HomeMy WebLinkAboutR2022-202 2022-12-05DocuSign Envelope ID: EOAAAO6D-261D-48C2-AFD2-3BB3403B0AF7
RESOLUTION NO. R2022-202
A Resolution of The City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to participate in a
cooperative purchase agreement with Sourcewell for the purchase and
installation of shade structures (Park Equipment Recapitalization Project),
in the amount of $408,882.20, from USA Shade & Fabric Structures.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is hereby authorized to participate in a
cooperative purchase agreement with Sourcewell for the purchase and installation of shade
structures, in the amount of $408,882.20, from USA Shades.
PASSED, APPROVED and ADOPTED this the 5th day of December, A.D., 2022.
DocuSigned by:
J I tvlui 9 ;G2LE
MAYOR
ATTEST:
DocuSigned by:
FR Ka GUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
,-DocuSigned by:
E13CAS1ieBB1F 6
DARRIN M. EOKER
CITY ATTORNEY
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
SERVICE CONTRACT NO. #C0922-61
Park Equipment Recapitalization (FY23) Shade Structures
THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home -
rule municipal corporation ("City") and Contractor ("Contractor"), and consisting 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: Shade Structures, Inc.
PO Box 734158
Dallas, TX 75373
Description of Services: Contractor will provide City of Pearland with materials, delivery, and
installation of shade structures at four City parks, services as needed, in
accordance with specifications of Sourcewell contract #010521-LTS-6.
Contract Amount: $408,882.20
Effective Date: 11/21/2022
End Date: 02/17/2025
Renewals: Not applicable
Resolution No/Bid No: R2022-202
II. Signatures.
plIYAERFARLAND cor7Tp
M CST
12/6/2022 I 11:28 A
ytl l2btlt2ttl, 42b...
Purchasing Officer
p—DocuSigned by:
r000D12 C74C423
Date Title: Vice President
12/6/2022 I 12:54 P'T 11/28/2022
IGI-1
*Signed by: Date
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority:
Superintendent/Manager — up to $10,000
Director - $10,001 - $30,000
City Manager/Deputy/Assistant City Manager - $30,001 +
City Council Resolution over $50,000
Service Contract Standard Form
Approved as to Legal Form 6.28.2021
Page 1 of 7
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for
Bid/Proposal or Quote No. 641-21 ("Solicitation"), which Solicitation includes the required scope of
work and all specifications and which Solicitation and the Contractor's bid or proposal response, as
applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if
each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Contract is for 210 calendar days, with performance commencing upon the
effective date or the date of issuance of the notice to proceed issued by the Contract
Administrator or the Purchasing Division, or upon the performance date listed in the notice to
proceed, whichever is later. The parties may mutually extend the Term of this Contract for up
to 0 additional one-year periods ("Option Period(s)"), provided, the parties do so by written
amendment prior to the expiration of the original term or the then -current Option Period. The
City's extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Contract is for an estimated amount of $408,882.20,
subject to approved extensions and changes. A 10% deposit is due upon issuance of Notice
to Proceed. Payment will be made for Services completed and accepted by the City within
thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is
incorporated, in its entirety, by reference into this Contract. Any amount not expended during
the initial term or any option period may, at the City's discretion, be allocated for use in the next
option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
Email: accountspayable@pearlandtx.gov
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City's Contract
Administrator for this Contract is as follows:
Name: Vanessa Elam
Department: Finance
Phone: 281-652-1790
Email: velam@pearlandtx.gov
5. Insurance; Bonds.
(A) Before performance can begin under this Contract, the Contractor must deliver a
Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the
City's Contract Administrator. Additionally, the COI must state that the City shall be
provided no less than thirty (30) days' advance written notice of cancellation, material
Service Contract Standard Form Page 2 of 7
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
change in coverage, or intent not to renew any of the policies. The City must be named
as an additional insured. The City Attorney must be given copies of all insurance
policies within ten (10) days of the City Manager or his designee's written request.
