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HomeMy WebLinkAboutR2023-044 2023-02-20DocuSign Envelope ID:45279FCE-086B-4A7C-B61D-8AF1FAC492C0 RESOLUTION NO. R2023-44 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 Choice Partners for the purchase of generator enclosure heater installation services, in the estimated amount of $152,888.08, from Generosity Services Inc. 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 Choice Partners for the purchase of generator enclosure heater installation services. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Choice Partners for the purchase of generator enclosure heater installation services, in the estimated amount of $152,888.08, from Generosity Services Inc. PASSED, APPROVED and ADOPTED this the 20th day of February, A.D., 2023. DocuSigned by: Kigali' 4001Ac1JJar4r2 J. KEVIN COLE MAYOR ATTEST: [DocuSigned by: rws 9e:C22 1FFr41s FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: lY~ F4Bc.. DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. C0123-01 Heaters for Generator Enclosures 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: Generocity Services Inc. 1212 W. Winding Way Drive Friendswood, TX 77546 Description of Services: Contractor will provide City of Pearland materials, labor, equipment and supervision to complete the installation of heaters and related electrical work to 18 generator enclosures, as needed, in accordance with specifications of Choice Partners Contract #21/039MR-08 and the attached proposal. Contract Amount: $152,888.08 Effective Date: February 25, 2023 End Date: February 24, 2024 Renewals: 0 Resolution No/Bid No: R2023 - ,Choice Partners Contract #21/039MR-08 II. Signatures a6c+CFARLAND CONTRACTOR kV),Lra, '"&'r 2/22/2023 I 1:12 PM 6Ei68D118A... Purchasing Officer Date / IY1 e/L-- �DocuSigned by: r030D12 C740423 at z o 3 2/22/2023 I 3:00 P�-F'ST Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager — up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Choice Partners Contract #21/039MR-08 ("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 one 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 zero 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 $152,888.08, 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(a,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: Erin Brown Department: Engineering & Public Works Phone: 281.652.1739 Email: ebrown@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the City's Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days' advance written notice of cancellation, material Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 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. 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. (B) (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Contract after the close of any fiscal year ofthe City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Service Contract Standard Form Page 3 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 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: Raymond Clark Title: Facilities Manager Address: 2016 Old Alvin Road, Pearland, TX 77581 Phone: 281.652.1684 IF TO CONTRACTOR: Generocity Services, Inc. Attn: Joel Mueller Title: Director of Business Address: 1212 W. Winding Way Drive, Friendswood, TX 77546 Phone: 281.482.8881 17, Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACTOR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD - PARTY DEFENDANT AS ALLOWED BY LAW. 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator's fees. 19. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City's own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment, No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 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: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 Incorporated by Reference Only: Exhibit 1: Choice Partners Contract #21/039MR-08 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: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 ATTACHMENT A -- SCOPE OF WORK Scope of services provided shall consist of providing materials, labor, equipment, and supervision to complete: Installation of electrical and heaters to 18 generator enclosures. DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 B - BID/PRICING SCHEDULE 1� it= SENEROCITY SERVICES INC Generocity Services, Inc. 1212 Winding Way Drive • Friendswood, TX 77546 • Phone: (281) 482-8881 Pearland - Jack Enoch Job Address: Multiple Address Pearland, TX 77581 Print Date: 1-4-2023 Proposal for Pearland City - Generator Heaters Dear Mr. Enoch, Generocity Services Inc. is pleased to present our preliminary proposal for the above referenced project. This project is priced in