HomeMy WebLinkAboutR2023-190 2023-08-14DocuSign Envelope ID: 400032D9-2DAD-4015-895C-9F8133C766A2
RESOLUTION NO. R2023-190
A Resolution of the City Council of the City of Pearland, Texas, awarding a
removal and replacement services contract associated with three (3) traffic
signal span wire intersections (Broadway at Woodcreek; SH 35 at Oiler
Drive/Bailey Road; and SH 35 at Pearland High School, Broadway at Mykawa;
and Broadway at Old Chocolate Bayou), to Creacom, Inc., in the amount of
$83,048.24.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for construction services associated with five (5) traffic
signal span wire intersections have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Creacom. Inc., in the amount
of $83,048.24.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for construction services associated with five (5) traffic signal span wire intersections.
PASSED, APPROVED and ADOPTED this the 14th day of August, A.D., 2023.
,-DocuSigned by:
"-2F80B858BC2A475...
J. KEVIN COLE
MAYOR
ATTEST:
,-DocuSigned by:
FrouA Ct,S War
-94EC22531FFF445
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
DocuSigned by:
a -
E.1-3.&A-8.9f±B.B-1-F*B6
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
City of Pearland
3519 Liberty Drive
Pear land, TX 77581
SERVICE CONTRACT NO. #ITE.0623-14
For Span Wire Intersection Rebuilds
THIS CONTRACT ("Contract") is entered into by and between the City of pear€arid, a Texas home -
rule municipal corporation ("City") and Creacorn, Inc. ("Contractor"), and consisting of the following
parts:
I_ Summary of Contract Terms
II. Signatures
III, Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
I. Summary of Contract Terms.
Contractor_ Creacon, Inc.
21333 Hufsrnith-Kohrville Road
Description of Services:
Contract Amount:
Effective Date:
End Date:
Renewals:
Resolution NofBid No:
Tomball, Texas 77375
Contractor will provide City of Pearland span wire intersection
rebuilds as needed, in accordance with specifications of Bid
# ITI30623-14.
$83, 048.24
August 15, 2023
August 14, 2023
0
R2023-190, 1TB0623-14
II. Signatures
4-1'arfaEhREARLAND CONTRACTOR
bk1A,1" ikwirLi
CI CCOD2C20CL4CE
8/17/2023 I 11:45 AM ITMelendre
yny.�.wq k. —m
o,a, mxd nu Ed Id...
Purchasing Officer Date Title: Vice President
,-DocuSigned y:
a# 08/02/2023
8/17/2023112:29 PM -CDT
F030 12 74C423..
'`Signed by: Date
Superintendent/Manager
Director
Deputy/Assistant City Manager
City Manager
*City Contract Signature Authority:
Service Contract Standard Form
Approved as to Legal Form 6.28.2021
Superintendent/Manager— up to $10,000
Director - $10,001 - $30,000
City Manager/Deputy/Assistant City Manager- $30,001 +
City Council Resolution over $50,000
Page 1 at 7
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
III. Standard Contract Provisions
WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for
Bid/Proposal or Quote No. ITB0623-14 (Sotioitation"), which Solicitation includes the required
scope of work and all specifications and which Solicitation and the Contractor's bid or proposal
response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2,
respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE. City and Contractor agree as follows:
1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as
detailed in Attachment A, the content of which is incorporated by reference into this Contract
as if fully set out here in its entirety, and in accordance with Exhibit 2,
2. Term. This Contract is for (1) one year, with performance commencing upon the effective
date or the date of issuance of the notice to proceed issued by the Contract Administrator or
the Purchasing Division, or upon the performance date listed in the notice to proceed,
whichever is later. The parties may mutually extend the Term of this Contract for up to (0)
additional one-year periods ("Option Period(s)"), provided, the parties do so by written
amendment prior to the expiration of the original term or the then -current Option Period. The
City's extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Contract is for an estimated amount of $83.148.24,
subject to approved extensions and changes. Payment will be made for Services completed
and accepted by the City within thirty (30) days of acceptance, subject to receipt of an
acceptable invoice. Contractor shall invoice no more frequently than once per month. Ali
pricing must be in accordance with the attached Bid/Pricing Schedule, asshown in Attachment
B, the content of which is incorporated, in its entirety, by reference into this Contract. Any
amount not expended during the initial term Of any option period may, at the City's discretion,
be allocated for use in the next option period.
