HomeMy WebLinkAboutOrdinance - 6795-1974 - Issuance $3,500,000, "City Of Lbk, TX, Certificates Of Obligation, Series 1974 - 01/21/1974ORDINANCE NO. 6795
AN ORDI~~NCE by the City Council of the City of
Lubbock, Texas, authorizing the execution of
co(ts t:ruction contrDcts f or the purpose of
furnishing all plant, l abor, materials and
equipment and the pe rforming of all t'l7ork re-
quired for cons truc ting and equipping a civic
~ent e r to be kno\.·m a s Mem0 ria 1 Ci vic Cent er ;
making provision for the payment of contrac-
tual obligation bei ng incurred by the autho-
rization of (a) cash payment and (b) t he
issuance of $3 ,500,000 "CITY OF LUBBOCK, TEXAS ,
CERTIFICATES OF OBI.IGATION, SER IES 197L~11 dated
January 15, 1974; appropriating current f unds
of the City to pay the ba l a nc e of suc h contrac-
tual obligations; providing for t he levy of a
tax· for the pa ymen t of t he principa l and in-
teres t on the certificates herein authocized
as the same become due; providing the terms
and conditions of such certificate s and t he
procedures to be followed in the delivery of
such certificates; enacting provisions incident
and relating to the subject and purpose of tnis
ordinance; and declaring an emergency.
WHEREFORE, notice has heretofore been given of the City 1 s i.n -
tent ion to let a contract for the furnishing .of all plant, l abor,
ma terials and equipment and the performing of all work requirt2d in
constructing a nd equipping a ci,Tic center to be known as Nen,lo :::-ial
Civlc Ce nter and to is s ue up to $3,500,000 in pr.inci.pa 1 amount of
certif i cates of obligation (payable from tax~tion) in pa yme nt of all
cr a portion cf the contract price and the contractual ob l i gc tion
to be incurred; and
WHEREAS, said n~tice was duly ·published in a newspaper of
general circula~ion int he City of Lubbock, Texas , on the 17th day
of December, 1973, and the 24th day of De cember, 1973, the date of
the first publication being fourteen (14) full days prior to· the
date set for the receipt of bids and the date set for the passage
of the ordinance authorizing the issu.ance of said certificates of
obligation; and
WHEREAS, the notice as issued and published provided bids for
the contracts would be received until 12:00 o'clock noon on the 18th
day of J a nuary, 1974, with the final a tvarding of sa id contracts pro-
posed to be made on the 21st day of January, 1974; a nd
WHEREAS, all bids submitted in response to said advertisements
have been checked, examined and tabulated by The Architect's Group ,
the City's Architect for the project for which contracts a r e to be
let, and said architect has reported to this Council that the best
bid submitted is as follmvs:
and
WHEREAS, th~ said architect has recommended that the aforesaid
proposal be accepted and tha t the following contract be executed by
and bettveen this City and the lQwest and best bidder, to wit:
AND, WHEREAS, it is hereby found and determined that the pro-
posal submitted by said contractor tvas the lowest and best bid re-
ceived for the construction of the improvements mentioned; tha~ sai
bid was submitted in accordance with the plans and specifications
prepared by the City1 s Architect for the project and in· compliance
with the terms and conditions set forth in the notice to bidders
a nd this Council hereby atvards the contract for the construction of
said improvements to said c ontractor; and
WHEREAS, it is further found and determined that no petition o
any kind protesting the issuance of certificates of obligation in
payment of all or a portion of said contractual obligations has
been filed with the City Secretary, any member of this Council or
any other official of the City; and
WliEREAS, this Council is now authorized and empowered to pro-
ceed with the awarding of said contract and providing for the pay -
ment thereof; and
WHEREAS, the awarding of the contract and making prov1s1on for
i.ts payment tvithin the time specified in the bid documents constitu e
this ordinance a measure for the immediate preservation of thE pub-
lic peace, property, health and safety requiring this ordinance be
adopted as an emergency measure; therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TE..'I{AS:
SECTION 1: That all of the findings or recitals contained in
the preamble of this ordinance are hereby adopted as a part of' this
ordinance and as a part of the judgment of this City Council and
are now incorporated herein as though set forth at length as a part
of this section.
SECTION 2: That the contract set forth in the preamble hereo
for the furnishing of all plant, labor, materials and equipment and
the performing of all work required for constructing and equipping
a civic center to be known as Memorial Civic Center is hereby appro -
ed and the Mayor and City Secretary are hereby authorized and direc -
ed to execute the same for and on behalf of the City and as the act
and deed of said City and this Council. It is further found and
determined that the payment and performance bonds submitted by said
contractor, each in the full amount of said respective contract
price, and each '<-Jritten by a responsible surety company authorized
to do business in the State of Texas, are in proper form, have ·been
duly executed and the same are hereby approved.
SECTION 3: That for the purpose of p~ying a portion of the
contractual obligations hereby incurred by the City for the furnish-
ing of ~11 plant, labor, materials and equipment and the performing
of all work required for constructing and equipping a civic center
to be known as Memorial Civic Center, there shall be and there is
hereby ordered to be i s sued under and by virtue of the Constitutio
and laws of the State of Texas, particularly The Ce rtificate of Obli·
gation Act of 1971, as amended, a series of certificates of obliga-
tion of said City to be known as "CITY OF LUBBOCK, TEXAS, CERTIFICA
OF OBLIGATION, SERIES 197411 , in the total principal amount of THRE
MILLION, FIVE HUNDRED THOUSAND DOLLARS ($3,500,000).
SECTION 4: That said certificates shall be dated January 15,
1974, shall be -numbered consecutively from One (1) through Three
Thousand Five Hundred (3,500), shall each be in the denomination of
One Thousand Dollars ($1,000); and shall become due and payable
serially on January 15 in each of the years in accordance. with the
following schedule:
CERTIFICATE NUMBERS
.. (All Inclus ive } YEAJi AMOUNr --
-
1 -175 1975 $ 175,000.00
176 -350 1976 175,000.00
351 -525 1977 175,000.00
526 -700 1978 175,000.00
701 -875 1979 175,000.00
876 -1050 1980 175,000.00
1051 -1225 1981 175,000.00
1226 -1400 1982 175,000.00
1401 -1575 1983 175,000.00
1576 -1750 1984 175,000.00
1751 -1925 1985 175,000.00
1926 -2100 1986 175,000.00
2101 -2275 1987 175,000.00
2276 -2450 1988 175,000.00
2451 -2625 1989 175,000.00
. 2626 -2800 1990 175,000.00
2801 -2975 1991 175,000.00
2976 -3150 1992 175,000.00
3151 -3325 1993 175,000.00
3326 -3500 1994 175,000.00
PROVIDED, HOWEVER, that the City reserves the right to redeem
the certificates of said series, in whole or any part thereof, at
any time after they become outstanding, at · the price of par and
accrued interest to the date fixed for redemption; and PROVIDED FUR
THER, that at least thirty (30) days prior to a date of any of said
certificates are to be redeemed.,. a notice of redemption, signed by
the City Secretary (specifying the serial numbers and amount of cer
tificates to be redeemed) shall have been mailed, first class mail,
to the Texas Commerce Bank, National Association, Lubbock, Texas;
and should any certificate or certificates not be presented for
redemption pursuant to such notice, the same shall cease to bear
interest from and after the date so fixed for redemption.
