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R2022-034 2022-02-14DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO RESOLUTION NO. R2022-34 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract for the Recreation Center & Natatorium HVAC- Carrier A/C Chiller Replacements Project, to Way Engineering, LTD., in the amount of $261,850.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for construction of the for the Recreation Center & Natatorium HVAC-Carrier NC Chiller Replacements Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Way Engineering, LTD., in the amount of $261,850.00. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract for the Recreation Center & Natatorium HVAC-Carrier NC Chiller Replacements Project. PASSED, APPROVED and ADOPTED this the 14th day of February, A.D., 2022. ATTEST: DocuSigned by: ‘..-17F771DA32BB494 CRYSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: ,-DocuSignedby: ,p '-C13CA898BB1C466... DARRIN M. COKER CITY ATTORNEY DocuSigned by: 9z cot "-64881A61593F4F2... J. KEVIN COLE MAYOR CikelVYYZI DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. 1022-07 Recreation Center & Natatorium HVAC-Carrier A/C Chiller Replacements 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: Way Engineering LTD 8610 Wallisville Rd. Houston, TX 77029 Description of Services: Contractor will provide turnkey replacement of Chiller A/C units, for the City of Pearland, per the specifications of Bid #1022-07. Contract Amount: Unit Price Contract, Estimated Amount of $261,850.00 Effective Date: March 1, 2022 End Date: August 31, 2022 Renewals: 0 Resolution No/Bid No: 1022-07 II. Signatures >Y�d3�"�BARLAND CONTRACTOR L..i(,a. ak-r 3/9/2022 8:27 AM CST °�"`°"°"C° ' Coleman o-:�o, A7� 1CD1EC1C22C2106... Coleman Ashworth PurOming Officer Date Title: Sales etAWSbin' 3/9/2022 1 1:07 PM CSElate' 2/8/2022 %— last9a1aaarrnaan *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager X City Manager *City Contract Signature Authority: Service Contract Standard Form Approved as to Legal Form 6.28.2021 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 Page 1 of 7 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal #1022-07 ("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 five (5) months, 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 $261,850.00, subject to approved extensions and changes. 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: 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 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 Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO 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) 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 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 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO 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 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. 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 Early Title: Project Manager Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1734 IF TO CONTRACTOR: Way Engineering LTD Attn: Coleman Ashworth Title: Regional Sales Address: 8610 Wallisville Rd, Houston TX 77029 Phone: 713.568.6188 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 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 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO 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. 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 Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO 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. 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 D: Warranty Requirements Service Contract Standard Form Page 6 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO Incorporated by Reference Only: Exhibit 1: RFB/RFP/Bid #1022-07 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: CD7853EB-0359-424E-A6A8-1231BC37EFAO ATTACHMENT A — SCOPE OF WORK Scope of services shall consist of the decommissioning and removal of two (2) existing Carrier air-cooled Chillers, to be replaced with two (2) new Carrier RBX160 Series air-cooled rotary chillers. This includes single -point electrical connections, non -fused disconnects, copper/aluminum coils w/ E-Coat, BACnet/Modbus translator, security grills, BAS connections, complete in place, for the City of Pearland, per the specifications of Bid #1022-07. Pricing is as follows per contractor's response to the same, as listed per Attachment B. DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO ATTACHMENT B - BID/PRICING SCHEDULE Bid Lines 1 Package Header Turnkey Quantity: 1 Total: I $261,850.00 Package Items 1.1 Mobilization (Not to Exceed 3% Total Bid) Quantity: _1 UOM: LS Price: $0.00 Total: $0.00 1.2 Carrier Air -Cooled Scroll Chiller, or City -approved alternate, complete in place Quantity: 2 UOM: EA Price: $98,349.84 Total: $196,699.68 1.3 Removal/Installation, per Unit Quantity: 2 UOM: EA Price: $8,926.40 Total: $17,852.80 1.4 E-Coating for Coils, per Unit Quantity: 2 UOM: EA Price: $11,333.12 Total: $22,666.24 1.5 Crane/Other Equipment, lump sum Quantity: _1 UOM: LS Price: $1,560.00 Total: $1,560.00 1.6 Single -point Electrical Connections, per Unit Quantity: 2 UOM: EA Price: $0.00 Total: $0.00 1.7 Non -Fused Disconnects, per Unit Quantity: 2 UOM: EA Price: $1,113.28 Total: $2,226.56 1.8 BACnetlModbus Translator, complete in place Quantity: 1 UOM: LS Price: 52,943.36 Total: $2,943.361 1.9 BAS (Building Automation System) connection, to be completed by Siemens Quantity: 1 UOM: LS Price: $17,901.36 Total: $17,901.36 Response Total: $26 I,850.00 DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO 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. 