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HomeMy WebLinkAboutResolution - 954D - Contract - LDC - Garage Facility Construction - 10_22_1981k7 RESOLUTION 954 - 10/22/81 DGV:da RESOLUTION BE 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 directed to execute for and on behalf of the City of Lubbock the following agreements pertaining to the construction of a new City garage facility: �.(1) Bid Package 1 & 2, Contract with Hunter Construction Company. 1 6,(2) Bid Package 3, no bid. ` (3)_-B.-ki-P-,akage 4, Contract with Henson Plastering, Inc. (4) Bid Pack a 5, Contract with Lubbock Development Company. (5) Bid Package 6, Contract with O. W. Chisum & Company. ::1-(6) Bid Package 7, Contract with Tech Electric Company. (7) Bid Package 8, Contract with All Texas Builders, Inc. Said contracts, which are attached hereto, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of 6eteher 1981. r fIrL McALI T R, MAYOR ATTEST: E Evelyn 0affga, City retary-Treasurer "= APPROVED AS TO FORM: G. Vandiver, Asst. City Attorney RESOLUTION 954 -D - 10/22/81 OI Lubbock Development Co i NORMAN IGO e SCHAUER ASSOCIATES, INC. November 10, 1981 Mr. Bill Payne, Director Administrative Services City of Lubbock Lubbock, Texas 79401 Re: City Garage Dear Mr. Payne: We are forwarding herewith documents on Bid Package 5 from Lubbock Development Co. on the above referenced job for approval and signature by the Mayor for award of the contract for their phase of the work. Documents As Follows Dated 1. Notice of Acceptance 10/30/81 2. Acceptance of Change Order 10/20/81 3. Change Order #1 10/30/81 4. Contract 10/30/81 5. Payment Bond 10/30/81 6. Performance Bond 10/30/81 7. Power of Attorney 10/30/81 8. Certificate of Insurance 11/2/81 Please return three (3) copies of the executed documents for the contractor's and our file, when they have been executed. Sincerely, Nor an Ido'o'- IgoiSchauer/C,M., Inc. Construction Manager NI/jl ARCHITECTS • ENGINEERS • CONSTRUCTION MANAGERS 2201 UNIVERSITY LUBBOCK, TEXAS 79410 8061747-0193 MEMBER AIA & PE October 30, 1981 NOTICE OF ACCEPTANCE .r RESOLUTION 954-D - 10/22/81 Lubbock Development Co. TO: Lubbock Development Co., Inc. - ---- --- --- ---- (Name of Bidder) P.O. Box 65251 (Address of Bidder) Lubbock, Texas 79464 (City and State of Bidder) The -City of Lubbock, having considered the proposals submitted and opened on the 1 6 day of October 19 8.1 , for work to be done and materials to be furnished in and for: City.*Ga*rage and Sanitation Facilities Bid PackanP #9 w/rhannp nrApr wn 1 Total Contract Amount - $156,937.00 as'set forth. in detail in the Specifications, Plans, and Contract Documents far .such Work 'for the City of 'Lubbock; it appearing, that your -proposal. is fair; equitable and -to the best interest of said City, please take -notice that said proposal was accepted by the City Council of the City of Lubbock on the '22 day of October 19 Al at the bid price contained th-etein, .subject to the 'execution of and furnishing of all coatract,documents, bonds, 'certificates of insurance', and all other documents specified and required to be executed and furnished under: the contract documents. It Vill.be. necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. - The five (5%) per cent bid security, submitted with your proposal, will .be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should,fail to execute and furnish such contract documents and bonds within the time .limit specified, said bid security will_be retained by the City of Lubbock. CITY OF L BO Owner sRepr entative M1 ti3f 4� 5 TO: City of Lubbock, Owner Re: City Garage and Sanitation facilities/Igo-Schauer Associates, Inc. Construction Managers ACCEPTANCE OF CHANGE ORDER ,z�'civ;5 ton ractor, do hereby agree to and accept all, of the provisions set forth by Change Order.No. l to Bid No, 5 a copy of which Change 'Order is attached hereto:. A. understand that, `thi's acceptance shall- become a 'part of the Contract Documents for the above named project and'-.shall.be subject to all of the."provisions thereof." This acceptance executed th i.s ', day of ('>ey ,' 1981.. CoC ntractor y t. CHANGE OWNER '❑ ARCHITECT