SECTION 5:
as follo~vs:
The certificates shall bear interest · from date
Certificates maturing in each of the years 1975 through
1979 bear interest from their date to maturity at the
rate of 5 5/8% per annum;
Certificates maturing in each of the years 1980 through
1994 bear interest from their date to January 15, 1979
at the rate of 5 5/8% and thereafter (from January 15,
1979) to maturity at the rate of 6% per annum;
such interest to be evidenced by attached coupons which shall repre
sent the interest to become due on July 15, 1974, and semi annually
thereafter on January 15 ~nd July 15 in each year.
SECTION 6: Place of Pa~ent. Both principal of and
interest on this issue of certificates shall be payable in lawful
money of the United States of America, without exchange or collection
charges to the owner or holder, at the TEXAS COMMERCE BANK, National
Association, Lubbock, Texas, upon presentation and surrender of the
certificates or proper coupons.
SECTION 7: Execution of Cert~ficates and Coupo~s. The
seal of said City may be impressed on each of said certificates, or,
in the alternative, a facsimile of such seal may be printed on the
said certific~tes. The certificates may be executed by the imprint-
ed facsimile signatures of the Mayor and the manual signature of the
City Secretary of the City. Interest coupons appurtenant to the
certificates may be executed by the facsimile signature of the Mayor
and City Secretary. Execution in such manner shall have the same
effect as if such certificates and coupons had been signed by the
Mayor and City Secretary in person by their manual signatures.
SECTION 8: The certificates shall be in substantially
the following form:
I . $1,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK, TEXAS, CERTIFICATE OF
OBLIGATION, SERIES 1974
THIS IS TO CERTIFY that, FOR VALUE RECEIVED, the City
of Lubbock, a municipal corporation of the State of Texas, is
'
justly indebted to and hereby obligates itself to pay to bearer
on the FIFTEENTH DAY OF JANUARY, , the sum of
ONE THOUSAND DOLLARS
($1,000) in lawful money of the United States of America, with
!interest thereon from the date hereof to * --------
BOTH PRINCIPAL OF AND INTEREST ON this certificate are
ereby made payable at the TEXAS COMMERCE BANK, National Associa-
tion, Lubbock, Texas, without exchange or collection charges to
the owner or holder.
certificates "NOTE TO PRINTER: on I , rna turing in the years 197 5 through 1979
·nsert: maturity at thec5AificRteJive and five eighths per centum
(5-5/8%) per annum. On/ · · maturing in the year 1980 and subse-
uent insert: January 15, 1979 at the rate of five and five-eighths
er centum (5-5/8%) per annum, and thereafter to maturity at the
ate of six per centum (6%) per annum.
THIS CERTIFICATE IS one of a series of Three Thousand Five
Hundred (3,500) certificates, numbered consecutively from One (1)
through Three Thousand Five Hundred (3,500) each in denomination
of One Thousand Dollars ($1,000), aggregating the princ i pal s um of
THREE MILLION FIVE HUNDRED THOUSA~U DOLLARS ($3,500,000) issued
for the purpose of paying a contractual obligation of the City in-
curred for the construction of public works, to wit: the furnish-
ing of all plant, labor, materials, and equip~nt, and the perform-
ing of all work required for constructing and equipping a civic
center to be known as Memorial Civic Center, under and by virtue o.t
the Constitution and laws of the State of Texas, including The
Certificate of Obligation Act of 1971, as amended, and in accord-
ance with an ordinance duly passed and adopted by the City Council
of the City of Lubbock, and of record in the Minutes of said City
Council.
AS SPECIFIED in the ordinance hereinabove mentioned, the City
reserves the right to redee~all certificates of this series, in
whole or any part thereof, at any time after they become outstand-
ing, at the price of par and accrued interest to the date fixed for
redemption; PROVIDED, HmoJEVER, that at least thirty {30) days prior
to a date any of said certificates are to be redeemed, a notice of
redemption, signed by the City Secretary (specifying the serial
numbers and amount of certificates to be redeemed) shall have been
mailed, first class mail, to the TEXAS COMMERCE BANK, NATIONAL
ASSOCIATION, Lubbock, Texas; and should any certificate or c erti-
ficates not be presented for redemption pursuant to such notices
the same shall cease to bear interest from and after the date so
fixed for redemption.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that all acts,
conditions and things required to be done precedent to and in the
issuance of this certificate, and the series of which it is a part,
have been properly done, have happened and have been performed in
regular and due time, form and manner as required by law; that the
contractual obligation to be paid with this certificate and the
series of which it is a part was incurred in accordance with law.
that the City has received full value and consideration for t-7ork
performed pursuant to said contractual obligations prior to the
issuance and delivery of this certificate; and that the total
indebtedness of the City, including this certificate and the series
of which it is a part, does not exceed any constitutional or statu
tory limitation, and that a sufficient tax to pay the principal of
and interest on this certificate and of the series of which it is
a part at their respective maturities has been levied and tvill con
tinue to be levied and collected and applied in payment thereof.
IN TESTIMONY WHEREOF, the City of Lubbock, Texas, by its
City Council has caused the seal of said City to be impressed
or a facsimile thereof to be printed hereon, and this certificate
to be executed with the imprinted facsimile signatures of the
Mayor and the manual signature o£.the City Secretary and the
h I certif1cates d . h h . coupons appurtena nt to sue ~o oe execute w1t t e 1m-
printed facsimile signature of the Mayor and City Secretary of
said City, as of the 15th day of January, 1974.
