Loading...
R2023-157 2023-07-10RESOLUTION NO. R2023-157 A Resolution of the City Council of the City of Pearland, Texas, awarding a labor and material contract for HVAC Replacement Services (Fire Administration) to TD Industries, in the estimated amount of $190,895.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through Cooperative Purchasing Partner – OMNIA Partners for HVAC Replacement Services. Section 2. That the City Council hereby awards a contract to TD Industries, in the estimated amount of $190,895.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for HVAC Replacement Services. Reconstruction Project. PASSED, APPROVED and ADOPTED this the 10th day of July, 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: 9B5F4B06-9C2E-436D-BE54-AAB93054328C Senior Vice President 06/30/2023 DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E 7/11/2023 | 2:20 PM CDT 7/12/2023 | 8:23 AM CDT DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E C0623-14 TDIndustries, Inc. James Venegas DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E Page 1 of 3 TDIndustries is licensed and regulated by the Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 1-800-803-9202 or 512-463-6599 www.license.state.tx.us Texas State Board of Plumbing P.O. Box 4200 Austin, TX 78765 Company:City of Pearland Building Name: City of Pearland - Fire/EMS Administration Bldg Bill to Address: 3519 Liberty Dr, Pearland, TX 77581 Building Address: 2703 Veterans Drive Pearland, TX 77584 Contact:Ray Clark Job Name:(2) 30-Ton AAON OAHU Phone:Date:7/6/23 Email:rclark@pearlandtx.gov Quote No: TDIndustries, Inc. is very pleased to have the opportunity to provide pricing for the above referenced property. Please find listed below the scope of work that will be performed. Scope of Work: Notes: •This proposal does not include after-hours labor •Additional repairs will be quoted separately •Stated price is valid for 30 days from date issued •Expected lead time is 18-20 weeks Total Price for Labor and Materials (Excluding Sales Tax) ------- $190,895.00 * Net due upon receipt of invoice. Remit to P.O. Box 300008, Dallas, TX 75303-0008 Thank you very much for the opportunity to provide pricing for the work listed above. Please contact me at the numbers listed below if you have any questions or need further information. Respectfully submitted, Bob Boyd Estimator II TDIndustries Bob.boyd@TDIndustries.com C: 346-206-8168 __________________________ Accepted by ___________________________ Date 1. Complete Pre-Task Safety Plan 2. Lock Out Tag Out electrical source 3. Disconnect electrical and drain line piping 4. Remove and dispose of existing (2) 30-Ton RTU with assistance of a crane 5. Install (2) new 30-ton AAON OAHU with assistance of a crane 6. Start up and commission 7. Clean up all job-related debris 8. All controls are excluded 9. Work to be done on regular time. (M-F 7:00am-3:30pm) OMINIA #R200403 DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E Page 2 of 3 Clarifications •Following our core value to “Fiercely Protect”, our employees are empowered to stop work at any time where they deem the safety of themselves or anyone else is in jeopardy. We will immediately seek to resolve any concerns by engaging with our customer and safety department to elevate the issue which will allow work to resume. •This proposal is based on performing work during normal working hours and at normal wage rates paid by TDIndustries, Inc. •Price is based on the assumption that the structure is of sufficient strength that all piping, duct and equipment can be supported from it. •Proposal is inclusive of all permits and inspections as required by local and state agencies. Where work is being performed under a General Contractor, we will validate under Contractors Building Code permit. •All pricing is based on award of contract and work commence not later than 60 days from the date of this proposal with pricing subject to review after 30 days from the date of proposal. •TDIndustries, Inc. assumes no responsibility for existing services / conditions, their quality and/or performance. •Existing valves must close and hold. •TDIndustries, Inc. assumes no responsibility for condition of utilities or parking lots/roadways above or below grade. •TDIndustries disclaims any responsibility for incorrect data contained in the plan, specs and/or engineering data. •Proposal is based on use of building elevators. Exclusions: •Direct or indirect cost/availability impacts, if any, related to the anticipated tariff on steel and aluminum. •Sheetrock or concrete cutting, removal or patching of any nature. •Cleaning or painting of existing grilles. •Ceiling removal or replacement. •Electrical work. •Electrical temperature control, interlock and power wiring. •Electrical disconnect. •Electrical or power wiring, including conduit or junction boxes or disconnect switches and starter components. •Concrete work of any nature. •Cutting or patching of drywall or block walls. •Cutting or patching of existing pavement for incoming services. •Smoke dampers or smoke ventilation other than stair pressurization. •Insulation of existing un-insulated ductwork. •Modifications of existing ductwork and piping due to conflict with new lighting fixtures or new structural/architectural modifications. •Repairs or modifications of existing mechanical equipment or systems. •Roof cutting and patching unless specified by owner •Roofing work. •Cutting roof deck. •Leveling roof curbs. •Gas piping. •Any pre-existing conditions (gas pressure, electrical, structural). •Any hot water problems that exist outside the scope of the boiler room (mixing). •Additional work required to meet OSHA or ADA standards. Any additional work not listed in the scope above will require written authorization by the customer before TDIndustries, Inc. can proceed. DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E Page 3 of 3 LIMITED WARRANTY 1 EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRIES: TDIndustries, Inc. shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of equipment, goods, or material that are defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the customer and sole obligation of TDIndustries, In. THERE ARE NO WARRANTIES, EITHER WRITTEN OR ORAL, IMPLIED OR STATUTORY RELATING TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PARAGRAPH. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 2 Workmanship - Repair Installation - TDIndustries, Inc. warrants its workmanship to be free from defects for a period of 12-months from the date of completion of the above equipment, goods, and material. Sewer and Drain Cleaning - TDIndustries, Inc. warrants its workmanship for sewer and drain cleaning for a period of 24 hours from the date of completion. Any foreign material retrieved from sewer or drain will discharge warranty and incur additional costs for clearing stoppage. 3 This proposal is submitted for customer's consideration with the understanding that it must be approved by TDIndustries, Inc. after its acceptance by the customer and is not binding upon TDIndustries, Inc. until so approved in writing. 4 Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your purchase order or in any similar such communication are hereby objected to by TDIndustries, Inc. and shall not be binding nor effective unless assented to in writing by an authorized representative of TDIndustries, Inc. Any order or any statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall constitute customer's assent to the terms and conditions of this proposal. THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. STANDARD TERMS AND CONDITIONS THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. 1 TDIndustries, Inc. liability or any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part thereof involved in the claim. TDIndustries, Inc. shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDIndustries, Inc. TDIndustries, Inc. shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential, incidental or penal damages including, but not limited to, loss of profits, revenues, loss of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of the Customer for such damages. If TDIndustries, Inc. furnishes Customer with advice or other assistance which concerns labor, equipment, goods, or material furnished hereunder, or any systems or equipment in which of such equipment, goods, or material may be installed, and which is not pursuant to this contract, the furnishing of such advice or assistance will not subject TDIndustries, Inc. to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. 2 If TDIndustries, Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the site, TDIndustries, Inc. will stop work and report the condition to the owner or owners' representative. TDIndustries, Inc. will not resume work in the affected area until the asbestos, PCB's or other hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat. 3 Any installation dates given in advance are estimated. Installation will be subject to prior orders with TDIndustries, Inc. TDIndustries, Inc. shall not be liable for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, delays in usual sources of supply, major changes in economic conditions, or, without limitation by the foregoing, any cause beyond TDIndustries, Inc. reasonable control. 4 On arrival of any equipment, goods and material at the shipping address specified on the reverse side hereof, Customer shall assume all risk or loss or damage to such equipment, goods, or material. 5 In the event Customer requires TDIndustries, Inc. to delay shipment or completion of the work under this proposal, payment pursuant to this proposal shall not be withheld or delayed on such account. TDIndustries, Inc. shall have the right to deliver any portion of the equipment, goods or material to be furnished hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance with terms of the payment hereof upon notification that such shipment is ready for delivery, notwithstanding the fact that Customer may be unable to receive or provide suitable storage space for any such partial delivery. In such event, such portion of the equipment, TDIndustries, Inc. may store goods or material ready for shipment at Customer's risk and expense. 6 The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDIndustries, Inc. shall be liable for, either on its own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this proposal, shall be in addition to the prices set forth herein and shall be paid by Customer. 7 If the equipment, goods or material furnished hereunder requires the use of water or steam, recirculated or otherwise, TDIndustries, Inc. shall not be liable for the effect of its physical or chemical properties upon said equipment, goods or material. 8 All skilled or common labor which may be furnished by the Customer shall be considered and treated as Customer's own employees, and Customer agrees to fully protect and indemnify TDIndustries, Inc. against all claims for accidents or injuries to such employees in the course of the work, or to any person or persons through the negligence of such employees. 9 No oral representations are binding upon TDIndustries, Inc. unless reduced to writing and signed by an authorized representative of TDIndustries, Inc. All changes to this contract must be in writing. Revised 05-09-2008 9525 Derrington Road, Houston TX 77064 – 713-939-1986, Fax #713-996-2457 License # A/C TACL-A60764A HOU, Plumbing M-35508 HOU, Sanitary Sewer N/A DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 07/06/2023 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. Name of business entity filing form, and the city, state and country of the business entity's place of business. TDIndustries, Inc. Houston, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 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. 3 City of Pearland Labor and Materials for Installation of HVAC System of Fire Administration C0623-14 2023-1042477 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.a18ea2cawww.ethics.state.tx.usForms provided by Texas Ethics Commission James Venegas 07/24/1977 9525 Derrington Road Houston TX 77064 USA Harris 6th July 23TX DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 2,000,000 GL5180110 NV, OK, VA, WY, TX HOU-003438826-22 1,000,000 5,000,000 AZ, CO, DC, GA, LA, MD, NM, X X 20079 5,000,000 of Marsh USA LLC Dallas, TX 75201-7357 N X 03/01/2023 Contractual Liability/XCU 03/01/2023 4 03/01/2024 38318 03/01/2024 Melissa.Graves@marsh.com CA2961540 D C 4,000,000 2,000,000 23841 National Fire & Marine Insurance Co 1,000,000 X X 07/05/2023 03/01/2023 RE: TDIndustries Service - Any and All Work Performed by TDIndustries, Inc. of Pearland for General Liability, Auto Liability, Umbrella Liability and Worker's Compensation, but only as required by written contract. Excess follows form terms (excludes Worker's Compensation and Employer's Liability), and only as required by written contract. Waiver of subrogation is provided in favor of City X Pearland, TX 77581 City of Pearland Starr Indemnity & Liability Company X City of Pearland is Additional Insured for General Liability and Auto Liability, but only to the extent of liabilities specifically assumed under contract A New Hampshire Insurance Company CN101817864-TDI-GAWU-23-24 25,000 03/01/2024 2,000,000 42-XSF-307220-05 On-Site/Off-Site follows underlying 4,000,000 19445 1,000,000 1,000,000 WC080756256 03/01/20241000588245231 4400 Comerica Bank Tower MARSH USA, LLC. X 1717 Main Street Attn: dallas.certs@marsh.com X 13850 Diplomat Drive TDIndustries, Inc. Dallas, TX 75234 03/01/2023 3519 Liberty Drive 03/01/2023 A Melissa Graves 03/01/2024 214-213-1494 National Union Fire Insurance Co DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E 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: �� �� �� �� �� �� �� �� �� �� �� 2 �� �� �� �� 2 terms and only as required by written contract. Waiver of subrogation is provided in favor of Certificate Holder for General Liability, Auto Liability, Excess�� Certificate holder is Additional Insured for General Liability and Auto Liability, but only to the extent of liabilities specifically assumed under contract�� Dallas conditions, and exclusions. �� of the underlying General and Auto Liability policies, with regard to Additional Insured language, as required by written contract and subject to policy terms,�� �� �� �� �� �� CONTINUED FROM DESCRIPTION SECTION:�� Certificate of Liability Insurance �� �� CN101817864 �� Liability and Worker's Compensation, but only as required by written contract.�� �� �� �� �� �� �� �� �� �� �� �� �� �� �� MARSH USA, LLC. �� �� 13850 Diplomat Drive�� TDIndustries, Inc.�� �� Dallas,TX 75234�� �� �� �� �� �� �� �� 25 �� �� DocuSign Envelope ID: 36CB2560-4C8A-4612-ADAD-61429D3E7A3E DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2023 forms a part of Policy No. 296-15-40 issued to TD INDUSTRIES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT AS SUCH PERSON'S OR ORGANIZATIONS LIABILITY ARISING OUT OF USE OF A COVERED "AUTO". I. SECTION! 11 - COVERED AUTOS, LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered ""auto'". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted information of Insurance Services Office, Inc., Page 1 of 1 with its permission. DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E ENDORSEMENT # This endorsement, effective 12:011 A.M. 03101/2023 forms a part of Policy No. 296-15-40 issued to TD INDUSTRIES, INC. By NATIONAL UNION, FIRE INSURANCE COMPANY OF PITTSBURGH, PA. THIIS ENDORSEMENT CHANGES THIE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emiailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 11. First Named Insured means the Named' Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE 1107414 (03/11) Page 1:1 DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2023 forms a part of policy No. 296-15-40 issued to TD INDUSTRIES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. THIIS ENDORSEMENT CHANGES THIE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 (6/95) DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E POLICY NUMBER: GIL 518-01 -10 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 Orgainization(s) Location(s) Of Covered Operations Any person or organization whom you become Per the written contract or agreement. obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedlule, if not shown above, wfll be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to that which you are required by the contract include as an addlitiional insured the person(s) or or agreement to proviidle for such, additional organization(s) shown in the Schedule, but only insured, with respect to liability for "bodily injury", B. With respect to the insurance afforded to these "property damage" or ""personal) and advertising additional insureds, the following additional injUry" caused, in whole or in part, by: exclusions apply: 1. Your acts or ornissions; or This insurance does not apply to "bodily injury" 2. The acts or omissions of those acting on or "property darnage" occurrinig aifter: your behalf; 1. Alll work, including materials, parts or in the performance of your ongoing operations equipment furnished in connection with such for the additional insured(s) at the Iocatlion(s) work, on the project (other than service, designated above. maintenance or repairs) to, be performed by or on behalf of the additional insured(s) at However: the location of the covered operations has 1. The insurance afforded to such additional been con,-ipleted; or insured only applies to the extent permitted 2 That portion of "your work" out of which by law; and the injury or damage arises has been Put to 2. If coverage provided to the additional its intended use by any person or insured is required by a contract or organization other than another contractor or agreement, the insurance afforded to such subcontractor engaged in performing additional insured will not be broader than operations for a principal as a part of the same project. CMG 24 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E C. With respect to the insurance afforded to these 2. Available Under the applicable Limits of additional insureds, the following is addled to Insurance shown in the Declarations; Section III - Limits Of Insurance. whichever is less. If coverage provided to the additional insuired is TNs endorsernent shall not increase the required by a contract or agreement, the most we will pay on behalf of the additional insured applicable Limits of Insurance shown in the Is the amount of insurance: Declarations. 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CC 20 10 04 113 DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E POLICY NUMBER: GL 51"1-10 COMMERCIAL GENERAL LIABILITY CG 20 37' 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY., ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Thies endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) Any person or organization whom you become Per the written contract or agreement obligated to include as an additional insured as a result of any written contract or agreement you have entered into Information required to complIete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who, Is An Insured is amended to which YOU are required by the contract or Include as an addliitiional insured the person(s) or agreement to provide for such additional organization(s) shown in the Schedule, but Only inSUred. with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in, part, additional insureds, the following is added to by ""'your work" at the location designated and Section III - Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most Included in the "'products-completed operaitiions we will pay on behalf of the additional insured hazard". is the amount of insurance: However: 1. Required by the contract or agreement; or ll, The insurance afforded to Such additional 2. Available Under the applicable Limits of Insu.