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R78-36 09-11-78
THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the llth day of September, 1978, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary of the City, to -wit: and all of sentees: Tom Reid Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook Mayor Councilman Councilman Councilman Councilman Councilman City Secretary said persons were present, except the following ab - thus constituting the following was tion entitled: a quorum. Whereupon, among other business, transacted at said meeting: a written resolu- RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. R78-38= RESOLUTION APPROVING CLAIM AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"), by resolution adopted February 27, 1978, found that it was necessary and desirable for the City to construct and equip public works for the City, to -wit: a municipal equipment maintenance and storage building, sometimes called a "City Service Center", and that certificates of obligation should be issued by the City for all or any part of the cost of same; and WHEREAS, the City Council gave due and proper notice to bidders of the time and place when and where a contract, or contracts, for such construction and equipment would be let and due and proper notice of its intention to issue such cer- tificates of obligation; and WHEREAS, the City Council thereafter awarded a contract to S & S CONTRACTING CO., Houston, Texas (the "Contractor") in the amount of $149,200.00, as the lowest and best bid for the furnishing of such construction and equipment and the Contractor at the time of the receipt of such bid elected to assign such certificates in payment for all or any part of the cost of the contract in accordance with the arrangements made by the City Council; and WHEREAS, the Contractor, as shown on a true copy of its Claim No. 1, attached hereto as Exhibit "A" and made a part hereof as if fully written herein, has submitted said claim— . pursuant to said contract; and WHEREAS, the City has received the full benefits of such contract represented by said claim to the full extent thereof and to the full extent of the certificates of obligation here- inafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to the City, or to any official thereof, of any liens for any materials, apparatus, fixtures, machinery or labor furnished to the Con- tractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472-a, Vernon's Texas Civil Statutes), or any other provision of law; and WHEREAS, the City does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of the aforesaid claim; and WHEREAS, said claim has been assigned to Pearland State Bank, Pearland, Texas, without discount, and said bank is now the legal owner and holder thereof; and WHEREAS, the City Council of the City wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain of said certificates of obligation, all as shown on said Exhibit "A" and as hereinafter set out: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD S & S Contracting Co. $40,000.00 $905.00 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The matters and facts contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The claim described in the preamble of this resolution and fully set forth in Exhibit"A" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City hereby acknowledges receipt of the full benefits represented by said claim to the full extent thereof and to the full extent of the certificates of obligation herein authorized -2- to be delivered; and the City hereby recognizes and approves the transfer and assignment of said claim and account to Pearland State Bank, Pearland, Texas. Section 3. There is now due and owing to said bank the sum of $40,000.00 and to the Contractor the sum of $905.00. Section 4. There shall be executed and delivered to said bank Certificates Nos. 1 through 8, aggregating $40,000.00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $905.00 shall be carried forward to the next delivery of such Certificates to the Contractor. Section 5. The Mayor, City Secretary, City Treasurer, and other appropriate City officials, are hereby authorized and directed to deliver said Certificates above mentioned and to do any and all things necessary or convenient to carry out the terms of this resolution. PASSED AND APPROVED this llth day of Se ember, 1978. ATTEST:Cjenn >?