HomeMy WebLinkAboutMinutes - City Council - Regular - 6/27/1930v ♦ i
RECEE.'S ,D R:]C.I'L1zR i' I � T_I G.
Lubbock, Texas, June 27, 1930.
'i'he City Co s.ission of the City of Lubbock, Texa , raet at 7:30
in Recessed :fie ,ular Session, recessed from --`regular I"eeting of June
262 1930, in Tiec-.ular I'_eetin;", - lace in the City hall, the following
members th-reof beinF, present, to -Unit:
1:'ayor J.J. Clements, Co-,-_ issioriers D.!-. Leaverton, J.F. Bacon,
Geo. �. Lenson, Jno. poach, City 1Ittorney -.L. I'le tt, pity
I• an,�per J. Bryan L`il.ler and City .secretary .IT. Itodg'- rs .
_useiit: Prone.
T.Totion by I.Tr. Lenson, seconded by "!'lr. Brcon, City I,"an iFcr J. Bryan
I::iller was ins" uru cted to hay, e -,ell drilled and-imiping eoui�l�Ient
il.stalled at 1` nicipal air -ort at cost of a-�proxi.m�itely ?-'700.00. �
i02
T.iotion by Hr. -. enson, seconded by T'.:r. Leaverton, carried
unanimously, it was ordered thut the City Coimr-.fission as a
,;!hole be aO Jointed as a committee to select brick for T unicipal
Airport Hangar.
This being• the date set for receiving bids for the "construction
of the T.:uni.cipal Airport Hangar the followinC bide were received
and opened.
'.'T. S . I.:Oss �` 25, 000.00
Harrison & Smyth 25,130.00
h.IT. Shell £ Son 23, 636.00
J. G. Biffle 27,974.00
'. G. T.Rc1li -1. lan 22, 803.00
SallIDSon Construction Company 232000.00
After due discussion of all bids received whereu-pon motion by
ISr. Leaverton, seconded by T.:r. Macon, carried unanimously, the
contract to construct the hangar was awarded to ':,.G. T:.cllillan
at a cost of �,'22, 803.00 as per the fo11 =:ring Contract.
- G:'1\T7R AL C CAP T'.R V' T O R' S CC YTR1 CT -
CITY 017., T.TTT�70CK 1-1. "C.rR
TI=IS 1 GR'T_-ITIT, of t.°ro harts, made and entered into this
27th day of June, 1930, by and between T--!.G. 1"c1lillan, Contractor,
of Lubbock, Texas ;arty of the first -)art, (hereinafter cci led
the "Contractor") , and. the Gity of Lub'r,ock, lutbockt Texas, party
of the second part, (hereinafter called the "O.mer"1.
That the Contractor for and in consideration of the.
fulfillment of the agreements made by the Owner, ae--re es to and
with the Ormer, as follows:
ARTICLE, ONE:
The Contractor shall and will provide all the materials
and perforn all the .Mork necessary and rer_uired in the proper
installation and completion of an Airplane Hangar Buildin lo-
cated at the City Airport, ubbock, Texa -, in full accor.danc e
with the plans, specifications, 1'_.G.C. roposal form, and de-
tails furnished by and under the super: ision of The Butler
Company, -,rchitects, all of which becoraes a -fart hereof to the
same extent as if fully set out at length herein.
:.R TI C L_ T 70 :
Should the Contractor at any time refuse or m f;lect to
supply a sufficiency o` properly skilled workmen or Materials
reou'_red by this contract, or fail in. any respent to prosecute
the .cork with -)roriptness and dili{-ence, or fail in the serf orm-
ance of the arreenients herein contained, such rr;:r_usal, neglect,
or failure, u'por_ being certified to by the�,_rcil.itects, shall
rive the O.,rner the liberty, after three (3) days• .7rr4tten notice
to the Contractor, to provide such labor and material and to
deduct the cost th:reof from any money then due, or thereafter
to become due to the Contractor under this contract; and if it
can be established that such refusal, neglect or fs.ilure is
suf1'icie t ground for such action, the Uw er shall be at liberty
after the e:,; iration of said_ tllree (3) days' notice, to terminjte
the employment of the Controctor for said work, and to enter u-on
the )remises and take possession of all materials, tools and
a)pliancee thereon, for the urnoce of co~)leting the .cork con-
prehended in this contract, and to employ any other person or
persons to finish V-e work, and to provide raterials thercfor;
and in case of such discontinuance of the eras_ loy:qient of the Con-
tractor, he s1fall not be entitled to receive any further nayr„ent
under this contract until said .cork is wholly finished, at which
time, if the un-oaid balance of the amount to be paid under this
c ntract shall exceed the expense incurred by the Ouner in finish-
ing the work, such excess shall be paid by the Owner to the Con-
tractor, but if such expense shall exceed the unpaid balance, the
Contractor shall pay the diff-rence to the 0.,nor. Should the
O.,mer fail or refuse to make -)artial payments at the time and in
the manner provided by this apreemcnt, the Contractor shall be
entitled to cease work without incurring; �ena_lty for delay until
such payments have be,,.n glade in full, and, if after ten (10) days'
130
written notice, same shall remain unpaid, he shall be entitled
to cease oper< tions entirely and recover and be paid for all
acceptable materials and labor furnished and performed, as well
as profit on the proportionate part of the contract executed.
