R2002-0143 09-09-02RESOLUTION NO. R2002-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, DETERMINING A NEED TO OCCUPY THE
CULLEN SERVICE CENTER IN AN EFFORT TO PROVIDE FIRE AND
EMS SERVICES TO RESIDENTS OF THE PEARLAND COMMUNITY.
WHEREAS, on the 27th day of March 2001, the City of Pearland ("City") and The
Spigener Corporation ("TSC") entered into a contract for construction of the Cullen
Service Center, located at 2617 A Cullen Boulevard; and
WHEREAS, the City has refused final acceptance of the Cullen Service Center
due to the existence of defects in the workmanship and materials provided by TSC that
resulted in random cracking of the Service Center's truck bay floor; and
WHEREAS, the City enlisted the services of the Transtec Group ("TG") to
investigate potential causes of the random cracking in the Cullen Service Center truck
bay floor; and
WHEREAS, TG, using data collection and material testing was able to conclude
that the random cracking observed in the Cullen Service Center truck bay floor was
most likely caused by drying shrinkage due to TSC's failure to follow the specifications
provided in the contract; and
WHEREAS, the City has contacted Century Surety Underwriters ("Century"), the
surety on the performance bond covered by the contract, demanding that Century honor
its obligation under the performance bond; and
WHEREAS, the Service Center may be used for its intended use despite the
failure of TSC to construct the truck bay floor in conformance with all the specifications
provided for in the contract; and
WHEREAS, the City acknowledges the need for the use of the Cullen Service
Center as a means to provide Fire and EMS services to the residents of the Pearland
community; and
WHEREAS, TSC has failed to acknowledge and provide adequate assurances
that the defects in the workmanship and materials associated with the Cullen Service
Center will be timely and effectively abated; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY PEARLAND, TEXAS:
Section 1. The City hereby adopts and incorporates the findings and
determination set for the above.
RESOLUTION NO. R2002-143
Section 2. The City formally declares the need to occupy the Cullen Service
Center in order to adequately provide Fire and EMS services to residents in the
Pearland community.
Section 3. The City hereby expresses its intent that the above occupancy shall
not be construed as the City's final acceptance of the Cullen Service Center. Said final
acceptance shall only occur pursuant to the procedures set forth in the contract.
PASSED, APPROVED and ADOPTED this the ~
A.D., 2002.
ATTEST:
(~ 8EORETARY t/
APPROVED AS TO FORM:
9 day of September
TOM REID
MAYOR
DARRIN M. COKEF~'
CITY ATTORNEY
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