HomeMy WebLinkAboutR2024-175 2024-08-26Docusign Envelope ID: 25902D1 F-763D-4DEE-B5B7-15FF5D0D96F7
RESOLUTION NO. R2024-175
A Resolution of the City Council of the City of Pearland, Texas, authorizing
participation through an interlocal agreement with National IPA — OMNIA
Partners for the purchase and installation of a 15 -ton HVAC System for Fire
Station No. 5, in the amount of $89,735.00, from TD Industries.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That contract pricing has been obtained throws interlocal partner National IPA
— OMNIA Partners for HVAC purchase and installation services.
Section 2. That the purchase and installation of a 15 -ton HVAC System for Fire Station
No. 5, in the amount of $89,735.00, is hereby approved.
Section 3. That the City Manager or his designee is hereby authorized to execute an
agreement for the purchase and installation of a 15 -ton HVAC System for Fire Station No. 5.
PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2024.
,-DocuSigned by:
2 F50B&5°662,A4Th
J. KEVIN COLE
MAYOR
ATTEST:
,-DocuSigned by:
FV'ouct,s aSaV'
36EC22531FFr415.
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
"
APPROVED AS TO FORM:
DocuSigned by:
E,ARwriornKER
CITY ATTORNEY
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
SERVICE CONTRACT NO. # C0824-22
For Fire Station #5 Aaon Split System Replacement
THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home -
rule municipal corporation ("City") and TDlndustries, Inc. ("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:
II. Signatures
CATYgeFyPEARLAN D
TDI Industries, Inc.
9525 Derrington Road
Houston, TX 77064
Contractor will provide City of Pearland the replacement of the
Aaon split system at Fire Station #5, in accordance with
specifications of Bid/Quote/Coop Contract OMNIA #R200403.
$89,735.00
August 27, 2024
August 26, 2025
0
R2024- , OMNIA #R200403
CON
,iDd, (k ''A 8/27/2024 14:08 PM
4211631F4578R4115
CTOR
James Venegas
Purchasingg Officer Date Title:' Senior Vice President
DocuSigned by:
8/27/2024 14:19 PlgttitiT 08/15/2024
F838B12DC7A6A23
*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
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for
Service Contract Standard Form Page 1 of 7
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
Bid/Proposal or Quote No. OMNIA #R200403 ("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) one
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 $89,735.00,
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 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
Service Contract Standard Form Page 2 of 7
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
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
Service Contract Standard Form Page 3 of 7
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
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: Jack Enochs
Title: Facilities Services Manager
Address: 2016 Old Alvin Road, Pearland, TX 77581
Phone: 281.652.1914
IF TO CONTRACTOR:
TDlndustries, Inc.
Attn: Garrett Broussard
Title: Account Manager
Address: 9525 Derrington Road, Houston TX 77064
Phone: 713.939.1986
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 CONTRACTOR 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
Service Contract Standard Form Page 4 of 7
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
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
Service Contract Standard Form Page 5 of 7
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
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
Service Contract Standard Form Page 6 of 7
Approved as to Legal Form 6.28.2021
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
Incorporated by Reference Only:
Exhibit 1: RFB/RFP/Quote No. OMNIA #R200403
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: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
ATTACHMENT A - SCOPE OF WORK
Scope of services provided shall consist of the replacement of the Aaon split system at Fire Station #5
for the City of Pearland, in accordance with the specifications of Bid/quote/coop contract OMNIA
#R200403.
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
ATTACHMENT B — BID/PRICING SCHEDULE
Scope of Work:
i. Complete Pre -Task Safety Plan
2. Lock Out Tag Out electrical source
3. Recover and dispose of existing refrigerant
4. Disconnect Refrigerant piping
5. Remove and dispose of existing 15 Ton Aaon Condensing unit
6. Install new 15 Ton Aaon Condensing Unit
7. Demo and remove Aaon air handling unit
8. Install new Aaon air handling unit
9. Forklift will be used to move condensers
10. Flush and reuse Refrigerant piping and install filter driers
11. Evacuate system by way of vacuum to 500 microns
12. Charge system with new R -410A refrigerant
13. Start up and commission
14. Clean up all job -related debris
15. Work to be done on regular time. (M -F 7;00am-3:30pm)
16. BAS controls are excluded form this proposal
Notes:
This proposal does not include atter-hours labor
Additional repairs will be quoted separately
Stated price is valid for 14 days from date issued
Expected equipment lead time is 8-10 weeks
Total Price for Labor and Materials (Excluding Sales Tax) $89,735.00
Docusign Envelope ID: F6560ACF-2D63 49AW IA5
I mut- NImn' 1 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 ebidsApearlandtx.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
[ 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: TDIndustriesr, C.
