R78-31 08-14-78THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
i
The City Council of the City of Pearland, Texas, convened
in regular meeting, oper to the public, on the 14th day of
August, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of. the City Council
and the City Secretary/of the City, to -wit:
Tom Reid
Dennis Frauenberger
Harry Farley
Fran Coppinger
Morris S. Wilson
Carlton McComb
Dorothy L. Cook
and all of said persons were
sentees: Awe=�
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Secretary
present, except the following
ab -
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said meeting: a written resolu-
tion entitled:
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full. It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote:
AYES: All members of the City Council shown
present above voted "Aye".
NOES: None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows:
RESOLUTION R78-31
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City"), by resolution adopted February 27, 1978, found
that it was necessary and desirable for the City to construct
and equip public works for the City, to -wit: swimming pools
and appurtenances, and that certificates of obligation should
be issued by the City for all or any part of the cost of same;
and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts, for such construction and equipment would be let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS,
to P. G. BELL
the amount of
the City Council thereafter awarded a contract
COMPANY, Houston, Texas (the "Contractor") in
$453,873.00 (the original amount of $493,000.00
having been reduced to $453,873.00 by Change Order No. 1, a
true copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes), as the lowest and best bid
for the furnishing of such construction and equipment and the
Contractor at the time of the receipt of such bid elected to
assign such
cost of the
by the City
certificates in payment for
contract in accordance
Council; and
with
all
the
or any part of the
arrangements made
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 2, attached hereto as Exhibit "B" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorizedto be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials,
apparatus, fixtures, machinery or labor furnished to the Con-
tractor as provided by Chapter 17, Acts of the Legislature of
Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes),
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS, said claim has been assigned to Pearland State
Bank, Pearland, Texas, without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the.City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "B" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P. G. Bell Company $165,000.00 $520.30
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND; TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2. Change Order No. 1 relating to the contract
of the City with P. G. Bell Company, and mentioned in the pre-
amble of this resolution as Exhibit "A" hereof, is hereby
approved, readopted and ratified.
-2-
Section 3. The claim described in the preamble of this
resolution and fully set forth in Exhibit "B" mentioned in said
preamble shall be, and the same is hereby, approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas.
Section 4. There is now due and owing to said bank the
sum of $165,000.00 and to the Contractor the sum of $520.30.
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 2 through 34, aggregating $165,000, of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978, and the sum of $520.30 shall be carried
forward to the next delivery of such Certificates to the Con-
tractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials, are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 14th day of Augus1978.
ATTEST:
City Secretar
CITY OF PEAT
(SEAL)`,
Mayor
CITY OF PEARLAND, TEXAS
-3-
•
•
•
EXHIBIT "A". •
•
ciiiC 1� C -; :. I� ® --
221 S. Gordon Alvin, Texas 77511
P. O. Box 1388-
713/331-4407-8
•
•
18 May 1978 .
Our File: GG-456
Re: Swimming Pool ; Pool
•
Building & Appurte-
nances in Independence
• Park, Pearland, Tx.
• CHANGE ORDER # 1
•
To: P. G. Bell Co. , Contractor •
P.O. Box 2651 •
Houston, Texas 77001
•
This Change Order # 1 on the above referenced project is made with the authorizaticn
from the City Council of the City of Pearland to change or delete from the original
. Plans on the swimming pool and pool building in order to reduce. the total contract
price. The changes are as follows:
I . Swimming Pool Revisions •
1. The area around the pool and for approximately 2 ft. to 3 ft. on the
inside of the swimming pool perimeter has been filled with compacted
fill approximately 2 ft. above the original grade. The total swimming.
pool shall now be raised approximately 2 feet including the bottom and •
all other things as shown in the original drawings pertaining to the
swimming pool itself, in order to eliminate any necessary well pointing
and to allow the pool to be built above. any water-bearing sand.
2. The underdrains shall be omitted in all of the swimming pool area that
is shallow, in other words will be underdrai,ns in the diving area or
deep area of the pool only as shown on the attached revised drawing
7 GG-456 SP2. •
3. The original 18 inch well has been changed to a 12 inch riser and located
just inside the decking near the pool as shown on sheet GG-456 SP2 attach-
ed.
-4. The six inch backwash line from the filters shall be rerouted to run be-
tween the childrens pool and the main pool and eliminate approximately
• 53 linear feet of 6 inch backwash line.
II. Plumbing Revisions •
1. The hot and cold water system shall be revised to be a tempered water
system. The tempered water will serve the showers and the lavatories.
•
CIVIL - ELECTRICAL - MUNICIPi\I, - PLANNING - STRUC;TUR,\1. - SI 'UVFYINC;
Exhibit "A" - Page 1
•
•
•
•
•
•
•
Each shower shall have 1 control only to adjust the amount of water,
but there will be no adjustment at the individual showers for the
• temperature of the water.
2. The cast iron wasteline as shown on the drawing shall be changed to
. heavy wall PVC line.
3. The carriers for the urinals as noted in the specifications shall be •
eliminated.
•
III. Millwork Revisions •
•
1. : As per the attached drawing GG-456 BH1 the formica screen and framing
and 4 x 4 posts will be omitted and changed as shown. The well cabinet
will also be omitted and .a masonery screen wall will be extended to the
existing counter approximately 6 foot 8 inches in height. The check
counter .has been revised using standard counter and counter top with
1'Z inch return as shown on said drawing. All the shelving in the equip-
ment room will be on KV metal standards and brackets with 12 inch shelving
instead the built up shelf units as shown on the original plans. The red-
wood benches will be constructed of 2 x 6 with overall, dimensions of the
benches being 17-1/4 inches , 23 inches and 34-1/2 inches as shown on the
attached drawing GG-456 BH1. Also there are other benches that will be
revised to approximately 11-1/2 inches in width in the mien's dressing
room.
IV. Pool Decks
1. The pool decks have been revised according to the attached drawing GG-456 SP5
eliminating over 2,000 square feet of area.
•
V. Post Tension Slab •
1. The foundation shall be revised from the standard reinforced concrete slab
and beam as shown on the original drawings to a complete post-tension slab
and foundation. The contractor shall submit the necessary shop drawings
for approval by the Engineer—on this revised slab foundation
These revisions to the Plans & Specifications will result in a total deduction from
the contract bid price of $39,427.00. This results in a total contract price for the
swimming pool and pool building & appurtenance of $417,973.00, and including the parking
area of $35,900.00 will reset in a complete total contract price in accordance with
Contract dated 8 May 1978 og, $453,873.00, This Change Order supercedes, replaces and
revises the original Plans, Specifications and Contract Documents and will •form a part
of the same.
Prepared •& Approved By: •
•
COENCO, Inc.
Consulting Engineers
•
By
tMMalcolm A. Collins, P.E.
APPROVED & ACCEPTED BY: APPROVED & ACCEPTED BY:
•
CONTRACTOR OWNER
P. G 11 Co. CITY OFPEARLAND ,
By / •
Paul G. . Bell , res. Tom Reid, Mayor
•
•
•
Exhibit "A" - Page 2
•
EXHIBIT "B"
Claim No. 2 Dated: August 14, 19.78
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453, 873 . 00 , between the City and the Contractor:
1. Total completed to date • $189 , 467 . 00
•
2 . Less 10% retainage 18 , 946 . 70
3 . Less previous payments 5, 000 . 00
4. Current payment due 165, 520 . 30
5. Amount to be paid Contractor by issuance
of Certificates of Obligation 165, 000 . 00
6. Carry-over to next claim 520 . 30
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $165, 000 . 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
. - P. G. g ► COMPANY
- By ii
-!'- = r uthori ed Representative)
(SEAL-)= _ ��
(Title)
•
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in. all things approved for payment by the City.
MALCOLM A. COLLINS , ENGINEER
By T .
•
` ''
1
DELIVERY CERTIFICATE
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
We, the undersigned, officers of the City Council of the City of
Pearland, Texas, certify that on the /g day of August, 1978 , we de-
livered to Pearland State Bank, Pearland, Texas , the following :
CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978 , numbered consecutively from 1
through 34, both inclusive, in the denomination of $5, 000
each, aggregating $170, 000 , bearing interest at the rate of
5 . 00% per annum, and maturing serially in their numerical
order on February 1 as follows :
$15, 000 1979 $20 , 000 1983
20 , 000 1980 20 , 000 1984
20 , 000 1981 25, 000 1985
20 , 000 1982 30 , 000 1986
We further certify that, to our knowledge, there is no litigation
in any court, either pending or threatened, seeking to restrain or
enjoin the issuance of said certificates , the levy of taxes for the
payment thereof, or attacking the validity of said certificates or the
proceedings relating thereto, or the authority of the City to issue
the same or questioning or contesting the title of the present officer:_;
of said City to their respective offices . We further certify that none
of the proceedings authorizing the issuance and delivery of said cer-
tificates have been repealed or rescinded; and no referendum petition
has been filed with respect thereto.
