Loading...
R2003-0096 07-28-03 RESOLUTION NO. R2003-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE PHASE I DEVELOPMENT OF THE ZYCHLINSKI OLDE TOWN PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for the Phase I development of the Zychlinski Olde Town Park, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Blue Ridge Services in the amount of $174,810.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the Phase I development of the Zychlinski Olde Town Park. PASSED, APPROVED and ADOPTED this the 28th day of Jul y , A.D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR r-.O 0 AGREEMENT BETWEEN OWNER AND CONTRACTOR On the Basis of a Stipulated Sum AGREEMENT made as of 9/8/03 BETWEEN the Owner: and the Contractor: City of Pearland, Texas Blue Ridge Services, Inc. In consideration of the mutual covenants existing between the parties, and the further consideration specifically set forth herein, the parties agree as set forth below. ARTICLE 1 STATEMENT OF WORK The Contractor shall perform all the work required by the Contract Documents prepared by James Carroll Kell - Landscape Architect, Inc., for Site Development for ZYCHLINSKI OLDE TOWNE PARK ARTICLE 2 CONTRACT PRICE The Owner shall pay the Contractor for the performance of the work called for under this Agreement, in current funds, subject to authorized additions and deductions as hereinafter stated, the sum of One Hundred Seventy Four Thousand Eight Hundred Ten and 00/100 ($174,810.00) dollars, A copy of the Contractor's bid is attached to and considered a part of this Agreement. ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION The Contractor agrees to begin work covered by this Agreement within fourteen (14) calendar days of the date of notification that the project is ready to proceed, weather permitting, unless otherwise directed in writing. The Agreement Between Owner And Contractor 1 Contractor further agrees to pursue the work regi~larly and diligently so as to complete the work, subject to authorized adjustments, within the following time: 120 calendar days from date of notice to proceed ARTICLE 4 PAYMENT FOR WORK As the work progresses, the Contractor shall submit to the Owner monthly Applications for Payment and shall receive progress payments from the Owner not to exceed ninety percent (90%) of the total contract price, such payment to be made on the basis of completed work upon certification by the Owner. Ten percent (10%) shall be withheld from each payment. Applications for Payment must be submitted to the Owner by the 10th of the month in order to be paid by the Owner by the 30th of the same month. Upon acceptance of the project by the Owner, the total Contract Price shall be paid within 30 days minus previous payments and any retainage amount stated in the Special Provisions of this Agreement. ARTICLE 5 CONTRACT DOCUMENTS The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in the General Conditions (Article 6). The Drawings which make up a part of the Contract Documents shall be those prepared for the aforementioned project (see Article 1) by James Carroll Kell - Landscape Architect, Inc. Specifically they are: Site Development for Zychlinski Olde Towne Park, Sheets L1 - L10, dated 1/30/03. ARTICLE 6 GENERAL CONDITIONS 1. Drawings, Specifications and Related Data ao Contract Documents The Contract Documents shall consist of the following component parts: This instrument, General Conditions and Supplementary Conditions, Technical Specifications, Drawings, any Addenda issued prior to this agreement, and all modifications issued by the Owner after execution of this agreement such as Change Orders and other written interpretations for changes in the work. The intent of the Contract Documents is that the Contractor shall furnish all labor, materials, equipment and services necessary for completion of the proposed work. Conflicts of Documents In the event any document which is a part of this Agreement is found to be in conflict with any other document which also is a part of the Agreement, the Contractor shall notify the Owner of such conflict for a determination as to the course of action to be followed. The decision of the Owner shall be binding. All materials and work called for on the drawings graphically or by notes shall be furnished and installed whether or not specifically mentioned in the Technical Specifications. Should there be specifications for materials or work which are neither shown on the bid proposal, drawings (graphically or by note), nor implied thereby, such specifications should be deemed superfluous and may be disregarded. Agreement Between Owner And Contractor 2 eo Approvals All samples, shop drawings or schedules required for approval shall be furnished by the Contractor as directed subject to approval by the Owner. The work shall be done in accordance with these approved items, and the other Construction Documents as enumerated herein. Surveys, Permits and Regulations Unless otherwise specified, the Owner shall furnish all surveys at his expense. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified to achieve proper conformity. Permits, licenses, royalties, and lien fees necessary for the prosecution of the work shall be secured and paid for by the Contractor. Existing Conditions Existing conditions including surface features, soil boring data and any underground utilities shown on the plans and/or referred to in the specifications are for informational purposes only and shall not be deemed as part of the plans and specifications. The Contractor shall make an examination of the site of the proposed work and completely familiarize himself with the nature and extent of the work to be encountered. No extra compensation will be allowed for any work made necessary by unusual conditions or obstacles encountered during the progress of the work which conditions or obstacles are readily apparent upon a visit to the site. The Contractor shall notify the Owner of any discrepancies between the plans and actual site conditions. The Contractor shall do nothing that would modify the operating condition of active utilities encountered in this construction. He shall contact all public utilities involved and have their representative locate their pipes, conduits, cables or other facilities before construction is started. The Owner and the Landscape Architect do not assume responsibility for location or disturbance of utilities or other existing features or conditions encountered on this project. Any replacement or relocation cost shall be the Contractor's responsibility, unless otherwise specified. 