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R2023-134 2023-07-24RESOLUTION NO. R2023-134 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 Brazoria County, for the purchase of road paving materials from American Materials, in the estimated amount of $588,174.92, for the period of July 25, 2023 through July 24, 2024. 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 Brazoria County for the purchase of road paving materials. Section 2. That the City Manager or his designee is hereby authorized to execute a contract with American Materials, for the purchase of road paving materials in the estimated amount of $588,174.92. PASSED, APPROVED and ADOPTED this the 24th day of July, A.D., 2023. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MCC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: C2E4E4D8-BB0F-4EE4-9A19-C1ECFBB9A703 RESOLUTION NO. R2005-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOR COOPERATION IN THE PURCHASING OF VARIOUS COMMODITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interiocal agreement by and between the City of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an interiocal agreement with Brazoria County, for cooperation in the purchasing of various commodities. PASSED, APPROVED and ADOPTED this the 23rd day of May A.D., 2005. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution 2005-89 INTERLOCAL AGREEMENT BETWEEN COUNTY OF BRAZORIA AND CITY OF PEARLAND, TEXAS This agreement is made this ,� c day of of Brazoria, Texas and the City of Pearland, Texas. 2005 between the County Pursuant to the authority granted by the "Texas Interlace! Cooperation Act", Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the promises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Section 791.001-791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHERAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract. I. Each party hereby makes, constitutes and appoints the other party its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Each party will maintain a listing of Annual Contracts which are available for the other party's use. To utilize one or more of these contracts, each party must request authorization, in writing, to the other party. Upon receipt of request, the receiving party will forward a copy of the appropriate Annual Contract to the requesting entity. Each party agrees that the other party shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the other party according to its usual bidding procedures and in accordance with applicable State statutes. II. Each party agrees that all specifications for selected items shall be as determined by the other party. Each party agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill each party directly for all items purchased and each party shall be responsible for vendor's compliance with all conditions of delivery and quality of the purchased items. Iv. Bill Eisen, City Manager, is hereby designated as the official representative to act for the City of Pearland, Texas in all matters relating to this agreement. V. John Willy, County Judge, is hereby designated as the official representative to act for the County of Brazoria, Texas in all matters relating to this agreement. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. BY: NAME: JOHN WILLY TITLE: COUNTY JUDGE DATE: XL) 4n L 05 CITY OF PEARLAND, TEXAS BY: NAME: BILL EISEN TITLE: CITY MANAGER DATE: May 24, 2005 BRAZORIA COUNTY PURCHASING DEPARTMENT Susanne Brumley CPPB Procurement Officer Charles Crook CPPB County Purchasing Agent May 2, 2005 Mr. Bill Eisen City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Tracy Jackson CPPB Contract Specialist RE: Contract #05-59 Interlocal Agreement between City of Pearland, Texas and Brazoria County Dear Mr. Eisen: Enclosed are two copies of the agreement between the City of Pearland, Texas and Brazoria County, that have already been signed by the Brazoria County Judge. If you are in agreement with this contract, please sign both copies and return one of them back to Brazoria County Purchasing Department for our records. It should be addressed to the following: Charles Crook CPPB Brazoria County Purchasing Agent 111 E. Locust, Bldg. A-29, Suite 100 Angleton, TX 77515 Thank you for your interest in Brazoria County. If you have any questions, please do not hesitate to contact me. Charles Crook CPPB Brazoria County Purchasing Agent Enclosure(s) I 1 1 E. Locust Street, Bldg. A-29, Suite 100, Angleton, Texas 77515 Telephone(979)864-1825 or (281)756-1825 Fax (979)864-1034 City of Pearland 3519 Liberty Drive Pearland,TX77581 SUPPLYCONTRACTNO.#C0723-15 Provide Asphalt Materials THIS Contract ("Contract")is entered into by and between the City of Pearland,a Texas home- rule municipal corporation (“City")and American Material/G&S Asphalt,lnc.(“Contractor"),and consisting of the following parts: I.Summary of Contract Terms ll.Signatures Ill.Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor:American Material/G&S Asphalt,Inc. 10126 Cash Road Stafford,Texas 77477 Description of Supplies:Contractor willprovide asphalt materials to City of Pearland on an as needed basis,in accordance with specifications of Brazoria County Contract 21-32. Contract Amount:$588,174.92 Effective Date:July 25,2023 End Date:April 25,2024 Renewals:0 Resolution No/Bid No:R2023-134,Brazoria County Contract 21-32 ll.Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by:Date : SuperintendentlManager __Director : Deputy/Assistant City Manager j City Manager *CityContract 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 Supply Contract Standard Form Page 1 of 5 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 8/1/2023 | 9:22 AM CDT 8/1/2023 | 1:25 PM CDT accountsgayable@pearIandtxgov Ill.Standard Contract Provisions WHEREAS,Contractor has bid to provide supplies (“Supplies”)in response to Request for Bid # Brazoria County Contract 21-32 (“Solicitation”),which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response,as app|icab|e,are incorporated by reference in this Contract as Exhibits 1 and 2,respectively,as i feachwerefullysetouthereinitsentirety. 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. Term.This Contract is for up to 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, whicheveris 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 priorto 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. Compensation and Payment.This Contract is for an amount not to exceed $588,174.92,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: 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 and Public Works Phone:281.652.1946 Email:fbeltran@pearlandtx.gov Insurance;Bonds (A)Before performance can begin under this Contract,the Contractor must deliver a Supply Con’rrc1c’rSfondord Form Page 2 of 5 Approved as To Legal Form 6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Certificate of insurance (“CO|"),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)I 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. 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. 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. 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. 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. 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. Supply Contract Standard Form Page 3 of Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 11. 12. 13. 14. 15. 16. 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. Amendments.This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. Waiver.No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 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. 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:Dante Prescod Title:ROW Superintendent Address:2016 Old Alvin Rd.,Pearland,TX 77581 Phone:281.652.1907 IF TO CONTRACTOR: American Materialsl G&S Asphalt,Inc. Attn:Brian D.Asp Title:Sales Manager Address:10126 Cash Road,Stafford,TX 77477 Phone:713.534.5949 Liability and Indemnity.ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITYTO THE CITYFOR 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 CONTRACTIN ACCORDANCE WITH APPLICABLE LAW.THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BYA THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACTAS A THIRD -PARTY DEFENDANT AS ALLOWED BY LAW. Supply Contract Standard Form Approved (:15 to Legal Form 6.28.2021 Page 4 of DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 17. 18. 19. 20. 21. 22. 23. 24. 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. 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. 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 theContractor is not in default by giving written notice to Contractor.If the City terminatesthis Contract under this paragraph,the City will pay the Contractor for all Supplies provided in accordance with this Contract to the date of termination. 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 partymust take to cure the default.If the party in default failsto cure the default as specifiedin the notice,the party giving the notice of default may terminate this Contract by writtennotice 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. 