WITNESS our hands and the official seal of said City as of the
date shown above.
City--Ti as rer Mayor
(CITY SEAL) _ •
y Secretary
The foregoing signatures of the Mayor, City ecretary and City
Treasurer of the City of Pearland, Texas, are hereby certified to be
genuine.
PEARLAND STATE BANK
Pearland, xas
n ure o Officer)
(BANK SEAL) (� Pres eCtiSh ter
(Title of Officer)
We hereby acknowledge receipt of the certificates described above,
which certificates constitute full payment of our claim against said
City in the amount of $170 , 000 , said claim having been assigned to us,
without discount, by P . G. Bell Company.
PEARLAND STATE BANK
Pearland exas
BY
(Sig ture of Officer)
(BANK SEAL) ( Pres C Sh!C r
(Title of Officer)
. ACKNOWLEDGMENT OF NOTICE OF SPECIAL
MEETING; WAIVER AND RATIFICATION
•
THE STATE OF TEXAS §
COUJNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I acknowledge that I received timely and sufficient notice
of the special meeting of the City Council of the CITY OF
PEARLAND held on the 17th day of July, 1978 , at which a
resolution approving claim and authorizing the issuance of
Certificates of Obligation was adopted; and I hereby waive
any and all defects and irregularities, if any, relating to
such notice; and I hereby ratify, adopt, and confirm all
proceedings had by said City Council at said meeting.
WITNESS MY •HAND this lL day o ,ugust,
IS F ENBERGER
•
CERTIFICATE FOR RESOLUTION APPROVING CHANGE ORDER AND CLAIM
AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City") , do hereby certify .as follows :
1. •That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes, is attached to and follows such excerpt.
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting .
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance, to the
holding of such meeting to consider and act upon such subject.
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was; posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by .the Open Meetings Act,
Article 6252-17 , Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 14th day of August, 19 8 .
City c et ry Mayor
(SEAL)
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 14th day of
August, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the City Secretary of the City, to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons wer/e present, except the following ab-
sentees : 744-0>�/
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written resolu-
tion entitled:
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full. It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
•
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND -
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
•
THE STATE OF TEXAS §
' COUNTIES OF BRAZORIA AND HARRIS 5
. CITY OF , PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City") , by resolution adopted February 27 , 1978, found
that it was necessary and desirable for the City to construct
and equip public works for the City, to-wit: swimming pools
and appurtenances, and that certificates of obligation should
be issued by the City for all or any part of the cost of same;
and
• WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
•
contracts, for such construction and equipment would be. let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS, the . City Council thereafter awarded a contract
to P . G. BELL COMPANY, Houston, Texas (the "Contractor") in
the amount of $453 , 873 . 00 (the original amount of $493 , 000 . 00
having been reduced to $453 , 873 . 00 by Change Order No. 1, a
true copy of which is attached hereto. as Exhibit "A" and made
a part hereof for all purposes) , as the 'lowest and best bid
for the furnishing of such construction and equipment and the
Contractor at the time of the receipt of such lid elected to
assign such certificates in payment for all or any part of the
cost of the contract in accordance with the arrangements made
by the City Council; and •
• WHEREAS, the Contractor, as shown on a true copy of its
Claim -No. 2 , • attached hereto as Exhibit "B" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials ,
apparatus, fixtures , machinery or labor furnished to the Con-
tractor as provided by Chapter 17, Acts of the Legislature of
Texas , 1925 (Article 5472-a, Vernon' s Texas Civil Statutes) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS, said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "B" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW. CARRIED FORWARD
P. G. Bell Company $165, 000 . 00 $520 . 30
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2. Change Order No. 1 relating to the contract
of the City with P. G. Bell Company, and mentioned in the pre-
amble of this resolution as Exhibit "A" hereof, is hereby
approved, readopted and ratified.
-2-
Section 3 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "B" mentioned in said
preamble shall be, and the same is hereby, approved and allowed,
and. the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas.
