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Item 4I MemoCITY OF SOUTHLAKE Item 41 MEMORANDUM (October 5, 2021) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize expenditures with Waukesha -Pearce Industries, Inc. (WPI) for the purchase of generator equipment and for the preventative and corrective maintenance services of all City facilities back-up generators in an amount not to exceed $115,000. Action Requested: Authorize expenditures with Waukesha -Pearce Industries, Inc. (WPI) for the purchase of generator equipment and for the preventative and corrective maintenance services of all City facilities back-up generators in an amount not to exceed $115,000. Background Information: Southlake Public Works utilizes the services of a third party to conduct preventative and corrective maintenance to the facilities back-up generators. Services provided by WPI include annual generator preventative maintenance inspection to all City facilities, as well as repairs to ensure City facilities continue to operate during unforeseen power outages. In the FY 2022 adopted budget, City Council allocated funds for the replacement of the existing back-up generator at DPS West Station facility; estimated cost of this project is $75,000. The existing generator has been installed since 2000 and has been a maintenance and operational concern for several years, with expenses and repairs totaling over $30,000 from 2015 to date. In purchasing and installing a new back-up generator, the Public Safety services in the building will remain in operation during power outages. Financial Considerations: The City's purchasing policy for the purchase of generator equipment is met through a purchasing cooperative agreement through BuyBoard contract #597-19. BuyBoard is a purchasing cooperative of the Texas Association of School Boards (TASB). Each awarded vendor has met strict Competitive Bidding Process guidelines established by TASB administration. (Attachment A). Page 1 of 3 Item 41 For the preventative and corrective maintenance services, the City's purchasing policy are met through an ILA with the City of Plano. On September 15, 2020, the City of Plano awarded its contract #2020-0375-AC for generator maintenance to WPI; this contract is for a three-year service period (Attachment B). Below are the budgeted amounts for each FY 2022 project with WPI: WPI Projects Cost (est.) DPS West Station Back -Up Generator $ 75,000 Contingency $ 5,000 Annual PM Inspections —All Facilities $ 13,000 Various Preventative And Maintenance — As Need Basis $ 22,000 Total $ 115,000 Funding for the purchase of generator equipment and preventative and corrective maintenance services of all City facilities back-up generators are available in the FY 2022 Facility Maintenance Fund and the Facilities Operating Budgets. Expenditures will not exceed budgeted funds. Strategic Link: This item links to the City's Strategy Map strategic focus area of Safety & Security, Infrastructure, and Performance Management & Service Delivery. It specifically relates to the City's Corporate Objectives, Cl: Achieve The Highest Standards Of Safety & Security, B6: Optimize Use Of Technology, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcome is, CBO6: Invest To Maintain Strong Public Safety To Ensure A Low Crime Rate And Effective Emergency Response. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: The City Council may approve or deny the request. Page 2of3 Item 41 Staff Recommendation: Authorize expenditures with Waukesha -Pearce Industries, Inc. (WPI) for the purchase of generator equipment and for the preventative and corrective maintenance services of all City facilities back-up generators in an amount not to exceed $115,000. Supporting Documents: Attachment A: BuyBoard Contract #597-19 Attachment B: City of Plano Contract #2020-0375-AC Attachment C: DPS West Station Generator Install Staff Contact: Rob Cohen, Director of Public Works Jack Thompson, Deputy Director of Public Works — Operations Page 3of3 Attachment A Vendor Name Waukesha -Pearce Industries, LLC Contact Thomas Lawrence Phone Number 7135510433 Email thomas.lawrence@wpi.com Website www.wpi.com Federal ID 74-1892795 Accepts RFQs Yes Address Line 1 12320 South Main Vendor City Houston Vendor Zip 77035 Vendor State TX Vendor Country USA Delivery Days 60 Freight Terms FOB Destination Payment Terms Net 30 Days Shipping Terms Pre -paid and added to invoice Ship Via Common Carrier Is Designated Dealer No EDGAR Forms Received Yes Service -Disabled Veteran Owned No Minority Owned No Women Owned No Is National Yes No Excluded Foreign Terrorist Orgs Yes No Israel Boycott Certificate Yes Is MWBE No Regions Served All Texas Regions States Served All States Contract Name Construction, Road and Bridge, Ditching, Trenching, and Other Equipment Contract # 597-19 Effective Date 12/01/2019 Expiration Date 11/30/2022 Quote Reference Number 597-19 Additional Dealers Waukesha -Pearce Industries locations in: San Antonio, TX, Saginaw, TX 9/28/2021 12:20:22 PM Attachment B CONTRACT BY AND BETWEEN CITY OF PLANO, TEXAS AND WAUKESHA-PEARCE INDUSTRIES, LLC BID NO. 2020-0375-AC THIS CONTRACT is made and entered into by and between the CITY OF PLANO, TEXAS, a home -rule municipal corporation, hereinafter referred to as "City", and the WAUKESHA-PEARCE INDUSTRIES, LLC, a Texas limited liability company, whose address is 12320 S. Main Street, Houston, Texas 77035, hereinafter referred to as "Contractor". For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for Maintenance and Repair of Generac and Doosan Generators. These services shall be provided in accordance with RFB 2020-0375-AC, Addendum 2, a copy of which is attached hereto and incorporated herein as Exhibit "A", and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) RFB 2020-0375-AC, Addendum 2 (Exhibit "A"); (b) Contractor's Bid (Exhibit "B"); (c) Insurance Requirements (Exhibit "C"); and (d) Certification Form (Exhibit "D"). These documents make up the Contract Documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract Documents, the inconsistency or conflict shall be resolved by giving precedence first to this written agreement then to the Contract Documents in the order in which they are listed above. These documents shall be referred to collectively as the "Contract Documents." II. TERM OF CONTRACT The initial term of this Contract shall be a period of three (3) years commencing October 1, 2020 ("Initial Term"). This Contract shall automatically renew for one (1) three- year period ("Renewal Term") unless sooner terminated pursuant to Section XVII TERMINATION. CONTRACT PAGE1 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) Ill. WARRANTY Contractor warrants and covenants to City that all goods and services delivered to City by Contractor, Contractor's subcontractors, and agents under the Contract shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services set forth in this Contract and RFB 2020-0375-AC, Addendum 2, attached hereto and incorporated herein as Exhibit "A". Contractor warrants that the goods and services provided to City under this Contract shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. IV. PAYMENT Contractor shall invoice City for products and services delivered, on a unit cost basis, in accordance with Contractor's bid attached hereto and incorporated herein as Exhibit "B". Payments hereunder shall be made to Contractor following City's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the goods and services delivered. Total compensation awarded to Contractor under this Contract is estimated to be SIXTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND NO/100 DOLLARS ($67,839.00) per three-year term, as follows: (a) The total amount of inspection and preventive maintenance services throughout the Initial Term or Renewal Term is estimated to be THIRTY-FOUR THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($34,100.00). (b) The total amount for services provided due to unforeseen damage, necessary repairs, and recommended upgrades to the electronics resulting from the preventative maintenance services throughout the Initial Term or Renewal Term is estimated to be is THIRTY-THREE THOUSAND SEVEN HUNDRED THIRTY-NINE AND 00/100 DOLLARS ($33,739.00). Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Plano, which fiscal year ends on September 3011 of each year, shall be subject to Plano City Council approval. In the event that the Plano City Council does not approve the appropriation of funds for this Contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. CONTRACT PAGE2 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) V. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VII. INDEMNIFICATION and paragraph VIII. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VI. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at Contractor's own cost and expense. VII. INDEMNIFICATION CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB -SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, AND ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. THE CITY DOES NOT WAIVE ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. CONTRACTOR AT ITS OWN EXPENSE IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. CITY RESERVES THE RIGHT TO CONTRACT PAGE3 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS CONTRACT. CONTRACTOR SHALL RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS CONTRACT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN THE REQUIRED TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY THE CITY. VIII. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and SHALL INDEMNIFY AND SAVE HARMLESS CITY AGAINST ANY CLAIM RELATED TO OR ARISING FROM THE VIOLATION OF ANY SUCH LAWS, ORDINANCES AND REGULATIONS WHETHER BY CONTRACTOR, ITS EMPLOYEES, OFFICERS, AGENTS, SUBCONTRACTORS, OR REPRESENTATIVES. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. IX. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Collin County, Texas, and that exclusive venue shall lie in Collin County, Texas. X. ASSIGNMENT Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned without the prior written consent of City, and that no part or feature of the work will be assigned to anyone objectionable to City. Contractor further agrees that subcontracting any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. Failure to obtain City's written consent prior to assignment of this Contract as set forth herein, may result in termination of this Contract at the City's discretion, without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then -current term. CONTRACT PAGE 4 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) XI. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the Contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIII. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XIV. NO PROHIBITED INTEREST AND EQUAL RIGHTS COMPLIANCE Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. A. No Prohibited Interest By entering into this Contract, Contractor confirms that it has made a reasonable inquiry and, to the best of Contractor's knowledge, no person or officer of its company is employed by the City of Plano or is an elected or appointed official of the City of Plano within the restrictions of the Plano City Charter. Contractor is aware that Section 11.02 of the City Charter states: "No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, or rights or interest in any land, materials, supplies or service. The above provision CONTRACT PAGE5 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one (1) per cent of the corporation stock. Any violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the persons or corporation contracting with the city shall render the contract voidable by the city manager or the city council." B. Equal Rights Compliance Section 2-11(F) of the City Code of Ordinances reads as follows: "It shall be unlawful for an employer to discriminate against any person on the basis of race, color, sex, religion, age, national origin, genetic information, sexual orientation, gender identity, disability status or United States military/veteran status by the following actions or inactions: (a) for an employer to fail or refuse to hire, or to discharge, any person; (b) for an employer to discriminate against any person with respect to compensation, terms, conditions or privileges, of employment; (c) for an employer to limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee; (d) for an employment agency to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of a protected employment characteristic; (e) for an employment agency to classify or refer for employment any person, on the basis of a protected employment characteristic; (f) for a labor organization to exclude or expel from its membership, or to otherwise discriminate against, any person because of a protected employment characteristic; (g) for a labor organization to fail or refuse to refer for employment any person because of a protected employment characteristic; (h) for a labor organization to limit, segregate or classify its members or applicants for membership, in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; or (i) for a labor organization to cause or attempt to cause an employer to discriminate against a person in violation of this subsection; Q) for an employer, a labor organization or a joint labor-management committee, to discriminate against any person because of a protected employment characteristic in the admission to, or employment in, any program established to provide apprenticeship or other training; CONTRACT PAGE6 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) (k) for an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; (1) for an employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; or (m) for a joint labor-management committee to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic." 2. Contractor is aware that its company, its directors, officers and employees must comply with Section 2-11(F) of the City Code of Ordinances unless an exclusion applies. Further, Contractor understands that if Section 2-11(F) applies, Contractor is entitled to apply to the City Manager for a waiver based on a conflict with state or federal law. The Contract will not be executed prior to the waiver issue being resolved. Having made reasonable inquiry, Contractor affirms that its company, its directors, officers and employees agree to comply with Section 2-11(F); or Contractor's company is excluded from this Ordinance based on an exclusion identified in the City Code of Ordinances. XV. CERTIFICATION Contractor certifies that it does not and will not boycott Israel during the term of this Contract. Contractor has executed the Certification, attached and incorporated herein as Exhibit "D". XVI. WORK FORCE The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. The Contractor, its employees, subcontractors, and subcontractor's employees may not while in the course and scope of delivering goods or services under a City of Plano contract on the City's property; a. use or possess a firearm, including a handgun that is licensed under state law, except as required by the terms of the contract; who hold a license to carry a handgun or who otherwise lawfully possess a firearm and ammunition may CONTRACT PAGE7 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) keep such items in their locked personal vehicle while parked on City Property; or b. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and must not employ such worker again on Contract services without the City's prior written consent. XVII. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVIII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this Contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received unless otherwise indicated in writing by the City. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then -current term. Contractor shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Contract prior to termination. XIX. SURVIVAL Provisions of this Contract which by their nature should apply beyond their terms will remain in full force and effect after any termination or expiration of this Contract including, but not limited to, the following provisions: Compliance with Applicable Laws, Indemnification, Venue/Governing Law, and Survival, and any remedies for the breach thereof. CONTRACT PAGE8 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) XX. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XXI. MAILING OF NOTICES Unless instructed otherwise in writing, Contractor agrees that all notices or communications to City permitted or required under this Contract shall be addressed to City at the following address: City of Plano, Texas Fleet Services Division of Public Works Department Attn: Mike Ellis P.O. Box 860358 Plano, TX 75086-0358 City agrees that all notices or communications to Contractor permitted or required under this Contract shall be addressed to Contractor at the following address: Waukesha -Pearce Industries, LLC Attn: Amy Davis, Product Support Representative 12320 S. Main Street Houston, TX 77035 All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is posted by the sending party. XXII. REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES Each person signing this Contract represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Contract. Each party represents and warrants to the other that the execution and delivery of the Contract and the performance of such party's obligations hereunder have been duly authorized and that the Contract is a valid and legal agreement binding on such party and enforceable in accordance with its terms. XXIII. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. CONTRACT PAGE9 ZACONTRACTS\Service Agreements\Waukesha-Pearce Industries, LLC - 2020-0375-AC.docx (8/13/20 IF) XXIV. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties heretc, their successors, heirs, personal representatives and assigns. XXV. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXVI. EFFECTIVE DATE This Contract is effective from and after October 1, 2020, IN WITNESS WHEREOF, the parties have executed this Contract by signing below. Date: — / � -- Qete; September 15, 2020 APPROVED AS TO FORM: a&a0z.el- 6M�� for Paige Mims, CITY ATTO EY WAU HA-PEARCE INDUSTRIES, LLC CITY OF PLANO, TEXAS By. �. Mari D.Israelson CITY MANAGER CONTRACT PAGE10 Z:1CONTRACTS1Gervice Ag reem ents%Wau kesha- Pearce Industries, LLC - 2020.0375-AC.docx (W13120 IF) CITY OF PLANO GENERAL TERMS AND CONDITIONS 1. CITY OF PLANO GENERAL TERMS AND CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCTS OR SERVICES BY THE CITY OF PLANO (CITY). TAKING EXCEPTION TO THESE TERMS AND CONDITIONS MAY DEEM A RESPONSE AS NON -RESPONSIVE. 2. BID NOTIFICATION: City of Plano utilizes the following procedures for notification of bid opportunities: www.planotx.ionwave.net and the Dallas Morning News: www.dallasnews.com. These are the only forms of notification authorized by the City. City of Plano shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. 3. ELECTRONIC BIDS: the City of Plano uses lonwave to distribute and receive bids and proposals. Refer to www.planotx.ionwave.net for information. 4. REQUIRED INFORMATION: City of Plano bid/proposal packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non -responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendor's responsibility. 5. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: a prospective bidder must affirmatively demonstrate their responsibility. The City of Plano may request representation and other information sufficient to determine bidder's ability to meet these minimum standards including but not limited to: A. Have adequate financial resources, or the ability to obtain such resources as required; B. Be able to comply with the required or proposed delivery schedule; C. Have satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; E. Otherwise qualified and eligible to receive an award. Failure to provide the requested information within 72 hours may result in a vendor being deemed non -responsive. 6. CORRESPONDENCE: the number of this bid packet must appear on all correspondence, or inquiries, pertaining to this quotation. 7. PREPARATION COST: the City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any bid, quotation, or proposal. 8. NOTICE OF PUBLIC DOCUMENTS: any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 9. TEXAS PUBLIC INFORMATION ACT: For an expenditure of at least $1 million in public funds for the purchase of goods or services by the City unless excepted by law, "The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid/contract (whichever is applicable) and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter." 10. ADDENDA: any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Plano Procurement Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non -responsive. 11. REVISED BIDS: the bid that is submitted last will supersede any previous versions. 12. NONRESIDENT BIDDERS: Pursuant to Texas government code, chapter 2252, subchapter A: A bidder whose principal place of business, ultimate parent company or majority owner's principal place of business is not in Texas, is considered a nonresident bidder. A nonresident bidder must underbid the lowest responsible resident bidder by an amount that is equal to, or less than, the amount by which a Texas resident would be required to underbid in the nonresident bidder's state. This provision does not apply to a contract involving federal funds. Page 1 of 9 PPM Rev.5.1.20 CITY OF PLANO GENERAL TERMS AND CONDITIONS 13. INSURANCE: the City requires vendor(s) to carry the minimum insurance as required by state laws, and insurance requirements outlined in the bid/proposal documents. 