Invoices will be emailed to the following email address with a copy provided to the Contract
Administrator:
City of Pearland
Attn: Accounts Payable
Email:
accountspayableapearlandtx qov
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Contract, including
deductions for non-performance and authorizations for payment. The City's Contract
Administrator for this Contract is as follows:
Name: Francesca Beltran
Department: Engineering & Public Works
Phone: 281, 662.1946
Email: fbeltranpearlandtx.gov
5. Insurance; Bonds.
(A) Before performance can begin under this Contract, the Contractor must deliver a
Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the
City's Contract Administrator. Additionally, the COI must state that the City shall be
provided no less than thirty (30) days' advance written notice of cancellation, material
Service Contract Standard Farm Page 2 of 7
Approved as to Legal Form 6.28,2021
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
change in coverage, or intent not to renew any of the policies. The City must be named
as an additional insured_ The City Attorney must be given copies of all insurance
policies within ten (10) days of the City Manager or his designee's written request
Insurance requirements are as stated in Attachment C, the entirety of which is
incorporated by reference into this Contract.
(B)
Contractor shall provide any required payment bond, performance bond, or both, prior
to commencement of performance under this Contract. The terms, conditions, and
amounts of the bonds and appropriate surety information shall be included in the
RFB/RFP or as may be added to Attachment C, and such content, the entirety of
which, shall be incorporated into this Contract,
6. Purchase Release Order. For multiple -release purchases of Services provided by the
Contractor over a period of time, the City will exercise its right to specify time, place and
quantity of Services to be delivered in the following manner: the authorized City department
or division shall send to Contractor a purchase release order signed by an authorized agent
of the department or division. The purchase release order shall refer to this Contract, and
Services shall not be rendered until the Contractor receives the signed purchase release
order.
7. Inspection and Acceptance. City may inspect all Services and products supplied before
acceptance. Any Services or products that are provided but not accepted by the City must be
corrected or re -worked immediately at no charge to the City. If immediate correction or re-
working at no charge cannot be made by the Contractor, a replacement service may be
procured by the City on the open market and any costs incurred, including additional costs
over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of
receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Contract are new, quality
items that are free from defects, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and that
the products are free of liens or encumbrances,
(B) In addition, the products purchased under this Contract shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period stated
therein. Attachment D, the entirety of which, is attached to this is incorporated into this
Contract.
(C) Contractor warrants that all Services will be performed in accordance with the standard
of care used by similarly situated contractors performing similar services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule
are estimates only and do not obligate the City to order or accept more than the City's actual
requirements nor do the estimates restrict the City from ordering less than its actual needs
during the term of the Contract including any Option Period. Substitutions and deviations from
the City's product requirements or specifications are prohibited without the prior written
approval of the Contract Administrator.
10, Non -Appropriation. The continuation of this Contract after the close of any fiscal year ofthe
City, which fiscal year ends on September 30th annually, is subject to appropriations and
budget approval specifically covering this Contract as an expenditure in said budget, and it is
within the sole discretion of the City's City Council to determine whether or not to fund this
Service Contract Standard Farm Page 3 of 7
Approved as to Legal Form 6.28,2021
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
Contract. The City does riot represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor shall perform all work required by this Contract as an
independent contractor and will furnish such Services in its own manner and method, and
under no circumstances Of conditions will any agent, servant or employee of the Contractor
be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts
or utilize the services of subcontractors unless the subcontractors were identified in the
bid/quote/proposal or approved by the Contract Administrator.
13. Amendments. This Contract may be amended or modified only in writing and executed by
authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this Contract
waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be
provided proof of payment of these taxes within 15 days of such request.
