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Home My WebLink AboutR2020-167 2020-09-14RESOLUTION 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 C STAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PEAR ;:moo.• ' •.�L„. U City of Pearland 3519 Liberty Drive Pearland, TX 77581 General Services Contract Resolution No. 82020-167 Exhibit "A" 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: Description of Services: Contract Type: Effective Date: Termination Date: Renewal: McKenna Contracting, 1936 Old Holzwarth Rd. Spring, Texas 77388 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 Unit Price Contract, Estimated Amount of $140,000.00. 09/14/2020 11/30/2020 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 0 EARLAND: y-)-q-atab et/Purc asin Manager Date g f /9 r *Signd 4y: ate` 2 5;y14- .1 �1.4) City Manager Assistant City Manager Director Superintendent/Manager Date: 0 3t• 24;O? -6 Q)fl f;ACjOR: itle: tat a *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 thisContract 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 ofdebt 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 Govemino and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contractin 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 thematter 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'sresponse to Woody Road Park quote 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,,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: F '�cetapca July 29, 2020 City of Pearland McKenna Contracting, Inc. 1936 Old Holxtiartlr Rd, Spring TX 77388 (281) 687-0384 office ( 281 ) 907-6578 fax Email ::8ndraa`R` ru a ocontractinzt PROPOSAL Wei cln=:Omit pe ificadoramad eaftpm&fa Woody Road Park Replacement of Park equipment. P1avaround equipment Removal of playground equipment S 3,500 Supetmax 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_?50 Total $1 80,227 Discount for BuyBoard Contract -40.227 Net $ 140,000 Safety equipment and matsisl to be pro vided by IslaKenna. Coninctinnp. Prices provided include all equipment, freight and delivery, installation Expected delivery time 0 point of order is expected at 30 - 45 days and is not guaranteed by manaractwing phut. All equipment slugs direct Eons manufacturing plant to Houston. Ali posts are mulled in oor,pe 24'-40' bluwr =fan. Call before you dig guidelines will be adhered to by installer, property will be mirkedby local utility companies 5 days for trIseehtied install !smaller as: men propene is built•up with fill dirt awl as large racks within desipated area. In die event acorae dizeeine lima itua exceeded, asses will be uotrfaed of situation and solution, ad$it+rnr.+i charge may ere gas ed "Scotian n all property will be finalized by on= of property one week prior to sobednle of installation. Not included in ;capon! -moving of utilities, trees, landscaping or equipment No Aa+ges to deap9, color or order of equipment once order has been placed. All debris to be temased.froro jobaite as needed and completely. Sates tax to be added to invoice, unless sales taxo+xenyvtion fonts is paged Terms: SO% dotsstpayrent at time of contract signing and remainder upon installation of equipment Color of piss} £sand rinstbe selected at time of ordering equipment . "Where Do the Children Play?". BuyBoard S92-10 Contract Board' 1 ll