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HomeMy WebLinkAboutResolution - 954F - Contract - Tech Electric Company - Garage Facility Construction - 10/22/1981I DGV:da RESOLUTION RESOLUTION 954 - 10/22/81 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the following agreements pertaining to the construction of a new City garage facility: P"(1) Bid Package 1 &'2, Contract with Hunter Construction Company. (a-(2) Bid Package 3, no bid. �1 (3) Bid Package 4,.Contract with Henson Plastering, Inc. E K(4) Bid Package 5, Contract with Lubbock Development Company. F (5) Bid Package 6, Contract with 0. W. Chisum & Company. f (6) Bid Pacitage 7, Co tract with Tech Electric Company. �L_(7) -Bid Package 8, Contract with All Texas Builders, Inc. Said contracts, which are attached hereto, shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of octnhPr 1981. is f r I McALI T R, MAYOR ATTEST: ij f� `k Evelyn 0affga, City retary-Treasurer APPROVED AS TO FORM: r' Don d G. Vandiver, Asst. City Attorney RESOLUTION 954-F - 10/22/81 Tech Electric Company NORMAN IGO • SCHAUER ASSOCIATES, INC. November 10, 1981 Mr. Bill Payne, Director Administrative Services City,of Lubbock Lubbock, Texas 79401 Re: City Garage Dear Mr. Payne: We are forwarding herewith documents on Bid Package 7 from Tech Electric Co. on the above referenced job for approval and signature by the Mayor for award of the contract for their phase of the work. Please return three (3) copies of the executed documents for the contractor's and our file, when they have been executed. Sincerely, Nor at v 9 Ig -Schauer/C.M., Inc. Co struction Manager NI/jl ARCHITECTS • ENGINEERS • CONSTRUCTION MANAGERS 2201 UNIVERSITY LUBBOCK, TEXAS 79410 8061747-0193 MEMBER AIA & PE Documents As Follows Dated 1. Notice of Acceptance 10/30/81 2. Acceptance of Change Order 10/20/81 3. Change Order #1 10/30/81 4. Contract 10/30/81 5. Payment Bond 10/30/81 6. Performance Bond 10/30/81 7. Power of Attorney 10/30/81 8. Certificate of Insurance 11/2/81 Please return three (3) copies of the executed documents for the contractor's and our file, when they have been executed. Sincerely, Nor at v 9 Ig -Schauer/C.M., Inc. Co struction Manager NI/jl ARCHITECTS • ENGINEERS • CONSTRUCTION MANAGERS 2201 UNIVERSITY LUBBOCK, TEXAS 79410 8061747-0193 MEMBER AIA & PE 7 October 30, 1981 NOTICE OF ACCEPTANCW RESOLUTION 954-F - 10/22/81 Tech Electric Co. TO: Tech Electric Company (Name of Bidder) 5632 Brownfield Highway (Address of Bidder) Lubbock. Texas 79407 (City and State of Bidder) - The City of Lubbock, having considered the proposals submitted and opened onthe6 day of October 19___6L_, for work to be done'and materials to be furnished in and for:. --City Garage and.Sanitation Facilities Rid ParkagP #7 w rhA qA nrri,., ti" 1. Tota1 rnntrart Amniont $,72 MR nn' as. -.,set forth.in,detail in the Specifications, Plans, and Contract. Documents :for such work for-the.City of Lubbock; it appearing that your proposal, is fair, equitable and ;to the best interest of said City:please,.take.iotice'•that said.proposal was accepted by the City Council of the City of Lubbock-on•.the 22 day. of October 19_, at the bid -price. contained` therein, subject -to the executign,of and furnishingof all contract,documents, bonds, certificates of insurance, and all other documents specified and required to. be executed and furnished under the 'contract documents. It will be- necessary for you to executeand furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five (5x) per cent bid security, submitted with your proposal, -will be returned upon the execution of such contract documents and bondswithinthe above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit_ specified, said bid security will -be retained by the City of Lubbock. CITY OF LUBBO O nzer' .Repres ntative . , -7 TO: City of Lubbock, Owner Re: City Garage and Sanitation facilities/Igo-Schauer Associates, Inc. Construction Managers ACCEPTANCE OF CHANGE ORDER 1, QaS contractor, do hereby' agree to and accept all. of the Provisions set forth.by.-Change Order No. l to Bid -No. a copy of •which Change,Order is attached hereto.. I under:stand:tha- this acceptance .shat-]became-a,.part of the Contract Documents for the above named project and stall be'subject.to all of the provisions thereof.. This acceptance executed this 7o day of 1981. Con E CHANGE OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ .ORDER FIELD ❑ AIA DOCUMENT 0701 OTHER PROJECT: City Garage and Sanitation Facilities CHANGE ORDER NUMBER: I (name, address) 324 Municipal Drive Lubbock, Texas 79401 70 (Contractor) F Tech Electric Co. ARCHITECT'S PROJECT NO: City Garage 5632 Brownfield Highway CONTRACT FOR: BID PACKAGE NO..7' Lubbock, Texas 79407 (_ _j CONTRACT DATE: October 30, 1981 You are directed.to make the following changes in this Contract: Item No. 1 - Delete Building 'B' of the project completely. Item No.•2 - Reduce the overall length of Building 'A' of the project from 265'-1 3/4" to 19.31-,1 3/41' by deleting the center 72'-0" of the overall building length. and moving the south 916'-6 7J8" of the overall building ;length 72'rO',' to the north. This reduction shall constitute 'a deletion of all' work"originally shown on the drawings within the 72'-0" x 119'-9" x"full height of building area deleted. Item No. 3 —Omit all Special Coatings from the project (Sec. 91 of specifications). Change remaining lath and plaster at: building .'A' to standard three coat stucco plaster system. Note: Upon acceptance of this change order, the entire contract documents shall be construed to be changed to the provisions herein. Revised drawings reflecting these changes shall be issued prior to commencement of construction. The original Contract Sum was . . . . . . . . . . . . . . . . . . S 93,460.00 Net change by previous Change Orders . . . . . . . . . . . . . . S 0 The Contract. Sum prior to this Change Order was . . . . . ... S 93,460.00 The .Contract Sum will be 0Ar E eased) (decreased) (erneh&nCed) by this Change Order . S 20,592.00 The new Contract Sum including this Change Order will be S 72,868.00 The Contract Time will be (increased) (decrease* (unchanged) :by I 0 ) Days. The Date of Completion as of the date of this Change Order therefore is unchanged Norman Igo—Schauer Assoc., Inc. Tp,.Ih Flectr{c Co City of Lubbock ARCHITECT CONTRACTOR OWNER 2201 University 5632 Brownfield Highly 916 Texas Avp_ AddAddress Address ess Lubbock, Texas 79410 Lubboe"eras 79407 Lubbock, Texas 79401 DATE ,Yn T an I Q 1 DATE ASA DOCUMENT 0701 CHANGE ORDER • APRIL 1970 EDITION • AIA® • 0 1970 • THE ONE PAGE AMERICAN INSTITUTE OG ARCHITECTS. 1735 NEW YORK AVE.. NW. WASHINGTON. D.C. 20006 CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this .._loth_ day of oetnher A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through --_ gill MnAllster , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and of .the City of Lubbock , County of Lubbock and State of Texas. , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and: agreements hereinafter mentioned, to be made:and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows. - Project: City Garage & Sanitation Facilities, Lubbock, Texas The contractor shall perform all -of the work under -Rid Packages No. 7 at the abovereferencedproject in accordance with contract documents for construction prepared by Norman Igo -Schauer Assoc: Inc., Architects and .Engineers and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction ih`accordance with the contract documents as defined in the -General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall :have been given to him and to substantially complete same within the time