14. NO PROHIBITED INTEREST/COMPLIANCE WITH EQUAL RIGHTS ORDINANCE: Bidder acknowledges and represents that they are aware of the laws, City Charter, and City Code of Conduct regarding conflicts of interest. The City Charter states that "no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service.....". Bidder agrees to comply with Section 2-11(F) of the City Code of Ordinances, which reads as follows: "It shall be unlawful for an employer to discriminate against any person on the basis of race, color, sex, religion, age, national origin, genetic information, sexual orientation, gender identity, disability status or United States military/veteran status by the following actions or inactions: (a) for an employer to fail or refuse to hire, or to discharge, any person; (b) for an employer to discriminate against any person with respect to compensation, terms, conditions or privileges, of employment; (c) for an employer to limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee; (d) for an employment agency to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of a protected employment characteristic; (e) for an employment agency to classify or refer for employment any person, on the basis of a protected employment characteristic; (f) for a labor organization to exclude or expel from its membership, or to otherwise discriminate against, any person because of a protected employment characteristic; (g) for a labor organization to fail or refuse to refer for employment any person because of a protected employment characteristic; (h) for a labor organization to limit, segregate or classify its members or applicants for membership, in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; or (i) for a labor organization to cause or attempt to cause an employer to discriminate against a person in violation of this subsection; (j) for an employer, a labor organization or a joint labor-management committee, to discriminate against any person because of a protected employment characteristic in the admission to, or employment in, any program established to provide apprenticeship or other training; (k) for an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; (1) for an employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; or (m) for a joint labor-management committee to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic." I am aware that my company, its directors, officers and employees must comply with Section 2-11(F) of the City Code of Ordinances unless an exclusion applies, as indicated below. Further, I understand that if Section 2-11(F) applies, I am entitled to apply to the City Manager for a waiver from signing this section of the affidavit based on a conflict with state or federal law. The contract will not be executed prior to the waiver issue being resolved. Having made reasonable inquiry, I affirm that my company, its directors, officers and employees agree to comply with Section 2-11(F); or my company is excluded from this Ordinance because it is: 1) a religious organization; 2) a political organization; 3) an educational institution; 4) a branch or division of the United States government or any of its departments or agencies; 5) a branch or division of the State of Texas or any of its departments, agencies or political subdivisions; 6) a private club that is restricted to members of the club and guests and not open to the general public; 7) not an "employer" under Section 2-11(F) because it has not had 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Page 2 of 9 PPM Rev.5.1.20 CITY OF PLANO GENERAL TERMS AND CONDITIONS 15. SILENCE OF SPECIFICATION: the apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 16. SAMPLES: any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required, shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. 17. TESTING: testing may be performed at the request of the City or any participating entity, by an agent so designated, without expense to the City. 18. TAXES: the City of Plano is exempt from federal manufacturer's excise and state sales and use tax. Tax must not be included in bid. Tax exemption certificates will be executed by the City and furnished upon request. 19. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. 20. ERROR -QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. 21. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: A. That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. B. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. C. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. D. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. 22. PACKAGING: unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. 23. F.O.B./DAMAGE: quotations shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Plano assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. 24. DELIVERY PROMISE — PENALTIES: quotations must show the number of calendar days required to place the materials in the possession of the City. Do not quote shipping dates. When delivery delay can be foreseen, the bidder shall give prior notice to the purchasing division, who shall have the right to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the purchasing division to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting bidder. 25. DELIVERY TIMES & INSTALLATION: Deliveries will be acceptable only during normal working hours at the designated location. Regarding installation services, the Contractor shall be responsible to remove from City property and dispose of all waste and packaging material in a lawful manner. 26. PAYMENT TERMS: payment terms are pursuant to the Texas Prompt Payment Act unless otherwise specified by the City. Upon receipt of a properly executed invoice from the vendor, payment will be processed for items or services delivered. Page 3 of 9 PPM Rev.5.1.20 CITY OF PLANO GENERAL CONTRACTUAL INSURANCE REQUIREMENTS Vendors/Contractors performing work on City property for the City of Plano shall provide the City a certificate of insurance evidencing the coverage's and coverage provisions identified herein. Vendors/Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of insurance as required herein or that the subcontractors are included under the vendors/contractor's policy. The City, at its discretion, may require a certified copy of the policies, including all relevant endorsements. Listed on the following pages are the types and amounts of insurance required. General Requirements Applicable to All Insurance 1. The vendor/contractor shall obtain and maintain the minimum insurance coverage set forth in this section during the entire contract period. 2. The vendor/contractor agrees that the insurance requirements specified herein do not reduce the liability vendor/contractor has assumed in any indemnification/hold harmless section of the contract. 3. Coverage shall be on a primary basis and non-contributory with any other insurance coverage and/or self-insurance carried by City. 4. Vendor/contractor is responsible for providing the City a minimum of 30 days' notice of a material change or voluntary cancellation of insurance coverage required under this contract and notice within 10 days of any notice of termination no matter the cause. 