Insurance requirements are as stated in Attachment C, the entirety of which is
incorporated by reference into this Contract.
(B) Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Contract. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract.
6. Purchase Release Order. For multiple -release purchases of Services provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Services to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
of the department or division. The purchase release order shall refer to this Contract, and
Services shall not be rendered until the Contractor receives the signed purchase release
order.
7. Inspection and Acceptance. City may inspect all Services and products supplied before
acceptance. Any Services or products that are provided but not accepted by the City must be
corrected or re -worked immediately at no charge to the City. If immediate correction or re-
working at no charge cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including additional costs
over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of
receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is attached to this is incorporated into this
Contract.
(C) Contractor warrants that all Services will be performed in accordance with the standard
of care used by similarly situated contractors performing similar services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule
are estimates only and do not obligate the City to order or accept more than the City's actual
requirements nor do the estimates restrict the City from ordering less than its actual needs
during the term of the Contract including any Option Period. Substitutions and deviations from
the City's product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year ofthe
City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract as an expenditure in said budget, and it is
within the sole discretion of the City's City Council to determine whether or not to fund this
Service Contract Standard Form Page 3 of 7
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
Contract. The City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor shall perform all work required by this Contract as an
independent contractor and will furnish such Services in its own manner and method, and
under no circumstances or conditions will any agent, servant or employee of the Contractor
be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts
or utilize the services of subcontractors unless the subcontractors were identified in the
bid/quote/proposal or approved by the Contract Administrator. An installation subcontractor
will be used.
13. Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this Contract
waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
16. Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day
after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn: Morgan R Early
Title: Project Manager
Address: 2016 Old Alvin Rd, Pearland, TX 77581
Phone: 281-652-1734
IF TO CONTRACTOR:
Shade Structures, Inc.
Attn: Jared Angelica
Title: Senior Regional Manager
Address: 2580 Esters Blvd., Ste. 100, DFW Airport, TX 75261
Phone: 713-254-8861
17. 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 CONTRACTOR 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
Service Contract Standard Form Page 4 of 7
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
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.
18. 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.
19. 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.
20. Termination.
(A) 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.
(B) 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 shall provide 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
pursuant 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.
21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the
owner's manual and/or preventative maintenance guidelines or instructions if available for any
equipment purchased by the City pursuant to this Contract. Contractor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total
amount of compensation listed in this Contract. In no event shall the City be liable for
incidental, consequential or special damages.
23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold consent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever.
24. Severability. Each provision of this Contract is considered to be severable and, if, for any
reason, any provision or part of this Contract is determined to be invalid and contrary to
Service Contract Standard Form Page 5 of 7
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
A. this Contract (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of
Interested Parties" as part of this Contract if required by said statute for items approved by
the City Council.
27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas.
28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract. This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
29. Public Information Act Requirements. This paragraph applies only to Contracts that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
30. Entire Agreement. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV. Special Terms and Conditions. None
V. Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment C1 -C3: Bond Forms
Attachment D: Warranty Requirements
Service Contract Standard Form
Approved as to Legal Form 6.28.2021
Page 6 of 7
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/Quote No. 010521
Exhibit 1A: No. 010521-LTS Price List
Exhibit 2: Contractor's Bid/Proposal Response
Service Contract Standard Form Page 7 of 7
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
PRICE
PRICE
ATTACHMENT A - SCOPE OF WORK
Scope of services provided shall consist of the contractor furnishing and installing shade structures and fabric
at Aaron Pasternak Park, Centennial Park, South Gate Park, and Cypress Village Park for the City of Pearland.
Pricing is as reflected on the attached quote.