0wner’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 forany 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 ?nal payment by the City. 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. 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. 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. Order of Precedence.In the event of any conflicts or inconsistencies between this Contract, its attachments,and exhibits,such conflicts and inconsistencies willbe resolved by reference Supply Confracf Standard Form Page 5 of 6 Approved as To Legal Form 6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 IV. 25. 26. 27. 28. 29. 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). Certi?cate 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 oflnterested Parties”as part of this Contract if required by said statute for items approved by City Council. 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,orjustice court in and for Brazoria County,Texas. 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. 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. 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. Special Terms and Conditions.None 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:Brazoria County Contract 21-32 Exhibit 2:Contractor’s Bid/Proposal Response Supply Confrczcf Sfondczrd Form Page 6 of Approved as To Legal Form 6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT A —SCOPE OF WORK Scope of services shall consist of the contractor providing asphalt materials for the City of Pearland,as needed,per the specifications of Quote/Bid Brazoria County Contract 21-32. Pricing is as follows per contractor's response to the same,as listed per Attachment B. DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 r2quesIed.Am:1-ican Peal asphalt lousm .-xngzewn expire Mnmxl u._r_zree srminat conln befm!referenced Very t?rv/i’ ATTACHMENT — As Materials agrees to sell the City of and hot mix at cunent prices for Brazoria County Contract 21-32 at the rate of $721.00per ton FOB any of our (1\.v?ssou.riCity,,Jexsaey Vdlage).This price will Aplil 25",2024,or if American 5 and Brazoria Cmmty to to t ct the date. truly yours, American llaterials,Inc. Brian D.Asp Sales Ivianager DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 rruzl-:2 new umsmu. ’“""‘°‘5°-W5’AIauuuIu11=.mu mu.“-..=.x1:mun 31'»! man.\:IZEV:A:HRCvk: umlvhlztr ,,:»=<:TX‘7J77;JL'~ nnunlal 242:5;-15:1 mamclnuu .5=£vB6i4Y ms-owns ?durmaaog ,nsavmn SURFKE COURSES -mes uavzussrszznvsulrzou -nu-..... unmupamn nun-nu-nan-rulmna-unu-u-ammo.-. nvuurmmmna-«nun. mo-uv-mu 7:3? n-may-unu- nuns:-mu...-~, n-A-un-my . nduanntul , mam-.umla ‘unrmupcuhn an--v-uaor-:4-on:....ummm-an rmuamuaumuu-un nnhqnnhln In-nqaatannln nun-1.. uuuumun bhnubiudnlih n...-._......«ma .m~.....m..m..nn..r..y. nmm:-puma NI-rd-nu-flnhnla?l 4.,Iuananuwumlnnu V ~- m-um-s-cu-sauna. n.nu-nun n-A-u-nu-u H-inn-u um: mnmmnn nun "''°' 4: v OIIIIITDI Imdhnlnnmmumudnma 6730 6790 7537 S791: 6781- 7073 STAFFI SMJI} $74410 $125 503 STUD $71.00 50.20 $71.00 $21 L!lICiIIl.'lII3H5CCl£PlIdlI£l'lIl¢M H09 ktlsevuanulluiizonuclzruuuuatvmaa raununulflttluhdummannn (‘U19 flu] k?Ml1»"ll1'WI9 H91 memo: NU‘:-on-:0! nu-pun-n uaaza Lu-man; mum-ca |%6uiu hilln?él-P-1 In-urn SWIIGUPII ntaounauu-2 812$ 1n sauna DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 1 ebids@gearlandtx.govxP?APL1\ND ebids@gearIandtx.gov ebids@ge§r|andlx.gov. campany:_&1_rgg{7'LovI 5&4’rt ?zz Purchasing DepartmentCtyOfPearand281.652.1775 3519 Liberty Drive Pearland,TX 77581 Contractor Insurance Requirements &Agreement Contractors performing work on City property or public right-of—wayfor 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. TYPEOF INSURANCE AMOUNTOF INSURANCE PROVISIONS 1 Workers’Compensation Statutory Limits For WC,CGL,and BAL,the City is Employers’Liability (WC)$1,000,000 per occurrence to be provided a WAIVER OF SUBROGATION. 2 EortnlrriercialIf-leneiral(Public)PersonalInjury-$1,000,000 per CGL and BAL,City to be iisied asflaiity(CG )to Include coverage person,Property Damage --addiiionai insured and provided 30_ or‘..$1’000'0O0 per occurrence’day notice of cancellation or materiala)Premises/Operations General Aggregate -$2,000,000 Change in coverageb)Products/Completed OPe'a“°“S wc,CGL and BAL,City shall bec)Independent Contractors d)Personal Injury e)Contractual Liability provided 30-day notice of cancellation or material change in coverage. 3 Business Auto Liability (BAL)to Combined Single Limit- include coverage for:$1 ,000,000 CGL will include a non-contributory a)Owned/Leased vehicles addendum. b)Non-owned vehicles c)Hired vehicles lfthe contract involves a professional service,the contractor willalso 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 .Questions regarding required insurance should be directed to City of Pearland Purchasing Department,at 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. ProjectlBid# Signature and PrintedName: 73- DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 /?BACORD cumncwnuns: POLICY A‘l7|'iU§l)B‘R rofc exp lwlwno/vvm war» JECY nxmmswmzrmsn PREMISE5 (Ea ocmrranna COMBWED TNGfE‘L‘WI|T [Es accmanl) Adddional insured.waiver ol sulnogalipn and Prlmaly and nenoomnpulory warding LSlimilee in meexlem 0!mepolicy lawns,candilioris and excluslons.Excess coverages [allow lolm lha prlrnary General Liabili|y,Aulemolalieand EmpIL7yar'sLlepliily policies,In the eyenl of cancellation by meirisurarics companies.lne Gen uanlilly.Automobile Liabilily,Wurkers‘cempensallen and Excess Llapilily policies have been endorsed I0 provide lnirly (30)days’Nelice ol Cancellallnn (excapll days «or non-paynienl pl premium)in lne ceninoale holder shown pelow This Workers conipensalion policy is rerTexas operallons only.This polio]covers only 7II«4a!'a.u”b"u.a.&€y DATE (MMIDDIYYYY)CERTIFICATE OF LIABILITYINSURANCE 07/11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certi?cate holder is an ADDITIONAL INSURED,the po|icy(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 certi?cate does not confer rights to the certi?cate holder in lieu of such endorsement(s) INSURERISI AFFORDING COVERAGE NAIC ? INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:5LYKJNQM REVISION NUMBER: TYPE OF INSURANCE Poucv NUMBER m'I.%'EI‘E;I’v'$55.LIMITS X COMMERCIAL GENERAL LIABILITY X X X AUTOMOBILE LIABILITY X X X X UMBREu_A “AB X LI-\ZL5I:XUUU /ZUUIV X EXCESS LIAB U WORKERS COMPENSATION XANDEMPLOYERS’LIABILITY Y I N N N/A CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,€(2%,9 Page 1 of 15 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD PRODUCER McGriff Insurance Services,LLC 10100 Katy Freeway,#400 Houston,TX 77043 INSURED Durwood Greene Construction Co., G 8.S Asphalt,Inc.dba American Materials,Inc. P.O.Box 1338 Stafford,TX 77497 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE Julia Becvar ,';,t}g_"‘,?Em 713-877-8975 ,F,l‘,’,§>M0,,713-877-8974 jbecvar@mcgriff.com INSURERA :The Phoenix Insurance Company 25623 INSURER B :The Travelers Indemnitv Combanv ofAmerica INSURER c :NavicIatorsInsurance Comoanv 42307 INSURER D :Texas Mutual Insurance Comoanv 22945 PERIOD INDICATED NOTWITHSTANDINGANY 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, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR Ilt|Qn |M\Ih A D I CUb'F95817‘IF’HX23 CLAIMS-MADE Blanket Contractual Liability 51 UUK‘.-!13356UZ3Z6Lj ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON—OWNED AUTOS ONLY (.2 RETENTION $ 0001 1781 13 ANYPROPRIEl'OR/PARTNER/EXECUTIVE OFFICER/MEMBERD(CLUDED? (Mandatory In NH) If yes,describe under DESCRIPTION OF OPERATIONS below us/31/2023 03/31/2024 EACH OCCURRENCE 1,000,000 300. 00010,000 1,000,000 2,000,000 2,000,000 03/31/2023 03/31/2024 BODILYINJURY (Per person)$ BODILYINJURY(Per accident) PROPERIY DAMAGE 3/Per accident} 03/31/2023 03/31/2024 5000000 3 03/31/2023 03/31/2024 OFTE" 1.000. 0001.000. 000 E L DISEASE —POLICY LIMIT 1- 0001300 DESCRlP110N OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The General Liability,Automobile and Excess policies contain blanket Additional Insured endorsements in favor of all parties where required by a written contract.The General Liability,Automobile,Workers’Compensation and Excess policies contain blanket Waiver of Subrogation endorsements in favor of all parties where required by written contract.Coverage is primary and non-contributory as respects to the General Liability,Automobile and Excess Liabilitypolicies as required by written contract. employees who are subject to the Texas Workers Compensation Law. City of Pearland 2016 Old AlvinRoad Pearland,TX 77581 eral or 10 OCCUR MEDEXP (Any one person) PERSONAL 3.ADVINJURY GEN‘L AGGREGATE LIMITAPPLIES PER:GENERAL AGGREGATE POLICY LOC PRODUCTS -COMPIOP AGG $ OTHER:5 $1,000 . 