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R2024-157 2024-08-26RESOLUTION NO. R2024-157 A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Texas Buyboard for the purchase of asphalt repair services, in the estimated amount of $2,993,592.81, from Pavecon for the period beginning August 26, 2024 through August 25, 2025. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing has been obtained through interlocal cooperative partner the Texas Buyboard for the purchase of asphalt repair services. Section 2. That the City Manager or his designee is hereby authorized to participate in an interlocal cooperative pricing arrangement with the Texas Buyboard for the purchase of asphalt and repair services, in the estimated amount of $2,993,592.81, from Pavecon. PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 25902D1F-763D-4DEE-B5B7-15FF5D0D96F7 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. #C0724-15 FOR 2024 Asphalt Road Reconstruction 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 II.Signatures III.Standard Contractual Provisions IV.Special Terms and Conditions V.Additional Contract Attachments I.Summary of Contract Terms. Contractor: Description of Services: Contract Amount: Effective Date: End Date: Renewals: Resolution No/Bid No: Pavecon Ltd Co 9900 Windfern Road Houston, Texas 77064 Contractor will provide City of Pearland asphalt repair services in accordance with specifications of Pavecon proposal and BuyBoard #700-23. $2,993,592.81 August 27, 2024 August 26, 2025 0 R2024-157, BuyBoard #700-23 II.Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: 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 15 July 24 Vice President Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 8/27/2024 | 4:08 PM CDT 8/27/2024 | 4:19 PM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III.Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal or Quote No. BuyBoard #700-23 and Pavecon proposal (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for (1) one year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, 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 $2,993,592.81, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Francesca Beltran Department: Engineering & Public Works Phone: 281.652.1946 Email: fbeltran@pearlandtx.gov 5.Insurance; Bonds. (A)Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Dante Prescod Title: ROW Superintendent Address: 2016 Old Alvin Road, Pearland TX 77581 Phone: 281.652.1907 IF TO CONTRACTOR: Pavecon Ltd Co Attn: Tristian Frerich Title: Project Manager Address: 9900 Windfern Road, Houston TX 77064 Phone: 281.571.8040 17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS 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 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 19. Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 20. Termination. (A) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the 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 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None. V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 7 Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. BuyBoard #700-23 and Pavecon proposal. Exhibit 2: Contractor’s Bid/Proposal Response Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 ATTACHMENT A – SCOPE OF WORK Scope of services provided shall consist of asphalt repair services in accordance with specifications of Pavecon proposal and BuyBoard #700-23. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 ATTACHMENT B – BID/PRICING SCHEDULE Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 ATTACHMENT C – INSURANCE REQUIREMENTS City of Pearland 3519 Liberty Drive Pearland, TX 77581 Purchasing Department 281.652.1775 ebids@pearlandtx.gov Contractor Insurance Requirements & Agreement Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $1,000,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. CGL and BAL, City to be listed as additional insured and provided 30- day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. CGL will include a non-contributory addendum. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. Certificate of Insurance forms may be emailed to: Purchasing Department at ebids@pearlandtx.gov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at ebids@pearlandtx.gov. This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: Signature and Printed Name: Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/1/2024 Acrisure Texas Risk Advisors &Insurance Services,LLC 5057 Keller Springs Rd.Suite 200 Addison TX 75001 Elvia Salazar 214-989-7100 210-696-8414 service@ib-tx.com Zurich American Insurance Company 16535 PAVELTD-01 Allied World National Assurance Company 10690PaveconLtd.Co. 9900 Windfern Road Houston TX 77064 Allied World Assurance Company (U.S.)Inc.19489 1744761310 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU 2,000,000 4,000,000 X X GLO 0187957-07 7/1/2024 7/1/2025 4,000,000 A 2,000,000 X X X BAP 0187958-07 7/1/2024 7/1/2025 B X 5,000,000 X 0313-9062 7/1/2024 7/1/2025 5,000,000 X 10,000 A X N WC 0187956-07 7/1/2024 7/1/2025 1,000,000 1,000,000 1,000,000 C Pollution Liability &Professional Retention $50,000 0312-4189 7/1/2024 7/1/2025 Per Incident Aggregate $1,000,000 $2,000,000 The General Liability and Auto policies include blanket additional insured endorsements (UGL2162-ACW 2/19,(ongoing and completed operations )CG2007 12/19 &UCA424HCW 10/21)as required in a written contract with the Named Insured.The General Liability,Auto &Work Comp policies include a blanket waiver of subrogation endorsement (UGL1345CTX 3/20,UCA424HCW 10/21 ,WC420304B 6/14 &WC000313 4/84)as required in a written contract with the Named Insured.Primary Noncontributory wording per attached endorsements (UGL1345CTX 03/20 &UCA424HCW 10/21).Cancellation provisions-see attached (U-GL-1521-B-CW 1/19,,UCA832BCW 3/23 WC990643).Umbrella is follow form of the General Liability,Auto and Work Compensation policies subject to policy terms and conditions. City of Pearland 3523 Liberty Dr Pearland TX 77581 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 ATTACHMENT D – WARRANTY Services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 PAVECON PROPOSAL PACKAGE Dante Prescod FY 2024 Road Reconstruction Pearland , TX Prepared for: City of Pearland Public Works Prepared By: Tristan Frerich Project Manager 9900 Windfern Rd Houston, TX 77064 361-876-3591 July 1, 2024 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 PROPOSAL & CONTRACT Houston Division City of Pearland Public Works 9900 Windfern Rd 3501 East Orange St.Houston, TX 77064 Pearland, TX Office 281-571-8040 Re: FY 2024 Road Reconstruction BUYBOARD Contract # 700-23 SOW Description Quantity Unit Unit Price Total Max Rd Cement Stabilization 91,875 SF 3.26$ 299,512.50$ Max Rd 2" TY D Asphalt Overlay 84,525 SF 2.33$ 196,943.25$ Hughes Ranch Cement Stabilization 11,546 SF 3.26$ 37,639.96$ Hughes Ranch 2" TY D Asphalt Overlay 10,542 SF 2.33$ 24,562.86$ Hughes Ranch 3" Mill and Overlay 26,460 SF 5.35$ 141,561.00$ Hawk Meadows Cement Stabilization 35,392 SF 3.26$ 115,377.92$ Hawk Meadows 2" TY D Asphalt Overlay 32,592 SF 2.33$ 75,939.36$ Brookney St 3" Mill and Overlay 26,040 SF 5.35$ 139,314.00$ Sharon Dr. 3" Mill and Overlay 42,210 SF 5.35$ 225,823.50$ W Walnut St Cement Stabilization 58,500 SF 3.26$ 190,710.00$ W Walnut St 2" TY D Asphalt Overlay 51,480 SF 2.33$ 119,948.40$ McLean Cement Stabilization 150,190 SF 3.26$ 489,619.40$ McLean 2" TY D Asphalt Overlay 139,570 SF 2.33$ 325,198.10$ Terrell Dr.3" Mill and Overlay 42,802 SF 5.35$ 228,990.70$ Sharondale St. Cement Stabilization 29,790 SF 3.26$ 97,115.40$ Sharondale St.2" TY D Asphalt Overlay 27,112 SF 2.33$ 63,170.96$ Old Max Ct 3" Mill and Overlay 19,130 SF 5.35$ 102,345.50$ Striping Thermoplastic Striping 119,820 LS 119,820.00$ 119,820.00$ 2,993,592.81$ PAVECON, Ltd. will furnish all labor, materials and equipment required for the performance of the following described work in connection with construction or improvements at: - Pearland , TX ACCEPTED:PAVECON, LTD. Tristan Frerich Project Manager Total Project Cost = July 1, 2024 Corporate Office P.O. Box 535457, Grand Prairie,TX 75053 • 3022 Roy Orr Blvd., Grand Prairie, TX 75050 Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 PROPOSAL & CONTRACT DESCRIPTION OF WORK: Asphalt Recycle with Cement Stabilization 3" Mill and Overlay Max/Reid Rd 23' wide - 3,675 LF - Striping Base Stabilization - 91,875 SF Asphalt Overlay - 84,525 SF Hughes Ranch (Stone to Hawk