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R2021-130 2021-06-28RESOLUTION NO. R2021-130 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for furnishings, associated with the Orange Street Service Center Project to The Luck Company, in the amount of $386,625.13. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City has obtained contract pricing for furnishings through the National Cooperative Purchasing Alliance (NCPA) and OMNIA Partners. Section 2. That the City hereby awards a contract to The Luck Company, in the amount $385,322.31. Section 3. The City Manager or his designee is hereby authorized to execute a contract for furnishings associated with the Orange Street Service Center Project. PASSED, APPROVED and ADOPTED this the 28th day of June, A.D., 2021. 42<1 J IN COLE YOR YST ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: 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 III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: The Luck Company P.O. Box 7768 Houston, Tx 77270 Description of Services: Contractor will provide furniture, fixtures and equipment (FF&E), for the Orange Street Service Center in accordance with the quote dated 06/04/2021 and resolution R2021-130. Contract Type: Unit Price Contract, Estimated Amount of $386,625.13. Effective Date: 07/01/2021 Termination Date: 10/31/2021 Renewal: No renewal options available. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: / Purchasing Officer 7 CONTRACT 6.30.2021 Date Title: Date: *Signed by: D. e: / ✓- l.� 7 4.- City Manager Deputy/ • ssistant City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/Manager -$5,999 or Tess Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 to $50,000 City Council Resolution - $50,000+ Page 1 of 6 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 AAAQ2724 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 will provide furniture, fixtures and equipment (FF&E), for the Orange Street Service Center in accordance with the quote dated 06/04/2021 Pricing is as follows per contractor's response to the same. as listed below: Description AIS Omnia Contract #R191801 Total 84-,21-' p ,";-a •i,-.. G 'at'c :Jrrq S'rxd air r;�'� Auburn conference chair in grey faux leather 144) Matnx Stations i18) Manager s stat.on with locking. siding doors. sizes vary due to window locations. 1 - 30"x84' worksurface. 1 - 48' or 42" bodge. 1 - 24'x84" credenza with 2 storage pedestals. 1 6' open bookcase. no overheads. Each station will have a wt-iteboard hie opposite the bodge i5i Managers station with locking, sliding doors, 1 30" x 84" work surface, 1 42".48" bridge. 1 24-x120' credenza with an open bookcase under the work surface, and a 2 drawer lateral file under the work surface and 1 box boxtile pedestal Each station will have a whrteboard tile opposite the bridge. i21) Approx 9'x9' U shaped stations each wrtn 1 box boxifile storage pedestal. 1 box file pedestal with cushion on top. Fabric for cushion: Silicone Avail Academy 3 overheads in each station with a task light. and 1 whdeboard file Finishes: Pant. Dark Tone Panel Fabric Skmotiaty Stone Laminate: Trytoo Savatre Bo ton 'ask chair n black fabric on the seal. blade mesh back. weight balance mech. adjustable arms, black base. 5' cyt+nder. standard carpet casters Paxton guest chair in black seat. Wade mesh back. 5309 32 Si 237 28 1 1 5221.360.76 5221.360.76 36 $286.75 15 592.50 36' round bar height table with standard laminate: Trytoo Savatre top. Standard 1 $197.64 paint finish: Dark Tone 30- round bar height table with standard Iamstate: Trytoo Savatro top. Standard 1 5184.32 paint finish: Dark Tone 1 51.780.61 (2) LB Lounge !ovesoats with mid -height back. Upholstery. Seats: Silicone Avail Academy Backs: Frequency'Saphire Laminate finish: Trytoo Savatre S10.323.00 $1.387.50 $197.64 $184.32 $1.780.61 30' comer table in Tryloo Savatre tarninate. 1 $228.24 S228.24 SubTotai $241,456.75 OFS Omnia Contract #R191813 Pulse laminate U group consisting of the following t 72-x30' single pedestal box_boxiae desk. 1 48' bridge. 1 24-x72- single fdeirle pedestal credenza Standard laminate Steel grey 2 • 72' open bookcases in Steel grey laminate 4 $2.825.34 $11.301.36 42' round conference table in Steel Grey laminate. 1 .04 5656.04 20 $402.78 $8.055.60 4 $1,370.04 $5,480.16 X8O square end table with 3' plinth. In standard laminate: Steel Grey laminate. 2 $669.48 $1.338.96 Plinth in black laminate. Repose midback conference chair in grade 4 NishikUSiiver vinyl. Cubic lounge chair in grade 8 RippteBlue Arrow vinyl. Standard brushed aluminum legs. Layer podium with slate grey worksurface finish on desk top and lectern top. Chassis of lectern to be quarry laminate Lectern to have a locking door with adjustable shelf inside. Lectern to have power cutout. SubTotat SurfaceWorks NCPA Contract #07-46 1 $1.343.16 $1,343.16 $28,175.28 10' x 42' wide rectangular conference table in Peari Soapstone with (2) electrical boxes in brushed aluminum. and 3 panel bases with wire management. Bases in matching laminate. SubTotal 2 $2.981 96 $5.963.92 $5.963 92 Clarus NCPA Contract #07-22 $1,084.59 $9,761.31 r Freight 10 Houston $745 00 $745.00 SubTotal 510 506.31 KI Omnia Contract #R180402 .r. .-ttp-r• ,f .166, N.7 S2 466 87 55.500.00 Receive, deliver and install during regular business hours, Mon -Fri. 8 5. Irc;..oet, moving of casegoods and seating at portable building. and moving to new bu,Idino 568.645 00 568 64b Provide storage bins and reOcat,on contents and equipment from Hill House portable building to new building All end users are responsible for packing their own items. Any personal items and irreplaceable items should be taken home and brought back atter move to relocate. Demo and relCation of 16 workstations plus MiSC items. All product to be inventoned Storage location. TBD Storage of existing 16 stations currently in the portable buildings. Estimated 12 bays Storage for 24 months included. It storage exceeds 24 months. storage tee of $384 will be boiled monthly If 24 months of storage is not required. then a refund will be made for the unused n. 1 1 NON -RETURNABLE! NON REFUNDABLE SPECIAL ORDER PRODUCT LEAD TIME AFTER ORDER IS RECEIVED BY TLC QUOTATION EXPIRES: 7/302021 DATE: APPROVAL SIGNATURE 8-9 weeks $8.750.00 $8.750.00 $5.945.00 $9.216.00 SubTotal Tax Shipping $.5.945.00 $9 216 00 5386.625.13 $0 00 $0 00