5. Where indicated as required, "The City of Plano, the City Council and its members, the City's agents, officers, directors, and employees shall be included as an additional insured under all insurance coverage required." (This statement must be in the Description of Operations/Locations/Vehicles Section of the ACORD 25 Form). 6. Endorsements for certain coverages may be required, see the following pages for coverages requiring endorsements. Evidence of Insurance Required Prior to commencement of work, and thereafter upon renewal or replacement of coverage required by this contract, vendor/contractor shall furnish City a Certificate(s) of Insurance (COI) on a form approved by the Texas Department of Insurance and signed by an authorized representative of each insurer. The COI shall contain the following information and accompany required endorsements as identified (see #3, #5 and #6): • List each insurer's NAIC Number or FEIN • State the following in the Certificate Holder Section: City of Plano Risk Management Division 1520 K Avenue, Suite 117 Plano, TX 75074 PPM Revised 01.27.2020 a, u C f0 a-+ L Q O O O O O O L O O O "0 fcc6 Iccl3 fcc6 fcc6 cc@ fcc6 f6 (ccO fcc6 fccs E c G G G G G G G G G G L L O O O O O O O O O O O O O O O O O O C C G G C C C G G C C G G C C G G G L O L O L O O O N O O O O O O N O O O-O- � 0 0 O O O O O C O O O O N O O O O N O a) 0 0 + O O O O + O + N a � a v v U U C C (6 c6 t L a1 a1 N a! ? > O O O- M- E E a) v 06 � 06 h � L O L O aJ U U Q1 a1 L L O a a O L v � '0 O -O O -0 V y U V "6 bA a) by N Y VI m V1 N M J U_ E U E v L c c 0 O + J O O E O :ro c v + v Z u E E J o '+•, O N u E E 'C U vi a) vi a) O O a) +' O N v p 3 5 E 06 cO D E 06 L E C G U O O-0 m —_ M -p (j -0 O = E �+ O �_ m L U L- O aJ+..� O O -6 V -p C a� U'y4. a� U p L O -6 ' V C J O p L � -6 .a C -O -p O C C QJ O L C -p -6 m C QJ O L f6 2 Y ca C C v Y C p U M O N v +� O_ by p U m p N— ate+ N bD p U m C L N U v O U L �"� > LJ E v Q to U � � U 0 Cc: bz U •� VI Q u Yi O Q cC cCZ v -Q., ZZO 2 c co aJ Q1 bA O O C Uz O 4 OO Z O CE N L ,L Q0-6 LC V W U O U 4J C N E E >O n3 O H O E bbn N 2-a-5 ns O O E n3 O U Q aL a Q m= m Q a a Q Q a a Q m= m w _j a a Q is L a% V 1 a! C u C ++ m ca '^ a! ++ _ O. C E 0 C� G � J OD i L Y > ++ C o 0 Q C7 ,ac izo o° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/29/2020 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 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). PRODUCER �EA, E Marsh USA Inc. NE 2929 Allen Parkway, Suite 2500 N� Houston, TX 77019 L CN 1 02399549-std-GAWU-20-21 INSURER A: Hartford Fire Insurance Company 19682 INSURED INSURER B : Hartford Casualty Insurance Company 29424 Waukesha -Pearce Industries, LLC 12320 South Main St. INSURER C : Lexington Insurance Company 19437 Houston, TX 77035 iucoco n COVERAGES CERTIFICATE NUMBER: HOU-003606336-09 REVISION NUMBER: 4 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. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER MM/DDPOLICY EFF POLICYM//DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX] OCCUR 61 CSF WQ0144 04/01/2020 04/01/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO REITEI PREMISESEa occu ence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X PRO POLICY ❑ JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X1ANY LIABILITY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 61CSFWQ0145 04/01/2020 04/01/2021 COEaMB ccidentd.m) NGLE LIMIT a $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 023627191 04/01/2020 04/01/2021 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 61WVWQ0146 04/01/2020 04/01/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Plano, the City Council and its members, the City's agents, officers, directors, and employees are included as additional insured (except workers' compensation) where required by written contract. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Plano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1520 K Avenue, Suite 117 ACCORDANCE WITH THE POLICY PROVISIONS. Plano, TX 75074 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102399549 LOC #: Houston ACORO� ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY Marsh USA Inc. NAMEDINSURED Waukesha -Pearce Industries, LLC 12320 South Main St. Houston, TX 77035 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance All policies shown above (except Workers Compensation) include a blanket automatic additional insured endorsement (per forms attached) that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. All policies include a blanket automatic waiver of subrogation endorsement (per forms attached) that provides this feature only when there is a written contract between the named insured and the certificate holder that requires such status. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.Primary and Non -Contributory Wording As Respects General Liability Policy Reference Form Number HG 00 01 06/05 Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Umbrella Additional Insured Wording Umbrella Liability - Lexington Insurance Company Per Lexington - Form LX9799 (10/05) Section V - Definitions J. "Insured" means: 1. The "Named Insured" 2. Except for liability arising out of the ownership, maintenance, or use of "covered autos", a. If you are designated in the Declarations as: (1) An individual, you and your spouse are "Insureds", but only with respect to the conduct of a business of which you are the sole owner; (2) A partnership orjoint venture, you are an "Insured". Your members and your partners, and their spouses are also "Insureds", but only with respect to the conduct of your business; (3) A limited liability company, you are an "Insured". Your members are also "Insureds", but only with respect to the conduct of your business. Your managers are "Insureds", but only with respect to their duties as your managers; (4) An organization other than a partnership, joint venture or limited liability company, you are an "Insured". Your "executive officers" and directors are "Insureds", but only with respect to their duties as your officers or directors. Your stockholders are also "Insureds", but only with respect to their liability as stockholders; (5) A trust, you are an "Insured". Your trustees are also "Insureds", but only with respect to their duties as trustees; b. Your "volunteer workers" only while performing duties related to the conduct of your business. Your "employees" other than your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102399549 LOC #: Houston ACORO� ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY Marsh USA Inc. NAMEDINSURED Waukesha -Pearce Industries, LLC 12320 South Main St. Houston, TX 77035 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer workers" while performing duties related to the conduct of your business; or any claim or "suit" brought by or on behalf of the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of such "bodily injury" or 'personal and advertising injury', or; (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(1) above. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). c. Any person (other than your "employee" or "volunteer worker") or organization while acting as your real estate manager; d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy; e. Any person or organization, other than the "Named Insured", included as an additional "Insured" under "scheduled underlying insurance", but not for broader coverage than would be afforded by such "scheduled underlying insurance". 