--- Mayor CITY OF PEARLAND, TEXAS City Secreta CITY OF PEAy4'AND, TEXAS (SEAL) EXHIBIT "A" Claim No. 1 Dated: September 11 , 1978 of S & S Contracting Co. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $149,200.00, between the City and the Contractor: 1 . Total completed to date $45,450.00 2. Less 10% retainage 4,545.00 3. Less previous payments None 4. Current payment due 40,905.00 5. Amount to be paid Contractor by issuance of Certificates of Obligation 40,000.00 6. Carry-over to next claim 905.00 The amount shown in line 4 above represents our claim against the City of Pearland, Texas , for performance under and in conformity with the terms and conditions of the contract described above; and $40,000.00 of such claim has been and is hereby assigned in full , without discount, to Pearland State Bank, Pearland, Texas . S & S CONTRACTI G C' . By /I � (AGthorized1Represent tive) (SEAL) LL_ //; (Ti t�l e) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and conditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF P ,ARLAND, TEXAS By 7' /7/ GENERAL BUILDING INSPECTOR (Title) a 'Y� - - n • • • • DELIVERY CERTIFICATE • • THE STATE OF TEXAS X . COUNTIES. OF BRAZORIA AND HARRIS X - We, the undersigned, officers of the City Council .of the City of Pearland, Texas., certify that. on the /q day of September, 1978 , we delivered to Pearland State Bank, Pearland, Texas, the following : CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, numbered consecutively . from 1 through 8 , both inclusive, in the denomination of $5 , 000 each, aggregating $40 , 000, bearing interest at the rate of 5. 00% per annum to June 1, 1979 , and on June 1, 1979 and thereafter at the rate of 6 . 00% per annum, and maturing serially in their numerical order on February 1 as follows : $25, 000 1981 • 15, 000 1982 • We further certify that, to our knowledge, there is no litigation in any court, either pending or threatened, seeking to restrain or • enjoin the issuance of said certificates , the levy of taxes for the payment thereof, or attacking the validity of .said certificates or the proceedings relating thereto, or the authority of the City to issue the same or questioning or contesting the title of the present officers of said City to their respective offices . We further certify that none of the proceedings authorizing the issuance and delivery of said cer- tificates have been. repealed or rescinded; .and no referendum petition has been filed with respect thereto. WITNESS our hands and the official seal of said City as of the date shown above. i) -: c-___ ). kit • , , City Trearer a Mayor (CITY;"SEAL) r City Secretary - -- -The foregoing signatures of the Mayor, City Secretary and City • Treasurer of the City of Pearland, Texas , are hereby certified to be genuine. PEARLAND STATE BANK Pe la d, Te as Signature of Officer) (-BANK SEAL) - Cashier • (Title of Officer) We hereby acknowledge receipt of the certificates described above, which certificates constitute full payment of our claim against said City in the amount of $40 , 000 , said claim having been assigned to us , without discount, by S & S Contracting Co. _ - PEARLAND STATE BANK Pea d, Tex is . • _ By NI) llb• 1-e ignature of Off cer) (BANK SEAL) Ca shier . (Title of Officer) 41111144 . . elks v 1 1 _• - _ _ • _ - - faun( NC , DATE -;:761164,__19 SUBJECT TO - - _ - FROM C- • PARAMOUNT CONTRACTING, INC. LETTER OF `l1 ,R UNVE17. 