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R2023-045 2023-02-20
DocuSign Envelope ID:45279FCE-086B-4A7C-B61D-8AF1FAC492C0 RESOLUTION NO. R2023-45 A Resolution of the City Council of the City of Pearland, Texas, awarding an installation services contract for Standby Generator Monitoring Systems to Climatec, LLC, in the estimated amount of $63,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Pursuant to Section 252.022 (a) (7) of the Texas Local Government Code, the City may procure products that are available from only one source. Section 2. That the City Council hereby awards an installation services contract to Climatec, LLC, in the estimated amount of $63,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a installation services contract for Standby Generator Monitoring Systems. PASSED, APPROVED and ADOPTED this the 20th day of February, A.D., 2023. c— DocuSigned by:: 9z LPL MAYOR ATTEST: DocuSigned by: Fraln.a-s gOt ar . :C2263A 1FFF41G6 FRANCES UILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: F4 0 DA' ' I �. OKER CITY ATTORNEY DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61 D City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. S0123-03 Stand -By Generator Monitoring System 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: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: II. Signatures DLsc►Ed LEARLAND k4n —rEtEeefeleletirmteE... _ Climatec, LLC 7701 West Little York Houston, TX 77040 Contractor will furnish, install, program and place into operation for the City of Pearland a Generator Monitoring System as needed, in accordance with specifications of Proposal # 22-3129. $63,000.00 February 25, 2023 February 24, 2024 0 R2023-45 202319:35 AM CDT CONTRACTOR Purchasing Officer Date Title: �enera� ivianag�r DocuSIgned Iv: r©30O12OO740421.. IS tl-•-___----------- -3,�4/2023 I 7:40 AM PD *Signed by: Date __Superintendent/Manager Director __Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Service Contract Standard Form Approved as to Legal Form 6.28.2021 .Date: 2/7/23 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: D20766FE-AD2A-4424-974F-E4803795D61D III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal or Proposal # 22-3129 ("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 $63,000.00, 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: 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: D20766FE-AD2A-4424-974F-E4803795D61D 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 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: D20766FE-AD2A-4424-974F-E4803795D61 D 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: Building Maintenance Supervisor Address: 3519 Liberty Drive, Pearland, TX 77581 Phone: 281.652.1684 IF TO CONTRACTOR: Climatec, LLC Attn: Eddie Rodriguez Title: Account Representative Address: 7701 West Little York Road, Houston, TX 77040 Phone: 713.983.6500 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 Page 4 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D 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: D20766FE-AD2A-4424-974F-E4803795D61D 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: D20766FE-AD2A-4424-974F-E4803795D61D Incorporated by Reference Only: Exhibit 1: Proposal #22-3129 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: D20766FE-AD2A-4424-974F-E4803795D61D ATTACHMENT A - SCOPE OF WORK Scope of services provided shall consist of furnishing, installing, programming, and placing into operation a complete generator control and monitoring system. DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D ATTACHMENT B - BID/PRICING SCHEDULE *CLIMATEC® MFIRCRINCi RI ,II f)INRS Pr TFCHNfI fGY PROPOSAL To: City of Pearland —Ray Clarks Project: Generator Monitor Project Owner: Cir - of Pearland Date: 12-21-2022 Proposal #: 22-3129 Proposed By: Eddie Rodriguez We Prop we: To provide a system of direct digital controls moral -acts red by Alerton for the project per ihe following information. Our bid is for a Native BACnet building automation and control system_ The following items are included in this proposal: Furnish install, program and place into operation a complete generator control and mcnitorinE system Provisions to monitor Generator points via LON comnrmmication At the following lot -Aim: ■ Fire Station 1 • Fire Station 4 • Fire Station • Public V4Torks • Fire Administration Building • Install LON driver and Device packs to accommodate for tie into System Commander Annunciator at above locations_ • Provisions to monitor Generator points via MODBUS ccmmamicationAt the following location • Hill House Install Alert= FLG card and Device packs to