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R2019-220 2019-11-11 RESOLUTION NO. R2019-220 A Resolution of the City Council of the City Of Pearland, Texas, authorizing participation in an interlocal agreement with Missouri City for the purchase of sidewalk and street stabilizing services from Concrete Raising Corporation, in the estimated amount of $330,000.00, for the period of November 1, 2019 through October 31, 2020. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That sidewalk and street stabilizing services from Concrete Raising Corporation, in the amount of$330,000.00, is hereby approved. Section 2. That the City Manager or his designee is hereby authorized to execute an agreement for the purchase of sidewalk and street stabilizing services. PASSED, APPROVED and ADOPTED this the 11th day of November, A.D., 2019. `,,,,query„,, TOM REID MAYOR �� ATT�TE� ,, ST: / { ,,, MARIACm ��RODRIjGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ofNO r1-44,` Resolution No. <7' City of Pearland R2019-220 it t x A S 3519 Liberty Drive e3 r. ,Rn' 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: Concrete Raising Corporation of Texas 10118 Moers Houston, TX. 77075 Description of Services: Contractor will provide sidewalk and street stabilizing services, for the City of Pearland, as needed, per the specifications of Missouri City contract#19-304, Resolution # R2019-220. Contract Type: Unit Price Contract, Estimated Amount of$330,000. Effective Date: November 18, 2019 Termination Date: November 19, 2020 Renewal: No renewal options available at this time, upon the mutual agreement of both parties. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF P�ARLAND: CTOR: B.•get/' hasin• Manager Date Title: -i / /• •• Date: V/V/`l' *igned • . Date: /( - v - r 5 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 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 response to Missouri City contract # 19-304 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 Sidewalk and street stabilizing services for the City of Pearland, as needed, per the specifications of Missouri City contract# 19-304. Pricing is as follows per contractor's response to the same, as listed on attached: IIIII 111111111ftwo..... =Nag 1 CITY Purchasing MISSCRE- I t X S 1522 Texas Parkway Phone: (281)403-8500 •how ow, ! Missouri City,Texas 77489-2170 www.missouricitytx.gov Contract Renewal to AGREEMENT NO. 19-304 for Concrete Pavement Lifting This amendment is made to the Agreement No. 19-304 previously executed by and between Concrete Raising Corporation (the "CONTRACTOR") and the CITY OF MISSOURI CITY(the 'CITY"). It is mutually understood and agreed by and between the undersigned contracting parties to amend the previously executed agreement as follows: SECTION III—Term and Termination Exercise the first renewal of this agreement through October 10, 2020 without increase. Except as modified and amended by the terms of this Amendment, all of the terms, conditions, provisions and covenants of the Agreement shall remain in full force and effect, and the Agreement and this Amendment shall be deemed to constitute a single instrument or document. Should there be any inconsistency between the term of this Amendment and the Agreement, the terms of this Amendment shall prevail. /1/ -t_ T/Z ,/ir Shannon Pleasant, CTPM S ashrKumar P.E, Director Procurement and Risk Manager Concrete Raising Corporation CITY OF MISSOURI CITY, TE S By . J4 ( Z By: ,/ `-GTen artel, Assistant City Manager Name: Daniel Chriss f Date: 9/21/2019 Date: ?� By: , /,f! 7-All! Anthony Snipe-' Cit / a ager ' Date: < O (�� if Agreement No. 19-304 Page 1 of 1 AGREEMENT/CONTRACT FOR CONCRETE PAVEMENT LIFTING (LOCAL CONTRACT NO, 19-304) STATE OF TEXAS § COUNTY OF FORT BEND § THIS AGREEMENT MADE, entered into and executed by and between the CITY OF MISSOURI CITY, a body corporate and politic under the laws of the State of Texas, hereinafter called "CITY", and Concrete Raising Corporation hereinafter called "CONTRACTOR" WHEREAS, the CONTRACTOR represents that it is fully capable of making and qualified to provide assistance to the CITY (or Client) and the CONTRACTOR desires to perform the same; NOW, THEREFORE,the CITY and the CONTRACTOR, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: SECTION I SCOPE OF AGREEMENT The CONTRACTOR agrees to provide concrete pavement lifting as