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R2022-123 2022-06-13RESOLUTION NO. R2022-123 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Brazoria County, for the purchase of road paving materials from American Materials, in the estimated amount of $307,241.24, for the period of June 14, 2022 through April 25, 2023. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner Brazoria County for the purchase of road paving materials. Section 2. That the City Manager or his designee is hereby authorized to execute a contract with American Materials, for the purchase of road paving materials in the estimated amount of $307,241.24. PASSED, APPROVED and ADOPTED this the 13th day of June, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ LESLIE CRITTENDEN CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: CEA81C70-2279-4BA4-AA01-0A7E80330E15 DocuSign Envelope ID: FAFAF1E9-121C-430E-A49E-DF41F84ACB12 City of Pearland 3519 Liberly Drive Pearland, TX 77581 SUPPLY CONTRACT NO. i0522-06 Asphalt Materials 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 IL Signatures III, Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor American Materials, Inc. PO Box Stafford, TX 77497 Description of Supplies: Contractor will provide delivery of hot and cold asphalt materials, for the City of Pearland, as needed, per the specifications of Interlocal with Brazoria County 2'1-32 Contract Amount: Unit Price Contract, Estimated Amount of$307,241.24 Effective Date: June 14, 2022 End Date. April 25, 2023 Renewals: 0 Resolution No/Bid No: Interlocal with Brazoria County 21-32 II, Signatures IcYuaFedUARLAND CONTRACTOR SLtla balcuf 6/20/2022 I 9:02 PM CDT '7? 4EB4EE1C22C2496 Purchasing Officer Date Title: (, DocuSigned by: 14 AM n_HUT aie• / 612, -- 6/21/2022 I 6: *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager— up to $10,000 Director $10,001 - $30,000 City Manager/Deputy/Assistant City Manager- $30,001 + City Council Resolution over$50,000 Supply ConIrocl SIondard Form Page of 6 Approved as 10 legal Form 6.28.2021 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies ("Supplies") in response to Request for Bid/Proposal or Interlocal with Brazoria County ("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 ten (10) 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 amount not to exceed $307,241.24, 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 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 Contract Administrator. Additionally, the COI must state that the City shall be provided Supply Contract Standard Form Page 2 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 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 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 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 Supply Contract Standard Form Page 3 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 independent contractor and will furnish such Supplies 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. 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: Dante Prescod Title: ROW Superintendent Address: 3501 East Orange Street, Pearland, TX 77581 Phone: 281.652.1907 IF TO CONTRACTOR: American Materials, Inc. Attn: Brian Asp Title: Sales Manager Address: PO Box 935, Stafford TX 77497 Phone: 281.969.1691 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. 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 Supply Contract Standard Form Page 4 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 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 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. 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 prior 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 to the documents in the following order of priority: Supply Contract Standard Form Page 5 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 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 the 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 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. 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 be 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/ Interlocal with Brazoria County 21-32 Exhibit 2: Contractor's Bid/Proposal Response Supply Contract Standard Form Page 6 of 6 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 ATTACHMENT A — SCOPE OF WORK Scope of services shall consist of the contractor to provide delivery of hot and cold asphalt materials, for the City of Pearland, as needed, per the specifications of Interlocal with Brazoria County 21-32. DocuSign Envelope ID: FAFAF1 E9-121 C-43OF-A49E-DF41 F84ACB12 ATTACHMENT B - BID/PRICING SCHEDULE 21® 2 ROAD MATERIALS SURFACE COURSES AMIERICAN MATERIALS CONTRACT TERM: PRIL2ti mdi22.A,}uRIL2;'1 23 ADDRESS 10126 CASH ROAD c irr