R2007-180 2007-11-12
RESOLUTION NO. R2007 -180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE FM 1128
WATERLINE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction services associated with
the FM 1128 waterline, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Matula & Matula
Construction, Inc., in the amount of $723,209.90.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction services associated with the FM 1128 waterline.
PASSED, APPROVED and ADOPTED this the 1ih day of November, A.D., 2007.
ATTEST:
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MAYOR
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARLAND
Exhibit" A"
Resolution No. R2007 -180
07 -0098 W42065
ST ANDARlJ ~UKM U~. AlJRKI!':MENT
Section 00500
STANDARD FORM OF AGREEMENT
THIS AGREEMENT is by and between City of Pearl and (hereinafter called OWNER or City) and
Matula & Matula Construction, Inc (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1.
WORK
CONTRACTOR shall complete, all work as specified or indicated in or reasonably
inferable from the Contract Documents (hereinafter the "Work"). The Work is generally
described as follows:
16-Inch Waterline Along FM 1128 (Manvel Rd.)
City of Pearland, Texas
COP PN: W42065
BID NO.: 1008-002
Article 2.
ENGINEER
The Work has been designed by Pate Engineers, Inc. 13333 Northwest Freeway, Suite 300,
Houston, Texas 77040, contact Keith R. Davis, P.E., who is hereinafter called ENGINEER
and who is to assume all duties and responsibilities and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the
Work in accordance with the Contract Documents.
Article 3.
CONTRACT TIME
3.1
The Work will be Substantially Complete (as defined in Article 1 of the General
Conditions) within one-hundred twenty (120) calendar days (including weekends
and holidays) from the date when the Contract Time commences to run as provided
in paragraph 5.01 ofthe General Conditions (as revised in the Special Conditions if
applicable), and completed and ready for Final Payment within one-hundred fifty
(150) calendar days from the date when the Contract Time commences to run. No
work will be allowed on Sundays.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is
not completed within the times specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 5 of the General Conditions.
OWNER and CONTRACTOR also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration preceding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring
any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred
dollars ($200.00) for each day that expires after the time specified in paragraph 3.1
Revised OS/2007 00500 - 1 of 7
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
for Substantial Completion until the Work is substantially complete. After
Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete
the remaining Work within the time set out in the Certificate of Substantial
Completion or any proper extension thereof granted by OWNER, CONTRACTOR
shall pay OWNER two-hundred dollars ($200.00) for each day that expires after the
time specified in the Certificate of Substantial Completion for completion and
readiness for Final Payment.
3.3
Inspection Time. Working hours for the Pearland Inspection personnel are from
7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays.
The Contractor shall notify the OWNER of any required inspection overtime work
at least 48 hours in advance and shall pay the overtime wages for the required City
inspections.
Article 4.
CONTRACT PRICE
4.1
OWNER shall pay CONTRACTOR for completion of the Work in strict
accordance with the Contract Documents in current funds $723,209.90 (the
"Contract Price").
The Contract Price includes the Base Bid and No alternatives, as accepted by
OWNER and as shown in Document 00300 - Bid Proposal.
Article 5.
PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0
"Measurement and Payment" of the General Conditions. Application for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER as provided below. All progress payments will be
on the basis of the progress of the Work and actual quantity of Work completed, in
accordance with Article 6 "Measurement and Payment" of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage or actual quantity of Work complete, but, in
each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with the General Conditions. The OWNER shall make payment
within 30 days of receipt of application for payment by the ENGINEER.
5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06
of the General Conditions, and further less all previous payments and all
further sums that may be retained by the OWNER under the terms of this
Agreement. It is understood, however, that in case the whole work be near
to completion and some unexpected and unusual delay occurs due to no
fault or neglect on the part of the CONTRACTOR, the OWNER may upon
written recommendation of the ENGINEER pay a reasonable and equitable
Revised OS/2007 00500 - 2 of 7
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
portion of the retained percentage to the CONTRACTOR, or the
CONTRACTOR at the OWNER's option, may be relieved of the obligation
to fully complete the Work and, thereupon, the CONTRACTOR shall
receive payment of the balance due him under the contract subject only to
the conditions stated under "Final Payment."
5.2
Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 6.08 of the General Conditions, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER as provided in said paragraph
6.08.
Article 6.
INTEREST
Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in
accordance with the provisions of Chapter 2251 of the Texas Government Code, as
amended.
Article 7.
CONTRACTOR'S REPRESENT A nONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance, or furnishing of the
Work.
7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of
explorations, investigations, and tests of subsurface conditions and drawings of
physical conditions of the site. Such technical reports and drawings are not
Contract Documents, and Owner makes no representations or warranties as to the
accuracy of such documents or information, or to whether or not they are complete,
comprehensive, or all-inclusive.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, and studies (in addition to or to supplement those
referred to in paragraphs 7 .2 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the Work, and CONTRACTOR assumes the risk
ofsuch subsurface and physical conditions, and shall furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents; and no additional examinations,
investigations, explorations, tests, reports, and studies or similar information or data
are or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract documents with respect to existing underground facilities
at or contiguous to the site and assumes responsibility for the accurate location of
Revised OS/2007 00500 - 3 of 7
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
said underground facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect of said
underground facilities are or will be required by CONTRACTOR in order to
perform and finish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
7.5
CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions
of the Contract Documents.
7.6
CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies in the Contract Documents of which Contractor knew or should have
known, and CONTRACTOR shall perform the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including any written resolution of any such conflict, error or
discrepancy by ENGINEER.
Article 8.
CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following, each of which are
incorporated herein by reference:
8.1 Standard Form of Agreement (Section 00500).
8.2 Performance, Payment, Maintenance Bonds (Sections 00610, 00611, and 00612).
8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1
Workers' Compensation Insurance Coverage, Attachment No.2 Agreement for
Final Payment and Contractor's Sworn Release, and Attachment No.3 Owner's
Insurance Requirements of Contractor.
8.4 Special Conditions of Agreement (Section 00800).
8.5 Plans, consisting of sheets numbered 1 through 18 inclusive with attachments with
each sheet bearing the following general title: 16-lnch Waterline Along FM 1128
(Manvel Rd.)
8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any
Addenda referenced therein.
8.7 Technical Specifications for the Work.
8.8 The following, which may be delivered or issued after this Agreement becomes
effective: Any Change Orders or other documents amending, modifying, or
supplementing the Contract Documents in accordance with the General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in the
Revised OS/2007 00500 - 4 of?
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
General Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and
Interpretations" of the General Conditions will have the meanings indicated in the
General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representative to the other party hereto, its partners, successors, assigns
and legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from
Substantial Completion against defects in materials and workmanship.
CONTRACTOR agrees to repair or replace any defective work within this warranty
period in an expeditious manner at no additional cost to OWNER.
9.5 The Work will be completed according to the Contract Documents and in
accordance with codes, ordinances, and construction standards of the City of
P earl and, and all applicable laws, codes and regulations of governmental
authorities.
9.6 In the event any notice period required under the Contract Documents is found to
be shorter than any minimum period prescribed by applicable law, the notice period
required shall be construed to be the minimum period prescribed by applicable law.
9.7 This Contract and the Contract Documents, insofar as they relate in any part or in
any way to the Work undertaken therein, constitute the entire agreement between
the parties hereto, and it is expressly understood and agreed that there are no
agreements or promises by and between said parties, except as aforesaid, and that
any additions thereto or changes shall be in writing.
9.8 The provisions of this Contract shall be applied and interpreted in a manner
consistent with each other so as to carry out the purposes and the intent of the
parties, but if for any reason any provision is unenforceable or invalid, such
provisions shall be deemed severed from this Contract and the remaining
provisions shall be carried out with the same force and effect as if the severed
provision had not been part of this Contract.
Revised OS/2007 00500 - 5 of 7
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
9.9 The headings of the paragraphs are included solely for the convenience of reference
and if there is any conflict between the headings and the text of this Contract, the
Contract text shall control.
9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent
breach of the same or any other provision hereof. Failure by the OWNER in any
instance to insist upon observance or performance by CONTRACTOR shall not be
deemed a waiver by CONTRACTOR of any such observance or performance. No
waiver will be binding upon OWNER unless in writing and then will be for the
particular instance only. Payment of any sum by OWNER to CONTRACTOR with
knowledge of any breach or default will not be deemed a waiver of such breach or
default or any other breach or default.
9.11 The CONTRACTOR acknowledges that the OWNER (through its employee
handbook) considers the following to be misconduct that is grounds for termination
of an employee of the OWNER: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked, mishandling
or untruthful reporting of money transactions, destruction of assets, embezzlement,
accepting materials of value from vendors, or consultants, and/or collecting
reimbursement of expenses made for the benefit ofthe OWNER. The
CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of
the OWNER to engage in such misconduct.
Revised OS/2007 00500 - 6 of 7
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and one to
CONTRACTOR.
This Agreement will be effective upon execution and attestation by authorized representatives of
the City of Pearl and and upon the following date: November 26 , 20~.
OWNER:
CITY OF PEARLAND
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Date: II/dO /0 7
By:
Title: Ci ty Manager
Date: 11 -/6-07
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END OF SECTION
Revised OS/2007
00500 - 7 of7
November 2, 2007
Exhibit
Resolution No. R2007 -180
W42065
Ms. Jennifer Lee, Project Manager
City of Pearl and
3519 Liberty Drive
Pearland, TX 77581
Attn: Jennifer Lee
Re: Bid Tabulation for 16-lnch Waterline Along FM 1128 (Manvel Road)
City of Pearland, TX
COP PN: W42065
Bid No.: 1008-002
Pate Job No. 1717-001-00
Dear Ms. Lee:
Pate Engineers, Inc. has reviewed the bids for the above-referenced project.
The bidders ranked as follows:
No.1 Matula & Matula 1$ 723,209.90
NO.2 Pace Services 1$ 778,107.00
NO.3 C.E. Barker L$ 875,634.87
Bidding Corrections
Matula & Matula - Lowest bidder. Total for Bid Item 3 should be changed from $1,200.00 to
$12,000.00. Total for Bid Item 18 should be changed from $1,800.00 to $10,800.00. However; these
errors had no affect on total bid price.
Pace Services - Total Base Unit Prices - Base Bid Items not included but should be $769,507.00.
Upon review of the Matula & Matula's bid, there was no unbalance of bid items.
Based upon the information submitted, Matula & Matula was the apparent low bidder with a total bid of
$723.209.90. It is our recommendation thai the award be made to this contractor.
If you have any questions or require further information, please feel free to call me (713) 462-3178.
Sincerely,
~.H...~~
Keith R. Davis, P.E.
Senior Project Engineer
Enclosures
J:\1700\171700100 Cit)' of Pearl and 16 Inch WI.. PM 1128\4.50 CPS\0.50 Bid Tub\Low l3id RecOllllllendation Letler.doc
HOUSTON. 13333 Northwest Freeway. Suite 300 . Houslon, Texas 77040 . T: 713.462.3178 F: 713.462,1631 Toll Free: 866.533.PATE (7283)
www.pateeng.com
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