3. Only with respect to liability arising out of the ownership, maintenance, or use of "covered autos": a. You are an "Insured"; b. Anyone else while using with your permission a "covered auto" you own, hire, or borrow is also an "Insured" except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semi -trailer connected to a "covered auto" you own; (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household; (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours; (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto"; (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household; (6) "Employees" with respect to "bodily injury" to any fellow "employee" of the "Insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; c. Anyone liable for the conduct of an "Insured" described above is also an "Insured", but only to the extent of that liability. 4. Notwithstanding any of the above: a. No person or organization is an "Insured" with respect to the conduct of any current, past or newly formed partnership, joint venture or limited liability company that is not designated as a "Named Insured" in Item 1 of the Declarations; and b. No person or organization is an "Insured" under this policy who is not an "Insured" under "scheduled underlying insurance". ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy #61 CSFWQ0145 Waukesha Pearce Industries, LLC Hartford — Auto: HA9916 03/12 (Additional Insured Wording) D. Additional Insured if Required by Contract (1) Paragraph A.I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - OF SECTION IV -BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. POLICY NUMBER: 61CSFVVQ0144 n AW THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION III This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Designated Project(s) Or Location(s) Of Covered Operations: Any person or organization whom you are All operations of the insured required to add as an additional insured on this policy Linder written contract or agreement Information required to complete this Schedule if not shown above will be shown in the Declarations. A. With respect to those person(s) or organization(s) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section II — Who Is An Insured is replaced with the following: f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e., but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; (2) In connection with your premises owned by or rented to you and shown in the Schedule; or Form HS 24 82 07 13 (3) In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products - completed operations hazard", but only if: (a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (b) This Coverage Part provides coverage for "bodily injury" or '.property damage" included within the "products -completed operations hazard". The insurance afforded to the additional insured shown in the Schedule applies: (1) Only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed: (a) During the policy period; and (b) Subsequent to the execution of such written contract or written agreement; and © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) Page 1 of 2 (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the schedule are described in the Limits Of Insurance section_ How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV — Commercial General Liability Conditions is replaced with the following_ This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. if other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 82 07 13 CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2270:001 By signing below, Company hereby certifies the following: I. Company does not boycott Israel; and 2 Company will not boycott Israel during the term of the contract. Company Name: SIGNED -BY: Print Name & Title: Date Signed: The following definitions apply to this state statute: .•_,cffY2rr (I) 'Boycott Israel" means refusing to deal with, tenuinating business activities with, or otherwise taking any action that is intended to penalize, inflict economic hann on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purp,oses; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, includEng a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of$100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Attachment C Waukesha -Pearce Industries 850 East Industrial, Saginaw, TX 76131 POWERED 13Y SOLUTIONS Date: Thursday, September 23, 2021 Company: City of Southlake Attention: Kurt Ackerman Phone: 214-577-7823 Reference: Generator Replacement for DPS West Pricing per Buy Board Contract 597-19 and City of Plano's bid #2020-0375-AC Thank you for considering WPI for your Power Generation needs. We are pleased to offer the following bill of material based on your recent request and the above referenced project. Generac 175KW Diesel Generator with Installation $62,200.00 Your cost is $62,200.00 dollars, plus any required taxes. Quantity 1 - Generac Industrial diesel engine -driven generator set with turbocharged/aftercooled 6-cylinder 6.7L engine, consisting of the following features and accessories: • Stationary Emergency -Standby rated • 175 kW Rating, wired for 120/208 VAC three phase, 60 Hz • Permanent Magnet Excitation • Standard Weather Protective Enclosure, Steel o Industrial Grey Baked -On Powder Coat Finish • U L2200 • EPA Certified • H-100 Control Panel o Meets NFPA 99 and 110 requirements o Temp Range -40 to 70 degrees C o Digital Microprocessor: ■ Two 4-line x 20 displays, full system status ■ 3 Phase sensing, +/-0.25% digital voltage regulation ■ RS232, RS485 and Canbus remote ports ■ Waterproof connections ■ All engine sensors are 4-20ma for minimal interference ■ Programmable 1/0 ■ Built-in PLC for special applications o Engine function monitoring and control: Page 1 of 6 POWERED BY SOLUTIONS Rev.05/28/2018 POWERED BY SOLUTIONS Waukesha -Pearce Industries 850 East Industrial, Saginaw, TX 76131 Phone: 214-577-7823 ■ Full range standby operation; programmable auto crank, Emergency Stop, Auto -Off -Manual switch ■ Isochronous Governor, +/-0.25% frequency regulation ■ Full system status on all AC output and engine function parameters ■ Service reminders, trending, fault history (alarm log) ■ 12T function for full generator protection ■ Selectable low -speed exercise o HTS transfer switch function monitoring and control 0 2-wire start controls for any 2-wire transfer switch • 21 Light Annunciator - Surface • 110 AH, 925 CCA Group 31 Batteries, dual -paralleled, with rack, installed • Standard MLCB, 80% rated thermal -magnetic o 700 Amp • Battery Charger, 10 Amp, NFPA 110 compliant, installed • Coolant Heater, 150OW • 24" 322 Gallon Double -Wall UL142 Basetank o Mechanical fuel level indicator gauge o Electronic fuel level sender o Emergency Vent • 3 Owner's Manuals • 120V GFCI and 240V Outlet • Standard 2-Year Limited Warranty • SDO175GG176.7D18HPYY3 Quantity 1 — WPI Standard Factory Start -Up & Warranty Registration FOB Shipping Point Scope of Work for Installation: • Provide electrical permit as required by local