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HomeMy WebLinkAboutResolution - 1660 - Contract - M&S - Remodel, Fire Station #7 - 04/12/1984RESOLUTION 166o - 4/12/84 Bid 7885 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 a Contract between the City of Lubbock and M & S Construction Company, to remodel Fire Station Number 79 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 12th day of Apri1 1984. . , � .'.cam✓ =I . / ATTEST: E elyn Ga fga, City Ere y APPROVED AS TO CONTENT: Tom Foster, Fire Chief APPROVED AS TO FORM: Ken Joh son, Assistant City Attorney t RESOLUTION 1660 - 4/12/84 Bid 7885 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 IS 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. EEMENT made as of the 12th day of April Hundred and Eighty Four BETWEEN the Owner: City of Lubbock P.O. Box 2000 Lubbock, Tx 79457 and the Contractor: M & S Construction Company 702 Avenue K Levelland, Tx ?9336 The Project: .Fire Station Number 7 Remodeling X702 Utica Avenue Lubbock, Texas The Architect: Calvin C. Craig Jr. 2529 74th Street Lubbock, Tx 79423 Owner and the Contractor agree as set forth below. in the year of Nineteen Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1%1, 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 • AIA6 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, tie Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all ddenda 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.) Fire Station Number 7 Remodeling, 1702 Utica Avenue, for the -City of Lubbock, Lubbock County, Texas. 11 ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced April 23, 1984 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than thine 6, 1984. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREE.IoENT • ELEVENTH EDITION • JUNE 1977 • AIA* 01977 • 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 Twelve Thousand Seven Hundred and Seventy Four and no/100 Dollars (6 129774.00) The Contract Sum is determined as follows: (State here the but bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) ARTICLE S 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 thirtieth day of the month as follows: Not later than ten days following the end of the period covered by the Application for Payment ninety, percent ( 90 %) of the portid'n of the Contract Sum properly allocable to labor, materials and equipment Incorporated in the Work 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, 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 ninety percent ( 90 %) 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 or interest agreed upon.) 0sury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regularions at the ONner'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 • )UNE 1977 • AIAe 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1731 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 Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contract (General, 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.) Instruction to Bidders 2 Pages Proposal 2 Pages Payment Bond 1 Page Performance Bond 1 Page A.I.A. General Conditions Of the Contract for Construction 19 Pages Technical Specifications Divisions 1 through 9 22 Pages Divisions 10 & 11 Not Applicable Division 12 1 Page Division 15 - Mechanical, 15A Gen- eral Requirements for Plumbing and Electrical 3 Pages Division 16 - Electrical, 16A Elec- trical 4 Pages. Plan Sheet A-1 of 1 Sheet Attest This Agreement entered into as of the day and year first written above. OWNER Cy VYA f LuYbo ck It z�iy_�uga, e��zy secretary om Fostert Fire Chier CONTRACTOR M and 8 Construction Co. A/?jrtn rehip w R gin 8 ens, Partner Donald --Killer, Partner AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREFMENT - ELEVENTH EDITION - )UNE 1977 - AIAa 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 17.15 NEW YORK A\'F., N.W., WASHINGTON, D. C. 20006 A101-1977 4 N �f log ■111111 CITY SECRETARY -TREASURER Mr. Calvin C. Craig, Architect 3805 - 28th Street Lubbock, Texas 79410 RE: Resolution No. 1660 (4-12-84) Documents relating to contract Dear Mr. Craig: COPY 762-6411 P. 0. Box 2000 BO'CK' LUBBOCK, TEXAS 79457 May 8, 1984 Pursuant to instructions from Ken Johnson, Assistant City Attorney, returned herewith to you is your transmittal letter reflecting the receipt of the referenced document and his approval. These have been placed with the original contract referenced above. If I can of further assistance, let me know. EVELYN GAFFGA, CMC City Secretary EG/jn Enclosure CALV-I-,t4 C. CRAIG, ARCHITECT AND f STREET • LUBBOCK, TEXAS = • 3805 28th 79410 1 May 1984 Mr. Ben Johnson ENGINEER VAXXLTM 799-3529 Legal Department City of Lubbock P.O. Box 2000'�� Lubbock, Tx 79457 tlp; ` It ye Fire Station No*7 Remodeling � "o E Dear Sir: Enclosed herewith are the following; 1. Performance Bond with New Date 2. Payment Bond with New Date 3. Power of Attorney for Perkins, Hicks & Covington 4. Certificate of Insurance Amended to include Builder's Risk 3,'� S' oVTo' If these are satisfactory, please send me a signed copy of the Contract. Sincerely, n ra Encls: As Listed Above cc: Chief Tom Foster TheTeinktyTrinity Universal Insurance Co. Security National Insurance Co. Comnanies Trinity Universal Insurance Co. w IF of Kansas, Inc. Dallas. Texas 75201 TEXAS STATUTORY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That M & S Construction 702 Ave K, Levelland, Texas 79336 and Security National Insurance Company (Hereinafter called the Principal) as Principal Dallas, Texas, (Hereinafter called the Surety), as Surety are held and firmly bound unto City of Lubbock, Texas (Hereinafter called the Obligee), in the amount of Twelve Thousand Seven Hundred Seventy -Four and no/100---------------------------------------------------------(Dollars) ($ 12,774.00 ) 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 thel2th day of Arpil , 19 R4— to Fire Statin # 7 RPmndPl 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 or a subcontractor 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 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 some extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of April , 19 84 Fs `o+` IN _ ,m S AL IN �:. ':o ?SEAT, EAL_; Ii= SEAL`= r �• �mmmn — .•Inm S-3562 K & S IPRINCIP BY: Regi al tep ens Co -Partner Security ational ur ce Company By. ORNEY.IN.FA eT SuSan Hicks I 'r TheTriniiy VCompanies Dallas, Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint Jim H. Perkins; Susan Hicks; Robert Covington Amarillo, Texas its true and lawful Attorney (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. EXCEPT NO AUTHORITY IS GRANTED FOR: 1. Open Penalty bonds. 2. Bonds where Attorney(s)-in-Fact appear as a party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents this ')7ti' day PhT,idcdiY 1984. DITM E. FAGAN, CORP, SECRETARY A. JJ TILER. AUTHORITY FOR POWER OF ATTORNIN That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete copy: "RESOLVED, That the President, any Vice -President, or any Secretary of each of these Companies be and they are hereby authorized and empowered to make, execute, and deliver in behalf of these Companies unto such person or persons residing within the United States of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney -in -Fact, with full power and author- ity uthority to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys -in -Fact and Officers of the Companies, including Assistant Secre- taries, whether or not the Secretary is absent, be and ore hereby authorized and empowered to certify or verify copies of the By -Laws of these Companies as well as any resolution of the Directors, having to do with the execution of bonds, recognizances, contracts of indemnity, and oil other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys -in. Fact. RESOLVED, That the signature of any of the persons described in the foregoing resolution may be fac- simile arsimile signatures as fixed or reproduced by any form of typing, printing, stomping or other reproduction of the names of the persons hereinabove authorized." CERTIFICATION OF POWER ATTORNEY I, Judith E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full fares and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation this12th day of Anri 1 aPS�.L INs`� pr►: �M���.� �'O of ��o f/jJ'.�f� J/GJ �SESI. c:SEAL.°t;SEAI. _ ✓JUOITN E. FAaAN, CORP. SECRETARY �p o-a•as REV. 3-l2 I ' RIGHTS UPON THE CERTIFICATE HOLDER. � THIS,_ CERTiFi1CATE lS ISSUED S A MATTER OF INFORMATION ONLY AND CONFERS NO tl THIS CERTIFICATE DOES NOT AMEND,' EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF tD+ I•E• COMPANIES AFFORDINGCOVERAGES PerkinsJim • P.O. Box 9336 COMPANY Amarillo, Texas 79105 Limits of Liabili in Thousan s F COMPANY B POLICY NUMBER POLICY EXPIRATION DATE , LETTER La 'Canal Insurance Cmpany NAME AND ADDRESS OF INSURED COMPANY ( _ M & S COnStruCtlon BODILY INJURY LETTER ,7 V Fid l • 1 A COMPREHENSIVE FORM PREMISES—OPERATIONS 702 Avenue K .. 9/14/84 COMPANY E 100 Levelland, Texas 79336 LETTER COMPANY ^'y HAZARD LETTER This is to certify 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 other 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 forme arelueinnc and conditions of such nolicies. UNDERGROUND HAZARD Limits of Liabili in Thousan s F COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE , EACH OCCURRENCE AGGREGATE I' GENERAL LIABILITY BODILY INJURY bGAO JV S GAO' {q.74. A COMPREHENSIVE FORM PREMISES—OPERATIONS E—NSL-509FO12-8-83 9/14/84 PROPERTY DAMAGE E 100 E 100 EXPLOSION AND COLLAPSE ^'y HAZARD UNDERGROUND HAZARD ER PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE E f �BROAD FORM PROPERTY COMBINED DAMAGE CONTRACTORS PERSONAL INJURY $ 500 INDEPENDENT Eii PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ �} COMPREHENSIVE FORM BODILY INJURY $ 250 LR OWNED (EACH ACCIDENT) PROPERTY DAMAGE f 19 -'NSIr509F012-8-83 �... 9/14/84 HIRED �j - BODILY INJURY AND E 1 �I NON -OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY B BODILY INJURY AND ' UMBRELLA FORM XS Ol 15 83 9/14/83 PROPERTY DAMAGE S lOOO Ai $ �.DOO ❑ OTHER THAN UMBRELLA COMBINED '.. FORM WORKERS' COMPENSATION STATUTORY A and EE—UB-509F013—A-83 9/14/84 s N EMPLOYERS' LIABILITY �. ce �I,pd p OTHER $12,774.00 C Builder's Risk To Be Determined 7/23/84 All Risk -$250. Ded. SII iI jf DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES I Building Construction Remodel Fire St4ilm Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing Co pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure t mail such notice shall'i pose no obligation or liability of any kind upon the Company. . d, NAME AND ADDRESS OFCERTIFICATE, HOLDER: 4/25/84 W�M1i DATE ISSUED: City of Lubbock Lubbock, Texas it kI I'I ' I HO&IZAsoiaeE Inc. Ferkn J I " . Aman 2s 11.7oti II . MAP IN FILE SEE RESOLUTION