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R2024-089 2024-05-20 DocuSign Envelope ID.7CB5CBCF-3E02-4416-924C-2173E43ECBFF RESOLUTION NO. R2024-89 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 through the Texas Association of School Boards (TASB) Buy Board for construction services associated with the Natatorium Recapitalization Project, in the amount of$1,903,860.00, with Progressive Commercial Aquatics 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 Texas Association of School Boards(TASB) Buy Board for the Natatorium Recapitalization Project, with Progressive Commercial Aquatics, in the amount of$1,903,860 00 Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Association of School Boards(TASB)Buy Board for the Natatorium Recapitalization Project. PASSED, APPROVED and ADOPTED this the 20th day of May, A.D , 2024 ,7‘ J VIN COLE `AYOR ATTEST �DoeuSlgned by: Fra1n,ct-s fiouitar ll 00cc2263 rrr416... FRANCES AGUILAR, TRMC, MMC ,R,AN CITY SECRETARY 2 s�3 U t1 1 APPROVED AS TO FORM 1 ' e—DoeuSlpned by: DAF1`grInIFdkV&&KER CITY ATTORNEY� I PEARLANbCity of Pearland 3519 Liberty Drive Pearland,TX7758] SERVICECONTRACTNO.#C0524-11 For Natatorium Recapitalization Phase I THIS CONTRACT ("Contract")is entered into by and between the City of Pearland,a Texas home- rule municipal corporation (“City")and Contractor.(“Contractor"),and consisting of the following parts: I.Summary of Contract Terms ll.Signatures |||.Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor:Progressive Commercial Aquatics 2510 Farrell Rd Houston,TX 77073 Description of Services Contractor will provide City of Pearland services,in accordance with speci?cations of Quote No.Pear/and Nataton'um Quote with Breakdown (Buyboard Contract 701-23). Contract Amount:$1,903,860.00 Effective Date:05/21/2024 End Date:11/21/2024 Renewals:0 Resolution NoIBid No R2024—,Quote No.Pear/and Natatorium Quote with Breakdown (Buyboard Contract 701-23) ll.Signatures CITY OF PEARLAND CO Purchasing Officer Date Date *Signed by:Date Superintendent/Manager _Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority:Superintendent/Manager —up to $10,000 Director -$10,001 -$30,000 City Manager/Deputy/Assistant City Manager -$30,001 + City Council Resolution over $50,000 Service Contract Standard Form Page 1 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 5/21/2024 | 8:59 AM CDT 5/21/2024 | 3:13 PM CDT accountspayab|e@£earlandtx.gov Ill.Standard Contract Provisions WHEREAS,Contractor has bid to provide Services ("Services")in response to Request for Bid/Proposal or Quote No.Peartand Natatorium Quote with Breakdown (Buyboard Contract 701 -23) ("Solicitation”),which Solicitation includes the required scope of work and all speci?cations 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 (12 Months)one year,with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division,or upon the performance date listedin the notice to proceed,whichever is later.The parties may mutually extend the Term of this Contract for up to (12 Months)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 $1,903,860.00, subject to approved extensions and changes.Payment will be made for Services completed and accepted by the City within thirty (30)days of acceptance,subject to receipt of an acceptable invoice.Contractor shall invoice no more frequently than once per month.All pricing must be in accordance with the attached Bid/Pricing Schedule,as shown in Attachment B,the content of which is incorporated,in its entirety,by reference into this Contract.Any amount not expended during the initialterm 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: 4.Contract Administrator.The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract,including deductions for non-performance and authorizations for payment.The City's Contract Administrator for this Contract is as follows: Name:Francesca Beltran Department:Engineering &Public Works Phone:281.652.1946 Email:fbeltran@pearlandtx.gov 5.Insurance;Bonds (A)Before performance can begin under this Contract,the Contractor must deliver a Certi?cate of Insurance (“COI"),as proof of the required insurance coverages,to the City’s Contract Administrator.Additionally,the COI must state that the City shall be provided no less than thirty (30)days’advance written notice of cancellation,material Service Contract Standard Form 'Page 2 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 change in coverage,or intent not to renew any of the policies.The City must be named as an additional insured.The City Attorney must be given copies of all insurance policies within ten (10)days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C,the entirety of which is incorporated by reference into this Contract. (B)Contractor shall provide any required payment bond,performance bond,or both,prior to commencement of performance under this Contract.The terms,conditions,and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C,and such content,the entirety of which,shall be incorporated into this Contract. 