AHJ • Safe off and disconnect electrical for existing 180kW Generator • Defuel existing 180kW Generator • Remove existing 180kW Generator from concrete pad • Offload and Install (1) new WPI provided Generac 175kW diesel generator on existing concrete pad • Reconnect and terminate main electrical feeders for new WPI provided 175kW diesel generator using existing wire and conduit • Reconnect and terminate all Low Voltage and Communication Wires • Secure generator to existing pad per manufacturers recommendations • Refuel new 175kW Generac diesel generator not to exceed 200 gallons Page 2 of 6 POWERED BY SOLUTIONS Rev.05/28/2018 POWERED BY SOLUTIONS Waukesha -Pearce Industries 850 East Industrial, Saginaw, TX 76131 Phone: 214-577-7823 • Coordination of startup/commissioning of equipment Project Specific Clarifications: • New utility feeders cut -over is priced using normal hour rates • This proposal is based on verbal specifications provided by customer • Assume unrestricted access to construction area during normal working hours • Any Factory witness test expenses by others • Offering manufacturers standard materials of construction. • Offering manufacturers' standard field testing, Startup & Warranty Registration unless specifically noted above only • Quotation is limited to the quantity and description listed above Exclusions: • Performance bonds any associated fees • Third party testing • Any deviations not outlined per customer provided construction drawings • Quotation is limited to the quantity and description listed above Standard Clarifications: • Sales Tax is NOT Included. • Startup/commissioning must be done within 1 year of factory shipment. • Responsibility of freight claims to be done by others. • Jobsite Offloading/Setting is to be done by others. • Installation & External Wiring is to be done by others. • Assumes that all work will be done during Normal Business Hours (M-F 8-5) • Manufacturers' standard literature available upon request. • This quotation is subject to WPI Terms & Conditions. • Quotation is valid for 30 days. • Current lead time is 14 to 16 weeks after approval to order Taxable customers are subject to 1.5% Diesel Surcharge Tax on diesel units 50 HP and up. Page 3 of 6 POWERED BY SOLUTIONS Rev.05/28/2018 POWERED BY SOLUTIONS Waukesha -Pearce Industries 850 East Industrial, Saginaw, TX 76131 Phone: 214-577-7823 Please contact your representative to learn more about our Optional Remote Monitoring Systems, Preventative Maintenance Agreements, Fuel Maintenance Services, Annual Load Testing, Multi -Purpose Docking Stations and other Power Generation Needs. Best Regards, Allen Mitchell Sales Representative Power Generation Products Waukesha -Pearce Industries Cell: 214-577-7823 Email: allen.mitchell@wpi.com Page 4 of 6 POWERED BY SOLUTIONS Rev.05/28/2018 Waukesha -Pearce Industries, Inc. (WPI) Standard Terms and Conditions of Sale 1. Acceptance All quotations offered by WPI are subject to acceptance within thirty (30) days from the quoted date. 2. Payment Terms Subject to WPI Credit Department approval, WPI's payment terms are Net-30 Days from date of invoice. WPI does NOT allow for the buyer to withhold "Retainage" from final payment. In the event that WPI requires progress payments the following milestone achievements are: 50% upon submittal approval and release of order to the factory 50% upon completion of equipment, shipment from the factory and prior to delivery to customer site 3. Cancellation or Termination The Buyer, only upon payment of reasonable cancellation charges related to expenses already incurred and/or commitments made by WPI, may cancel any order placed with WPI. Cancellation charges for Generac Power Systems equipment purchases are subject to the following charges: • 8+ weeks prior to ship date................25% • 6-8 weeks prior to ship date...............40% • 4-6 weeks prior to ship date...............50% • 2-4 weeks prior to ship date...............75% • At scheduled ship date......................100% Product purchased with special engineering requirements or discontinued engines are subject to 100% cancellation charge. 4. Change Orders No alterations in specifications, either for total quantity, delivery, mechanical, electrical or other details may be made without written consent of WPI and readjustment of price and estimated delivery. Change order requests are subject to the following fees and based on factory shipping windows: • 4-6 weeks prior to ship date...............4% • 2-3 weeks prior to ship date...............6% • Less than 2 weeks ............................No Changes Accepted Depending on the nature and timing of the changes requested, it may be necessary to reschedule production to a later date. 5. Taxes In addition to the prices stated in the quote, Buyer shall reimburse WPI for any excise, sales, diesel fuel surcharge or use tax incident to this transaction for which WPI may be liable or compelled to collect. 6. Shippina Dates Any shipment date provided in the quote is approximate and is estimated based on the advised lead-times provided by the manufacturer(s) of the equipment quoted. Upon receipt of a Purchase Order from Buyer, along with complete specifications and drawings approval, if required, and after receipt of WPI's Purchase Order to the manufacturer the estimated delivery will again be advised by the manufacturer to WPI and WPI will update Buyer on the new estimated delivery. WPI shall not be liable for any loss or damage for delay or non -delivery due to the acts of civil or military authority, acts of the Buyer or by reason of Force Majeure, which shall be deemed to mean all other causes whatsoever not reasonably within the control of WPI, including, but not limited to Acts of God, war, riots or insurrection, blockades, embargoes, sabotage, epidemics, fires, strikes, lockouts or other industrial disturbances, delays of carriers, the inability to secure materials, labor shortages or manufacturing delays. Any delay resulting from any such cause shall extend shipping dates correspondingly. WPI shall in no event be liable for any special, direct or indirect or consequential damages arising from delay(s) irrespective of the reason. 7. Shippina and Delivery Acceptance It is the responsibility of the buyer or the buyer's representative to inspect all equipment at time of delivery for visible or concealed freight damage. Apparent and concealed damage must be noted on the driver's delivery ticket and subsequent freight claims must be completed and filed directly with the drayage company by the Buyer. In most cases, buyer has up to 30 days to file freight claims when damage is noted with the freight carrier at time of delivery. In most cases, buyer has up to 5 days to file freight claims on damage found after equipment is delivered but not noted at time of delivery. WPI is NOT responsible for damages incurred to equipment during shipment nor is responsible for filing freight claims on damaged equipment incurred in shipment. 