IIFIITIMAGE UNIT DETAILS
Unit Quantity:
2
Base Attachment:
N/A
Unit Type:
Hip
FootingType:
PIH
Structure Size:
24X28,16X16
Anchor Bolts:
No
Entry Height;
9, 12
ConcreteCutting:
No
No of Columns:
No of Fabric Tops:
Fabric Type:
4
1
Shadesure
Dirt Removal:
Yes
NOTES
Fabric Color:
TBD
Steel Finish:
Powder coat
See Below
Steel Color:
Electrical Provisions:
Cable/HOW Finish:
TBD
N/A
N/A
Concept No:
Aaron Pasternak Park
24 X 28 X 12 $7,909.00
16X16 X9 $5,207.00
UNITIMAGE
UNIT DETAILS
Unit Quantity:
2
Base Attachm
N/A
Unit Type:
Full Cantilever
FootingType:
Recessed baseplate
Structure Size:
18 X 27
Anchor Bolts:
Yes
Entry Height:
9
ConcreteCutting:
No
No of Columns:
No of Fabric Tops:
Fabric Type:
2
1
Shadesure
Fabric Color:
TBD
Steel Finish:
Powder coat
See Below
Steel Color:
Electrical Provisions:
Cable/HDW Finish:
TBD
N/A
N/A
Concept No:
Dirt Removal:
NOTES
Yes
Centennial Park -Main Playground -
Option 2
Units price $24,764.00
Anchor bolts $1,290.00
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
PRICE
I) N IT IS'LA GE
UNIT DETAILS
Unit Quantity:
3
Base Attachment:
N/A
Unit Type:
Full Cantilever
Footing Type.
N/A
Structure Size:
18X36, 15X15
Anchor Bolts:
N/A
Entry Height:
10
Concrete Cutting:
N/A
No of Columns:
2
No of Fabric Tops:
Fabric Type:
1
Shadesure
Dirt Removal:
N/A
NOTES
Fabric Color:
TBD
Steel Finish:
Powder coat
See Below
Steel Color:
Electrical Provisions:
Cable/HDW Finish:
TBD
N/A
N/A
Concept No:
Centennial Splash Pad
Unit Price 18X36 $14,160.00
Anchor bolts $645.00
Units Price 15X15 $19,898.00
Anchor Bolts $1,252.00
UN TF IMAGE
UNIT DETAILS
Replacement fabric with new cable
and hardware and new hip unit
i,Zt1
Unit Quantity:
1
Base Attachment:
N/A
Unit Type:
Hip fabric and Hip
Footing Type:
PlH
Structure Size:
30X 32, 26 X39
Anchor Bolts:
No
Entry Height;
9,11
Co nc rete Cutting:
No
No of Columns.
No of Fabric Tops:
Fabric Type:
4
1
Shadesure
Dirt Removal:
Yes
NOTES
Fabric Color:
TBD
Steel Finish:
Powder coat
PRICE
See Below
Steel Color:
Electrical Provisions:
Cable/HDW Finish:
TBD
N/A
N/A
Concept No:
Cypress Village
Replacement fabric $2,400.00
New Unit price 26X39 $ 13,792.00
UNIT IMAGE
UNIT DETAILS
"11111.N.
Unit Quantity:
3
Base Attachment:
N/A
Unit Type:
Two post hip, hip,
custom Trail head
Footing Type.
