HomeMy WebLinkAboutResolution - 031077N - CO#1 To Agreement - HB Zachry Co - Improvements, Runway 17R-35L, LRA - 03_10_1977Jab..
RESOLUTION
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
irected to execute for and on behalf of the CITY OF LUBBOCK a Change
rder No. 1 to an Agreement with H. B. ZACHRY COMPANY covering improv -
tents to Runway 17R-35L at the Lubbock Regional Airport, attached herewith
hich shall be spread upon the minutes of the Council and as spread upon the
Linutes of this Council shall constitute and be a part of this Resolution as if
illy copied herein in detail.
Passed by the City Council this loth day of March 1977.
ROY BA S, MAYOR
"PEST:
m �w
eva Phillips, CK Secretary -Treasurer
-PROVED AS TO FORM:
red 0. Senter, Jr.,'
CHANGE ORDER NO. 1 .
Runway 17R-35L'Improvements
Lubbock Regional Airport
Lubbock, Texas
ADAP Project No. 6-48-0138-08
TO: H. B. ZACHRY COMPANY
P. 0. Box 21130
San Antonio, Texas 78285
General description of work included in original contract, dated
November 3, 1976: The construction of approximately 148,000 square yards of
rigid overlay pavement with level up course on existing runway, construc-
tion of taxiway connections, modifications to existing airport lighting
system, installation of a VASI-4 system on Runway 35L, installation of a REIL
system (runway end identifier light) on Runways 35L and 26, removal of ex-
isting paving, drainage structures, marking runways and taxiways and other
related items of work.
Original amount of contract . . . . . . . . . $ 4,349,689.00
Change Order No. 1 . . . . . . . . . . 2,262,100:00
Adjusted Contract Amount . . . . . . $ 6,611,789.00
Adjustment in Construction Time:
Original Date of Completion . . . . October 31, 1977
Change Order No. 1 . . . Add 47 days
Adjusted Date of Completion . December 17, 1977
WHEREAS, it is desirable to make changes in the work to be constructed
under this project.
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantage
gained, the Owner and the Contractor agree to.the changes indicated below
and further agree that the amount of the contract shall be adjusted by the
amount shown above.
1. The work included in the project shall be changed to include
work required to complete Division I and Division 2 combined, as set forth
in ADDENDUM NO. 8 of the Contract Documents.
2. On page D-1 of the CONTRACT, the description of work commencing
on the seventh line of the main paragraph on the page shall be deleted and
the following inserted:
CHANGE ORDER NO. 1
Page 1 of 3.
"The construction of approximately 148,000 square yards of
rigid overlay pavement with level up course on existing runway,
construction of approximately 81,000 square yards of rigid
pavement on the extension of Runway 17R and the parallel Taxi-
way M, construction of taxiway connections, modifications to
existing airport lighting system, new high intensity lights on
the extension of Runway 17R, new taxiway.lights on the exten-
sion of Taxiway M, removal of existing paving, drainage struc-
tures, marking runways and taxiways, construction of blast
pads for Runway 17R-35L, excavation work, seeding shoulders,
and other related items of work as shown on the plans entitled
"City of Lubbock, Texas, Lubbock Regional Airport, Runway 17R-35L
Improvements", dated June, 1976, and on the plans entitled "City
of Lubbock, Texas, Lubbock Regional Airport, Extension of Runway
17R and Taxiway M", dated June, 1976, and the specifications
attached hereto." '
3. The PROPOSAL, pages C-1 through C-13, of the Contract
Documents shall be deleted, and the PROPOSAL, ADDENDUM NO. 8, pages C-1
through C-21 shall be inserted and used as the unit prices for work on
this project .
4. Modifications to the plans and specifications as set
forth in ADDENDUM NO. 8 for construction of Division 1 and Division 2.com-
bined shall be made a part of the Contract Documents.
5. The PERFORMANCE BOND, dated November 3, 1976, in the amount
of $4,349,689.00, pages E-1 and E-2 of the Contract Documents shall be
deleted and the executed revised copy of the Performance Bond in the amount
of $6,611,789.00, attached hereto shall be inserted.
6. The PAYMENT BOND, dated November 3, 1976, in the amount
of $4,349,689.00, pages F-1 and F-2 of the Contract Documents shall be
deleted and the executed revised.copy of the Performance Bond in the amount
of $6,611,789.00, attached hereto, shall be inserted.