aTATE,ZIP S'TA FFO RD,TX 774 77,440. PHI CAE NUMBER 281 499,1 551 CONTACT NAME JERRY BERRY EM A IL✓iw DOR;E a jberry ,d LI no.toodg....ieel"i^ ,corn PRICE INCREASE APiOVED SURFAC E COURSES E" l li0it ail 5.1 ITECYCLED ASPIPI LTIC CONCitLT"t PAVEMENT RA CPT 0, TxDot ftem:340,Type D mixed with,AC-20 Price per ton Price per tan bidder's plant di siding, loadiedi onto Crrun;ty^trucks 86780 ,00 Price per ton;as delivered toJouheite 6780 .00 Hauling First Mile 7087' $3.25 Hauling Each Additl.Mille 7088 So.2o Price per tarsi,iur place 775 Hauling First Mile 7087 Hauling Each Addtl.Mile 7088 State rnlnlnurn truckload if required 14 TONS DocuSign Envelope ID: FAFAF1E9-121C-430E-A49E-DF41F84ACB12 .21-32 ROAD MATERIALS SURFACE COU R5E3 AMIE RICAN MATERIALS .CONTRACT TERM: APR IL 20„2022 APR IL 2 5,„2023 RECYCLED ASP HALrIC CONCillEtE.PAV,EMENT.ptACPp, MOM item 1/0.,Toe B,mixed with ACIO Asphalt Pr ice per ton Price per ton bliclider's plantisiding loaded onto County trucks 678 1 .00 Filer ton as.delivered to lobsite:. 678 1 .00 Hauling First Mile 707f3 3.25 Hauling Each Addti MIle 7079 Pridce per ton in place 776 0 Hauling First Mile 7078 3.25 Hauling Each Addtl Mile 7079 0.20 Mrrd rad:thud 14 TONS 5..3 NOT IMIIX A.PAHALT11 CONCRETE IRAVEMENT ASPHALT MIX 1YPE D Price per ton Price per ton hidder's plant Isiding loaded onto County trucks 6782 Price per tunas delivered to,jabsite 678.2. Hauling First Mile 74,94 $3.25 Hauling Each Addli Mile 7495 :$0.20 State MinImum truckload If required 14 TONS .21-32- ROAD MATERIALS SURFACE COURSES AMIE RICAN MATERIALS .CONTRACT TERM: APRIL 25„' 22 APRIL 25,„2023 Plant.Locallo n County Facility MI i[Doge Accpc1 Nvr,Svc Cly .21 AniCel&r,Svc Clc 3 Cam VI&Pew CccuP,Svc Clr Henson Park Msewc.14 Svc CT 2.1 Mos gcdtlo &Jalapa Cly Park .22 PAA23 Sac L.Iva Pciek CoYeagr&S;SW2 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 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 Statutory Limits City to be provided a WAIVER Employers' Liability $100,000 per occurrence OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General Personal Injury-$1,000,000 per City to be listed as additional (Public) Liability to include person; Property Damage - insured and provided 30-day coverage for: $1,000,000 per occurrence; notice of cancellation or a) Premises/Operations General Aggregate - material change in coverage. b) Products/Completed $1,000,000 Operations City shall be provided 30-day c) Independent notice of cancellation or Contractors material change in coverage. d) Personal Injury e) Contractual Liability 3. Business Auto Liability to Combined Single Limit- include coverage for: $1,000,000 a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 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. DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 RESOLUTION NO. R2005-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR COOPERATION IN THE PURCHASING OF VARIOUS COMMODITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an interlocal agreement with Brazoria County, for cooperation in the purchasing of various commodities. PASSED, APPROVED and ADOPTED this the 23rd day of May , A.D., 2005. W TOM REID MAYOR ATTEST: i _ A ..k / f1.• , - 1 i NG Lie G RV / YSETARY APPROVED AS TO FORM: a DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: FAFAF1E9-121C-430E-A49E-DF41F84ACB12 • - - Resolution 2005-89 INTERLOCAL AGREEMENT BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS 1 aartk This agreement is made this A-0 day of 4 r1 2005 between the County of Brazoria, Texas and the City of Pearland, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the promises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Section 791.001-791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHERAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract. Each party hereby makes, constitutes and appoints the other party its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Each party will maintain a listing of Annual Contracts which are available for the other party's use. To utilize one or more of these contracts, each party must request authorization, in writing, to the other party. Upon receipt of request, the receiving party will forward a copy of the appropriate Annual Contract to the requesting entity. Each party agrees that the other party shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the other party according to its usual bidding procedures and in accordance with applicable State statutes. Each party agrees that all specifications for selected items shall be as determined by the other party. III. Each party agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill each party directly for all items purchased and each party shall be responsible for vendor's compliance with all conditions of delivery and quality of the purchased items. DocuSign Envelope ID: FAFAF1E9-121C-430E-A49E-DF41F84ACB12 iv. Bill Eisen, City Manager, is hereby designated as the official representative to act for the City of Pearland, Texas in all matters relating to this agreement. V. John Willy, County Judge, is hereby designated as the official representative to act for the County of Brazoria, Texas in all matters relating to this agreement. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. BRA I CITY OF PEARLAND, TEXAS BY: BY: - ( • na e) (Signature) NAME: JOHN WILLY NAME: BILL EISEN TITLE: COUNTY JUDGE TITLE: CITY MANAGER DATE: XL) L DATE: May 24, 2005 DocuSign Envelope ID: FAFAF1E9-121C-430E-A49E-DF41F84ACB12 BRAZORIA COUNTY PURCHASING DEPARTMENT ,ts OF .yo S-404 Susanne Brumley CPPB Off, k Tracy Jackson CPPB Procurement Officer Contract Specialist Itt ita r 'r OF Charles Crook CPPB County Purchasing Agent May 2,2005 Mr. Bill Eisen City Manager City of Pearland 3519 Liberty Drive Pearland,TX 77581 RE: Contract#05-59 Interlocal Agreement between City of Pearland,Texas and Brazoria County Dear Mr. Eisen: Enclosed are two copies of the agreement between the City of Pearland,Texas and Brazoria County, that have already been signed by the Brazoria County Judge. If you are in agreement with this contract, please sign both copies and return one of them back to Brazoria County Purchasing Department for our records. it should be addressed to the following: Charles Crook CPPB Brazoria County Purchasing Agent I I 1 E. Locust,Bldg. A-29, Suite 100 Angleton,TX 77515 Thank you for your interest in Brazoria County. If you have any questions,please do not hesitate to contact me. Very truly yours, ca Charles Crook CPPB Brazoria County Purchasing Agent Enclosure(s) 111 E.Locust Street,Bldg.A-29,Suite 100,Angleton,Texas 77515 Telephone(979)864-1825 or(281)756-1825 Fax(979)864-1034 DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-889935 G&S Asphalt, Inc. dba American Materials, Inc. Stafford,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/23/2022 being filed. City of Pearland Date Acknowledged: 05/24/2022 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. ITB 21-32 Road Materials-Surface Courses Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Anguiano, Luis Stafford, TX United States X Maynard, Stephen Stafford, TX United States X Greene, Bradley Stafford, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the day of ,20 (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 000uSign Envelope ID: FAFAF1E9-121c-430F+A49E'oF41F84Aco12 � � CERTIFICATE OF INTERESTED PA���� ^~` ^ FORM 1,295 zms __- complele Nos.3,-4 and smt,eie are interested pmnes. OFFICE USE ONLY Complete Nos.u.z.a.u.and ox there arc,nvim*reueuparties. CERTIFICATION OF FILING z Narne of business entity filing form,an,d the city,state an,d country of the business entity's place Certificate Number: o/uusxness. 2022-889935 � s&S Asphalt, mo. dhaAnioican Materials, mo. Stafford,TX United States Date Filed: z Name of governmental entity or state agency that is a party to the contract for which the form is 05/23/2022 being filed. City(it Pundawd Date Acknowledged: y 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 The provided Linder the contract. |T821'32 Road Mateha|s-SurfaceCowruea Nature minterest 4 warneor Interested Party City,State,cvvmry(place v,business) (check applicable) comt,vmo*g | /m,wmeum�� �Angviuno. uvio Stafford, TX United:States X Maynard, S/ephmn 3/m8on|, T% United States X Grcomo, Bradley Stafford, /x OnitedS X ����. ��� ----- - ' ---- --------- s Check only if there in NO Interested Party. E �6 mxSvvVnmDccLxnxnum mynamciu Lu�«Am «i » . and mv6�evfW�h|s 03/07/1978________ my address ix_1 0126 Cash Road _ Stafford . TX . 77477 . US, _ (ovoo4 (vn/) (state) <Z/vmuc> (Country) |declare under penalty m perjury that the foregoing io true and Correct. Fort Bond Texas 23 � 22 e�cou�uin________ _____�mun�. Examo|___r��as __.vntm,_�—_mmyo/_ «m�___.u��__ (^mom) (v«"') sign�n m of contracting business entity DocuSign Envelope ID: FAFAF1E9-121C-430E-A49E-DF41F84ACB12 (171 OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I, ire„,eli.C„„„ (Person name), the undersigned. representative (hereafter referred to as "Representative") of /114,44,;"1:45, (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 22'70.001 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 SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this Z ti day of /7 1,1 Notary Publit'' N8"747 ';');'C'AfIN; 000uSign Envelope ID: FAFAF1E9-121c-430F+A49E'oF41F84Aco12 Purchasing Department ��� ��f �I�����U������ 281.852,1�775 351Q Liberty Driveov PeaMand. TX77581 Contractor Insurance Requirements & Agreement Contractors performing work on City property or pubhn right-of-way for the City of PeorUand ohw|| provide the City m certificate of insurance or copy oftheir insurance pn|icy(o) evidemninQ the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors perfurm�ng work onthe project have the eame types and amounts mf coverages as required herein orthat the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by tho Texas Department of Insurance totransact business in the State of Texas and must be acceptable to the City of Pearland, Listed b6mw are the types and amounts of insurances required. The City reserves the right hzamend or require additional types and amnuntoof coverages ur provisions dopendwgon the nature of the work. --- -------.....