accordance with our CHOICE PARTNERS Contract #21/039MR-08 and excludes proprietary vendor and Owner's separate contractor pricing. PRELIMINARY DESIGN SPECIFICATION WAIVER All designs and specifications presented herewith are preliminary and are subject to change after review of changes due to customer requests. Any costs associated with preliminary design and scope changes will be added to the final cost of the project. SCOPE OF WORK Provide materials, labor, equipment, and supervision to complete the following: 1. EG-115 Shadow Creek WT - Install (2) Heaters Run power in existing conduit and install (2) 30 amp breakers 2. EG-118 Reflection Bayt WWTP - Install (2) Heaters Run power in existing conduit and install (2) 30 amp breakers 3. EG-114 Cullen WTP - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 4. EG-119 Alice WTP - Install (4) Heaters Run power in existing conduit and install (4) 30 amp breakers 5. EG-148 WWTP - Install (2) Heaters Run power in existing conduit and install (2) 30 amp breakers 6. EG-159 EPW - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 7. EG-120 Berry Rose WWTP - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 8. EG-156 Scott LS - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 9. EG-155 Orange LS - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 10. EG-106 McLean WTP - Install (1) Heater Run power in existing conduit and install (1) 10 KVA Transfomer 11. EG-124 Liberty WTP - Install (1) Heater Run power in existing conduit and install (1) 30 KVA Transformer 12. EG-146 Hillhouse - Install power for One Hour Run power in existing conduit and install (1) 30 amp 2 pole breaker 13. EG-117 Garden WTP - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 14. EG-125 125 Kirby WTP - Install (1) Heater DocuSign Envelope ID: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 Run power in existing conduit and install (1) 30 amp breaker 15. EG-137 Mary's Creek Detention Pond - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 16. EG-122 518 WTP - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 17. EG-126 Longword WWTP - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 18. EG-127 Southdown WWTP - Install (1) Heater Run power in existing conduit and install (1) 30 amp breaker 01-211 Bond - Insurance Items Bond Insurance Unassigned Items RS Means Houston CCI .992 Choice Partners .84 Description Price $3,300.00 Description Price $193,146.47 -$15,065.42 -$28,492.97 PRECEDENCE Total Price: $152,888.08 We have established a project -specific order o€ precedence for the inquiry documents -- not only to help establish a baseline for our pricing, but also to maintain technical continuity, to confirm the intent and priorities for the project, and to provide the basis for solving discrepancies within the inquiry and construction documents. Our order of precedence is as follows: a. Generocity Services Proposal. b. Addenda issued by Client. c. Scope of Work issued by Client within the Invitation to Bid. d. Directives and work scope specifically and graphically issued within the Construction Drawings prepared by Client. e. Manufacturer's recommendations and installation instructions, f. Directives, regarding project work scope, specifically within the Project Specifications prepared by the Client. g. All Project Specifications prepared by Client that are specifically applicable to th e project scope of work and project drawings. h. Owner's Engineering Facility Standards that are specifically referred to within this inquiry, and that hae been issued as part of the inquiry. i. Balance of applicable project bid documents. SERVICES & MATERIALS PROVIDED By CLIENT/OWNER 1. Testing and abatement of asbestos and other potentially hazardous materials. 2. Pre -design testing, investigation of soils and other existing structures for engineering purposes. 3. Probing of existing grade in effort to detect subsurface obstructions, obstacles, or hazardous material. 4. Material strength and performance testing and other quality control testing. DocuSign Envelope ID: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 5. Document preparation for permit; coordinating or making application for permit; procuring any building permits or any other permits or fees that may be applicable to this project unless otherwise noted. 6. Provisions of temporary toilet facilities for construction work force. 7. Provisions of temporary electrical power supply for construction purposes. 8. Provisions of temporary water supply for construction purposes. 