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. 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 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: CD7853EB-0359-424E-A6A8-1231BC37EFA0 ATTACHMENT D — WARRANTY Items or 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. One-year parts & labor and five-year compressor warranty. DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO /3 1 ® CERTIFICATE OF LIABILITY INSURANCE A DATE (MMIDDIYYYY) 07/29/2021 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 Insgroup, Inc. 5151 San Felipe, 24th Floor Houston TX 77056 CONTACT Johnny Tran NAME: PHONE Ext): (713) 677-2305 �a/c, No): (713) 772-5224 ADDRESS: johnny.tran@insgroup.net INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED Way Engineering, Ltd 8610 Wallisville Rd. Houston TX 77029 INSURER B: National Fire Insurance of Hartford 20478 INSURER C: Continental Insurance Company 35289 INSURER D : Ironshore Specialty Insurance Company 25445 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: CL2172903178 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6078845731 08/01/2021 08/01/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO TED PREMISES (Ea orccurrrence) 1,000,000 $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X XHIRED LIABILITY ANY AUTO OWNED >/ /", SCHEDULED AUTOS NON -OWNED AUTOS ONLY 6078845745 08/01/2021 08/01/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE 6078845762 08/01/2021 08/01/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N NIA 6078845759 08/01/2021 08/01/2022 X STATUTE EOTH E.L. EACH ACCIDENT 1 000000 $ ,, E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Contractor Pollution/Professional Liab DCP7BAB1076001 08/01/2021 08/01/2022 Policy Aggregate Professional Each Claim Pollution Each Occurrenc $2,000,000 $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT #620034 - JACK YATES HIGH SCHOOL See Page 2 CANCELLATION Way Engineering Ltd 8610 Wallisville Rd Houston TX 77029 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO ACORL7 AGENCY CUSTOMER ID: 00083771 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Insgroup, Inc. NAMED INSURED MCCORVEY SHEET METAL WORKS, L.P. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability policy includes a Blanket Automatic Additional Insured endorsement CG2010 04 13 and Additional Insured Completed Operations endorsement CG2037 0413 that provides Additional Insured status to the certificate holder only when there is a written contract between the Named Insured and the certificate holder that requires such status. The General Liability policy includes a Blanket Automatic Waiver of Subrogation endorsement CG2404 0509 that provides this feature only when there is a written contract between the Named Insured and the certificate holder that requires it. The General Liability policy contains a special endorsement GL0003000 0215 with "Primary and Noncontributory" wording. The Commercial Auto policy includes a Blanket Automatic Additional Insured endorsement MS MANU A that provides Additional Insured status to the certificate holder only when there is a written contract between the Named Insured and the certificate holder that requires such status. The Commercial Auto policy includes a Blanket Automatic Waiver of Subrogation endorsement CA0444 10 13 that provides this feature only when there is a written contract between the Named Insured and the certificate holder that requires it. The Workers Compensation policy includes a Blanket Automatic Waiver of Subrogation endorsement WC420304B that provides this feature only when there is a written contract between the Named Insured and the certificate holder that requires it. The Umbrella policy follows for over the General Liability, Auto Liability and Employers Liability. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO ACCIREP AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Insgroup, Inc. NAMED INSURED Way Engineering, Ltd POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Remarks GENERAL LIABILITY The General Liability policy includes a Blanket Automatic Additional Insured endorsement (CNA74705XX 1016) and Blanket Automatic Additional Insured Completed Operations endorsement (CNA75079XX 0115) that provides additional insured status to the certificate holder, but only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy includes a Blanket Automatic Waiver of Subrogation endorsement (CNA74705XX 0115) that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The General Liability policy contains a special endorsement (CNA74705XX 0115) with "Primary and Noncontributory" wording. The General Liability policy includes an endorsement (CNA74705XX 0115), Designated Construction Project or Designated Location Combined Aggregate Limits - With Total Project and Location Aggregate limit that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The General Liability policy has a 30 day Notice of Cancellation except 10 day for non-payment of premium endorsement (CNA74702XX 0115). COMMERICAL AUTO The Commercial Auto policy includes a Blanket Automatic Additional Insured endorsement (CNA63359XX 0412) that provides additional insured status to the certificate holder, but only when there is a written contract between the named insured and the certificate holder that requires such status. The Commercial Auto policy includes a Blanket Automatic Waiver of Subrogation endorsement (CNA63359XX 0412) that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. Primary & Non-contributory Wording applies per endorsement (CNA63359XX 0412). WORKERS COMPENSATION The Workers Compensation policy includes a Blanket Automatic Waiver of Subrogation endorsement (WC420304B 0614) that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The Workers Compensation policy includes a blanket endorsement providing that 30 days' notice of cancellation will be furnished to the certificate holder when there is a written contract between the named insured and the certificate holder that requires it. UMBRELLA LIABILITY Umbrella Liability follows form over the General Liability, Auto Liability and Employers Liability policies. POLLUTION The Pollution/Professional Liability Policy Conditions contains a blanket waiver of subrogation clause where required in a written contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO CITY OFPEAItLi1ND STANDARD FORM OF AGREEMENT APPENDIX 13 House Bill 89 Verification I, J(;(a11LA AcAlvq.,( ) (Person name), the undersigned representative (hereafter referred to as "Representative") of Wes`/ Nsi..C'{; _ (company or business name, hereafter'referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean 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. SI ATU OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ), day of -Pr,lo (u“A , 20 Notary Public DocuSign Envelope ID: CD7853EB-0359-424E-A6A8-1231BC37EFAO 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: 2022-848017 Date Filed: 02/08/2022 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Way Engineering Houston, 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. Way Engineering, LLC 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. 1022-07 HVAC Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is Coleman Ashworth , and my date of birth is 8/11/1992 My address is 2619 Foxden Rd Pearland TX 77584 Brazoria (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Harris Texas Executed in County, State of , on the 8 day of February , 2022 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc Way Engineering LTD Gurry Mechanical The Lee Thompson Company Total Price $261,850.00 Total Price $275,148.00 Total Price $284,000.00 Line # Description QTY UOM Unit Extended Unit Extended Unit Extended 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1'9 Turnkey Installation Mobilization (Not to Exceed 3% Total Bid) Carrier Air -Cooled Scroll Chiller, or City -approved alternate, complete in place Removal/Installation, per Unit E-Coating for Coils, per Unit Crane/Other Equipment, lump sum Single -point Electrical Connections, per Unit Non -Fused Disconnects, per Unit BACnet/Modbus Translator, complete in place BAS (Building Automation System) connection, to be completed by Siemens 1 1 2 2 2 1 2 2 1 1 LS EA EA EA LS EA EA LS LS $261,850.00 $261,850.00 $275,148.00 $8,244.00 $111,684.00 $960.00 $275,148.00 $284,000.00 $284,000.00 $7,911.00 $99,036.00 $6,632.00 $10,803.00 $15,449.00 $800.00 $1,700.00 $4,760.00 $17,938.00 $0.00 $98,349.84 $8,926.40 $11,333.12 $1,560.00 $0.00 $1,113.28 $2,943.36 $17,901.36 $9,226.00 $1,500.00 $0.00 $994.00 $2,628.00 $17,048.00 1022-07 Addendum 4 - Page 1 1022-07 HVAC Chiller Replacement RCN RFP - Evaluation Recap # evaluators Gurry Mechanical The Lee Thompson Company Way Engineering LTD 5 KC JO PB JE OL Total KC JO PB JE OL Total KC JO PB JE OL Total Pricing and % markup of materials/supplies 40pts 38.07 36.88 40.00 Qualifications/capability of contractor to perform scope of work 30pts 25.00 30.00 30.00 30.00 15.00 26.00 25.00 30 30 25.00 12 24.40 25 30 30 30.00 20 27.00 References and/or past relationship w/City 15pts 10.00 10.00 13.00 15.00 15.00 12.60 15.00 15 12 10.00 7 11.80 12 15 14 15.00 15 14.20 Compliance to propsal 15pts 5.00 10.00 15.00 15.00 10.00 11.00 15.00 15 12 15.00 7 12.80 5 15 13 10.00 10 10.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Points 40.00 50.00 58.00 60.00 40.00 87.67 55.00 60.00 54.00 50.00 26.00 85.88 42.00 60.00 57.00 55.00 45.00 91.80