Signature and PrintedName: jIV James Vene•as
Docusign Envelope ID: F65BOACF-2DB3-49A6-8A56-8E1BEA86BE56
AC L CERTIFICATE OF LIABILITY INSURANCE
DATEO1.,7. il:}DJYYYYI
O4.
THIS CERTIFICATE Is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortlflcale holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed,
CI SUBROGATION IS WAIVED, subject Co the terms and conditions of the policy, certain policies may require an endorsement. A stateroom'''. on
Ihie certificate does not confer rights to the certificate holder In lieu of such endorsemeni(s}.
PRODUCER
MARSH USA, LLC.
ic 41411 Cerr eti a Bank Torn3r
1717 Mein reel
Dallas, TX 7201-7357
Alin: deltas esrls@marahAom
1Fv1016' 7494-TDI-GAVA.I-24-25
_
CONTACT ived,ohFls4rl
,SAME;
PHONE -2411 FAX
No. Exp: .KC_,Imo=
]
ADDRESS= iL Kyialehason@rnarsh.com
iNSLIRERIS)AFFIADIIIIO.COVERAOL
NAIL IM
mum i A : Nalianal UItn Fire Fnsuranrs Co
19445
INSUHCLa
IOMnalflea, frt.
13954 Diplomat Drive
17 9, TX 75.2.a.1
INalifiriH:NellanalFIre&Marineissuance Co
211079
IMeUION 4: Now Flampshke Insurance Company
23&41
DOLMEN G : Slarr kndemnlly $ MAN Oamjgrvy
.._
36318
DIMMER E :
IMeUnER F :
COVE RAGES
CERTIFICATE NUMBER:
HOLF-00343
224
REVISION NUMBER: 5
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INE]FCATED. 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 SEEN REDUCED BY PAID CLAIMS.
lima
TYPE OFINSURANCE
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EACH OCCURRENCE
$ 7,043,044
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El,0I,SF-£. -POLICY L II?
$ 1, IAID
DESCRIPTION OF OPERATIONS rLoCATIONS f VEHICLES OWN. IN, Add4baneliRarrerae ecll.duh, meyIre allachel IImoremitt l's re wired'
RE: TDIndLsaies Service - Any and All Wank P5fiarrned by-MInduslriEs. Inc,
tily ofPearlendisAdddianallimed fir CameralLehi MIKI AJAR Llatilly, billgay Iotheea nIUIIIbIIesspeica1IyassumedenderG]nUact
lemis (excludes Waiboar`g C.AlirrIWASfilite and Employer's Llalditj'), axially as required by xrilLen centred. lil/aiM 41 aukmtgin in is podded II Iavpr of Cdy
ill Peallend for Galva! LIabilty, Aub LIe41MLy, BrnbreMa Liability a4A workers Oompencelan. bill nnly as required by wiiigni curdraci. Enriag. blbrrs feel
CERTIFICATE HOLDER
CANCELLATION
City 01 Penland
3519 Ikeda'. Dere
Yealland,TX77561
S HbuLO ANY OF THE ABOVE DESCR1FTEE) POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE LEL1VERELI IN
ACCORDANCE WITH THE POLICY PROVISIONS-
AUTHORIZED AEb NESENTATrVE
or Marsh USA LLC
ACORD 25 (MEW)
+~} 1998-2O16 ACORD CORPORATION. All rights reser~+od-
The ACORD name and logo are registered marks of ACORD
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
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, TH 78711
1-300-303-9202 or 512-483-8599
www.lIcense,state.tx.us
Texas State Board of Plumbing
P.C. Box 4200
Austin, TX 78765
0470
TDlndustries
Company:
City of Pearland
Building Name:
Fire Station tt5
Bill to
Address:
3519 Liberty Dr, Pearland, TX
77581
Building
Address:
3100 Kirby Peariand, Texas 77584
Contact:
Ray Clark
Job Name:
Replace Aaon Split System
Phone:
281-636-0796
Date:
8/2/24
Email;
rciark@pearlandtx.gov
Quote No:
TDlndustries, Inc, is very pleased to have the opportunity to provide pricing for the above referenced property.