outlined in EXHIBIT A, For having provided said services, the CITY agrees to pay the CONTRACTOR compensation as stated in the sections to follow, The terms and conditions of this Agreement shall take precedence over all attachments. Any terms and conditions attached to or Included in the Scope of Work by the CONTRACTOR are intentionally excluded from this Agreement and will not be enforceable against the CITY, SECTION Il CHARACTER AND EXTENT OF WORK The CONTRACTOR shall provide the services as defined in Section I. The CITY shall be under no obligation to pay for any additional services rendered without prior written authorization. SECTION TERM AND TERMINATION This AGREEMENT is effective October 12, 2018 and remains in effect for one (1) year from the effective date, unless sooner terminated under the terms of this AGREEMENT, Upon expiration of the Initial term on October 11, 2019, this AGREEMENT may be renewed for three additional one-year options with the same terms and conditions, The CITY reserves the right to terminate this contract at any time during the term of the contract, without cause, with a written thirty (30) days' notice to terminate and pay the contractor for work performed to date. SECTION IV COMPLIANCE AND STANDARDS The CONTRACTOR agrees to provide services hereunder in accordance with the generally accepted standards applicable thereto and shall use that degree of care and skill commensurate Local Contract No, 10-304 Page 1 of 12 Rev.06-2018 with the CONTRACTOR's trade or profession to comply with ail applicable state, federal, and local laws, ordinances, rules, and regulations relating to the services provided hereunder and the CONTRACTOR's performance. The CONTRACTOR shall and does hereby agree to indemnify and hold harmless the CITY, its officers, agents, and employees from any and all damages, loss, or liability of any kind, whatsoever, including, but not limited to, death, injury, or property damages, caused by the intentional, knowing, reckless, or negligent act or omission (hereinafter referred to as "fault") of the CONTRACTOR, its officers, agents, employees, invitees or other persons for whom It is legally liable, with regard to the performance of this Agreement, and the CONTRACTOR will, at its cost and expense, defend, pay on behalf of, and protect the CITY and its officers, agents, and employees against any and all such claims and demands. Such indemnity shall apply where the suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees arise In whole or in part from the fault of the CONTRACTOR. The indemnification provision shall survive the expiration or termination of the Agreement, Force Majeure. Neither the CONTRACTOR, its suppliers nor the CITY will be liable for any failure or delay In this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the negligence or willful misconduct of CONTRACTOR), provided that the delayed party; (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If the CONTRACTOR Is unable to provide services for a period of ten (10) consecutive days as a result of a continuing force majeure event, the CITY may cancel the services order without penalty. SECTION V THE CONTRACTOR'S COMPENSATION • For and in consideration of the services rendered by the CONTRACTOR pursuant to this Agreement, the CITY shall pay the CONTRACTOR the amount not exceed $1,00Q000,00, The City of Missouri City reserves the right to make changes in plans or specifications or to decrease or increase the quantity of work to be performed or materials equipment or supplies to be furnished. Change orders at the sole discretion of the City of Missouri City. The original contract price may not be increased by more than 25% without the consent of the contractor. SECTION Vi TIME OF PAYMENT Payment by the CITY to the CONTRACTOR shall be made as follows: The CONTRACTOR shall be provided a purchase order number from the CITY and such number shall be referenced on all invoices submitted to the CITY. The CONTRACTOR shall submit, to the appropriate CITY staff member, an invoice in a form acceptable to the CITY, setting forth the charges for the service provided which were delivered during such billing period, and the compensation which is due for same. The CITY contract manager shall review the same and approve it with such modifications, as deemed appropriate. The CITY shall pay each Invoice as approved by the CITY contract manager within thirty (30) days after receipt of a true and correct Invoice by the CITY. The approval or payment of any such invoice shall not be considered to be evidence of performance by the CONTRACTOR to the point Indicated by such invoice or of the receipt of or acceptance by the CITY of the services covered by such invoice. Local Contract No. 19-304 Page 2 of 12 Rev.08-2018 • Invoices shall be submitted via electronic mall to the following address! City of Missouri City Accounts Payable Office 1522 Texas Parkway Missouri City, TX 77489 accountspayable r(.