COUNTERSIGNED: ~~YOR, City of Lubbock, Texas
City Secretary,·City of Lubbock, Texas
SECTION 9: Coupon form. The form of said interest
coupons shall be substantially as follows:
NO. ON THE FIFTEENTH DAY OF $ ____ -+-
unless the certificate to which this coupon pertains has been p
erly called for redemption in accordance with its terms, the CiTY
OF LUBBOCK, a municipal corporation of the State of Texas, hereby
promises to pay to bearer in la\vful money of the United States of
America, without exchange or collection charges to the owner or
holder, at the TEXAS COMMERCE BANK, NATIONAL ASSOCIATION, Lubbock,
Texas, the sum of
DOLLARS -------------------
($ ), said sum being months' interest due
that day on "CITY OF LUBBOCK, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 197411 , dated January 15, 1974.
City Secretary Mayor
SECTION 10: That to provide for the payment of the debt
service requirements on the certificates, being (i) the interest
on said certificates and (ii) a sinking fund for their redemption t
maturity or a sinking fund of 2% (whichever amount shall be gre.ate )
there shall be and there is hereby levied for the current year and
each succeeding year thereafter while said certificates or interes
thereon shall remain outstanding and unpaid, a sufficient tax on
each one hundred dollars' valuation of taxable property in said Ci}
adequate to pay such debt service requirements and full allmvance
being made for delinquencies and costs of collection; ~aid tax sha 1
be assessed and collected each year and applied to the payment of
said debt service requirements and same shall n~t be diverted to
any other purpose. The taxes so levied shall be paid into a fund
known as 11SPECIAL CITY OF LUBBOCK, TEXAS CERTIFICATES OF OBLIGAT
FUND, SERIES 197411 , which is hereby established for the payment of
the obligations herein authorized. The Council hereby declares
its purpose and intent to provide and levy a tax legally and fully
sufficient for such certificates, it having been determined that t
existing and available taxing authority of the City for such purp
is adequate to permit a legally sufficient tax ·in consideration of
all other outstanding obligations.
SECTION 11: The Mayor and City Secretary of the City shall ,
have joint custody and control over the certificates herein auth-'
orized pending their delivery to the contractor. No certificates
shall be delivered until:
(a) the Architect {in writing) has approved the estimate of
the contractor;
(b) this governing body has approved the estimate and orde
same paid; and
(c) any coupons scheduled to mature before or on the
date of the delivery of the certificates have been detached.
Further orders are reserved until e.stimates are approved and sub-
mitted to this Council.
• SECTION 12: Nothing herein shall be construed as requiring
the City to deliver certificates of obligation herein authorized
should the City hereafter determine that it is to the bes t in-
terest of the City to pay such contractual obligation out o f
funds that may be then legally available for the purpose.
SECTION 13: The public importance of this measure a_nd the
fact that it is to the be st interest of the City to construct the
improvements contemplated at the earliest possible date constitute
and create an emergency and an urgent public_ necessity, requiring
that the rule providing for ordinances to be read more than one
. time or at more than one meeting of the City Council be suspended,
and requiring that this ordinance be pa ssed and take effect as an
emergency measure, and such rule is accordingly suspended and this
ordinance is passed as an emergency rtreaStrre, and shall take effect
and be in full force from and after its passage.
PASSED AND APPROVED this the 21st day of January, 1974.
Mayor, City of Lubbock, Texas
ATTEST:
Lubbock, Texas
(CITY SEAL)
. --
•
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE • 1959
·(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS,
THAT, PAGE & WIRTZ CONSTRUCTION COMPANY
. (he rei nafte r ca 11 ed the Pri nci pa 1 } , as P ri n ci pa 1 , andsAF ECO 1 NS URAN CE COMPANY
OF .a~eRICA , a corporation organized and existing under the laws Of the
State of wAsH r NGTON , with its pri nci pa 1 office in the City of
SEATD e {hereinafter called the Surety), as Surety,
are held and firmly bound unto CITY OF LUBBOCK {~he~rwe~i~na~f~t-e~r~c~a~1~1e~d~t-he--®~l,~'g_e_e~)-,~;-n-t~h-e--
-am_o_u_n7t-o~f~E-I_G_H_T_M--IL_L_I_O_N __ N_l_NE HUNDRED NINTY FOUR THOUSAND EIGHT HUNDRED
Dollars,($ 8,994,852.00 }. for the payment whereof, the sa;a FIFTY TWO
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 8 day of FEBRUARY ,
191.'!• to CONSTRUCT I ON PART I-LUBBOCK MEMORIAL CENTER
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 SUCii, 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, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amen-
ded by Acts of the 56th Legislature, 1959, and all liabilities on this bond
to all such claimants 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 and Surety have signed
and sealed this instrument this 8 day of FEBRUARY , 1974.
~oved as to form:
PAGE & WIRTZ CONSTRUCTION COMPANY ~~&h. l0~ .\J·S? (Seal) 6 ~
SAFECO lflSUPJiNC CCiJPAHY Of ri.;~J~~
'*BY:
Page 1
(Attorney in Fact) RICHARD T. LAUER
Payment Bond
8-8
The undersigned Surety company represents that it is duly qual-
ified to do business in Texas, and hereby designates JIM FINLEY &
ASSOCIATES INSURAN<ae agent resident in Lubbock County to whom any
requisite notices m~ be delivered and on whom service of process may be
h~d in matters arising out of such Suretyship.
SAFECD JtlSURAtlCE C361PACY Of AMIRJC.~
*Bv :_ ..... ~~p:::;;:l==re;r.::t=y=-__...Z'"'-l.p~L~=..;·;...;._
(Attorney in fact) Rl CHARD T . LAUER
*Note: If signed by an officer of the Surety Company there must be on
file with the city of lubbock~ Texas a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed
by an Attorney in Fact, the City of lubbock, Texas must have a copy of
power of attorney.
Page 2 Pa.vm;~~ Bon~
,.
...
-1. ..
STATUTORY PERFORMANCE BOND PERSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, ~59
(Penalty of this bond must be lOO% of contract amount)
KNOW All MEN BY THESE PRESENTS,
THAT, PAGE & WIRTZ CONSTRUCTION COMPANY
(hereinafter called the Principal), as Principal, and SAFE;CO INSURANCE
c~PAMY f* AMER rCA a corporati on organized and existing un er the aws of the State of WASHINGTON • with its princi-
pal office in the City of SEAITI E (hereinafter called
the Surety), as Surety, are he1d and firmly bound unto CITY OF
LUBBOCK {her~inafter called the Obligee), in the amount of EIGHT MILLION NINE HUNDRED NINTY FOUR THOUSAND EIGHT
HUNDfcER ~I FTY TWO ~NO N0/0011 ars, 8 4 8 2. 0 0 , or t e payment w ereof, the said Principa an Surety _ in t emse ves,
·and their heirs, administrators , executors, successors And assigns, joint-
ly and severally, finm1y by these presents .