Meadows) - 502 LF - Striping Base Stabilization - 11,546 SF Asphalt Overlay - 10,542 SF Hughes Ranch (Hawk Meadows to Lee) - 1,260 LF - Striping 3" Mill and Overlay - 26,460 SF Hawk Meadows - 1,480 LF Base Stabilization - 35,392 SF Asphalt Overlay - 32,592 SF Brookney St - 1,240 LF 3" Mill and Overlay - 26,040 SF Sharon Dr - 2,010 LF 3" Mill and Overlay - 42,210 SF W Walnut St (22' Wide) - 2,340 LF - Striping Base Stabilization - 58,500 SF Asphalt Overlay - 51,480 SF McLean - 6,067 LF - Striping Base Stabilization - 150,190 SF Asphalt Overlay - 139,570 SF Mill (pulverize) existing asphalt pavement and base to a depth of 10 inches. Area to be stabilized will be 1' wider than asphalt surface on each side of road. Mix with a minimum of 53lbs/sy portland cement and water. Remove excess 2" stabilized material to return subgrade to pre-existing grades and compact base to a minimum thickness of 8 inches. Tack horizontal and vertical surfaces, at a rate of .1 GAL/ SY, with an asphaltic material for bonding and pave with Type ''D'' hot mix asphaltic concrete wearing course to achieve a compacted thickness of 2 inches. Asphalt paving width will match pre-exisiting road widths. Pavement section (profile) will be 8" of stabilized base, and 2" of surface course (Type D) asphalt (HMAC). Roads will be restriped and marked back to existing conditions. Mobilization of all equipment needed for asphalt mill, placement & compaction. Mill area to a depth of 3". Thouroughly clean and sweep pavement surface. An asphaltic tack coat will be applied at a rate of 0.1 Gal per SY. Provide, place, and compact 3" asphalt surface course returning road to pre-existing elevations. Roads will be restriped and marked back to existing conditions if needed. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 PROPOSAL & CONTRACT DESCRIPTION OF WORK: Asphalt Recycle with Cement Stabilization 3" Mill and Overlay Terrell Dr. - 1,955 LF 3" Mill and Overlay - 42,802 SF Sharondale St. - 1,235 LF Base Stabilization - 29,790 SF Asphalt Overlay - 27,112 SF Old Max Ct. - 830 LF 3" Mill and Overlay - 19,130 SF Mill (pulverize) existing asphalt pavement and base to a depth of 10 inches. Area to be stabilized will be 1' wider than asphalt surface on each side of road. Mix with a minimum of 53lbs/sy portland cement and water. Remove excess 2" stabilized material to return subgrade to pre-existing grades and compact base to a minimum thickness of 8 inches. Tack horizontal and vertical surfaces, at a rate of .1 GAL/ SY, with an asphaltic material for bonding and pave with Type ''D'' hot mix asphaltic concrete wearing course to achieve a compacted thickness of 2 inches. Asphalt paving width will match pre-exisiting road widths. Pavement section (profile) will be 8" of stabilized base, and 2" of surface course (Type D) asphalt (HMAC). Roads will be restriped and marked back to existing conditions. Mobilization of all equipment needed for asphalt mill, placement & compaction. Mill area to a depth of 3". Thouroughly clean and sweep pavement surface. An asphaltic tack coat will be applied at a rate of 0.1 Gal per SY. Provide, place, and compact 3" asphalt surface course returning road to pre-existing elevations. Roads will be restriped and marked back to existing conditions if needed. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 PROPOSAL & CONTRACT 7. PAVECON is not responsible for removing vehicles from repair areas. PAVECON will notify you in advance and you must make arrangements to have vehicles removed at your expense. 8. In the event all work under this contract is not completed in one operation, Company shall be paid in full for all items of work completed upon the completion thereof. Any work under this contract for which PAVECON has not received a “work order” calling for completion within one year from the date of this agreement will be subject to renegotiations of prices, or cancellation at PAVECON’s option. 9. Terms of Payment - Final and complete payment for all work performed herein shall be made within 30 days of invoice date. Interest at the rate of (18) percent per annum shall be charged you and paid by you on all unpaid balances from the due date to the date of receipt of payment by PAVECON. Reasonable attorney’s fees and cost of collection shall be charged you and paid by you, if incurred by PAVECON. TERMS AND CONDITIONS 1. PAVECON, Ltd., (PAVECON) will carry workmen’s compensation insurance covering its employees and shall provide public liability and property damage insurance. 