2. Owner & Contractor Relationship ao Access to Work It shall be the obligation of the Contractor to provide proper facilities to permit representatives of the Owner to observe the work during any stage of the construction. Owner's Responsibility & Authority All work shall be done subject to the approval of the Owner. All decisions and questions which may arise as to the quality or acceptability of materials furnished, work performed, progress of the work, interpretation of drawings and specifications, and all questions as to acceptable fulfillment of the Agreement by the Contractor shall be made by the Owner. The Owner reserves the right to reject and require the replacement of any sub-contractor selected by the Contractor or to require the Contractor to terminate the services of any sub-contractor whose performance is deemed inadequate and detrimental to the job as a whole. Employment of subsequent sub-contractors shall be subject to approval by the Owner. Agreement Between Owner And Contractor 3 de All claims of the Contractor shall be made to the Owner for decision. All decisions of the Owner shall be made in writing within a reasonable time and shall be final except where time and/or financial considerations are involved, which considerations shall be subject to arbitration. The procedure of arbitration shall be the standard form of arbitration procedure of the American Arbitration Association. The Contractor shall not cause a delay of the work during any arbitration proceedings except by agreement with the Owner. Separate Contracts The Owner reserves the right to let other contracts in connection with the work under this Agreement. The Contractor shall provide reasonable access and opportunity for the other contractors to do their work and shall fit, connect and coordinate his work with theirs so as not to cause them or him any undue delay or impediment to the prompt and proper performance and completion of the work by each. Owner's Right to do Work The Owner, without prejudice to any other right or remedy he may have, shall have the right to prosecute the work in the event the Contractor fails to perform the work properly or fails to perform any provisions of the Agreement. A prerequisite of such action by the Owner shall be three days written notice to the Contractor. The amount charged the Contractor for making good such deficiencies shall be approved by the Owner and may be deducted from payments then or thereafter due the Contractor. Owner's Right to Terminate Contract In the event of any default by the Contractor, the Owner, without prejudice to any other right or remedy he may have, shall have the right to terminate the employment of the Contractor after giving the Contractor seven days written notice. Such notice of termination shall be subsequent to default by the Contractor and after receiving written notice from the Owner certifying cause for such action. It shall be considered default by the Contractor whenever he shall: 1) Declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors. 2) Violate or disregard important provisions of the Agreement or instructions from the Owner. 3) Fail to prosecute the work according to the agreed Schedule of Completion, including amendments and/or modifications thereto. 4) Fail to provide a qualified superintendent, competent workmen or sub-contractors, or proper materials, or fail to make prompt payment thereof. Upon termination, the Owner may take possession of the premises and of all materials, tools, equipment and appliances thereon and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. In case the statement of accounts shows that the cost to complete the work including compensation for additional landscape architectural, managerial, and administrative services, is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of the Agreement, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay to the Owner the difference. Agreement Between Owner And Contractor 4 Contractor's Right to Stop Work or Terminate Contract Upon the occurrence of any of the situations enumerated hereunder, the Contractor shall have the right to terminate the Agreement and recover from the Owner payment for all work executed including any proven loss sustained upon any equipment or materials and reasonable profit and damages, provided that seven day written notice is given to the Owner: 1) If the work should be stopped under order of any court or other public authority for a period of thirty days through no fault of the Contractor or of anyone employed by him. 2) If the Owner should fail to issue any Certificate of Payment, through no fault of the Contractor, within seven days after formal request by the Contractor for payment. 