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R2003-0165 11-10-03 RESOLUTION NO. R2003-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR RENOVATION OF THE PEARLAND SERVICE CENTER, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for renovation of the Pearland Service Center, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Terramark Construction in the amount of $109,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for renovation of the Pearland Service Center. PASSED, APPROVED and ADOPTED this the 10th dayof Novernber , A.D., 2003. ATTEST: APPROVED AS TO FORM: D~,RRIN M. COKER CITY ATTORNEY TOM REID MAYOR 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 21st day of November in the year of 2003 (In words, indicate day, moath a~d /ear) BETWEEN the Owner: (Name, address and other informatiot~) City. of Pearland 3523 Liberty Drive, Suite B Pearland, Texas 77581 and the Contractor: (Name, address and other information) Terramark Construction 322 Julie Rivers Dr. Sugar Land, Texas 77478 The Project is: (Nmne and location) Alterations to Pearland Service Center 3509 East Orange Street. pearland, Texas 77581 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Assodated General Contractors of America. The Architect is: (Name, address and other in£ormation) Levy Associates Architects in.c, Morton L. Levy_, AIA 3333 Eastside, Suite 100 Houston. Texas 77098-1940 713/528~2912 713/528-2915 The Owner and Contractor agree as follows. ARTICLE 1 THE CONTRACT DOCUMENTS ~ The Contract Documents consist of this Agreement, Conditions of the Contract (General, lJti~JJt~ Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications ~ ,- issued after execution of this Agreement; these form the Contract, and are as fully a part of the ~,, ,~, Contract as if attached to this Agreement or repeated herein. The Contract represents the -a,~ ~. entire and integrated agreement between the parties hereto and supersedes prior negotiations, ~mm representations or agreements, either written or oral. An enumeration of the Contract om7 ^~^® Documents, other than Modifications, appears in Article 8. A~A DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to The American Institute of Architects the extent specifically indicated in the Contract Documents to be the responsibility of others. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -- 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. 1 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs bom the date of this Agreement or, i~apph'cable, state that the date will be lbced in a notice to proceed.) The date of commencement will be fixed in a notice to proceed. Contract must be signed and permit must be received prior to notice to proceed. If, prior to the commencement of the Work, the Owner requires time to File mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than sixty (60) days from the date of commencement, or as follows: (Inse~ number of calendar da?s. Alternatively, a calendar date ma/be used when coordinated ~th the date o£ commencement. Unless stated elsewhere in the Contract Documents, insert an? requirements for earb'er Substantial Completion o£certaln portions o£tbe Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if an?, for b'quidated damages relating to failure to complete on time or for bonus pa)qnents for early completiun of the Work.) ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Nine Thousand Dollars ($ 109,000.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identilication o£accepted alternates. If decisions on other alternates are to be made b? the Owner subsequent to the execution o£this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternates have not been accounted for in this Agreement. 4.3 1.1nit prices, if any, are as follows: Unit prices are not applicable to this Agreement: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month, the Owner shall make payment to the Contractor not later than the 15th day of the same month. If an Application for Payment is received by the Architect after © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecut on WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronica y produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -- 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. 2 rills DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40L AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated Genera/ Contractors of America. I 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 the application date fixed above, payment shall be made by the Owner not later than 15 days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.].6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2o~-~997. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of te__n_n percent ( 10%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2o~-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.~.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagrat~h 9.8.5 o£AIA Document A~o~-~97 requires release of apph'cabIe retalnage ut~on Substantial Completion o£ Work with consent o£su~et~, .2 Add, if fmal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9ao.3 of AIA Document 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, p~ior to Substantial Completion o£ the entire Work, to reduce or h'mit the retaiaage resulting [rom the percentages inserted in Clauses $~.~.