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R2020-079 2020-04-27 RESOLUTION NO. R2020-79 A Resolution of the City Council of the City of Pearland,Texas, authorizing an interlocal cooperative agreement purchase of furniture, fixtures and equipment, associated with the Fire Station No. 8 Project, from the Luck Company in the amount of$50,992.69. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City obtained contract pricing for furniture, fixtures and equipment through the interlocal cooperative purchase contracts. Section 2. That the City Council hereby awards a bid to the Luck Company, in the amount of$50,992.69. Section 3. That the City Manager or his designee is hereby authorized to execute a contract for the purchase of furniture, fixtures and equipment for the Fire Station No. 8 Project. PASSED, APPROVED and ADOPTED this the 27th day of April, A.D. 020. TOM REID MAYOR ATTE T: CRY' AL ROAN, TRMC, CMC sQRNO,,''� CITY SECRETARY � � APPROVED AS TO FORM: -V e `L w_ 6/A__ / ,,,,,, DARRIN M. COKER ,,,,`, CITY ATTORNEY 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 II. Signatures Ill. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: The Luck Company PO Box 7768 Houston, TX 77270 Description of Services: Contractor will provide furniture, delivery and installation at Fire Station #8, for the City of Pearland, per NCPA and NIPA cooperative agreements and quote # AAAQ2589, Resolution # 2020-79. Contract Type: Unit Price Contract, Estimated Amount of$50,992.69. Effective Date: April 27, 2020 Termination Date: July 30, 2021 Renewal: No renewal options. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: CONTRACTOR: D,glcallysigned Oy Jofl Mcca,, John M c c a rt e r D = umand.,y w,c=us - I,• L C / Dam 2020.05.04 01333 23 usoa Assistant inance Director Date l—title: 2e / C=l� — Date: 5---- /— ZD L/ 41/ "':ned by. 'nate: c S--- 2 UZv City anager Assistant City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/Manager -$5,999 or less Director - S6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ Page 1 of 4 Ill. 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 respnnsihla 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 # AAAQ2589, NCPA Contract #07-50 and NIPA Contract #R142213 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 furniture, delivery and installation at Fire Station #8, for the City of Pearland, per NCPA and NIPA cooperative agreements and quote # AAAQ2589, Resolution # 2020-79. Pricing is as reflected on the attached quote. Fire Station #8 delivery address: 12255 Shadow Creek Parkway, Pearland, TX 77584. 4 a ". QUOTE �.,Yom.:*`` Number AAAQ2589 Date Apr 20. 2020 THE LOCK COMPANY Your Single Source for Commercial Furniture P. 0. Box 7768 HOUSTON,TX 77270, T. (713)527-0708 F. (71 3)634-2664 Name/Address City of Pearland Firestation#8 3519 Liberty Dr. Pearland, TX 77581 4iiiiiirTermijIIIIIINIIIIIII Due upon receipt scription RT London NCPA Contract#07-50 Single XL Twin bed frame in Cocoa on Maple. 15 $389.50 $5,842.50 contwouniminimminiiimmimmumi Under bed drawer storage. Essential large single drawer stacker 45 $169.69 $7,636.05 26"w x 24"d x 14.5" h Finish:Cocoa on Maple laminate RT London Freight to Houston 1 $3,175.00 $3,175.00 NB . ---...;.7-_;:,,,,..„..--,-,... OFS National IPA Contract#R142213 NM AIMIIIIMIIIIIIINIMIIIIIIIIIIIIIIIIIIIIIIIIIII Lynx armed chair: Dorm room and guest chairs with black frame, Mayer Pastime 21 $304.64 $6,397.44 Godiva upholstery 111111111111111.1111.1111 Genus task chair with black elastomer back, Black adjustable arms, body balance 8 $539.70 $4,317.60 mechanism, seat slider, lumbar support, black base, grade 7 upholstery on the seat:Mayer Pastime/Godiva Heidi bar stool-black wood finish,cushion upholstery:Mayer Pastime/Godiva 7 $490.14 $3,430.98 upholstery Continued On Next Page... Page 1 of 2 ;Description Qty Cost Total Treatment Room chair.Quickstacker Black poly seat and back, with arms, swivel 1 $233.94 tilt. Lado armless guest chair in black finish,with black poly seat and back. 4 $130.62 $522.48 20"round occasional table in Light cherry laminate with black 3"plinth on the 8 $571.20 $4,569.60 bottom Treatment table in black vinyl,with foot section and pad 1 $1,467.00 $1,467.00 AIS NCPA Contract#07-16 Office: 3 $2,312.31 $6,936.93 U group consisting of 72"single file/file pedestal credenza, 48"bridge, and 1- 72"x30"single box/box/file pedestal, 1-72"hutch with laminate doors, 1 tackboard in Perk/Dijon upholstery, 1 task light. 