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Home My WebLink AboutO-2002-2538 . . ORDINANCE NO. 2002- 258! AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT AND CHANGE ORDER NO.1, BETWEEN THE CITY OF LA PORTE AND CONSTRUCTION MASTERS, INC., FOR CONSTRUCTION OF FIRE STATION NO.4; APPROPRIATING $754,000.00 PLUS A CONTINGENCY OF $7,000.00, TO FUND SAID CONTRACT AND CHANGE ORDER NO.1; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIx the seal of the City to all such documents. The City Council appropriates the sum not to exceed $754,000.00 from General Obligation Bond Fund 041, plus a contingency of $7,000.00, to fund said contract with change order. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been . e ORDINANCE NO. 2002- open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11th day of February, 2002. By: 7&~~ No an L. alon, Mayor ATIEST: ~e~~ City Secretary Knox W. Askins City Attorney oe e 2000 Edition - Electronic Format AlA Document G701- 2000 Change Order PROJECT: (Name and address) La Porte Fire Station #4 2900 S. Broadway La Porte, Texas 77572 TO CONTRACTOR: (Name and address) Construction Masters PC Box 1587 Pearland, Texas 77588 CHANGE ORDER NUMBER:! DATE: 11 February 2002 ARCHITECT'S PROJECT NUMBER:_ 001207 -055 CONTRACT DATE: 11 February 2002 CONTRACT FOR: New Construction Fire Station #4 for the City of La Porte THE CONTRACT IS CHANGED AS FCLLO (Include. where applicable. any undisputed amount at See attached. The origina Contract Sum) ( The net change by previously authorized Cha The (Contract Sum) ( 0 The (Contract Sum) (CHaraRteed Ma~Hll:lm this Change Order in the amount of $ 34 The new (Contract Sum) (Cl:.Israaleea . 754.000.00 The Contract Time will be (' The date of Substantial Completion as of the NOTE: This Change Order does not includ Guaranteed Maximum Price which have bee which the cost or time are in dispute as describ Not valid until si ned b the Architect Co Randall-Porterfield Architects, Inc Construction Masters City of La Porte. (Signature) :1Q1Jn~) (Signature) CWNER(Typed name). Michael Porterfieid BY BY J-'S/.~l. DATE c1olll-SrA ocr/ bN' g~S BY 2-/-02 DATE DATE C) 2000 The American Institute ot Architects. Reproduction ot the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. y,tARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: g701 chg or l.aia -- 1/31/2002. AlA License Number 1007489, which expires on 1012/2002. OWNER ~ ARCHITECT ~ CONTRACTOR ~ HELD 0 OTHER D - AUTHENTICATION OF THIS ELECTRONIC ALL Y DRAFTED AlA DOCUMENT MAYBE MADE BY USING AlA DOCUMENT ~1. II'!!!!!!!!! ~ .... ," .....~ ..... ~.. . - ..... .. ....... "" - @ 2000 AIAC!ll AlA DOCUMENT G701-2ooo CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 e e Change Order No. 1 Attachment. 1 . Acceptance of Alternate with revised cost from $32,300 for emergency . generator to a price of ......... .........................................................:.... ..$20,000.00 2. Upgrade metal roof from a 10-12 year life cycle to a metal roofing system with a 30-plus year life cycle.. .............................................................. .$14,000.00 Total $34,000.00 FEB-04-02 MON 01:00 PM R~LL-PORTERFIELD FAX NO, 2841t16 6920 p, 02 - RANDALL-PORTERFIELD ^ R CHI TEe T S tIN C. _ 1- 1_ ,....... r'_ c___.____ February 4. 2002 Mr. Doug Kncupper Planning Director City of La Porta 604 West Fairmont Parkway La Porte, Texas 77572-1115 Rc: Fire Station No.4 for tho City of La Porte Dear Mr, Kneupper; On Monday, January 14, 2002 at 2:00 pm competitive sealed bids were received at the City of La Porte for the Proposed New Fire Station No.4; Twelve gener..l contractors submilted sealod bids with accomPl:!nying bid bonds, Based on an analysis of the submitted bids, Construction Masters of Houston, Inc. is the apparent low bIdder. Arter negotiations on the emergency generator alternate, Construction Masters have revised their cost from $32,300 to $20,000. The metal roofing system in the base bid for this Job was budget driven. Afler further revIew of the budget, we recommend to upgrad~ the metal roof from a 10 - .12 year life cycle to a mcl~1 roofing system with a 30-year plus life cycle. It is therefore recommended the City of La Porte enter Into a formal agreement as oullined in the contract documents with Construction Masters of Houston, Inc. for the sum of seven hundred twenty thousand dollDrs and zero cents ($720,000.00). . . We arc also recommending that the City of La Porte. once tho contract Is approved, sign Change Order No.1 wllh UH~ acceptance of the allernate for t[le emergency generator In the amount of $20,000.00 and upgrade the melal roofing system In the amount of $14.000. Change Order No.1 would Increase the biJl>o ~id to s.aven hundred and fifty four thousand dollars ($754~OOO). . We believe that Construction Masters Is best qualifiad to' succassrully execute the r!'lqulremenls of this contract, and Ihere"fore represent tho best for the City. Sincorely, ~ ~.......- s,,~ l'"M 270 NorLb . League City, 'I'X 77573 H'\/l'II\\L.II'llrlu VlrvSI.llan '4\"rommelld.lla~L1Llut.Lluc: 181-332.6680 Fl1x: 281-316-6920 . e BIDDER TABULATION SHEET NEW FIRE STATION #4 CITY OF LA PORTE Bid Opening DatelTime: January 14, 2002 @ 2:00 pm ALTERNATE CONTRACT BID BOND BASE BID Add power CONTRACTOR TIME generator Construction Yes 300 days $720,000 $32,300 Masters The Trevino Yes 210 days $750,000 $13,000 Group Warwick Yes Omitted $750,000 $15,000 . Construction A- Tec Eng. & Yes 220 days $762,023 $17,100 Cont., Inc Clear Lake Yes 225 days $769,000 $14,000 Construction Stephens Yes 200 days $773,900 $13,950 Construction Commodore Yes 240 days $777,000 $19,000 Construction Frost . Yes 210 days $783,000 $14,300 Constructors Horizon Yes 210 days $798,900 $20,000 Construction Patak Yes 300 days $849,400 $21,000 Construction Gaskey Yes 210 days $860,000 $22,300 Construction Hull & Hull Yes 271 dayS $881,586 $15,000 Commodore Construction 55 Lyerly. Ste. 100 Houston, TX 77022 Fax: 713~694-0714 Hull & Hull Construction 2223 Kelley Houston, TX 77026 Fax: 713-699-2581 Clear Lake Construction 1909 Marvin Circle Seabrook. TX 77586 Fax: 281-474-3844 Trimble & Stephens 47.01 Gulf Freeway, F-1 La Marque, TX 77568 Fax: 409-941-9711 DT Construction Po Box 534 Humble, TX 77347-0534 Fax: 281-540-0174 e Pre-Qualified Bidder List Fire Station No.4 CLP Project No. 2000-2201 Frost Constructors 8810 Will Clayton Pkwy Ste. C Humble,.TX 77338 Fax: 281-446-0552 Gaskey Construction 11422 Craighead Houston, TX 77025 Fax: 713-349-0090 Construction Masters PO Box 1587 Pearland,TX 77588 Fax: 281-485-4702 Horizon Constructors PO Box 35758 Houston, TX 77235 Fax: 713-721-8667 e A- Tec Engineers & Contractors 103 South Friendswood Dr. Friendswood,TX 77546 Fax: 281-482-7575 The Trevino Group 1616 W. 22nd St. Houston, TX 77008 Fax: 713-863-8522 Patak Construction 1927 Hwy. 146 Kemah, TX 77565 Fax: 281-334-9814 Warwick Construction 1100 Nasa Rd. One, ~te.100 Houston, TX 77058 Fax: 281-957-0029 e e 1997 Edition -Electronic Format AlA Document A 101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Twelfth day of February in the year of Two Thousand-Two (In wonts, indicate day. month and year) BETWEEN the Owner: (Name, address and other information) City of La Porte PO Box 1115 604 West Fairmont Parkway La Porte. Texas 77572-1115 and the Contractor: (Name. address and other information) Construction Masters of Houston. Inc PO Box 1587 3908 3rd Street Pearland. Texas 77588 The Project is: (Name and location) Construction of a New Fire Station #4 2900 South Broadway La Porte. Texas 77572 The Architect is: (Name. address and other infonnation) Randall-Porterfield Architects. Inc 565 FM 270 North League City. Texas 77573 The Owner and Contractor agree as follows. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. AUTHENTICATION OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MA Y BE MADE BY USING AlA DOCUMENT 0401. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditIons unless this document is modifie~ . This document has been approved and endorsed by The Associated General Contractors of America. ARTICLE 1 THE CONTRACT DOCUMENTS _ The Contract Documents consist of this Agreement, Conditions of the Contract (General, . Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the ~~ ,:: Contract ,as if attached to this Agreement or repeated herein. The Contract represents the .....;........... entire and integrated agreement between the parties hereto and supersedes prior negotiations, - representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ~1997 AIACD AlA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents. except to The American Institute of Architects the extent specifically indicated in the Contract Documents to be the responsibility of others. 1735 New York Avenue, N.w. Washington, D.C. 20006-5292 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION - o 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, (Q 1997 by The American InstItute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: al01 owner-contr.aia -- 2/25/2002. AlA License Number 1007489, which expires on 10/2/2002. e e 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fIxed in a notice to proceed issued by the Owner. (Insert the date of commencement if it diffen from the date of this Agreement or, if applicable, state that the date will be fixed in a nolice to proceed.) Date to be specified in written "Notice to Proceed" If. prior to the commencement of the Work. the Owner requires time to file mortgages. mechanic's liens and other security interests. the Owner's time requirement shall be as follows: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH . . .. RESPECT TO ITS COMPLETION OR 3.3 The Contractor shall achieve Substantial Complel1on of the enl1re Work not later than MODIFICA TlON. AUTHENTICA TION OF days from the date of commencement. or as follows: THIS ELECTRONICALL Y DRAFTED AlA (Insert number of calendar days. Alterna.lively. a calendar date may.be used when. coordinated wit~ the date t;f DOCUMENT MAYBE MADE BY USING AlA commen~ement. l1n!ess sta.ted elsewhere m the Contract Documents, msert any req~ments for earlier Substantial DOCUMENT D401 Completion of certaIn portions of the Work.) . Three hundred days from date specified in written "Notice to Proceed" 3.2 The Contract Time shall be measured from the date of commencement. AlA Document AlOl.I997, General .. . . .. Conditions of the Contract for . subject t~ ~dJu~tments of ~lS Contract Tlm~ as pro~lded m the Cont~act Documents. Construction, is adopted in this document (Insert proYlSJ.ons, if any. for -liquidated damages relating to failure to complete on time or for bonus payments for by reference. Do not use with other early completion of the Work.)., _J'.' nJ, 'h' J t . Bener", CO,IfiItlOns u ess" IS "ocumen IS Owner shall deduct from the final oayment a sum equal to $500/day per calendar day modified. for each and every calendar day work beyond date of substantial completion. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Seven Hundred Twenty Thousand Dollars ($ 720.000.00 ). subject to additions and deductions as provided in the Contract Documents. This document has been approved and endorsed by The Associated General Contractors of America. 4.2 The Contract Sum is based upon the following alternates. if any. which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identiOcation of accepted alternates. If decisions on other altemates are to be made by the Owner subseguent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices. if any. are as follows: ARTICLE 5 PAYMENTS II!!!!!' 5.1 PROGRESS PAYMENTS . 5.1.1 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 provided below and elsewhere in the ~.""_: Contract Documents. _ 5.1.2 The period covered by each Application for Payment shall be one calendar. month ending on the last day of the month. or as follows: Cl1997 AIAGD AlA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT . . . .. . I The American Institute of Architects 5.1.3 PrOVided that an ApplicatIOn for Payment IS received by the Architect not ater than 1735 New York Avenue, N.W. the 1im1day of a month. the Owner shall make payment to the Contractor not later than the Washington, D.C. 20006-5292 ~ day of the ~ month. If an Application for Payment is received by the Architect after o 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, (!) 1997 by The American Institute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: al01 owner-contr.aia -- 2/15/2002. AlA License Number 1007489, which expires on 10/2/2002. 2 . e the application date fIXed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. . . . . .. THIS DOCUMENT HAS IMPORTANT LEGAL 5.1.5 Applications for Payment shall mdicate the percentage of completIon of each portIOn CONSEOUENCES. CONSULTATION WITH of the Work as of the end of the period covered by the Application for Payment. AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress MODIFICATION. AUTHENTICATION OF payment shall be computed as follows: THIS ELECTRONIC ALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA .1 Take that portion of the Contract Sum properly allocable to completed Work as DOCUMENT 0401. determined by multiplying the percentage completion of each portion of the Work by AlA Doc t A201 1997 G aI the share of the Contract Sum allocated to that portion of the Work in the schedule of Conditio~'":~ the C~ntra~t f~~er; values, less reta~age of. five percent ( Q %). Pend~g f~al determinatio!1 of cost to Construction, is adopted in this document the ~wn~r of changes m the Work. amounts not m dispute shall be mcluded as by reference. Do not use with other proVided m Subparagraph 7.3.8 of AlA Document A2.01-1m. general conditions unless this document is modified. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),less retainage of~ percent (~%); .3 Subtract the aggregate of previous payments made by the Owner; and This document has been approved and endorsed by The Associated General Contractors of America. .4 Subtract amounts, if any. for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2.0l-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph ~8.5 of AlA Document A201-1.9.97 requires release of applicable retainage upon Substantial Completion oFWOrK with consent of surety, iF any.) . - .2 Add, if fmal completion of the Work is thereafter materially delayed through no fault .. of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A2.01-1m. ... ." .... .... .,,-. . - ..... 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: ~ (IFit is intended, prior to Substantial Completion of the mtire Work, to reduce or limit the retainage resulting from the percmtages inserted in Clauses 5.L6.J and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documm/s, insert here provisions for such reduction or limitation.) C1997 AlA. AlA DOCUMENT A 101-1997 OWNER-CONTRACTOR AGREEMENT 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance The American Institute of Architects payments to suppliers for materials or equipment which have not been delivered and stored at 1735 New York Avenue, N.W. the site. Washington, D.C. 20006-5292 o 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American InstItute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a101 owner-contr.aia -- 2/1512002. AlA License Number 1007489, which expires on 1012/2002. 3 e e 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AlA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH 5.2.2 The Owner's fmal payment to the Contractor shall be made no later than 30 days after AN ATTORNEY IS ENCOURAGED WITH the issuance of the Architect's final Certificate for Payment or as follows: RESPECT TO ITS COMPLETION OR , MODIFICATION. AUTHENTICATION OF THIS ELECTRONIC ALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. ARTICLE 6 TERMINATION OR SUSPENSION' 6.1 The Contract may be terminated by the Owner or the Contractor as provi4ed in Article 14 of AlA Document A201-1997. AlA Document A201-1997. General 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document Conditions of the Contract for A201-1997. Construction. is adopted in this document by reference. Do not use with other ARTICLE 7 MISCELLANEOUS PROVISIONS sen~r~1 conditions unless this document is mocJ/f,ed. 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or This document has been approved and supplemented by other provisions of the Contract Documents. endorsed by The Associated General Contractors of America. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon. if any.) Usury 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 prindpal places of business. the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications. and also regarding requirements such as written disdosures or waivers.) 7.3 The Owner's representative is: (Name. address and other information) Douglas Kneupper. PE Plannina Director 7.4 The Contractor's representative is: (Name. address and other information) Bob Campbell President I!!!!!!!!I 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: Cl1997 AlAe AlA DOCUMENT A 101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects ARTICLE 8 ENUMERA liON OF CONTRACT DOCUMENTS 1735 New York Avenue. N.W. 8.1 The Contract Documents, except for Modifications issued after execution of this Washington, D.C. 20006-5292 Agreement, are enumerated as follows: <i:l 1915. 1918. 1925: 1937. 1951. 1958, 1961, 1963. 1967, 1974. 1977, 1987. <i:l 1997 by The American Institute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a101 owner-contr.aia -- 2/15/2002. AlA License Number 1007489. which expires on 1012/2002. 4 . . 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor. AlA Document AI01-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated November 20. 2001 ,and are as follows: 13 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA TION. AUTHENTICATION OF THIS ELECTRON/CALL Y DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT 0401. Document 00800 Title Supplementary Conditions Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications.here or refer to an exhibit attached to this Agreement.) AlA Document A201-1997, General Conditions of the Contract for See attached Exhibit "A" Construction, is adopted in !his document by reference. Do not use wIth other . . general conditions unless this document is 8.1.5 The Drawmgs are as follows, and are dated November 20. 2001 unless a dIfferent modified.. . date is shown below: (Either /ist the Drawings here or reler to an exhibit attached to this Agreement.) Section Title Pages Number Title Date This document has been approved and endorsed by The Associated General Contractors of America. See attached Exhibit "B" 8.1.6 The Addenda. if any, are as follows: Number Date Pages One Two January 9.2002 January 11. 2002 2 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. ~...k-r.~ WNER (Signature) 8.1.7 Other documents. if any. forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A20l- 1.9.97 providt!S that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders. sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They _ should he listed here only ifintended to be part ofthe Contract Documents.) - This Agreement is entered into" of the day ..d year lint wriUen above and is execuled in a' "l.. least three original copies, of which one is to be delivered to the Contractor, one to the ":.;..........:: Architect for use in the administration of the Contract, and the remainder to the Owner. ~ ~~ clM'~M ~ AlA DOCUMENT A101-1997 CONTRACTO (Signature) WNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 r (Printed name and title) ~'U-r ..,-. H~lIU:.1tA . Cl'T"f It'\ArJ,.(4E't . (Printed name and title) . Cl 1915, 1918, 1925,-1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1987, Cl 1997 by The American Institute ot Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: a101 owner-contr.aia -- 2/15/2002. AlA License Number 1007489, which expires on 10/212002. 5 e 001207-055 e Exhibit "~. TABLE OF CONTENTS Page 1 BIDDING DOCUMENTS CONTRACI' FORMS Document 00001 00030 00120 00220 00230 - Bid Form Advertisement for Bids - Instructions to Bidders - Geotechnical Report Property Survey Pages 2 1 5 32 1 00500 - Contract Forms, Documents AlA: AI0l, A310, A312, A401, G701, G702, G703, G704, G706, G706A G707 CONTRACI' DOCUMENTS 1 DIVISION 1 GENERAL REQUIREMENTS CONDITIONS OF THE CONTRACI' 00700 - A.LA. General Conditions A.LA. A201 00800 - Supplementary Conditions 00830 - Wage Scale 00831 - State Sales Tax Exemption SPECIFICATIONS Section 01010 - Summary of Work 01011 - General Stipulations 01070 - Abbreviations and Standards 01200 - Project Meetings 01400 - Contractor Duties for Quality Control 01410 - Testing Lab Services (ALLOWANCE) 01500 - Temporary Facilities 01503 - Insurance and Bonds 01630 - Substitutions 01710 - Cleaning 01711 - Contract Closeout 1 44 14 6 1 Pages 1 2 4 1 2 2 2 2 1 1 2 e e Exhibit "A" Page 2 001207-055 DIVISION 2 02102 - Site Preparation 1 SITE WORK 02200 - Earthwork 2 02210 - Grading, Rough and Finish 1 02220 - Building Excavation 2 02221 - Trenching, Backfill & Compacting 1 02241 - Soil Stabilization, Lime 2 02281 Termite Treatment 1 02430 - Storm Drainage System 2 02510 - Concrete Curbs, Walks and Paving 2 02513 - Asphalt Paving 3 02580 - Road and Parking Appurtenance 1 02834 - Wood Fencing 2 02900 - Landscaping (ALLOWANCE) 2 02920 Prepared Soil (ALLOWANCE) 1 02930 - Lawns (ALLOWANCE) 2 DIVISION 3 03100 - Formwork 3 CONCRETE 03200 - Reinforcement 2 03310 - Concrete Materials 3 03345 - Finishes 2 03369 - Fill, Toppings and Grout 2 03370 - Curing and Treatment 3 DIVISION 4 04101 - Mortar and Accessories 3 MASONRY 04210 - Brick Masonry 3 04220 - Concrete Masonry Units 3 DIVISION 5 05301 - Permanent Metal Forms 1 METALS 05400 - Cold Formed Metal Framing 2 05500 - Metal Fabrications 2 DIVISION 6 06100 - Rough Carpentry 2 WOOD 06400 - Architectural Woodwork 4 DIVISION 7 07170 - Dampproofing 2 THERMAL AND 07191 - WallFlashing 2 MOISTURE 07270 - Fire Safing, Miscellaneous Seals 2 PROTECI'ION 07410 - Metal Ceiling Soffit 3 07621 - Roofing Sheet Metal 3 07900 - Sealants 2 DIVISION 8 08100 - Hollow Metal Doors and Frames 3 DOORS AND 08213 - Plastic Laminate Wood Doors 2 WINDOWS 08362 - Steel Sectional Overhead Doors 2 08526 - Aluminum Windows 2 08710 - Finish Hardware (ALLOWANCE) 2 08730 - Door Thresholds and Seals 1 001207-055 e e Exhibit "A" 08800 - Glass and Glazing Page 3 2 DIVISION 9 09250 - Gypsum Wallboard 3 FINISHES 09310 - Ceramic Tile 5 09511 - Acoustic Ceilings 2 09660 - Resilient Tile Flooring 2 09680 - Carpeting 4 09900 - Painting 3 DIVISION 10 10001 - Miscellaneous Specialties 1 SPECIALITIES 10161 - Plastic Laminate Toilet Compartments 3 10200 - Aluminum Louvers 2 10350 Aluminum Flagpoles 2 10800 - Washroom Accessories 2 DIVISION 11 11452 - Kitchen Appliances (ALLOWANCE) 2 EQUIPMENT DIVISION 12 Not Used FURNISHINGS DIVISIONS 13 13122 - Pre-fabricated Metal Buildings 8 SPECIAL CONSTRUCfION DIVISION 14 Not Used CONVEYING SYSTEMS DIVISION 15 15010 - Basic Mechanical Requirements 5 PLUMBING 15060 - Pipes and Pipe Fittings 4 AND 15100 - Valves and Strainers 2 MECHANICAL 15130 - Gages and Gage Connections 1 15170 Motors 2 15241 - Noise and Vibration Isolation 6 15320 - Fire Sprinkler System (ALTERNATE) 10 15400 - Plumbing 8 15488 - Natural Gas Piping 2 15650 - Air Cooled condensing Units 2 15832 - Air Distribution Devices and Dampers 5 15850 Fan Coil Units 2 15870 - Fans 2 15890 - Ductwork 3 15910 - Ductwork Accessories 3 15950 - Air Conditioning Controls 2 15990 - Testing and Balancing 3 Page 4 e DIVISION 16 ELECI'RlCAL e Exhibit "A" 001207-055 16010 - Basic Elecbical Requirements 16110 - Raceway Systems 16120 - Elecbical Wiring 16140 - Wiring Devices 6 7 6 3 16231 - Emergency Generator and Transfer Switch 14 (ALTERNATE) 16300 - Service Provisions 2 16440 - Disconnect Switches 2 16450 - Grounding 2 16470 - Panelboards 3 16475 Overcurrent Protective Devices 3 16490 - Switches 2 16501 - Lamps 1 16502 Ballasts and Accessories 1 16510 - Lighting Fixtures 3 16721 Fire Alarm System 9 END OF TABLE OF CONTENTS e e m x ::r g oj ~ M-E-P ENGINEER. PACJWm BNGINIlIIIlING ASSOaA.'l'IIS 3m BRlARPARIt, SUlTB110 BOlJS1.'ON. Tz. 77IIG 713-%18-0316 6& 719-Z7I-93OlI M-E-P ENGINEERlNG 20. EP-O srm PLAN- PLUMBING 21. M-l MECHANICAL PLAN . 22- M-2 MECHANICAL SCBEDUlB 23. B-1 UGHl'ING PLAN 24. B-2 POWER PLAN 25. B-3 ELEC'I1UCAL PANBLS 26- P-2 PLUMBING PLAN rI. P-3 PLUMBIN'G SCHEDULES &:RISBRS ARCHlTBCTS STRUCTURAL ENGINBBRS 1lANDAU.-1'OXTIlIlJID!LD AllOII1'I!Cl'S, 1NC..u.A. CON'I1, JmIP1lIl, 0ARDNIlR, Ir ASSOClA'J1!S 561lP.k 270NDam mwcnnw.1!NOINIlIlIS LB.\OUBan-. 'DIXAS TIm 3lN91UlAXl'ON (ZII) 33U61O (ZII) 316-820_ BD11STllN,11ll[AS , (713)71lO->>U (71J)7IO-3'112fa INDEX TO DRAWINGS ARCIDTBCTURAL STRUCfURAL ENGINEERING - 1. A-O nTLB SHBBT 16. 80.0 GENERAL NOTES 2. Sll'BSURYEY 17. SI.1 FOUNDATION PLAN 3. A-I Sll'BLAYOUfPLAN 18. 82.1 FOUNDATION DETAILS 4. A-2 SllE PAVING &: GRADING PLAN 19. S2.2 FOUNDATION DETAILS S. A-3 Sll'BDETAlLS 6. A-4 FLOOR PLAN 7. A-S REFLECT.ED CEIUNG PLAN 8. A-6 INmRIOR ELEVATIONS 9. A-7 BXTBRIORELBV ATIONS 10. A-S WAlL SEC'llONS 11. A-9 WAlL SBCTIONS 12. A-I0 WAlL SECTIONS 13. A-11 DOOR, WINDOW &: ROOM FINISH SCHEDULB 14. A-12 BUH.DING DETAILS IS. A-13 BUH.DING DETAILS e - THE AMERICAN INSTITUTE OF ARCHITECTS Bond NO: 54-126762 AlA Document A312 Performance Bond Any singular reference to Contr~ctor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Caristruction Masters of Houston, Inc. P.O. Box 1587 3908 3rd Street Pearland, Texas 77588 OWNER (Name and Address): City of Ia Porte P.O. Box 1115 604 West FairnDlt Parkway Ia Porte, Texas 77572-1115 CONSTRUCTION CONTRACT Date: February 12, 2002 Amount: ($720 000.00***) Seven Hundred Twenty '1bousand and no/OO*** Description (NaJ,e and locatIon): Construction of a New Fire station #4 2900 South Broadway, Ia Porte, Texas 77572 BOND Date (Not earlier than Construction Contract Date): February 20, 2002 Amount: ($720,000.00***) Seven Hundred 'lWenty Thousarid and no/OO*** Modifications to this Bond: ~one SURETY (Name and Principal Place of Business): I Un! too Fire & '. Casuatly Canpany P.O. Box 73909 118 Second Avenue S.E. Cedar Rapids, Iowa 52407-3909 o See Page 3 CONTRACTOR AS PRINCIPAL Company: Construction (Corporate Seal) of Houston, SURETY Company: United Fire eal) Signature: Name and Title: ~DaE. r3. QAmP~E'1.. -PRe. S I De- Nt (An}' additional signatures appear on page 3) (FOR fNFORMA TfON ONL V-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect; Engineer or other party): AlA OOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA 8 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 THIRD PRINTING · MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademartc laWl and II aubJectto legal prolecuUon. A312.1984 1 e 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is. considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right. if an.y, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in ~ccordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3. the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner. to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation. determine the amount for e which it may .be .Iiable to the Owner and. as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond. and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability. in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right - to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above. then the responsibilities. of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of an\' such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors, administrators or successors. 8 The Surety hereby waives notice of any change. includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation .avail- AlA DOCUMENT A312 . PERFORMANCE BONO AND PAYMENT BOND. DECEMBER 198-1 ED. . AlA ,8 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING' MARCH 1987 WARNING: UnlicenSed photocopying violates U.S. trademark lews and Is subject to legel Prosecution. A312.1984 2 e able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINmONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made; including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: e tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contr~ct: The agreement between the Owner and the C~ntractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contrac;tor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) ..0?/ ~.,P Signature: K ~ Name and :Title: Address: mIl SURETY Company: (Corporate Seal) Signature: Name and Title: Address: CAUTION: You should sign an original AlA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AlA DOCUMENT A312 . PERfORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA lID THE AMERICAN INSTITUTE Of ARCHITECTS. 173S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 nURD PRINTING. MARCH 1987 WARNING: Unlicensed photocopying vtolales U.S. trademark laws and Is subject 10 legal prosecution. 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'j e e IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may calI United Fire & Casualty" Company's toll-free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire & Casualty Company at: United Fire & Casualty Company Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire & Casualty Company Attn: Bond Department 118 2nd Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Deparbnent of Insurance to obtain information on cOI:Ilpanies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance a~: P.O. Box 149104 Austin,TX 78714-9104 ATIACH nus NonCE TO YOUR BOND. This notice Is for information only and does not become a part or a condition of the attached document and is given lo comply with Section 2253.48, Government Code, and Section 53.202, Property Code, effective Septembe~ I, 2001. . e THE AMERICAN INSTITUTE OF ARCHITECTS . Bond No: 54-126762 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): cOnstruction Masters of Houston, Inc. P.O. Box 1587 3908 3m street Pearland, Texas 77588 OWNER (Name and. Address): City of Ia Porte P.O. Box 1115 604 West Fai.rnDnt Parkway Ia Porte, Texas 77572-1115 CONSTRUCTION CONTRACT Date: February 12, 2002 Amount: ($720,000.00***) Seven Hundred 'lWenty Thousand and 00/00*** Description (Name and location): Construction of a New Fire station #4 2900 South Broadway, Ia Porte, Texas' 77572 BOND Date (Not earlier than Construction Contract Date): February 20, 2002 Amount: ($720,000.00***) seven Hundred ~t~ Thousand and no/OO*** Modifications to this 80nd: XIQC.\(one CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) O:mstructiOn ~ Houston, Inc. -. & ~~,L? ~Ignature: Name and Title: ROBE~T:r. Ii/1)PS~Ll.. PAeSIOeNT (Any additional signatures appear on page 6) SURETY (Name and Principal Place of Business): i United Fire & Casualty QJmpany P.O. Box 73909 118 Second Avenue S.E. Cedar Rapids, Iowa 52407-3909 o See Page 6 (FOR INFORMA TlON ONL Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA OOCUMENT 4312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA lID THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006 THIRD PRINTlNC · MARCH 1987 A312.1984 4 e 1 The Contractor and the Surety. jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is . for the payment for labor, materials or equipment fur- nished for use in the performance of the Constr~ction Contract, provided the Owner has promptly notified the Contractor .and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or. suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy. or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim arid the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this _ Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. e 6 When the Claimant has satisfied the conditions ot Paragraph 4, the Surety shall promptly and at the Su~ety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 4S days after receipt of the claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims. if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, ~hey agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to th~ Owner's prior- ity to use the funds. for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this 80nd. .10 The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obi igations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT AJ12' PERFOR.\IANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED.' AlA! THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINCTON. D.C. 20006 THIRD PRINTlNC . MARCH 19B7 A312.19S4 5 e Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnis~ labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, ga$oline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: e Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) S;gna'u,., ~d/./ Name and Titre; Address; SURETY Company: (Corporate Seal) Signature; Name and Title: Address: AlA DOCUMENT .\312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1964 ED. . AlA (Ill THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTlNC · MARCH 1987 A312-1984 6 ~.~. . ,,;tit ~ ~. "I 1:.,~fJ. i.~.: .. !M;'; - <"'" "t:iJ.' '... f' ~. '. . '\ft~ . ;,.:.;,.:~,:;::~: ~~~~ =-, i ~<~; 1~ :~ 1':' . ~:::..::~. .r:~' :.~ :.:~ ~:.~ ~ .~~;: :~:={. :.: ~~'C. >n m ~ """'. :eo;:....: ,.1.,1(", ..,'..'. ,;,.A 00$.' . j~ .,', .'>1 :;;!a. ...;)(. .;". :::. ;{t; '_~..;'..~ .;,;, "'00 ~., ..~)2 .J.!lt:.~~:?~~~>~~~i ,"(:;3:, (1" ..~.~~>:..:'~jf~' '~'.>;,.' -:'~/..( '~{:>.~;>~0 Li >(.: ,.;;ti~.'1ft.:iW-;? "{Y""';jI:W. < ~.t.~' ~M'" .f:""'~ 7 .L.:..~ /~~.:" .t... ""-Moo"',';' ~ '\.?<'.y..",....~'.~~-.... . ~.~ .... . ."~ n' ..:.. :.:..... '. . ;- ~:~..:.... .::t ..,~'t '~;f n.'" v, ".:.,;.. UNITED FIRE & CASUALTY COMPANY ~/~1:,. j,oo /-.f";i.r..., .:y;(~~:. ,.~iH.:aME .()~Flce..,,;(".~r,\AR.' s . n,W'A ,.'OM. . . .~ ," . d'l :a ~ . ...~". W1" ,-". .~. J;'., ,.,~<..;\OI~. ARAAID .d~.. r:' "..(>>. ,. '.~~ 4..;.....'..... . ... oo'h :'.fw..:V, . ~l :.:! ~~ . .....:~ ~~I.FIED..".: ita.. ay.'" o"~;'::';on.; ....B... o\.;.{1;,JT..Y a. N..'.EY;' };/~;:.\"~~. f./!'~:.~ Ji;//:-~<':\.~~>. ,~~}.;.t:",<.\;).: .~; .....i .,,~. .. '6'<'5;. pJ l':.V- ~;<; ,;'." "'.!r"~".J ;.i'.!'J- ,1$ ;~...,,:.r.<tr,:;\ ~~ ooF;."!f, .~~..,:.., ';,k .~& ~';.'., ~~.. -~.. :<.,' ."y.:lii}.l. .'s;, ~~~' ,~-:~. ,.; ., ~~. ~. '1, ~ r,< i.i. (O}iglna't.on~~ .t:f6~~ Qf.fice~B~QQiPany. ~~Se8 C~.ttif,lcatio.r;\k ,~> {ff 4".~ LX "&'r ......!-d:.;' 4),'. ,t,'>l ~: '. ;~ .., " ~ (-;:~ \=1:' .N "3:\ ,,~~ .ii) .--:'Z. 1"': h. !,.. ~t, },~ ~<- ;t~ :.4 1}. '";:-~' ill :~ :t,.i y,t. ',.,-:... ;>'1:; '.:..1 :<.' , :.,.;. ...."'$". 0/. ';~ ""- '!:e ,,'f. 'U' .,'K. .;'1'% '.'W< "" . '-'$ ,. "- ~t. .'.ct';. ...... ;~;; ",," . "~, ,w. . <' '<':s? :~... . . _~'.'.oo' f . .'. atly i}i. .'SENTS, ~~ ~l ..JINITEb~~ ::'~U~l. ~\cafv,p~y:' (:;corpor.fpif.t~yl~<lSi'gaijr~e~g ib~ ~X ~ .. .. . . ~wrt<OVttte '.,". i Iowa, anctlhliii.ris{its prihcl~~1~9f: I~e 'Thi":'.~dar <$.R~RJ!ts:0~t.te of lo#td~~~i make,~: . e lid ;0""' .:::...~...a~p~.~t A.A. SHOTWELL, JR., HARK SHITH, BETTY BUSH, PATSY BEALE""~ "'*" ..;li",Y ~~> '.. ,JQ ::B'_LAC,~S;BEA .-s!)~.~oo'~%. . .~. ~:..:..,~ . . .~~;.: .~,; ~~.(j ;;f.. oo,~.f.' t...;s tt ,,~..; . ~ ... .... .,.t> <>i:; .'. ~...:t1.r .: ../ ~.f '.;.t . ''>1.,. ~ ..: J.;W .~ .!.~ :~l'~ .':.0. . '\'f;. ~. 6<. J;;;.l .~ ('" Yll W' $l'i;..,'-' 1{<;~. ~; ;)I'~, ,J :'i"<. t,.tt ":. :~lLv g.. 'S.~':(otAi-1.~~~A:St ,: X W\ . ...,.. . -..:. q;~ .;~ .:~~: ..tb.,:~.1t . ~~=?t -:;?#t ....:~ Its.. true !l"d r Att~rney<sr....tn"'l=act with: power. . authority h. onferre lawful bonds.. undertakings. and other obligatory instruments of similar nature as follows: . ~i~~; ~t~~~'?:;"..~ tJ1i1~~.FIR~t.~f'e~SUAI.T'l~cifMPAN re~",:~1r:ri" ' ~ . I' ."-::~" *'<; f.-t: ~~... . .........- ....... '=s' . "';~~;,."'" :r~..irti~e::--" qr.jZ~$tioiJi" ~~I'JITE~Fll{g;&. ;..'A ~:. . ..' ~1Ii: o:r... b."" ..~' .~~ '.. . (>.. ,4l', w d .~ :.{.... .,. ...;.;:~ .. .,,,-re y ~ ,e .Iere y , fl'and confirme . ~~>. .,:" ',:"" . .". "l-i' ..,... . . ~ . ~...~.. (.......... ,..-: -&. . V'" ;j::: ~ ,.... .~.,~~ .....~ . Ji?- , ~ .'~*-:-..Ttt"': ... t!?~]i~ he~~~. shalf~..",,,if.. ~J)~~ q~ .,<,.. .r.~. .:; ~ffi ~ 0 &J ... 't1:l.~,. ,<<.. ~.r ~o:f Atto . ade and executed pursuant ta and t1i"i :~. ~- :l~~!!:~~. . ir8~~fifoft;~~A:.: any on ~pr.i\;}~, 1973. . .. ':.. .:.....:::,1".., '. .~~~ I .. "Artlcle V .:- Surety Bonds. and Undertaklngs.~ . '. '. . :. . .. '. I t' . ~ ".' .. . men~ o1t.1 ey.ln-Fecl. "TIle President or.8ny V1c;e Presldent,.or eny cither'"ofllcer .of Ihe ComJlllny, Ill8Y, from time to lime. ce.(l Jeet . eys.ln-fac\ to acl In behalf of the Company In Ihe _Ullon. of pallcles of InsuranCl!fi ~'.n. and ."t~ lure. Th~ signature of any officer 8ulhorlzed hareby, and .lIie COrporate 8881,. . X>( '."e "y .~:::;il' w O! anorney.or cer1lf1celfon' ~ alt~er euthorlZed hlireby: such slgnatur8 and S88I~. . I Inelslg~ urp of such officer and the orlglne' 8881 of the ComJlllny. t!' be valid .I!nd binding .. ~s. affixed. SUch 8ttorneyl-ln-fact, subject .to thellmlllitlons..lforlh.ln.lhalr fespec!t~ ri},!% . by their algnature end execution of 8ny such Instrumenls end 10 att8c~ Ih. st~ " ..f!)i ~,. erel o~ Dlr8Cto~ or 8ny ~Iher' offlc.~ ~f ~he Company rriey it e~ytlm.. ~ke ,~ ,~r.tf!l6.t'!!/ .. . ':..... . . -..' .:..:- S~~~.' IN WITNESS WHEREOF; . the UNITED FIRE ~&. CASUAL TV . CONi'PANY has cause these presents . :?'_$~igned bY.l~. :.:. ~ice. prl!s.ident.. _an~. Its corporate. seal to be hereto affixed this : . "" h day at.OCTOBER . .'. :. .: '. ,. 2 ~ ~;':....'> /~:..\:.\\;::::\. :. .,:. .~:. fjJ :';:' .:. .', '. . . . ' . ;~NI,.e~ fiRE. 8& C ,~ ..' i' ,i4 . !~~. .~~j .; t,' :.~t .:~-t:' ~ :.";...' ..:f~t <'~!.':':~~~:">.~ '. .' '.. ~ ;:~~;:~; ~:'~~1'~1N' < C~;\':;:i ~ }, 1 .'. ,. ~..~ .\. I':~:. .. : ~'f.f..t.~ ,.*W 'l~~ i, ~f ,., .tji . ..; .. \;:... ~",?i ~~. ''Go.;;. 1i' .~ ""'j.'" ~~. >: a1 .... , .. . ..f,! , '.~,' ;.~; .~;...,.J{':f . ((11ill" ~';"\,... ~~:>("ii~' .;;'...... : ~i1:'. H~; ~ ~ . . i" ?,.,o Q)." J~,efor'y/TI '. epgse; ~and saY: .,E.ottaANV, ,.;.., .,~h,~at the s 'J,~ :~j,:.'. ... ~~:1' ; .}'-;. . :.... b,:;' . ,""4 .itf ....-:: ," W .' ~ ~. ? :j~" ...;." .t.~~&..... ~~: :~& ~~V"~;-.o. ":':.:~ ..~":>:>>.t:~. .ill":}::>;;;, ~<~. ...-:~~.:..:.x..:..:~-c,;.Y" ~>"" .~. ~._.. "~" ~ fir .,..",. .' ."Iv.;.. .,' - ...... ~, ..,""'''>- ,~,.;<& :W '.~ .,:-<;;.'...... ......, ~.* -:." ...t;..: .....f~..":) :.'.t. ~:;::;.: :....._... .i!:. .1--::',- y.~~ ~'~.: /;~~~;~~ . . ...N....:.~...:.::..~:......^ . ~.... .~i"~...~....;.~..t. .~ ...... 0; '" .. '" ....: . ~...~.~,..~t~....:..'..,...:....' tlj "-;.. .~~::..~.~.:(:.~....:....":.~.... ".y _" ..:. ~'J!r:: ~i:- ":> l. ..,-- .. .~~:. j.1~~ .~\~ .~~\ ~~:.~ "'~~ .:.'c~~. ;~'. :'.~~~: &;::--t;. .:3;.~/~;}~1~?~S:: ~:~~t~.'fj;:.. ':: e e IMPORTANT NOTICE 10 OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call United Fire & casualty' Company's toll-free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire & Casualty Company at: United Fire & Casualty Company Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire & Casualty Company Attn: Bond Department 118 2nd Avenue SE . Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance a~: P.O. Box 149104 Austin,TX 78714-9104 ATIACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and Is given to comply with Section 2253.48, Government Code, and Section 53.202, Property Code, effective Septembe~ 1, 2001. 2-26-201212 10; 20AM FROM v ICTORY_lRArCE 281 485 6S33 _Pol ACORD. CERTIfICATE Of LIABILITY INSURANC~~ 1, .1IfJS CERlJfJCATE IS ISSUED AS A MATTER OF ORMATION otlY All) CONFERS NO RDITS UPON THE CER'hFlcATE IKI.IIER.lHIS CERTFlCATE DOES NOT AMENDr.bTEND OR ALTER TIE COVERAGE AFFORDED BYTJIf POIk,IES BElOW. DATElWMDYYJ 02/26/02 PlIDDUCEIl Viatory IDIU1'ID~ 19tDay, Inc. I . P.O. Jot 1890 I PearllJlcl ~ 77518-1890 lboae:281-C'S-'"OO r..:281-C85-6933 INS_AS AFFOADINO COVERAGE III I r , . I ! I . CODlb~uOD Ia.tara P.O. Ioli 1587 . . ".dUl~ ft "58"8-1587 COVERAllII!8 1lSUIERA: IfCB-LiJlcolll f1eneul Inc. :Co. _I: A11.t&~ I__~Ulc. C tISIIIfl'f ~ "'11:. --I: 111E PaUCll!s OF IHSI.IUNCE UST!D 8E1.ClW HAve BEEN ISSUI!D TO 111& INSURED NAIleD AIOIII! l'CR lHI! pcucy peRIOD 1NDfCA1'I!D. N01WITHSTANDINO MI'f ~NT. nllli OR CONDrrIClH OF MI'f COIIITRACT OR01lER 1lOClM!Ift' WI1H RESPeC1' TOWHCH THIS C!RTIFICATI &MY iii! BlIUl!DOR &MY PERTAIN. 1lII!. AI'I'OROeO BY THE PClUCIeS Dl!SCRlIlED HEREIH IS a&El:T TO AU. lHI! Il!RMS. excLUSIONS AND CONDmONS OF SUCH POl.ICIU. A1iCMEGATE U Iin"s SHOWN MIIY HAve BEEN R1!llUCl!D BY PAID ~o <: , tv': 7YPlI tw --.1oC2 __ __ ... .-.. ~_1.MMnY IACH~ ~. 11 000,000 A ~~lIENI!IlI\Ll.NlUIY LlULU01U 02/24/02 02/24/03 FlIlEllMlAOI!CAor_1looI 1100.000 I-I--I~-I!il_ -_CAor__: IS 000 I _.__:. 11 000 000 IIENERAUIIII_1I!' I 2 000 000 -.:!llo__ 11 000 000 I - ~ ~AG~~LMr~_ I PIlLI:Y I I ~!1 I LOC ~~"i B~_""'" ~ AU. owo.;DAUT081 _ lIOlBII&ED_ --- i ---I I I I BDlDBR 02/24/02 02/24/03 :=="IIINlIU;UUfI' - 1 1,000,000._, .011...,'_ r-_ ~ . -y- r-_ ~ 1 -- r-_ rr.-LUIU1Y HIIWMmI _IIOI.Y.I!A~ IlAIlllC - I I I .. 11.000.0011 I 1 000 000 I , 1 1 lmEII_ _ClHLY: __ LIAIlILIIY I D:!J- Dar-- RIIEDUCftlU! i _ .1 ---- c -....onar LIAR.Irf' f . 'XCA5553 02/24/02 02/24/03 1!M:It0CCUllllDCl! AGCREGAT& 1rC5629581 02/24/02 02/24/03 I ;0;.;;;:;;' , Fe:" &.LEACH_ .1,000,000 &.L _-"'~ I 1 000 000 &.L_.-.cnoun:.'sl 000 000 a_ CERnflCATl! HOLDER : III I_TONAL INSVIl&O; "'''''EIl LEl"/EII: LUCIa-I CJlNCI!LLAnON -----ClIl-______~-ntlI__ 1I&1l!_. ....,___WIlI._IlIIU1L; ..3JL.lI.tYl-.- IIOIlClI TO_ --...TI! __ TO rJl& LEPr.1IUl' ,..,.,... III Del 10_ _....__llR..........,ClIl___ THlEINiinlm,..._.llR 1l!PllI_.."..... _ au--TflMl \ / /_ . Vi.at:o- %n.\I.I~-P.~a-;:;;I - '7' - '-' OACORDl:(ORPORATION Ill.. i _ CUy o~ Ila Porte SDC . I'.*-a~ l'azlc_y P. O. 80~ 1115 ; La Porte iTX 77572 I ACORD 2... (1/81) e e 2000 Edition - Electronic Format AlA Document G701- 2000 Change Order PROJECT: (Name IllJd address) La Porte Fire Station #4 2900 S. Broadwav La Porte. Texas 77572 TO CONTRACTOR: (Name and address) Construction Masters. PO Box 1587 Pearland. Texas 77588 CHANGE ORDER NUMBER:! DATE: 11 February 2002 ARCHITECT'S PROJECT NUMBER:_ 001207-055 CONTRACT DATE: 11 February 2002 CONTRACT FOR: New Construction Fire Station #4 for the City of La Porte THE CONTRACT IS CHANGED AS FOLLOWS: (Include, wbeR appUcable, any undisputed amount attributable to previously executed Construction Cbange Din:ctiveI.) See attached. The origin;U (Contract Sum) (Cliaranleed MHimuJB Priee) was $ 720.000.00 The net change by previously authorized Change Orders $ .Q..Q.Q The (Contract Sum) (Cli&fflllteed M&i-mlilB Priee) prior to this Change Order was $ 720.000.00 The (Contract Sum) (CliHaftteed M&i-mliJB Priee) will be (increased) (deereased) (uBeBltflged) by this Change Order in the amount of $ 34.000.00 The new (Contract Sum) (Cliaranleed M&i-mliJB-PflEe) including this Change Order will be $ 754.000.00 The Contract Time will be (inereased) (deereesed) (unchanged) by ( ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum. Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3.8 of AlA Document.A201. Not valid until sismed by the Architect. Contractor and Owner. Randall-Porterfield Architects. Inc Construction Masters City of La Porte :JIilI~ (Signature) OWNER(Typedname) Q~T.~ (Signature) Michael Porterfield BY BY ~ : DATE tDA&-Aacr/bAl ,t,J~S t<..Ba.-r""-: ~t.(l~ BY 1-/-02 DATE 3-(2...- 0 L DATE (C) 2000 The Amencan Institute ot Architects. Reproduction ot the matenal herein or substantial quotatIon of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and wl/l subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced In accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: g701 chg or l.aia .- 1/3112002. AlA License Number 1007489, which expires on 10/212002. OWNER [!] ARCHITECT [!] CONTRACTOR ~ FIELD 0 OTHER 0 AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING. AlA DOCUMENT D40J. @ 2000 AIAGD AlA DOCUMENT G701-2ooo CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292