~ and 5.z~.a above, and this is not explained elsewhere in the Contract Docuraents, inse~ here provisions £or such reductibn or b'nu'tation.) 5.].9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. THIS DOCUMENT HAS IMPORTANT LEGAL C ONSE QUENCES. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -~ 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. 3 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph ~2.2.2 of AIA Document A2oH997, and to satisfy other requirements, if any, which extend beyond ['mai payment; and .2 a fmal Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than ~15 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A2oH997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2OH997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A2o1-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate o£interest agreed upon, i£any. ) Eighteen percent (18%) per annum. Ll~uzy laws a~d requirements u:]der the Federal Truth in Le~ding Act, similar state and local consumer credit laws a~d other regulations at the Owner's a~d Contractor's pdncipd places o£business, the location o£tbe Project and elsewhere may a£Fect the vab'dit? oF tbis provision. Legal advice should be obtained ~dtb respect to deletions or modil~cations, emd also regarding requirements such as ~,~itten dz'sclosures or walvers.) 7.3 The Owner's representative is: (Name, address and other information) Bill Eisem, City Manager City of Pearhmd 3523 Liberty Drive PearlancL Texas 77581 281/652-1673 281/652-1709 7.4 The Contractor's representative is: (Name, address a~d otber inFormation) Christian Frisch 322 Julie Rivers Dr. Sugar Land. Texas 77478 281/240-9300 281/240-0044 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of' Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -- 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. 4 THIS DOCUMENT HAS IMPORTANT LEGAL C ONSE OUENCES. CON5UL TA TION WI TH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document ,4201-1997, General Conditiom of the Contract for Comtruction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document ~Mm-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2oHg2]. '8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 10/3/03, and are as follows: Document Title Pages DIVISION O BID AND CONTRACT REQUIREMENTS 00020 Invitation to Bidders 00100 Instructions to Bidders 3 00300 Bid Form 2 00400 Bid Securi _ty 1 00500 Agreement Form 1 00600 Bonds and Certificates 1 00700 General Conditions 1 00800 Supplementary Conditions 21 00820 Wage Rates 6 8.1.4 The Specifications are those contained in the Project Subparagraph 8.L3, and are as follows: (Either fi'st the Specifications here or refer to an exhibit attached to this Agreement.) Manual Section Title Pages DIVISION 1 01010 01011 GENERAL REQUIREMENTS Summary of Work 2 Notification of Architect Requirements 1 dated as in 01039 01070 01300 01310 01370 Coordination and Meetings 2 Cutting & Patching 2 Shop Drawings. Product Data & Samples 4 Construction Schedule 2 Schedule of Value 2 01400 01500 01600 Quality Control 2 Construction Facilities & Temp Cor~trols 2 Substitutions & Product Options 3 01700 Contract Closeout 4 01710 Cleaning 2 01720 Project Record Documents 2 01730 Operating & Maintenance Data 2 01740 Warranties & Bonds 2 DIVISION 2 SITEWORK 02050 Demolition 2 02227 Waste Material Disposal 1 02317 Excavation & Backfill for Utilities 2 THIS DOCUMENT HAS IMPORTANT LEGAL CONSE OUENCES. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document,4201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 1 I 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © 1915, 1918,' 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute ot' Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -- 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. ,., DIVISION 3 ~ CObV~XETE WORK 03300 Cast-,~-Place Concrete 2 DIVISION 4 MASONRY WORK 04700 Simulated Masonry Fence 2 DIVISION 5 METALS 05500 Metal Siding 2 DIVISION 6 WOOD AND PLASTIC 06100 Rough Carpentry 2 DIVISION 7 NOT USED DIVISION 8 DOORS AND WINDOWS 08100 Steel Doors and Frames 4 08200 Wood Doors 3 08400 Roll-Up Doors 2 08500 Alnminum Windows 3 08700 Hardware & Weatherstripping 3. DIVISION 9 FINISHES 09100 Metal Stud Framing 3 09200 Gypsum Board System 4 09300 Metal Lath & Plaster 5 09650 Resilient Base 3 09900 Painting 6 DIVISION 10 SPECIALTIES 10400 Graphics 1 10800 Toilet Room Accessories 3 DIVISION 11-14 NOT USED DIVISION 15 MECHANICAL 15100 Building Services Piping 2 15400 Plumbing Fixtures 2 Ventilation System 2 Disinfection of Water Lines 15700 15900 1 2 DIVISION 16 ELECTRICAl, 16500 Lighting & Related Work 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either Est the Dra~4ngs here or refer to an exhibit attached to this Agreement.) Number Title Date 1 of 2 2 of 2 Alterations to Pearland Service Center 10/03/03 Alterations to Pearland Service Center 10/03/03 8.1.6 The Addenda, if any, are as follows: Number Date Pages © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The Amedca'n Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -- 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless lhis document is modified. This document has been approved and endorsed by The Associated General Contractors of America. I I ©1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any adcb~'onal doctwaents that are intended to form part o£the Contract Documents. AIA Document A~oJ- ~997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement They should be h'sted here onlyif intended to bepart o£the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the rema~wner. OWN E R ¢~ture) / C..OKfTI~)~-T'OR (Signature) Bill Eisem, Ci_ty Manager (Printed name and tine) Brad Crain, Vice President (Printed name and title) THIS DOCUMENT HA5 IMPORTANT LEGAL CONSE OUENCES. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING/VA DOCUMENT D40L AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ! 1 01997 AIA® AIA DOCUMENT A]O]-]997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © 1915, 1918, 1925, 1937, 195], 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute ut Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below, expiration as noted below, expiration as noted below. User Document: owner contract.aia -- 11/21/2003. AIA License Number 1005427, which expires on 8/7/2004. 7 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT:. 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM, YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, Texas 78746 512-732-0099 TEXAS STATUTORY PERFORMANCE BOND Bond No.:434272! KNOW ALL MEN BY THESE PRESENTS: THAT, Terramark Construction (hereinafter called the Principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto City of Pearland, Texas (hereinafter called the Obligee), in the amount of One Hmdred Nine Thousand and No/100-- Dollars ( $109,000.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 21st day of November, 2003 for Alterations to Pcadand Service Center, which contract is hereinafter referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work required by the Contract then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18th day of December, 2003. Principal: TerraCarkC6-n~uction B S L~ret~'--~U reT~.l~n~e Company Pa~el~. Prokop/ Attorney-in-Fa~t Please refer to Attached Rider for Important Notices and Coverage Information Rev. 11.11.2003 SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, Texas 78746 512-732-0099 TEXAS STATUTORY PAYMENT BOND (Public Works) Bond No.:4342721 KNOW ALL MEN BY THESE PRESENTS: THAT, Terramark Construction (hereinafter called the Principal), as principal, and SureTec Insurance Company, a corporation organized and existing under the laws of the State of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto City of Pearland, Texas (hereinafter called the Obligee), in the amount of One Hundred Nine Thousand and No/100 .... Dollars ( $109,000.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 21st day of November, 2003 for Alterations to Pearland Service Center, which contract is hereinafter referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution ofthe work provided for in said Contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provision, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18th day of December, 2003. Principal: Terramark-G'pnstruction ur~ety',~d~Tec Ins,ur/a~ C/qmpany ~$1a ~rekop/ Attomey-in-~ct Rev. 11.11.2003 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev. 11.11.2003 SU;reTec GENERAL POWER OF ATTORNEY Know All Men by These Presents, That SUKETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these Presents make, constitute and appoint Larry H. Senkel, Pamela Prokop of Houston, Texas its tree and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding Upon the Company as if signed bY the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In [Fitness Vt'hereof, SURETEC INSURANCE COMPANY has caused these presents to be signed bY its Presidenti and its corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002. Corporate Seal SS: State of Texas County of Harris SURETEC INSURANCE COMPANY By / , Jr., On this t lth day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Notary Seal I !_ '_~__ )_on_~ 5 ~_ _ / My commission expires 2006 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this December ., Corporate Seal 18th 2003 ., A.D.~~~~ ~{' ~'~ }~1 Michael P. Whisenant, Vice President~ Assistant Secretary day of LevyAssociatesArch itectsl nc 3333 Eastside Suite100 Houston, Texas 77098 1940 v 713 528.2912 f 713.528.2915 Ievyarch@swbell net 25 October 2003 Mr. Gordon Island, Purchasing Officer City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 Re: Alterations to Pearland Service Center Advice Concerning Acceptance of Low Bid Dear Mr. Island, Competitive Bids were received and opened at the Pearland City Hall on 23 October 2003. Bids were received from eight general contractors. The low bid was offered by Terramark Construction Company. It was in the lump sum amount of $109 000 00, with agreement to complete the Work in 60 calendar days or less from the commencement date to be established in the Notice to Proceed. Their bid documents appear to be in order. This bid was substantially below our construction cost estimate. I have reviewed and am satisfied by their Qualification Data and have made a random check of Terramark's references, including both architects and owners. I have received only positive comments about their company and their work. I recommend that the City of Pearland enter into a Construction Contract in the amount of $109,000.00 with Terramark Construction Company for the Work of the subject project. Yours very truly, LevyAssociatesArchitectsl nc Morton L Levy Morton Levy FAIA President Attached: Tabulation of Bids