R2001-0105 08-13-01 RESOLUTION NO. R200t-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH MUNTERS MOISTURE CONTROL
SERVICES FOR MOISTURE CONTROL SERVICES ASSOCIATED WITH
THE PEARLAND LIBRARY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Munters Moisture Control Services, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his des!gnee is hereby authorized to execute
and the City Secretary to attest a contract with Munters Moisture Control Services for
moisture control services associated with the Pearland library.
PASSED,APPROVEDandADOPTEDthisthe 15 dayof August ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
I~/Y SE(~.ETARY L/
APPROVED AS TO FORM:
D~RRIN M COKER
CITY ATTORNEY
08/02/01 THU 15:43 FAX 19782411274
08,./QVQ1 THU_15 :14 FAX 713 864 8950
MUNTERS MCS 3-,-,
MUNTERS MOIST[?RE CONTROL 4to
3040 [] 002
FINANCE PURCHASI 4,41
002
rAtt kJ
DRAFT: 8/2/01: 2 :2 0 P.M.
CITY OF PEARLAND
STANDARD SgjeVICS CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City), and Munters Moisture Control Services (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:
Contract Amount:
Contract Begins:
Contract Ends:
Attachment:
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Munters Moisture Control Services
Moisture Control, Cleaning, and Restoration
of the Torn Reid Building
S61,502.50
U pon Execution
U pon Completion of Services or Termination by
Agreement
S ummary of Services
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2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract If additional
services not included in the Summary of Services are deemed necessary by the City
the City may procure such services by providing Consultant with a written request. The
City will pay Consultant for the additional services at the rate of Consultant's cost plus
ten percent. 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.
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3. Lerm_pnd Terminage, This Contract term will begin upon execution by both
parties and shall continue until the services to be performed; pursuant to the Scope of
Work have been completed, unless the Contract is terminated by agreement of the
parties. The City shall pay the Consultant far 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.
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08/02/01 THU 15:43 FAX 19782411274
uti„ ye dui �.tiU 5: 14 FAX 713 664 8950
cvvi 1 JJ C.oi0..JtjO t 7
HUNTERS MCS -i-34 3040 L 003
MINTERS MOI TURR CONTROL 4-4-4 FINANCE PURCHASI J 003
rtAKLRINm L= PAGE 00
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s. Motions. 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.. Insurance_
A. The Consultant shall procure and maintain for the diuration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
Comprehensive General Liability and Properly Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1.000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(3)
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(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non -owned vehicles, with minimum limits of S1 000,000 for
Injury or death of any one person, $1,000,000! for each occurrence, and
$1,000,000 for property damage.
B The Consultant shall include the City as an additional insured under the
policies. with the exception of the Professional Liability; Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the
City before work commences. Each insurance policy shall :be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced In coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested. has been given to the City. Upon request, certified copies of all insurance
policies shall be famished to the City.
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S. Law Governing 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 Brazolia 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 Iamended only by written
instmment signed by both parties.
2
08/02/01 THU 15:44 FAX 19782411274
08/02/01 THU 15:15 FAX II3 1,i s960
HUNTERS MCS 4-$4 3040 Ii004
HUNTERS MOISTURE
vCLTRNOL 444 FINANCE PURCHASI rT 004
PAGE 04
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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.
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EXECUTED and EFFECTIVE this the 2? day of Atiu s r • 2001.
ATTEST:
4
una .firms ,
tary
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
CITY OF PEARLAND
By'
Bill Eisen
City Manager be
MINTERS MOISTURE CONTROL SERVICES
By
Printed
Title:
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3
08/02/01 THU 15:44 FAX 19782411274
08/02/01 v 1HU 5,18 FAX 71VJ3 c66su (4 8950
1 "-�J
HUNTERS MCS 444 3040 (6 005
MUNTERrat>IOL TSnTRE OL --- FINANCE PURC�I J 005
P0
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STATE OF TEXAS §
COUNTY OF b ra trori a §
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BEFORE ME, the undersigned Notary Public, on this_day personally appeared
►3' k ei s ee‘ , known to me to be the person iirhose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed_
G VEN UNDER MY HAND AND SEAL OF OFFICE THIS _ 3�ot
DAY OF
L J t- , A.D., 2001.
1
%(
LISA D. JONES
NOTARY PUBLIC • STATE OF TEXAS
MY COMMISSION EXPIRES
SEPTEMBER 21, 2003
ti
MPrS5
STATE OF }
COUNTY OF ecc-Ex
r
1
NOTARY PUBLI - IN AND FOR THE
STATE OF ThXAS
Lisao net
Printed Name:
M Commission E z 1 Q3
y xpires: 9�
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BEF RE ME, the undersigned Notary Public, on this day personally appeared
z r iYi . y / , known to me to be the person whose name is subscribed
to theeregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed_
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GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS and DAY OF
P‘Is.
, A.D., 2001.
pis l Ccjs_
NOTARY'AUSLIC IN AND FOR THE
STATE OF TEXAS rim 5ss
Printed Name: C r -
My Commission Expires: 1 f f
t I a 7
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APtce...
08/02/01 THU 15:45 FAX 19782411274
08/02/0LCc 1 THU 15:16 FAX 71a 664 8950
c,c� c c.£ 4. 3 1 X0 cLe r,
MUNTERSg�MCS
hiUNTEr i('(LM ULU AL 'it t-' 1
444
3040
F]006
FINANCE PUR�CRA,SI AUE 61 t006
Cleaning of Contents and Bookshelves
Cleaning and Sanitizing HVAC System
Supplies and Project Manager per diem
Cleaning of Hard, Upholstered Furniture and Carpet
Deodorization of Building
TOTAL AMOUNT OF SERVICES
SUMMARY OF SERVICES TO BE PROVIDED BY MUNTERS
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$26,996.00
.; 20,872.50
4,940.00
6.294.00
2,400.00
$61,502 50
Musters
'yUM1EAS
TIME AND MATERIAL
CONTRACT
The Contract is entered into on this 1 day of
Munter Moisture Control Service ("Con ctor") and
d
e
4 "- -t et
r
A
("Customer").
