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R2023-073 2023-04-10
RESOLUTION NO. R2023-73 A Resolution of the City Council of the City of Pearland, Texas, awarding a Chemical Feed Pump supply contract to Macauley Controls Company, in the estimated amount of $110,850.00, for the period of April 11, 2023 through April 10, 2024. 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 a Chemical Feed Pump supply contract to Macauley Controls Company, in the estimated amount of $110,850.00. Section 3. The City Manager or his designee is hereby authorized to execute a Chemical Feed Pump supply contract. PASSED, APPROVED and ADOPTED this the 10th day of March, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63 Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 6 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SUPPLY CONTRACT NO. S0323-07 CHEMICAL FEED PUMPS THIS Contract ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Macaulay Controls Company (“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:Macaulay Controls Company P. O. Box 890231 Houston, TX 77289 Description of Supplies: Contractor will provide delivery of chemical feed pumps for water treatment, for the City of Pearland, as needed, per the specifications of Quote No. BW Pumps. Contract Amount: $110,850.00 Effective Date: April 11, 2023 End Date: April 10, 2024 Renewals: 0 Resolution No/Bid No : R2023- ; Quote No. BW Pumps II.Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *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 Office Manager 03-29-23 73 DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A 4/11/2023 | 10:29 AM CDT 4/12/2023 | 3:13 PM CDT Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 6 III.Standard Contract Provisions WHEREAS, Contractor has bid to provide supplies (“Supplies”) in response to Request for Bid/Proposal or Quote No. BW Pumps (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Supplies in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for one 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 (0) additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an amount not to exceed $110,850.00, subject to approved extensions and changes. Payment will be made for Supplies completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor 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: Tammy Sue Akif Department: Engineering and Public Works Phone: 281.652.1826 Email: takif@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 6 Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10 ) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B)Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Agreement. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract y. 6.Purchase Release Order. For multiple-release purchases of Supplies to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Supplies to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Supplies shall not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Supplies before acceptance. Any Supplies or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, replacement Supplies may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is incorporated into this Contract. 9.Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 6 11.Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Supplies in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 13.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 14.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 15.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Will Marquez Title: Supervisor – Water Production Address: 2016 Old Alvin Road, Pearland TX 77581 Phone: 281.652.1900 IF TO CONTRACTOR: Macaulay Controls Company Attn: Phillip Kim Title: Sales Engineer Address: P. O. Box 890231, Houston TX 77289-0231 Phone: 281.282.0100 16.Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 6 17.Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 18.Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 19.Termination. (A)City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. (B)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant to this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 20.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 22.Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 23.Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 24.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A Supply Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 6 to the documents in the following order of priority: A.this Contract (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 25.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by City Council. 26.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 27.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 28.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 29.Entire Contract. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV.Special Terms and Conditions. None. V.Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. BW Pumps Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A ATTACHMENT A – SCOPE OF WORK Vendor shall provide chemical feed pumps for water treatment, for the City of Pearland, as needed, per the specifications of Quote No. BW Pumps. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A ATTACHMENT B – BID/PRICING SCHEDULE For Wastewater Division: For Water Production Division: DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A 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 evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # S0323-07 Company: Macaulay Controls Company Signature and PrintedName: Becky Robertson DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A ATTACHMENT D – WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/22/2022 Higginbotham Insurance Agency 11700 Katy Freeway,Suite 1100 Houston TX 77079 Ashley Enrique 817-349-2279 817-347-6981 aenrique@higginbotham.net United Fire &Casualty Co.13021 MACAU Texas Mutual Insurance Company 22945MacaulayControlsCompany P.O.Box 890231 Houston TX 77289-0231 Travelers Lloyds Insurance Company 41262 334400445 A X 1,000,000 X 300,000 X PD Ded-$500 5,000 X Contractual Liab 1,000,000 2,000,000 X X 85321580 8/27/2022 8/27/2023 2,000,000 A 1,000,000 X X X 85321580 8/27/2022 8/27/2023 A X X 2,000,000853215808/27/2022 8/27/2023 2,000,000 X 0 B X N 0001241500 8/27/2022 8/27/2023 1,000,000 1,000,000 1,000,000 C Installation Floater 6608061X478 8/27/2022 8/27/2023 See Below for Limits *Installation Floater Policy Limits-$125,000 at any one location,$125,000 Per Disaster,$125,000 At Temporary Location;$125,000 Transit Limit,$1,000 Deductible The General Liability (Including Completed Operations),Automobile Liability and Umbrella Liability policies include a blanket automatic additional insured endorsement that provides additional insured status and General Liability,Automobile Liability,Umbrella Liability and Workers'Compensation policy includes a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract that requires such status. See Attached... City of Pearland 3519 Liberty Drive Pearland TX 77581 DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: MACAU 1 1 Higginbotham Insurance Agency Macaulay Controls Company P.O.Box 890231 Houston TX 77289-0231 25 CERTIFICATE OF LIABILITY INSURANCE The General Liability,Automobile Liability and Umbrella Liability policies have a blanket Primary &Non Contributory endorsement that affords that coverage to certificate holders only where there is a written contract between the Named Insured and the certificate holder that requires such status. The General Liability and Automobile Liability,Umbrella Liability and Workers Compensation policies include a blanket notice of cancellation to certificate holders endorsement,providing for 30 days'advance notice if the policy is canceled by the company other than for nonpayment of premium,10 days'notice after the policy is canceled for nonpayment of premium.Notice is sent to certificate holders with mailing addresses on file with the agent or the company.The endorsement does not provide for notice of cancellation if the named insured requests cancellation. Umbrella is Follow Form. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A 5300 Business Dr., Huntington Beach, CA 92649 Phone: 714-893-8529 Fax: 714-894-9492 Email: sales@blue-white.com January 23, 2023 Will Marquez City of Pearland - Water Production 3501 East Orange Street Pearland, TX 77581 RE: Sole Source Letter Mr. Marquez- Macaulay Controls Corporation, headquartered in Houston, TX is the exclusive Municipal Representative for Blue-White Industries Pro-Series peristaltic, diaphragm metering pumps, flow meters to include MS-6, and pre-engineered chemical feed skids.. Macaulay Controls has been granted sole exclusivity for the promotion and sale of the Pro-Series municipal product line within the state of Texas. Respectfully, Gregory C. Campbell Southeastern Regional Manager Blue-White Industries DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A Manufacturers Representatives since 1965 MACAULAY IS A CERTIFIED WBE COMPANY Houston:P.O. Box 890231, Houston, TX 77289-0231 281/282-0100 800/299-1148 Fax: 281/282/0077 QUOTE NO:BW PUMPS JOB I.D.:PEARLAND BLUE-WHITE BID DATE: DATE:3/9/2023 TO:CITY OF PEARLAND DELIVERY:2 - 4 WEEKS ARO QUOTED BY:PHILLIP KIM EFFECTIVE DATE:60 DAYS ATTN:WASTEWATER FOB POINT:FACTORY FREIGHT:PREPAY/ADD TERMS:NET 60 DAYS ITEM QTY DESCRIPTION UNIT EXTENDED 1 10 Blue White Flex-Pro Series M3 Peristaltic Metering Pump $4,275.00 $42,750.00 M324-SNGG * 0.0019 to 19.02 GPH * 115 VAC * 3/8" OD x 1/4" ID tube compression fitting * 5 year warranty TOTAL $42,750.00 QUOTE DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A QUOTATION TERMS AND CONDITIONS TERMS:ALL OPEN ACCOUNTS WHICH ARE PAST DUE WILL BE CHARGED 1-1/2% OF THE PAST DUE BALANCE PER MONTH (18% PER ANNUM). ORDERS ENTERED ON THIS QUOTATION NUMBER MUST CONFORM TO THE PRICE, TERMS AND CONDITIONS SHOWN AND REFER TO THE QUOTATION NUMBER. MATERIALS OFFERED ARE BASED ON OUR BEST UNDERSTANDING OF YOUR SPECIFICATIONS AND SUBJECT TO THE CONDITIONS PRINTED BELOW. QUOTATION IS BASED ON CURRENT LABOR AND MATERIAL COSTS AND IS SUBJECT TO CURRENT PRICING POLICIES OF THE MANUFACTURER. ALL ORDERS PLACED FOR ITEMS INCLUDED IN THIS QUOTATION ARE SUBJECT TO FINAL ACCEPTANCE BY THE MANUFACTURER. PURCHASER SHALL BE DEEMED TO HAVE ACCEPTED THESE CONDITIONS UPON (1) PLACING AN ORDER OR (2) MANUFACTURER BEGINNING PRODUCTION FOR THE MATERIALS COVERED BY THIS QUOTATION. QUOTATION WILL REMAIN IN EFFECT FOR THE SPECIFIED TIME, AND AFTER THIS EXPIRATION DATE, ALL PRICING AND DISCOUNTS QUOTED ARE SUBJECT TO CHANGE WITHOUT NOTICE. DELIVERY ASSURANCE AS QUOTED HEREIN IS NOT GUARANTEED AND IS BASED ON FACTORY'S MATERIAL SUPPLIERS' ABILITIES TO MAINTAIN SCHEDULES. ALSO, DELIVERY IS SUBJECT TO STRIKES, ACCIDENTS, OR OTHER UNAVOIDABLE DELAYS BEYOND THE MANUFACTURERS CONTROL. WE ASSUME NO LIABILITY FOR DELAYS IN SHIPMENT OF MATERIALS AS COVERED BY THIS QUOTATION. DELIVERY SHALL BE F.O.B. POINT OF MANUFACTURE OF MATERIALS COVERED BY THIS QUOTATION. DELIVERY MATERIALS STATED TO BE "STOCK" AT TIME QUOTATION IS MADE ARE SUBJECT TO AVAILABILITY AND PRIOR SALES. ORDERS ENTERED FOR PRODUCTION ARE NOT SUBJECT TO CANCELLATION UNLESS BY WRITTEN AGREEMENT WITH THE MANUFACTURER. MATERIAL HAVING BEEN SHIPPED CANNOT BE RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF THE MANUFACTURER, AND ANY SUCH RETURN SHIPMENTS ARE THEN SUBJECT TO MANUFACTURER'S RETURN STOCK AND RECONDITIONING CHARGES AND PURCHASER SHALL BE RESPONSIBLE FOR ALL ASSOCIATED CHARGES AND COSTS. UNLESS OTHERWISE INDICATED, ALL PRICES QUOTED DO NOT INCLUDE ANY TAX-ASSESSMENT OR CHARGE UPON THE MANUFACTURER'S PRODUCTION, SALES AND/OR SHIPMENT OF SAID PRODUCTS, NOW OR HEREAFTER IMPOSED BY FEDERAL, STATE, MUNICIPAL, AND/OR OTHER GOVERNMENTAL AUTHORITY. ANY SUCH TAX, OR CHARGE AFORESAID WILL BE CHARGED TO THE PURCHASER'S ACCOUNT IN ACCORDANCE WITH THE STATUTORY OR OTHER REQUIREMENTS RELATING THERETO. ALL NEW PRODUCTS HAVE LIMITED WARRANTIES IN ACCORDANCE WITH THE MANUFACTURER'S GUARANTEES, WARRANTIES, OR POLICIES. ANY REPLACEMENT OF DEFECTIVE MATERIAL, OR MATERIALS, WILL BE MADE IN ACCORDANCE WITH SUCH GUARANTEE OR WARRANTY POLICIES BUT, IN ANY CASE, RESPONSIBILITY ENDS WITH THE REPLACEMENT OF THE DEFECTIVE PART, OR PARTS AND NO RESPONSIBILITY WILL BE ASSUMED FOR UNAUTHORIZED REPAIR OR REPLACEMENT OF SAID PRODUCT. ALSO, NO LIABILITY, NOR ANY EXPENSE WILL BE INCURRED DUE TO FAILURE OF SAID PRODUCT EXCEPTING REPLACEMENT OF THE DEFECTIVE PART, OR PARTS, BY THE MANUFACTURER, ANY SUCH RETURN SHIPMENTS ARE THEN SUBJECT TO MANUFACTURER'S POLICIES AND PARAGRAPH 7 HEREOF. SHOULD THE PURCHASER OR ITS CUSTOMER REVISE OPERATING OR INSTALLATION SPECIFICATIONS, AFTER THIS QUOTATION IS MADE, TO OTHER THAN THOSE ORIGINALLY SPECIFIED, MANUFACTURER RESERVES THE RIGHT TO REVISE, OR WITHDRAW, THIS QUOTATION, AND TO SUBMIT PRICES FOR THE MATERIALS WHICH WILL BE RECOMMENDED TO MEET THE REVISED SPECIFICATION. COMMERCIAL, OR SPECIAL EXPORT CRATING, OR SPECIAL BOXING OR CRATING FOR DOMESTIC SHIPMENT, WILL BE ADDED TO REGULARLY QUOTED PRICES, UNLESS OTHER INDICATED IN THIS QUOTATION. EXTRA OR SPECIAL CHARGES IMPOSED BY THE MANUFACTURER, AND NOT COVERED BY THIS QUOTATION, ARE TO BE COVERED BY SUPPLEMENTAL QUOTATIONS IN ACCORDANCE WITH PARAGRAPH 2 HEREOF, OR SUCH EXTRA PRICES, WHEN NOT COVERED BY A FORMAL WRITTEN QUOTATION, TO BE ACCEPTED BY WRITTEN CONSENT OF PURCHASER. ALL ORDERS ACCEPTED BY MANUFACTURER AS A RESULT OF THIS QUOTATION ARE TO INCORPORATE OUR PRICE TERMS & CONDITIONS AS A PART OF THE ORDER BY REFERENCE TO OUR QUOTATION NUMBER. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL DISPUTES THAT ARISE FROM THIS QUOTATION AND/OR ANY RESULTANT ORDERS ARE TO BE LITIGATED IN HARRIS COUNTY, TEXAS USA. ORDERS ENTERED TO US FOR PRODUCTS OR MATERIALS FOR CONSTRUCTION UNDER THE TERMS OF MILLER, MCGREGOR OR HARDEMAN BONDING ACTS, ARE TO BE BOUND WITH 100% PAYMENT AND PERFORMANCE BONDS UNLESS SPECIFICALLY WAIVED IN WRITING BY MANUFACTURER. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A Manufacturers Representatives since 1965 MACAULAY IS A CERTIFIED WBE COMPANY Houston:P.O. Box 890231, Houston, TX 77289-0231 281/282-0100 800/299-1148 Fax: 281/282/0077 QUOTE NO:BW PUMPS JOB I.D.:PEARLAND BLUE-WHITE BID DATE: DATE:3/9/2023 TO:CITY OF PEARLAND - WATER DELIVERY:2 - 4 WEEKS ARO QUOTED BY:PHILLIP KIM EFFECTIVE DATE:60 DAYS ATTN:WILL MARQUEZ FOB POINT:FACTORY wmarquez@pearlandtx.gov FREIGHT:PREPAY/ADD 281-652-1900 TERMS:NET 60 DAYS ITEM QTY DESCRIPTION UNIT EXTENDED 1 10 Blue White Flex-Pro Series M3 Peristaltic Metering Pump $4,275.00 $42,750.00 M324-SNGG * 0.0019 to 19.02 GPH * 115 VAC * 3/8" OD x 1/4" ID tube compression fitting * 5 year warranty 2 10 Blue White Flex-Pro Series M2 Peristaltic Metering Pump $2,535.00 $25,350.00 M224-SNGG * 0.01 to 17.2 GPH * 115 VAC * 3/8" OD x 1/4" ID tube compression fitting * 5 year warranty TOTAL $68,100.00 QUOTE DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A QUOTATION TERMS AND CONDITIONS TERMS:ALL OPEN ACCOUNTS WHICH ARE PAST DUE WILL BE CHARGED 1-1/2% OF THE PAST DUE BALANCE PER MONTH (18% PER ANNUM). ORDERS ENTERED ON THIS QUOTATION NUMBER MUST CONFORM TO THE PRICE, TERMS AND CONDITIONS SHOWN AND REFER TO THE QUOTATION NUMBER. MATERIALS OFFERED ARE BASED ON OUR BEST UNDERSTANDING OF YOUR SPECIFICATIONS AND SUBJECT TO THE CONDITIONS PRINTED BELOW. QUOTATION IS BASED ON CURRENT LABOR AND MATERIAL COSTS AND IS SUBJECT TO CURRENT PRICING POLICIES OF THE MANUFACTURER. ALL ORDERS PLACED FOR ITEMS INCLUDED IN THIS QUOTATION ARE SUBJECT TO FINAL ACCEPTANCE BY THE MANUFACTURER. PURCHASER SHALL BE DEEMED TO HAVE ACCEPTED THESE CONDITIONS UPON (1) PLACING AN ORDER OR (2) MANUFACTURER BEGINNING PRODUCTION FOR THE MATERIALS COVERED BY THIS QUOTATION. QUOTATION WILL REMAIN IN EFFECT FOR THE SPECIFIED TIME, AND AFTER THIS EXPIRATION DATE, ALL PRICING AND DISCOUNTS QUOTED ARE SUBJECT TO CHANGE WITHOUT NOTICE. DELIVERY ASSURANCE AS QUOTED HEREIN IS NOT GUARANTEED AND IS BASED ON FACTORY'S MATERIAL SUPPLIERS' ABILITIES TO MAINTAIN SCHEDULES. ALSO, DELIVERY IS SUBJECT TO STRIKES, ACCIDENTS, OR OTHER UNAVOIDABLE DELAYS BEYOND THE MANUFACTURERS CONTROL. WE ASSUME NO LIABILITY FOR DELAYS IN SHIPMENT OF MATERIALS AS COVERED BY THIS QUOTATION. DELIVERY SHALL BE F.O.B. POINT OF MANUFACTURE OF MATERIALS COVERED BY THIS QUOTATION. DELIVERY MATERIALS STATED TO BE "STOCK" AT TIME QUOTATION IS MADE ARE SUBJECT TO AVAILABILITY AND PRIOR SALES. ORDERS ENTERED FOR PRODUCTION ARE NOT SUBJECT TO CANCELLATION UNLESS BY WRITTEN AGREEMENT WITH THE MANUFACTURER. MATERIAL HAVING BEEN SHIPPED CANNOT BE RETURNED WITHOUT PRIOR WRITTEN PERMISSION OF THE MANUFACTURER, AND ANY SUCH RETURN SHIPMENTS ARE THEN SUBJECT TO MANUFACTURER'S RETURN STOCK AND RECONDITIONING CHARGES AND PURCHASER SHALL BE RESPONSIBLE FOR ALL ASSOCIATED CHARGES AND COSTS. UNLESS OTHERWISE INDICATED, ALL PRICES QUOTED DO NOT INCLUDE ANY TAX-ASSESSMENT OR CHARGE UPON THE MANUFACTURER'S PRODUCTION, SALES AND/OR SHIPMENT OF SAID PRODUCTS, NOW OR HEREAFTER IMPOSED BY FEDERAL, STATE, MUNICIPAL, AND/OR OTHER GOVERNMENTAL AUTHORITY. ANY SUCH TAX, OR CHARGE AFORESAID WILL BE CHARGED TO THE PURCHASER'S ACCOUNT IN ACCORDANCE WITH THE STATUTORY OR OTHER REQUIREMENTS RELATING THERETO. ALL NEW PRODUCTS HAVE LIMITED WARRANTIES IN ACCORDANCE WITH THE MANUFACTURER'S GUARANTEES, WARRANTIES, OR POLICIES. ANY REPLACEMENT OF DEFECTIVE MATERIAL, OR MATERIALS, WILL BE MADE IN ACCORDANCE WITH SUCH GUARANTEE OR WARRANTY POLICIES BUT, IN ANY CASE, RESPONSIBILITY ENDS WITH THE REPLACEMENT OF THE DEFECTIVE PART, OR PARTS AND NO RESPONSIBILITY WILL BE ASSUMED FOR UNAUTHORIZED REPAIR OR REPLACEMENT OF SAID PRODUCT. ALSO, NO LIABILITY, NOR ANY EXPENSE WILL BE INCURRED DUE TO FAILURE OF SAID PRODUCT EXCEPTING REPLACEMENT OF THE DEFECTIVE PART, OR PARTS, BY THE MANUFACTURER, ANY SUCH RETURN SHIPMENTS ARE THEN SUBJECT TO MANUFACTURER'S POLICIES AND PARAGRAPH 7 HEREOF. SHOULD THE PURCHASER OR ITS CUSTOMER REVISE OPERATING OR INSTALLATION SPECIFICATIONS, AFTER THIS QUOTATION IS MADE, TO OTHER THAN THOSE ORIGINALLY SPECIFIED, MANUFACTURER RESERVES THE RIGHT TO REVISE, OR WITHDRAW, THIS QUOTATION, AND TO SUBMIT PRICES FOR THE MATERIALS WHICH WILL BE RECOMMENDED TO MEET THE REVISED SPECIFICATION. COMMERCIAL, OR SPECIAL EXPORT CRATING, OR SPECIAL BOXING OR CRATING FOR DOMESTIC SHIPMENT, WILL BE ADDED TO REGULARLY QUOTED PRICES, UNLESS OTHER INDICATED IN THIS QUOTATION. EXTRA OR SPECIAL CHARGES IMPOSED BY THE MANUFACTURER, AND NOT COVERED BY THIS QUOTATION, ARE TO BE COVERED BY SUPPLEMENTAL QUOTATIONS IN ACCORDANCE WITH PARAGRAPH 2 HEREOF, OR SUCH EXTRA PRICES, WHEN NOT COVERED BY A FORMAL WRITTEN QUOTATION, TO BE ACCEPTED BY WRITTEN CONSENT OF PURCHASER. ALL ORDERS ACCEPTED BY MANUFACTURER AS A RESULT OF THIS QUOTATION ARE TO INCORPORATE OUR PRICE TERMS & CONDITIONS AS A PART OF THE ORDER BY REFERENCE TO OUR QUOTATION NUMBER. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL DISPUTES THAT ARISE FROM THIS QUOTATION AND/OR ANY RESULTANT ORDERS ARE TO BE LITIGATED IN HARRIS COUNTY, TEXAS USA. ORDERS ENTERED TO US FOR PRODUCTS OR MATERIALS FOR CONSTRUCTION UNDER THE TERMS OF MILLER, MCGREGOR OR HARDEMAN BONDING ACTS, ARE TO BE BOUND WITH 100% PAYMENT AND PERFORMANCE BONDS UNLESS SPECIFICALLY WAIVED IN WRITING BY MANUFACTURER. DocuSign Envelope ID: B39686A9-7E03-4966-8449-1A2939A3530A