specified in the contract :documents. The OWNER agrees to pay the CONTRACTOR in current funds for the perfor- mance of the contract in accordance with the, proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock in the year and day first above written. CITY OF O ER) BY: Mr.iB ll McAlister MAYOR ATTEST: _ 1 Se retary Torh F.lortvir rn_ ATTEST: Secretary COMPLETE ADDRESS: Tech Electric Co. 5632 Brownfield Highway Lubbock, Texas 79407 t t PAYMENT BDND STATUTORY U)MMNT BOND PURSUANT TO ARTICIE 5160 OF TFIE REVISED CIVIL STATUTES OF TERAS A5 AMENDED BY. ACTS OF TI$ 56TH IEGISIATURE, REGUTAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that J. F. B., INC. DBA TECH-ELEC COMPANY (hereinafter called the Principal (s)-, as Principal (s), and THE AMERICAN DRUGGISTS' INSURANCE COMPANY (hereinafter- called,theSurety (s), as Surety (s), are held and firmly bound unto' the City of Lubbock (hereinafter called the Obligee) in the -amount of SEVENTY TWO THOUSAND; EIGHT HUNDRED SIXTY EIGHT AND NO/100-dollars : ($ 72,$68-.00 } lawful money of the United States for the 'payment whereof, the said p#ncipal 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 30th day of October 19 81 to Complete the work under Bid Packages No. 7 of*the Projects City Garage & Sanita- tion Facilities, Lubbock, Texas, in accordance w/the contract documents as prepared by Norman Igo -Schauer Assoc., Inc., Architects and Engineers and:.said principal -Under the law is required before commencing the work. provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 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 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 by Acts of the 36th Legislature, Regular Session, 1159, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. - IN WITNESS`F'HEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 30TH day of OCTOBER 79 1 THE AMERICAN DRUGGISTS' J. F. B.,, INC. DBA ��- INSURANCE COMPANY TECH-ELEC COMPANY Surety r ax By: *By: Y BIPJRNS(Titli> PRESIDENT HO ARD COWAN Title) ATTORNEY IN FACT By. (Title) By: • (Title.) The" undersigned : surety company `represents that it is duly qualtffed,: to -do business in Texas,' -and hereby designates JIM FINL'EY S ASSOCIATES 'I'NS, an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process'may", be,had:-in matters arising out'of such suretyship. THE AMERICAN DRUGGISTS' INSURANCE COMPANY Surety *By: OWARD COWAN (Title) ATTORNEY IN FACT Approved as to form: City of Lubbock By: LLC )__L_4aL MR� SS's- City Attorney *'Notes If signed by an officer of the Surety Company there must been fil'e's dertified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Payment Bond - Page 2 PERFORMANCE BOND STATUTORY PERFaMNCE BOND PURSUANT TO ARTICIE 5160 OF THE REVISED CIVIL STATUES OF TERAS AS AMMED BY ACTS OF TEE 56TH LEGISLATURE. REGIIIAR SESSION, 1959 KNOW ALL YzN BY THESE PRESENTS, that J. F. B., INC. DBA TECH-ELEC COMPANY (Hereinafter called the Principal (s), as Principal (s), and THE AMERICAN DRUGGISTS' INSURANCE COMPANY (hereinafter called the Surety(s), as Surety(s) are held and firmly bound unto the.City._nf.Lubbock (hereinafter, called the Obligee), in the amcuat ofSE�NTY TWO THOUSAND, EIGHT HUNDRED SIXTY EIGHT AND NO/100---------Dollars 72, 8.68.00 )`'lawful money gf the .United States for the payment �,rhereof , :ahe::=said -Principal and Suety bind,.themseIves and -their heirs,_ administrators; executers, 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 ,3oth day of October 19 Al , to Complete the work under Bid Packages No. 7 of the Project: City Garage and Sanitation Facilities, Lubbock, Texas, .in Accordance w/the contract documents as prepared by Norman Igo -Schauer Assoc., Inc., Architects and Engineers -..'and, said `principal under the law is required before commencing the work provided for.in said contract to execute a bond in the amount of said contract which :contract is hereby referred to and made a par: hereof as fully and to -the same extent as if.copied at length herein. NOS'; THEREFORE, THE CONDMON OF THIS;- OBLIGATION IS SUCH, that: ifthe. 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, ROWEVER, 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, rq,gular session 1959, and all liabilities on this bond shall be determined in accordance with•the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principals) and Surety(s) have signed and sealed this instrument this 30TH day of OCTOBER , 19 81 THE AMERICAN DRUGGISTS' INSURANCE COMPANY Surety. .*'B? A64��( HOWARD COWAN (Title) ATTORNEY IN FAC1Py: By: J. F. B. INC. DBA - - TECH-ELEC COMPANY ci a1 J Y BU S (Title)`�DRESIDENT, (Title) By (Title): _ The: tnders gne.d surety company -represents tha.r it is duly qualified ,.to: _.do business in Texas, and hereby designates J -IM FINLEY £ ASSOCIATES INSIL an agent resident in Lubbock County, to whom any . req-u�tsf,tc-notices m2y be delivered and on whom service'of process may be! hid ija matters arising out of such suretyship.: ,THE AMERICAN DRUGGISTS' INSURANCE COMPANY Surety *By: HOWARD COWAN (Title) ATTORNEY INTACT Approved as to Form. City of Lubbock n By :d .• A5q f, ity Attorney :'*Note: If signed by an officer of the Surety Company there must be pn filea certified extract from the by-laws showing that this person has authority to sign:such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Performance Bond - Page 2 • POWER OF ATTORNEY POWER NUMBER THE AMERICAN DRUGGISTS' INSURANCE COMPANY SP N° 617513 800 American Building • Cincinnati, Ohio 45202 • 513 - 721.4270 KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, and having its general office in the city of Cincinnati, State of Ohio, has made, constituted and appointed, and does by these presents, make, constitute and appoint Jim F<intey, GePttAude Ckoeka, Tom Vick t nd of HomAd Cowan of Lu66ock... Texaa its true and lawful Att6rney4n-Fact with full power and authority hereby conferred to sign and deliver in its behalf as Surety, any and all kinds of Surety Bonds, except as limited hereon, and to bind THE AMERICAN DRUGGISTS' INSURANCE COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly -authorized officers of THE AMERICAN -DRUGGISTS' INSURANCE COMPANY and all the acts of said Attorney -in -Fact, pursuant to theauthority hereby given, are hereby ratified and confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed 'One HundAed Thousand Dottans THIS POWER VOID IF ALTERED OR ERASED OR IF POWER NUMBER IS NOT IN BLUE INK. (This power does not authorize the execution of bonds for loan, financial or bank guarantees.) The acknowledgement and execution of any such document by said Attorney -in -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any powe7 of attorney granted, and the signature of the Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing -such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. .THE AMERICAN DRUGGISTS' INSURANCE COMPANY further certifies that the following is a true and exact copy of a resolution of the Board of Directors of THE AMERICAN DRUGGISTS' INSURANCE COMPANY, duly adopted and now in force, to wit: All Bonds of the corporation shall be executed in the corporate name of the Company by the President, any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, or any Assistant Secretary may appoint Attomeys-in-Fact or agents who shall have authority to issue bonds in the name of the Company. Januaky All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 7 '19 82 , but until such time shall be irrevocable and in full force and effect. IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY has caused these presents to be execut- ed by its officer, with its corporate seal affixed, this date of OCTOBER 30 191-1. THE AMERICAN.DRUGGISTS' INSURANCE COMPANY V. • ,p y'iA,.•�i E a 1. •?,, i By .Ooxf�� STATE OF OHIO ) President COUNTY OF HAMILTON ) SS: On -this OCTOBER 30 -,19 1 , before me, a Notary Public;personally appeared GordonM.'Barker who being by _ me duly' sworn, acknowledged that he signed the above Power -of -Attorney as an officer of the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY and acknowledged said instrument to be the voluntary act and deed of the corporation. My commission expires: January 15, 1985 i, •,,R1AL , fat Notary Public If you have any questions concerning this power call .513-7214270 for verification: CERTIFICATE OF INSURANCE Jocorcpo .. a NAME AND ADDRESS OF AGENCY JIM FI•NLEY 8 ASSOCIATES INSURANCE P.O. BOX 6800 LUBBOCK, TEXAS 79413 NAME AND ADDRESS OF INSURED J. F. B... INC. DBA TECH—ELEC COMPANY 5632 BROWNFIELD HIGHWAY LUBBOCK, TEXAS 79407 COMPANIES AFFORDING COVERAGES COMPANY LETTER A UTICA MUTUAL INSURANCE COMPANY COMPANY B GRAPHIC ARTS MUTUAL INS. CO. LETTER COMPANY LETTER COMPANY D LETTER COMPANY E 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 terms. exclusions and conditions of such Dolicies. COMPANY POLICY Limits of Liability in Thousan S EACH AGGREGATE LETTER TV PEOFINSURANCE POLICY NUMBER EXPIRATION DATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 300 $ 3 0 0 A ® COMPREHENSIVE FORM TMP 1619 11/1/82 1z PREMISES—OPERATIONS - PROPERTY DAMAGE /y $ 100 0 $ 100 ❑ EXPLOSION AND COLLAPSE HAZARD ❑ -- UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ rvl BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY $ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY PERSON) $ 2 5 0 (EACH ' A COMPREHENSIVE FORM GLA 6 516 0 11 / 1 / 8 2 BODILY INJURY $ 500 ®OWNED (EACH ACCIDENT) ® HIRED PROPERTY DAMAGE $ ® NON -OWNED BODILY INJURY AND $ PROPERTY DAMAGE COMBINED EXCESS LIABILITY -- A ® UMBRELLA FORM LU 4391 11/1/82 BODILY INJURY AND PROPERTY DAMAGE $1..000 $ 1.'000 El OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY B and W 203463-81 11/1/82 EMPLOYERS' LIABILITY $ 100 (EACH ACC DENT) ` OTHER INSTALLATION F DATER S 35428 11/1/82 A ANY ONE LOCATION $200.,000.00 �A OWNERS 8 CONTR CTORS GLA 65903 11/2/82 BODILY INJURY 500 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES NAMED INSURED: CITY OF LUBBOCK PROJECT:CITY GARAGE 6 SANITATION FACILITIESO LiJiSCK, TEXAS, BID PACKAGES NO.7 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named- cer�iJJcatV fM(der, but failure to mail such notice shall impose no obligation or liability of airy KiTrii upon th4.caxriparly. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK� TEXAS 79457 -1 . 4 DATE ISSUED: 11/2/81 J IM e ACORD 25 (1-79) !IM 1FINI. TES INS. CHANGE ORDER RESOLUTION 954-F 7 T,c�rnFTARY-TREASURER Original amount of contract Net amount previous change orders Net amount this change order Amended amount of contract Percentage change of contract price Additional Time of Completion The date of substantial completion as of this change order therefore is $ 72.868.00 0 0 72,868.00 0 53 October 12, 1982 WHEREAS, it is desirable to make changes in the plans and specifications for this project; THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owner and Contractor agree to the change shown herein and in the attached exhibits and data, the Owner and the Contractor agree that the ori- ginal contract between them shall be modified to the extent herein indicated. Extend time of completion 53 calendar days per attached request due to delays caused by weather. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 7 day of October , 1982. CITY OF LUBBOCK OWNER Tech Electricom an BY: BY: TITLE ATTEST: _ Norma I o -Schauer Associa es, Inc. Ev lyn G2TjTC Se - e r reasurer BY: a APPROV 0CONTENT: TITLE 'den W. Payn0d, Director of Administrative Services . APPROVED AS TO FORM: s Aij7 Attorney