6.Purchase Release Order.For multiple-release purchases of Services provided by the Contractor over a period of time,the City will exercise its right to specify time,place and quantity of Services to be delivered in the following manner:the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division.The purchase release order shall refer to this Contract,and Services shall not be rendered until the Contractor receives the signed purchase release order. 7 Inspection and Acceptance.City may inspect all Services and products supplied before acceptance.Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City.If immediate correction or re- working at no charge cannot be made by the Contractor,a replacement service may be procured by the City on the open market and any costs incurred,including additional costs over the item’s bid/proposal price,shall be paid by the Contractor within thirty (30)days of receipt of City’s invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new,quality items that are free from defects,?t fortheir 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 willbe performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9.Quality/Quantity Adjustments.Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period.Substitutions and deviations from the City's product requirements or speci?cations are prohibited without the prior written approval of the Contract Administrator. 10.Non-Appropriation.The continuation of this Contract after the close of any ?scal year ofthe City,which ?scal year ends on September 30th annually,is subject to appropriations and budget approval speci?cally covering this Contract as an expenditure in said budget,and it is within the sole discretion of the City's City Council to determine whether or not to fund this Service Contract Standard Form Page 3 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 11. 12. 13. 14. 15. 16. 17. 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 identi?ed 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 certi?ed mail,postage prepaid,and is deemed received on the day hand-delivered or on the third day after postmark if sent by certi?ed mail.Notice must be sent as follows: IF TO CITY: City of Pearland Attn:Oscar Lara Title:Construction Manager Address:2016 Old Alvin Rd.Pearland,TX 77581 Phone:281-652-1854 IF TO CONTRACTOR: Name of Company: Progressive Commercial Aquatics Attn:Tim Warren Title:Director of Renovations Address:2510 Farrell Rd Houston,TX 77073 Phone:281-982-0212 Liability and Indemnity.ANY PROVISION OF ANY A'ITACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITYTO THE CITYFOR ACTUAL OR COMPENSATORY DAMAGES,LOSS,OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THATPROVIDES FOR CONTRACTUAL INDEMNITYBY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT.EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE,EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM,SUIT,OR JUDGMENT FOR DAMAGES,LOSS,OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF Service Contract Standard Form Page 4 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW.THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WH OISSUEDBYATHIRDPARTYFORACTSOROMISSIONSARISINGFROMTHI SCONTRACTTOBRINGINTHEOTHERPARTYTOTHISCONTRACTASATHIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 18.Dispute Resolution Procedures.The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract.If either party disputes any matter relating to this Contract,the parties agree to try in good faith,before bringing any legal action,to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties.The parties will each pay one-half of the mediator’s fees. 19.Attorney’s Fees.Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract,neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 20.Termination. (A)City Termination for Convenience.Under this paragraph,the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor.If the City terminates this Contract under this paragraph,the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B)Termination for Default.Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms.The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default.Ifthe party in default fails to cure the default as speci?ed in the notice,the party giving the notice of default may terminate this Contract by written notice to the other party,specifying the date of termination.Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law,including any damages or costs suffered by either party. 21.Owner’s Manual and Preventative Maintenance.Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract.Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the ?nal payment by the City. 22.Limitation of Liability.The City’s maximum liabilityunder this Contract is limited to the total amount of compensation listed in this Contract.In no event shall the City be liable for incidental,consequential or special damages. 23.Assignment.No assignment of this Contract by the Contractor,or of any right or interest contained herein,is effective unless the City Manager ?rst gives written consent to such assignment.The performance of this Contract by the Contractor is of the essence of this Contract,and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24.Severability.Each provision of this Contract is considered to be severable and,if,for any reason,any provision or part of this Contract is determined to be invalid and contrary to Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 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 con?icts or inconsistencies between this Contract, its attachments,and exhibits,such con?icts 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 "Certi?cate 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. H3.89.In accordance with Chapter 2270 of the Texas Government Code,the signatory executing this contract on behalf of company veri?es 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. V.Additional Contract Documents Attached and Incorporated by Reference: Attachment A:Scope of Work Attachment B:Bid/Pricing Schedule Attachment C:Insurance and Bond Requirements Attachment D:Warranty Requirements Service Contract Standard Form Page 6 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 Incorporated by Reference Only: Exhibit 1:RFB/RFP/Quote No.Peartand Nataton'um Quote with Breakdown (Buyboard Contract 701- 23) Exhibit 2:Contractor’s Bid/Proposal Response Service Contract Standard Form Page 7 of 7 Approved as to Legal Form 6.28.2021 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 ATTACHMENT A —SCOPE OF WORK Scope of services provided shall consist of Contractor will provide the City of Pearland services in accordance,with speci?cations of Quote Pea?and Nataton‘um Quote with Breakdown (Buyboard 701- 23). DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 ATTACHMENT B —BID/PRICING SCHEDULE Pearland Natatorium Inc uded in Sco e of work Chemical eed Systems Rep ace p aster in competition pool Heater replaceme t —(2)heate 5 UV C amber Replacements Bulk ead epair and resu facing Chemical Feed tems: Chem ca feed systems w be ep aced w t AccurTab and Acid-Rite systems w th ew cont 0 ersih Cost:$36,640.00 BuyBoard Contract #701’23 Not to exceed hourly abor ate for lnsta ation /Repair of eq ipment and products $175.00/hr Equ pment pr c ng reflects d contract 701-23 Competition Pool P aster Removal and Replacement: nc udes comp ete str p of ex sti g 15,750 Hz p aste and rep acement w th new Qua tz p aste Cost:$258,600.00 BuyBoard Contract 701-23 Maximum BuyBoard plaste str p cost =$7.75/Ft2 Maximum BuyBoard Quartz plaster rep acement =$9.75 /th Max mum BuyBoard Cost for plaster removal and replacement =$275,625.00 Heater Replacement: Remove and replace the existi g (3)swimmi g poo heaters. Cost:$75,165.00 Buyboa d Contract 701~23 Not to exceed ourly labo rate for lnstallat on /Repa r of equ pme and p oductsS 75.00/hr. Equipment p icing eflects BuyBoard contrac 701~23 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 OW Sys 640 UV Chamber Replacement: emove a d replace (3)UV cha e s w th newmbr Cost:$49,900.00 uy 03 d Co t act 701—23 at to ex eed oury labo rate for ns allat on Repa r fequ ment and products $175.0 h rqupenticngeflectsBuyoardcotrct701-23 0 Bulkhead Repair and Resurfacing Repa r and resurface existing fiberglass bu kheads. Cost $130,775.00 Buy oard Contract 701-23 at to exceed oury abo ate for ns 31at on jRepa oi equi me tand products $175.00]hrtirn Mechanical Room Renovation: Remove ex st ng vacuum 53 d f Iters and replace wt t adi onal f Itration systems.This nc des sta at on of new equ pme trequ red and re ai s to existing co dit o s.A so c udes complete d aw ngs of ew echa ica system. Cost $1,352,780.00 Buy oard C tract 701-23 No to exceed ourly abo rate for nsta at on /Repa r of equ ment and products $175.00/hr Equ pment c ng eflects Buy oard co tract 701-23 on pri Total Cost Breakd n under BuyBoard Contract #701— 23 536,.00 $258,600.00 $75,165.00 $49,900.00 $130,775.00 1,352,730.00 Total:$1,903,860.00 Chemical Feed tern: Competition Pool Plaster: Heater Rep acement: UV Chamber Replacement: B lkhead Re?nish: Mechanical System install: DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 'U ebids@gearlandtx.gov eblds@gearlandtx.gov ebids@gearlandtx.gcv. Complny: ATTACHMENT C —INSURANCE REQUIREMENTS C ty Of ear and Purchasing Department 3519 Liberty Drive 281.652.1775 Pearland,TX 77581 Contractor Insurance Requirements &Agreement Contractors performing work on City property or public right-of—wayfor the City of Pearland shall provide the City a certi?cate of insurance or a copy of their insurance policy(s)evidencing the coverages and coverage provisions identified herein.Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required.The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPEOF INSURANCE AMOUNTOF INSURANCE PROVISIONS 1 Workers'Compensation Statutory Limits For WC,CGL,and BAL,the City is Employers'Liability(WC)$1,000,000 per occurrence to be provided a WAIVER OF SUBROGATION. 2.Commercial General (Public)Personal Injury -$1,000,000 per -- Liability(CGL)to include coverage person;Property Damage -:?hgng?g?ir‘c?g?‘tpiclfifgd ago-for:$1,000,000 per occurrence;day notice of cancellation or materiala)Premises/Operations General Aggregate -$2,000,000 - b)Products/Completed change In coverage. Operat'ms wc,CGL and BAL,City shall bec)Independent Contractors d)Personal Injury e)Contractual Liability provided 30-day notice of cancellation or material change in coverage. 3 Business Auto Liability(BAL)to Combined Single Limit - include coverage for:$1,000,000 CGL will include a non-contributory a)Owned/Leased vehicles addendum. b)Non-owned vehicles c)Hired vehicles Ifthe contract involves a professional service,the contractor willalso be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to:Purchasing Department at .Questions regarding required insurance should be directed to City of Pearland Purchasing Department,at This form must be signed and returned with your bid/quotation.You are stating that you do have the required insurance and if selected to perform work for the City,will provide a certificate of insurance,and a copy of insurance policy with the above requirements to the City.A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland.I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. ProjectIBid # Signature and Printed Name: DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 ’l uACORDv COTWACY A :Shelle Thom sonMarsh8.McLennan A e £1.35;y p m525MallleCentrer.we Eur we rm 598407455 Chests laid MO63017 Airman;snelleythomgson©marshmmamm INSIllElllQ)AFFORDINBcove-was __ml:- NUMBER:2‘0240958 ins:mull ,,, m ":oucvsrrlmama» HUMME— i??lm-mm 553' omen COMBINED mm:um i is.1mm _ nurse"names For .mmll «all. IPTlDN City of Pearlarld is included an Additional lnsured(s)for General Llablllty,Automobile Llabilltyand Umbrella Liabili with resp erfoml Named lnsuled‘il required by written oanlractlaeraementorpermitand suhiactto the provisions and limitations the poll General Liability.Automobile Llabilllyand umbre Ia Llabllitycoverage is considered primary and nnn—contriblnary.ll require nlrecl.permit and subject In the provisions and limitations orthe pulley. A waiver ofsnbroualinnla granted for General Liability Automobile Liability.Worker‘s c mpensaliun and Um and il required by written contract.agreement or permit and subject lo the provisions an limitations of mepo CERTIFICATE OF LIABILITYINSURANCE ”ATE‘MM’DDW’ 1/11/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)I AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT:If the certi?cate holder is an ADDITIONAL INSUREDlthe policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED.subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certi?cate does not conferrights to the certi?cate holder in lieu of such endorsement(s). PRODUCER ngylklégééompany-St.Louis 314-594-2632 INSURERA:Amerisure Mutual Insurance Company 23396 “SURE”.,.INSURERB:Evanston Insurance Company 35378ProgressweCommerCIalAquatIcs.LLC . 2510 Farrell Rd INSURERc :Amensure Mutual Insurance Company 23396 Houston.TX 77073 INSURERD:Amerisure Insurance Company 19488 INSURER E:Continental Casualty Company 20443 INSURER F: COVERAGES CERTIFICATE REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES LIMITSSHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE msn wvn POLICY NUMBER LIMITs C X COMMERCIALGENERAL LIABILITY CPP212443740002 9/22/2023 9/22/2024 3 1.000000 X OCCUR s 1.000.000 X MED EXP (Any one person)3 10.000 PERSONAL 3 AW INJURY $1.000 000 POLICY X PRODUCTS-COMP/OP A66 5 2,000,000 AUTOMOBILELIABILITY CA21242530002 9/22/2023 9/22/2024 x ANYAUTO OWNED SCHEDULED AUTOSONLY AUTos HIRED NON-OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLALIAB X CU21243730002 9/22/2023 9/22/2024 EXCESS LIAB s 5.000.000 X WORKERS COMPENSATION wcz1243720001 9/22/2023 9/22/2024 >( AND EMPLOYERS'IJABILITY ANYPROPRIETOR/PARTNER/EXECUTIVEN 31.000.000OFFICER/MEMBEREXCLUDED?N IA (Mandatory in NH) If es,d under D SCR MMAENV003925 9/22/2023 9/22/2024 Agg.