- inSUred only applies to the extent permitted rance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional inSUred is required by a contract or agree- This endorsement shall not increase the appli- ment, the insurance afforded to such, addi- cable Limits of Insurance shown in the Decla- tional insured will not be broader than, that rations. CG 20 37 04 113 0 Insurance Services Office, Inc., 2012 Page 1 of 11 DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2023 forms a part of Policy No. GL 518-01-10 issued to TD Industries,Inc. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that thelnsurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation(the "Advice") via e-mail to each such Certificate Holders with! n 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after theRrst Named Insured provides such information to the Insurer. Proof of the Insurer emalling the Advice, using the information provided by the First Named Insured, will serve as proof that thelnsurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (3111) Includes copyrighted material of Insurance Services Office, Inc. with its permissiorP.age 1 of 1 DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E TIMIS ENUORSEMENT CHAN0111I THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause„ need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 03/01/2023 forms a part of Policy No, WC 080-75-6256 Issued toTDINDUSTRIES, INC. By NEW HAMPSH IRE I NSURANCE COMPANY LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective data is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the, Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, usingi the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations,under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1, Named Insured means the insured first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04111) DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. This endorsement, effective 12:01 AM 03/01/2023 forms a part of Policy No. WC 080-75-6256 Issued to TDINDUS TRIES, INC. By NEW HAMPSHIRE INSURANCE COMPANY We have the right to recover our payments, from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS CONTINUED NEXT PAGE This form is not applicable in Kansas for private construction contracts as defined in K.S.A. 16-1801 through K.S.A 16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by statute or other applicable law, such as for use in wrap-up insurance programs. Any person or organization for which the employer has agreed by written contract, executed prior to loss,, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of suibrogatiion does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. i This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas, or Utah. WC 00 03 13 Countersigned by (Ed. 04J8,4) Authorized Representative DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E ENDORSEMENT This endorsement, effective 12:01 A.% 0310112022 forms a part of Policy No. GIL 610-0140 issued to TDINDUSTRIES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH,PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED, VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event thatr the Insurer cancells,this policy for any reason other than non-payment of premium, and 11, the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is Linder an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Hollder(s)") and has provided to, the Insurer, either directly or through its broker of record, the ernail aiddlress of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide adviice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured proviides Such information to the Insurer; provided, however, that if a :specific number of days is not staited above, then, the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information 'to theinsurer. Proof of the Insurer ernailing the ,Advice, using the information provided by the First Named Insured, will :serve as proof that the Insurer has f Lilly satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellafion,of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1, First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the in:SLirance company shown in the header on, the Declarations page of this policy. AlIl other terms, condlitions and exclusions shaill remain the sarne. Authorized Representative 1107414 (03/11) Page 1 DocuSign Envelope ID:36CB2560-4C8A-4612-ADAD-61429D3E7A3E POLICY NUMBER: GL 518-0140 COMMERCIAL GENERAL LIABILITY CG 24 04 05 O9 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINSTOTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Cr Organization: Pursuant to applicable written contract or agreement you enter into. Information required to complete this Scheduile, if not shown above, will be shown in the Declarations. The following is added to Paragraiph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organizaition shown in the Schedule above because of payments we make for injury or damaige arising out of your ongoing opera- tions or "Your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CO 24 04 05 09 Insurance Services Office, Inc., 2008 Page 1 of 11