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HomeMy WebLinkAboutR2022-159 2022-08-22DocuSign Envelope ID: 2BED3E07-4DC7-44A0-AA5C-D8B4Al2C4614 RESOLUTION NO. R2022-159 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit cost contract for property acquisition and relocation services with Right - of -Way Solutions LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That a contract for property acquisition and relocation services was previously awarded. Section 2. That the City Council hereby renews a contract with Right -of -Way Solutions LLC., in the unit price attached hereto as Exhibit "A". Section 3. The City Manager or his designee is hereby authorized to execute a contract for property acquisition and relocation services. PASSED, APPROVED, and ADOPTED this the 22"d day of August, A.D., 2022. DocuSigned by: 9z JK N C6LE MAYOR ATTEST: rDocuSigned by: Frs Q$ r FRACC22NCES AJ31FFF415 GUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: r4D6. DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 52E11 F37-D859-4278-A81A-AC9F284DB516 Exhibit A RENEWAL NO. I. TO CITY OF PEARLAND CONTRACT PSA #1221-16 PROPERTY ACQUISITION AND RELOCATION SERVICES 'T'his Renewal is entered into by and between the City of Pearland (hereafter "City"), a home rule municipality, and Right-arWay Solutions (hereafter "Vendor"). City and Vendor shall be referred to individually as a "Party" and col lcctivcly as the "Parties." WHEREAS, the Parties have previously entered into City of Pearland Contract No. 1221- 16 (the "Agreement"), and WHEREAS, the Agreement was executed for Vendor to provide the City with Land Acquisition and Relocation Services ("Agreement"); and WHEREAS, the original term of the Agreement expired on April 20, 2022; and WHEREAS, the Parties wish to renew the term of the Agreement for continued services pursuant to the original Contract loran additional year, specifically from April 21, 2022 to April 20, 2023; NOW, THEREFORE, the Parties, acting herein by the through their duly authorized representatives, enter into the following Agreement. 1. RENEWAL OF AGREEMENT The term of the Agreement is hereby renewed for an additional year to begin on April 21, 2022, and expire on April 20, 2023, unless terminated earlier in accordance with the Agreement. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Renewal may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as an original. (Signrrlure page }allows) PSA #1221.16 !'age 1 oft. DocuSign Envelope ID: 52E11 F37-D859-4278-A81A-AC9F284DB516 ACCEPTED AND AGREED: CITY OP PEARLAND: DocuSigned by: et,arsbin, }3y '-3B8283Beeeo4se.. Narne: Clay Pearson Title: City Manager Date: 8/25/2022 16:4=12AM CDT APPROVAL RECOMMENDED: r— DocuSigned by: By: WOG I Ib9URU4U4... Name: Kristen Woolley Title: k, , ate4i kJ� CIS Deputy Director of Finance ATTEST; By: Name: Title: DocuSigned by: [rws QOtar ge Ee2-253-1-F F F 415... Frances Aguilar City Secretary VENDOR: Fay ; Name:_ Title: CONTRACT COMPLIANCE MANAGER: By signing L acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By; Name: Title: DocuSigned by: A�4 Vu S0F615fl9104D48C... Anthony Vu Acquisition Manager APPROVED AS TO FORM AND LEGALITY: DocuSigned by: By: B1F466 . Name: Darrin Coker Title: Assistant City Attorney City Attorney CONTRACT AUTHORIZATION: M&C: PSA til221-16 Page 2 uf2 DocuSign Envelope ID: 52E11 F37-O859-4278-A81A-AC9F284DB516 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 -clay 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 Carnage - $1,000,000 per occurrence; General Aggregate - $2,000,000 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000_ Certificate of Insurance forms may be emailed to: Purchasing Department at ebids(dtpearlandtx dov. Questions regarding required insurance should be directed to City of Pearland Purchasing Department, at e b i ds (cpearl andtx. g ov_ This form must be signed and returned with your bid/quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide a certificate of insurance, and a copy of insurance policy with the above requirements to the City. A purchase order will not be issued without evidence of required insurance. Agreement I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid # Company: K. Signature and Printed Name: DocuSign Envelope ID: 52E11 F37-D859-4278-A81A-AC9F284DB516 I AWRLCERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) 06/09/2022 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 Leavitt Group Texas Select 6546 Greatwood Pkwy Suite A Sugar Land TX 77479 CONTACT CLC NAME: (HCC , EXt): (281) 727-0450 I ONE AX FNo): (866) 688-5709 E-MAIL cicTexasSelect@leavitt.