�,missouricitytx.gov Invoices submitted without a purchase order number will be returned unpaid. Failure to submit Invoices to the above address will delay payment. DO NOT submit invoices to any other address for payment. Chapter 2251 of the Texas Government Code, commonly known as the Prompt Payment Act, sets out the required deadlines far payment of the CITY'S obligations to its vendors, requirements for vendor's payments to their subcontractors, penalties for failure to comply with the Act and exceptions to the Act, The Act requires political subdivisions to pay ail payments owed not later than thirty (30) days after the goods and services are received, the performance of the service under the contract Is completed, or the date the invoice is received, whichever is later. A payment begins to accrue interest on the date the payment becomes overdue. The rate of interest that accrues on an overdue payment is the rate In effect on September 1 of the fiscal year In which the payment becomes overdue, The rate in effect on September 1 is equal to the sum of one percent (1%) percent; and the prime rate as published in the Wail Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. Interest on an overdue payment stops accruing on the date the governmental entity or vendor mails or electronically transmits the payment. The CITY shall notify a vendor of an error in an invoice submitted for payment by the vendor not later than the 21st day after the date the entity receives the invoice, if a dispute Is resolved in favor of the vendor, the vendor is entitled to receive interest on the unpaid balance of the invoice submitted by the vendor beginning on the date under Section 2251.021 that the payment for the invoice Is overdue. If a dispute is resolved in favor of the governmental entity, the vendor shall submit a corrected invoice that must be paid In accordance with Section 2251.021. The unpaid balance accrues Interest as provided by this chapter if the corrected invoice Is not paid by the appropriate date, SECTION VII • TERMINATION The CITY may terminate this Agreement at any time by giving thirty (30) days written notice to the CONTRACTOR. The CONTRACTOR may terminate this agreement upon thirty (30) days written notice to the CITY in the event the CITY has failed to pay the CONTRACTOR'S invoices. II If the CONTRACTOR has been providing services in accordance with this Agreement, the CITY shall pay the CONTRACTOR all amounts due up to the time of termination. SECTION VIII ADDRESS AND NOTICES AND COMMUNICATIONS The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other communications ("Notice") required to be given by one party to the other party under this Agreement shall be given Local Contract No. 19-304 Page 3 of 12 Ray,06-2018 In writing addressed to the party to be notified at the address set forth below for such party, (i) by delivering the same In person, (ii) by depositing the same in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified, or(iii) by depositing the same with a nationally recognized courier service guaranteeing "next day delivery,"addressed to the party to be notified, (iv) by sending the same by telefax with confirming copy sent by mail, or(v) by sending the same by electronic mail with confirming copy sent by mail, Notice deposited in the United States mail in the manner hereinabove described shall be deemed effective from and after the date of such deposit. Notice given in any other manner shall be effective only If and when received by the party to be notified. For the purposes of notice, the • addresses of the parties, until changed by providing written notice in accordance hereunder, shall be as follows: • All notices and communications under this Agreement shall be mailed to the CONTRACTOR at the following address: CONCRETE RAISING CORPORATION ATTN: Dante! Chriss--VP Adfninistration 10118 Moers Road Houston, TX 77075 dahriss a crc-houston.com 713.9911777 Ext, 1001 All notices and communications under this Agreement shall be sent to the CITY at the following address: City of Missouri City Attn: Procurement and Risk Management 1522 Texas Parkway Missouri City, Texas 77489 purchasing( missouricitvtx.t ov If SECTION IX LIMIT OF APPROPRIATION Prior to the execution of this Agreement, the CONTRACTOR has been advised by the CITY and the CONTRACTOR clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the CITY shall have available the amount budgeted by the CITY for materials testing to discharge any and all liabilities which may be incurred by the CITY pursuant to this Agreement and that the total maximum compensation that the CONTRACTOR may become entitled to hereunder and the total maximum sum that the CITY shall become liable to pay to the CONTRACTOR hereunder shall not under any conditions, circumstances, or interpretations, hereof, exceed the said total maximum sum provided for in this section without prior written permission from the CITY. SECTION IX SUCCESSORS AND ASSIGNS The CITY and the CONTRACTOR bind themselves and their successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Neither the CITY nor the CONTRACTOR shall assign, sublet or transfer its or his Interest In this Agreement without the written consent of the other, which consent will not be unreasonably Local Contract No, .I0-304 Page 4 of 12 Rev,00-2018 withheld Nothing herein shall be cost ued as creating any personal liability an the part of any officer or agent of any public body, which may be a party hereto, SECTION X MEDIA Contact with the news media shall be the sole responsibility of the CITY. The CONTRACTOR • shall under no circumstances release any material or information developed in the performance of its work hereunder without the express written permission of the CITY. SECTION XI AUTHORITY OF CITY PROJECT MANAGER All work to be performed by the CONTRACTOR hereunder shall be performed to the satisfaction of the CITY'S project manager, The CITY'S project manager shall decide any and all questions, which may arise as to the quality, or acceptability of the work performed by the CONTRACTOR and the decisions of the CITY'S project manager In such cases shall be final and binding an both parties. However, nothing contained herein shall be construed to authorize the CITY'S project manager to alter, vary or amend this Agreement. SECTION XII MODIFICATIONS This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral or written representations or modifications concerning this Instrument shall be of no force and effect, except for a subsequent modification in writing signed by both parties hereto. SECTION XIII FISCAL FUNDING The CITY'S fiscal year is October 1s1 through September 30th. If this contract extends beyond September 30th, there shall be a fiscal funding out. if, for any reason, funds are not appropriated to continue the contract In the new fiscal year, said contract shall become null and void on the last day of the current appropriation of funds. Contract will then be terminated without penalty of any kind or form to the CITY SECTION XIV INSURANCE REQUIREMENTS If required, as Indicated below, the CONTRACTOR shall procure and maintain, with respect to the subject matter of this Agreement, appropriate insurance coverage with limits to cover the CONTRACTOR'S liability as may arise or cause, directly or Indirectly, from work performed under terms of this Agreement. If applicable, a current certificate of liability Insurance is required to be submitted to the Purchasing • Office before the CITY will enter Into a contract with the CONTRACTOR. The certificate of Insurance shall be an attachment to the contract document. POLICY REQUIREMENTS (IF APPLICABLE) Local Contract No. 15-304 Page 5 of 12 Rev,O6-2018 The CONTRACTOR and all subcontractors performing work for the CONTRACTOR under this Agreement shall furnish a completed Insurance certificate to the CITY prior to the event, which shall be completed by an agent authorized to bind the named underwriter(s)for coverage, limits, and termination provisions shown thereon, and which shall contain the following: (a)Workman's Compensation Insurance as required by laws and regulations applicable