R2001-0160 11-12-01 RESOLUTION NO. R2001-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE BUILD-OUT OF THE CITY HALL
BUILDING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for the build-out of the City Hall Building,
and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Piedmont Contractors
in the amount of $238,761.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for the build-out of the City Hall Building.
PASSED, APPROVED and ADOPTED this the 12 dayof November ,
A.D., 2001.
ATTEST:
c~~NsGE~R ETA RI:(FC~C~y - ~:~ /
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
Exhibit
Resolution No. R2001-60
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City"), and Piedmont Contractors, Inc. (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant:
Description of Services:
Maximum Contract Amount:
Contract Begins:
Contract Ends:
Attachments:
Piedmont Contractors, Inc.
Construction Services Associated with City Hall Build-out
$238,761.00
Upon Execution
Upon Termination
City Hall Build-out Terms and Conditions
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the
City. Statements for services shall not be submitted more frequently than monthly.
3. Term and Termination. This Contract term will begin upon execution by both
parties. Either party may terminate this Contract at any time provided that the
terminating party gives 60 days' advance notice to the other party via certified mail to
that party's last known address. The City shall pay the Consultant for all services
rendered to the date of termination.
4. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of
every kind, including all expenses of litigation, court costs, and attorney's fees, for injury
to or death of any person, or for damage to any property, arising from or caused by any
act or omission of Consultant, its officers, employees, agents, or subcontractors, in
performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. Modifications. City without invalidating the Contract, may order changes within
the general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
7. Conflicts. In the event of a conflict between the attachment and this contract, the
language in the attachment shall govern, but only to the extent of such conflict.
8. Law Governinq and Venue. This Contract shall be governed by the law of the
State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
9. Entire Agreement. This Contract represents the entire agreement between the
City and the Consultant and supersedes all prior negotiations, representations, or
contracts, either written or oral. This Contract may be amended only by written
instrument signed by both parties.
10. Dispute resolution procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract.
To accomplish this, the parties agree to mediation as follows: If a dispute arises out of
or relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE this the .,2~¢'4 day of ./¢-¢',¢m~¢,,- ,2001.
ATTEST:
Melinda K.- Welsh
Deputy City Secretary
APPROVED AS TO FORM:
~a~!n M. Cci',
........... '"'"-"
City Attorney
CITY OF PEARLAND
Ei~l Eise'n
City Manager
PIEDMONTCONTRACTORS, INC.,
CONSULTANT
Tit~: ~ ~ ~
2
STATE OF TEXAS §
· §
COUNTY OF ,/~,~_.,/4z/).~Z._,,t_, §
/~. B. EFOR...E ME, the undersigned Notary Public, on this day personally appeared
¢J1~'.~,.,.,., ~¢,),¢,¢.,4 , known to me to be the person whose name is subscribed
to th~-f~)regoir~g instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF
J/'!,C)2/_~c.-~.~t_. , A.D., 2001.
OFFICE THIS
DAY OF
Commission Expires 8-31-02
NOTARY PUBLIC IN ANDC=OR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
STATE OF TEXAS §
COUNTY OF ~ ~FfZ ~ ~)Y [(-A.§ §
I~EFOR~.ME, the undersigned Notary Public, on this day personally appeared
~Jr]r, ,12J~q,t CI I¢~1 Ct , known to me to be the person whose name is subscribed
to thc; f~)reg0lng' instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
s,^, o, omc, T, S
GIVEN UNDER MY HAND AND
~k,~ t~ V~'~ ~9C/~ , A.D., 2001.
NOTARY POBLI(~ I-N AND FOR THE
STATE OF TEXAS
~. '~ .' .- MY COMMISSION EXPIRES
Printed Name: ~l~r ~A_ '~¢,.~
My Commission Expires:Jt~b(/{,I l~(.'¢~90~
3
Build-Ou! Terms & Conditions Page I of 4
Ci'~ty of Pearland
City Hall Build-Out
9-29-01
Scope of Project:
The intent of this Specification and Drawings is to describe the complete work to
be performed under the Contract. The Build-out is of the areas located on the first
floor (Utility Billing, Municipal Courts & Restrooms), second floor (formerly
Inspections/Engineering & Restrooms) and third floor (Finance City Manager and
Legal & Restrooms) of City Hall, 3519 Liberty Dr., Pearland Texas 77581.
The Contractor shall provide and pay for all materials, supplies, equipment, and
labor under this specification needed to complete the construction of the building
project, including moving existing and providing any additional, water lines HVAC
ducts, electrical fixtures and switching gear etc. Contractor will utilize as much
existing material as possible. See drawings for additional information.
General:
1.
The drawings, in many instances, are schematic and do not define exact locations
of every part and/or piece of equipment. It is the Contractors responsibility to
determine the exact positions of each part by "on the job" measurements and
drawings from equipment suppliers.
Contractor will perform work in accordance with codes of all National, State of
Texas and Local authorities having jurisdiction over the project. It is assumed that
the Contractor is informed as to all applicable code requirements or regulations in
effect, and has examined the drawings and specifications, and no increase in the
contract price will be made because of any discrepancies that may exist between
the drawings and specifications.
Additions and Alteration Work: Old Work cut, altered or temporarily removed
and replaced, and all work remaining in place but damaged or defaced by reasons
of the work done under this contract will be restored to its original condition. If
removal of existing work exposes discolored or unfinished surfaces, or work out of
alignment, or unsuitable materials, such as surfaces will be refinished or materials
replace as necessary to make the work uniform.
Permits, Fees and Notices: Contractor will be required to pull appropriate building
permits from the City's Inspection Department, 3523 Liberty Drive, Pearland
There will be NO CHARGE for the permit.