Please find listed below the scope of work that will be performed.
Scope of Work:
1, Complete Pre -Task Safety Plan
2. Lock Out Tag Out electrical source
3. Recover and dispose of existing refrigerant
4. Disconnect Refrigerant piping
5. Remove and dispose of existing 15 Ton Aaon Condensing unit
6. Install new 15 Ton Aaon Condensing Unit
7. Demo and remove Aaon air handling unit
8. Install new Aaon air handling unit
9. Forklift will be used to move condensers
10. Flush and reuse Refrigerant piping and install filter driers
11. Evacuate system by way of vacuum to 500 microns
12. Charge system with new R -410A refrigerant
13. Start up and commission
14. Clean up all job -related debris
15. Work to be done on regular time. CM -F 7:00am-3:30pm)
16. BM controls are excluded form this proposal
Notes:
- This proposal does not include after-hours labor
Additional repairs will be quoted separately
Stated price is valid for 14 days from date issued
• Expected equipment lead time is 8-10 weeks
Total Price for Labor and Materials {Excluding Sales Tax} ------$89,735.130
• Net due upon receipt of invoice. Remit to P.O. Box 300008, Dallas, TX 75303-0008
Thank you very much for the opportunity to provide pricing for the work listed above. Please contact me at the
numbers listed below if you have any questions or need further information.
Page 1 of 4
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
0414,
101ndu tries
Respectfully submitted,
Bob Boyd
Estimator II
TOIridustries
Bob.boyd@TDIndustries:corn
C; 346-206-8168
Accepted by
Date
Page 2 of 4
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
Clarifications
•
0414,
101ndustries
Following our core value to "Fiercely Protect", our employees are empowered to stop work at any time where
they deem the safety of themselves or anyone else is in jeopardy. We will immediately seek to resolve any
concerns by engaging with our customer and safety department to elevate the issue which will allow work to
resume_
■ This proposal is based on performing work during normal working hours and at normal wage rates paid by
TDlndustries, Inc.
▪ Price is based on the assumption that the structure is of sufficient strength that all piping, duct and equipment
can be supported from it.
• Proposal is inclusive of all permits and inspections as required by local and state agencies_ Where work is
being performed under a General Contractor, we will validate under Contractors Building Code permit.
■ AR pricing is based on award of contract and work commence not later than 60 days from the date of this
proposal with pricing subject to review after 30 days from the date of proposal.
a TDIndustries, Inc. assumes no responsibility for existing services / conditions, their quality and/or performance.
■ Existing valves must close and hold.
■ TDlndustries, Inc. assumes no responsibility for condition of utilities or parking lots/roadways above or below
grade_
TDindustries disclaims any responsibility for incorrect data contained in the plan, specs and/or engineering
data.
Proposal is based on use of building elevators.
Exclusions:
Direct or indirect cost/availability impacts, if any. related fo the anticipated tariff on steel and aluminum.
■ Sheetrock or concrete cutting. removal or patching of any nature
• Cleaning or painting of existing grilles.
■ Ceiling removal or replacement.
* Electrical work,
■ Electrical temperature control, interlock and power wiring.
* Electrical disconnect
■ Electrical or power wiring. including conduit or junction boxes or disconnect switches and starter components.
■ Concrete work of any nature,
• Cutting or patching of drywall or block walls_
■ Cutting or patching of existing pavement for incoming services.
• Smoke dampers or smoke ventilation other than stair pressurization.
■ Insulation of existing un-insulated ductwork.
▪ Modifications of existing ductwork and piping due to conflict with new lighting fixtures or new
structural/architectural modifications.
• Repairs or modifications of existing mechanical equipment or systems.
■ Roof cutting and patching unless specified by owner
• Roofing work.
■ Cutting roof deck.
* Leveling roof curbs_
• Gas piping.
• Any pre-existing conditions (gas pressure, electrical, structural).
• Any hot water problems that exist outside the scope of the boiler room (mixing).
■ Additional work required to meet OSHA or ADA standards.
Any additional work not listed In the scope above will require written authorization by the customer before
TDlndustries, Inc, can proceed.
P3ge3of4
Docusign Envelope ID: F65BOACF-2DB3-49A6-8A56-8E1BEA86BE56
•
0414,
101ndu tries
LIMITED WARRANTY
1
2
EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRlES- TOIntlustries, N1c. shall use its best efforts to obtain
Prom each manufacturer, in accordance with the manulacturer's warranty (copses of which will be furnished upon request) or customary practice,
the repair or replacement of equipment, gouda, ar materiel that am defective in materiel ar workmanship. The foregoing shell constitute the
exclusive remedy of the customer and sale obligation of TDI ndustriae, In. THERE ARE NO WARRANTIES, ELTHER WRITTEN OR ORAL
'IMPLIED OR STATUTORY RELATING TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT
DESCFitHED1NTHISPAR GRAPH NO I.MPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE SMALL APPLY.
Workmanship - Repair lrretsYetion - TDlnduselea, Inc. warrant its workmanship ID be free from defects fora period of 12 -months from the date of
oompleil nor the above equipment goads, and rnatenal. Sewer and Drain Cleaning - Tpindustries., Inc, warrants Its workmenshrp for sewer end
drain cleaning fora period of 24 hours from the dale of completion Any foreign material retrieved from sewer or drain will discharge warranty and
Incur additional casts for dearino stoppage.
3
d
This proposal Is submitted for customer's cons: oration with the understanding that'll must be approved by IDInduhstries- Inc. after Its acceptance
by the customer and is not binding upon TDtnduairies, Inc- until so approved in writing.
Your acceptance Of MI6 proposal ps expressly Ilmueo to the terms of 1rus document. Any additional or different terms or conditions set forth In your
purchase order or to any similar such communication are hereby at:vetted to by TDIndustries, Inc: and shalt root be binding nor effective unless
assented to in writing by an authorized representative of TDInduELries, Inc. Any order or eny statement of intent to proceed wadi installation or any
d'aection to proceed with installation or acceptance of this proposal or payment in full or part for any of the work ar equipment furnished shed
constitute cusiemers assent to the terms and conditions of this proposal
1
2
3
d
THIS PROPOSAL IS EXPRESSLY CONDFTIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN.
INCLUDING THOSE CONTTA1NE1} IN ANY ATTACHMENT HERETO.
STANDARDTERMS AND CONDITIONS
THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND COh1DI-DONS CONTAINED OR REFERRED TO HEREIN,
INCLUDING THOSE CONTAINED PN ANY ATTACHMENT HERETO.
TDlnduslrres, Inc. liability/ or any Cairn for lass or damage araang out of ihei cailltact or from the performance or breach thereof or connected with
the supplying of any labor, equtpmenL, goods or rhaterial hereunder, or their saga, resale, operation or use, whether based on contract, warranty,
tool (including negligence) or other grounds. shall not exceed the price allowable to such labor, equipnent, goods or material, or part thereof
Involved MINI claim,
TDInduSbieS, the. Snail owl, under any orcumstanceas, be liable for try labor charges villhout the prior written consent or TDIncluistries, Inc
TDlndustraea, Inc. shall nod In any event, be liable, whether as a result of breach rc ntred_ warranty, tort (including negligence) or other
grounds- for special, consequential, incidental or pener damages including, but not limited to, loss of profits, revenues, loss of the product 43f any
asscciateo product, cost of capital, cost of substitute products, ffcllgLes or services, downtime costs or claims of the Custainer for such damages.
Fr TDtndustrles. Inc, furnishes Customer with advice or alter assistance which concerns labor, equipment, goods, or material Furnished
hereunder, 4r any systems or equipment in which. of such equipment, goods, or material may be irtSIaIl9[I, and which i4 not pursuant to this
contract, the rumishtng of such advice or assistance will net subject TD1ndudries, Inc. to any liability, whether based on contract, warranty, bort
(including negligence) or other grounds.
If TDlnda6Lries. Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the Sits- TDIrrduslries, Inc. will stop
work and report the condition to the owner or owners' representative. TDI ndustries- Inc. will not resume work in the affected area until the
asbestos, PCB's or other hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat.
Any installation datesdyer] in advance are estimated Ins1alia1on will tra subject to price orders w1h TDlndus(rles, Inc. Tbinduxtrlea, Inc, shall
not be liable far r ilura 10 perform or delay in performance hereunder resulting from fat, bborcfifficullies, delays in usual sources of supply, major
changes Ui economic corhdifions, or, without limitation by the foregoing, any cause beyond TDlndustries, Inc. reasonable control-
On arrival of any equipment, goads end materiel at the stepping address specified on the reverse aide hereof, Customer shall assume all risk or
loss or damage to such equipment, goods, or material.
5
5.The
In the event Customer requires TDIndusLries- Inc. L4 delay 611ipfrt6n! or completion or the work under this proposal, payment pursuant to this
proposal shall not be withheld ar delayed on such account. TDlndustrtes, Inc- shell have the right to darter arty portion of ilie equipment goods
or material to be furnished hereunder and to bill Customer therefore, end Customer agrees To pay for the same in accordance with terms or the
payment hereof upon notification that 94ic1i shipment Is ready for delivery, notwithstanding me fast that Customer may be unable to receive pr
provide suitable storage space for any such partial delivery. In such event, such portion of the equipment TDlndusiries, Inc may store goons or
material ready foe shipment al. Customers risk and expense.
amount of any peat present or future occupation, sales, use. Senricie, excise or other similar tax which TDlndlialries, IrIC. shah be gable for,
either on Ms own behvall or on behalf of Customer, or otherwise, wwh rasped to any equipmeoL, goods, material or service covered by 1his
proposal- shaft be In addition to he prices set forth herein and shall tae paid by Customer
7
5
9
If the equipment, goods or materiel furnished hereunder requires the use n(welar Or steam,. recirculated or otherwise- TDlndustries, Inc. Eheil not
be liable for me effect of its physical ar ohemicel properties upon Eaid equipment- goodE or material.
Adl skilled or common Labor which mast be furnished by the Customer shalt be considered and treated as Customer's own employees, and
Customer agrees CD fully protect and indemnify TDlndusiries, Inc- against all stains for accidence or injuries be such employees in the course of the
work, Of CO any person or persons through the negligence of such employees.
No oral representations am binding upon TDlndustries, Inc. unless reduced to writing arid Eigned by an authorized representative of Ti}Indusiries,
tnc. Aft cbergea to this contract must be In writing.
9525 Derrington Road, Houston TX 77064 — 713-939-1986, Fax #713-9J6-2457
license tr ArC TAC L-A50764A FtOU- Plumbing M-35508 - OU- Sanitary Sewer NrA
Revised 05-09-20043
Page 4 of 4
Docusign Envelope ID: F65B0ACF-2DB3-49A6-8A56-8E1BEA86BE56
REGIOV
April 26, 2024
Ms. Crystal Seiler
crystal. seiler@tdindustries.com
PST Manager
TDIndustries, Inc.
9525 Derrington Rd.
Houston, TX 77064
Re: Renewal Award of Contract #R200403
Dear Ms. Seiler:
Per official action taken by the Board of Directors of Region 4 Education Service Center on April
23, 2024, Region 4 ESC is pleased to announce that TDlndustries, Inc. has been awarded an annual
contract renewal for the following, based on the sealed proposal submitted to Region 4 on July
14, 2020, and subsequent performance thereafter:
Contract
HVAC Equipment, Installation, Services & Related Products
The contract will expire on September 30, 2025, completing the fifth year of a five-year term
contract. The contract is available through OMNIA Partners, Public Sector. Your designated
OMNIA Partners, Public Sector contact is Fred Flores, at (713) 554-0494 or
fred.flores@omniapartners.com.
The partnership between TDIndustries, Inc., Region 4 and OMNIA Partners, Public Sector can be
of great help to participating agencies. Please provide copies of this letter to your sales
representative(s) to assist in their daily course of business.
Sincerely,
,—DDDUSigned by:
4901reovrvie. ecli.0e4
�.g 3 nieraAter
or ann
Chief Financial Officer, Finance and Operations Services
Region 4 Education Service Center • 7145 West Tidwell Road • Houston, Texas 77092-2096
Phone: 713.462.7708 • Fax: 713.744.6514 • esc4.net
Rodney Watson, PhD, Executive Director