9. Move, relocate, modify, repair, demolish, or otherwise alter existing facilities, material equipment, appliances, furnishings, installations, utilities, and/or structures that are not specifically noted within this scope of work. This includes hidden or latent conditions, undocumented structures, inconsistent soil condition, asbestos, and other hazardous materials in order for Generocity Services to perform the required scope of work. TECHNICAL CLARIFICATIONS 1. Components and activities specifically exclude from this proposal: a. Design and/or constructions of permanent site storm water detention or drainage structures. b. Testing of existing concrete slabs for moisture, alkali, and other contamination. Generocity Services will not be responsible for poor performance of adhered floor coverings on moisture -laden or contaminated floor slabs. c. Subsurface de -watering, of the pumping of facility leaks and spills. 2. Our proposal includes the cost of providing materials and equipment called out by model numbers within the inquiry documents. When final engineering, calculation, shop drawings, or other documentation do not support the item physical characteristics, size, shape, operational requirements, etc, required by the Client, then changes may require additional costs. 3. If any code interpretation, that may be issued by the Client, his agents, the Municipals Plan Checking Department, Code Enforcement, or Inspections Department, or Inspection Department results in additional more stringent project requirements than those shown graphically on th inquire drawings, o that is specifically named of directed within the inquiry specifications (as they relate to the drawings), the additional cost shall be assessed and passed on to the Client. EXCLUSIONS 1. Plans, architectural, engineering, geotechnical reports, materials testing laboratories. 2. On/off-site detention are not included. 3. SWPPP of containment of storm water, storm water pollution prevention planning, permitting, installations or observation. 4. Generocity Services, Inc. has not included cost for landscaping, traffic control, traffic barricades or signage, overtime o holiday work, trench drains, containments, equipment/foundations, house -keeping pads/foundations, vibrating equipment, unforeseen underground obstructions, sumps of pits. COMMERCIAL TERMS & CONDITIONS 1. Validation Period: This proposal is valid for a period of 30 calendar days after the "DATE" indicated above. 2. Material Cost Escalation: Due to the volatile and unpredictable global material marketing pricing, Generocity Services, Inc. can not guarantee project -specific pricing for the validation period stated above. If material orders and requite shipments are made at currant pricing, we will honor the material cost. If the cost of the materials increases before shipment, then the change in price will be passed on to the Client/Owner. 3. Generocity Services, Inc. will not perform work changes unless authorized in writing by the Client before the work begins. All cost assessments will include the cost of tangible items and the additional cost associated with schedule delays and extensions. 4. When materials and permanent equipment that are purchased for this project are stored either on or off site as a result of delays by Client (or Owner), or the contractors, or agents of the same, progress pay requests will include these materials and equipment items for Client approval and payment within the contract pay period. 5. Generocity Services, Inc. will not be held responsible for damages to any concealed, hidden or buried equipment, structures, pipelines, electrical lines, cable, grounding, underground utilities and other obstacles. 6. Generocity Services, Inc, will not be held responsible for personal injury from accidents resulting from encounters with any concealed, hidden or buried equipment, structures, pipelines, electrical lines, cables, grounding, and other obstacles. 7. Downtime or delays caused by Owner and/or Client during the field construction operations shall be assessed by Generocity Services, Inc. and reimbursements by Owner and/or Client. 8. Repair cost and touch-up costs made necessary by damage caused by Owner's and /or Client's personnel will be assessed by Generocity Services, Inc. and passed on to the Client. 9. Our pricing is based on a 40 -hour workweek. We have not included the cost of holiday or overtime work hours. We appreciate the opportunity to present this proposal and look forward to your review and approval. DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 Sincerely, Dan Worthington Dan Worthington (714)-709-3666 Dan2300@me.com Project Manager Generocity Services, Inc. I confirm that my action here represents my electronic signature and is binding. Signature: Date: Print Name: DocuSign Envelope ID: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 RSMeans data from G€RDIAN` Estimate Name: B22-12-27-2022 City of Pearland Generator Heaters ESTIMATE INFORMATION Client Name; Estimate Address: City of Pearland TEXAS Notes: Quantity LineNumber Description Unit Ext. Mat. 08P Ext. Labor t. Ext. Total O&P Notes 2.00 013113209200 Field personnel, project manager, average Week $ S 8,000.00 $ 8,000.90 4.00 013113209260 Field personnel, superintendent, average Week $ 5 14,900.00 $ 14,900.00 24.00 238333108260 Electric heating, cabinet unit healers, wall mounted, 120 to 277 volt, single pole, 6 kW Ea. $ 51,600.00 5 8,656.00 $ 60,256.00 72.00 260519359045 Wire connector, screw type, insulated, #12 to #6 Fa. $ 38.16 5 325.44 5 363.60 20.00 260519901250 Wire, copper, stranded, 600 volt, #10, type THWN-THHN, normal installation conditions in wireway, conduit, cable tray C.LF. $ 680.00 5 1,630.00 $ 2,310.00 2.00 260519901450 Wire, copper, stranded, 600 volt, #3, type THWN-THHN, normal installation conditions in wireway, conduit, cable tray C.L.F. 5 234.00 $ 326.00 $ 569.00 1,00 260519901550 Wire, copper, stranded, 600 volt, #1, type THWN-THHN, normal installation conditions in wireway, conduit, cable tray C.L.F. $ 176.00 $ 203.00 0 379.00 60.90 260529208070 Channels, steel, 3/4" x 1-1/2" w/12" rods, for 112" l0 1" conduit Ea. $ 741.00 5 1,620.00 S 2,361.00 13.00 260533132270 Rigid galvanized steel conduit couplings, 3/4" diameter, to 16' high Ea. 5 19.37 $ 86.30 $ 85.67 72.00 260533135220 Electric metallic tubing (EMT), field bends, 45 Deg. to 90 Deg., 3/4" diameter Ea, $ - 5 730.80 $ 730.60 70.00 260533135340 EMT offsets, 314" diameter, to 15' H Ea. S - 5 917.00 $ 917.00 500.00 260533140220 Electric metallic tubing, 3(4" diameter, to i0' high, Includes 11 couplings per 100' L.F. $ 540.00 $ 1,610.00 S 2,150.00 100.00 260533140520 Rigid galvanized steel conduit, 3/4" diameter, to 10' high, Includes 11 couplings per 100' L.F. $ 275.00 $ 650.00 S 925.00 70.00 260533251770 Conduit fillings for rigid galvanized steel, grounding bushing, insulated, 3/4" diameter Ea, $ 717.50 $ 2,030.00 5 2,747.50 2.00 260533252290 Conduit fittings for rigid galvanized steel, LE, LR or LL fittings & covers, 3f4" diameter Ea. 5 20.50 S 125.00 5 145.50 250.00 260533351090 Flexible metallic conduit, seallite, 3/4" diameter L.F. $ 357.50 $ 2,037.50 5 2,395,00 35.00 260533351700 Flexible metallic conduit, seallite, connectors, plain, 3/4" diameter Ea. $ 168.70 5 568.75 5 737.45 35.00 260533352400 Flexible metallic conduit, seallite, connectors, plain, 90 Deg., 3(4" diameter Ea. $ 329.00 5 568.75 S 897.75 14.00 260533953040 Knockouts, metal boxes & enclosures, with hole saw, 3f4" pipe size, to 8' high Ea, $ - $ 242.20 $ 242.20 3.00 262213101100 Transformer, dry -type, single phase 240/480 V primary 120/240 V secondary, 10 kVA Ea. $ 5,175.00 5 3,075.00 $ 8,250.00 5.00 262213101300 Transformer, dry -type, single phase 240/480 V primary 1201240 V secondary, 15 kVA Ea. $ 12,625.00 $ 6,750.00 5 19,375.00 1.00 262213103300 Transformer, dry -type, ventilated, 3 phase 489 V primary 120/208 V secondary, 30 kVA Ea. $ 6,775.00 $ 1,800.00 5 8,575.00 23.00 262413401120 Circuit breakers, high interrupting capacity, 2 pole, 240, 480 or 600 V, 60 amp, for feeder section Ea. $ 20,125.00 $ 2,669.00 $ 22,793.00 5.00 262413401160 Circuit breakers, high interrupting capacity, 2 pole, 240, 480 or 609 V, 100 amp, for feeder section Ea. S 5,375.00 $ 815.00 $ 6,19000 1.00 262413401200 Circuit breakers, high Interrupting capacity, 2 pole, 240, 480 or 600 V, 225 amp, for feeder section Ea. 5 3,600.00 5 232,00 $ 3,832.00 12.00 262416303260 Panelboards, 1 pole 3 wire, main circuit breaker, 240 V, 100 amp Ea. S 12,600.00 S 4,660.00 $ 17,460.00 12.00 262816204510 Safety switches, heavy duty, 3 pole, fusible, 240 volt, 30 amp, NEMA 3R Ea. 5 2,424.00 $ 3,144.00 $ 5,568.00 R S Means Estimate Houston CCI .922 Choice Partners .64 Sub Total Bond Grand Total $ 193,146.47 $ (15,065.42) S (28,492.97) $ 149,588.08 3300.00 $ 152,889.06 DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 ATTACHMENT C -- INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Employers' Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30 - day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30 -day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury -- $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebidst pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebidsApearlandtx.gov This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid# l[2" O.Z / hoicL. ar, f.-tni Lo f �' i,/ .5 Al i -u Company: �-7Ch C:2o7c, : /7 .fC12 Lf 6 . Signature and PrintedName: e_ DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 ATTACHMENT D — WARRANTY Services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. 