-- PROVISIONS -- E MOUNT OF INSURANCE �-- oo&io ------- | -------- � I. VVorkers' �ompenn Statutory Limits For WC, CGL. and BAL' the City iu Employers' Liability (WC) � $1� 0OO 0OO per occurrence to be provided aVVA|VEH OF � 2, �Common:ia| �enena| (PubVu� Personal Vrijury- $1'O0O'QUUper ' tube listed as � Liability (CGL)to include coverage person; Property Dar»age- didmum| insured and provided 30- kx� 1 $1'000.O0O per occurrence; day notice, ofnunoeUaUmnor material � o) Premises/Operations Gonu�|Aggiro �go $2'000,000 ~ change innovgnQ(,,.,, � � b) Products/Completed Operations =°° � � o} Independent Cordr ck�o � � ' � provided 30-day notice of d) Personal Injury uanoeH&stkmor material change in a) Contractual Liability coverage, --- ~ Combined h include coverage for: $1.000.000 CGL will include unon-contributory � , a) Owned/Leased vehicles addendum. b) Non-owned vehicles n) Hired vehicles If the contract involves a professional service,the contractor will also be required to provide the City with professional liability insurance inan amount ofotleast$1,000.000. Certificate of Insurance forms nmmybeenma||ed to: Purchasing Department mt�b���lOe�r|a�d1�^g��� C>uea1iomu regarding required insurance should be directed b» City cf Pear|ond Purchasing Department, at Thieform must benigned and returned with your bid/qumtat ion,Ymuare stating tho1youdohmvotherequ�ned insurance and if selected to perform,work for the{�ity, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City, 4 purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perforrni work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on,any and ail subcontractors performing work om the project. DocuSign Envelope ID: FAFAF1 E9-121 C-430E-A49E-DF41 F84ACB12 AccoREP ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/29/2022 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 Julia Becvar NAME: McGriff Insurance Services,Inc. PHNE 10100 Katy Freeway,#400 (NC,No,Ext): 713-877-8975 FAX No):713-877-8974 Houston,TX 77043 E-MAIL b riff.com ADDRESS:) ecvar jbecvar@mcgriff.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Charter Oak Fire Insurance Company 25615 INSURED INSURER B:The Travelers Indemnity Company of America 25666 Durwood Greene Construction Co. P.O.Box 1338 INSURER C:Navigators Insurance Company 42307 Stafford,TX 77497 INSURER D:Texas Mutual Insurance Company 22945 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:M9KE8EQT 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY DTC06F968171C0F22 03/31/2022 03/31/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ X Blanket Contractual Liability MED EXP(Any one person) $ 10,000 X X PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X2 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 8109K9133802226G 03/31/2022 03/31/2023 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED X X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) X MCS-90 $ C UMBRELLA LIAB X OCCUR LA22EXC8072691V 03/31/2022 03/31/2023 EACH OCCURRENCE $ 5,000,000 X- EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ 5,000,000 DED RETENTION$ $ D WORKERS COMPENSATION 0001178113 03/31/2022 03/31/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/NANY 1,000,000 OFFICER/MEMBER/EXCLUDED?ECUTIVE N N/A X E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as an Additional Insured on the General Liability,Automobile Liability and Excess Liability policies.Waiver of Subrogation applies in favor of Certificate holder as respects General Liability,Automobile Liability,Workers'Compensation and Excess Liability. In the event of cancellation by the insurance companies, the policies have been endorsed to provide(30)days Notice of Cancellation(except for 10 days for non-payment of premium)to the certificate holder shown below. Umbrella Liability is follow form of underlying General Liability,Automobile Liability and Employer's Liability. All as required by written contract and subject to the terms and conditions of the policy. ns. 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 AUTHORIZED REPRESENTATIVE Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD