Pearland. Pricing is as follow: Pratt Truss Style Bridge 70' long and 8'wide 74,890.00 Vehicle Load H-5 Railing Height 54"with IPE Rubrail and Steel Toe Plate Bridge Finish is Weathered Steel Abutments and installation for Bridge 69,142.00 Concrete Pad,4"thick concrete pad with, rebar reinforced, broom finish 7,840.00 Concrete walk 8'wide to connect bridge to existing walks. 7,040.00 4"thick concrete pad with, rebar reinforced, broom finish, 640 sf Design plans for elevations required by Flood Control to determine 7,515.00 low chord elevations. 7,515.00 Storm Water Pollution Prevention Plan and control system. 4,411.00 Temporary Fence to close off access to Bridge on both sides until completed 2,689.00 Performance & Payment Surety Bond, and processing 5,400.00 of the bond documentation. Total 178,927.00 Kraftsman Quote #Q65153-1 COMMERCIAL PLAYGROUNDS& Page:1 KRAFISMAN WATER PARKS 19535 Haude Road Date: 11/12/2019 14,.� 4* Spring,TX 77388 9FrsmaNP O c Phone:(281)353-9599 Fax:(281)353-2265 Project: 23036 By: I Mark Reynolds jPearland, City of I 'D Kevin Carter p. vn Independence Park Bridge y !Independence Park Bridge PO Box 2719/Accounts Payable 3919 Liberty Drive Pearland ITX 177588 Pearland TX 177581 Phone: Fax: Main Phone: Mobile Phone: Terms: (Percentage Completed Draws Monthly Qty Product Description Size Weight Color Unit Price Ext. Price INDEPENDENCE PARK BRIDGE 1 Pratt Truss Style Bridge 74,890.001 74,890.001 70'long and 8'wide Vehicle Load H-5 / Live Load 90psf. Horizontal Railing Style per details on plan attached. Railing Height 54"with IPE Rubrail and Steel Toe Plate Bridge Finish is Weathered Steel 1 Abutments and installation for Bridge 69,142.00 69,142.00 560 I CONC4RB (Concrete Pad, 4"thick concrete pad sf I 14.00I 7,840.001 with, rebar reinforced, broom finish, for Bridge Deck 560sf 640 I CONC4RB (Concrete walk 8'wide to connect sf 11.00' 7,040.00 bridge to existing walks. 4"thick concrete pad with, rebar reinforced, broom finish, 640 sf 1 1 Design plans for elevations required 7,515.001 7,515.001 by Flood Control to determine low chord elevations. 1 I SWPP (Storm Water Pollution Prevention 4,411.001 4,411.001 Plan and control system. 1 I TFENCE (Temporary Fence to close off access 2,689.001 2,689.001 to Bridge on both sides until completed 1 I BOND1 Performance & Payment Surety Bond, 5,400.00 5,400.00 and processing of the bond documentation. DISCBB 'Proposal includes Discount on BuyBoard Purchase, BuyBoard Contract #592-19 .,.< 0;BC'"<ts, Kraftsman Quote #Q65153-1 COMMERCIAL PLAYGROUNDS& Page:2 !CRAFTSMAN WATER PARKS 19535 Haude Road Date: 11/12/2019 + ✓ o4. Spring,TX 77388 \, c Project: 23036 9FrsMANPO''� Phone:(281)353-9599 Fax:(281)353-2265 -By: r Mark Reynolds Subtotal: $178,927.00 Shipping&Handling: Equipment Subtotal: $178,927.00 Tax: $0.00 —Install: ___ Total: $178,927.00 03(14 0'40F Kraftsman Quote #Q65153=1 �•-- COMMERCIAL PLAYGROUNDS& Page:3 KRAFTSMAN WATER PARKS 19535 Haude Road Date: 11/12/2019 4p o� Spring,TX 77388 23036 9F✓ �Ts 1ANPIPt. Project:Phone:(281)353-9599 Fax:(281)353-2265 - BY I Mark Reynolds Special Terms and Conditions Subject: Items not included: Date: 11/7/2019 These items are not included: • Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. • Patching of existing concrete decorative coatings, staining, coloring, or surfacing if any existing concrete deck is removed during excavation for piers. • Removal of existing equipment. Subject: Buy Board: Date: 11/7/2019 Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Subject: Sales Tax Exempt: Date: 11/7/2019 Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Subject: Insurance Terms: Date: 11/7/2019 Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage's if required. Subject: Credit Card terms: Date: 11/7/2019 If paying by American Express, there is a 6% processing fee charge. If paying.by Visa or Master Card, there is a 4% processing fee charge. Subject: Monthly Progress Billings Date: 11/7/2019 All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Subject: Shipping Charges Date: 11/7/2019 Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Subject: Bonding Included: Date: 11/7/2019 Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is returned to Kraftsman. Maintenance Bonds are not included. Subject: Delivery and Unloading: Date: 11/7/2019 If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman's Warehouse and stored until needed on the project. Then transported to the site at the time of installation. su'`° Kraftsman Quote #Q65153-1 �� COMMERCIAL PLAYGROUNDS& Page:4 KRAFTSMAN WATER PARKS 19535 Haude Road Date: 11/12/2019 4Q✓ ` o4. Spring,TX 77388 Project: 23036 TsMANo 0• Phone:(281)353-9599 Fax:(281)353-2265 By: 1 Mark Reynolds Subject: Locating for Underground Utilities: Date: 11/7/2019 • Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. • Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. • Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner's expense and responsibility. Subject: Installation: Date: 11/7/2019 Installation quoted includes: Haul off of soil and concrete spoils from project site; or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility. Assembly of all frame work, installation of bridge, and all equipment necessary for installation. Subject: Building Permits: Date: 11/7/2019 • Building permits are not included or provided. • Engineer stamped plans are included.