to and covering employees of Contract engaged in the performance of the work under this agreement with a limit of not less than $1,000,000,00; (b) Employers Liability Insurance protecting contractor against common law liability, in the • absence of statutory liability, for employee bodily injury arising out of the master servant relationship with'a limit of not less than $100,000.00; • (c) Comprehensive General Liability Insurance Including products/completed operation with limits of liability of not less than: Bodily Injury $1,000,000.00 per each person, $1,000,000.00 per each occurrence/$2,000,000,00 aggregate; Property Damage $1,000,000.00 per each occurrence; and (d) Excess Liability Insurance Comprehensive general Liability, Comprehensive Automobile Liability and coverage's afforded by the policies above, with the minimum limits of $5,000,000.00 excess of specified limits; The CITY shall be entitled, upon request and without expense, to receive copies of the certificate of insurance and the required policies and endorsements. The CONTRACTOR agrees, with respect to the above required Insurance, that all Insurance contracts and certificate(s) of Insurance will contain and state, in writing, on the certificate or Its attachment, the following required provisions: (a) The CONTRACTOR shall notify the CITY of any change in the required coverage or cancellation, and shall give such notices not less than 30 days prior to the change or cancellation. The CONTRACTOR shall provide a replacement CERTIFICATE OF INSURANCE prior to such change or cancellation; (b) Provide for an endorsement that the`other insurance"clause or provision shall not apply to the CITY where the CITY is shown as an additional insured on the policy; (c) Provide for notice to the CITY at the address shown in this Agreement', (d)The CONTRACTOR agrees to waive all the CONTRACTORS, Its officers, employees, agents, assigns, and successors' rights of subrogation against the CITY, its officers, employees, and elected representatives for injuries, death, property damage, or other loss covered by insurance and the CONTRACTOR will provide a waiver of subrogation endorsement against the CITY. The CITY must be named or listed on the endorsement; and (e) The CITY, its elected and appointed officials, employees and agents shall be listed as additional insured to the required coverage. All coverage specified shall remain in effect during the term of this Agreement. No cancellation of or changes to the certificates, the policies or endorsements may be made without thirty (30) days prior written notification to Local Contract No, 19-304 Page 6 of 12 Rev.08-2018 the CITY. Any termination of coverage without replacement shall result In Immediate termination of this Agreement. COVERAGES SHALL BE WITH A COMPANY (WITH AT LEAST AN A- BEST RATING) ACCEPTABLE TO THE CITY PURCHASING AND RISK MANAGEMENT DEPARTMENT AND A COPY OF THE CERTIFICATE OF COVERAGE SHALL BE DELIVERED TO THE CITY ON OR BEFORE THE DATE OF THIS AGREEMENT, NOTICES All notices shall be given to the CITY at the following address: City of Missouri City Purchasing and Risk Management 1522 Texas Parkway Missouri City, Texas 77489 APPROVAL Approval, disapproval, or failure to act by the CITY regarding any insurance supplied by the CONTRACTOR shall not relieve the CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents, Neither shall the bankruptcy, Insolvency, or denial of liability by the insurance company exonerate the CONTRACTOR from liability. SECTION XV PROHIBITION ON BOYCOTTING ISRAEL Pursuant to Section 2270.002, Texas Government Code, the CITY may not enter into a contract for goods or services unless the contract contains a written verification that the contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract, By executing the House Bill 89 Verification Form, Exhibit B, attached hereto and Incorporated herein for all purposes, CONTRACTOR verifies that CONTRACTOR does not boycott Israel and will not boycott Israel during the term of this Agreement. SECTION XVI ENGAGING IN BUSINESS WITH SUDAN, IRAN OR FOREIGN TERRORIST ORGANIZATIONS PROHIBITED Pursuant to Section 2252.152, Texas Government Code, CONTRACTOR warrants, represents, and agrees that CONTRACTOR is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages In business with Sudan, Iran or a foreign terrorist organization SECTION