7L 2315 S .W. FREEWAY SUITE 109 HOUSTON, TEXAS 77006. DATE JOB NO. ,d. September 1, 1978 ATTENTION RON WICKER TO RE: CITY OF PEARLAND P.O. BOX 1157 PEARLAND, TEXAS 77581 • GENTLEMEN: WE ARE SENDING YOU ❑ Attached 0 Under separate cover via the following items: Shop drawings ❑ Prints ❑ Plans ❑ Samples jp Specifications! Copy of letter 0 Change order 0 COPES DATE NO. DESCRIPTION APPLICATION FOR PAYMENT • 1 _ I + _ THESE ARE TRANSMITTED as checked below: _i For approval 0 Approved as submitted ❑ Resubmit copies for approval For your use 0 Approved as noted 0 Submit - copies for distribution j-1 As requested ❑ Returned for corrections 0 Return corrected prints For review and comment ❑ _ - - - - -- _ _ ;j FOR BIDS DUE___ _ _ 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS ,^nov TO SIGNED: It.nclo.uv.s are net as Baf•t,rlwdly n•tlfy us al once. xxif , 1- . APPLICATilON AND CER. RCATE FOR. PAYMENT A1A DOCUMENT G702 PAGE ONE OF 3 Pi- ,- PROJECT: City of Pearland ARCHITECT: Joffrion & Associates (name, address) City Service Center Addition Pea.rland, Texas P.O. Box 1157 ARCHITECT'S PROJECT NO: TO (Owner) City of Pearland, Texas 77581 CONTRACTOR: S & S Contracting Company •"1 CONTRACT FOR: Service Center Expansion J-272 APPLICATION DATE: Sept. 1, 78 APPLICATION NO: one ATTN: Mr. Ron Wicker PERIOD FROM: Aug. 1, 1978 TO Aug. 31, 1978 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. PP � Continuation Sheet,AIA Document G702A, is attached. I Change Orders approved ADDITIONS $ DEDUCTIONS $ in previous months by The present status of the account for this Contract is as follows: Owner— TOTAL } _ TOTAL ORIGINAL CONTRACT SUM $ 149,200.00 Subsequent Change Orders Number Approved• (date) Net change by Change Orders $ —0— - CONTRACT SUM TO DATE $ 149,200.00 ., TOTAL COMPLETED & STORED TO DATE - $ 45,I+50.00 (Column G on G702A) TOTALS RETAINAGE % $ 4,545.00 ' Net changeb Change Orders $ or as noted in Column I on G702A y g TOTAL EARNED LESS RETAINAGE $ 40,905,(00 C.) State of: Texas County of: Harris The undersigned Contractor certifies that the Work covered by this Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT $ cation for Payment has be6,1 completed in accordance with the Contract . � ti Documents, that alI1amount�s have been paid by him for Work for which • previous Certificate for Payment were issued and payments received from CURRENT PAYMENT DUE ' "" $ ' the Owner, and that the current payment shown herein is now due. ' ( ' Subscribed and bef re me thi day o Se 19 18 Contractor: S jS Contracting Co. sword , Notary Public: �-y� c !v �` _ My Commission expires: A 3, /gge , By: �t Date: i In accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. ❑ 'OWNER v , to"Architect: Joffrion & Associates ❑, AR�NII�ECT _ ❑ CONTRACTOR By: 0 9, This Certificate is not negotiable. It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the Owner or Contractor under their Contra AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDITION e AIA® ©1971 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON,D. C.20006 .... . CONTINUATION SHEET AIA DOCUMENT G702A PAGE 2 OF 3 PAC AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: one In tabulations below, amounts are stated to the nearest dollar. SSJ-272 Use Column I on Contracts where variable retainage for line items may apply. • ARCHITECT'S PROJECT NO: WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE ' . . Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D+E-FF) % FI(C-G) I D E 1 General Conditions 15,900 0 7,950 0 7,950 50 7,950 795 2B Excavation & Backfill 6,000 0 c) _ 5,000 0 5,000 83� 1,000 500 3 Concrete 43,000 0° 30,000 0 30,000 • 70 13,000 __ 3,000 4 Masonry 500 0 0 0 • • 0 0 500 0 • 5A Struct & Misc.Steel 4,000 0 0 0 0 0 4 000 0 5B Metal Buildings 52,000 0 0 0 0 0 52,000 0 • 6 Carpentry & Millwork 3,700 0 0 0 0 .0 3,700 0 7 Insulation 300 0 0 0 0 0 300 0 8A Overhead Doors 3,300 0 0 .0 0 0 3,300 0 8B Finish Hardware 1,500 0 0 0 0 0 1'500 0 0 9A Painting 2,000 0 0 0 • 0 0 2,000 0 9B Gyspum Drywall 2,100 0 0 0 0 0 2,100 0 9C Acoustical Ceilings 600 0 0 . 0 . o 600 0 n 9D Floor Tile & Base 700 0 0 0 0 0 700 0 10 Toilet Partitions 700 0 0 0 0 0 700 0 - Plumbing 6',000 0 250 15A ' 2,506. 0 2,56o- 42 3,500 SUB TOTAL OR TOTAL 142,300.00 0 45,450 0 45,450 103,750 4,545 MA DOCUMENT G702A • CONTINUATION SHEET •. MARCH 1971 EDITION • MA® • © 1971 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D. C.20006 rr • CONTINUATION SHEET A!A DOCUMENT G702A PAGE 3 OF 3 PAGE: AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: one In tabulations below, amounts are stated to the nearest dollar. SSJ-272• