Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R2022-025 2022-02-14
RESOLUTION NO. R2022-25 A Resolution of the City Council of the City of Pearland, Texas, renewing a supply contract for large water meters and related parts with Park Environmental Equipment USA, in the estimated amount of $120,000.00, for the period of February 15, 2022 through February 14, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City previously obtained competitive bids for the supply of large water meters and related parts. Section 2. That the City Council hereby renews a contract with Park Environmental Equipment USA, in the unit price amounts reflected in Exhibit “A” attached hereto. Section 3. The City Manager or his designee is hereby authorized to execute a supply contract for large water meters and related parts. PASSED, APPROVED and ADOPTED this the 14th day of February, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ CRYSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 11C2288B-DD13-4051-A3C5-D9E190FF70CE DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 2/21/2022 | 3:11 PM CST 2/21/2022 | 3:16 PM CST Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 6 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to Request for Bid/Proposal or Bid No. 1221-15 (“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 Supplies 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 one (1) year, 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 1 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 amount not to exceed $120,000.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor sha ll 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: Sue Ellen Arredondo Department: Engineering & Public Works Phone: 281.652.1946 Email: sarredondo@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 6 Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the 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 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) I Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. 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 y. 6. Purchase Release Order. For multiple-release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies 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 Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies 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, replacement Supplies 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 incorporated into this Contract. 9. Quality/Quantity Adjustments. Any 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 ac tual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited witho ut the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the 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 Contract. The City does not represent that this budget item will be adopte d, as said determination is within the City Council's sole discretion when adopt ing each budget. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 6 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own man ner 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. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14. 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. 15. 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: David Kent Title: Superintendent Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1905 IF TO CONTRACTOR: Park Environmental Equipment LLC, dba ParkUSA Attn: Michael Hernandez Title: Office Manager Address: PO Box 41859, Houston, TX 77241 Phone: 713.849.7160 16. 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. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 6 17. 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. 18. Attorney’s Fees. Should either party to this Contra ct 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. 19. 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 Supplies provided 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 to 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. 20. 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 p rior to receipt of the final payment by the City. 21. 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. 22. 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. 23. 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 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. 24. 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 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 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). 25. 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 City Council. 26. 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 th e appropriate district, county, or justice court in and for Brazoria County, Texas. 27. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signato ry 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. 28. Public Information Act Requirements. This paragraph applies only to agreements 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 b e terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29. Entire Contract. 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 D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Bid No. 1221-15 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 ATTACHMENT A – SCOPE OF WORK Scope of services shall consist of the contractor providing delivery of large water meters and parts, for the City of Pearland, as needed, per the specifications of Bid No. 1221-15. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 ATTACHMENT B – BID/PRICING SCHEDULE DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 ATTACHMENT C – INSURANCE REQUIREMENTS 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 Statutory Limits $100,000 per occurrence City to be provided a WAIVER OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability 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 - $1,000,000 City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. City shall be provided 30-day notice of cancellation or material change in coverage. 