accommnadate for tie in to Kolher Annunciator at above location Provisions to replace annunciator and monitor Grnerator points at the following locations: ■ Fire Station 2 • Fire Station 3 • Install new Geneac Annunciator with eight () relay outputs and additional cable from annimriatar to Clmmatec control panel. Install new DDC controller and de-ice packs to monitor gone ator points for above locations_ Installation of commnmrcalion cable from annunciator panel and Climatec nevi DDC controllers to Climates Master Controller. • All exposed control wiring will be installed in conduit • All concealed and accessible control wiring will be installed using_ pler nmi rated open v, -ire • Programming of the DDC control system • One year parts and labor warranty • Training of the ou;ners personnel on the control s}rtena_ 7701 WEST LITTLE VORF5 QOM], SUITE 50❑ I HcunTnm. Ti[ 7704❑ I 10] 713-9.83-6S00 I WW d,GLI$AATCG,GOM I TEXAS STATE SECURITY LICENSE C 1130132 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D The following items are excluded from this proposal: • Replacement of System Commander ann nnri ators ▪ Replacement of Kohler annunciator • Trouble shooting communication port on the annunciators • Pro of mrnmciators • Trenching to enable the burial of conduit and wire that is required to install control wire • Furnishing, matmtina and wiring of duct mounted smoke detectors • Line voltage wiring, 120 1.'olts and above such as power to the control panels_ • All interlock wo-mg and terminations with the fire alarm system. • Motor controllers_ (starters and VFD's) • All manual volume dampers, fire dampers, fire and smoke dampers and their installation • Project time delays for asbestos testing, IBETIACIALLE and remocal_ asbestos abatement and cleanup services and asbestos monitoring services. • Cost of payment and performance bonds are excluded. • Sales and use taxes are excluded The services and scope of work described above can be provided all for the net sum of: Sixty Three Thousand and No11001)ollars ($63,000.00) Sales tax imot included A.s a condition of pafforni2mce. payments are to be made co a progress basis. Insodre payment must be made upon recedpt. Any alteration or desiatyoo from the above p oposalmsalsingesaa mitDfmaterialDr labia will become anesoa chain cveithe =stated above. This proposal wi become a bindir ammoieot only after accepraooe by Customer and appmed by anofiicer of CoLimcee as evidenced by their si° &abases bae:m This ageemenr seas forth a1 of the [elms and conditions biniteg upon the parries hereto; amino person tar audiority to make any :aim revreseolatiao, poclise of coo'wtianon behalf of ClmuatscwL±is not e:spessedherein This proposal is hereby accepted: By: Title: Company: Date: 5iDatare {Customer} Terms and Conditions attached: Sigaallare (Clinatec) By: Dru Dunham Title: Houston Branch \imager Company: C:liinatec, LLC Date: 7701 WEST LITTLE '1 I< ROAO, SUYTE i00 I Has LISTOM. TX 770a<0 I [P] 713-5309-6°SD0 I [Fl 715-.009-6900 WWW,GLIMATE.G,G OM I TEXAS STATE SECURITY LICENSE 13186132 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D Standard Terms and Conditions of Sale 1. CANCELLATIONS. unless'otherwise indicated_ prices quoted are subject to€e cellEI:.naresce1atiooifthisproposalisnotacceptedwithin 30 daps. 2. TERMS OF PAYMENT Subject to approval and continuance of epprovelofardirbyClimatec. (Eris of payment are as follows: (a) Iwenry perceur ('-0°•-0) of the contrmcr price is for enuring, drafting and other mobilintiao'tests incurred prior to en -sire iosralladon. This 20' initial payment is due upon el:entice and delivery of chit agreemenr and skill be billed to die purchaser on Climatec's initial invoice. (h) Climatec sill ml+odre momtbls far all materials deli wed oo the job site or to an off -sue storage facility, if -aroma al106 require, and for ail mscLlatiom labor and services performed during the billing period. Nub. on the job sire and off -sire. Purchaser agrees to pay the full amount invoiced upon receipc of the invoke. (c) If any parmenrs to v li mares are Dot made by purchaser as provided herein purhaser shall pas Climate( all reasonable cost incurred by Climatec incoLectice pith balance_ including without limitation, collecrioc a =_a_c and anorney's fees, service of process fees and court costs. (c) Clima rec shat be entitled CO itmerei r alma vmnm alto w able le ga l came_on al amomts re m r m i n a outstanding tea days beyond tie due date such interest skill be retroactive 10 the due date. 3. ACCEPTANCE. This proposaLadfesto prchaser the equipment sefrware and services specified on its fare. Acceptance of this proposal