WHEREAS, the Pri nci pa 1 has entered in to a certain written con-
tract with the Obligee, dated the s day of FEBRUARY
19z.!t., to CONSTRUCTION PART 1 -LUBBOCK MEMORIAL CENTER
which contract is hereby referred to and made a part hereof as fully and
to the s arne extent as if copied at length herein .
NOW, THEREFORE, THE CONDITION OF THIS· OBLIGATigN IS SUCH, that
ff the said Principal shall faithfully perfonm the wort in accordance
with the plans, specifications and contract documents, ~hen this obliga-
tion shall be void, otherwise to remain in full force aad effect,
PROVIDED, HOWEVER, that this bond is executed 1persuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th legisl ature, 1959, and all l~abilities on
this bond shall be determined in accordanc~ with the p~Nisions of said
Arti c 1 e to the s arne extent .as i f it were copied at 1 englih herein
IN WITNESS WHEREOF, the said Principal and s·amety have signed
and sealed this instrument this a day of !FEBRUARY , l9n .
•
PAGE & WIRTZ CONSTRUCVION COMPANY
~ ~ • ~ \ ~-\~ \t.R {Seal)
SAFE CO COMPAJNY OF A A
*BV: ?..~
(Attorney in Fmct) RICHARD T . LAUER
Page 1 ·Per~mrmance Bond
B-6
. The undersigned Surety company represents that it is duly qual-
ified to do business in Texas, and h.ereby designates .1 TM FINLEY
& A~SOCIATES INS. an agent resident in Lubbock County to whom any
requ site notices may be delivered and on whom service of process m~ be
had in matters arising out of such Suretyship.
*BY:
~:u:t~ ~ ~7~-=-
(Attorney in Fact) Rl CHARD T. LAUER
*Note: If signed by an officer of the Surety Company there must be on
file with the city of Lubbock, Texas a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed
by an Attorney in Fact, the City of Lubbock, Texas must have a copy of
power of attorney.
Page 2 Performance Bond
8-7
·~ SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: 4347 BROOKLYN AVE. N.E .• SEATTLE. WASHINGTON 98105
• POWER OF A ITORNEY
3502 No. __________ _
KNOW ALL MEN BY THESE PRESENTS:
That General Insurance Company of America and Safeco Insurance Company of America, each a Washington
corporation, does each hereby appoint
-------------------------RICHARD T. LAUER, Labbock, Texas---------------------------
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, General Insurance Company of America and Safeco Insurance Company of America have each
executed and attested these presents
this ____ 6_t _h ___ day of ___ .J_a_n_u_a_ry...;__ _____ , 1 Cl'--_7_2_
·cERTIFICATE
Extract from Article VI, Section 12, of the By-Laws of General Insurance Company of America
and of SAFECO Insurance Company of America:
"Article VI, Section 12,-FIOEUTY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shaU not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of General Insurance Company of America and
of SAFECO Insurance Company of America adopted July 28, 1970:
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article Vl, Section 12 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Wm. Hammersla, Vice President and ·secretary of General Insurance Company of America and of SAFECO Insurance
Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the :Resolution and the Power-of-Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and afftxed the facsimile seal of each corporation
this __ _,8..._ ___ day of FEBRUARY '19 ..1..!!_.
~~a_/
W.O HI\ .. MEASLA. UCAETARY
UFE&CASUALTY
· To
~ The A:tna Casualty and Surety Company
~ The Standard Fire Insurance Company
Hartford, Connecticut
CITY OF LUBBOCK
LUBBOCK, TEXAS
•
Date 2/8/7'+
Gentlemen: This is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present In force
in the Company indicated above by ~ , as follows:
Name of Insured
C<Nering
KIND OF INSURANCE
Workmen's Compensation
PAGE & WIRTZ CONSTRUCTION COMPANY
BOX 2570, AMARILLO, TEXAS 79105
LUBBOCK MEMORIAL CENTER
LIMITS OF LIABILITY
Each Person Each Occurrence Aggregate
..,
..
POLICY NO. EFFECTIVE
60C950287
-~ CPS 1/1/74
Manufacturers' & Contractors' ·' -~~
.... ..,. ' ..
Bodily Injury Liability
Property Damage Liability
Owners' or Contractors·
Protective
Bodily Injury Liability
Property Damage liability
Comprehensive Automobile
Bodily Injury Liability
Property Damage Liability
Comprehensive General
Bodily Injury Liability
Property Damage Liability
Bodily Injury Liability
Property Damage Liability
EXCESS LIABILITY
' ·~ • ~'i
_i .~. :_,_ ., $ ,000 •
$ .000 $ ,000
.. L
,000 . <·
.000 $ ,000
.. ,· r·, , ""'"'7'#'~~ ' '.C,..
~ '!'
$ 1 0 0 ,000 $ 3 0 0 ,000 60 AL193
841 CNN
$ 50 .000 ..
..
I------·I-S-~3:....0:....0~.ooo--1~S--3:....0.;_0:.....:..,000--f6 0 AL 19 3 841 CNN so .000 $ 1&0 ,000
s ,000 $ ,000 $ ,000
$ .000 $ ,000
1/1/74
1/1/74
~,000,000 2,000,000 60XS515WCA 1/1/74
EXPIRATION
1/1/75
1/1/75
1/1/75
1/1/75
AT. 273562
PRINTED IN U.S.A.
•
Attachment To Addendum No.4, Item No.5
I GENERAL CONSTRUCTION -.PART I
1 December 14, 1973
TOTAL COMBINED PARTS I, II AND III
BID PROPOSAL SUMMARY
GENERAL CONSTRUCTION
In accordance with the requirements of the INSTRUCTIONS TO BIDDERS, PART I -
LUPqOCK MEMORIAL CENTER, the following is an accurate tabulation of the BASE
PROPOSALS for the construction and completion of PART I -LUBBOCK MEMORIAL
CENTER and Project Improvements, PARTS II and III, ~~morial Center Complex,
Urban Rene~al Project Tex. R-138(c), including Mechanical Work, Electrical
Work, and Elevator Work, as described in the Contract Documents.
(Amounts shall be shown in figures only. In case of discrepancy between the
amounts shown on this Bid Proposal Summary and the amounts shown on the re-
spective Bid Proposal forms, the amount shown in words on the respective Bid
Proposal form will govern.)