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Nationwide Insurance of Florida 10948N INSURED Right Of Way Solutions Inc 19901 Southwest Fwy Sugar Land TX 77479-6538 INSURER B : Colonial County Mutual Insurance Company 29262N INSURER C : Nationwide Mutual Insurance Company 23787N INSURER D : Texas Mutual Insurance Company 22945 INSURER E : NBS-Nationwide Brokerage Solutions B0449 INSURER F : COVERAGES CERTIFICATE NUMBER: 22/23 GL BA UMB 21/22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE 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 TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y ACPBP015534071073 06/15/2022 06/15/2023 EACH OCCURRENCE $ 1,000,000 ICLAIMS -MADE X OCCUR DAMAGE TO PREMISES Ea occE ence) $ MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 OICAI $ B AUTOMOBILE LIABILITY ANY AUTO OWNED )/ /• SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y ACPBA015534071073 06/15/2022 06/15/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UUMTX $ 100,000 C X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE ACPCU015534071073 06/15/2022 06/15/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N Y NIA Y 0002056087 12/18/2021 12/18/2022 XI STATUTE I I ERH E.L. EACH ACCIDENT 1 000 000 $ ,, E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability UDC4905270E021 07/20/2021 07/20/2022 Each Claim Aggregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Pearland is added as additional insured with Waiver of Subrogation on the General Lability policy when required by written contract. Additional Insured and Waiver of Subrogation status applied to the Auto Liability policy (CA 2048 1013 & CA 0444 1013). A Waiver of Subrogation applies on the Workers Compensation policy (WC 42 03 04 B). CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Dr. Pearland TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 52E11 F37-D859-4278-A81A-AC9F284DB516 Cobb Fendley O. R. Colan Associates of Illinois, Overland, Pacific & Cutler, LLC Percheron Field Services PINNACLE CONSULTING Right -of -Way Solutions, LLC Teague Nall and Perkins, Inc. TRC Pipeline Services, LLC $ 11,000 $ 13,250 $ 10,500 $ 15,000 $ 8,800 $ 7,000 $ 10,000 $ 13,750 Cost Proposal 45 pts 28.64 23.77 30.00 21.00 35.80 45.00 31.50 22.91 Experience & Qualification of Proj Personnel 20 pts 19.33 18.33 18.67 18.67 19.33 19.67 18.33 14.00 Experience Similar Projects Past 5 Yrs 20 pts 16.33 11.33 11.33 13.33 13.67 19.67 15.00 8.00 Company Overview & Legal Structure 5 pts 4.67 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Project Schedule & Past Proj Schedules 5 pts 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Current Workload & Availability To Start 5 pts 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Total Points 78.97 68.44 75.00 68.00 83.80 99.33 79.83 59.91 NOTES: TxDOT/County/City Projects TxDOT Projects TxDOT Projects TxDOT/County Projects County/City Projects TxDOT/City Projects TxDOT/City Projects Pipeline/Energy Projects TxDOT/County/City Projects - good team that is put together TxDOT Projects for the majority. TxDOT Projects TxDOT/County Projects County/City Projects TxDOT/City Projects - simple proposal. Has done an excellent job for the City TxDOT/City Projects - also an engineering firm Pipeline/Energy Projects HAS FEMA experience and with roads TxDot/City Projects TxDot Projects TxDot Projects TxDOT/County Project • County/City Projects TxDot/City Projects TxDot/City Projects Pipeline/Energy Projects