16. Notice. Any notice required under this Contract must be given by hand delivery, or certified
mail, postage prepaid, and is deemed received on the day hand -delivered or on the third day
after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Pearland
Attn: Mario Tellez
Title: Traffic Superintendent
Address: 2016 Old Alvin Road, Pearland TX 77584
Phone: 281.997.5990
IF TO CONTRACTOR:
Creacom, Inc.
Attn: Kris Melendez
Title: Vice President
Address: 21333 Hufsmith-Kohville,Tomball, TX 77375
Phone: 281.351.4560
17. Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT
DOCUMENT THAT LIMITS THE CONTRACTOR'S LIABILITY TO THE CITY OR
RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR
COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE
PERFORMANCE OF THIS CONTRACTOR THAT PROVIDES FOR CONTRACTUAL
INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT
APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN
ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES
OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR
DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR
JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S
NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF
Service Contract Standard Form Page 4 of 7
Approved as to Legal Form 6.28.2021
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION
DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO
IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS
CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD -
PARTY DEFENDANT AS ALLOWED BY LAW.
18. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating lo this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator's fees.
19. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
20. Termination.
(A) City Termination for Convenience. Under this paragraph, the City may terminate this
Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(B) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default shall provide the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party must
take to cure the default. If the party in default fails to cure the default as specified in the
notice, the party giving the notice of default may terminate this Contract by written notice
to the other party, specifying the date of termination. Termination of this Contract
pursuant this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party.
21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the
owner's manual and/or preventative maintenance guidelines or instructions if available for any
equipment purchased by the City pursuant to this Contract. Conti -actor must provide such
documentation upon delivery of such equipment and prior to receipt of the final payment by
the City.
22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total
amount of compensation listed in this Contract. In no event shall the City be liable for
incidental, consequential or special damages.
23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment, The performance of this Contract by the Contractor is of the essence of this
Contract, and the City Manager's right to withhold consent to such assignment is within the
sole discretion of the City Manager on any ground whatsoever.
24. Severability. Each provision of this Contract is considered to be severable and, if, for any
reason, any provision or part of this Contract is determined to be invalid and contrary to
Service Contract Standard Form Page 5 of 7
Approved as to Legal Form 6,28,2D2i
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
applicable law, such invalidity shall not impair the operation of nor affect those portions of this
Contract that are valid, but this Contract shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part had been omitted.
26. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract,
its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference
to the documents in the following order of priority:
A. this Contract (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
❑. the Contractor's bid response (Exhibit 2).
26. Certificate of interested Parties. Contractor agrees to comply with Texas Government Code
Section 2252,908, as it may be amended, and to complete Form 1295 'Certificate of
Interested Parties" as part of this Contract if required by said statute for items approved by
the City Council_
27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the
performance of this Contract. The applicable law for any legal disputes arising out of this
Contract is the law of the State of Texas, and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Brazoria County, Texas.
28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory
executing this contract on behalf of company verifies that the company does not boycott Israel
and will not boycott Israel during the term of this contract. This clause is subject to companies
with ten or more full time employees and the contract value is $100,000 or more that is to be
paid wholly or partially with public funds of the governmental entity.
29. Public Information Act Requirements. This paragraph applies only to Contracts that have
a stated expenditure of at least $1,000,000 or that result in the expenditure of at least
$1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code,
regarding certain entities requirement to provide contracting information to governmental
bodies in connection with a public information request, may apply to this contract and the
Contractor agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
30. Entire Agreement. This Contract constitutes the entire agreement between the parties
concerning the subject matter of this Contract and supersedes all prior negotiations,
arrangements, agreements, and understandings, either oral or written, between the parties.
IV, Special Terms and Conditions. None.
V. Additional Contract Documents
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Service Contract Standard Form Page 6 of 7
Approved as to Legal form 6,28.2021
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
Incorporated by Reference Only:
Exhibit 1: #ITB0623-14
Exhibit 2: Contractor's Bid/Proposal Response
Service Contract Standard Form Page ! of l
Approved as to Legal Form 6 28.2021
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
ATTACHMENT A — SCOPE OF WORK
Scope of services provided shall consist of span wire intersection rebuilds for the City of Pearland, as
needed, in accordance with specifications of Bid # ITB0623-14.
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
ATTACHMENT B-PRICING/BID
SCHEDULE
GENERATED BY:
DATE:
YR
8/2/2023
Intersections
UOM
Description
Unit Price
Total Amount
Base Bid
1
3
LS
Remove and Replace Aerial Cables: Furnish all labor, materials and incidentals required for the
Contractor to remove and replace all existing clamps, drip loop, ground, pole attachment, span wire,
strapping, brackets, and wraps around pole. Aerial Cable to be provided by the City,
$10,902.87
$32,708.61
2
3
LS
Remove and Replace Signal Heads: Furnish all labor, materials, and incidentals required for the
Contractor to remove and replace all existing signal heads, including alignment, backplates,CGB
Connector, fittings, visors/screws/.wingnuts, astro brackets, aluminum tubing fittings. Equipment will be
provided by the City.
$2,020.24
$6,060.72
3
3
LS
Remove and Replace Street signs: Furnish all labor, materials, and incidentals required for the Contractor
to remove and replace all existing street signs. Equipment will be provided by the City.
$1,822.68
$5,468.04
4
3
LS
Remove and Replace Vehicle Detection: Furnish all labor, materials, and incidentals required for the
Contractor to remove and to install, program, and implement the contractor -supplied equipment at each
intersection. Equipment to be provided by the City.
$1,830.99
$5,492.97
PROJECT TOTAL
% (+/-) Estimate
, r"" ""v'''
$49,730.34
In providing Opinions of Probable Construction Cost, the Client understands that the Consultant has no control over the cost or availability of labor, equipment or materials, or over market conditions or the
Contractor's method of pricing, and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no
warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from the Consultant's estimate of probable construction cost.
ALTERNATES
Intersections
UOM
Description
Unit Price
Total Amount
Base Bid
1
2
LS
Remove and Replace Aerial Cables: Furnish all labor, materials and incidentals required for the
Contractor to remove and replace all existing clamps, drip loop, ground, pole attachment, span wire,
strapping, brackets, and wraps around pole. Aerial Cable to be provided by the City,
$10,902.87
$21,805.74
2
2
LS
Remove and Replace Signal Heads: Furnish all labor, materials and incidentals required for the Contractor
to remove and replace all existing signal heads, including alignment, backplates,CGB Connector, fittings,
visors/screws/, astro brackets, aluminum tubing fittings. Equipment will be provided by the City.
$2,947.27
$5,894.54
3
2
LS
Remove and Replace Street signs: Furnish all labor, materials and incidentals required for the Contractor
to remove and replace all existing street signs. Equipment will be provided by the city.
$1,425.18
$2,850.36
4
2
LS
Remove and Replace Vehicle Detection: Furnish all labor, materials and incidentals required for the
Contractor to remove and to install, program, and implement the contractor -supplied equipment at each
intersection. Equipment to be provided by the City
$1,383.63
$2,767.26
PROJECT TOTAL
(+/-) Estimate
TOTAL BASE
BID
$33,317.90
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
ATTACHMENT C — INSURANCE REQUIREMENTS
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Purchasing Department
281,652,1775
ebidsg pear landtx.gav
Contractor Insurance Requirements & Agreement
Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a
certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified
herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same
types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy.
All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business
in the State of Texas and must be acceptable to the City of Pearland.
Listed below are the types and amounts of insurances required, The City reserves the right to amend or require additional
types and amounts of coverages or provisions depending on the nature of the work.
TYPE OF INSURANCE
AMOUNT OF INSURANCE
PROVISIONS
1.
Workers' Compensation
Employers' Liability (WC)
Statutory Limits
$1,000.000 per occurrence
For WC, CGL, and BAL, the City is
to be provided a WAIVER OF
SUBROGATION,
CGL and BAL, City to be listed as
additional insured and provided 30 -
day notice of cancellation or material
change in coverage.
