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HomeMy WebLinkAboutDeed Architect Philip Swager Associates INC 1989 · . NOTICE TO PROCEED TO: Coronado Builders, Inc 1107 California Lane Suite 303 Arlington, Tx 76015 FROM: City of North Rich1and Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76118 DATE: July 26, 1989 RE: Fire Station H2 6801 G1enview Drive North Rich1and Hills, Tx 76180 You are hereby notified that the Contract Time for the above Project will commence on July 31st, 1989. On that date, you are to start performing your obligations under the-Contract between you and the City of North Rich1and Hills, dated, July 12th, 1989. The period of performance is 200 days from the date of commencement. The date of final completion is therefore February 16, 1990. City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Tx 76180 BY: 0 t~-v Director Management Services TITLE Acceptance of Notice. Receipt of the above Notice to Proceed is hereby acknowledged. BY: ~~~~¿ ~ , ....,- ~/~~--~~..". TITLE DATE: 7--~/-?? THE . AMERICAN INS TIT UTE o F ARCHITECTS . AlA Document Al 01 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of A/A Document A201, 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 modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twe 1 fth Nineteen Hundred and e i gh ty- nine day of July in the year of BETWEEN the Owner: City of North Richland Hi lls (Nameandaddr~~ North Richland Hills, Texas and the Contractor: (Name and address) Coronado Builders, Inc. Arl ington, Texas The Project is: (Name and location) Fire Station No.2 for the City of North Richland Hills North Richland Hills, Texas The Architect is: (Name and address) Phillips Swager Associates Inc. Da 11 as, T exa s The Owner and Contractor agree as set forth below. Copyright 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. 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 be subject to legal prosecution. AlA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AlA <!) · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101·1987 1 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 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be f!Xed in a notice to proceed issued by the Owner. (Insert tbe date of commencement, if it differs from tbe date of tbis Agreement or, if applicable, state tbat tbe date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely ftling of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert tbe calendar date or number of calendar days after tbe date of commencement. Also insert any requirements for earlier Substantial Cl'Jmpletion of cer- tain portions of tbe Work, if not stated elsewbere in tbe Contract Documents.) Two Hundred (200) calendar days after Notice to Proceed , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) AlA DOCUMENT A,101 . OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AIA~ · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Dollars ($ ), subject to additions and deductions as provided in the Con- tract Documents. 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 tbe numbers or otber identification of accepted alternates. If decisions on otber alternates are to be made by tbe Owner subsequent to tbe execution of tbis Agreement, attacb a scbedule of sucb otber alternates sbowing tbe amount for eacb and tbe date until wbicb tbat amount is valid.) Base Bid Alternate Bid 1 Alternate Bid 2 Alternate Bid 3 Alternate Bid 4 Delete Fuel Storage Tank & Accessories $439,375.00 ( 6,500.00) ( 6,000.00) ( 500.00) ( 11,000.00) ( 32,310.00) Contract Amount: $383,065.00) 4.3 Unit prices, if any, are as follows: Piers 1811 Diameter 2411 Diameter Add/Deduct: Add/Deduct: $8.50 per 1 in. ft. $ 1 2 . 00 pe r 1 in. ft. AlA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AIA~ · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101·1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the 25 t h day of a month, the Owner shall make payment to the Contractor not later than the 1 5 t h day of the f 0 1 1 ow i n 9 month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the 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 and 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. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten (1 0 %) percent ( 1 0 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 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 ten percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withhelçl or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Ag~~M:~MÞ<~~~K~k,xa<9Um<~lO<k1Koe~)(bnxÞOl3t;¡o~~ ~~xxxxxxxxxXX~~~~MK~t S}4~~kXDmO)(1)tXx:Kobx)t\)(obttx~,..J)(øtotørnutoo<ÐoXXX~ÞWOkJe<W~~)4J(\'ftO(~~~)OO~x 5.7.2 Add, if final 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 the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subpara- graphs 5.6.1 and 5.6.2 abolJe, and this is not explained elsewhere in the Contract Documents, insert here prol'Ísions for such reduction or limitation.) AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT · TWELFTU EDITION · AlA ® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1 ) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive fmal payment; and (2) a fmal Certificate for Payment has been issued by the Architect; such fmal payment shall be made by the Owner not more than 30 days after the issuance of the Architect's fmal Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 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 of interest agreed upon, if any.) Prevail ing Interest Rate~ u.s. Treasury (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 principal 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 disclosures or waÍlJers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AlA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AIA<!> · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AlA Document AI0l, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Ap r i 1 3 , 1 989 , and are as follows: Document Title Pages 00800 Supplementary Conditions 12 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages See Attachment No.1, AlA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 6 9.1.5 The Drawings are as follows, and are dated (Eitber list tbe Drawings bere or refer to an exbibit attacbed to tbis Agreement.) unless a different date is shown below: Number Tide Date See Attachment No.2. 9.1.6 The Addenda, if any, are as follows: Number Date Pages 1 . Ap r i 1 11 ~ 1989 8 2. Ap r i 1 19, 1989 26 3. Ap r i 1 26, 1989 14 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AlA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AIA~ · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The Generat Conditions provide 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 be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at 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. Attested by City Secretary OWNER ~NT~ .. ------ ---- ~- ~~ ------. ...- ~ AI4----~ ~~~ - (Signature) ommv Brown, Mayor (Printed name and title) Richard Horton, Vic~ Prp~inpnt (Printed name and title) AlA DOCUMENT A101 . OWNER-CONTRACTOR AGREEMENT · TWELFTH EDITION · AIA~ · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 ... GŒAT IW£RIG\N INSURANCE CDMIWN Bond No. 037-30-88 TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS, that Coronado Builders, Inc. (hereinafter called the Principal(s), as Principal(s), and GREAT AMERICAN INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto City of North Richland Hills (hereinafter called the Obligee), in the amount of Three Hundred Eighty Three Thousand Sixty Five & no/l 00 Dollars (S 383,065.00 ) 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 the 12th day of July , 19 89 t to Construct Fire Station No. 2 for the City of North Richland Hills. 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 OBLIGA TION IS SUCH, that if the said Prin- cipal shall faithfully perform"the work in accordance with the plans, specifications and contract docu- ments, 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 Artie Ie to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Prine ipal(s) and Surety ha ve signed and sealed this ins (ru- ment this 14th day of July 19 89 Coronado Builders, Inc. I Pri,¡ripal) to ~~~¿--;-- ::> ~ ~ -- (P,¡nciþãTi --------_..__._.._-----,_..._---_.~- (P rinc ipa n- COUNTERSIGNED: GREAT AMERICAN INSURANCE COMPANY Reside..t Age..t By ./j :'-~(/'~ ,,;/C--- 7, ck }1. Crowley ~~--4~~/~'- - - A tto,"("y~ By 2/~ 5-8928 (GA) -- 11/77 Printed In U.s.A. ~. r <itEM AlVERlC-\N INSURANCE COMPANY Bond No. 037-30-88 TEXAS STATUTORY PAYMENT BOND (PUBLIC WORK) KNOW ALL MEN BY THESE PRESENTS, that Coronado Builders, Inc. (hereinafter called the Principal(s), as PrincipaI(s), and GREAT AMERICAN INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of Ohio, with its principal office in the City of Cincinnati (hereinafter called the Surety), as Surety, are held and firmly bound unto City of North Richland Hills (hereinafter called the Obligee), in the amount of Three Hundred Eighty Three Thousand Sixty Five ,& no/IOO Dollars ($ 383,065.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severaHy, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of July , ]9 89 to Construct Fire Station No. 2 for the City of North Richland Hills. 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 ]S 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 rernain in ful1 force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5] 60 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legisla ture, Regular Session, ] 959, 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 Principal(s) and Surety have signed and sealed this instrument this 14th day of July 19 89 Coronado Builders, Inc. (Principal) ~~~~ ~ (Principal) ~- --..- (Principal) CO lJNTERSIG NEI): GREAT AMERICAN INSURANCE CO~IPANY By /0¿¢=-____ f7 . . ... . ./-~ // By ;~~/ .#~V~~ J ack....~. Crowley A ltorne ·in-fcct S~891 B--- 5/78 'to e e r .. e CiŒAT I\NERlC~ INSURANCE COMMNV The number of persons authorized by this power of attorney is not more than FOUR No. 0 14332 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GRE.'\ T AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laM of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JACK M. CRCMLEY ALL OF ALL 'Iœ CRAVENS ARLINGroN, 'IEXAS UNLIMITED WAYNE A. COBLE SYLVIA ABLE This Power of Attorney revokes all previous powers issued in behalf of the attorney( s )-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23rd day of February ,19 88 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF lIAMILTON - ss: On this 23rd day of February, 1988 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolu tions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. . RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time- to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and cqntrøcts of mretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That tlie CompiUly seal and the signature of any of the aforesaid officers may be afFIXed by facsimile to any power of attomey or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and setll when so used being hereby adopted by the Company as the original sigruzture of mch officer and the origi1llll seal of the Company, to be valid and binding upon the Company with the same force and effect (Ø though 11IIlnually afFIXed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this / Lii-{ day of ?,~e7 , 19 yt