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R2023-172 2023-07-24RESOLUTION NO. R2023-172 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 Choice Partners for the purchase of demolition services (previous animal shelter building), in the estimated amount of $141,733.23, from Generocity Services Inc. 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 Choice Partners for the purchase of demolition services. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Choice Partners for the purchase demolition services, in the estimated amount of $141,733.23, from Generocity Services Inc. PASSED, APPROVED and ADOPTED this the 24th 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: C2E4E4D8-BB0F-4EE4-9A19-C1ECFBB9A703 City of Pearland 3519 Liberty Drive Pearland,TX 77581 SERVICE CONTRACT NO.#C0723-‘I7 Animal Shelter Demolition THIS CONTRACT ("Contract")is entered into by and between the City of Pearland,a Texas home- rule municipal corporation (“City”)and Generocity Services,Inc.("Contractor"),and consisting of the following parts: I.Summawof Contract Terms ll.Signatures Ill.Standard Contractual Provisions lV.Special Terms and Conditions V.Additional Contract Attachments l.Summary of Contract Terms. Contractor:Generocity Services,Inc. 1212 Winding Way,Suite C Friendswood,TX 77546 Description of Services:Contractor will provide City of Pearland demolition services in accordance with specifications of Bidlquotel coop contract #Choice Partners #23/O16MR. Contract Amount:$141,733.23 Effective Date:July 25,2023 End Date:July 24,2024 Renewals:0 Resolution No/Bid No:R2023—172,Choice Partners #23/O16MR II.Signatures CITY OF PEARLAND CONTRACTOR ?¢,,¢,71ze4¢RPurchasingOfficerDateItlezé6Re,Q;/1'1A 3 ~[3 g Date:7‘/7'1}’ *Signed by:Date jDirector_DeputylAssistant City ManagerjcityManager*City Contract Signature Authority:Superintendent/Manager ~up to $10,000Director — $10,001 — $30,000CityManager/Deputy/Assistant City Manager — $30,001 +City Council Resolution over $50,000ServiceContractStandardForm Page 1 Qf 7ApprovedastoLegalForm6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F98/1/2023 | 9:22 AM CDT8/1/2023 | 1:25 PM CDT lll.Standard Contract Provisions WHEREAS,Contractor has bid to provide Services (“Services”)in response to Request for Bid/Proposal or Quote No.Choice Partners #23/O16MR ("So|icitation”),which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response,as applicable,are incorporated by reference in this Contract as Exhibits 1 and 2,respectively,as if each were fully set out here in its entirety. NOW,THEREFORE,City and Contractor agree as follows: 1.Scope.Contractor will provide Services in accordance with the attached Scope of Work,as detailed in Attachment A,the content of which is incorporated by reference into this Contract as if fully set out here in its entirety,and in accordance with Exhibit 2. 2.Term.This Contract is for one (1)year,with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division,or upon the performance date listed in the notice to proceed, whichever is later.The parties may mutually extend the Term of this Contract for up to 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 estimated amount of $141,733.23, 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 withthe 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:accountsgayab|e@Qear|andtx.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 5.Insurance;Bonds.(A)Before performance can begin under this Contract,the Contractor must deliver aCertificateofInsurance(“COI”),as proof of the required insurance coverages,to theCity's Contract Administrator.Additionally,the COI must state that the City shall beprovidednolessthanthirty(30)days’advance written notice of cancellation,materialServiceContractStandardFormPage2of7ApprovedastoLegalForm6.28.202]DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 10.Sen/ice Controct Standard Form 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. Purchase Release Order.For mu|tiple~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. 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 items 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,fitfortheir 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. QualityIQuantity Adjustments.Any Service quantities indicated on the Bid/Pricing Schedule during the term of the Contract including any Option Period.Substitutions and deviations fromtheCity's product requirements or specifications are prohibited without the prior writtenapprovaloftheContractAdministrator.Non-Appropriation.The continuation of this Contract after the close of any fiscal year oftheCity,which fiscal year ends on September 30th annually,is subject to appropriations andbudgetapprovalspecificallycoveringthisContractasanexpenditureinsaidbudget,and it iswithinthesolediscretionoftheCity’s City Council to determine whether or not to fund thisPage3of7ApprovedastoLegoilForm6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 12. 13. 14. 15. 16. 17. Service Contract Standard Form 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. 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. 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. 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:Jameson Appel Title:Assistant Director of Capital Projects Address:2016 Old Alvin Road,Pearland,TX 77581 Phone:281.652.1757 IF TO CONTRACTOR: Generocity Services,Inc. Attn:Joel Mueller Title:Director of Business Development Address:1212 Winding Way Drive,Suite C,Friendswood,TX 77546 Phone:281.482.8881 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 INDEMNITYBY ONE PARTY TO THE OTHER PARTYAPPLICABLEOREFFECTIVEUNDERTHISCONTRACT.EXCEPT WHERE ANADDITIONALCONTRACTDOCUMENTPROVIDEDBYTHECITYPROVIDESOTHERWISE,EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FORDEFENDINGAGAINSTANDLIABLEFORPAYINGANYCLAIM,SUIT,ORJUDGMENTFORDAMAGES,LOSS,OR COSTS ARISING FROM THAT PARTY'SNEGLIGENTACTSOROMISSIONSINTHEPERFORMANCEOFPage4of7ApprovedastoLegcilForm6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 18. 19. 20. 21. 22. 23.24.Service Contract Standard Form 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. 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 ofthe 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 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 oftermination. (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 ofthe Contract that have been breached and what action the defaulting party must take to cure the default.lfthe 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. 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. 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 Assignment.No assignment of this Contract by the Contractor,or of any right or interestcontainedherein,is effective unless the City Manager first gives written consent to suchassignment.The performance of this Contract by the Contractor is of the essence of thisContract,and the City Manager's right to withhold consent to such assignment is within thesolediscretionoftheCityManageronanygroundwhatsoever.Severability.Each provision of this Contract is considered to be severable and,if,for anyreason,any provision or part of this Contract is determined to be invalid and contrary toPage5of7ApprovedastoLegalForm6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 25. 26. 27. 28. 29. 30. 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 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). 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. 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 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. 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 Attached and Incorporated by Reference:Attachment A:Scope of WorkAttachmentB:Bid/Pricing ScheduleAttachmentC:Insurance and Bond RequirementsAttachmentD:Warranty RequirementsSen/ice Contrcict Standard Form Page 6 of 7ApprovedastoLegalForm6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Incorporated by Reference Only: Exhibit 1:RFBIRFP/Quote No.Choice Partners #23/016MR Exhibit 2:Contractor's Bid/Proposal Response Service Comroci Standard Form Page 7 of 7ApprovedastoLegalForm6.28.2021 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT A —SCOPE OF WORK Scope of services provided shall consist of demolition of animal shelter building located at 2002 Old Alvin Road for the City of Pearland,as needed,per the specification of Cooperative Choice Partners #23/O16MR. Pricing is as follows per contractor's response to the same,as listed per Attachment B. SCOPE OF WORK Providematerials,labor,equipment,and supervisionto completethe following: SCOPE OF WORK: To Demo and Remove old animal shelter building and slab Mobilize Provideman power and equipment Disconnect all utilities Transport and dispose of debris. Removalis expresslylimitedto inside Projectsite property lines only. Roughgrade the demolition area. Backfillrough graded demo area approximately10,000 sqft with bull rock approximately6"deep. Installapprox 80lf of 6'tall galvanizedchain linkfence across front of area and approx 45|f along right side of property Contractorwillprovidea 10 day notification(on the owner's behalf)to the Texas Department of Health as required by law priorto project start. Storm Water Prevention ProtectionPlan (SWIPPP)Slitfencing or temporary fencing are included DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT B —BIDIPRICING SCHEDULE 7/13/23,11:20 AM Proposal Print 01-211 Bond -insurance Items Description Price Bond $3,030.00 Unassigned items Description Price RS Means $180,940.93 Houston CC].861 -$25,150.75 Choice Partners J39 -$17,136.92 Total Price:$141,733.23 FRECEDE35L We have establisheda project-speciiicorder of precedence tor the inquiry documents not only to help establish a baseline for our pricing.but also to maintain technical continuity,to confirmthe intent and prioritiesfor “IE project,and to providethe basis for solving discrepancieswithin the inquiry and construction documents.Our order at precedence is as follows: V‘.".“*€\l,-“ H. b c. d. e. i. 9 ll l. Generocity Services Proposal. Addenda issued by Client. Scope oi Work issued by Client willtin the invitation to tlid. Directivesand work scope specificallyand graphicallyissued within the ConstructionDravtn'ngsprepared by Client. Manufacturer's recommendationsand installationinstructions. Directives,regarding project work scope.specificallywithinthe Project Speci?cations preparedby the Client. AllProject Specificationsprepared by Client that are specificallyapplicableto tit e project scope of work and project drawings. Owner‘s Engineering FacilityStandards that are specificallyreferred to within this inquiry,and that hac been issuedas part of the inquiry. Balanceof applicableproject bid documents. SER\_l]CESEliMATERIALSPROMDE];?x Q;E[!T[DWNER Testing and abatement of asbestos and other potentially hazardous materials,Pre-design testing,investigation oisolls and other existing structures for engineering purposes.Probing of existing grade in effort to detect subsurface ol.rstt'uct|ons,obstacles,or hazardous material,Materialstrength and performance testing and other quality control testing.Document preparation for permit;coordinating or making applicationfor permit;procuring any building permits or any other permits or feesthatmaybeapplicabletothisprojectunlessotherwisertoted.6.Provisionsof temporary toilet iacilities for construction work force.7.Provisionsoi temporary electricalpowersupply ior construction purposes.8.Provisions of temporary water supply for construction purposes.9.Move.relocate,modify,repair.demolish,or otherwise alter existing facilities,materialequipment,appliances,furnishings,installations,utilities,and/or structures that are not speci?cally noted withinthis scope of work.This includeshidden or latent conditions,undocumented DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 structures,inconsistentsoil condition,asbestos,and other lmzardous materialsin order for Generocity Servicesto perform the required scope of work. I Al,QLARIHCATIONQ 'i.Components and activities specificallyexclude from this proposal: a.Design and/or constructions of permanent site storm water detention or drainage structures. b.Testing of existing concrete slabs for moisture,alkali,and other contarnination.Generocity Services willnot be responsiblefor poor performance of adhered floor coverings on moismrrrladenorcontarninaterlfloor slabs. C.Subsurface de-watering,of the pumping of facilityleaks and spills. 2.Our proposal includesthe cost of providing materialsand equipment Calledout by modelnumbers within the inquiry documents.when final engineering,calculation.shop drawings,or other documentation do not support the item physical characteristics,size.shape.operational requirements,etc required by the Client,then changes may requireadditionalcosts. 3.ii any code interpretation,that may be issued by the Client,his agents.the MuniclpalsPlanChecking Department,Code Enforcement,or inspections Department.or inspection Department results in additionalmore stringent project requirements than those shown graphically on th inquiredrawings,c that is speci?cally named of directed within the inquiry specllicatlons(as they relate to the drawings),the additional cost shall be assessed and passed on to the Client. Edélslti? 1.Plans,architectural,engineering,geutechnicaireports,materials testing laboratories. 2.On/off~sitedetention are not included. 3.GenerocityServices,inc.has not includedcost for landscaping.traffic control.traftic barricadesor signage,overtimea holiday work,trench drains,containments,equipment/ioundations,house-keeping pads/foundations,vibrating equipment.unforeseen underground obstructions, sumps of pits. COMMERCMLTERMS 81 CONDl'|'|ONS 1.ValidationPeriod:This proposal is validfor a period of 30 calendar days alter the "DATE"indicated above. 2.MaterialCost Escalation:Due to the volatileand unpredictable global materialmarketing pricing,GenerocityServices,Inc.can not guarantee projechspecificpricing for the validation period stated above.ll material orders and requite shipments are made at currant pricing,we will honor the materialcost.Ifthe cost of the materialsincreases before shipment,then the change In price willbe passed on to the Client/Owneh 3.Generocity Services,inc.willnot perform work changes unless authorizedin writing by the Client before the work begins.Allcost assessments willinclude the cost of tangible items and the additional cost associatedwith schedule delays and extensions. 4.when materials and permanent equipment that are purchasedfor this project are stored either on or off site as a result of delays by Client (or Owner),or the contractors,or agents of the same,progress pay requests willinclude thesematerials and equipmentitems lor Client approval and payment within the contract pay period. 5.GenerocityServices,inc.willnot be held responsiblelor damages to any concealed,hidden or buriedequipment.structures.pipelines, electricallines,cable,grounding.underground utilitiesand other obstacles. 6.Generocity Services,inc,willnot he held responsiblefor personalinjury from accidents resulting irom encounters with any concealed,hidden or buried equipment,structures,pipelines,electricallines,cables.grounding,and other obstacles. 7.Downtime or delays caused by Owner and/or Client during the fieldconstructionoperations shall be assessed by Generocity Services.inc. and reimbursementsby Owner and/orClient 8.Repaircost and touch-up costs made necessary by damage caused by Owners and /or Client's personnelwillbe assessed by Generoclly Services.inc.and passed on to the Client. not includedthe cost of holiday or overtime workhours. We appreciate the opportunity to present this proposal and lookforwardto your review and approval.Sincerely.Juel MuellerDirectorofBusinessDevelopmentGenerocityServices,Inc.DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Costs basal]DI)RSMEHHSdata Estimate Nam : ESTIMATEINFORMIUION Cl1En1NamE‘. Esllmale Address: B2306-14-2023 Cily erPealland AnimalSlleller DulldlllgDemo clly 01Paar1and TEXAS Nolns: _._1%':r§0=‘-r.‘*2:;“‘."°.§ 013113200200 newpersonnel,preleel manager, avemge Week 8 4,000.00 013115200260 Fiuldpersonnel,eupanrllendenl.average Weak 5 7,450.00 1.00 015433204150 Rerll duzer.cravviur.lolqua collve?er. diesel 105 HP,Incl.Hourly oper.(3115!Week 3 1.50520 5 3,030.00 5 9,299.77 Da\W)[JEf81l|'I9cast @ 37.H3‘8 rluurs‘5 days :1505.20 Added aperalor @ 705.00 par day‘5 days =3030.00 2.00 015435501400 Moblllzzllnnur demobllr’-1a||0n,dallve|y ellarge lo.equlpmenl.hauledon 2o-lon capacily luwed lraller En.5 13150.00 5 1,900.00 12750.00 024116130100 lauilrling lremalllion.large urban proreels, mixiure 01 lypas.excludes lollnaallen l1larncl1i|ian,:|ump1i3es CF.5 3,442.50 5 7.01250 650D51)<151ealla]|= 12750051 350.00 024119190950 selaeliva demolilion,rubbish rranriling. dunlpsler,allemale pricing mslhod, disposal lee per lair.average ler all sizes, cast [0 he added 10 rlenrolllien 0051 Ten 5 31950.00 5 33,950.00 000.00 024119192045 S?|ec||‘/8 damollllorl,rubbish hand?llg,05 100'haul.(0311,haul,dump 811111810111. wheeled,cast 10 be added 10 demnllllan cos|C.V.5 as/100,00 on 30.401100 800.00 024119192005 Selecllva damelilinn,mhblshrrennllng. haul and ralum.al1dper each exira 100' naul,wheeled,5031lo be added lo daruollllon cesl C.Y.S 17,500.00 5 17.60000 20.00 030505100070 Seleclivn cl:ncra(a demorrllon,reinforcing mnro lrlsln2%cross-ssclionanarea,break up lnle small places,excludes slrorxng, lrreelng.saw or larch Uulnng,loading, rraunng,durvlplrlg C.Y.5 7,800.00 5 8,400.00 1.00 312213200160 Rough grading S1138,0,100~10.000S.F.. skid sleet Bilabor Ea.5 4,200.00 5 4,585.00 8000 312323202100 Excavalad nrnorruw.luusa cubic yards, smell excevallon Job,12 c.v.truck per hour,excludes loading cquiplllenl Hr.5 5 7.00000 5 15,u00,o0 3200 312323240020 compaclnm,slruclural,5 ions,sleel vrlleultandem roller Hr.5 S 4.352.110 5 6516.01 -113.80 313713100300 Rip-rap and rock lllllng.random,urakerr slune,50 ||.l.average,dumped Tan 5 1-1.?’.m.67 5 733.45 5 16,077,155 125.00 323113200304 Fence.chain llnk Industrial,wrtlughl Iran, 2“00515@ 10'00.3 strands balb wire,9 qa wire,6'high,Includes excavation,& concrexe L.F.5 9.18750 S 075.00 10.110000 u. R '5 Means Eslimale Houslun CC!.861 ChcllnePannurs .80 Sub T0101 Band Grand Tnlal 1ao.94o.93 (25,15u.7e) (17,1as.92) 1:la,s5a.2a 3,050.00 5 141,733.23 mvxasurm DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Of Pearland Purchasing Department 281.652.17753519LibertyDrive,eblds earlandtx.ovPearland,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 i ATTACHMENT C —INSURANCE REQUIREMENTS types and amounts of coverages as required herein or that the subcontractors are included underthe contractor’s policy.l l lAllinsurancecompaniesandcoveragesmustbeauthorizedbytheTexasDepartmentofInsurancetotransactbusiness 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. TVPEor 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.Commercial General (Public)Personal Injury —$1,000,000 per C C.. Liability (CGL)to include coverage person;Property Damage —atggjl?iz?gll?rlfslareatlg?lfjt;:c:2f:da§0_ for:$1'O00'O0O per Occurrence:day notice of cancellation or material a)Premises/Operations General Aggregate -$2,000,000 Change in Coverage’ . b)Products/Completed ~ 0Pe'a‘l°“S wc CGL and BAL City shall be ‘ c)IndependentContractors proéided30_day nO’?ceof < d)Personal Injury cancellation or material change in e)Contractual Liability 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—ownedvehicles c)Hired vehicles lfthe 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 $1,000,000. Certificate of Insurance forms may be emailed to:Purchasing Department at ebids@Qear|andtx.gov.Questions regarding required insurance should be directed to City of Pearland Purchasing Department,at ebids@gear|andtx.gov. insurance policy with the above requirements to the City.A purchase order will not be issued withoutevidenceofrequiredinsurance.AgreementIagreeto provide the above described insurance coverages within 10 working days if selected to perform work for the CityofPearland.I also agree to provide the City evidence of insurance coverage on any and all subcontractors performingworkontheproject.Promai??lsxg--/'72,c‘;.o.tJl.o.;m,47323/O,5+./4Company:£4‘4t<ILl')l/)$.<,v\v>LtJ ;7“~\Signature and PrintedName:%///"Pvt DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 ATTACHMENT D ~WARRANTY Senlices shall conform to 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: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Proposal Prinl l§5.l'5| EENEIQOCIT‘-H SERVICES INC Generocity Services,Inc. 7/13/23,11:20 AM 1212 Winding Way Drive ~Friendswood,TX77546 -Phone:(281)482-8881 City of Pearland -Jack Enochs Job Address: 2002 Old AlvinRoad Pearland.Tx77581 Print Date:7-13-2023 Proposal for City of Pearland Animal Shelter Demo Dear Mr.Enochs, Generocity Services inc.is pleased to present our preliminary proposal for the above referenced project.Thisproject is priced in accordancewith our CHOICE PARTNERSContract #23/016MRand excludes proprietary vendor and owner's separate contractor pricing. PRELIMINARVDESIGNSPECIFICATIONWAIVER Alldesigns and specifications presented herewith are preliminary and are subject to change after review of changes due to customer requests. Any costs associatedwith preliminary design and scope changes willbe added to the final cost of the project. SCOPE OF WORK Providematerials,labor,equipment,and supervisionto complete the following: scope OF WORK: To Demo and Remove old animal shelter building and slab Mobilize Provide man power and equipment Disconnect all utilities Transport and dispose of debris. Removalis expresslylimited to inside Project site property lines only. Rough grade the demolition area. Backfillrough graded demo area approximately10,000 sqft with bull rock approximately6"deep. Install approx B0lfof 6'tall galvanized chain link fence across front of area and approx 45lf along right side of property Contractor willprovide a 10 day notification (on the owner's behalf)to the Texas Department of Health as required by law Storm Water Prevention Protection Plan (SWIPPP)Silt fencing or temporary fencing are includedhitps:l/builderlrend.netlapp/LeatlProposal/F’rintI7726276 1/4 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 7/13/23,11:20 AM Proposal Print 01-211 Bond —Insurance items ’r?escription Price 3...... 1 ‘..,..i...;.. Unassigned Items 7 Description Price RS Means $180,940.93 Houston CCI.861 N 7 7 -$273,150.78 Choice Partners .89 -$17,136.92 Total Price:$141,733.23 PRECEDENCE We have established a project-specificorder of precedence for the inquiry documents ——not only to help establisha baseline for our pricing,but also to maintain technical continuity,to confirm the intent and prioritiesfor the project,and to provide the basis for solving discrepancies within the inquiryand construction documents.Our order of precedence is as follows: a.Generocity Services Proposal. Addenda issued by Client. Scope of Work issuedby Client within the Invitation to Bid. Directivesand work scope specificallyand graphicallyissuedwithin the Construction Drawings prepared by Client. Manufacturer's recommendationsand installation instructions. Directives,regarding project workscope,specificallywithin the Project Specifications prepared by the Client. AllProject Specificationsprepared by Client that are specificallyapplicableto th e project scope of work and project drawings. Owner's Engineering FacilityStandards that are specificallyreferred to within this inquiry,and that hae been issued as part of the inquiry. "'.3"P~"‘.W_D—."52‘ Balanceof applicableproject bid documents. SERVICES8LMATERIALSPROVIDED BYCLIENT/OWNER Testing and abatement of asbestos and other potentially hazardous materials.Pre-design testing,investigation of soils and other existing structures for engineering purposes.Probing of existing grade in effort to detect subsurface obstructions,obstacles,or hazardousmaterial.Materialstrength and performance testing and other quality controltesting..Document preparationfor permit;coordinating or making applicationfor permit;procuring any building permits or any other permits or feesthatmaybeapplicabletothisprojectunlessotherwisenoted.6.Provisionsof temporary toilet facilitiesfor construction workforce.7.Provisionsof temporary electricalpower supply for constructionpurposes.8.Provisionsof temporary water supply for construction purposes.9.Move,relocate,modify,repair,demolish,or otherwise alter existing facilities,material equipment,appliances,furnishings,installations,utilities,and/orstructures that are not specificallynoted within this scope of work.This includes hidden or latent conditions,undocumented'-"P-.“’!":“htlpstl/builderirend.nellapplLeadProposalIPrinl/7726276 2/4 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 7/13/23,11:20 AM Proposal Print structures,inconsistent soil condition,asbestos,and other hazardous materials in order for Generocity Services to perform the required scope of work. TECH N ICALCLARlFlCATlONS 1.Components and activities specificallyexclude from this proposal: a.Design and/or constructions of permanent site storm water detention or drainage structures. b.Testing of existing concrete slabs for moisture,alkali,and other contamination.Generocity Services willnot be responsiblefor poor performance of adhered floor coverings on moisture-ladenor contaminatedfloor slabs. C.Subsurface de—watering,of the pumping of facility leaksand spills. 2.Our proposal includes the cost of providing materials and equipment called out by model numbers within the inquiry documents.When final engineering,calculation,shop drawings,or other documentation do not support the item physicalcharacteristics,size,shape,operational requirements,etc.required by the Client,then changes may require additionalcosts. 3.lfany code interpretation,that may be issued bythe Client,his agents,the MunicipalsPlan Checking Department,Code Enforcement,or inspections Department,or InspectionDepartment results in additional more stringent project requirements than those shown graphically on th inquire drawings,0 that is specificallynamed of directed within the inquiryspecifications (as they relate to the drawings),the additional cost shall be assessed and passed on to the Client. EXCLUSIONS 1.Plans.architectural,engineering,geotechnical reports,materials testing laboratories. 2.On/off—sitedetention are not included. 3.Generocity Services,inc.has not includedcost for landscaping.traffic control,traffic barricades or signage,overtime o holiday work,trench drains,contairrments,equipment/foundations,house~l<eeping pads/foundations,vibrating equipment,unforeseen underground obstructions, sumps of pits. COMMERCIAL TERMS BLCONDITIONS 1.Validation Period:This proposalis valid for a period of 30 calendar days after the "DATE"indicated above. 2.MaterialCost Escalation:Due to the volatileand unpredlctabieglobal materialmarketing pricing,Generocity Services,Inc.can not guarantee projer.t—specificpricing for the validation period stated above.If materialorders and requite shipments are made at currant pricing,we will honor the materialcost.lfthe cost of the materials increases before shipment,then the change in price will be passed on to the Client/Owner. 3.Generocity Services,inc.willnot perform work changes unless authorizedin writing by the Client before the work begins.Allcost assessments willincludethe cost of tangible items and the additionalcost associatedwith schedule delays and extensions. 4.When materialsand permanent equipment that are purchased for this project are stored either on or off site as a result of delays by Client (or Owner),or the contractors,or agents of the same,progress pay requests will include these materials and equipment items for Client approval and payment within the contract pay period. 5.Generocity Services,inc.willnot be held responsible for damages to any concealed,hidden or buried equipment,structures,pipelines, electricallines,cable,grounding,underground utilitiesand other obstacles. 6.Generocity Services,inc,willnot be held responsiblefor personal injuryfrom accidents resulting from encounters with any concealed,hidden or buried equipment,structures,pipelines,electricallines,cables,grounding,and other obstacles. 7.Downtime or delays caused by Owner and/orClient during the field constructionoperations shallbe assessed by Generocity Services,inc. and reimbursements by Owner and/or Client. Services,inc.and passed on to the Client.9.Our pricing is based on a 40~hourworkweek.We have not includedthe cost of holiday or overtimework hours.We appreciatethe opportunity to present this proposal and lookforward to your review and approval.Sincerely.Joel MuellerDirectorofBusiness DevelopmentGenerocitySen/ices,inc.https:I/buildertreno.net/app/LeadProposal/Printl7726276 3/4 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 7/13/23,11:20 AM Proposal Prini I confirm that my action here represents my electronicsignature and is binding. Signature: Date: Print Name: 4/4 E i !a 1 1 1 1 i Esa I i i 1 I ! i 1i1iEzEs2i:ii2hltps:l/buildertrend.nst/app/LeadProposal/Print/7726276 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 CD515 based on RSMEZHS (Iala Estimate Name:B23—O6—14—2023CHV0fPear1and AnimalShelter D\1|[L|ii\gDemo ESTIMATE INFORMATION Cllenl Name:Cily erPearianrl Notes: Esiinralc Address:TEXAS _.‘«°'2!.""'.¥L‘_._24 .,1 :a '-10090105-_,«."**~{§$’§_3~ Freidpersonnel.pmieci manager. 1.00 013113200200 average s 4,000.00 5 4,000.00 , 2.00 013110200200 Fieldpursonnei.superintendent.average weelt s 7 5 7,450.00 5 7,450.00 Dziiyoperating cost 37 53-0 h0urs'5 days :1505.20 Added operator @ Renl dozer,crevv1er,lorqua canveder.700.00 per day ‘5 1.00 015433204150 diesel 105 HP,inr:i_Hourly oper.C051,week 5 1.50520 5 3,930.00 3 9,200.77 days=893?.00 Mubillla??rl ordemnlzrltzalmn.?0iiv0iy ‘ charge rerequipment,hauled 01120-|0n 1 2.00 015-130501400 Capzitily lnwed traiier Eu.5 -5 1,450.00 5 1,090.00 Buildingdemolition.large urban plojecls, mlxlure 0|lypes,excludes roundaiion 050051;:151021iaii :1 12750.00 024110130100 dnmuliiiun.dump lees CI.3 -5 3,442.50 5 7,012.50 1275000 Saleclivn derneiiiion.nmbish hand?ng, durnpsler,alternate pricing rneihod. disposaltee per tan.average tar art eizas. 350.00 024119100950 east 10 he added (0 denreiitienoasi TM 5 33,050.00 5 —s 33.05000 seieclive demulition,rubbish handling,0'- 100'haul.load.haul,dump and relum, wheeled.wsl to be added to derrtoiilion 000.00 024113192045 cost C.V.5 —s 30,400.00 5 30,400.00 1 Salecliva dernonilon.nrrmishhandiing, haul and return,add per each exlr.11DK)' haui.ivhaeled,met In he added to 000.00 024110192005 denrdiirion1:05!031.s .s 17,500.00 5 17,000.00 i Saiaclivr:cuncnala demnlillnu.reinforcing more lll?rl 2"/5crass-seclionzilirea.break up into smail places,excludes shoring. bracing,saw III |0rch culling,loading, 20.00 030505100070 hauiing.durnping C.Y.s »5 7,600.00 5 0,400.00 Reugir grading siles,0.100-10.0005.5.. 1.00 312213200100 ski'dslear&lab0r ea.5 —5 4.20000 s 4.50500 izxeavated crhoiruw.[0050 cubic yards, smelt excevaliun jeiz,12 t:.v.truck pol 00.00 312323202100 hciln.excludesloadinguquipmenl Hr.s -5 7,000.00 5 15,000.00 -, Compaclinn,slruc|ur=r|,5 ions.steel I‘ 3200 312323240020 i-meellandernrolier Hr.s -5 4.35200 5 5.6161)!1 R|p~Iapand lock lliilng,random,broken 413.96 313713100300 sidna,50ib.averrrge.dumpe0 Ten 3 14,030.57 5 70345 s 16,377.65 Fence.chain linkindusinal.wrought Iron. 2''posts @ 10'CC.3 strand:barb\vi1e.9 1 93,wire,6'high,Includes sxcavalion,8:1 125.00 323113200304 oonctaie LF.5 9,107.50 3 975.00 S 10,400.00 R 5 Means Esllmale S 150,940.93 '5 Hoiislon CCI .361 S (25.15G.79)‘ Cholce Farmers .89 S (17.13B.92) Sub TDIEII S 138,653.23 Band 5 3.021000 Grand Total $141,733.23 iI DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 THE AMERICAN INSTITUTEOF ARCHITECTS Bond No.4468274 AIA Document A312 Performance Bond Any singular reference to Contractor,Surely,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address):SURETY (Name and Principal Place of Business): Generocity Services,Inc.SureTec Insurance Company 1212 Winding Way 2103 CityWest Blvd.,Suite 1300 Friendswood,Texas 77546 Houston,Texas 77042 OWNER (Name and Address): City of Pearland 3519 Liberty Drive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: Amount:One Hundred Forty—0ne Thousand Seven Hundred Thirty-Three and 23/100 Dollars ($141,733.23) Description (Name and Location): Animal Shelter Demolition (FA1803) BOND Date (Not earlier than Construction Contract Date): Amount:One Hundred Forty-One Thousand Seven Hundred Thirty-Tliree and 23/100 Dollars ($141,733.23) Modifications to this Bond:None D See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company:Genemcity Services,Inc_(Corporate Seal)Company:(Corporate Seal) 7 4.,._, Signature: _ Signature: Name and ltlE2\)H’-l /Y)-—-4'/Z/L ,¢Sc««..I Nameand Title:Kelly .B oks,Attorney—in—Fact M Io»-J4/L, (Any additional signatures appear on page 3) AGENT or BROKER:OWNER'S REPRESENTATIVE (Architect,Engineer orSouthernAmericanInsuranceAgency°”"e’P3"iYl713823SchmidtRoadCypress,Texas 77429AIAnocumwrA312-PERFORMANCEBOND AND PAYMENTnow:-DECEMBER 1954 ED.-AIA atTHEAMERICANwsnrurrorARCHITECTS,1735 NEW voxx AVE.,N.W.,WASHINGTON,n.c.moor,A312.19|;4 1THIRDPRINTINGIMARCH1957 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 1 The Contractor and the Surety,jointly and severally, bind themselves,their heirs,executors,administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2 if the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond,except to participate in conferences as provided in Subparagraph 3,1. 3 lf'there is no Owner Default,the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reason~ able time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default;and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract.Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1;and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner, 4 When the Owner has satisfied the conditions of Para- graph 3,the Surety shall promptly and at the Surety’s ex- pense take one of the following actions: 4.1 Arrange for the Contractor,with Consent of the Owner,to perform and complete the Construction Contract;or 4.2 Undertake to perform and complete the Construc- tion Contract itself,through its agents or through inde- pendent contractors;or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract,arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the Owner resulting from the Contractor's default;or4.4 Waive its right to perform and complete,arrangeforcompletion,or obtain a new contractor and withreasonablepromptnessunderthecircumstances:.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is deter- mined,tender payment therefor to the Owner;or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surely demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Subparagraph 4.4,and the Owner refuses the payment tendered or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract-,and if the Surety elects to act under Subparagraph 4.1,4.2,or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contracl,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.To the limit of the amount of this -Bond,but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract,the Sure- ty is obligated without duplication (or: 6.1 The responsibilities of the Contractor for correc- tion of defective _work and completion of the Construc- tion Contract; 6.2 Additional legal,design professional and delay costs resulting from the Contractor's Default,and.re- sulting from the actions or failure to act of the Surety under Paragraph 4;and 6.3 Liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual dam- ages caused by delayed performance or non-perlor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators or successors. B The Surety hereby waives notice of any change,includ- ing changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obliga- tions. 9 Any proceeding,legal or equitable,under this Bond and shall be instituted within two years after ContractorDefaultorwithintwoyearsaftertheContractorceasedworkingorwithintwoyearsaftertheSuretyrefusesorfailstoperformitsobligationsunderthisBond,whichever oc-curs first.if the provisions of this Paragraph are void orprohibitedbylaw,the minimum period of limitation avail-All DOCUMENTA311 ‘PERFORMANCE BOND AND PAYMENTBOND 'DECEMBER1984 ED.-MA (3THEAMERICANmsrnursorARCHITECTS,1735 NEW vom<AV£.,N.W..WASHINGTON,o.c.zouosTHIRDPRINTING‘MARCH 1587 A3124984 2 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 able to sureties as a defense in the jurisdictionof the suit shall be applicable. 10 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price:The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be receivedby the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract:Theagreementbetween the Owner and the Contractor identified on the sig- nature page,including all Contract Documents and changes thereto. 12.3 Contractor Default:Failure oi the Contractor, which has neither been remedied nor waived,to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default:Failure of the Owner,which has neither been remedied nor waived,to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company:(Corporate Seal) Signature:Name and Title:Address: SURETY (Corporate Seal) Signature:_..___.______._é%._Name and Title:Address:AIA DOCUMENT A312 ‘PERFORMANCE BOND AND PAVMENT BOND 'DECEMBER 1934 ED.'AM ®THE AMERICAN INSTIIUTE OF ARCHITECTS,1735 NEW VORK AVE,N.W.,,WA5H|NGTDN,D.C.ZUCIOETHIRDI‘RlNTING 'MARCH 1957 A312-1984 3 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 POA#_42210B2 _ JOINT LIMITEDPOWER OF ATTORNEY KNOW ALLMEN BYTHESE PRESENTS:ThatSureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company (the "Company"l,a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: C.A.McClure,Kelly J.Brooks.Kenneth L.Meyer.Michelle Ulery Their true and lawful agent(s)and attorney(s)-invfact,each in their separate capacity if more than one Is named above,to make,execute,sealand deliver for and on their own behalf,Individually as a surety or jointly,as co-sureties,and as their act and deed anyandall bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power ofAttorney is grantedand is signed and sealed under and by the authority oftlie following Resolutions adopted by the Boardof Directors of $ureTec Insurance Company and Markel Insurance Company: "RESOLVED,Thatthe President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorixed to execute powersof attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power ofattorney,to execute in behalf of,and acknowledge as the actand deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 15th clay of November ,2022 . Markel suranceC panySureTecInsuranceCompany ‘MichaelC.Keimig,Preside Bv indey Jen State of Texas County of Harris: On this 15th day of November _2022 A.D.,before me,a Notary Publicaf the State of Texas,in and for the County of Harris,duly commissionedand qualified, came THEABOVE OFFICERS OF THECOMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board ofDirectors ofsaid Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. XENIAFilVAS NotaryPublicStateofTexas 3,. Commission#129117659 CommissionExpires9/10/24 My co mission expires 9/1o/2024 we,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWEROF ATTORNEYof which the IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of ___.S reTec lnsu nce Comp y yr.»In ance Company//./~\By:By:__M.Br t Beaty,As stant Secre ry A drew arquls,Assistan ecretarAnyInstrumentIssuedinexcessofthepenaltystatedaboveistotallyvoidandwithoutanyvalidity.For verification of the authority of this Poweryw may call (713)B12080Oon any busimssday between 8:30 AM and 5:11!PM GT.DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 THE AMERICANINSTITUTEOF ARCHITECTS Bond No.4468274 AIA Document /I312 Payment Bond Any singular reference to Cnntractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address):SURETY (Name and Principal Place of Business): Generocity Services,Inc.SureTc<:Insurance Company 1212 winding way 2103 CityWesL Blvd.,Suite 1300 Friendswood,Texas 77546 11011510".TENS 77042 OWNER (Name and Address): City of Pearland 3519 LibertyDrive Pearland,Texas 77581 CONSTRUCTION CONTRACT Date: Amount:One Hundred Forty-One Thousand Seven Hundred Thirty—Threeand 23/100 Dollars ($141 ,733.23) Descrip?on (Name and Location):Animal Shelter Demolition (FAIBO3) BOND Date (Not earlier than Construction Contract Date): Amount;One Hundred Forty-One Thousand Seven Hundred Tl-iirty—Threeand 23/100 Dollars ($141,733.23) Modifications to this Bond:None [I see Page 6 CONTRACTOR AS PRINCIPAL SURETY Company:Generocity Services,IHCA(Corporate Seal)Company:(Corporate Seal) Signature:Signature; 7 Name and tlez.70¢/[Wig //44,'é€i\LA~I Name and Tit|e;Kelly I.ro (s,Attorney—in~Fact Mn-w by44“ (Any additional signatures appear on page 6) AGENT or BROKER:OWNER'S REPRESENTATIVE(Architect,Engineer orSouthernAmericanInsuranceAgencyotherparty):13823 Schmidt RoadCypress,Texas 77429AIAnocumwrA312-PERFORMANCE noun mo PAYMENT aouo -oecemanz 1554 E0.-AIA ®THE AMERICAN INSTITUTE or ARCHITECTS,1735 NEW voru<AVE.,N.w.,WASHINGTON,D.C.znons A312-1934 43THIRDPR|NT5.‘lC 'MARCH ‘I937 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 1 The Contractor and the Surety,jointly and.severally, bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract,which is incorpo rated herein by reference. 2 With respect to the Owner,this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment,directly or indirectly, for all sums due Claimants,and 2.2 Defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity whose claim,demand,lien or suit is for the payment for labor,materials or equipment fur- nished for use in the performance of the Construction Contract,provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12)of any claims,demands, liens or suits and tendered defense of such claims, demands,liens or suits to the Contractor and the Surety,and provided there is no Owner Default. 3 With respect to Claimants,this obligation shall be null and void if the Contractor promptly makes pay- ment,directly or indirectly,for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy,or notice thereof,to the Owner,within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating,with substantialaccuracy,the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed;and .2 Have either received a rejection in whole or in part from the Contractor,or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly;and .3 Not having been paid within the above 30 days,have sent a written notice to the Surety stating that a claim is being made under thisBondandenclosingacopyofthepreviouswrittennoticefurnishedtotheContractor.5 if a notice required by Paragraph 4 is given by theOwnertotheContractorortotheSurety,that is suffi-cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4,the Surety shall promptlyand at the Surety’s expense take the following actions: 6.1 Send an answer to the Claimant,with a copy to the Owner,within 45 days after receipt Of ill?Claim. Stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts, 7 The Suretv’stotal obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims. if any,under any Construction Performance Bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractorthat are unrelat- ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond,and shall have under this Bond no obli- gations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 10The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is locatedor after the expiration of one year from the date (1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or (2)on which the last labor or service was performed by anyone or the last mate rialsor equipment were furnished by anyone under the Con- struction Contract,whichever of (1)or (2)first occurs.if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety,the Owner or the Contractor shallbe mailed or delivered to the address shown on the signature page.Actual receipt of notice by Surety,the Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date received at the 13 When this Bond has been furnished to comply with astatutoryorotherlegalrequirementinthelocationwheretheconstructionwastobeperformed,any provision in thisBondconflictingwithsaidstatutoryorlegalrequirementshallbedeemeddeletedherefromandprovisionscon-forming to such statutory or other legal requirement shallbedeemedincorporatedherein.The intent is that thisAIADOCUMENTA312IPERFORMANCEBONDANDPAYMENTBONDIDECEMBER19114ED.-MN’THE AMERICAN INSTITUTE OF ARCHITECTS,7735 NEW YORK AVE,N.W.,WASWNCTON,DC.20005THIRDPRlNTlNG‘MARCH 1957,A31 2-1 984 5 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearingto be a potential beneficiary of this Bond,the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant:An individual or entity having a direct contract wlth the Contractor orwith a subcontractorof the Contractor to furnish labor,materials or equip- ment for use in the performance of the Contract.The intent of this Bond shall be to include without limita- tion in the terms ''labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the MODIFICATIONS YO THIS BOND ARE AS FOLLOWS: Construction Contract,architecturaland engineering services required for performance of the worlt of the g Contractor and the Contractor's subcontractors,and all other items for which a mec_hanic'slien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig nature page,including all Contract Documents and changes thereto. 15.3 Owner Default:Failure of the Owner,which has neither been remedied nor waived,to pay the Con- tractoras required by the Construction Contractor to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTORAS PRlNClFAL Company:(Corporate Seal) Signature:Name and Title:Address:Signature:Name and Title:Address: SURETY Company:(Corporate Seal] AIA DOCUMENT MI!I PERFORMANCEEOND AND PAYMENT BOND 'DECEMBER195‘ED.-NA ®THE AMERICANlNSTlTUTEDF ARCHITECIS,1735 NEW YORK AVE..N.W.,WASHINGTON,D.C,ZDODETHIRDPMNTINC.-MARCH 1987 A312-1934 6 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 POAH 4221062 _ JOINT LIMITEDPOWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS:ThatSureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markei Insurance Company (the "Company“),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: C.A.McClure,Kelly J.Brooks,Kenneth L.Meyer,Michelle Ulery Their true and lawful agentlsi and attorney(s)-in-fact,each in their separate capacity if more than one Is named above,to make,execute,seal and deliver for and on their own behalf,Individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/1 00 Dollars ($50,000,000.00) This Power ofnttorney is grantedand is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: ”RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power ofattorney,to execute in behalf of,and acknowledge as the actand deed of the SureTec insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to af?x the corporate seal thereto.” INWITNESS WHEREOF,Markel Insurance Company andSureTec Insurance Company have caused their official sealto be hereunto affixed and these presents to be signed by their duly authorized officers on the 15m day of November ,2022 . SureTec Insurance Company mA/ Michael C.Keimig,Preside By: State of Texas County of Harris: On this 15th day of November ,2022 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissionedand qualified, came THE ABOVE OFFICEKSOF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors ofsaid Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Of?cial Seal at the County of Harris,the day and year firstabove written. XENIAFIIVAS NotaryPublicStateofTexas Commission#129117559 CommissionExpires9/10/24 My co mission expires 9/1o/2024 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEYofwhich the IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the clay of ___,ance CompanyAdrewiarquis.Assistan ecretarSreTeclnsunceCom7tBeaty,As stantSecre ryAnyinstrumentissuedinexcessofthepenalty stated above is totally void and without anyvalidity.For verification ofthe authority cf this Poweryou may call (713)812-O800onany business day between BSOAM andsoo PM (ST.DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Sure‘ SureTec Insurance Company 2103 CityWest Boulevard,Suite 1300 Houston,TX 77042 713-812-0800 Bond No.4468274 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS,that we Generocity Services Inc.as Principal,and SureTec Insurance Company,a corporation organized under the laws of the State of Texas,and duly authorized to do business in the State of Texas as Surety,are held and firmly bound unto The City of Pearland as Obligee,in the penal sum of One Hundred Fortv—OneThousand Seven Hundred Thirtv-Three and 23/100 Dollars ($141,733.23)to which payment well and truly to be made we do bind ourselves,and each of our heirs, executors,administrators,successors and assigns jointly and severally,firmly by these presents. WHEREAS,the said Principal has completed,and owner has inspected and accepted as being complete in accordance with applicable design documents (failing which,this bond shall become effective only upon such completion and inspection)that certain work (herein referred to as t_h_e_“Work")described as:Animal Shelter Demolition (FA1803). WHEREAS,said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of 1 year (s)after substantial completion of the Work against defects in workmanship and materials which are the responsibility of the Principal under the contract under which the Work was constructed,and which did not appear prior to the final completion of the Work. Principal shall indemnify the Obligee for all loss that the Obligee maydefectivematerialsorworkmanshipwhichmayfirstbecomeapparent,and with respect towhichwrittennoticeisdeliveredtoSurety,before the expiration of the period of 1_year (s)from and after date of substantial completion of the Work,then this obligation shall be void,othen/vise to remain in full force and effect.This obligation does not cover normal wear and tear of materials,misuse or abuse bytheObligeeorthirdparties,failure of Owner to perform owner-required maintenance,norMaintenanceBond— No Performance Bond Furnished Rev.010106PleaseseetheattachedRiderforimportantnoticesandcoverageinformation DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 any defects known to Obligee prior to final completion of the Work nor any defects discovered or occurring after the expiration of the period set forth above. Surety‘s liability on any performance bond previously executed in connection with the Work shall terminate automatically upon acceptance of this Bond and Surety’s liability shall thereafter be determined exclusively in accordance with the terms of this Bond. No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee named herein,nor shall any suit be filed or action maintained on this bond more than twenty five (25)months after the date of the earliest timely notice of defect by Obligee to Surety. SIGNED,SEALED AND DATED THIS I 2 day of V )2 ,2023. Generocit Services Inc. Principal By: SureTec Insurance Company Kelly J.ro s,Attorney-in-Fact Maintenance Bond —No Performance Bond Furnished Rev.1-1-06PleaseseetheattachedRiderforimportantnoticesandcoverageinformation DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 POA#4221062 _ JOINT LIMITEDPOWER OF ATTORNEY KNOW ALLMEN BYTHESE PRESENTS:That SureTec insurance Company,a Corporation duly organiled and existing under the laws of the State of Texas and having its principal of?ce in the County of Harris,Texas and Markel Insurance Company (the "Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make.constitute and appoint: C.A.McClure,Kelly J.Brooks,Kenneth L.Meyer,Michelle Ulery Their true and lawful agentis)and attorneyis)-in-fact,each in their separate capacity if morethan one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,andastheir act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Millionand 00/100 Dollars ($50.000,000.00) This Power ofAttorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Boardof Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the actand deed of the Sureiec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakingsand contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and Sureiec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 15th day of November ,2022 . SureTec Insurance Company Michael C.Keimig,Preside State of Texas County of Harris: On this 15th day of November ,2022 A.D.,before me,a Notary Publicof the State of Texas,in and for the County of Harris,duly commissionedand qualified, came THE ABOVE OFFICERS OF THECOMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors ofsaid Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. XENIARIVAS NotaryPublicStateofTexas Commission#129117659 CommissionExpires9/10/24 My co mission expires 9/10/2024 we,the undersigned Officers of SureTec insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEYof which the copy is still in full force and effect and has not been revoked. INWITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of _____,_ eH/nltanceCompany1arquis,Assistan ecretar/MarSreTeclnsuncecompyBy:M.Br tl3eaty,As stantsecre ryAnyinstrumentissuedinexcessofthepenalty stated above is totally void and without anyvalldity.Forverification of the authority of this Poweryou may call (713ia12 osoo on any bininessday between 3:30 AM and5:m PM GT.DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 Z?ACORD®CERTIFICATE OF LIABILITYINSURANCE °““””’“°”"" 7/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELYOR NEGATIVELYAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT’:If the certificate holder is an ADDITIONAL INSURED,the p0IIcy(ieS)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NQME:Nikki Chapman Highpoint Insurance Group,LLC.f§;gN“*f°EX“:(281)204-8770 (F£IéYN°)L(2D))2n4-eaxn 4300 FM 2351 §gQ,'g;SS.hpcerEs@hp1grp.com INSURERIS)AFFORDING COVERAGE NAIC av Frie“d5W°°d TX 77545 lNSURERA:TexaS Mutual Insurance Company; '“5“RE°INSURER B: Generocity Services Inc.INSURERC: 1212 Winding Way Rd ,N_.,uRERD; INSURERE: Friendswood TX 77546 INSURER F, COVERAGES CERTIFICATE NUMBER:2022 Master Cert REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINGANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONSANDCONDITIONSOF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE lummm POLICY NUMBER (MMIDDIYYYY)IMMIDDIYYYV)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 DAMAGE To RENTED CLAIMS-MADE OCCUR PREMISES [Ea occurrence)5 MED EXP (Any one persun)5 PERSONAL &ADV INJURY s sEN‘LA<sEREoATE LIMITAPPLIES PER.GENERALAGGREGATE 5 POLICY SS8;LOC PRODUCTS ~COMP/OP AGG 5 OTHER: 5 AUTOMOBILE LIABILITY fE‘;““a':'c’i‘d‘=;?“)5‘NG'-E“MIT 5 ANYAUTO BODILY INJURY (Per person)3 §'0'~T8g’V“ED ESLIEEULED BODILY INJURY (Per accident)5 NON-OWNED PROPERTY DAMAGE 5 HIRED AUTOS AUTOS (Per accideni) 5 “""B“E'-L“'-"‘“OCCUR EACH occURRENcE s EXCESS UN?CLAIMS—MADE AGGREGATE 3 DED RETENTION s s WORKERS COMPENSATION x PER 0TH’ AND EMPLOYERS‘LIABILITY Y ,N STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT 5 1 ,000 ,000 OFFICERIMEMBEREXCLUDED?N N IA I A (Mandalcryin NH)0001241409 8/18/2022 9/19/2023 E.L.DISEASE»EAEMPLOYEE 5 1,000,000 ‘ Iiyes,describe under DESCRIPTION OF OPERATIONS new E.L.DISEASE »POLICY LIMIT 5 1 000 000 DESCRIPTTDNOF OPERATIONS ILocATIoNsIvEHIcLEs (ACORD 101,Additional Remarks Schedule,may be attached Ifmore space is required) The Workers’Comp policy include blanket automatic waiver of subrogation coverage per WC420304E.All such coverages are provided to the certificate holder only when there is a written contract or agreement between the named insured and the certificate holder that requires such status and/or coverage. CERTIFICATE HOLDER CANCELLATIONSHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIONDATETHEREOF,NOTICE WILL BE DELIVERED INC‘ty °f Pearland ACCORDANCE WITH THE POLICY PROVISIONS.3519 Liberty Dr‘Peax:land,'l‘X 77581 AUTHORIZEDREPRESENTATIVEIBrandonSmyrl/MONMOS©1988-2014 ACORD CORPORATION.All rights reserved.ACORD 25 (20‘I4I01)The ACORD name and logo are registered marks of ACORD|NS025 (201401)DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 DATE IMMIDDIYYYY)AEBRDE CERTIFICATE OF LIABILITYINSURANCE mmm 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 |NSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policyties)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER §2,I,‘,1E".‘°T Hotchkiss Insurance Agency,LLC VPHONIE ‘” FAX 13430 Northwest Freeway Jg§ 99'9810 «—» WC 39 39550331 Suite 600 Aupaess:certs@LIia|!c.com A _ W Houston TX 77040 __INSURER(§)AFFORDlNG covERAqE _NA|C# ___,,__INSURERA:Mid-Continent gasualty CompanL 2_3418 “SURE”GENESERW INSURERB: Generocity Services Inc E‘"'”‘ 1212 V\?nding Way '”5"RER°»'-- Friendswood TX 77546 INSURERD:_ MN INSURER E : INsuRER F: COVERAGES CERTIFICATE NUMBER:1152591781 REVISION NUMBER: 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.LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A L '' ILI'ISI>§TYPE OF INSURANCE 1:53;I135;POLICY NUMBER Illliht-II-[I)‘|:)‘l(V$FYI;)(rm/LDIDIYIIIIIIY)LIMITS A X COMMERCIALGENERAL LIABILITY Y Y MGL001100736 3/1/2023 3/1/2024 EACHog;cURRENcE A? 51‘ggo_uoo "“X DAMASEGET0RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence)3 300.000 MED EXP (Any one person)310,0“ PERSONAL 2.ADv INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER:GENERAL AGGREGATE 3 2,000,000 X POLICY E 353%Loc PRODUCTS—COMP/OP AGG 52005000 OTHER: 5 A AUTOMOBILE LIABILITY Y Y MCAO02854816 3/1/2023 3/1/2024 COMBWEDSINGLE L""“T 8 1.000.000{Ea accident) x ANY AUTO BODILY INJURY (Per person)s OWNED SCHEDULED " A Amos ONLY AUTOS BODILY INJURY (Per accident)s , X HIRED X NoN.owNED PROPERTYDAMAGE $ _AUTOS ONLY AUTOS ONLY (Per accmenu $ A L UMBRELLA LIAB X OCCUR 04><S0022951O 3/1/2023 3/1/2024 EACH occuRRENcE $1,009,000 EXCESS MAB CLAtMS~MADE AGGREGATE‘3 1,000,000 DED RETENTION 5 $ WORKERS coMI=ENsATIoN PER OTH- AND EMPLOYERS‘LIABILITY Y ,N ST"“’TE ER ANYPROPRIETORlPl;<RT-IEIJIERIEXECUTIVEN[A E4L?EACH ACCIDENT OFFICER/MEMBERE C ED? T (Mandatory in NH)E.L.DISEASE .EA EMPLOYEE s Iryee.describe under DESCRIPTION or OPERATIONS below EL.DISEASE -POLICY LIMIT s A Inland Marine 04ClM00tJ035145 3/1/2023 3/1/2024 EquiI=men|126.450 Personal Property 40,000 DESCRIPTION or OPERATIONS I LOCATIONSIVEHICLES (ACORD 101,Additional Remarks Schedule,may be attached Itmore space is required) The General Liability policy includes a Blanket AdditionalInsured status with form CG 20 37 12 19 whereas required by written contract.The General Liability includes a Blanket Waiver of Subrogation with form CG 24 04 12 19 whereas required by written contract.The General Liability has Primary and N0nC0ntributory wording with form CG 20 01 12 19 whereas required by written contract.The General Liability policy includes a 10 day Notice of Cancellation for nonpayment or 30 day Notice of Cancellation for any other reason. CERTIFICATE HOLDER CANCELLATIONSHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIONDATETHEREOF,NOTICE WILL BE DELIVERED INACCORDANCEWITHTHEPOLICYPROVISIONS.City of Pearland3519LlbenyDnve AUTHORIZEDREPRESENTATIVEPearlandTX77581/$7‘©1988-2015 ACORD CORPORATION.All rights reserved.ACORD 25 (2016I03)The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —OWNERS,LESSEES OR CONTRACTORS —COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIALGENERAL LIABILITYCOVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITYCOVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 0rganization(s):Location And Description Of Completed Operations Any person or organization for whom the named All locations and completed operations. insured is operating under a written "insured contract"when such contract requires an additional insured endorsement. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section II —Who Is An Insured is amended to B.With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds,the following is added to organization(s)shown in the Schedule,but only Section III——Limits Oflnsurance: with respect to Iiabimy for "b°dIIy Injury"°r If coverage provided to the additional insured is "pI°pe”y damage"CausediI”Whole °r I“pm’required by a contract or agreement,the most we by "Y°”i W°’k"at ‘he '°°a“°"“signaled and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amoumofinsurance. performed for that additional insured and included in the "products-completed operations 1-Required bi/the °°”"I3°I°I a9I9eme”t30’ hazard“.2.Available under the applicable limits of However.insurance; 1.The insurance afforded to such additional WI‘IChe"erISIe5S- insured only applies to the extent permitted This endorsement shall not increase the applicable limits of insurance. insured is required by a contract oragreement,the insurance afforded to suchadditionalinsuredwillnotbebroaderthanthatwhichyouarerequiredbythecontractoragreementtoprovideforsuchadditionalinsured.CG 20 37 12 19 ©Insurance Services Office,lnc.,2018 Page 1 of1 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 COMMERCIALGENERAL LIABILITY CG 24 04 12 19 THIS ENDORSMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART ELECTRONIC DATA LIABILITYCOVERAGE PART LIQUOR LIABILITYCOVERAGE PART POLLUTION LIABILITYCOVERAGE PART DESIGNATED SITES POLLUTION LIABILITYLIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITYCOVERAGE PART RAILROAD PROTECTIVE LIABILITYCOVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person Or Organization: Any person or organization for whom the named insured is operating under a written "insured contract"when such contract requires a waiver of transfer of rights of recovery against others. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against the person(s) or organization(s)shown in the Schedule above because of payments we make under this Coverage Part.Such waiver by us applies only to the extent that the insured has waived its right to recovery against such person(s)or organization(s)prior to loss.This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 0412 19 ©Insurance Services Office,Inc.,2018 Page 1 of1 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY— OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART LIQUOR LIABILITYCOVERAGE PART PRODUCTS/COMPLETEDOPERATIONS LIABILITYCOVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be primary contrary:and would not seek contribution from any other Primary And Nonconmbutory Insurance insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance;and CG 20 01 1219 ©Insurance Services Office,lnc.,2018 Page 1 of 1 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 IL 00171198 ILOO1711 98 COMMON POLICY CONDITIONS A.Cancellation 1.The first Named insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2.We may cancel this policy by mailing or deliv- ering to the first Named insured written notice of cancellation at least: a.10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium;or b.30 days before the effective date of cancel- lation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named insureds last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 5.if this policy is cancelled,we will send the first Named insured any premium refund due.if we cancel,the refund will be pro rata.if the first Named Insured cancels,the refund may be less than pro rate.The cancellation will be ef- fective even if we have not made or offered a refund. 6.if notice is mailed,proof of mailing will be suf- ficient proof of notice. .Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. .Examination Of Your Books And Records ords as they relate to this policy at any time duringthepolicyperiodanduptothreeyearsaftenrvard.D.Inspections And Surveys1.We have the right to:a.Make inspections and surveys at any time;Copyright,insurance Services Office,Inc.,1998 All Coverage Parts included in this policy are subject to the following conditions. b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys,reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged.We do not make safety inspections.We do not un» dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public.And we do not warrant that conditions: a.Are safe or healthful;or b.Comply with laws,regulations,codes or standards. 3.Paragraphs 1.and 2.of this condition apply not only to us,but also to any rating,advisory,rate service or similar organization which makes insurance inspections,surveys,reports or recommendations. 4.Paragraph 2.of this condition does not apply to any inspections,surveys,reports or recom~ mendations we may make relative to certi?ca- tion,under state or municipal statutes,ordi- nances or regulations,of boilers,pressure ves- sels or elevators. E.Premiums The first Named insured shown in the Declara- tions: 1.is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. .Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in if you die,your rights and duties will be trans-ferred to your legal representative but only whileactingwithinthescopeofdutiesasyourlegalrep-resentative.Until your legal representative is ap-pointed,anyone having proper temporary custodyofyourpropertywillhaveyourrightsanddutiesbutonlywithrespecttothatproperty.Page 1 of 1 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 House Bill 89 Verification I,/(Person name),the undersigned representative (hereafter referred to as “Representative”)of .’e«.c/?;.~c,» ,(er;/,a<,\.A L...(company or business name,hereafter referred to as “Business Entity”),being an adult over the age ofeighteen (18)years of age,after being duly sworn by the undersigned notary,do hereby depose and affirm the following: 1.That Representative is authorized to execute this verification on behalf of Business Entity; 2.That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Peadand;and 3.That Representative understands that the term “boycott Israel”is defined by Texas Government Code Section 2270.001 to mean refusing to deal with,terminating business activities with,or othen/vise taking any action that is intended to penalize,inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an lsrae|i—controI|ed territory,but does not include an action made for ordinary business purposes. T /(7%-své/(1 SIGNA ‘R/EOF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned authority,on this I’?day of 5 lg“:20915 KRISTINPRIEBE otary Public,State of Texas Notary ID 130575509 DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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|0N OF |:"_|NG Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: °“1”5'"eS5-2023-1047102 Generocity Services Inc. Friendswood,TX United States Date Filed: Name of governmental entity or state agency that is a party to the contract for which the form is 07/17/2023 being filed. City of Pearland Date Acknowledged: 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. C0723-17 Animal Shelter Demo R2023-172 Choice Partners 23/016MR Nature of interest Name of Interested Party City,State,Country (place of business)(check applicable) Controlling Intermediary Harris,chad Friendswood,TX United States X Harris,Amanda Friendswood,TX United States X <.%“I§& 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is chad Hams ,and my date of birth is 7/21/1972 My address is 23 Windsong Lane ‘Friendswogdy I TX 77546 USA(street)(city)(slate)(zip code)(country)I declare under penalty of perjury that the foregoing is true and correct.Executed in Galveston County.State of Texas ,on the 17 day of J“"/.2023(month)(year)‘014/VSireofauthorized agent of contracting business entity(Declarant)Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca DocuSign Envelope ID: C83DCB27-1DFA-48D7-B990-45BE04D153F9