PI H
Structure Size:
14X22, 16X12
Anchor Bolts:
ND
Entry Height:
9
Co nc rete Cutting:
No
No of Columns:
No of Fabric Tops:
Fabric Type:
2, 4
1
Shadesure
Dirt Removal:
Yes
NOTES
Fabric Color:
TBD
Steel Finish:
Powder coat
PRICE
See Below
Steel Color:
Electrical Provisions:
Cable/HDW Finish:
TBD
N/A
N/A
South Gate playground
Unit price 14X22 $5,577.00
Units price 16X12 $8,350.00
Unit price trailhead $8,209.00
Concept No:
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
PRICE
PRICE
UNIT IMAGE
UNIT BEMIS
Unit quantity:
2
Base Attachment:
N/A
Unit Type:
Full Cantilever
FootingType:
Recessed baseplate
Structure Size:
18 X 27
Anchor Bolts:
Yes
Entry Height:
No of Columns:
9
ConcreteCutting:
No
No of Fabric Tops:
Fabric Type:
2
1
Shadesure
Dirt Removal:
Yes
NOTES
Fabric Color:
TBD
Steel Finish:
Powder coat
See Below
Steel Color:
Electrical Provisions:
Cable/HDW Finish:
TBD
N/A
N/A
Centennial Park -small playcr::!u ci
Units price $24,764.00
(Anchor bolts $1,290.00
Concept No:
UNITIMAGE
UNIT DETAIIS
Unit quantity:
12
Base Attachment:
N/A
Unit Type:
Full Cantilever
FootIngType:
Recessed baseplate
Structure Size:
14X2O,14X24
Anchor Bolts:
Yes
Entry Height:
10, 11
ConcreteCutting:
Yes
No of Columns:
No of Fabric Tops:
Fabric Type:
2
1
Shadesure
flirt Removal:
Yes
NOTES
Fabric Color:
Royal Blue
Steel Finish:
Powder coat
See Below
Steel Color:
Electrical Provisions:
Cable/HDW Finish
TBD
N/A
N/A
Concept No:
Centennial ball fields 1-4, 5,6
Units Price 1-4 $82,048.00 (14X20X10)
Anchor bolts $5,160.00
Units Price 5,6 $43,796.00 (14X24X11)
Anchor bolts $2,580.00
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
ATTACHMENT B - BID/PRICING SCHEDULE
0 USASHADE
& Fabric Strueturos.
PIRICINGTOTALS:
PAYMENT TERMS:
(1) Upon execution of the Agreement (Deposit)
10%
Units Total
MEN=
Upon delivery Units)
30%
Anchor bolts
$11,894.00
(2) of
60%
Shipping/Handling
$9,000.00
(3) Upon completion of assembly/installation
Other
$254,492,04
(4) (specify):
SUBTOTAL
Sales Tax
Tax Exempt
NOTES:
(8.2596}
Performance and bond (added to total)
Installation
$154,391.00
payment
TOTAL PRICE
$4O8,882,20
' • ;s '
• r I .l * 4,
NOTES
Building Code
WindLoad
Snow Load
DrawingSize
No, of Sealed Drawings
0
CaIculations Required
YES NO
INCLUSIONS / EXCLUSIONS
INCLUDED
EXCLUDED
ENGINEERING REQUIREMENTS
INCLUDED
EXCLUDED
INSTALLATION - MISCELLANEOUS
X
Seated Drawings&Calculations
A
PreaailingWage/Certified Payroll
X
Permit Submittal
X
UnionWages
X
Permit Fee
X
Fencing
X
DSA Submittal
X
CurbRepair
X
OSA Fee
X
LandscapeRepair
X
Foundation Design &Engineering
X
Demolition (Existing5tructures)-splashpad
X
Special Inspection Fees
X
Payment and Performance Bonds
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
Attachment C
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Purchasing Department
281.652.1775
ebids(�pearlandtx.gov
Contractor Insurance Requirements & Agreement
Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a
certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions
identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project
have the same types and amounts of coverages as required herein or that the subcontractors are included under the
contractor's policy.
All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact
business in the State of Texas and must be acceptable to the City of Pearland.
Listed below are the types and amounts of insurances required. The City reserves the right to amend or require
additional types and amounts of coverages or provisions depending on the nature of the work.
TYPE OF INSURANCE
AMOUNT OF INSURANCE
PROVISIONS
1.
Workers' Compensation
Employers' Liability (WC)
Statutory Limits
$1,000,000 per occurrence
For WC, CGL, and BAL, the City is
to be provided a WAIVER OF
SUBROGATION.
CGL and BAL, City to be listed as
additional insured and provided 30 -
day notice of cancellation or material
change in coverage.
WC, CGL and BAL, City shall be
provided 30 -day notice of
cancellation or material change in
coverage.