Section 4 . There is now due and owing to said bank the
sum of $165, 000 . 00 and to the Contractor the sum of $520 . 30 .
Section 4 . There shall be executed and delivered to said
bank Certificates Nos . 2 through 34 , aggregating $165, 000 , of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978 , dated May 1, 1978., and the sum of $520 . 30 shall be carried
forward to the next delivery of such Certificates to the Con-
tractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 14th day of August, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND , TEXAS
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
•
EXHIBIT "A"
•
•
,--INC
CO . -- .
CONSULTING ENGINEERS \
221 S. Gordon Alvin, Texas 77511
P. O. Box 1388
•
713/331-4407-8
•
•
18 May 1978
Our File: .GG-456
• • Re: ,Swimming Pool , Pool
•
Building & Appurte-
nances in Independence
Park, Pearland, Tx.
•
•
CHANGE ORDER # 1
To: P. G. Bell Co. , Contractor
P.O. Box 2651
Houston, Texas 77001
•
This Change Order # 1 on the above 'referenced project is made with the authorization
from the City Council of the City of Pearland to change or delete from the original
. Plans on the swimming pool and pool building in order to reduce- the total contract
price: The changes are- as follows:
I. Swimming Pool Revisions
• 1. The area around the pool and for approximately 2 ft:. to 3 ft. on the
inside of the swimming pool perimeter has been filled with compacted
fill approximately 2 ft. above' the original grade. The total swimming
pool shall now be raised approximately 2 feet including the bottom and
• all other things as shown in the original drawings pertaining to the
swimming pool itself, in order to eliminate any necessary well pointing
and to allow the pool to be built above any water-bearing sand.
•
2. The underdrains shall be omitted in all of the swimming pool area that
. is shallow, in other words will be underdrains in the diving area or
• deep area of the pool only as shown on the attached revised drawing
GG-456 SP2.
3. The original 18 inch well has been changed to a 12 inch riser and located
just inside the decking near the pool as shown on sheet GG-456 SP2 attach-
ed.
•
4. The six inch backwash line from the filters shall be rerouted to run be-
• tween the childrens pool and the main pool and eliminate approximately
53 linear feet of 6 inch backwash line.
II. Plumbing Revisions
1. The hot and cold water system shall be revised to be a tempered water •
system. The tempered water will serve the showers and the lavatories.
•
•
CIVIL - ELECTRICAL - MUNICIPAL - PLANNING - STRUCT'URAl. - 5T'PV-T.VINC.
Exhibit "A" - Page 1
•
•
•
Each shower shall have 1 control only to adjust the amount of water,
but there will be no adjustment at the individual showers for the .
temperature of the water.
• 2. The cast iron wasteline as shown on the drawing shall be changed to _
heavy wall PVC line.
3. The carriers for- the urinals as noted in the specifications shall be
eliminated.
III. Millwork Revisions •
1. As per the attached drawing GG-456 BH1 the formica screen and framing
and 4 x 4 posts will be omitted and changed as shown. The well cabinet
will also be omitted and a masonery screen wall will be extended to the
existing counter approximately 6 foot 8 inches in height. The check
counter has been revised using standard counter and counter top with
112 inch return as shown on said drawing. All the shelving in the equip-
ment room will be on KV metal standards and brackets with 12 inch shelving
instead the built up shelf units as shown on the original plans. The red-
wood benches will be constructed of 2 x 6 with overall dimensions of the
benches being 17-1/4 inches, 23 inches and 34-1/2 inches as shown on the
attached drawing GG-456 BH1. Also there are other benches that will be
revised to approximately 11-1/2 inches in width in the men's dressing
room.
IV. Pool Decks
1. The pool decks have been revised according to the attached drawing GG-456 SP5
eliminating over 2,000 square feet of area. '
V. Post Tension Slab •
1. The foundation shall be revised from the standard reinforced concrete slab
and beam as shown on the original drawings to a complete post-tension slab
• and foundation. The contractor shall submit the necessary shop drawings
.for approval by the Engineer on this revised slab foundation •
These revisions to the Plans & Specifications will result in a total deduction from
the contract bid price of $39,427.00. This results in a total contract price for the
swimming pool and pool building & appurtenance of. $417,973.00, and including the parking
area of $35,900.00 will result in a complete total contract price in accordance with
Contract dated 8 May 1978 oT, $453,873.00, This Change Order supercedes , replaces and
revises the original Plans, Specifications and Contract Documents and will form a part
of the same.