shall create an a(((men between C:Malec and purchaser (hereinafter referred co as the "conaacr'), the terms and ronditiens of which are e pressly ]imired to the pcu isiecs hereof, includine these Standard Terms and Conditions. notwithstand ire (Tr any conflictine Ora] representations made by any agent or employee of Climate(, or jL receipt of, or acknowLed'ruent by. Climarec of any purchase order, specifacatio4or ether denrmemissued 1r purchaser. No oa WEL change ur modiaation of anvof the provisiens of this proposal, orthe contract, shall be b. r,1irg on Climatec unless made in writing eslaessly stating that it is a waiver, change or modification of this propose] or the connect and is signed try an antheraed repre,enmtive of CLimarec. 4. 4.'ORIi DELAY. This proposal assumes chat equipromat and ]abet skit] be provided in acccrdacce with the intended er already published job j; If this schedule is not maintained Climatec shall be elirirle4pro recorerfrumpurchaser its reasonable costs, overhead, andFoil'arising from loch delay. 5 A"ORX BY OTHERS. Unless otherwise indicared the following work is to be performed and the following items areto be famished and inzailedbyother: Electric wiingand accetsories, alit -Lire em.(es tin l,rlinvblmtnotlimitedle flow tubes, hand ra:vres. orificeplate. ori6(e flanges. etc.;, pipe ant ves;elpeo.etrariam recludme flamees :or myoanteg pressure and level rrancmitters, reIlrp retere m on, vacirnm breaker., eauge elasses, water columns. equipment foundations, riggings. steam tracimes, and all other items and winds of like nature. Auromatic valve bodies wells and damper furnished try (in -lacer are to be instal:ren by others. d. HAZARDOUS MAITRLALS. Owner represents tat escept ID the resent h has given Climatec writtennocite of the following described materials perm m the a arioo of this aereemens, to the best of its knowledge, there is no esberrns, asbestos -containing material, fonnidehyde. o r other pareniuL7 Moir( or otherwise hazerdasm material contained m non the surfers of the floors walls, cei Lnes. insiiatioL or other strurture] components of the area of any bui]dmewhere work is required to be performed. under this agreement. If any suck nal er"nls are m f act enc accrered by C borate or by others. whether disclosed or not during the course of Climarec's work. and such materiis provide ac unafe condida4 the discovery of such material shall constitute a cause beyond Climnrer"a reasonable manna] air: Climatec shall have no oblsation to, and shall nor start er continue to peecand i s work under this agreement, until the area has 'men made sa_e by owner. or irs de signated recre secfativves. Owner shall mdemaiir man hold Climatec harmless from and aeamn any and all clams and the cads of such claim. including anomev s fees, for damages forbrt}• in_an• md'ar property damage. as well as delay orweck smapFaae in any way connected with, caused h', or remains. from such unsafe coudrtons. whether or not owner pre -wades Climatec of the miLsreirce o: above-desrnbed craterials. 7. OIL'ERT1ME. Unless otherwise stated all labor of services to be supplied by Climate( shall be supplied dmi.ng regular womitine hours on regular working days. If purchaser request drat CLimarec supply laborer services outside Rich regular working hours. any pay differential or other add:tona] expanse, shall be paid by purchaser is an MEE § DELIVERY. Delivery of equipment net agreed on the face hereof to be installed by or with assistance of Climarec shall be F.O.B. ar w are hgas a or a mix a selected by C limar ec. Peery o f equipment agreed on the b r e hereof to be installed by or with the as sis an c e of Climatec shall be C .=.F_ at site of instellatim. 9 DELAYS. Climates shall not be liable for any delay in producing. delivering- installing, or giving advice and technical assistance for, any of the equipment or software covered hereby if such delay ;halite due IS one or more of the following causes: fire, maike lockout disprte with w omb Dood, lightning, accident, delay in cransportadon, shortage offue_. inabiLiry to obrain material, war. embargo, demand or ragrrirecuenr of the United Stares er any pro verenmeotal or war activity, er any other cause what-oev:er beyond the reasonable control of Climatec. In additiam, CI®arer shall IIS1 be liable for any delays caused by failure efparchaser cm his agent or agent ofowner, to perform any of its oblieatie in a timely manner In the event 'gam; such delay. date of shipment or performance shall be extended. by a period equal to the time 1oz by reason of such delay, and Climates may allocate available equipment and software among it