ARTICLE TIiRLE :
Such further details, drawings, explanations, or directions
as may ap -)ear to beco le necessary to more fully interpret to the
Contractor the Architects* meaning of the plans, same shall be
furnished by the Architects, and in all cases they shall be
strictly within the meaning and consistent with the reasonable
interpretation of the original plans and specifications.
The decision of the Architects concerning t-e plans,
spe cif ic.;.tions and details of same, tog=;ther with the aork gen-
erally during its execution shall be binding on all parties to
this contr-ct.
IRTI CL � FOUR:
The Contractor shall havc the right at any time to call
upon the Architects for any orders, details, drav;ings, directions
or explanations, or to explain any conflict between said Mans,
specifications, proposal, or this contract, and i°rhen the Con-
tractor shall have received same, he will upon their execliti on
be in full compliance with this contract. The Architects shall
issue said orders in accordance with the reasonable me-.ning of
the plans, specifications and V-is contract.
nRTICLr FIVE:
Should any material, labor or equipment be omitted in
the construction or execution of the work, without first having
a written order from the Owner or Architects cov:,ring same, and
such omission is not detrimental to the integrity of the struc-
ture, same may be permitted to stand at the discretion of the Ov.ner
and Architects, and the value shall be oroperly charged to the Con-
tractor against the contract amount due on the work.
The Contractor shall protect the work against damage
from the elements and shall inure against damage or loss caused
by tornado and fire. Premiums for all such policies shall be
paid by the Orrner, and the insurance shall be riat e payable to
the Contractor and the Owner as their respective interest shall
appear, This insurance shall be made to cover the work as it
progresses and pro)ortioned to its increase in value. -vidence
of all of which shall be made to the Oviner when so demanded by
O�. mer and Architects.
ARTICLE 3IX:
The Contractor shall give such attention and supervision
to the work as shall be necessary to carry.it out proriptly in the
tire sct forth herein. He shall at all ties have a competent
man in charge to look after the proper execution of the contract.
If such representative is not fully competent in the opinion of
the °_rchitects, or fails to carry out their instructions, the 1lrchi-
tects, after consulting, the Owner, will notify the Contractor of
this in writing and such person shall be iiinediately relieved
and a competent and satisfactory man employed in his stead, and
no work executed by direction of such representative silall be
accepted after written notice shall have been Liven by the I�Irchi-
tects to the Contractor regarding the reMoval of said represent-
ative.
1_RTI CLE S v __ :
Should any dispute arise between the parties to this
contract, _?rovisions for the decision of whic} are rot herein
otherwise specially made, such dispute riust, on the written ep.-
mand of either party hereto, be decides: and determined b-- three
competent and disinterested persons having knowledge of build-
ing construction as arbitrators, who shall be chosen, one by the
Contractor, one by the Owner, and the third by the two so chosen,
and the award of such arbitrators, or a majority of them, stall
in all matters be final and binding upon_ the parties hn retc . in
431
the event of the resignat-ion or refusal of any selected arbi-
trator, or arbitrators, to act, his or their place, or Dlaces,
shall be filled in the same manner and by the same parties as
their Dredecessors. zsll expenses of arbitration and expense
incident thereto shell be paid by the Carty r=hose contention is
wholly defeated before said arbitrators; but if the contention
of eitbor party be sustained or defeated only in part, the ex-
pense of arbitration and expense incident to such delay shall
be apportioned bet,,veen them as the arbitrators or a majority
of them deem just. Should. either party fail, in the absence of
good and sufficient reasons for same, or refuse to appoint an
arbitrator to pass, upon any dis.�utc within -'iv(, u..;:-s after arbi-
tration is demanded in writinr)• by the other party, the nr000sed
matters of arbitrctic,n as askedy shall be te..ken as confessed and
wholly decided for the ;,)arty proposinC, arbitration, and against
the party that failed or refused to apnoi nt an arbitrator.
Nothing contained in this clause shall be construed as attempt-
ing to abridge the right of either party to subr,lit matters of
law to the r_gularly constituted tribunals having jurisdiction
thereof.
ARTICLE 71GI-IT:
It is further agreed that in case the Contractor shall
abandon the work, the Owner is hereby authorized and ernnouered
to pay any laborer, or laborers, who may have been employed by
said Contractor upon the above described work, out of the funds
remaining or becoming due to the Contractor under this contract.