$3.000.000 7040274551 9/22/2023 9/22/2024 DESCRIPHONOF OPERATIONSI LOCA?ONS I VEHICLES (ACORD 101lAddltlonal Remarks Schedule,may be attached It more space is required) RE:Activity Pool Re-plaster ect to work p ed by the bywritten co agreement or o breIIa Liabilitycoverage where permitted by law d Iicy. CERTIFICATE HOLDER CANCELLATION SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of PearlandgigglaLrIIEIe-IIT;9;;31 AUTHORIZED REPRESENTA'ITVEEM ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD B E CLAIMS-MADE 5,000 GEN‘LAGGREGATELIMITAPPLIES PER: LOC OCCUR CLAIMS-MADE DED RETENTIONS 11 OF OPERATIONS below Professional/Pollution Liability Leased/Rented LANDMAQUAT EACH OCCURRENCE GENERALAGGREGATE $2,000,000 S $1,000,000 BODILY INJURY(Per person)s BODILYINJURY(Per accident)5 s 3 EACHOCCURRENCE s 5.000.000 AGGREGATE 3 PER OTH- STATUTF FR E L EACH ACCIDENT E L DISEASE -EA EMPLOYEE $1,000,000 E L DISEASE-POLICYLIMIT 51.000.000 LimiI$3,000,000 LimiI$600,000 DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 ATTACHMENT D —WARRANTY Services shall conform to the proposed speci?cations and all warranties as stated in the Unifor mCommercialCodeandbefreefromalldefectsinmaterial,workmanship and title. DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 note www.proaquatic.cnm twarrenQproaqu Progressive 0 Commercial Aquatics,Inc 0 Pearland Natatorium with Break Down Included in Scope of work: Chemical Feed Systems Replace plaster in competition pool Heater replacement —(2)heaters UV Chamber Replacements Bulkhead repair and resurfacing Mechanical room renovation . msn Chemical Feed Systems: Chemical feed systems will be replaced with Accu-Tab and Acid-Rite systems with new controllers. Cost:$36,640.00 BuyBoard Contract #701-23 Not to exceed hourly labor rate for Installation /Repair of equipment and products $175.00/hr. Equipment pricing reflects BuyBoard contract 701-23 Competition Pool Plaster Removal and Replacement: Includes complete strip of existing 15,750 th plaster and replacement with new Quartz plaster. Cost:$258,600.00 BuyBoard Contract 701-23 Maximum BuyBoard plaster strip cost =$7.75/th Maximum BuyBoard Quartz plaster replacement =$9.75 /th Maximum BuyBoard Cost for plaster removal and replacement =$275,625.00 Heater Replacement: Remove and replace the existing (3)swimming pool heaters Cost:$75,165.00 Buyboard Contract 701-23 Not to exceed hourly labor rate for Installation /Repair of equipment and products $175.00/hr Equipment pricing reflects BuyBoard contract 701-23 2510 Farrell Road,Houston TX 77073.(281)-982-0212 FAX (281)-443-1524 atic.com DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 I 'www.moaguaticumm twarrenQEroaqu Progresswe 0 Commercial Aquatics,Inc 0 UV Chamber Replacement: Remove and replace (3)UV chambers with new Cost:$49,900.00 Buyboard Contract 701-23 Not to exceed hourly labor rate for Installation /Repair of equipment and products $175.00/hr. Equipment pricing reflects BuyBoard contract 701-23 Bulkhead Repair and Resurfacing Repair and resurface existing fiberglass bulkheads Cost:$130,775.00 Buyboard Contract 701-23 Not to exceed hourly labor rate for Installation /Repair of equipment and products $175.00/hr. Mechanical Room Renovation: Remove existing vacuum sand filters and replace with traditional filtration systems.This includes installation of new equipment required and repairs to existing conditions.Also includes complete drawings of new mechanical system. Cost:$1,352,780.00 Buyboard Contract 701-23 Not to exceed hourly labor rate for Installation /Repair of equipment and products $175.00/hr Equipment pricing reflects BuyBoard contract 701—23 2510 Farrel Road,Houston TX 77073.(281)-982-0212 FAX (281)-443-1524 atic.com DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7 www.2roaguatic.cnm twarreLIQEroagu Progressive 0 Commercial Aquatics,Inc 0 Total Cost Breakdown under BuyBoard Contract #701—23 Chemical Feed System:$36,640.00 Competition Pool Plaster:$258,600.00 Heater Replacement:$75,165.00 UV Chamber Replacement:$49,900.00 Bulkhead Refinish:$130,775.00 Mechanical System Install:1,352,780.00 Total:$1,903,860.00 Thank you for the opportunity to provide the City of Pearland a proposal for the work to be completed at the Recreation Center.If there are any questions,please feel free to contact me. Tim Warren p/F? 2510 Farrell Road,Houston TX 77073.(281)-982-0212 FAX (281)-443-1524 atic.com DocuSign Envelope ID: DC4E1360-7E34-4DBD-961E-258F362931D7