2. Any changes from the specifications or modifications of the terms of this contract shall be set put in writing and signed by both parties. 3. This proposal expires 30 days from the date hereof but may be accepted at any later date at the sole option of the Company. 4. By accepting this proposal, Owner agrees to indemnify and to hold PAVECON, Ltd. harmless from all claims, including its reasonable attorneys’ fee incurred in defending any claim, resulting from damages to any utility line, irrigation line, private electrical, or sub structure not identified or clearly marked. Any damage to clearly marked utility lines, irrigation line, private electrical lines, or sub structures shall be the responsibility of PAVECON, Ltd. 5. Unless a lump sum price is to be paid for the foregoing work and is clearly so stated it is understood and agreed that the quantities referred to above are estimates only and that payment shall be made at the stated unit prices on the actual quantities of work performed by PAVECON as determined upon completion of the work. 6. PAVECON shall not be responsible for any damage to or deterioration of any of our work, whether completed or in process, resulting from any cause or causes beyond our control, but not limited to failure of subgrade, including soil volume changes, or failure of inadequacy of any labor or materials not furnished and installed by us, whether or not such failure or inadequacy was or could have been known at the time our work was undertaken. Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 PROPOSAL & CONTRACT INCLUSIONS: BUYBOARD Contract #700-23 Unit pricing prevails on all items unless otherwise noted. PAVECON, Ltd. guarantees this work for materials and workmanship for a period of 1-year from installation, excluding unusual abuse or neglect. Performance and Maintencance Bond Flaggers/Construction Signage/Barricades 811 Public Utility Locate EXCLUSIONS: Subgrade or Subbase remediation required in the repair area discovered during construction or through investigation by a proof-roll or any other construction activities. Taxes (Resale or Exempt must be provided). Permits and Testing. Utility relocation/adjustment, irrigation, or landscape repair. Back-fill walks, curbs, & islands. All work areas must be free of materials & equipment. Rock excavation and tree removal. Demo, sawing, haul off of spoils created by others. Reflective cracking, vegetation sterilization. Sleeves for Irrigation. Dewatering. Erosion Control or SWPPP. INCLUSIONS AND EXCLUSIONS Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Vendor Contract Information Summary Pavecon Ltd. Vendor Teny VargheseContact 2107903293Phone salesmanagers@pavecon.comEmail www.pavecon.comVendor Website 20-0153873TIN 3022 Roy Orr Blvd.Address Line 1 Grand PrairieVendor City 75050Vendor Zip TXVendor State USAVendor Country 10Delivery Days FOB DestinationFreight Terms Net 30Payment Terms Freight prepaid by vendor and added to invoiceShipping Terms Common CarrierShip Via NoDesignated Dealer YesEDGAR Received NoService-disabled Veteran Owned NoMinority Owned NoWomen Owned NoNational YesNo Foreign Terrorist Orgs YesNo Israel Boycott NoMWBE All Texas RegionsESCs Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, TexasStates Asphalt Products and Parking/Road Striping ServicesContract Name 700-23Contract No. 06/01/2023Effective 05/31/2026Expiration YesAccepts RFQs 612-20Quote Reference Number N/AReturn Policy 7/1/2024 10:50 AM Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 07/22/2024 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Pavecon LTD Co Houston, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland Asphalt Road Repair C0724-15 2024-1190407 07/23/2024 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Walker , David XGrand Prairie , TX United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V4.1.0.d378aba0www.ethics.state.tx.usForms provided by Texas Ethics Commission Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56