ORDER CONTRACTOR FIELD ❑ A!A DOCUMENT G707 OTHER PROJECT: City Garage and Sanitation Facilities CHANGE ORDER NUMBER: 1 (name, address) 324 Municipal Drive Lubbock, Texas 79401 TO (Contractor) F Lubbock Development Co., Inc. --I ARCHITECT'S PROJECT NO: City Garage P.O. Box 65251 CONTRACT FOR: BID PACKAGE NO. 5 Lubbock, Texas 79404 L I CONTRACT DATE: October 30, 1981 You are directed.to make the following changes in this Contract: Item No. 1 - Delete Building 'B' of the project completely. Item No. 2 - Reduce the overall length of Building 'A' of the project from 265'-1 3/4" to 1931-1 3/4" by deleting the center 72'-0" of the overallbuilding length -and moving the south V -6 7/8" of the overall building. length 72'-0" to the north. This reduction shall constitute a deletion of all work originally shown on the drawings within the 72'-0" x 119'-9"'x full.. height of building area deleted. Item No. 3 - Omit all Special Coatings from the project (Sec. 91 of specifications). Change remaining lath and plaster at building 'A' to standard three coat stuct:o plaster system. Note: Upon acceptance of this change order, the entire contract documents shall be construed to be changed to the provisions herein. Revised drawings reflecting these changes shall be issued prior to commencement of construction. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . S 234, 879.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . S 0 The Contract Sum prior to this Change Order was . . . . . . . . . . . S 234,879.00 The Contract Sum will be ('greased) (decreased) 6unelwmged) by this Change Order. . . S 77,942.00 The new Contract Sum including this Change Order will be . . . . . . . . . S 156,937..00 The Contract Time will be 61nereex0(decreased) (unchanged) by ( 0 ) Days. The Date of Completion as of the date of this Change Order therefore is unchanged Norman Igo -Schauer Assoc.,_ Inc. Lubbock DeyelonmPnt f n_ T.,c. City of Lubbock ARCHITECT CONTRACTOR OWNER 2201 University P.O. Box 65251 916 Texas Aye. Address Address Addresi Lubbock, Texas 79410 Lubbock, Texas 79464 Lubbock, Texas 79401 2 BY_Z BY BY DATE DATE DATE AIA DOCUMENT C701 • CHANCE ORDER • APRIL 1970 EDITION - AIA© • ® 1970 THE ONE PACE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW. wASHINCTON. D.C. 20006 CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this _3Oth day of OctnbPr > A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Mr. Bill Mc!A1istPr , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Development Co., Inc*. - of the.City_.of Lubbock ; County. of Lubbock and State of Texas , hereinafter termed',CONTRACTOR.. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and. performed by the OWNER and under the conditions expressed inthebond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows. Project: City Garage & Sanitation Facilities, Lubbock,''Texas The contractor shall perform all -of the -work under -Bid Packages No. 5 at the above referenced project in accordance with contract documents for construction prepared by Norman Igo -Schauer Assoc: Inc., Architects and Engineers and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the perfor- mance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock in the year and day first above written. CITY OF e-&i ( R) _ BY: Mr. Bill McAlister MAYOR ATTEST: Secret ry Lubbock Develovment Co.. Inc. CONTRACTOR BY: Fred Davis TITLE: Vice President COMPLETE ADDRESS: Lubbock Development Co., Inc. P.O. Box 65251 Lubbock, Texas 79464 5 PAYMENT BDND STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS ATTENDED BY. ACTS OF TEE 56TH LEGISIATURE, REGULAR SESSION, 1959 KNOW ALL HEN BY THESE PRESENTS, that LUBBOCK DEVELOPMENT CO., INC. (hereinafter called the Principal (s), as Principal (s), and THE AMERICAN DRUGGISTS' INSURANCE COMPANY (hereinafter called the Surety (a), as Surety (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of ONE HUNDRED FIFTY SIX THOUSAND, NINE HUNDRED THIRTY SEVEN AND Nnlinn---------- =---------------------------------------Dollars ($ 156, 937. 