Assignment: The Contractor may not assign any of the rights under or interest in
the contract or sublet it as a whole or part without the written consent of the
Owner.
Build-Out 'Fenns & Conditions Page 2 of 4
Inspection: The Contractor shall furnish the Owner with every reasonable facility
for ascertaining whether or not the work as performed is in accordance with the
requirements and intent of the specifications, drawings and the Contract.
Insurance Requirements: (certified copy to be submitted with bid). The contractor will not
commence work under this Contract until he has obtained insurance of the type and for the
amounts as follows and has filed same with the City. Approval of the insurance by the City shall
not relieve or decrease the liability of the Contractor or Sub-Contractors.
Workman's Compensation
Employer' s Liability
Comprehensive General Liability
1. Bodily Injury
2. Property Damage
Comprehensive Automobile Liability
I. Bodily Injury
2. Property Damage
Owner's Protective Liability Insurance Policy
naming the City, its employees as insured with:
1. Bodily Injury
2. Property Damage
All insurance shall set forth that the insurance
carrier will not cancel or materially alter the
insurance until after ten (10) days written notice
to the Owner
Statutory
$500,000
$1,000,000
Each Person
$1,000,000
Each Occurrence
$500,000
Each Person
$500,000
Each Occurrence
$1,000,000
Each Occurrence
$1,000,000
Aggreg~e
$500,000
Each Occurrence
$300,000 $500,000
Each Person Each Occurrence
$100,000 $300,000
Each Occu~ence Aggregme
Bonds: Within ten (10) days after written notification of award of contract, the successful bidder
shall execute and file with the City a Contract and Performance and Payment/Maintenance bond in
the full amount of the Contract price, the bonds to be executed by a Surety Company authorized
and admitted to do business in this state and licensed by this state to execute bonds as surety in
accordance with Article 7.19-1, Vemon's Texas Insurance code. All bonds must cover sub-
contractors. Bonds will be a guarantee of the faithful performance of the Contract and the
payment of all obligations, which may be incurred for material and labor, used in the performance
of the work. The Contract will be executed on behalf of the City.
Bid Bond: no bond required for this bid
2. Performance bond: projects in excess of $100,O00
3. Payment bond: projects in excess of $25,000
Sub Contractors: Sub Contractors are required to carry appropriate insurance or be covered
Build-Oul Temls & Conditions Page 3 o1'4
under the Prime Contractor coverage.
Abandonment of Work or Default of Contract: If the Contractor fails to begin or complete
the work within the promised delivery time; fails to perform the work with sufficient workmen
and equipment; or shall perform the work unsuitably; or shall neglect or refuses to remove
materials or perform anew such work as may have been rejected as being defective or unsuitable;
or shall discontinue the prosecution of the work without authority; or shall become insolvent or be
declared bankrupt; or shall commit any act of insolvency or bankruptcy; or shall make an
unauthorized assignment for the benefit of any creditor; or for any other cause whatsoever shall
not carry on the work in an acceptable manner, City may give written notice to the Contractor
and his Surety of such delay, neglect, or default, specil~ing same. If the Contractor within a
period of ten (120) days after such notice of default to the Surety Company issuing the
performance bond shall not proceed to correct and remedy the conditions specified then the
Owner shall give written notice of default to the Surety Company issuing the performance bonds
and said Surety Company shall then assume full responsibility for completion of the contract in an
acceptable manner and in fulfillment of the Contract.
Scope of Payment: The Contractor shall accept the compensation, as provided in the Contract,
in full payment fro furnishing all materials, supplies, labor, tools, and equipment necessary to
complete the work under the contract. The payment of any current or partial estimate shall in no
way affect obligation of the Contractor to repair or renew at his own cost, any defective parts of
the construction and to be responsible for all damages due to such defects if such defects or
damages are discovered on or before the final inspection and acceptance of the work.
Adjustments For Changes in Work: No change in the work shall be made without having prior
written approval of the Owner. The Owner and the Contractor shall determine charges or credits
for the work covered by the approved change.
Partial Payment: The Owner once each month will make an approximate estimate in writing of
the materials in place and the amount of work performed and the value thereof. From the total
amount so ascertained will deducted ten percent (10%) to be retained until after the completion
and acceptance of the entire work. In addition to the above, upon presentation of copies of
invoices, an estimate shall be made for payment of ninety percent (90%) of the value of acceptable
nonperishable materials which are to be incorporated in the work and which have been delivered
at the site of the work and have not yet been incorporated in the work. Progress payment may be
held to protect the Owner's interest for unsatisfactory work or failure to meet the requirements of
the Contract.
Guarantee: the contractor, before final payment is made, shall furnish to the Owner a One (1)
Year Maintenance Bond in the amount of One hundred percent (100%) of the construction cost
to insure that the work performed under the Contract is fee from faulty materials and
workmanship and will remain fee from faulty materials and workmanship for a period of one year
from the date of acceptance by the Owner.
Work Area Clean Up:
Budd-Ou! Temps & Conditions Page 4 o1'4
Contractor will utilize appropriate screening material to keep dust and noise from
escaping to non-construction areas.
Contractor will clean up daily work area and dispose of debris in appropriate
container supplied by the contractor. All debris will be disposed of in a certified
landfill.
Contractor will install temporary structures as necessary; keep open and clean
public walk areas used by the public doing business in the building during business
hours.
Final clean up: Upon completion of work and before acceptance and final payment
is made, the Contractor shall remove all rubbish and temporary structures, restore
in an acceptable manner all property both public and private, which has been
damaged during the prosecution of the work and leave the site of the work in a
neat and presentable condition throughout.