rummers on any reasonable and equitable basis. Any deliver or comnpledon :ate sec forth in this proposal is approxmma a only, and Climatec shall not be liable for nor shall the contract be breached hy, any deliveery by Climates within a reasonable time after such date. 10. DAMAGE OR LOSS. CTimarec shall not be liable for damage to er loss of equipment and software after delirery r0 destination derelmined 'a4 this contractor any applicable prime comtraa. If [hereafter (prior to payment in full to Climiarec by purchaser) any such equipment or sofware is damaged or desmoFedby any cause whatsoever, Cher than by the fault of C limarec, the purchaser agrees prommptlyto pay or reimburse Climate( for such Loss 7701 WEST LITTLE Yr RK 0OAO, SLI YTE 100 I HiIUSTON, T}[ 7704❑ I Da] 713-989-e cio I In] 715-cE3-6900 W44rN.GLIiAATEG.GOM I TEXAS STATE SECURITY LIGttNSE M180132 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D 11. CLANS FOR SHORTAGES. Purchaser immediately upon recut shall etamine each shipmate.. and any claim for shortage rmust to reported io C imatec promptly. 12. TES. With re gard to sales of equthnusat or software not installed by Climates. the mix mlt of a1] present and future tars and go s Emmental charms upon production_ shipment sale. ur we of the equipment or software shal be added 10 the proposal ;rite and paid by the purchaser, With regard to contracts for installation of equipment or so (ware by Cbmate€. the ammtmt of any new or increased taxes m• geva mm a ta] chains upon laboror the production shipment. sale. installation or use of equrpmwnr nr software which become 'Ufa -rive after Pate of this proposal shall be added io proposal price and paid by purchaser. If purchaser claims any such me; do not apply to transaction covered by this proposal. purchaser shall provide CLimarec with a tax exemption certificate acceptable to [acme au[haritiea. 13. WARRANTY. Equipment ius[alled by Clmurer or with assistance of Ciimarer, which is returned nauspormdou prepaid to aimarec-s ekes within ] L months after date of shipment and is found upon Climarec's inspection [o be defective in material or wou]Iman h. A i] be repaired as reu:ared free of charee and rerumn-sbipped [o Cu.[omXr. (a) CLIMATEC HEREBY EXCLUDES ALL I PLIED WARRANTIES OF MERCH.YTLBHSTYAND FTINESSS ANT ALL OTHER E7aP.ESS OR IMPLIED WARRANTIES kl ILLTSOE''ER FRITH RESPECT TO THE PRODUCTS. UNDER NO CIRCUMSTANCES, WHETHER ARISING Ilti CONTRAICI, TORT (INCLLT]LNG NEGLIGENCE), EQUTIY OR OTHERWISE, ALTS. CLLMATEC BE RESPONSIBLE FOR LOSS OF USE, LOSS OF PROFIT. INCREASED OPERATING OR MALVIENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR A_NY SPECIAL_ INDIRECT OR C ONSEQUENTIAL DAMAGES. (b) THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE. AND CLL1IATEC EE RESSLY DIS CLANS ALL OTHER WARRANTIES, WHETHER WFI1TEN, ORAL. IMPLIED OR STAITTORY. INCLUDING BUT NOT LIMITED TO AMY WARRANTIES OF MERCHANTABILITY. WORKMANSHIP. OR FITNESS FOR A PARTICULAR PURPOSE, (€) CLNATEC MAKES NO CLAIMS OR WARRANTIES WITH RESPECT TO THE SOFTEL4'AR.E AND FIRMWARE AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARR. S OF MERCHANTABILITY OR GISNESS FOR A PARTICULAR PURPOSE AND EXPRESS OR DriPLIED WARRdhTE=5 THAT THE OPERATION OF THE SOFTWARE OR FIRMWARE OR ANY PORTION THEREOF WILL BE INTERRUPTION OR ERROR FREE. (d) LN NO EVENT SHALL CLLMMATEC BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESLLTLCO FROM C LIMATE.CS PERFORMANCE, OR FAILURE TO PERFORM PURSUANT TO IBIS PROPOSAL OR THE CONTRACT_ OR THE FURNISHING. PER_FOK'rfA2cCE, OR USE OF ANY EQUIPMENT OR SOFTWARE SOLD PURSUANT HERETO. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF CLIMATEC, OR OTHERWISE. 14. SOFTWARE LICENSE ENSE Customer (enduser) MS( agree m[ is provide Or otherwise make available the Software or annypotdoo thereof. including. bur not limited to program linings_ object €ode source code and disassembles, m printed, machine readable ar any other form to any third party cwithoul ttie prier %Titren consent of Climate( and the mamifarturer. Title to me ownership of the Software, whether in original, partial o r modified form shall at all times remain with the manufacturer for each singular project nisml]atiom Failure by v astomer to amply with any provision of this Agreement inchidmg this Paragraph 11. shall immediately temiinare all rights. but none of the Oodgatioms. of Customer under this Software L•ceese. (a) Title and furl ownership Sign [o the Software and the Firmware and all copies thereof remain with h the manufacturer. Customer agrees that the Software and the Firmware are proprietary informa don and wade secrets of the manufacturer and Customer agrees to esecute an End User AgreaMEllt for the Software or the Firmware in such foma as the Pram fach= shall from. done to time prescribe. (b) Customer agree that it will not deoomptle disassemble, mane engineer. manu=actare copgofmodify anvparnonofthePro du[6. Software or the Firmware. 15. PROPRIETARY INFORMATION. All proprietary information (as defined herein) obtained by p idiecar from Climate( in connection with this agreement shaL jai„ the property of CLimatec. and purchaser shat] not divulge such info®rtion le any third party without prior wr tteo consen of CLimatec. As used Eosin the terry ' proprietary information' shall mean wrirten information (or oral infmmatiao reduced 10 writing)). o r information or rnarhin-readable form including but not limited to software suppliedta purchaser hereunder which Climates deems proprietary o rconfidentialand. characterizes as pouretu a[the rime ofdutlosuretopurchaser bymarking orlibeling the same "Proprietary. Coasdentia:.' of 'Sensitive." The purchaser shall incur no oadgations tareunder wit rupee' m proprietary information which: (a) was in the pnrcha set s possession or was known to the purchaser pram to ii s receipt from Charmer: (b) is independandy developedby the pur_haserwithout the utilization ofsorh confidendal mfarm,arionof Climates' (€) is Cif becomes public knowledge without the fault et the pirc_ha s er. (d) is or becomes available to the purchaser from a source other than abater (a) is orbeenmesavailable onann restrictedbasistuathird party ftumiC]imate€arfrom semeei eacting anderilicontrol: (f) is received by purchaser after noti.ficarion to Climate( than the purchaser will not accept any further information. 77O1 WiQIT I.Irrl F vrr Rte JRr A7, rr uITF 14d I NnueiTeaN., Tx 77o..i I IP] 71 a.oiaa-Anon I [F) 7Yi1.sih ii4Qi W.NYV. LIMAt .C.GGM I 1-tx4S e -LA tt b c.LJ etly LicemoGt tl ILllt+i DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D ALERTON January 18, 2023 To Whom It May Concern: SUB: Climatec — Houston REF: Authorized Alerton Dealer Please be advised that Climatec is the sole authorized dealer of construction and service -based Alerton building automation solutions for the Southwest region of the United States including Houston TX and serves other vertical markets across North America for Energy Services and complex, large scale multi - site applications. Our continued support of Climatec as a key Alerton Systems Integrator is based upon the industry experience of their ownership and management team, in addition to the firm's proven abilities, depth of personnel / resources, investment in dedicated local operations, and for their outstanding customer focus. Climatec's dedicated team consists of Building Technology industry veterans, with vast experience and a strong commitment to the building technologies construction and services business. The firm is fully staffed with trained and certified Alerton operations managers, system engineers, technicians, programmers, installers, project managers, sales engineers and support personnel. The executive management and engineering personnel at Climatec have been instrumental in helping guide Alerton's technical development and business direction for over a quarter century. Climate continues to be rated as a "Platinum Dealer" and is a member of the "President's Club", earning both of these distinctive achievements every year since their inception. Climatec has grown to become the largest building technologies contractor in Alerton's world-wide authorized Alerton dealer channel. As the premier provider of sophisticated building automation systems in the Southwest for Healthcare, Educational, Institutional, Mission Critical Data Center and Laboratory Environments, High End Commercial and Department of Defense projects, this group of professionals has Alerton's full support. Climatec consistently provides the highest level of service to building owners, end users, contractors and consultants. We have full confidence in Climatec to continue taking care of the customer...just like they have been doing successfully for over 30 years! Please feel free to contact me any time to discuss issues you may have. We appreciate your business, and look forward to working with you in the future. Best regards, �9i6wir Cycc</di ' Justin Caddow Regional Sales Manager I Southwest Alerton Cell - 973.650.4178 Justin.caddow@honeywell.com 16201 25th Avenue W Lynnwood, WA 98087 www.alerton.com Phone: (425) 921-4900 Toll Free: (855) 410-7938 Fax: (425) 921-4872 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 ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.