1 year labor warranty DocuSign Envelope ID: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 ACOR®° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDfYYYY) 8/3O/2O22 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 policylies) must 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 Highpoint Insurance Group, LLC. 4300 FM 2351 Friendswood TX 77546 INSURED Generosity Services Inc 1212 Winding Way Rd Friendswood TX 77546 CONTACT Nikki {JANE: Chapman, AINS PHONE (281)204-8770 4A1C No. Ext1: E-MAIL hp CertS@hp igam' con ADDRESS: INSURER4S) AFFORDING COVERAGE INSURER A: AMCO Insurance Company FAX (2017.204-suit}AlC, No): INSURER B: Colonial County Mutual Company INSURER C: Depositors Insurance Company INSURER D: Texas Mutual Insurance Company INSURER E: Allied Property & Casualty Insurance Cc INSURER F: COVERAGES CERTIFICATE NUMBER:2022 Master Cert THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A C D E X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE X OCCUR GEN'LAGGREGATE LIMITAPPLIES PER: POLICY OTHER: X PRO- JECT AUTOMOBILE LIABILITY X ANYAUTO ALL OWNED AUTOS X HIRED AUTOS X UMBRELLA LIAR EXCESS LIAR DED I [.RETENTION $ LOC SCHEDULED AUTOS X NON -OWNED AUTOS OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Inland Marine Y/N N ADDL INVD X X X N/A SUBR WVD POLICY NUMBER ACP G1.A0 3039176415 ACP BATS 3039176415 ACP CAD 3439176415 0001241409 ACP C1MP 3039176415 POLICY EFF 4M MIDDFYYYY) 3/1/2022 3/1/2022 3/1/2022 8/18/2022 3/1/2022 POLICY EXP 4M M/DDIYYYY) 3/1/2023 3/1/2023 3/1/2023 8/18/2023 3/1/2023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability & Auto policies include blanket automatic additional insure CG74721216 & AC70050316 endorsements. The General Liability, Auto, & Workers' Con blanket automatic waiver of subrogation coverage per CG74721216, AC76050316 & WC4 Liability & Auto includes a blanket primary & non-contributory coverage per CG747 Excess policy is follow -form over the General Liability Auto & Employers Liabilit coverages are provided to the certificate holder only when there is a written con between the named insured and the certificate holder that requires such status an REVISION NUMBER: 3 ABOVE FOR THE POLICY PERIOD 'IT WITH RESPECT TO WHICH THIS S SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10, 000 PERSONAL & AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 S COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ X I STATUTE I 1ERRH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 ReetedlLeased Equipment $125,000 d per CG74340512, p policies include 20304B. The General 21216 & AC70050316. The y policies. All such tract or agreement d/or coverage. NAIC N 19100 29262 42587 22945 42579 CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Dr Pearland, TX 77581 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 S Smyrl, CRIS/MONMOS ACORD 25 (2014101) 1NS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 COMMENTS/REMARKS The General Liability & worker's Compensation policies have 30 Day Notice of Cancellation. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. DocuSign Envelope ID: 4687ECF5-49BD-43E8-6578-BD9C74C7FCF3 House Bill 89 Verification Form Prohibition on Contracts with Companies Boycotting Israel The 85'x' Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) Ic �¢-�l�L , do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) does not boycott Israel currently; and 2) will not boycott Israel during the term of the contract; and 3) is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at hftps://comptroller.texas.govtourchasing/publications/divestment.php Company Name cc -4 v,` j1L2 Si t'Sfiire of Authorized Official e'ke..kti 111474A,1 Title of Authorized Officl4l Date DocuSign Envelope ID: 4687ECF5-49BD-43E8-B578-BD9C74C7FCF3 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: 2023-978428 Date Filed: 02/01/2023 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Generocity Services Inc. Friendswood, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. C0123-01 Heaters for Generator Enclosures 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Harris, Chad Friendswood, TX United States X Harris, Amanda Friendswood, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION my name is Chad Harris , and my date of birth is 2/1/2023 My address is 23 Windmng Lane , Friendswood TX 77546 , USA , (street) (city) (state) I declare under penalty of perjury that the foregoing is true and correct. Executed in Galveston County, State of Texas , on the 1 (zip code) (country) day of February , 20 23 0 (month) (year) Signature of authorized agent of contracting business entity (Declarant) ersion v3.5.1,3ac88bc Forms provided by Texas Ethics Commission www.ethics.state.tx.us