Loading...
R2020-103 2020-06-08 RESOLUTION NO. R2020-103 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 Zychlinski Park Playground Replacement Project, with Kompan, Inc., in the amount of$89,951.92. 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 Zychlinski Park Playground Replacement Project, with Kompan, Inc., in the amount of$89,951.92. 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 Zychlinski Park Playground Replacement Project. PASSED, APPROVED and ADOPTED this the 8th day of June, A. . 020. TOM REID MAYOR i1TESA 1i r 17L� ,```,,,rH rnrrrrr,rrr y L ...________ '' ST L ROAN, TRMC, CMC °. QF�RLAA; ,,-,,, I SECRETARY O. 's i APPROVED AS TO FORM: =v'• VW- ' �_ 0 - . DARRIN M. COKER 444464....00,00" CITY ATTORNEY • City of Pearland 04 4`9,, 3519 Liberty Drive A ° Pearland, TX 77581 sr. a,� 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. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Kompan 605 W Howard Lane Street 101 Austin, Tx, 78753 Description of Services. Contractor will provide demolition of existing playground equipment including disposal and production of and installation of the new playground equipment with drainage improvement services at Zychlinski Park, for the City of Pearland, as provided in quote SP71775 via BuyBoard # 592-19 per resolution #R2020-103. Contract Type: Unit Price Contract, Estimated Amount of$89,951.92. Effective Date: 03/30/2020 Termination Date, 09/30/2020 Renewal: None II. Signatures. By signing below, the parties agree to the terms of t ic'Co Tract: CITY OF PEARLAND: CO 'A O'. Dgaal,y orM signed by John caazttt DN:an-loran d by Jon, aoffearlann. John Mccarter��=�,nanae. 6/16/2020 .4404: email20200 16131,0,0500v.c-US Dete.N30.06.161312'03-0500' Assistant Fi .nce Director Date itie: OsAngiJ / Date: ' n!r )014 *Si•ned b . late /✓�„/'2-ate' X Cit, Manager Assistant City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/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+ Page 1 of 4 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 SP71775 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 demolition of existing playground equipment including disposal and production of and installation of the new playground equipment with drainage improvement services at Zychlinski. Pricing is as follows: Texas Buyboard Contract#512-16 Qty. Description Item No. 1 ELE400158-3517E Junior Spica $1,305.00 1 KSW922-CUSTOM 1 bay, 2 Infant seats, Red Posts$2,718.00 1 PCE205200-0603 MOUNTAINEER,IG -2TOWER CLIMB&SENSORY$43,254.00 1 M12870-12P DAISY, Yellow/Orange,IG $999.00 1 M21101-3417P AGE APPROPRIATE SIGN,IG 2-5 Years, IG 60 cm$378.00 1 FRT-KOMPAN INC Freight from KOMPAN Inc$3,821.68 1 CUSTOMINSTALL Install of KOMPAN Equipment includes Orange Security Fencing during install $14,347.49 1 SITEWORK Demo/Dispose of Existing Equipment (retaining shade) $6,065.39 1 SITEWORK Push back existing EWF up to 8" and restore after install$2,046.16 1 SITEWORK Excavate/Dispose of PIP& Base assume 8" in Use Zone.$2,192.31 1 SITEWORK French Drain (if needed) based on 12"wx18" depth-1801f perimeter of play area connecting to existing drain. $7,892.31 2,525 Engineered wood fiber TFG-TXCE-8-01 EWF&FF/CFH 8'/8""comp. (95cys)$2,342.42 1 FRT-OTHER Freight EWF/FF—engineered wood fiber freight $924.00 Install of EWF by CY 1,666.16 Total $89,951.92 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 anc 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. 2020-632293 Kompan, Inc. Austin,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 06/16/2020 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. 529-19 Demo/disposal of existing playground, supply/install new playground,drainage and Safety Surfacing Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling ( Intermediary Lewis, Eric Austin, TX United States X Enright,Tom Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is 4P /11r ‘1)\1.\ and my date of birth is I 1 19 63 1 My address is J')-(7 Cbeee (1n 161 (A.P nN./.3)1.\() (� 7 7E 06 (street) `J (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. t Executed in W)"3 County, . .t of / .o the /6 day of 6 .20?U. (month) (year) Signature of a£f onze.F ent of contracting business entity (D• arant) Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.1.3abaaf7d KOMPAN . SALES PROPOSAL S!COROCORD KOMPAN, INC.