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 evidencsurance coverage on any and all subcontractors performing work on the project. Project/Bid # Stand -By Company: Climatec, LLC Signature and Printed Name: Monitoring Syste DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D 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. Warranty shall include 1 year of labor and parts. DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D ® A� oCERTIFICATE OF LIABILITY INSURANCE D1TE1(MM/ D/YYYY) 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 'Marsh USA, Inc. 540 W. Madison Chicago, IL 60661 Attn: Chicago.CertRequest@marsh.com I Fax: 212-948-0770 CONTACT Marsh I U.S.Operations NAME: PHOE (A/CN No, Ext): (866) 966-4664 A(A/c, No): 212-948-0770 E-MAIL uest Chica o.CertRe marsh.com ADDRESS: Chicago.CertRequest@marsh.com @ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: HDI Global Insurance Company 41343 INSURED Climates, LLC 2851 W. Kathleen Road Phoenix, AZ 85053 INSURER B : Zurich American Insurance Company 16535 INSURER c : American Zurich Insurance Company 40142 INSURER D : Indian Harbor Insurance Company 36940 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CHI -010038747-05 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GLD5692902 01/01/2023 01/01/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 X Contractual Liability MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES jE PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X X LIABILITY ANY AUTO OWNED x SCHEDULED AUTOS NON -OWNED AUTOS ONLY BAP 1040859-07 01/01/2023 01/01/2024 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUD5693002 01/01/2023 01/01/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 50,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N NIA WC 1040858-07 01/01/2023 01/01/2024 x PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D D PROFESSIONAL LIABILITY CONTRACTOR'S POLLUTION LIAB. CEO744677506 CEO744677506 10/07/2022 10/07/2022 10/07/2023 10/07/2023 SIR: $100K Occ/Agg SIR: $100K Occ/Agg 3,000,000 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: TSA UNDER SERVICE CONTRACT S1122-07 AND T&M SERVICE WORK PERFORMED FOR CITY OF PEARLAND See next page. 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 1/ean '%.cc. ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D AGENCY CUSTOMER ID: ON 101409675 LOC #: Chicago ACORD® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY *Marsh USA, Inc. POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Climatec, LLC 2851 W. Kathleen Road Phoenix, AZ 85053 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance LOCATIONS: Facility Name: City Hall Facility Address: 3519 Liberty Dr., Pearland, TX 77581 Facility Name: Tom Reid Library Facility Address: 3522 Liberty Dr., Pearland, TX 77581 Facility Name: Fire Station #2 Facility Address: 6050 Fite Rd, Pearland, TX 77584 Facility Name: Dolres Fenwick Nature Center Facility Address: 5800 Magnolia St, Pearland, TX 77584 Facility Name: Hillhouse Facility Address: Hillhouse Rd, Pearland, TX 77584 Facility Name: Fire Admin Building Facility Address: 2703 Veterans Drive, Pearland, TX 77584 Facility Name: Fire Station #3 Facility Address: 3207 Yost Blvd, Pearland, TX 77584 Facility Name: Fire Station #1 Facility Address: 1571 Old Alvin Rd., Pearland, TX 77584 Facility Name: Fire Station #4 Facility Address: 8333 Freedom Rd, Pearland, TX 77584 Facility Name: Fire Station #8 Facility Address: 12255 Shadow Creek Pkwy, Pearland, TX 77584 Facility Name: Reflection Bay Water Reclaim Facility Facility Address: 12155 Shadow Creek Pkwy, Pearland, TX 77584 Facility Name: Public Works Administration Building Facility Address: 2016 Old Alvin Road, Pearland, TX 77584 CITY OF PEARLAND are included as additional insured (except workers' compensation and professional liability) where required by written contract. The general and auto liability insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable under the general liability, auto liability and workers' compensation policies where required by 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: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: BAP 1040859-07 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO ❑EALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ❑f the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) ❑r ❑rganization(s) wh❑ are "insureds" for Covered Autos Liability Coverage under the Wh❑ Is An Insured provision ❑f the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective ❑n the inception date of the policy unless another date is indicated below. Named Insured: Climatec, LLC Endorsement Effective ❑ate: 1.1.2023 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON ❑R ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRE❑ TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURE❑ STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTE❑ PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITE❑ BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but ❑nly to the extent that person or ❑rganization qualifies as an "insured" under the Wh❑ Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph ❑.2. ❑f Section I --- Covered Autos Coverages of the Auto ❑eaters Coverage Form. CA 20 48 10 13 INTERNAL USE ONLY © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D Notification to Others of Cancellation ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) I Organization(s): Number of Days Notice: PER SCHEDULE ON FILE WITH MARSH 30 All other terms and conditions of this policy remain unchanged. U -CA -812-A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA04491116 © Insurance Services Office, Inc., 2016 Page 1 of 1 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: BAP 1040859-07 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ❑f the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective ❑n the inception date of the policy unless another date is indicated below. Named Insured: CLIMATEC, LLC Endorsement Effective Date: 1-1-2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ONLY THOSE PERSONS ❑R ❑RGANIZATIONS FOR WHOM YOU ARE REQUIRE❑ TO WAIVE YOUR RIGHTS OF RECOVERY UNDER THE TERMS OF A WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others T❑ Us condition does not apply to the person(s) ❑r organization(s) shown in the Schedule, but ❑nly to the extent that subrogation is waived prior to the "accident" ❑r the "loss" under a contract with that person ❑r organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: GLD5692902 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s) Location s Of Covered Operations ANY PERSON ❑R ORGANIZATION FOR WHICH THE NAME❑ INSURE❑ IS ❑BLIGATE❑ TO PROVIDE SUCH COVERAGE UNDER A PRIOR WRITTEN CONTRACT ANY LOCATION FOR WHICH THE NAMED INSURE❑ IS OBLIGATE❑ TO PROVIDE SUCH COVERAGE UNDER A PRIOR WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the ❑eclarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or ❑rganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole ❑r in part, by: 1. Your acts or omissions; or 2. The acts or ❑missions of those acting ❑n your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" ❑r "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, ❑n the project (other than service, maintenance ❑r repairs) to be performed by ❑r on behalf of the additional insured(s) at the location of the covered operations has been completed; ❑r 2. That portion of "your work" out ❑f which the injury ❑r damage arises has been put to its intended use by any person ❑r organization other than another contractor ❑r subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract ❑r agreement, the most we will pay ❑n behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; ❑r 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: GLD5692902 COMMERCIAL GENERAL LIABILITY CG 20 32 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETE❑ OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description ❑f Completed Operations ANY PERSON ❑R ORGANIZATION FOR WHICH THE NAMED INSURED IS ❑BLIGATED T❑ PROVIDE SUCH COVERAGE UNDER A PRIOR WRITTEN CONTRACT ANY LOCATION FOR WHICH THE NAME❑ INSURE❑ IS ❑BLIGATE❑ T❑ PROVIDE SUCH COVERAGE UNDER A PRIOR WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) ❑r ❑rganization(s) shown in the Schedule, but ❑nly with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule ❑f this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract ❑r agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contractor agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay ❑n behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; ❑r 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: GLD5692902 IL SU 4004 (10-10) HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name, Address and E -Mail Address of Other Person(s) ! Organization(s): PER SCHEDULE ON FILE WITH CARRIER 10 DAYS FOR NON-PAYMENT 30 DAYS ALL ❑THER Number of Days Notice: (€f no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium, we shall endeavor to mail, e-mail ❑r deliver a copy of such written notice ❑f cancellation to the person(s) or ❑rganization(s) shown in the Schedule above. 