7. Work included in Division 1 and Division 2 combined of
Runway 17R-35L Improvements will be constructed under the following FAA
grants:
1. ADAP Project No. 8-48-0138-06
2. ADAP Project No. 6-48-0138-08
3. ADAP Project No. 6-48-0138-09
4. ADAP Project No. 6-48-0138-10
5. ADAP Project No. 6-48-0138-11
CHANGE ORDER NO. 1
Page 2 of 3
The aforementioned changes, and work affected thereby, are subject to
all contract stipulations and covenants.
The Owner and Contractor agree that the work required to accomplish
Division 1 and Division 2 combined shall be paid for at the unit prices
set forth in PROPOSAL, ADDENDUM NO. 8, pages C-1 through C-21 of Addendum
No. 8. The quantities for payment shall be determined as specified in the
Contract Documents.
The Owner and the Contractor agree that the time allowed for completion
of the project shall be extended 47 days from October 31,.1977 to December
17, 1977, as specified in Addendum No. 8.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the 1.0' day of MARCH 1977
RECOMMENDED: PARKHI L, SMITH & COOPER, INC., Consulting Engineers
BY ,1977
APPROVED: H. B. ZACHRY COMPANY _Contractor
By +. KREUSEI, SENIOR VICE PRESIDENTS 1977
�11i1111!,,1�
APPROVED: ,�' t� G�ZT',Y, �,,L =, TEXAS, Owner
1977
ATTEST. !2 �
City Secretary
Fred 0. Ser::nr, . s SY
CHANGE ORDER NO. 1
Page 3of3
• - STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR -SESSION, 1959
KNOW ALL MEN BY THESE PRESENTS, that
H. B. Zachry Company
(Hereinafter called the Principal (s), as Principal (s), and
UNITED STATES FIDELITY AND GUARANTY COMPANY
(hereinafter called the Surety(s), as Surety(s), are held and firmly
bound unto the City of Lubbock (hereinafter called the Obligee), in the
Six Million, Six Hundred Eleven Thousand, Seven Hundred
amount of Eighty -Nine and 00/100-----------------------------Dollars
Q 6,611,789.00 ) lawful money of the United States 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 written contract
with the Obligee, dated the 3rd day of November 19 76 , to
Construct Runway 17R=35L Improvements at Lubbock Regional Airport
ADAP Project No. 8-48-0138-06, 6-48-0138-08, 6-48-0138-09,
6-48-0138-10, & 6-48-0138-11
and said Principal under the law is required before commencing the work
provided for in said contract to execute a bond in the amount of said
contract which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform the work in accordance with
the plans, specifications and contract documents, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, SO•►rTE.VER, that this bond is executed pursuant to the
CHANGE ORDER NO. 1
Performance Bond - Page E-1
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, regular sespion 1959, and all
liabilities on this bond shall be determined in accordance with the
provisions of said article to the same extent as if it were copied
at'length herein.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have
signed and sealed this instrument this 3rd day of November
is 76.
IJNITEDSTATESFIDELITYA;lDGUAR4NTY COMPANY H. B. Zachry Company
Surety Principal
By:
*By (7, l,� r'-`i_�,.�.•'Title)
(Title) E. M. KREUSEL, SENIOR VICE PRESIDENT
M Carolyn C. By.
Attorney -in -Fact
(Title)
By:
(Title)
The undersigned surety company represents that it is duly quali-
fied to do business in Texas, and hereby designates Orville E. Sackett.
an agent resident in Lubbock County
to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
*202 Page Bldg.
1503
$ Texas.
Lubbockck , e
UNITED STATES FIDELITYANDGUARA:yTY CQ MPArlY .
Lub
Surety
*By; o
• Caroly Title C, Moore
Approved as to Form Attorney -in -Fact .4
City of Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company there must be on
file a.certified extract from the by-laws showing that this person has
authority to sign such obligation: If signed by an Attorney in Fact,
we must have copy of power of attorney for our files.