CGL will include a non-contributory
addendum.
2.
Commercial General (Public)
Liability (CGL) to include coverage
for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent Contractors
d) Personal Injury
e) Contractual Liability
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence;
General Aggregate - $2,000,000
3.
Business Auto Liability (BAL) to
include coverage for:
a) Owned/Leased vehicles
b) Non -owned vehicles
c) Hired vehicles
Combined Single Limit -
$1,000,000
f the contract involves a professional service, the contractor will also be required to provide the City with professional
liability insurance in an amount of at least $1,000,000.
Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions
regarding required insurance should be directed to City of Pearland Purchasing Department, at
ebids@pearlandtx.gov.
This form must be signed and returned with your bid/quotation. You are stating that you do have the required
insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of
insurance policy with the above requirements to the City. A purchase order will not be issued without
evidence of required insurance.
Agreement
I agree to provide the above described insurance coverages within 10 working days if selected to perform work for
the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors
performing work on the project.
Project/Bid# SERVICE CONTRACT NO. #C0922-61
Company: Shade StructureInc.
Signature and Printed Name: ��
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
Section 00610 - ATTACHMENT C1
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That
of the City of , County of
and State of Texas, as principal, and authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as
Obligee (Owner), in the penal sum of $ for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day
of , 20_, (the "Contract") to commence and complete the construction
of certain improvements described as follows:
Park Equipment Recapitalization
Aaron Pasternak, Centennial, South Gate & Cypress Village Parks
City of Pearland, Texas
COP PN: PK2201
which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof
as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the
covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be
observed and performed, and according to the true intent and meaning of said Contract and Contract Documents,
then this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code as amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Statute to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder.
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of
, 20
Principal: Surety:
By: By:
Title: Title:
Address: Address:
Telephone: Telephone:
Fax: Fax:
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE
SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -
FREE TELEPHONE NUMBER; 1-800-252-3439.
END OF SECTION
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
Section 00611 - ATTACHMENT C2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That
of the City of , County of
and State of Texas, as principal, and authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as
Obligee (Owner), in the penal sum of $ for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day
of , 20_, (the "Contract") to commence and complete the construction
of certain improvements described as follows:
Park Equipment Recapitalization
Aaron Pasternak, Centennial, South Gate & Cypress Village Parks
City of Pearland, Texas
COP PN: PK2201
which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof
as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said
Contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code as amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Statute to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder.
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day
of
Principal:
20
Surety:
By: By:
Title: Title:
Address: Address:
Telephone: Telephone:
Fax: Fax:
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE
SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -
FREE TELEPHONE NUMBER; 1-800-252-3439.
END OF SECTION
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
Section 00612 - ATTACHMENT C3
ONE-YEAR MAINTENANCE BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That
of the City of , County of
and State of Texas, as principal, and authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as
Obligee (Owner), in the penal sum of $ for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day
of , 20_, (the "Contract") to commence and complete the construction
of certain improvements described as follows:
Park Equipment Recapitalization
Aaron Pasternak, Centennial, South Gate & Cypress Village Parks
City of Pearland, Texas
COP PN: PK2201
which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
correct all such work not in accordance with the Contract Documents discovered within the one-year period from
the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas
Government Code as amended and all liabilities on this bond shall be determined in accordance with the
provisions of said Statute to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder.
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of
, 20
Principal: Surety:
By: By:
Title: Title:
Address: Address:
Telephone: Telephone:
Fax: Fax:
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE
SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -
FREE TELEPHONE NUMBER; 1-800-252-3439.
END OF SECTION
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
ATTACHMENT D - WARRANTY
Services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code
and be free from all defects in material, workmanship and title.
Statement of Limited Warranty
1. The structural integrity of all supplied steel is warrantied for ten years.
2. If assembly is provided by the Company, workmanship covering the labor for the removal, assembly and cost
of shipping will be covered for one year.
