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HomeMy WebLinkAboutResolution - 1723 - Contract - Lee Lewis - Terminal Expansion, LIA - 06/14/1984!� T MG:da RESOLUTION RESOLUTION 1723 - 6/14/84 ;16-. -7,*'71 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 a Contract between the City of Lubbock and Lee Lewis General Contractor for expansion of Lubbock International Airport Terminal, attached herewith, which 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 14th day o ATTEST: City Secre ary- reasu e APPROVED AS TO CONTENT: arvin LOttee, UirectgW o APPROVED AS TO FORM: is a Glisar,.Assis'ant City Attorney f June , 1984. /Z 2L ALN HENRY, M YOR I f :RESOLUTION 1723 - 6/14184 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Fourteenth day of June Hundred and Eighty -Four BETWEEN the Owner: City of Lubbock, Texas and the Contractor: Lee Lewis General Contractor Lubbock, Texas The Project: Lubbock International Airport. Terminal Building - Phase II The Architect: Whitaker, McQueen, Jones and Associates and Hellmuth, Obata and Kassabaum, Inc. The Owner and the Contractor agree as set forth below. in the year of Nineteen Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A11i1-1977 1 r ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Lubbock International Airport Terminal Building - Phase II ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on the date sti pul ated in the Notice to Proceed and, subject to authorized adjustments, Substantial Completion shall be achieved not later than 580 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) calendar days thereafter. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Six Million Nine Hundred Seventy -Six Thousand Seven Hundred Seventy -Five and No/100ths Dollars ($6,976,775.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) Base Bid ------------------------------------------- $6,914,000.00 Alternate No. 1 Accepted) ------------------------- 71,000.00 Add Alternate -No. M- �Acceptedl Accepted----------------------- (8,500.00) Deduct Alternate No. E-1 ----------------------- 275,:00 Add TOTAL . UU Note: The.Base Bid includes a $410,000.00 contingency allowance in accordance With Section 01023 of the Specifications. The unit prices listed below shall determine the value of extra Work or changes, as appl i - cable. They shall be considered complete including all material and equi pment, I abor, instal1ation- costs , overhead and profit, and shall be used uniformly for either additions or deductions. Recarpeting Use of Casings T31.OQ/sq.yd. $13.50/vert.ft. ARTICLE 5 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 payments on account of the Contract Sum to the Contractor as pro- vided .in the Contract Documents for the period ending the last day of the month as follows: Not later than fifteen (15) days following the end of the period covered by the Application for Payment ninety-five percent ( 95 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety-five percent ( 95 %) 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, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and 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 amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (it not covered elsewhere In the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) QJsury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 1977 - AIA® ©1977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Articled and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (list below the Agreement, the Conditions of the Contract (Genera), Supplementary, and other Conditions), the Drawings, the specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) See Attached Exhibit "A".. This Agreement entered into as of the day and year first written above. OWNER CITY OF LUBBO -TEXAS oe BY: 4�2L' — Alan Henry, Mayor ATTEST Evelyn GafftA City Secretary -Treasurer AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 AIA, 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4 EXHIBIT "A" AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS, AND LEE LEWIS GENERAL CONTRACTOR Dated June 14, 1984 The Contract Documents consists of: THE AGREEMENT GENERAL CONDITIONS OF THE CONTRACT - Bound with Section 00700 of the Project Manual. THE DRAWINGS - Bound separately dated 4/23/84. Section 1. General Information 2. Site Plans 3. Structural Drawings 4. Plans, Elevations, Sections, Details 5. Plans, Sections, Details, Schedules M. Mechanical Drawings P. Plumbing Drawings E. Electrical Drawings Sheets 2.1 3.1 - 3.29 ,4.1 - 4.35 5.1 - 5.5 M-1 - M-23 P-1 - P-27 E-1 - E-36 THE PROJECT MANUAL (Specifications) - Bound separately dated 4/23/84. Division 1 - General Requirements 2 - Site Work 3 - Concrete 4-- Masonry 5 - Metals 6 - Wood and Plastic 7 - Thermal and Moisture Control 8 - Doors and Windows 9 - Finishes 10 - Specialties 11 - Not Used (continued on page 2) Pages 01005-1 - 01700-3 02072-1 - 02515-5 03100-1 - 03521-3 04001-1 - 04270-4 05120-1 - 05521-2 06001-1 - 06001-5 07213-1 - 07900-3 08110-1 - 08912-6 09205-1 - 09973-,2 10163-1 - 10800-4 r Exhibit "A" Page 2 12 - Not Used 13 - Not Used 14 - Conveying Systems 14212-1 - 14212-1 15 - Mechanical 15100-1 - 15900-4 16 - Electrical 16100-1 - 16800-2 ADDENDUM N0. 1 - Dated May 10, 1984 ADDENDUM N0. 2 - Dated May 18, 1984 ADDENDUM N0. 