20 e 1 , by and between
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IS09002
PEG'STEAED COWPAtiY
1. ice to he Performed.
Munters Moisture Control Services (Munters) agrees to act as Contractor and furnish all
labor, material, equipment, and subcontracted items necessary to complete the work described
in the SCOPE OF WORK, attached as Exhibit A and incorporated by reference. Munters and
Customer may make changes in the work to be performed by written modification to the
SCOPE OF WORK agreed to by both parties.
2. Term.
'Phis Contract shall commence on the date referenced above and shall continue until the
services to be performed pursuant to the SCOPE OF WORK have been completed, unless
otherwise terminated by agreement of the parties.
3. Price,
Work performed hereunder shall be priced as indicated in the Rate Schedule, attached,
and incorporated herein by reference. Additional items not listed in the Rate Schedule will be
billed at the standard mark-up of Cost plus 10% + 15%. The basis for Munters' cost will be
all charges incurred including all federal, state, local taxes and any other reasonable expense.
During catastrophe -like situations 5% will be added to the total invoice to offset extra
expenses incurred that are not otherwise invoiced. The total estimated cost for the attached
Scope is $
Plus any applicajk taxes.
I. Personnel Labor:
A. Specialists (As Needed)
All subcontracted professionals such as: 1) Health and Safety Officer, Industrial
Hygienist, Micrographic Professional, Magnetic Media, or Photographic
Restoration Specialist, 2) local and state licensed tradesmen, 3) general,
abatement, hazardous material contractors, 4) other services, whichever are
deemed necessary to the project will be billed at Cost plus 10%+15%.
B. T.ahor Considerations
1. Labor rates for work performed over 8 hours in a day and on Saturday
will be one and one-half (1-1/2) times the normal rate schedule.
Sundays and Holidays will be billed at double time. Note: Travel
time will not be considered when figuring the overtime hours.
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M Munters
2. Employee(s) will be billed according to the job duties being performed.
11111111111111
IS09002
PEG -SIRED COUPPO
3. Munters shall be reimbur d for travel (airfare, cab, rental cars, etc.), lodging
and per diem (est. $ /day) for employees at cost plus 10% + 15%.
4. Work performed and ' a particular contract that is subject to Federal and
State wage and hour aws collective bargaining agreements may impact the
attached rates. If niecessary, adjustments will be made to the hourly rates and
other labor provisions.
5. Work performed on Munters recognized Company holidays, will be
priced at two times the attached stated rate.
H. Equipment Rental/Material Rate Considerations
A. I Tnscheduled Fquipment/Materials
For equipment or materials that are procured for the project by Munters, the rate
invoiced to the Customer will be the rate charged to Munters plus 10% + 15%.
III. Subcontracted Service Considerations
All subcontracted services including transportation of equipment and materials to
and from the job site, lab services, waste disposal, security, etc. will be invoiced at
documented cost plus 10% + 15%.
Invoicing and Payment.
Upon the completion of work or weekly, whichever is shorter, Munters shall submit to
Customer an itemized invoice. Invoices are due upon receipt unless otherwise agreed.
Responsibility for Payment.
Customer agrees to make payment to Munters for services rendered hereunder in the
amounts on the terms specified above, regardless of whether Customer is entitled to
reimbursement for such costs from his/her or from some other person's or entity's
insurance carrier or any other source. Customer agrees to execute a document which will
assign its insurance benefits to Munters for the purpose of satisfying any payment
obligations to Munters by the Customer which have not otherwise been satisfied in
accordance with the terms of this Contract. Such assignment of benefits shall state that it
shall be for the purpose of using any insurance proceeds to first pay any and all expenses
incurred by the Customer with Munters, with the balance paid to the Customer.
Jurisdiction, Venue and Governing Law.
The parties hereby irrevocably consent to the jurisdiction of the courts of the local
jurisdiction and any federal court located in such jurisdiction in connection with any
action or proceeding arising out of or relating to this Contract, any document or
instrument delivered pursuant to, in connection with, or simultaneously with this Contract,
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Munters
'1.yUMIEaS
or breach of this Contract or any such document or instrument. The parties also hereto
consent that venue of any action brought under this agreement shall be within local
jurisdiction. This Contract shall be construed in accordance with the local laws, without
giving effect to conflict of laws.
!11 R
IS09002
PEG STEREO COUPASY
No Consequential Damages.
No party shall in any action or proceeding or otherwise assert any claim for consequential
damages against any other party to this Contract on account of any loss, cost, damage or
expense which such party may suffer or incur because of any act or omission of any other
party to this Contract or its agents or employees in the performance of a patty's
obligations under this Contract, or any other cause of action (including negligence) arising
out of or related to truncations in connection with the Contract, or otherwise, and each
party expressly waives any such claims.
Entire Agreement.
This Contract and the Exhibits hereto comprise the complete agreement of the parties
respecting the service to be performed. No engagements, promises, representations, or
warranties have been made by either party except as is expressly stated in this Contract
and its Exhibits, and the parties hereby expressly disclaim all implied warranties. All
modifications to this Contract shall be in writing, signed by both parties hereto.
Agreed to and accepted this ?,-4 day of , l m j � 7`� , 20
Customer
By:
Name:
R11 S ice 1
Title: ci y Mimay‘tor
MUNTERS CORPORATION MOISTURE CONTROL SERVICES
Tit1
4>/
ItlefrAc
T&M Rev 4. 8/24/2000
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