3. All steel surface finishes are warrantied for one year.
4. Shadesure TM, Colourshade e FR, Extreme 32T", Commercial 95T", SaFRshadeTM and Monotec 370T" fabrics all
carry a ten-year limited manufacturer's warranty against failure from significant fading, deterioration,
breakdown, outdoor heat, cold or discoloration. Should the fabric need to be replaced under the warranty, the
Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter
pro -rated at 20% per year over the last four years. The following are exceptions to the preceding warranty
terms:
a. Shadesure1" fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive and
Mulberry carry a five-year pro -rated warranty;
b. Fabric canopies attached to CoolbrellaTM structures carry a three-year warranty;
c. Individual canopy tops measuring greater than 40' in length are covered by a non -prorated five-year
warranty;
d. Precontraint 502w waterproof material is subject to an a -year pro -rated warranty
5. Thread is warrantied for ten years.
General Limited Warranty Terms and Conditions
• These limited warranties are effective from the date of sale, or, if installation is provided by the Company,
upon date of completed installation.
• At its sole discretion, the Company will repair and or/replace defective structures, products or workmanship,
or refund that portion of the price related to the defective product, labor or service rendered.
• The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the
Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company
does not warranty that any particular color will be available for any period of time, and reserves the right to
discontinue any color for any reason, without recourse by the Purchaser or Owner of the continued fabric
color.
• Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the
new owner without a complete and thorough on -site inspection performed by a Company representative.
Please contact the company at warranty@usa-shade.com for more details.
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
• All warranty claims covering Company supplied structures, products and services must be submitted by
Purchaser or Owner in writing to the Company within ten days from the date of discovery of the alleged defect
and must include a detailed description and photographs of the alleged defect or problem. Warranty claims
should be submitted by email to: warranty@usa-shade,com.
• Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the
City or County of Dallas in the State of Texas, USA.
• These limited warranties are void if:
the supplied structures, products, services and/or labor are not paid for in full;
the structures are not assembled in strict compliance with USA SHADE specifications when
installation is not performed by USA SHADE;
O any changes, modifications, additions or attachments are made to the structures in any way, without
prior written approval from the Company and unless specifically engineered by the Company.
• These limited warranties do not cover defects and/or damages caused by:
normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e.
tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
ice, snow or wind loads in excess of the designed load parameters engineered for the supplied
structures;
o use, maintenance, neglect, repair and/or service inconsistent with the Operation and Maintenance
Manual.
• The limited warranties explicitly exclude:
workmanship related to assembly not provided by the Company or its agents;
o fabric curtains, valances and flat vertical panels;
o fabric canopies installed on structures that were not engineered and originally supplied by the
Company;
Normal variations in the appearance of galvanized steel.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR
PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN
CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR
SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR
ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.
• THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY'S PRODUCTS AND
SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES OF MERCHANTABIUTY AND FITNESS FORA PARTICULAR USE OR PURPOSE, AND ANY IMPLIED
WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY
ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR
ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
Calourshade e and Extreme 32" are registered trademarks of Multiknit Pty. Ltd.
Commercial 95" and SaFRshade'" are registered trademarks of Gale Pacific USA Inc.
Mon otec 370'" is a registered trademark of PRO -KNIT Industries Pty_ Ltd.
Precontraint 502'" is a registered trademark of Serge Ferrari North America, Inc.
DocuSign Envelope ID: 3CF282E9-A0EA-403E-9FA2-CA49A82E735A
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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
Certificate Number:
2022-958773
Date Filed:
11/28/2022
Date Acknowledged:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Shade Structures, Inc.
Coppell, TX United States
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Pearland
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.
Park Equip Recap FY22
installation of shade structure
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
PlayPower, Inc.
Huntersville, NC United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is David Schneider , and my date of
birth is
,
12/27/1979 .
My address is 2580 Esters Blvd Ste. 100 , DFW Airport , TX
75261 , USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of TX , on the 28day of Nov 20 22
(month) (year)
C
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V3.5.1.eb87ef42