PART I -LUBBOCK MEMORIAL CENTER
BASE PROPOSAL:
PART II-Project Improvements,
Tex. R-138{c)
BASE PROPOSAL:
PART III-Project Improvements,
Tex. R-138(c)
BASE PROPOSAL:
PART I and PARTS II AND III
TOTAL COftBINEO BASE PROPOSAL:
(Refer to 5-e, Instruction to
Bidders PART I -Lubbock Mem-
orial Center)
Date January 18, 1974
$ ~ Q \ ~ """L ~)... ..::s:
I I
0<-. $ __ 'L.::::·:....-I:...~~G~.::~,___'?>~' -~:>3>....ot----
(.•f'
$ __ ~\~~~~~··~~~~~,~C-·~(-~·\~~--
PAGE & WIRTZ CONSTRUCTION CO.
Name of Bidder
. ,,,. ......
.' NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
I •
State of __ ......;;;T-e.,.x_a_s _______ )
County of ___ L_u_b_b_o_c_k _____ )
Jack Wirtz , being first duly sworn, deposes and says that:
-----------~----------------
(1) He is officer of ---------(owner, partner. officer, representative, or agent)
Page & Wirtz Constr. Co, the Bidder that has submitted the atta<''ned Bid:
(~) He is fully informed respecting the preparatl.on and contents of the attached
B\d and of all pertinent circumstances respecting such Bid:
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any
way colluded, conspired, connived or agreed, directly or indirectly with any other
Bidder, firm or person to submit a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted or to refrain from bidding
in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference wi.th any other
Bidder, firm or person to fix the price or priC"es in the attached Bid or to secure
through any collusion. conspiracy, connivance or unlawful agreement any advan-
tage against the Lubbock Urban Renewal Agency or any person interested in the
proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are
not tainted by any collusion. conspiracy. connivance or unlawful agreement on the
-part of the Bidder or any of its agents, representatives. owners, employees. or
parties in interest~ including this affiant.
Subscribed and sworn to before me
this 18th day of January
1974 • 4~~
Notary Puhljc
Title
My Commission Expires 6-1-75
(Signed) _ __:~~~S.:a..::~o~~~\,::::~~~')-..£~~~~--
(Title) v2ce President
--~----------------------------
B-7A
~ '.
l
Attachment To
Addendum No.4, Item No.3
GENERAL CONSTRUCTION-PART I
December 14, 1973
BID FOR PART I -LUBBOCK MEMORIAL CENTER
GENERAL CONSTRUCTION
To the City of Lubbock, Texas, Box 2000, lubbock, Texas 79401
Gentlemen:
1. ·The undersigned, having familiarized. ____ i_t_s_e_l_f _____ _
(himself)(themselves)(itself)
with the existing conditions of the Project Area affecting the cost of the work,
and with the Contract Documents (which includes Invitation for Bids, Instruc-
tion to Bidders, Addenda {if any) General Conditions, Special Conditions, Tech-
nical Specifications, Drawings, (as listed in the Schedule of Drawings) and
form of Surety Bonds: as prepared by the Architects Group, Architects and
Engineers, and on file in the office of 11The Architects Group" and the City of
Lubbock, Texas~ hereby proposed to furnish all supervision, technical person-
nel, labor, materials, machinery, tools appurtenances , equipment, and services
including utility and transportation services and all Mechanical Work, Electri-
cal Work and Elevator Work required to construct and complete PART I -LUBBOCK
MEMORIAL CENTER all in accordance with the above listed documents.
The undersigned further agrees to commence work under this contract on a date to
be specified in a written "Notice to Proceed" by the City of Lubbock and to fully
complete PART I -LUBBOCK MEMORIAL CENTER within 1100 consecutive calen-
dar days.
The undersigned acknowledges receipt of the following addenda:
1 1 2 f 3 I and 4 1 5 1 6
8G-l I.
. .
BASE PROPOSAL: The undersigned agrees to furnish all supervision, technical
personnel, labor, materials, machinery, tools appurtenances, equipment and
services including utility and transportation services, Mechanical·work,
Electrical Work and Elevator Work, as described in the Contract Documents,
required to construct and complete PART I -LUBBOCK MEMORIAL CENTER for the
sum of:
(Amount shall be shown in both ~rords and figures. In case of discrepancy,
the amount shown in words will govern).
ATIENTION: THIS BASE PROPOSAL IS TO BE ENTERED ON THE '~TOTAL COMBINED PARTS
I, II AND I! I BI 0 PROPOSAl SUMMARY FORM -GENERAL CONSTRUCTION" PROVI OED WITH
PART I -lubbock Memorial Center BIDDING DOCUMENTS. THE HBIO PROPOSAL SUMMARY
FORM" lHll BE THE BASIS FOR THE DETERMINATION OF LOW BID AND AWARD OF CONTRACT.
(Refer to Instruction to Bidders).
DEDUCTIVE ALTERNATE PROPOSALS: If the Alternates, as described in The GENERAL
CONSTRUCTION SPECIFICATIONS FOR PART I -LUBBOCK MHilRIAl CENTER SECTION 10
ALTERNATES, are accepted, the following amounts shall be deducted from the
BASE PROPOSAL:
(An~unt shall be shown in both words and figures. In case of d;screpancy, the
amount shown in words will govern).
AlTERNATE No. 1
A~.: ... Add the sum of <f>ct.~e"'~'-~\~ -;'~o':!>~~ J
~ .. ..,. ~~ ~t-ca.6 Dollars ($ r(\ ,<coo oc )
AI.. TERNATE No. 2
Deduct the sum of £ 0'->~ \: "-'.o\:> ~~~ ~".. ~ ~
~~~~~ .. Dollars($ 4,Ci>OO ~ J
ALTERNATE No. 3
Deduct the sum of \"'-.:, s--"'s ....._ S: \ \lc:. '~'-1s,Q,~
J
0 -"=&., u.~~~ :E,;_R"'-\_...._. a~ Dollars ($ ~$ \$\ O~ ) i \ • .
8G-2
I.
I
AI.. TERNATE No. 4
' Deduct the sum of ~'."e. \"'ousg.~ ~· .. ..,.._ \.\~""~ C'~~
~\.s.f'~"-'5) .. , Dollars {$ S • '\\G. 0~ ) '
AL TERI4ATE No. 5
Deduct the sum of __ s..::..l.:!~ .. w:l>>--3'~'=>~'b~'-lt-S;o;Ls...~~~-___.S ... '..JI,o.JI,..._ ___ _
~ ~-+-¢.;:-m:¢e Dollars ($ c. <.aaa 0~ ) ~~~~~~~------------~ ,
ALTERNATE No. 6
Deduct the sum of ~ ', ...... e~e.e-... \~ oo=,o......,_~.