WC, CGL and BAL, City shall be
provided 30 -day notice of
cancellation or material change in
coverage_
CGL will include a non-contributory
addendum.
2.
Commercial General (Public)
Liability (CGL) to include coverage
for:
a) Premises/Operations
b) Products/Completed
Operations
c) independent Contractors
d) Personal Injury
e) Contractual Liability
Personal Injury - $1,000,000 per
person; Property Damage -
$1,000,000 per occurrence;
General Aggregate - $2,000,000
3.
Business Auto Liability (BAL) to
include coverage for:
a} Owned/Leased vehicles
b) Non -owned vehicles
c) Hired vehicles
Combined Single Limit -
$1,000,000
If the contract involves a professional service, the contractor will also be required to provide the City with professional liability
insurance in an amount of at least $1,000,000.
Certificate of Insurance forms may be ernailed to. Purchasing Department at ebidsCapearlandtx.gov+. Questions regarding
required insurance should be directed to City of Pearland Purchasing Department, at ebidsQpearlandtx.cov-
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# ITB0623-14
Company: Creacorn Inc.
Signature and Printed Name: Irm*Melendre¢ _.__ . . Kris a en rez
_........--
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
ACC)R1® CERTIFICATE OF LIABILITY INSURANCE
iii..----'
GATE{MIAJDOfYYYYj
07/13/2023
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 pollcy{Ins} 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 endarsementis).
PRODUCER
Marek Insurance
6115 FM 2100 #107
Crosby, TX 77532
License #: 1792456
CONTACT Barbara A Nelson
NAME-
PHONE FAX
{hNCNe, Esli: (251)328.3170 1-JRLG, Not.
E-MAILDRESS: hnefson@texaninsurence.com
INSVRRIS} AFFOAnINo COVERAGE
NAIL Y.
INSURER A: Texas Mutual Insurance Company
29939
INSURE❑
Creacom, Inc.! KTC Holdings
21333 Hufsmith Kohrville Rd
Tomball, TX 77375
INSURER 0
IN5uRERC:
INSURER O:
r .
INSURER E .
INSURER F
COVERAGES
CERTIFICATE NUMBER: 00272464-602565
REVISION NUMBER: 109
T HIS IS TO CERTIFY THAT THE POI,ICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR'! HE 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 AFFORDFI} 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 ] IADDL S118R
LTR ! TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
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AUTOMOBILE LIABILITY
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LIMITS
EACII OCCURRENCE S
DAMAGE TO RENTED
PREMISES UEe ocu•rrenco)
MED EXP (Arty one person)
PERSONAL & ADV INJURY
S
GENERAL AGGREGATE S
PRODUCTS - COM PLO I' AG G S
S
COMRINF,O SINGLE LIMIT $
{Fa act:idea)
BODILY!NJURY [Per person] S
{3ODILY INJURY (Per accident) $
PROPERTY DAMAGE
.{Per accideniL__
EACH OCCURRENCE S
AGGREGATE S
Y 0002064218 07/1212023
0711212024 I X
PER
STATUTE ? J ERH Blanket
E.I. EACH ACCII7E.NT s 1,000,000
El. DISEASE -EA EMPLOYEE $ 1,000,000
E.L- DISEASE - POLICY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS !LOCATIONS 'VEHICLES (ACORD 151, Additional Remarks Schedule, may he attached If morn space la required)
Blanket Waiver of Subrogation is included In the Workers Compensation Policy. Thirty days written notice of cancellation will be
provided.
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)
(BAN)
Cc) 198B-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD Printed by BAN on 07/13/2023 at 07:36AM
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
ATTACHMENT D ^ WARRANTY
Services shall conform to the proposed specifications and all warranties as stated in the Uniform
Commercial Code and be free from all defects in material, workmanship and title.
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1nt7
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos_ 1, 2, 3, 5. anil 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
LO52879
20234052879
Date Filed:
0713112025
Date Acknowledged!
J.