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. WEEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 30th day of October 19 81 , to Complete the work under Bid Packages No. 5 of the Project: City Garage 6 Sanita- tion Facilities, Lubbock, Texas, in accordance w/the contract documents as prepared by Norman Igo -Schauer Assoc., Inc., Architects and Engineers 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. NW, TF=FORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material 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, HCWEVER, that this -bond is executed pursuant to the provisions of Article 5160 of .the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 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 30TH day of OCTOBER 19 81 THE AMERICAN DRUGGISTS' INSURANCE COMPANY LUBBOCK DEVELOPMENT COMPANY, INC. Sur ty Princ pal By: *By' �16FP.ED DAVIS (Title) v : PRES HOW RD COWANZ (Title) . ATTORNEY IN FACT By (Title) By: • (Title) The undersigned surety company represents .that. it is duly qualified to -do business in Texas, and hereby designates J I M FINLEY S ASSOCIATES INS. 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. ,4THE AMERICAN DRUGGISTS' INSURANCE COMPANY urety *By: H6WARD COWAN (Title) Approved as to form: ATTORNEY IN FACT City of Lubbock sy: Y. ESj- 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. Payment Bond - Page 2 PERFORMANCE BOND t STATUTORY PERFOIRMNCE BOND PURSUANT TO ARTICLE 5160 OF TEE REVISED CIVIL ST&TUrES OF TEXAS AS AHENDED BY ACTS OF TEE: 56TH LEGISLATURE. REGUTAR SESSION, 1959 KNOW ALL VZN BY TEESE PRESENTS, that LUBEOCK DEVELOPMENT CO.,INC. (Hereinafter called the Principal (s), as Principal (s), and THE AMERICAN DRUGGISTS' INSURANCE 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 amoaat Of ONE HUNDRED FIFTY SIX THOUSAND, NINE HUNDRED THIRTY SEVEN AND NO/100--- Dollars ($ 156, 937. 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 presitnts. WHEREAS, the.Principal has entered into a certain written contract with the Obligee, dated the 30th day of October 19 81 _, to Complete the work under Bid Packages No. 5 of the Project: City Garage and Sanitation Facilities, Lubbock, Texas', in accordance w/the contract documents as prepared by Norman Igo -Schauer Assoc., Inc., Architects and Engineers and said pi-incipal 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 pade a part hereof as. fully and to- the same extent as if.copidd at length herein. NOW; THEREFOR . 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, HOWEVER, that this bond is executed pursuant to the provisions of -Article 5160 of 'the Revised Civil Skatutes'of Texas as amended by Acts of the 56th Legislature, regular session 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. IV WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 30TH day of OCTOBER 19 81_ THE AMERICAN DRUGGISTS' INSURANCE COMPANY Surety HOWA4ZD COWAN (Title) ATTORNEY IN FACT LUBBOCK DEVELOPMENT COMPANY, INC._ Principal ' By: FRED DAVIS (Title) V. PRES. By. (Title) By: ' (Title) The. undersigned surety company represents that it is duly qualified to do business is Texas, and hereby designatesJIM FINLEY S ASSOCIATES INS. 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„azising out of such suretyship. • THE AMERICAN DRUGGISTS' INSURANCE COMPANY Surety *By: HOWARD COWAN (Title) ATTORNEY IN FACT Approved as to Form. City of Lubbock By : '9j ;City Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by -lags 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. Performance Bond - Page 2 POWER OF ATTORNEY POWER NUMBER THE AMERICAN DRUGGISTS' INSURANCE COMPANY S P N? 617511 800 American Building • Cincinnati, Ohio 45202 • 513 - 721.4270 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati., State of Ohio, has made, constituted and appointed, and does by these presents, make, constitute and appoint Jim F.i.nP.ey, GeAttude 0%oekeA, Tom (O-i efiii-na oA HouwLd Coulon of Lubbock, . Texaa its true and lawful Attorney -in -Fact with full power and authority hereby conferred tb sign and deliver in its behalf as Surety, any and all kinds of Surety Bonds, except as limited hereon, and to bind THE AMERICAN DRUGGISTS' INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly -authorized officers of THE