ALTERNATE No. 7
Deduct the sum of s~ -._-\'=',). ~\"s:., \b.o~-,s:;, .......... ~
0~ S7:"-a-""-~ ~~~eb Dollars C$ G:.S, sao-) '
ALTERNATE No. 8
Deduct the sum of -~~~~u~e,'"""---.JL'....;;.'-:::::...::is>i!:i'WIIIL..-iO~a:::'=::~¢~__::~:_::_~ ~-.)...;::e..~---
-~~~"'~b~~:=...:~!oiii6-.. ______ ~Do11ars ($
ALTERNATE No. 9
Deduct the sum of 0 ~ \,.\"'>:Dw~S ~6 '\..... 5:>~5C\."">~
()(:';) ____________ __,;;Dollars ( $ \C>C> .o~ t:::>-}
ALTERNATE No. 10 •
Deduct the sum of ------------------
-----------~Dollars($ \)~\e.~~ )
BG-3 I . I
.
•
ALTERHATE No. 11
Deduct the sum of -------------------------------------
----~-------..;;..;Do;;..;..l-....la~rs ($ ~ \e~ }
~US CONTRACTORS: The fo11owing subcontractors will be used for:
Name of Subcontractor Amount
MECHANICAL WORK 0. W. CHISUM COMPANY s \. ~(o "l..' soo
ELECTRICAL WORK WATCO ELECTRIC COMPANY $ 1b",4'1S6
ELEVATOR WORK DOVER ELEVATOR, INC. $ ~IS'<\~+
UNIT PRICES: For changing quantities of work items from those indicated by the
Contract Drawings, upon written instructions from the Architect, the following
Unit Prices shall prevail:
Kind of Work Un1 t of Measure Add Deduct -
1. Earth Excavation cu. yd. $20. $ 1. 75
2. Earth Fill cu. yd. $10. $ 1.50
3. Reinforcing Steel in Place Ton $600. $ 300.
4. Concrete in Place (Structural Concrete)
a. 3000 psi cu. yd. $35. $ 20.
b. 3500 psi cu. yd. $38. $ 20.
c. 4000 psi cu. yd. $40. $ 20.
d. 5000 psi cu . yd. $45. $ 20.
e. Exposed Aggregate
(Finish Type IV)
cu. yd. $50. $ 30
BG-4
•
I •
Kind of Work Unit of Measure Add Deduct
5. Drilled Piers (Including Concrete, Reinf. and Casings)
a. 18" shaft L.F. $2.20 $1.00
b. 24" shaft L.F. $3.30 $1.. so
c. 30" shaft L.F. $5 .so $2.50
6. Structural Steel
a. ASTM A-36 Ton $660. $200.
b. ASTM A-36 Ton $715 .. $250.
~. Concrete Fonns for:
a. Structural Concrete Sq. Ft. $3.00 $ .50
The above unit prices include all labor, materials, bailing, shoring removel,
overhead, profit, insurance etc., to cover the finished work of the several
kinds called for. Changes shall be processed in accordance with Article 12
of the General Conditions.
In submitting this Bid, the Bidder agrees that his Bid may be held by the City
of Lubbock, Texas for a period not to exceed ten (10) calendar days from the
date of the opening of the Bids for the purpose of reviewing the Bids and in-
vestigating the qualifications of Bidders prior to awarding the Contract .
In submitting this Bid, the Bidder understands that the right is reserved by
the City of Lubbock, Texas to reject any and all bids. If written notice of
the acceptance of this Bid is mailed, telegraphed or delivered to the under-
signed within three (3) days after the opening thereof, or at any time there-
after before this Bid is withdrawin, the undersigned agrees to execute and de-
liver an agreement in the prescribed form and furnish the required bond within
ten (10) days after the Agreement is presented to him for signature.
Security in the sum of 5% of bid amount Dollars ($ ) in
the fonn of Bid Bond , 1s submitted herewith in accordance
with the INSTRUCTIONS TO BIDDERS.
BG-5
•
I
I I •
If the bidder is awarded the contract. it is requested that intet~st-bearing
certificates of obligation be delivered to him in payment of any an~unt your
governing body detenmines is to be paid thereby, and the bidder now elects:
not to (strike one)
assi:n such certificates of obligation to the financial institution upon the
receipt of the price of par flat (no accrued interest, only the principal
amount of such certificates to be received). It is understood that such assign-
ment is to be made without recourse within 30 days after the receipt of suth
certificates by the Contractor. In the event no election is clearly shown, the
City of Lubbock, Texas may assume this bidder elects to assign any certificates
of obligation upon receipt of par flat (no accrued interest) or the bid may be
rejected. -
The Bidder is prepared to submit a financial statement upon request.
Date _____ J_a_n_. __ 1_8_, ________ 197~
Official Address:
PAGE & WIRTZ CONSTRUCTION CO.
Name of Bidder
By_~~~a..~~~'-·-.-.~_::. .. y,""'"""'k~~
-n:ck Wirtz O
Title Vice-President ----------------------------
P .O. Box 10402, Lubbock, Texas 79408
1946 Avenue Q, Suite 209
BG-6
·I BID BOND
KNCII ALL MEN BY lliESE PRESENTS • that we the undersigned,
PRINCIPAL, and ~,iFi.:,u J,;S Jf<Atiej:.: cu;,PAriY QF t,f;;k,rcA · · · · · , as
SURETY are held and f1nnly bound unto The City of lubbock, Texas in the
penal sum of F v r · 1 i ,, · ) Dollars,
($ <-aw u money of t e Un ted States. or the p~-
ment o w 1 sum we and truly to be made, we bind ourse 1 ves , our heirs,
executors, administrators, successors, and assigns jointly and severally.
finmly by these presents.
lHE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the Accompanying Bid, dated J,.:.. .• Jt'~R r l v • 19_L.!L,
for t>,.._~~T I Lu ~;l!O U·: i·IL.;,,;I-:.lJ-\L ~l..!!Tt-:1-·
NOW, THEREFORE, if the Principal shall not withdraw said Bid within the
period specified therein after the opening of the same, or, if no period
be specified, within thirty (30) days after the said opening. and shall
within the period specified therefor, or if no period be specified, with-
in ten (10) days after the prescribed fonns are presented to him for sig-
nature, enter into a written Contract with the City of Lubbock, Texas in
accordance with the Bid as accepted, and give bond with good and suffi-
cient surety or sureties, as may be required. for the faithful performance
and proper fulfillment of such Contract; or in the event of the withdrawl
of said Bid within the perio'd specified, or the failure to enter into such
Contract and give such bond within the time specified, if the Principal
shall pay the City of Lubbock, Texas the difference between the amount
specified in said Bid and the amount for which the City of .lubbock, Texas
may procure the required work or supplies or both, if the latter be in
excess of the former, then the above obligation shall be void and of no
effect, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above-bounded parties have executed this instru-
ment under their several seals this 1 ~. day of J.-. .•.• J ,r.l , 19 7~, , the same and corporate seal of each corporate party being hereto
affixed and these presents signed by its undersigned representative, pur-
suant to authority of its governing body.