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warra nties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 Bid #1221-15 Title Large Water Meter Supply Contract Line Items Line Description Mfgr MfgNo UOM QTY Unit CPI Increase Renewal Price 1 LARGE METERS 1 1 6.6%2022-2023 1.1 3" E-SERIES ULTRASONIC METER 3' X 12' BRONZE, TO INCLUDE VAULT AND STRAINER WITH WIRE FOR OPENWAY RIVA BADGER BADGER EA 1 $7,499.99 495.00$ 7,994.99$ 1.2 3' E-SERIES ULTRASONIC METER 3' X 17' BRONZE, TO INCLUDE VAULT AND STRAINER WITH WIRE FOR OPENWAY RIVA BADGER BADGER EA 1 $7,542.84 497.83$ 8,040.67$ 1.3 4" E-SERIES ULTRASONIC METER 4' X 14' BRONZE, TO INCLUDE VAULT AND STRAINER WITH WIRE FOR OPENWAY RIVA BADGER BADGER EA 1 $8,306.86 548.25$ 8,855.11$ 1.4 4" E-SERIES ULTRASONIC METER 4' X 20' BRONZE, TO INCLUDE VAULT AND STRAINER WITH WIRE FOROPENWAY RIVA BADGER BADGER EA 1 $8,352.57 551.27$ 8,903.84$ 1.5 6" MACH 10, TO INCLUDE VAULT AND STRAINER ECODER WITH WIRE Neptune Neptune EA 1 $11,423.97 753.98$ 12,177.95$ 1.6 8" COMPOUND METER, TO INCLUDE VAULT AND STRAINER ECODER WITH WIRE Neptune Neptune EA 1 $17,589.87 1,160.93$ 18,750.80$ 1.7 10" COMPOUND METER, TO INCLUDE VAULT AND STRAINER ECODER WITH WIRE Neptune Neptune EA 1 $28,094.50 1,854.24$ 29,948.74$ 1.8 12" COMPOUND METER, TO INCLUDE VAULT AND STRAINER ECODER WITH WIRE Neptune Neptune EA 1 $34,883.36 2,302.30$ 37,185.66$ 2 REGISTERS FOR LARGE METERS ITRON CONNECTOR ITRON CONNECTOR 1 1 2.1 3" COMPOUND METER REGISTER FOR ECODER WITH WIRE, LOW ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.2 4" COMPOUND METER REGISTER FOR ECODER WITH WIRE, HI ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.3 6" COMPOUND METER REGISTER FOR ECODER WITH WIRE, HI ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.4 6" COMPOUND METER REGISTER FOR ECODER WITH WIRE, LOW ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.5 8" COMPOUND METER REGISTER FOR ECODER WITH WIRE, HI ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.6 8" COMPOUND METER REGISTER FOR ECODER WITH WIRE, LOW ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.7 10" COMPOUND METER REGISTER FOR ECODER WITH WIRE, HI ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.8 10" COMPOUND METER REGISTER FOR ECODER WITH WIRE, LOW ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.9 12" COMPOUND METER REGISTER FOR ECODER WITH WIRE, HI ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.10 12" COMPOUND METER REGISTER FOR ECODER WITH WIRE, LOW ONLY Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.11 3" CLASS II TURBINE METER REGISTER FOR ECODERWITH WIRE Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.12 4" CLASS II TURBINE METER REGISTER FOR ECODER WITH WIRE Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.13 6" CLASS II TURBINE METER REGISTER FOR ECODER WITH WIRE Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.14 8" CLASS II TURBINE METER REGISTER FOR ECODER WITH WIRE Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.15 10" CLASS II TURBINE METER REGISTER FOR ECODER WITH WIRE Neptune Neptune EA 1 $240.00 15.84$ 255.84$ 2.16 12" CLASS II TURBINE METER REGISTER FOR ECODER WITH WIRE Neptune Neptune EA 1 $240.00 15.84$ 255.84$ ATTACHMENT BDocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/15/2022 Woodruff-Sawyer Oregon,Inc. 1050 SW 6th Avenue,Suite 1000 Portland OR 97204 Kelley Edenholm 503-416-7902 kedenholm@woodruffsawyer.com License#:820349 Colony Insurance Company 39993 NORTPIP-01 Travelers Prop Casualty Co of America 25674ParkEnvironmentalEquipmentLLC 7015 Fair Banks N Houston Rd. Houston,TX 77040 Sentry Casualty Company 28460 267789377 A X 1,000,000 X 500,000 25,000 1,000,000 2,000,000 X Y Y PACEM4278309 12/13/2021 11/1/2022 2,000,000 B 1,000,000 X Y Y 8107P83880A2114G 3/17/2021 3/17/2022 C XY90164070011/1/2022 1/1/2023 1,000,000 1,000,000 1,000,000 Operations of the Named Insured subject to the terms,conditions and exclusions of the policy issued by the Insurance Company. City of Pearland is included as additional insured as respects General Liability and Auto Liability on a Non-Contributory basis with a waiver of subrogation to the extent provided in the attached forms. City of Pearland 3519 Liberty Drive Pearland,TX 77581 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 2725* SENTRY CASUALTY COMPANY Carrier Code No. 37877 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 90-16407-001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 (Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. NORTHWEST PIPE COMPANYNOR 90-16407-001 PAGE 001 01306 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. !"! # $" ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 !"! ## $" C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EPACE107-0714 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. PRIMARY AND NON-CONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Person(s)or Organization(s): Where Required By Written Contract Section XXIII. CONDITIONS, 14. Other Insurance is amended by the addition of the following: This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE above provided that: 1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EPACE113-0714 Page 1 of 1 WAIVER OF SUBROGATION FOR SPECIFIED PERSON, ENTITY OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Person(s), Entity(ies) or Organization(s): Where Required By Written Contract Section XXIII. CONDITIONS, 17. Subrogation is amended by the addition of the following: In the event of any payments made pursuant to this Policy, we shall be subrogated to any insured’s rights of recovery against any person, entity or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure and perfect such rights. No insured shall do anything to prejudice such rights. Any recovery obtained as a result of subrogation, after such expenses incurred in the subrogation proceedings are deducted by us, shall accrue first to the insured to the extent of any payments in excess of the Limit of Liability; then us to the extent of any payments made under this Policy; and then to the insured to the extent of its Deductible. However, solely with respect to Coverage Part 1 or Coverage Part 2, if the insured has waived rights of recovery against the person(s), entity(ies) or organization(s) shown in the SCHEDULE above prior to a loss or claim, we waive any right to recovery we may have under the Policy against such person(s), entity(ies) or organization(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 419C7628-CDBC-4C0A-8094-5EAF46138552