The amount, or amounts, as due to such laborer, or
laborers, shall be ascertained from the Contractor or other per-
sons having knowledge in such. matters and u-)on such. )roof as may
be sufficient, three (3) days' notice having been given of such
proceedings to the Contractor, the amount, or amounts so found
to be due and owing; to such laborer, or laborers, shall be paid
over by said Owner to such laborer, or laborers, and when the
work contem?D)ated and -)rovided for under this contract shall
have been vrholly com-Oleted and paid for, -the money remaining; due
on the contract Price shy°11 be paid by the Owner to the Con-
tractor. a sufficient amount of any esti:oato may be withheld
from the Contractor until all claims for labor and r_aterial fur-
nished under this contract sl,all have been satisfied, if sane
is deemed necessary by the :architects.
RTICL= I:IlTE' :
It shall be the duty of the l3.rchitects upon the inspection
of the work, either in person or throu�_:h representatives, to
ins.-)e ct and accent or reject any and all material on the Grog nd
to be -)laced in the building, or any vrork done on said building,
or any working drawings 1__ade anc) furnished by Contractor or manu-
facturers for any !part of said building and. the same shall be
deemed the Z.rehiteets' interpretation and shall be final and
sati,:factory within the meaning of this contr-ot, said rejection
when unsatisfactory work or materials arc discovcre-_ to be' filed
in writing as the work progresses, and any rejection must be in
accordance with this contract.
1�,M CLE T7 1:
Should the Contractor be obstructed or delayed in the
prosecution or completion of his work b-- the act, nep•lect, delay,
or flefault of the O. ner, or any other Contractor employed by
the Ovrner upon the work, by any damage which magi ra-,)-)en ry fire,
by strikes affecting; the Contractor directly, by the abandonment
of the work by the employees (through no fault of the Contractor),
by delay i transportation, by anusual action of the elements,
b- injunction or litigation, or by any causes beyond the control
of the Contractor, then the time fixed for the com»letion of the
work shall be extended for a period equivalent to the time lost
by reason of any or all the causes aforesaid.
In no event, however, will the ti=::e extension be granted
or credited to the Contractor, unless written notice in dupli-
cation is filed by him with the i.rchitects within five (5) days
of the occurrence of such delay, one copy of such notice to be
acknowledged by the 2rchitects a.nC returned to the Contractor.
-RTT_CLi+] :IL"W TAT:
The Contractor shall furnish bond or bonds in the sum
of One Hundred (1000") p_= cent of the contract price as recuired
by 1�t w and a -)-)roved by the Owner, to insure the ful' , coriplete
and faithful carrying, out of this contr.cict ^nd the delivering
of same upon the time as herein set -Forth, viz., (70) Seventy
' `orkinry mays; also to secure the 0--rner and all parties .,rho r y
a0z
furnish labor or
claims for labor
undertaking.
material against loss brought about through
performed or materials furnished for this
ARTICLE TWELVE:
Tor the faithful performance of the aYove mentioned
covenants and agreements the Owner agrees to pay the Contractor
the sum of Twonty Two Thousand Tight Hundred Three and Igo/100
Dollars, (5222803.00), same being paid in semi-monthly estimates
upon certificates giver_ by the Architects for labor done ancl
materials delivered and upon the premises. The certificateL shal1
be for eighty-five (85%) per cent of the value of such total
estimates, the remaining fifteen (151) per cent of the contract
price to be retained by the Owner until the work is completed
and accented by said Architects and Owner, and s� all be Paid
in and with the last and final paynent.
ARTICLE THIRTIEN:
The said parties for themselves, their successors,
executors, administrators and assigns do hereb7 agree to the
performance of the covenants herein contained.
IN 7,IT17_:,S: 7.71EREOF, the ,parties to these presents have
hereunto set their hands and seals in trin_licate, the day and
year first written above.
`'IGN JD:
7.G. Kcnillan, Contractor
BY W.G. Lchi Ilan
CITY COUNCIL, LU_BO`�K, T7-_`vS
BY J.j . Clements 7kYOR.
ATTEST:
T.H. Rodgers
CITY CLERK
Motion by Lix. Leaverton, secon ed b-- Mr. Bacon, City Conmission
was order d to locate site for the ;.1unicipal Airport Hangar.
This being the day set for receiving; bids on Ave. "H" pavin7 there
being only one bid received, it being filed by Panhandle
Construction Company, Lubbock, Texcs, after due consideration,
upon motion by LT. Leaverton, seconded by Mr. Bacon, carried
unanimously, contract was awarded to Panhandle Construction Co.
Upon motion by Er. Benson, seconded by 11r. Leavertcn, carried
unanimously, it'was ordered that the caving on Ave. "T" be const-
ructed on 5" concrete base, instead of 4" as called for in the
plans and specifications, extra cost to be -paid by the City.
No further business coring up for consideration, upon notion by
Mr. Leaverton, seconded by Er. Bacon, carried unanimously, the
City Coninission recessedto meet June 28� 1930, at 9 A.F.
Read and approved tI i s l /Aazj of , 4. D. 1930.
A rpMr . m .
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