In presence of:
-------=---r:--ro,._,.--:--~-.--........ --------{SEAL) (Individual Principal)
Page 1
{Business Address)
Bid Bond
B-1
! .
'
I
I I
Attest:
___________ (SEAL)
(Partnership)
(Business Address)
By: ____________ _
~.J-r..,.~;;;,:t~~ahy'-~--=;•. -..R.;:~--..f< .... Y-~__,~iQ-· --p;,cr:. <;· ·"r(Q;z~~~~~r,P~l:c\~tf u .. 2:~ .. r
3803 39th Street ?.o. L~X l J 4 J ~
Lubbock, Texas 79413 Lui.>G(J.~l~, T ..:M:.~
(Business Address)
k Affix
By: C\. c...cln,; \.~~ Corporate J A ~~~r;: oseal
Attest:
-;;? :416.-'_ {lu~
I.J o... t<. T r • .,...,L ~~~{JL."'-r~
<,<+:;:;5 2"~ ::J f•·,..:...:.r
L"'u..,vL. .. , TL ~,h;,
Countersigned
By:. ______________________ ___
_J COrporate Surety)
Attorney-in-Fact, State of · ·
(Power-of-Attomey for person sfgntng for surety company must be attached
to Bond.)
Page 2 Bid Bond
8-2
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, :;L._,.,,11, T Joa;,U.; ·. , certify that I am the-----
---..;;.~'-J·_·rl_,_Jr..._·M_r ..... -._: ----·• Secretary of the Corporation named as Principal
in the within bond; that __ J_H_c l_~·-·._fl_i,_T_'-= _______ • who signed the
said bond on behalf of the Principal was then ;r '--·-Pr • .::.,-r ·..,r:;-.,·
I
of said corporation; that I know his signature , and his signature thereto is
genuine ; and that said bond was duly signed, sealed. and attested to for and
in behalf of said corporation by authority of this governing body.
GL:...: ... T .iJi :~u .•
Page 3 Bfd Bond
8-3
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA .
IIOMI· f>ll ILl l\'l47 IJI100Kl 'II' I AVF.. N.f.., SEA TTU:, WASHINGTON 9810~
POWER OF ATTORNEY
')50 .. Nu. ____________________ __
KNOW ALL MEN 8Y THESE PRESENTS:
Titat General Insurance Company of America and Safeco Insurance Company of America. e:u.:h a WashingtOn
corpo~ation, does each hereby appoint
its true and lawful attomey(s)·in-fact, with full authority to execute on its behalf fidelity and surety bonds or undenakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, General Insurance Company of America and Safeco Insurance Company of America have each
executed and attested these presents ·
6th January 72 this ___________ day of _________________ , 19.<-----
• 0.HMMlR$&.A, SECit&1'Aft'f'
-------------------------------------------------------------------------------
·cERTIFICATE
Extract from Article Vl, Section 12, of the By·Laws of General Insurance Company of America
and of SAFECO Insurance Company of America:
"Article VI, Section 12, -FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shdll
each have authority to appoint individuals as attorneys·in-fact or under other appropriat~ titles with authority to el'ecute 011
behalf of the company fidelity and surety bonds and other documents of similar ~haracter issued by the company in the
course of its business . -. On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or und..:rtaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of General Insurance Company of America and
ofSAFECO Insurance Company of America adopted July 28. 1970:
''On any certificnte executed by the s~·cretary or an assistant secretary of the Company setting oul,
(i) The provisions of Article VI. Section 12 of the By-laws, and
(ii) A cupy of thl.' pnwer-of·atlorncy appointment, executed pursuant th~reto, and
(iii) Certifying th;1t s:liu power-o f-attorney appointment is in full fore..: and effect,
the signalurc uf the certifying olTiccr may be by facsimile, and the seal .,f the Company may be a facsimile thereof."
I, Wm. lfammcrsla, Vice President and Secretary of General Insurance Company of America and or SAFECO Insurance
Company of America, do hereby certify that the foregoing extracts of the By-Laws aud of a Resolution of the Board or
Directors of these corpor.ttions, and of a Power-of-Attorney issued pursuant thereto, are true and corn:ct, and that both the
8y·Laws, the Resolution and the Power-of-Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and afftxed the facsimile seal of each corporation
th. 18 d f Ji~; .JAP.Y 19 7 4 1s ----'<...:..-----ay o __ ::...:...;::..:....::::..:....::....:.....:.-------, _.
AGREEMENT
BETWEEN THE OWNERS AND THE CONTRACTOR
FOR PART I -LUBBOCK MEMORIAL CENTER
AND PARTS II AND III -MEMORIAL CENTER
COMPLEX, URBAN RENEWAL PROJECT TEX. R-138(C)
This AGREEMENT made this 8th day of _FE~B..;...;RU.;;..;.AR...;;;:..;..Y _____ , 197 ...£._,
by and beoveen PAGE AND WIRTZ CONSTRUCTION C<lv1PANY
(a corporation organized and existing under the laws of the State of TEXAS ),
{a-pal'tRet-ship-ee:rtSisting-ef ----------------------J
(M-iadividttal-tFadiRg-as -----------------------r,
(Strike out the two tenns not applicable) hereinafter called the "Contractor", and
The City of Lubbock and the Urban Renewal Agency of the City of Lubbock, Texas,
hereinafter called the "Owner" and the "Local Public Agency", respectively.