3 - Dated May 25, 1984 COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER NAME AND ADDRESS OF AGENCY Limits of Liabilityin Thousands REPUBLIC HOGG ROBINSON OF TEXAS, INC. COMPANIES AFFORDING COVERAGES P.O. BOX 6800 EXPIRATION GATE LUBBOCK, TEXAS 79413 LEA NATIONAL AMERICAN INS. CO. OMAN COMPAN Y LETTER B HOUSTON GENERAL INSURANCE CO. NAME AND ADDRESS OF INSURED LEE COMPANY LEWIS GENERAL CONTRACTORO INC. , •65197 LETTER NATIONAL AMERICAN INS. CO. CALI P.Os BOX ® COMPREHENSIVE FORM 110011782 LUBBOCK, TEXAS 79464 LcEEoTMrERNY D NATIONAL AMERICAN INS. CO. N.Y. COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in forceat this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the described terms, exclusions and conditions of such policies. policies herein is subject to all the COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liabilityin Thousands EACH AGGREGATE OCCURRENCE EXPIRATION GATE GENERAL LIABILITY BODILY INJURY f 300 f 300 A ® COMPREHENSIVE FORM 110011782 2/23/85 ® PREMISES—OPERATIONS EXPLOSION AND COLLAPSE PROPERTY DAMAGE f 100 f 100 (� HAZARD L�S,1 UNDERGROUND HAZARD PRODUCTS/COMPLETED (� OPERATIONS HAZARD BODILY INJURY AND 1.x(1 CONTRACTUAL INSURANCE PROPERTY DAMAGE f f BROAD FORM PROPERTY DAMAGE COMBINED INDEPENDENT CONTRACTORS PERSONAL INJURY f 300 PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ 250 A COMPREHENSIVE FORM 110011782 2/23/85 BODILY INJURY $ 500 OWNED (EACH ACCIDENT) HIRED PROPERTY DAMAGE f NON -OWNED BODILY INJURY AND f PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND B�[ UMBRELLA FORM rL`J't 5 XS 20 28 73 2/23/85 PROPERTY DAMAGE f 10, 0 0 0 f 10, 0 0 OTHER THAN UMBRELLA FORM COMBINED WORKERS' COMPENSATION STATUTORY A and 110011783 2/23 / 8 5 EMPLOYERS' LIABILITY $100 (EACH ACCIDENT) �I C ALL RISK BUILD RS RISK 210005659 2/23/85 LIMITS —VALUE $6,976,775. .1D OWNERS 8 CONTR CTORS 310012693 6/14/85 B.I. 500 000/ P.D. 100100 RE: CONSTRUCTION OF LUBBOCK INTERNATIONAL AIRPORT TERMINAL BUILDING— PHASE II NAMED INSURED: CITY OF LUBBOCK, P.O. BOX 20000 LUBBOCK, TEXAS 79457 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 1 0_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 ACORD 25 (1-79) DATE ISSUED: 6/6/84 E U L �G)G I 7SON OF T EXAS AUTHORIZED REPRESENTATIVE e+ im. SAFECO PAYMENT BOND SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 4806613 q8 00 6, 6,p13 Bond No. IN49M KNOW ALL BY THESE PRESENTS, That, we, LEE LEWIS GENERAL CONTRACTOR, INC. LUBBOCK, TEXAS (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK, LUBBOCK. TEXAS (hereinafter called the Obligee) in the amount of SIX MILLION NINE HUNDRED SEVENTY—SIX THOUSAND SEVEN HUNDRED SEVENTY—FIVE AND NO/100 DOLLARS C$6_476_775,-00) Dollars, 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 14 day of JUNE 19 84, to wit: CONSTRUCTION OF LUBBOCK INTERNATIONAL AIRPORT TERMINAL BUILDING— PHASE 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 material to him/her 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 amended in, 1977, 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 and Surety have signed and sealed this instrument this 14 day of JUNE 19$4_. LEEGENERAL CONTRACTOR, INC. (Seal) Principal SAFECO INS CE COMPANY OF AMERICA (Seal) By G RT UDE CROCKER Attorney -in -Fact 5-1214 R2 7/82 i SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICJ FIRST NATIONAL INSURANCE COMPANY SAFECO OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 PERFORMANCE BOND 4806613 (McGregor Act -Public Works)mo Texas Bond No. KNOW ALL BY THESE PRESENTS, That, we, LEE LEWIS GENERAL CONTRACTORp INC. LUBBOCK. TEXAS (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington., with its principal office in the City of Seattle, Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK, LUBBOCKO TEXAS (hereinafter called the Obligee) in the amount of SIX MILLION NINE HUNDRED SEVENTY—SIX THOUSAND SEVEN H NDR VENTY—FIVE AND NO/100 DOLLARS ($6,976,775.00) Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14 day of JUNE 19$x, to wit: . CONSTRUCTION OF LUBBOCK INTERNATIONAL AIRPORT TERMINAL BUILDING— 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, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended in, 1977, 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 and Surety have signed and sealed this instrument this 14 day of .11INF 19_$4. Witness: (If Individual or Firm) Attest: (If Corporation) OF 5-1214 R2 7/82 (Seal) (Seal) LEE LP ERAL CONTRACT �aI)INC. (Seal) Principal SAFECO URANCE COMPANY OF AMERICA B (Seal) GER RUDE CROCKER Attorney -in -Fact POWER OF SAFECO INSURANCE COMPANY OF AMERICA ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 SAFECO Na. 4852 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ----H. T. WILKINS; GERTRUDE CROCKER; HOWARD COWAN, Lubbock, Texas itstrue and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 6th day of January '19 80 `✓ ' / v HA� LA. SECRETARY . W. CANNON, 4gE510ENT 1• -•- CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, 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 shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors 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 V, Section 13 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, W.D. Hammersla, Secretary 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 this corporation, 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 affixed the facsimile seal of said corporation �5�4�QC11 � 01? ...y�.r this 14 day of JUNE 19 84 y i W SEAL H >ir W. D. HAMMERSLA, SECRETARY sl 1953 0� of WASN�NG/ S-1300 R4 8/81 PRINTED IN U.S.A.