AMERICAN-DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, ire hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed One Hundred Thouaand Donau THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney -in -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the followingjs a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, -duly -adopted and now in force, to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attorneys -in -Fact or agents who shall have authority to issue bonds in the name of the Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of Januaty , 19 82 , but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut- ed by its officer, with its corporate seal affixed, this date of OCTOBER 30 _ 19 8 1 THE AMERICAN DRUGGISTS' INSURANCE COMPANY By STATE OF OHIO SS: COUNTY OF HAMILTON ) President On this-0 30 , 19 R 1 , before me, a Notary Public, personally appeared Gordon M. Barker who being by me duly sworn, ac nowledged that he signed the above Power -of -Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1985. IL a ' ' Notary Public If you have anv ouestionc concernine this Power call 513-721-4270 for verifirntinn CERTIFICATE OF INSURANCE 3+wr a �: n q A ' ,'4 ' 'tJ +x y.. L.Y',- Zsy - ma's* r t A ,• d+•.. * 'nry s E c •:T' "' `N`y�x s .y^-{ 'y�, n�6.�--;�k +t 1� ti`»-cr_s-x•&.!+ y; .a.. +-t ._._. :- ..x•'--i5_..r�•1 �..."^� v,*. ✓d._a.... ..-_ 4..:�•r" a i �•....o a6,:.a�� ".rc'�: L NAME AND ADDRESS OF AGENCY '. JIM FINLEY C ASSOCIATES INSURANCE s P. O. BOX 6 8 0 0 COMPANY LUBBOCK, TEXAS 79413 LETTER A AMERICAN MOTORISTS INS. CO. COMPANY LETTER ST. PAUL IN SURANCE COMPANY NAME AND ADDRESS CF INSURED /.� COMPANY LUBBOCK DEVELOPMENT COMPANY, INC. a - LETTER ,1p�0 P.O. BOX 65251 COMPANY LUBBOCK, TEXAS 79464 LETTER COMPANY LETTER T`:is is to certi`y that policies of insurance listed below have been issued to the insured named above and are in force at this time, Notwithstanding any requirement, term or condition of any contract or cther document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the s terms. exclusions and conditions of such oolicies. COMPANIES AFFORDING COVERAGES •, OMPANY C POLICY Limits of Liability in Thousands 0) EACH OCCURRENCE AGGREGATE - LETTER I I TYPE OF INSURANCE - POLICY NUMBER EXPIRATION DATE GENERAL LIABILITY ( BODILY INJURY s 500 s 500 A COMPREHENSIVE FORM I YM 683 419 4/ 2 6/ 8 2' iPPEMISES—OPFRATIONS I PROPERTY DAMAGE $ 100 S 100 711 EXPLOSION AND COLLAPSE I HAZARD I ❑ UNDERGROUND HAZARD PRODUCTS/COMPLETED I OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE S S c BROAD FORM PROPERTY � COMBINED DAMAGE Y INDEPENDENT CONTRACTORSI - I PERSONAL INJURY i 1 $ PERSONAL INJURY I I � AU 7 OMOE LE LIABILI T Y k BODILY INJURY EACH PFRSONI 250 $a !1LM A r ].NPR ur',I;IVc FORM 6 a 2 7 5 k 4/26/82 8001LY INJURY s500 jv LX (EACH ACCIDENT) 4 iit��'f e$ A. r: PROPERTY DAMAGE - *.E!) I F','ODILY INJURY AND I L I"JN•Cif`:ED X i t � PROPERTY DAMAGE _ J COMRINED 9 EXCESS LIABILITY B Uti18RELLA FORM 592 TX 7120 4/ 2 6/ 8 2 BODILY INJURY AND $ 1, 0 0 0 $ 110 0 0; ' � 1 C OTHER THAN UMBRELLA 1 PROPERTY DAMAGE t I COMBINED FORM t ; �'.VORKERS' COWENSATIGN I STATUTORY 14/26/82 A and S 1ICM 683 419 `xx"r S EMPLOYERS' LIABILITY } �f., :� •�k�y +.�,- CHACCIDEtir,. A OTHER OWNERS CONTRACTORS BODILY INJURY 500 500 1 PROTECTIVE LIAB. IYM 683 716 11/2/82 PROPERTY DAMAGE 100 100 . t..ed.''V�rAA-x''-n"'=•.�«:.Ya..:::?:id:'a..v..h"-.aw�:'+2�" ,:: "-�`••r"b'+:r:Hs.:.i+.ri sit.:r."5:a+.ili:l:S:u�;d!iiiko:ea.:.. •.: z- ��.,:e.�dn..iA336:{::vmassr.i.w-'.:-� •. ••_..a�r..,� _-�. x-w.6,�y-s:..._�c..c•_.s_ DESCRIPTION OF OPERATIONSJLOCATIONS/VEHICLES PROJECT: CITY GARAGE AND SANITATION FACILITIES— B�1�.,. P��Xi4.GEE. # 5 W/ CHANGE ORDER NO. 1 ^` .NAMED INSURED: CITY OF LUBBOCK Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. tf,e Issuing com- ' pany will endeavor to mail -1-0- days written notice to the below named.ceirtitic�ave holder, but failure to is maii sucn notice shall impose no Obligation or liability of any Kind "upon the company, a it AEANDANDRESSOFCERTIFICATEHOLDER , CITY OF LUBBOCK 't I P.O.-BOX 2000 I LUBBOCK, TEXAS 79457 DATE ISSUED: { JIM TES jl?A I°INIEY ET -At-"OCIATES