WITNESSETH, that the Contractor and the Owner and the Local Public
Agency for the consideration stated herein mutually agree as follows:
ARTICLE I
THE CONTRACT DOCUMENTS
The executed contract documents for PART I -LUBBOCK NEMORIAL CENTER
and PARTS I I and I I I -MEMORIAL CENTER COMPLEX, URBAN RENEWAL
PROJECT TEX. R-138 (C) hereinafter called "PART I" and "PART I I" and
"PART I I I" respectively, shall consist of the following:
1. This Agreement
2. Addenda for Part I, Part II and Part III
3. Invitation for Bids Part I, Part II and Part III
4. Instructions to Bidders Part I, Part II and Part III
5. Signed Copy of the Bid Part I, Part II and Part III
6. Conditions of the Contract (including but not limited to General
Conditions, Parts I and II, General Conditions -AIA Document
A201, and other Conditions)
7. Special Conditions Part I, Part II and Part III
8. Tedmical Specifications Part I, Part II and Part III
9. Drawings (as listed in the Schedule of Drawings) Part I, Part II
This Agreement, together with other documents enumerated in this
ARTICLE I, which said other documents are as fully a part of the Contract as
if hereto attached or repeated herein.
ARTICLE 2
THE WORK
The Contractor shall perform all the work required by the Contract
Dociunents for:
PART I ITEMS
I. Convention Complex
Consisting of Banquet Hall -Kitchen, Exhibit Hall, Meeting Rooms,
Theater, and other special purpose area, and including stairways,
elevators, air conditioning, plumbing, landscaping, lighting and site
development.
II. Central Plant
A seperate po1ver plant to serve the entire Memo rial Center Complex,
including an existing Central Library facility on the site.
PART I I ITEt<!S
I. Two Level Enclosed Pedestrian Jvtall
Including stairways, elevators, aluminum entrances, aluminum window
walls, air conditioning, plumbing, decorative fountains and pools,
planters, landscaping and lighting.
II. Pedestrian Bridge and Misc.ellaneous Site Improvements
Including walhvays, planters, sprinkler systems, landscaping and
lighting.
III. Entrance Plaza
Including wal~vays, planters, decorative fountains and pools , sprinkler
system, landscaping and lighting.
PART III ITEMS
I. Project Improvements
Site clearance and grading, street paving, storm drainage system,
sprinkler irrigation systems, plant material, water and se\-Ier lines,
drinking fountains, side\~lks, planters, pools and fotmtains, and
walkway lighting.
ARTICLE 3
ARCHITECT AND ENGINEER
The Architect for Part I of this project is The Architects Group . The
2
Engineer for Part II and Part III is Clifford Cason and Associates, Inc.
ARTICLE 4
TIME OF COl-iMENCEMENT AND COMPLETION
The work to be performed under this Contract shall be commenced on the
19th day of FEBRUARY , 197 4 and shall be completed on the 20th day
of FEBRUARY , 197_7_, except for the following items:
PART III
Early completion on those "~ter lines, sewer lines, storm sewers, inlets,
~1oles, and paving as noted on the drawings and all other work requiring
completion as required for proper and timely construction of the project.
Liquidated damages have been established in the Contract Documents Part I~
Part II and Part III. Those damages for Part I are due and payable to the owner
and Part II and Part III are due and payable to the Local Public Agency.
ARTICLE S
CONTRACT SU?vt
1. The Owner shall pay the Contractor for the perfonnance of lvork in
Part I through (i) the issuance and delivery of Certificates of
Obligation, ·in the manner set forth in Section 1, ~.39 of Part I,
Special Conditions and (ii) in cash out of funds legally available
for the purpose, either or both (as the governing body of the City
may determine), subject to additions and deductions by Change Order
as provided in the Conditions of the Contract, the Contract sum of:
Eight Million Nine Hundred Ninet1 Four Thousand
Part I Eight Hundred Fifty Two Dollars($8,994,852.00)
The Owner has elected to accept Alternate No. 1: AUT~·fATION and
Alternate No. 9; PROGRESS PAY?v!ENTS as set forth in Section lD -
ALTERNATES -PART I of the technical specifications.
2. The Contractor has elected to assign any Certificates of Obligation
issued and delivered to it in payment of part of the ~urk to be done
and performed under this contract to the Texas Commerce Bank~ without
recourse.
PART I ITE~1S
ARTICLE 6
PROGRESS PAYMENTS
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 p~yments on account of the Contract Sum Part I to the
Contractor as provided in .the Conditions of the Contract as follO\vs: . ~ --. . . . .
On or about the 1st day of each month ninety percent (90%) of the
proportion of the Contract Sum properly allocable to labor, materials, and
equipment incorporated in the l~ork and ninety percent {90%) of the portion
of the Contract Sum properly allocable to materials and equipment suitably
stored at the site or at some other location agreed upon in writing by the
·parties, up to the 20th day of that month, less the aggregate of previous
payments in each case; ana upon Substantial Completion of the entire Work, a
sum sufficient to increase the total payments to one hundred percent (100%)
of the Contract Sum, less such retainages as the Architect shall determine
for all incomplete Work and unsettled claims.
For protection of the 0,-m.er, ten percent (10%) of amount of each estimate lvill
be retained by o~er until fifty percent (SO%) of value of work has been
completed. No additional retainer, except as othenrise provided in Contract
Documents will 'be 'vithheld after completion of fifty percent (SO%) of value
of work. Retained percentage will be held until final completion and
acceptance of Work. -----·· . ----· . .. . ·-----·-·
Retained percentages herein provided for are to be retained and held for
sole protection and benefit of Owner, and no other person, firm or corporation
shall have or assert any lien, claims, right or priority herein, thereon,
~r thereto, or be entitled to receive any part thereof, except as herein ·I
expressly provided.
PART I I AND PART I I I ITE~lS
Payments. to the Contractor shall be made by the Local Public Agency as set
forth in the General Conditions Part I of the Contract Documents.
PART I ITEMS
ARTICLE 7
FINAL PAY~1ENT
Final payment, constituting the entire lmpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor thirty (30) days after
Substantial Completion of the Work unless othenvise stipulated in the
Certificate of Substantial Completion, provided the Work has been completed,
the Contract fully performed, and a final Certificate for Payment has been
issued by the Architect.
PART I I AND PART I I I ITE?-1$
Final pa)~ent to the Contractor shall be made by the Local Public Agency
as set forth in the Conditions of the Contract.
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J IN WITNESS WHEREOF, the parties have caused this AGREE~1ENT to be
executed in ten (10) original copies on the day and year first written above.
(Seal)
ATTEST:
-~~~
(Seal)
PAGE & WIRTZ CONSTRUCfiOi'.J CCMPANY
Street 1946 Avenue Q, Suite 209
City Lubbock, Texas 79408
City of Lubbock, Owner
Mayor Morris W.
APPROVED AS TO LEGAL SUFFICIENCY ~-Urban Rene\<al Agency o
Lubbock, Loca Pub i
the City of .
ency
(Seal)
APPROVED AS TO LEGAL SUFFICIENCY
Local Public Agency Attorney
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