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Creacoln
Tomball, TX United States
2
Name of governmental entity or state agency that is a party to the contract for which the term is
being tiled.
city of pearland
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
ITBOfi23-x4
SERVICE CONTRACT NC. BITBO623-14 For Span Mire Intersection Rebuilds
Name of Interested Party
City. State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check if there is NO Interested Party.
only
El
6
UNSWORN DECLARATION
My name is Kris Melendrez , and my dated
birth is
,
01/06/1978
21333 Hufsrtlifh Kohrvi Ile Rd Tomball TX
My address Is ,
77375 USA
,
(street) (elly) 'icicle) (zip code) (cairriry)
I declare under penalty of perjury that the foregoing is true and correct.
Executed In Harris County, State of Texas . on the 31 day of July , 20 23 ,
(month} (year)
Kris Melendrez :r °,.a�'.°_�°�.�`.
rr.c.: xcuara.aa [�xaa-0sow
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission
www,ethics.state.tx,us
Version V3,5,1,39cbfb20
DocuSign Envelope ID: E006FD45-0E43-4BE3-90B7-A49EFACF0445
FY23 Span wire Rebuild Program
CITY PROJECT NUMBER:
BID NUMBER: ITB-
GENERATED BY:
DATE:
YR
8/2/2023
Intersections
UOM
Description
Unit Price
Total Amount
Base Bid
1
3
LS
Remove and Replace Aerial Cables: Furnish all labor, materials and incidentals required for the
Contractor to remove and replace all existing clamps, drip loop, ground, pole attachment, span wire,
strapping, brackets, and wraps around pole. Aerial Cable to be provided by the City,
$10,902.87
$32,708.61
2
3
LS
Remove and Replace Signal Heads: Furnish all labor, materials, and incidentals required for the
Contractor to remove and replace all existing signal heads, including alignment, backplates,CGB
Connector, fittings, visors/screws/.wingnuts, astro brackets, aluminum tubing fittings. Equipment will be
provided by the City.
$2,020.24
$6,060.72
3
3
LS
Remove and Replace Street signs: Furnish all labor, materials, and incidentals required for the Contractor
to remove and replace all existing street signs. Equipment will be provided by the City.
$1,822.68
$5,468.04
4
3
LS
Remove and Replace Vehicle Detection: Furnish all labor, materials, and incidentals required for the
Contractor to remove and to install, program, and implement the contractor -supplied equipment at each
intersection. Equipment to be provided by the City.
$1,830.99
$5,492.97
PROJECT TOTAL
% (+/-) Estimate
, r"" ""v'''
$49,730.34
In providing Opinions of Probable Construction Cost, the Client understands that the Consultant has no control over the cost or availability of labor, equipment or materials, or over market conditions or the
Contractor's method of pricing, and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional judgment and experience. The Consultant makes no
warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from the Consultant's estimate of probable construction cost.
ALTERNATES
Intersections
UOM
Description
Unit Price
Total Amount
Base Bid
1
2
LS
Remove and Replace Aerial Cables: Furnish all labor, materials and incidentals required for the
Contractor to remove and replace all existing clamps, drip loop, ground, pole attachment, span wire,
strapping, brackets, and wraps around pole. Aerial Cable to be provided by the City,
$10,902.87
$21,805.74
2
2
LS
Remove and Replace Signal Heads: Furnish all labor, materials and incidentals required for the Contractor
to remove and replace all existing signal heads, including alignment, backplates,CGB Connector, fittings,
visors/screws/, astro brackets, aluminum tubing fittings. Equipment will be provided by the City.
$2,947.27
$5,894.54
3
2
LS
Remove and Replace Street signs: Furnish all labor, materials and incidentals required for the Contractor
to remove and replace all existing street signs. Equipment will be provided by the city.
$1,425.18
$2,850.36
4
2
LS
Remove and Replace Vehicle Detection: Furnish all labor, materials and incidentals required for the
Contractor to remove and to install, program, and implement the contractor -supplied equipment at each
intersection. Equipment to be provided by the City
$1,383.63
$2,767.26
PROJECT TOTAL
(+/-) Estimate
TOTAL BASE
BID
$33,317.90