3) If the Owner should fail to pay the Contractor within the payment period specified in the Agreement or within seven days after a Board of Arbitration has made an award. go Correction of Work All work and materials condemned by the Owner as failing to comply with the Contract Documents shall be promptly removed, replaced, and/or re-executed by the Contractor to bring it into compliance with the requirements. This shall be done at the expense of the Contractor without cost to the Owner and shall include making good all work of other contractors destroyed or damaged by such removal or replacement. he Liens Before final payment is made, the Contractor shall furnish the Owner with a full release of liens signed by all sub-contractors and material suppliers associated in any way with the work. These liens shall be accompanied by a notarized affidavit (sworn statement) to the effect that all claims of any character pertaining to the performance of the Contract, including sub-contractors, material suppliers and labor have been paid in full and that the acceptance of final payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the Agreement. 3. Insurance And Protection The Contractor shall secure and maintain insurance coverages, in the amounts required and/or stipulated in the Special Provisions of the Agreement, protecting him from claims under workmen's Compensation and Employer's Liability Insurance as required by law, Public Liability, Bodily Injury including death, and Property Damage which may arise in the course of carrying out the work under this Agreement. Certificates of such insurance shall be filed with the Owner before commencing any of the work under this Agreement. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. The Contractor shall save harmless the Owner from and against any and all losses and/or claims brought or recovered against the Contractor or his sub-contractors by reason of any error, omission or act of the Contractor, his agents or employees in the execution of the work or the guarding of it. The Owner may, at his own expense, obtain and maintain such insurance as will protect him from possible contingent liability to others for damages because of bodily injury or death, which may arise from operations under the Agreement, and any other liability for damages which the Contractor is required to insure against under provision of the Agreement. Agreement Between Owner And Contractor 5 4. Changes in the Work o If and as the need arises, the Owner may order in writing changes and/or extra work without invalidating the Agreement. At the time of ordering such changes, additions, deletions, or modifications, the amount or method of compensation and any adjustment in the time of completion shall be determined and stipulated in writing. Payments ao Method of Payment Payments shall be made in accordance with the schedule specified in the Agreement. The payment of the final amount owing the Contractor shall constitute a waiver of all claims by the Owner except: 1) Claims arising from failure to comply with the plans and specifications. 2) Claims arising from faulty work or materials appearing after substantial completion. 3) Claims arising by virtue of any special guarantee specified in the Agreement. 4) Claims of the Owner previously made against the Contractor but as yet unsettled. The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by the Contractor except claims previously made by the Contractor but as yet unsettled. If the Owner should fail to pay the amount stated in any Certificate of Payment or in any award by arbitration, the Contractor shall receive in addition to the amount certified to, interest thereon at the legal rate at the place of the work. be Payment Withheld Any part or the whole of any payment may be withheld by the Owner to the extent he deems necessary and reasonable should the Owner discover evidence of: 1) Defective work not corrected. 2) Claims filed against the Contractor. 3) Reasonable evidence indicating probable filing of claims against the Contractor. 4) Failure of the Contractor to make proper payments to sub-contractors or for material or labor. 5) A reasonable doubt that the Contract can be completed for the then unpaid balance. 6) Unsatisfied damage to another Contractor. 7) Unsatisfactory progress of the work by the Contractor. When the above grounds are removed, the amount withheld because of them shall be paid to the Contractor, subject to and within the other terms of this Agreement. Agreement Between Owner And Contractor 6 6. Special Provisions a. Insurance The Contractor shall maintain in effect during the course of the project insurance in the minimum amounts as follows: Workmen's Compensation: $100,000 Comprehensive Auto Liability: Bodily injury (each person, each occurrence), property damage - $300,000 Comprehensive General Liability: Bodily injury (each person, each occurrence, aggregate operation), property damage - $2,000,000 Each of the above insurance policies carried by the contractor or sub-contractor shall provide for thirty (30) days advance written notice in the event of cancellation or a change in the terms thereof and provide for notice to Owner in the event of cancellation or change in the terms thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first above written. OWNER CompanyName: City of Pearland By: Title: City Manager CONTRACTOR CompanyName: By: Title: Agreement Between Owner And Contractor 7 Monday, July 21, 2003 8:50 AM Marc Miller 2814371152 p, 02 To: Greg Moore Pearland Parks Dept. %e• Changes to hid as ofJuy18, 2003 for Zychlmski Park Additions: Irrigation pedestal and additional main line Electrical panel revisions for security Add 2 culverts at north west corner Changes to basketball court expansion Joints Addition of 72 square feet of safe LUDG Total for additions Deletions: Delete fence as alternate Delete ladder from playground Delete sidewalks (2) to college on south side Total for deletions Difference in additions and deletions 1690.00> Net change to bid arnotmt $174,810.00 Respectfully submitted; Mare Miller Blue Ridge Services, Inc 800.00 150.00 300.00 350.00 850.00 $2450.00 1700.00 1200.00 1240.00 $4140.00