CHANGE ORDER NO. 1
Performance Bond - Page E-2
x
STATUTORY PAYME2IT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STITUTFS OF -TEXAS
AS AIfENDE➢ BY . ,
ACTS OF THE 56TH LEGISLATURE, REGULARSESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
H. B. Zachry.Company
(hereinafter called the Principal ($), as Principal (a), and
UNITED STATES FIDELITY AND GUARANTY COMPANY
(hereinafter called the Surety (s), as Surety (s), are held and firmly
bound unto the City of Lubbock (hereinafter called the Obligee), in the
Six Million, Six. Hundred Eleven Thousand, Seven Hundred
account of Eighty -Nine and 00/100----------------------------- Dollars
Q 6,611,789.00 ) lawful money of the United States 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 written con-
tract with the Obligee, dated the 3r'd day of November 19A_,
to Construct Runway 17R-35L Improvements at Lubbock Regional Airport
ADAP Project No. 8-48-0138-06, 6-48-0138-08, 6-48-0138-09,
6-48-0138-10, & 6-48-0138-11
and said Principal under the law is required before commencing the work
provided for in said contract to execute a bond in the amount of said
contract which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall pay all claimants supplying labor and mater-
ial to him or a sub -contractor in the prosecution of the work provided
for in said contract, then, this obligation shall be void; otherwise
to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
CHANGE ORDER NO. 1
Payment Bond - Page F-1
amended by Acts of the 56th Legislature, Regular Session, 1959, and all
liabilities on this bond shall be determined in accordance with the pro-
visions of said Article to the same extent as if it were copied at
length herein. ,
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have
signed and sealed this instrument this 3 rd day of November
19 76 ,
UNITED STATES FIDELITY ;NDGU,4RA�il1' COMPANY
Surety
*By: 6 2
Ti e)
Carolyn C, Moore.
Attorney -in -Fact
H. B. Zachry Company
Principal
By:
Title
E. K KREUSEI„ SENIOR VICE PRESIDENT
By.
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qual-
ified to do business in Texas, and hereby designates Or,yi le C.. Sackett
•. an agent resident in Lubbock County to
whom.any requisite notices may be delivered and on whom service of pro-
cgss may be had in matters arising out of such suretyship.
•202 Page Bldg.
1503 Avenue J UNITED STATES FIDELITYAND GUAR0TY COMPANY
Lubbock, Texas
Surety
*By; ,
(Title)
Carolyn C. Moore
Approved as to form: Attorney -in -Fact
City of Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company there must be on
file a certified extract from the by-laws showing that this person has
authority to sign such obligation. If signed by an Attorney in Fact, we
must have copy of power of attorney for our files.
CHANGE ORDER NO. 1
Payment Bond - Page F-2
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No ....... 87060............ I.........
Know aU men by shese Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Carolyn C. Moore
of the City of San Antonio I , State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Carolyn C. Moore
may lawfully do in the premises by virtue of these presents. y 1
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this `instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President sad Assistant Secretary, this 9th day of
July . A. D. 19 7 6
UNITED STATES FLDELTTY AND GUARANTY COMPANY.
Charles..... •
Watson ...........................................
...... ......
Vice-Presldsr�
(SEAL)
(Signed) John C. Vaeth, Jr.
.................................... ................
Assistant Sccmtar7.
STATE OF MARYLAND,
BALTIMORE CITY. sa:
On this 9th day of July . A D. 19 76 before rue personally came
Charles B . Watson , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and John C. Vaeth, Jr. Assistant Secretary of said Company, with bothef
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of . Baltimore, Maryland;
that they, the said Charles B. Watson and John C. Vaeth Jr. were respectively
the Vice -President and the- Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY.the the cor.
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal s.Exed to said Power of Attorney was such earpomte seal, that it was so fixed by order of the Board of Directors of said corpora-
tion. and that they signed their names thereto ' by like order ' as Vice -President and. Assistant Secretary. respectively, of . the Company.
My commission expires the first day in July. A. D. 19..7�....
(SEAL) (Signed) Herbert
..J. Aull
.....,..
_ . Notary. Pnbba^
STATE OF MARYLAND Set,
BALTIMORE CITY,
I, Robert H . B o u s e , Clerk of the Superior Court of Baltimore City, which Court . is a
Court of Record, and has a seal, do hereby certify that Herbert J . Aul l , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
aektiowkdgments, or proof of deeds to be" recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily .believe the signature to be his genuine signature.
Ix Testimr ony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore Cit the same being a Court
of Record, this 9th day of July A. D. 19 79
(SEAL) (Signed) _..._.Robert H. Bouse
Ckrk of the Superior Court of Baltimore City.
COPY OF RESOLU77OiY
.That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony of Newfoundland.
Therefore, be it Resolved, that this Company do, and it hereby does, authorize and -empower its President or either of its Vice
Presidents .in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons
as attorney or attorneys-in•fact, or agent or agents of said Company, in its name and as its act. to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or
by lair allowed, and
ALo, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the Hiles, regulations, orders, customs, practice or discretion of any board.
body, organization, ofic a or officer, local, municipal or otherwise, be allowed, required or permitted to he executed, made, taken, given,
tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not.doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same. ,
1, Richard Calder , an AaaisunrSecretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
Carolyn C. Moore