*605 W Howard Lane Ste 101,Austin,TX 78753*Tel 1-800-426-9788* Fax 1-866-943-6254*www.kompan corn Site Location: 400065 Date 01/17/20 Zychlinsky Park Expiration Date Chrystopher Bickham Proposal No: SP71775 2243 N Grand Blvd Project Zychlinsky Park Pearland,77581 Ship to State/Zip TX 77581 United States Customer Service Representative Elizabeth Lansing Sales Representative Matthew Machin Payment Terms DEP50%&N30 Invoice-to: 400065 Ship-to: City of Pearland Zychlinsky Park 3519 Liberty Dr. 2243 N.Grand Blvd. Pearland,77581 Pearland,TX 77581 United States United States 281-652-1637 A.P Chrystopher Bickham Qty. Item No. Description Unit Price Net Price Texas Buyboard Contract#592-19 Equipment 1 ELE400158-3517E JUNOR SPICA, Red,IG 1,305.00 1 KSW922-CUSTOM KSW922 CUSTOM VARIANT 20071738 2,718.00 1 bay,2 Infant seats, Red Posts 1 PCE205200-0603 MOUNTAINEER,IG 43,254.00 2TOWER CLIMB&SENSORY 1 M12870-12P DAISY,Yellow/Orange,IG 999.00 1 M21101-3417P AGE APPROPRIATE SIGN,IG 378 00 2-5 Years, IG 60 cm 1 FRT-KOMPAN INC Freight from KOMPAN Inc 3.821.68 1 CUSTOMINSTALL Install of KOMPAN Equipment 14.347 49 includes Orange Security Fencing during install Sitework 1 SITEWORK Demo/Dispose of Existing Equipment 6,065.39 (retaining shade) 1 SITEWORK Push back existing EWF up to 8" 2,046.16 and restore after install 1 SITEWORK Excavate/Dispose of PIP& Base assume 8" 2,192 31 in Use Zone 1 SITEWORK French Drain(if needed) 7,892 31 Continued on page 2. . . 85,019.34 Continued from page 1 85,019.34 based on 12"wx18"depth-1801f perimeter of play area connecting to existing drain. Surfacing 2,525 TFG-TXCE-8-01 EWF&FF/CFH 8'/8""comp. (95cys) 2,342 42 play area connecting to existing drain. 1 FRT-OTHER Freight EWF/FF 924 00 95 CUSTOMINSTALL Install of EWF by CY 1,666.16 Total 89,951.92 Comments: Please read attached General Assumptions and Exclusion document for information on install/sitework. Please allow 12-14 weeks for product delivery upon order placement. Summary: Net Price Subtotal-KOMPAN Products 48,654.00 Subtotal-Other Products 0.00 Subtotal-Surfacing 2,342 42 Subtotal-Installation&Other Services 34,209 82 Subtotal-Freight 4,745 68 Subtotal 89,951.92 (Applicable sales tax will be added unless a valid tax exemption cert Scale is Estimated Tax Rate provided This amount is only an estimate of your tax liability) 0.00 Total 89,951.92 Your acceptarce of this proposal constitutes a valid order request and KOMPAN Authorized Signature. includes acceptance of KOMPAN's Terms and Conditions,receipt of which is hereby acknowledged by your signature Accepted By(signature): To process your order,please sign and return a copy of:his quote with the agreed upon deposit or purchase order for the full amount Orders cancelled Accepted By(please print): Dr.Christoher K Orlea after date of confirmation will be subject to a 50-75%restocking charge This quote may be withdrawn by us if not accepted by 03/17/20 Date: 5.27.2020 KOMPAN Products are"Buy American"qualified,and compliant with the Buy American Act of 1933 and the"Buy American"provision cf the ARRA of 2009 KOMPAN . ;!COROCORD General Assumptions: • Pricing is based on all equipment being direct delivery to the project address identified in KOMPANs Sales Proposal (SP). • Placement of order into fabrication is contingent with deposit being received by KOMPAN as agreed to during the pricing phase. • If cost proposal is to be considered as Tax-Exempt a current tax exemption form must be provided or on file at KOMPAN main office. • Customer shall provide a lay down area for deliveries of materials within proximity of final installation site.Site access must be clear and unobstructed with at least ten (10')foot wide access to allow delivery of materials. Any size restrictions contributing to additional handling or downsizing of deliver trucks shall be addressed as a change of conditions and will be invoiced as additional costs to the customer. • Installation site must be level to no more than one (1")inch in then (10')feet slope or change in elevation over the full length and width of the playground area. • Price assumes NO overhead obstructions within thirteen feet,six inches (13'-6") or lower and NO