11. A copy of the notice, per paragraph 1. above, will be mailed, e -mailed or delivered: 1. To the appropriate addresses corresponding to the person(s) ❑r organization(s) shown in the Schedule above; and 2. The number of days required for notice of cancellation, as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. III. ❑ur failure to provide such advance notification to the person(s) or ❑rganization(s) shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation of the po€icy. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL SU 4004 (10-10) DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: GLD5692902 COMMERCIAL GENERAL LIABILITY CG 2001 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETE❑ OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract ❑r agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D POLICY NUMBER: GLD5692902 COMMERCIAL GENERAL LIABILITY CG 24941219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC ❑ATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATE❑ SITES POLLUTION LIABILITY LIMITE❑ COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROA❑ PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON ❑R ORGANIZATION FOR WHICH THE NAMED INSURED IS OBLIGATE❑ T❑ PROVIDE SUCH COVERAGE UNDER A PRIOR WRITTEN CONTRACT ANY LOCATION FOR WHICH THE NAMED INSURED IS ❑BLIGATE❑ TO PROVIDE SUCH COVERAGE UNDER A PRIOR WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the ❑eclarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right ❑f recovery against the person(s) ❑r ❑rganization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right ❑f recovery against such person(s) or organization(s) prior to loss. This endorsement applies ❑nly to the person(s) ❑r ❑rganization(s) shown in the Schedule above. CG 24941219 © Insurance Services Office, Inc., 2018 Page 1 of 1 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D IL SU 4004 (10-10) HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name, Address and E -Mail Address of Other Person(s)/ Organization(s): Number of Days Notice: WHEN REQUIRED BY PRIOR WRITTEN CONTRACT 10 DAYS FOR NON-PAYMENT 30 DAYS ALL OTHER (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium, we shall endeavor to mail, e-mail or deliver a copy of such written notice of cancellation to the person(s) or organization(s) shown in the Schedule above. 11. A copy of the notice, per paragraph 1. above, will be mailed, e -mailed or delivered: 1. To the appropriate addresses corresponding to the person(s) or organization(s) shown in the Schedule above; and 2. The number of days required for notice of cancellation, as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. 111. Our failure to provide such advance notification to the person(s) or organization(s) shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL SU 4004 (10-10) DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) I Organization(s): Number of Days Notice: PER SCHEDULE OF FILE WITH MARSH 30 All other terms and conditions of this policy remain unchanged. WC 1040858-07 EFF 1-1-2023 WC 99 06 33 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce ❑ur right against the person or ❑rganization named in the Schedule. (This agreement applies ❑nly to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT, OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 1040858-07 EFF 1-1-2023 WC 00 03 13 (Ed. 4-84) C? 1983 National Council on Compensation Insurance. DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D 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: 2023-978333 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. Climatec, LLC 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. 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. S0123-03 Stand -By Generator Monitoring System 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) PP ) Controlling Intermediary 5 Check if there is NO Interested Party. only X 6 UNSWORN DECLARATION My name is Dru Dunham , and my date of birth is , 10/24/1979 My address is 7701 W Little York #100 Houston TX 77041) , USA . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, Slate of Te , on the 1st day of February , 20 23 , (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 DocuSign Envelope ID: D20766FE-AD2A-4424-974F-E4803795D61D CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I. by. uLt oth representative (hereafter referred to as "Representative") of (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 (Person name), the undersi reed enOLUS 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. SIGNATURE OF REP TATIVE SUBSCRIB AND SWORN TO BEFORE ME, the undersigned authority, on this 1r'3 day of 1,pfiAOJ , 20 ... y,IfeSTARA CRITTENDEN iv Notary Public, State of Texas '• Comm. Expires 12-04-2025 �'' °Fp. Notary ID 12964261-7 ,