Prepared & Approved By:
•
COENCO, Inc.
•
Consulting Engineers
'By:Malcolm A. Collins, P. E.
APPROVED .& ACCEPTED BY: APPROVED & ACCEPTED BY:
CONTRACTOR OWNER •
P. G :ell Co. CITY 0 PEARLAND /9
Paul G. .Bel l , res. Tom Reid, Mayor
•
•
Exhibit "A" - Page 2
EXHIBIT "B"
Claim No. 2 Dated: August 14 ,. 1978
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453 , 873 . 00 , between the City and the contractor:
1. Total completed to date $189 ,467 . 00
2 . Less 10% retainage 18 ,946. 70
3 . Less previous payments 5, 000 . 00
4. Current payment due 165, 520. 30
5. Amount to be paid Contractor by issuance
of Certificates of Obligation 165, 000 . 00
6. Carry-over to next claim 520 . 30
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $165, 000 . 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas .
P. G. BELL COMPANY
By
(Authorized Representative)
(SEAL)
(Title)
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City.
MALCOLM A. COLLINS , ENGINEER
By
(411
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND § •
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City") , to 'be held on the 14th day of August, 1978 , at
7 : 30 p.m. in the : •
City Hall -
• Pearland, Texas •
for the purpose of adopting a resolution approving claim and
authorizing issuance of Certificates of Obligation , Series 1978 ,
and for the purpose of conducting, considering and acting upon
such other business as shall come before the meeting.
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
. meeting and for the adoption of such resolution at the .meeting.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this //
day of August, 1978.
•
. /s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, 'TEXAS
•
(SEAL)
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
•
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I , the undersigned officer of the CITY 'OF PEARLAND,
Brazoria and Harris Counties , Texas (the "City" ) , do hereby'
execute this certificate for the benefit of all persons in-
terested in the :posting of notice of a meeting of the City
Council of the City as required by the Open -Meetings Act
(Article 6252-17; Vernon' s Texas Civil Statutes , as amended)
and-the validity ,of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City forthe office shown beneath my signature , and
in such •capacity I am familiar with the matters contained in
1 .
this certificate :
2 . The attached and foregoing is a true and correct.
copy of the Notice of Meeting which was posted by me at
31.51' o ' clock ; .m. on the 77 day of 21u7„5.F. , 1978,
in a place readily accessible to the general public at all
times, to-wit : j
in tfig` qt`,t liffff of the City .
WITNESS MY ';HAND AND THE OFFICIAL SEAL OF THE CITY, this
11 day of n, T,,s,r , 1978
if
(1-17-4;=;--
ty Secreta
.'. CITY OF PEA AND, TEXAS
(SEAL)
•
Fat,
k
VINSON & ELKINS
•
ATTORNEYS AT LAW
FIRST CITY NATIONAL BANK BUILDING
HOUSTON, TEXAS 77002 .
TELEPHONE 713 651-2222 TWX 9108816391 TELEX 762 146
47 CHARLES ST.BERKELEY SQUARE FORT WORTH NATIONAL BANK BLDG. 1701 PENNSYLVANIA AVE. N.W.,SUITE 1120
LONDON WIX 7PB ENGLAND FORT WORTH,TEXAS 76102 WASHINGTON, D.C.20006
TELEPHONE 01-491-7236 TELEPHONE 817 335-.7331 TELEPHONE 202 298-5550
CABLE VINELKINS LONDON W I.TELEX 24140 - - CABLE VINELKINS•TELEX 89680
August 14, 1978
Mrs. Dorothy L. Cook •
City Secretary
P. 0. Box 1157
Pearland, Texas 77581
Re: City of Pearland, Texas, Certificates
of Obligation-, Series 1978
Dear Mrs . Cook:
Enclosed are numerous copies of the following instruments,
- each with a card 'attached bearing suggestions for handling:
1. Acknowledgment of notice of special meeting;
waiver and ratification to be signed by
Dennis Frauenberger who was absent: from the
meeting held on July 17 , 1978;
2 . Resolution approving change order and claim
and authorizing the issuance of Certificates
of Obligation; and
•
3 . Certificates of Obligation Nos .l--l1through 34 .
Very truly yours ,
•
•
oward W. May
185:51B
•
Enclosures
•
•
^, M . - i
i