underground utilities or obstructions within the playground footprint. • Soils are to be suitable for the installation of all playground equipment and surfacing and compacted to 95%compaction prior to installation crews arriving on-site. • All underground utilities, boulders, rock ledge or other obstructions not visible without subsurface investigation shall be considered "unforeseen conditions", all costs shall be invoiced to the customer as a change order to the contract. • All spoils generated during the excavation of footings shall be disposed of on site at no cost to KOMPAN. • Customer to provide at no additional costs a 120 V(15 amp) power source and standard hose bib connection for water supply within one hundred (100')feet from work site. • Customer shall have removed all existing equipment or obstacles from playground area prior to the arrival of the installation crews. • Time is of the essence in the installation of all materials delivered to project site. KOMPAN shall have delivered all equipment and materials as scheduled to project site. If delays to the installation schedule accrue outside KOMPANs control equipment shall be delivered to project site as scheduled and equipment and materials invoiced at the time of delivery. Unless additional storage arrangements are made in writing between Customer and KOMPAN, additional costs may apply. • Unloading of equipment and materials shall be performed by the installation crews at the time of installation. If site is not ready for installation by cause outside of KOMPAN, it will be the responsibility of the Customer to off load and store equipment and materials at the project site. KOMPAN shall not be held liable for offloading costs,storage fees or equipment damage. • If site requires installation of a drainage system within the proposed playground area, playground equipment footing shall be installed prior to the installation of the drainage system and playground footing locations shall take precedence over drainage system requirements. • Site layout and dimensions shall be based of KOMPANs 2D drawing or CAD drawings. Customer to provide site"bench mark"to be used for layout and final elevation calculations. • Unless otherwise noted on KOMPAN's SP, proposal assumes that there are no Prevailing Wages requirement on the project. • Any additional costs which maybe incurred during installation shall be negotiated between Customer and KOMPAN in writing prior to the start of additional work. If written approval is not received during the time the installation crews are on-site, additional mobilization costs will apply. Exclusions(Unless Explicitly Stated in KOMPAN Sales Proposal): • Stamped engineered drawings/calculations or costs to secure permits are not included, if required these costs will be added as a change order payable to Kompan. • Demolition and off-site disposal of any existing equipment or site amenities. • Any sitework, including but not limited to grading,excavation outside playground equipment footing and soils compaction and testing. • Concrete work outside of play equipment footing requirements. • Relocation of any existing equipment. • Any required drainage system for playground area. • Third party testing of materials and playground installation. • Site landscaping or trimming of vegetation encroaching within the play equipment and safety zones. • Play area surfacing and base materials if not noted in KOMPAN proposal. • Installation of Poured in Place surfacing does not include the use of aliphatic binder,solid or custom colors. • Site security during Poured in Place surfacing cure time and any vandalism which may accrue during surfacing cure time. • Borders for play area surfacing containment. • Any required retaining walls for proposed play area. • Site storage for equipment. • Site safety fencing beyond standard four(4')foot orange construction fencing. • Utilities site location services and/or relocation of any underground utilities. • On site dumpster for disposal of shipping containers and general construction debris. • If applicable, primary electrical service, such as connection of primary power to KOMPANs ICON server box. Primary power is to be terminated within ICON server box by a licensed electrician.