XVII CHOICE OF LAW This Agreement shall be governed by the laws of the State of Texas, except far the conflict of law provisions, with venue In Fort Bend County, Texas and the CONTRACTOR hereby consents to such Jurisdiction and venue, Local Contract No. 19-304 Page 7 of 12 Rev.06.2018 • SECTION XVIII SEVERABILITY In the event that any provislon(s) of this Agreement shall for any reason be held invalid, illegal, or unenforceable, the invalidity, illegality or unenforceability of that provislon(s) shall not affect any other provision(s) of this Agreement, and it shall further be construed as if the invalid, Illegal, or unenforceable prevision(s) had never been a part of this Agreement SECTION XIX BONDS BID BOND If the total estimated contract amount exceeds $50,000,00, a Bld Bond from an acceptable Surety Company authorized to transact business in the State of Texas, in the total amount of not less than five percent (5%) of the maximum amount of the bid payable without recourse to the City of Missouri City, Texas, must accompany each bid as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute required bonds on the forms provided, The bid security will be forfeited to the owner by the Bidder as liquidated damages If the bidder fails to execute and deliver a contract and bonds as required. The Cashier's Check or Certified Check or Bidder's Bond shall be enclosed in a separate envelope clearly marked and attached to the envelope containing the bid, PERFORMANCE, PAYMENT AND MAINTENANCE BONDS Per Sec 2253.021 of the Texas Local Government Code, when the City makes a public work contract with a prime contractor, the City shall require the contractor, before beginning the work, to execute bonds with the City. Upon notice of award, the successful bidder shall provide: PERFORMANCE BOND; If the"Total Contract Amount"amount shown on the Bid Sheet—Exhibit "A" Is $100,000 or greater, the performance bond shall be 1000/c, of that amount, If the "Total Contract Amount" amount shown on Bid Sheet-- Exhibit"A" is less than $100,000 a performance bond is not required. The performance bond shall be for a one year term. A new bond shall then be submitted each year if the contract is extended or renewed for an additional term. The performance bond is solely for.the protection of the City; in the amount of the contract; and conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents, PAYMENT BOND: If the "Total Contract Amount" amount shown on the Bid Sheet — Exhibit 'A" is $50,000 or greater, the payment bond shall be 100% of that amount. if the "Total Contract Amount" amount shown on Bid Sheet — Exhibit "A" Is less than $50,000 a payment bond Is not required. The payment bond shall be for a one year term, A new bond shall then be submitted each year If the contract is extended or renewed for an additional term. The payment bond Is solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor or a subcontractor to supply public work labor or material, and In the amount of the contract. A bond required must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.•19-1, Vernon's Texas Insurance Code). Local Contract No, 19-304 Page 8 of 12 Rev,06-2018 A bond executed for a public work contract with the City must be payable to the City of Missouri City and in the form provided In Section X of this document. The bond must clearly and prominently display on the bond or on an attachment to the bond; — The name, mailing address, physical address, and telephone number, Including the area code, of the surety company to which any notice of claim should be sent; or — The toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that 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 the tall-free telephone number. The City does not require a contractor for any construction contract to obtain a surety bond from any specific insurance or surety company, agent, or broker. i Local Contract No. 194344 Page 9 of 12 Rev.08-2018 1 SECTION XX CONTRACT SIGNATURE SHEET This document and the included exhibit, except for any terms and conditions attached to or Included In the Scope of Work by the CONTRACTOR, is the entire Agreement and recites the full consideration between the parties, there being no other written or parole agreement, IN WITNESS WHEREOF, the said CITY has lawfully caused these presents to be executed by the City Manager of said CITY, and the said CONTRACTOR, acting by Its thereunto duly authorized representative, does now sign, execute and deliver this Instrument. Authorized by the City of Missouri C't , Texas on the day of , 2018, Reviewed by: \---- 74,----- . Shannon Plea -int, CT1\---/A----1-- PM - Procure t& Risk Manager f _ Department Director: Al Date: /o ��//? CCNCRETE RAISING CORPORATION CITY OF MISSOURI CITY • (;:Da„j(Y ,.' • Daniel Chriss—VP Administration Anthony Snipes--City Manager /OM'7/8' . Date Date Scott Elmer--Assistant City Manager Date I I_ossi Contraot No, 19.304 Page 10 of 12 Rev,05-2018 Exhibit A - Bid Sheet IFB # 19-304 Item Description Est. Annual Qty Unit Unit Price Ext Price Section 1: Sidewalk Pavement Raising Lifting and Stablizing 4"Thick Concrete Sidewalk Pavement in an 1 amount from.01"up to 5.00" 10,000 Sq.Foot $ 3.00 $ 30,000.00 Lifting and Stablizing 4"Thick Concrete Sidewalk Pavement in an 2 amount from 5.01"and up. 100 Sq.Foot $ 3.10 $ 310.00 Total Amount for Section 1: $ 30,310.00 Section 2: Concrete Roadway Pavement Raising Lifting and Stablizing Concrete Street Pavement in an amount from 1 .01"up to 6.00" 75,000 Sq.Foot $ 2.98 $ 223,500.00 Lifting and Stablizing Concrete Street Pavement in an amount from 2 6.01' and up. 100 Sq.Foot $ 3.05 $ 305.00 Lifting and Stablizing Concrete Traffic Signal Pad in an amount from 3 .01"up to 6.00" 5 Each $ 700.00 $ 3,500.00 Lifting and Stablizing Concrete Traffic Signal Pad in an amount from to 4 6.01"and up. 5 Each $ 750.00 $ 3,750.00 Total Amount for Section 2: $ 231,055.00 Total Contract Amount (Section 1 and 2): $ 261,365.00 EXHIBIT B AFFIDAVIT being an adult over theAa, of eighteen (18) year?, and the undersigned authorized representative of C�Y1 r.,vie' / �Si�_� ,,y2)vice 'r 'r/! (hereafter referred to as "Cgfnpany"), do hereby verify that the above-named Company, under the provisions of Subtitle F, Title 10, Texas Government Code, Chapter 2270: {7) Does not boycott Israel; and (2) Will not boycott Israel during the term of this Agreement with the City of Missouri City. Pursuant to Section 2270,001, Texas Government Code, the following term has the following meaning: 1. "Boycott lsraet' means refusing to deal with, terminating business activities with, or otherwise taking any action that is Intended to penalize, Inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or In an Israeli-controlled territory, but does not include an action made for ordinary business purposes. cpa,tze',POIA_ 76//e3/Je Signature Date STATE OF TEXAS § COUNTY OF ' ; " ;",f:.'. ' § This instrument was acknowledged before me this /r) day ofc 2018, by 4' r° C JANIECE ADAMS / • 4 x `'� Notary 10M11663322 A �!''' J db,IIF My Commission Expires 4 / port June 30,2022 I ( '; /N1tary Public, State of Texas / / Local Contract No. 19-304 Page 12 of 12 Rev.06-2018 A ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 PHONE Certificate Department FAX 10055 West Gulf Bank _CNC.No.Ext):713-688-1500 (NC.No):713-688-7967 Houston TX 77040 ADDRess: ecerts@bch-insurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance Company 23396 INSURED CONCRETERA INSURER B Concrete Raising Corporation 10118 Moers Road INSURER C: Houston TX 77075 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1449944624 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER tMM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY CPP21008270202 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $1,000,000 X 1000 PD Ded MED EXP(Any one person)_ $10,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Poll Limit $1,000,000 A AUTOMOBILE LIABILITY CA21008260202 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR CU21008290202 4/1/2019 4/1/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WOR KERS COMPENSATION WC210083002 4/1/2019 4/1/2020 X AND EMPLOYERS'LIABILITY STATUTE ER Y/N E.L. ANYPROPRIETOR/PARTNER/EXECUTIVE N/A EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? i (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Rental Equipment IM21008280202 4/1/2019 4/1/2020 $25,000 Rented Equ $1,000 Deductible A Worksite Pollution CPP21008270202 4/1/2019 4/1/2020 $100,000 per occ $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 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 3501 East Orange Street Pearland TX 77581 AUTHORIZED REPRESENTATIVE 5741 l' ilit ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD