R2020-167 2020-09-14 RESOLUTION NO. R2020-167
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 Woody Park Playground Replacement Project,
with McKenna Contracting, in the amount of$140,000.00.
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 Woody Park Playground
Replacement Project, with McKenna Contracting, in the amount of$140,000.00.
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 Woody Park Playground Replacement Project.
PASSED, APPROVED and ADOPTED this the 14th day of September, A.D., 2020.
TOM REID
MAYOR
ATT T:
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C STAL ROAN, TRMC, CMC :V;• `,I
CITY SECRETARY `kr _
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No.R2020-1fi7
r� i y ofPearlandExhibit..A"
°. ° .4�'., 3519 Liberty Drive
'`' is ;- ,," .. 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
III. Standard Contractual Provisions
' IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
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Contractor: ' McKenna Contracting,
1936 Old Holzwarth Rd :
Spring, Texas 77388
Description of Services: Contractor will provide demolition, specified equipment, and
installation of Woody Street playground equipment services,for the
City of Pearland, as needed, per the specifications of Woody Road
Park quote via BuyBoard # 592-19 and per Resolution #R2020-
167
Contract Type: Unit Price Contract, Estimated Amount of$140,000.00.
Effective Date: 09/14/2020
Termination Date: 11/30/2020 .
Renewal: No renewal options available, upon the mutual agreement of both
parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY O EARLAND: a� CU ; C OR:
dget/Purc :*
acing Manager Date itle . t't�a .
�/ `` Date: t• -
T
r ..41......_
*Sign'may: ,ate- a"5 5y14- a W
City 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
Ill.Standard Contractual Provisions.
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A. Definitions. •
Contract means this Standard Services Contract
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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
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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 bythe 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. f
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 response to Woody Road Park quote shall be construed as additional '-
contract documents: .
2. Executed Contractor insurance Requirements It 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.
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EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES pp
Scope of services shall consist of the contractor providing demolition,,manufacturing, and installation
of playground equipment services for the City of Pearland, as needed, per the specifications of
Woody Road Park. Pricing is as follows per contractor's response to the same, as listed below:
t ,
Fl-.. l�
( t i Gi McKenna Contracting,Inc.
1936 old Holzwaitb P d,Sprig TX 77388
cc�=r cs>o (281)687-0384 office (281)907-6578 t
' Erna:utndragmckennecontractinznet
July 29,2020
PROPOSAL
We hereby=bo it pe ificar:co:and o;amat jot:•
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City of Pearland
Woody Road Park Replacement of Park equipment
Playsround equipment
Removal of playground equipment S 3,500 • ,
Superniax unit#656-132276 128,796 •
Freight from manufacturer to jobsite 5,505
Installation of all playground equipment 32,200
install drain pipe within the use zone and polytimber borders 4.476
Playground safety surfacing—IPEMA certified EWF 125 cuyd 55_750
Total $180,227 • •
Discount for BuyBoard Contract -40.227
• Net $ 140,000 •
Safety equipment and mafer al to be pm.-Ided by lt'fkKenna Contracting.
Prices provided include all equipment,freight and delivery,installation
E.vpacted delivery time 0..,.point of order is expected at 30 45 days and is not guaranteed by nianncactwing plant
All equipment elsipa direct Eons nsa:mfachuing plant to liovstou.
All posts are u lled in corm*24=-40"below snrfate. Call before you dig guidelines will be adhered to by
installer,properly trill be marked by local utility companies 5 days fore -Wed instal. !smaller as men prapsny
is built•up with fill dirt and no large rocks within desipated area. 1a the eventaveraae&seeine lima l,aa esrceded,
arms will be aloof ed of situation and solution,ad lit+rns+l charge may he ass e and Landon on property will be
finalized by oar ofpmper •one week prior to solsedule of installation.
Not included ice proposal-moving of utilities,trees,landscaping or equi maent.
No eha'+gee to desip9,color or order of equipment once order has bean place;#. • }
All debris to he removed*ors jobaite as needed and completely.
Sates tax to be added to invoice,unless sales tan a cemption fonts is paged
Terms:5014 dotssipayment at time of contract signing and remainder upon installation of equipment
Color ofplay£sondraustbe selected at time ofordering K•Inn ni ent
"Where Do the Children Play?".
n_ , t t
oar s BuyBoard S9219 Contract
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