8. Eauipment Storaae It is hereby understood and agreed that the customer will accept delivery of all purchased equipment within 30 days of fabrication completion. WPI may, at the customers written request, store or stage all or part of, the customers purchased equipment at one of our strategic facilities provided the customer submits an acceptable "Bill & Hold" letter to WPI Inventory Control Department. Buyer hereby agrees to pay WPI in full for all stored equipment within the terms of the contract (Net 30) otherwise the order will subject to incur storage fees of 3% of the contracted sales price per month. Page 5 of 6 POWERED BY SOLUTIONS Rev.05/28/2018 Waukesha -Pearce Industries, Inc. (WPI) Standard Terms and Conditions of Sale 9. Indemnity Buyer agrees that it will indemnify and hold harmless WPI, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, forfeiture of an oil, gas or mineral lease, damage to a producing reservoir or lease operations of lost production, denied certificate of occupancy or "Green Tag" from the local "AHJ", arising out of, or in any way connected with the failure of, or the operation of the equipment sold by WPI, unless WPI is proven in court to be 100% solely negligent in its responsibilities. 10. Conseauential Damaaes and Other Charaes WPI will not be responsible or liable for any special, direct, indirect or consequential damages or for any operational interruptions or delays, production loss, or other damages or claims of whatever kind caused by or arising out of the fabrication, manufacture, sale, delivery, installation, use, breakage or performance of equipment sold or any part thereof, except only to the extent and in the manner set out in Item 12 below having to do with warranty. 11. Performance Guarantee Performance is subject to manufacturer's guarantees for horsepower and capacities and is subject to de -rating for actual site conditions. 12. Comments and Exceptions When Buyer's specifications are attached to or referenced in an invitation to quote, WPI makes a thorough and sincere effort to review these and provide a quote based on WPI's interpretation of the Buyer's specification. WPI's quote will clearly state what is included and what our interpretation is of Buyer's requirements. It is the Buyer's responsibility to review WPI's quote carefully and advise WPI of any discrepancies between Buyer's specification and WPI's quote. WPI's quote constitutes WPI's total offer and only those items; procedures, scope and content clearly stated in the quote are included and WPI makes no guarantee that the products quoted will meet the Buyer's specifications. 13. Warrant WPI warrants that the equipment of its own fabrication shall be free from defects in design, material, workmanship and title, under normal use, service, and operating conditions, for the period of one (1) year from date of start-up or commissioning or eighteen (18) months from date of shipment. WPI's exclusive remedy for breach of this warranty shall be repair or replacement of any defective parts packaged by WPI, F.O.B. Houston, Texas. Accessories or equipment furnished by WPI, but manufactured by others, shall carry that manufacturer's warranty, which will be passed -on to Buyer. WPI shall not be liable for any repairs, replacements, or adjustments to the equipment or any costs of labor performed by the Buyer or others without WPI's prior written approval. WPI will serve the Buyer by acting as Buyer's representative in regard to warranty claims for items not manufactured by WPI. However, warranty in all cases is limited to the manufacturers' warranty. Any part(s) found to be defective will be replaced at no charge subject to each manufacturers' respective warranty policy, which WPI will administer. Any part(s) replaced that are not subsequently found to be defective by the manufacturer will be charged to the Buyer. Warranty labor for replacement or repair is on site only. Buyer is responsible for travel time, transportation and expenses to and from the closest WPI location, to the location of the subjected equipment. Should WPI travel to the location and find that the cause is not warrantable, all expenses incurred by WPI, to include travel and labor, will be billed to the Buyer at WPI's posted rates. WPI will not be responsible for crane, barge, or special transportation charges associated with warranty repairs. 14. Literature WPI will provide upon request, the manufacturers standard literature. This includes Spec Sheets, Bill of Materials, Drawings, Operation and Maintenance Manuals and/or Factory Test Reports. WPI takes exception to all specification requirements & requests for non-standard factory literature. 15. Hours of Operation This bid assumes all work will be done during normal business hours. Normal hours of operation for WPI are 8 am — 5 pm Monday - Friday. Any work performed outside of the normal operating hours will be billed at 1.5 times our current labor rate. 16. Start -Up When factory start-up services and field testing are included as part of a quoted package it is understood that the equipment will be made available by the buyer for WPI to perform the factory services within six (6) months of shipment. Additional charges may be required for factory services performed beyond the six (6) month window. Customer has one year (365 days) from the initial ship date of a Generac generator to be started up/commissioned and filed online via GENservice. Registration will then activate the warranty start date. If the product is not started up/commissioned within the first year of the ship date, the warranty start date will revert back to the initial ship date. In addition, any product not started up in the first year must have the Long Term Preservation and Storage Procedure performed and the form completed. Forms must be submitted BEFORE the first year after the initial ship date has expired. Page 6 of 6 POWERED BY SOLUTIONS Rev.05/28/2018 P7Board PeirW►asing Texas Association of School Boards BUYBOARD Quotation Quote Date September 22, 2021 Quotation To End User City of So Contact Kurt Ackermann Phone 817-748-8102 Fax Email kackermann(cDci.southla WPI Quote Number Contract No. 597-19 VendorlD 837 (lake Waukesha -Pearce Industries Inc. Generator Division Contact Allen Mitchell Phone 214-577-7823 tx.',Cl Fax 817-581-7363 Email allen.mitchellawpi.com Pricing Based On Maunufacturer's Price List Dated: 12/01/18 Contract Discount 33 Factor 67 A. Base Unit: Manufacturer Model No. Description Generac I SDO175 1175KW Generator List Price I Net Price $ 71,795.00 1 $ 48,102.65 Includes All Standard equipment & attachments as listed in attached brochures. B. Factory options and attachments Part No. Description List Price Net Price DW-24-4 24 Hour Double Wall Subbase Fuel tank $ 5,032.00 $ 3,371.44 Sub Total 1 $ 3,371.44 C. Non -Factory options and attachments Part No. Description Net Price Sub Total 1 $ - D. Other applicable charges. Allowances, Trade -Ins, Special Discounts, etc. Description Net Price WPI Terms and Conditions Apply to this Quote $ 3,500.00 Freight to job site and start up testing Off loading, fuel and installation $ 14,500.00 Additional Discount $ (7,274.09) Sub Total $ 10,725.91 TOTAL PURCHASE PRICE: $ 62,200.00 Delivery:1 17 to 19 weeks Pricin_g valid for sixty (60) days from this date. Orders after that period must be re -quoted. Transmit copy of quotation with purchase order issued to WPI to: Texas Association of School Boards, BuyBoard, PO Box 400, Austin, TX 78764-0400 email: buyboard@tasb.org