1 - 74" high bookcase. Finish on laminate casegoods: Dark Rum cherry Entertainment Center: 1 $520.17 $520.17 28"H x 18"D x 72"W -laminate credenza with 4 open cubbies, and 4 door cabinets. Laminate: Dark Rum cherry Receive,deliver and install during regular business hours, Mon-Fri, 8-5 1 $5,943.00 $5,943.00 NON-RETURNABLE / NON REFUNDABLE SPECIAL ORDER PRODUCT SubTotal $50,992.69 LEAD TIME AFTER ORDER IS RECEIVED BY TLC Tax $0.00 QUOTATION EXPIRES: Shipping S0.00 DATE: Total $50,992.69 APPROVAL SIGNATURE: Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of Complete Nos.1-4 and 6 if there are interested parties Complete Nos.1.2.3.5,and 6 if there are no interested parties OFFICE USE ONLY 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. The Luck Company 2020-614026 Houston,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 05/01/2020 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. R2020-79 Furniture,delivery and installation 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling J Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATIONtZyck_ /My name is /C��CY`/ / / ,/ and my date of birth is 5 /t0 - tp My address is 666 4 �5 SER 46 11./57T,t/ (street) (city) (state) (z)p code) (country) I declare under penalty of pe,41/972,e/.5rjury thata/ the foregoing is true and correct. ,41/972,e/.5Executed in C{S County, State of j/( on the / day of 1/ ,20 Za (ma/1t (year) 41110 Sign. . -of autho •d agen of contrac business ens. (Declarant Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CORD A CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD YYYY) 020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE5/ CERTIFICATE HOLDER.ETHIS 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 policy(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 CONTACT Brady, Chapman, Holland&Associates NAME: Stephanie Hoffman PHONE 190 North Loop West, Suite 200 lac.No.Extl:713-979-9752 1 2 , P.O.Box 922019 E-MAILDRSS: ecertsabch-insurance.Com Houston TX 77018 INSURER(S)AFFORDING COVERAGE NAIC• INSURER A:Continental Casualty Co.(CNA) Y0443 INSURED --- Houston Installation Services, Inc. INSURER e:Valley Forge Insurance Co. 20508 421 W. Crosstimbers St. INSURER C:Texas Mutual Insurance Co 22945 Houston TX 77018 INSURER O:Continental Insurance Company 35289 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1928431927 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OF INSURANCE INSD WVD I POLICY NUMBER POLICY EFF T POLICY EXP B X COMMERCIAL GENERAL LIABILITYIMM/DD/YYYY) (MM/DD/YYYY)' UNITS 1/31/2020 1/31/2021 EACH CLJ11MS-mADE X OCCUR DAMAGE RE ED t 1,000,000 PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL 8 ADV INJURY_ $1,000,000 GEM.AGGREGATE UMITAPPLIES PER: GENERAL AGGREGATE 52,000,000 POLICY I X I JJPECOT I I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER $ B AUTOMOBILE LIABILITY 5099292758 1/31/2020 1/31/2021 •COMBINED nSINGLELIMIT X ,ANY AUTO _(Ea BINEDtj $1,000,000 BODILY INJURY(Per person) S OWNED SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-0WNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY -.(Per cadent) $ • $ D HUMBRELLA LIAB �X !OCCUR 5099292775 1/31/2020 1/31/2021 EACH OCCURRENCE S 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONS 1nnnn $ C WORKERS COMPENSATION 00010854041/31/2020 1/31/2021 'X PER AND EMPLOYERS'UABIUTY YIN STATUTE ERS 'NYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OF FICER,MEMBER EXCLUDED? n N/A (Mandatory In NH) If yes.descnbe under EL.DISEASE-EA EMPLOYEE S 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Installation Floater C5099339318 1/31/2020 1/31/2021 $1,500,000 Any 1 Job Site Risks of Direct Physical Loss I $1.500.000 Maximum $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The policy includes Blanket additional insured on the general liability per form CNA75079(1/15)and automobile per form CNA63359 with a waiver of subrogation on the general liability per form CN75008(1/15),automobile per form CNA63359 and workers compensation per form WC 42 03(04 B),when required by written contract. The General Liability contains a special endorsement with primary and non-contributory wording per form CNA74705(1/15)when required by written contract.Host Liquor Liability is included on the General Liability per form CG0001 (04/13).The Excess follow form as specifically set forth in the terms,conditions or endorsement of the policy per form CNA75504XX 03 15 Workers Compensation has a 30 Day Notice of Cancellation per form WC420601. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Dr Pearland TX 77581 AUTHORIZED REPRESENTATIVE 57:ati &4441 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD