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R2023-149 2023-06-26RESOLUTION NO. R2023-149 A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with The Interlocal Purchasing System Cooperative for the purchase of furniture, fixtures, and equipment associated with the Law Enforcement Training Center Project, in the estimated amount of $124,908.42, from The Luck Company. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner The Interlocal Purchasing System Cooperative for the purchase of furniture, fixtures, and equipment associated with the Law Enforcement Training Center Project. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with The Interlocal Purchasing System Cooperative for the purchase of furniture, fixtures, and equipment, in the estimated amount of $124,908.42, from The Luck Company. PASSED, APPROVED and ADOPTED this the 26th day of June, 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: 9D94D508-A547-441B-9DB0-19DDC1E248FB City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. #C0523-10 Furniture Delivery and Installation for the Law Enforcement Training Center THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home­ rule municipal corporation ("City") and The Luck Company ("Contractor"), and consisting of the following parts: I.Summary of Contract Terms II.Signatures Ill. 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 CITY OF PEARLAND Purchasing Officer *Signed by: __ Superintendent/Manager Director The Luck Company 6106 Wiser Lane Houston, TX 77008 Furniture Delivery and Installation for the Law Enforcement Training Center $124,908.42 June 27, 2023 June 26, 2024 0 R2023-149, Quote No. AAAQ2966, Deskmakers TIPS #00301, OFS Omnia #R191813 - Date Date __ Deputy/Assistant City Manager __ City Manager *City Contract Signature Authority:Superintendent/Manager -up to $10,000 Director -$10,001 -$30,000 City Manager/Deputy/Assistant City Manager -$30,001 + City Council Resolution over $50,000 Service Contract Standard Form Page l of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C 6/27/2023 | 8:46 AM CDT 6/27/2023 | 10:57 AM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal or Quote No. #AAAQ2966, Deskmakers TIPS #200301, OFS Omnia #R191813 (“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 two (2) months, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 0 additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an amount not to exceed $124,908.42, 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: Francesca Beltran Department: Engineering & Public Works Phone: 281.652.1946 Email: fbeltran@pearlandtx.gov 5. Insurance; Bonds. DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 (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 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. DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an 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: Jesica Portie Title: Project Manager Address: 2016 Old Alvin Road, Pearland, TX 77581 Phone: 281.652.1743 IF TO CONTRACTOR: The Luck Company Attn: Jere Luck Title: Owner Address: 6106 Wister Lane, Houston, TX 77008 Phone: 713.527.0708 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 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. 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 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 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 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 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP/ Quote No. AAAQ2966, Deskmakers TIPS #200301, OFS Omnia #R191813 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C ATTACHMENT A – SCOPE OF WORK Vendor shall provide assistance with logistics, delivery and set-up of furniture to include task chairs, office furniture, benches and training tables. Freight assembly and installation included, per the guidelines of the Quote No. AAAQ2966, Deskmakers TIPS #200301, OFS Omnia #R191813. DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C ATTACHMENT B – BID PRICING SCHEDULE DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C 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 # Company: Signature and Printed Name: DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C 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 5/22/2023 Brady,Chapman,Holland &Associates 2190 North Loop West,Suite 200 P.O.Box 922019 Houston TX 77018 713-688-1500 713-688-7967 ecerts@bch-insurance.com Continental Casualty Co.(CNA)20443 Continental Insurance Company 35289HoustonInstallationServices,Inc. 421 W.Crosstimbers St. Houston TX 77018 Texas Mutual Insurance Co 22945 1586889289 A X 1,000,000 X 500,000 15,000 1,000,000 2,000,000 X 5099292744 1/31/2023 1/31/2024 2,000,000 B 1,000,000 X X X X 5099292758 1/31/2023 1/31/2024 B X 5,000,000 X 7036696465 1/31/2023 1/31/2024 5,000,000 X 10,000 C X N 0001085404 1/31/2023 1/31/2024 1,000,000 1,000,000 1,000,000 A Installation Floater MTC Legal Liab. C5099339318 1/31/2023 1/31/2024 IF Limit IF Transit Limit Per Veh. $1,500,000 $300,000 $75,000 The forms referenced and attached are the actual forms of the policies listed on this certificate.The policy includes Blanket additional insured on the general liability per form CNA75079 (10/16)and automobile per form CNA83700XX (10/15)with a waiver of subrogation on the general liability per form CNA74705 (1/15),automobile per form CNA83700XX (10/15)and workers compensation per form WC 42 03 04 B,when required by written contract.Primary and non-contributory wording on general liability per form CNA74705 (1/15)and automobile per form CNA71527XX (10/12)when required by written contract. The Excess follows form as specifically set forth in the terms,conditions or endorsement of the policy per form CNA75501XX (5/15).30 Day Notice of Cancellation. See Attached... City of Pearland 3519 Liberty Drive Pearland TX 77581 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C 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: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Q U O T E Number AAAQ2966 Date May 11, 2023 6106 Wister Lane Houston, TX 77008, t. (713) 527-0708 f. (713) 634-2664 Name/Address City of Pearland 2555 Cullen Pearland, TX 77581 Terms Due upon receipt Description Qty Cost Total Deskmakers TIPS Contract: # 200301 4 $611.68 $2,446.72Breakroom: 36" square table with silver X base. Laminate: Slate Grey 1 $7,211.41 $7,211.41Lobby: Reception station single box/box/file pedestal desk 30"x90" in Tenino Grey laminate, 24"x72" single file/file return in Tenino Grey laminate. Transaction counter in white laminate with glass top with set offs in silver. 4 $3,523.06 $14,092.24Offices: L group consisting of the following: 1 - 36" x 72" single ped desk, with chassis in Iron Hemlock laminate and top in Slate Grey laminate. 1- grommet on top of desk under the overheads. 1 - 48"x24" single ped return in the same laminate as desk, with 1 grommet in center. 84" wallmounted overheads with doors in Iron Hemlock laminate and top of overheads in Slate Grey laminate. Tackboard: Chase/Shadow. 2 task lights. Pulls: Silver 30 $1,198.55 $35,956.50Training Room: Flip and nest 24" x 72" training table with locking casters, in Driftwood laminate. Recessed Power/USB with 2 outlets and 2 USB cut outs. Boxes can be daisy chained in the field. Leg finish: Silver 5 $180.65 $903.2512"H x 72"W hinged laminate modesty panel for use with flip-top baes. Finish: Driftwood laminate Continued On Next Page ... Page 1 of 4 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Description Qty Cost Total OFS Omnia Contract: R191813 1 $1,703.94 $1,703.94Lectern with table on the left of user's side. Laminate: Work surface and top of lectern: Steel. Laminate on the chassis: Drift. Electrical grommet on work surface of table. Lockable door on chassis with adjustable shelf inside. All trim to be in silver. KI 8 $339.66 $2,717.28Office guest chairs: Doni guest chair with black poly outter frame, armless, upholstered seat and back in Sway/Onyx upholstery. Silver legs. 16 $223.56 $3,576.96Breakroom: Doni poly/poly armless chairs in Nordic poly on the back, and Cool Grey poly on the inside. silver legs. 2 $642.60 $1,285.20Lobby: Affina Rectangular End table in Florence Walnut laminate 2 $2,084.40 $4,168.80Affina multiple seating, 2 seat, open arm, black poly arm cap, with contrast fabric: Backs: Frieze/Hudson. Seats: Allure/VIP Navy. Wood finish: Florence Walnut on Beech 2 $2,084.40 $4,168.80Affina multiple seating, 2 seat, open arm, black poly arm cap, with contrast fabric: Backs:Allure/VIP Navy. Seats: Frieze/Hudson. Wood finish: Florence Walnut on Beech 4 $605.88 $2,423.52Task chairs: Diem Weight-Activated task chair with seat depth adjustment and 4D arms. Back: Black mesh. Seat: Sway/Onyx 1 $605.88 $605.88Lobby Task chair: Diem Weight-Activated task chair with seat depth adjustment and 4D arms. Back: Black mesh. Seat: Pallas/Allure/VIP Navy 60 $522.72 $31,363.20Training Room: Torsion Air Nesting Armless chair with casters, upholstered seat/Mesh back. Mesh: Black. Seat upholstery: Merge/Midnight. Silver legs 2 $1,435.86 $2,871.72Isle Power Tower in black 1 $9,413.00 $9,413.00Receive, deliver and install during regular business hours, Mon-Fri, 8-5 Continued On Next Page ... Page 2 of 4 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C Description Qty Cost Total NON-RETURNABLE / NON REFUNDABLE SPECIAL ORDER PRODUCT SubTotal $124,908.42 8-10 weeksLEAD TIME AFTER ORDER IS RECEIVED BY TLC Tax $0.00 Shipping $0.006/11/2023QUOTATION EXPIRES: DATE:Total $124,908.42 APPROVAL SIGNATURE: Page 3 of 4 DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale become a part of any sale to buyer, is intended to set forth the scope of seller's1. responsibilities, and together with seller’s Project Form and Installation Disclaimer, constitute the entire agreement between the parties once accepted by The Luck Company, L.L.C. (“TLC”). The foregoing quote is an invitation for a offer from buyer and is not a contract until a) a signed quote is received by TLC in its offices no later than noon of the date the quote expires, b) any required deposit has been received by TLC and c) buyer’s offer is accepted in writing by an authorized officer of TLC. Buyer acknowledges that the goods are special order products which are custom made upon order and are generally not2. manufactured until receipt of the order, and once ordered cannot be canceled. Title and risk of loss or damage to the goods shall pass to buyer upon tender of delivery at buyer's address shown, regardless3. of when partial or final payment is to be made by buyer, except that a security interest in the goods shall remain in TLC, regardless of mode of attachment to realty or other property, until full payment in cash has been made. Buyer shall execute the necessary documents to perfect TLC’s security interest, failing which TLC may perfect such interest on behalf of buyer. Buyer shall have the right to reasonable inspection for completeness and/or shortages of goods after delivery, which4. inspection must be completed within three (3) calendar days after the date of delivery. Any rejection by buyer as to part or all of the goods supplied by TLC shall be in writing specifically stating the non-conformities thereof, and delivered to TLC within three days after delivery. In such event, TLC shall have a reasonable period of time to correct the non-conformities or to replace the goods. Buyer's failure to make rejection within the time period stated or failure to allow TLC to cure buyer's objections shall be deemed to conclusively establish acceptance by buyer. TLC’s quoted delivery dates are estimates only; TLC is relying upon estimates from the manufacturer. In the event of delay5. in performance due to any cause beyond TLC’s reasonable control, the date of delivery or time for completion shall be adjusted to properly reflect the delay. Unless specifically itemized, the price quoted in TLC’s quote does not include any federal, state or other taxes that may be6. applicable to this transaction, the goods, its sale, or any services performed in connection therewith. Such taxes shall be paid by buyer to TLC, unless buyer’s tax exemption number is provided. Any warranties on the products sold hereby are those made by the manufacturer of such products. The Luck Company,7. L.L.C. hereby expressly disclaims all warranties, either express or implied. Accessories or goods furnished by TLC, but manufactured by others, shall carry whatever warranty, if any, the manufacturers have conveyed to TLC and which can be passed on to buyer. TLC shall not be liable for any repairs, replacements, or adjustments to the goods or for any costs of labor performed by buyer without TLC’s prior written approval. TLC makes no performance warranty of any kind.8. TLC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,9. EXCEPT THAT OF GOOD TITLE TO THE GOODS, AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. BUYER ACKNOWLEDGES IT IS NOT RELYING UPON ANY REPRESENTATION FROM TLC. Buyer shall not have the right to retain, back-charge, or set off against any amounts which may become payable to TLC under10. this agreement or otherwise. The remedies of buyer set forth herein are exclusive, and the total liability of TLC with respect to this agreement or the goods11. and services furnished hereunder, in connection with the performance or breach thereof, or from the manufacturer, sale, delivery, installation, repair or technical direction covered by or furnished under this agreement, whether based on contract, warranty, negligence, indemnity, strict liability, statute, or otherwise, shall not exceed the purchase price of the goods. No waiver by TLC of any breach of any part of the agreement with buyer shall be construed as a waiver of any succeeding12. breach of the same or of any other covenant or condition, and in no event shall this provision itself be waived. This contract is not cancelable by either party hereto except (a) upon previously agreed terms reduced to writing or (b) upon13. occurrence of an event that by law allows cancellation by a party hereto. Buyer agrees to pay eighteen percent (18%) interest on all past due sums, commencing thirty days after delivery of invoice.14. DocuSign Envelope ID: 47EE67C5-55F7-4BDC-970F-BB9EB3FF054C