000 $ s OCCUR EACH OCCURRENCE $ CLA|MS—MADE AGGREGATE 5900- 000DEDs §PT|IE\$lITF E L EACH ACCIDENT s E L DISEASE -EA EMPLOYEE $ enesen $$$$$ DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT D —WARRANTY Items or services shall conform to the proposed specifications and all warranties as stated in the Unifor mCommercialCodeandbefreefromalldefectsinmaterial,workmanship and title. DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 §\\ //7’v?a 935 - Mr.Prescod, As requested,American Materials agrees to sell the City of Pearland hot mix asphalt at current prices for Brazoria County Contract 21-32 at the rate of $74.00 per ton FOB any of our locations (Missouri City,Angleton,Jersey Village).This price will expire April 25"‘,2024,or if American Materials and Brazoria County to agree to terminate contract before the referenced date. Very truly yours, American Materials,Inc. Brian D.Asp Sales Manager DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Annnsss Varrarj@v mailcum usscnu-no» ITB 21-32 ROAD MATERIALS - SURFACE COURSES RENEWAL TERM: APRIL 26,2023 -APRIL 25,2024 ADDRESS C|TY,STATE.ZIP PHONE NUMBER CONTACT NAME EMAIL SURFACE COURSES COUNTY ID 14 5.1 RECYCLED ASPHALTIC CONCRETE PAVEMENT RACP) TxDot Item 340,Type D,mixed with AC-20 Price per ton bidder's plant I siding loaded onto County trucks Price per ton as delivered to jobsite Hauling First Mile 7087 Hauling Each Addtl Mile 7088 Price per ton 7759 Hauling First Mile 7087 Hauling Each Addtl Mile 7088 State mlninum truckload If required 5.2 RECYCLED ASPHALTIC CONCRETE PAVEMENT (RACP) TxDot Item 340,Tpe B,mixed with AC-20 Asphalt Price per ton bidder's plant/siding loaded onto County trucks 6781 Price per ton as delivered to jobsite:6781 Hauling First Mile 7078 Hauling Each Addtl Mile 7079 Price per ton 7760 Hauling First Mile 7078 Hauling Each Addtl Mile 7079 State Minimum truckload If required 5.3 HOT MIXAPAHALTIC CONCRETE PAVEMENT ASPHALT MIXTYPE D Price per ton bidder's plant I siding loaded onto County trucks 6782 Price per ton as delivered to jobsite 6782 Hauling First Mile 7494 Hauling Each Addtl Mile 7495 State Minimum truckload if required Countv Facilitv AMERICAN MATERIALS [woodgreenecom ‘PRICE INCREASE EFFECTNE 4/11/2023‘ New Price per ton 14 TONS New Price per ton $74 00 $0 20 14 TONS New Price per ton $74.00 14 TONS Plant Location Mileage 14 VULCAN CONSTRUCTION MATERIAL SAN ANTONIO.TX 78216 JULIA FARRAR ‘PRICE INCREASE EFFECTNE 4/11/2023‘ New Price per ton $77 00 $77 00 $0 25 22 TONS New Price per ton $77.00 22 TONS New Price per ton $4.95 Plant Location New Haul RateMileage ‘Effective 4/11/2023' 10126 CASH ROAD 10101 REUNION PLACE STE 500 STAFFORD.TX 77477-440- 281-499—1551 210-965-0419 JERRY BERRY me 6780 $74.00 6780 $74 00 $3.25 $4 95 $0.20 $0 25 $61.00 $4.95 $74.00 $77.00 $3 25 $4 95 $0 25 $64 00 $61.00 $3 25 $4.95 $0 20 $0 25 $74 00 $77 00 $77.00 $3.25 $0 20 $0.25 Airport Lockwood!49 Mi Alvin Svc Clr 23 Lockwood!24 Mi $12 50 Angleton Svc Clr 3 Lockwood!48 Mi Camp Mohawk Lockwood!33 Mi Clule Svc Clr Lockwood!60 Mi Hanson Park Lockwood!61 Mi Manvel Svc Ctr Lockwood!24 Mi S11 65 Mosquito Control Lockwood!46 Mi Quintana Ciy Park Lockwood!70 Mi $21 00 Resofl Park 811 85 San Luis Cly Park 30 $22 35 W Columbia Svc Lockwood!57 85 23 10 14 24 23 Lockwoodl 21 Mi Lockwoodl 79 $16 35 $16 35 $14 35 S18 85 $18 65 316 35 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 MynamI.=>s_Ef7‘?n °°*' provided by .and my Gala 0!mmis MM ,_;4rc<9/o/_TX V -17t1’l‘IM_(A«5 Jldayoi ‘ A%M7 Verslu CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1 -4 and 6 if there are interested parties.OFFICE USE ONLY Complete Nos 1,2,3,5,and 6 if there are no interested parties cERT":|cAT|oN OF |:"_|NG 1 Name of business entity filing form.and the city.state and country of the business entity's place Certificate Number: Of buSi"e5S-2023-1045566 G &S Asphalt.Inc.dba American Materials,Inc. Stafford.TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/13/2023 being filed. City of pea,-rand Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 21-32 Hot MixAsphalt Materials Nature of interest4 Name of Interested Party City,State,country (place of business)(check applicable) Controlling Intermediarv Greene,Bradley Stafford,TX United States X Maynard,Stephen Stafford.TX United States X Anguiano,Luis Stafford,TX United States X 5 Check only it there is NO Interested Party. 6 UNSWORN DECLARATION (street)(city)(state)(zip code)(country) I declare under penalty of perjury that the foregoing is true and correct. Executed in nty,.on the (month) Signature of authorized agent of contracting business entity (Declarant) Forms Texas Ethics Commission www.ethics.state.tx.us V3.5.1.a18ea2ca (year) V DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9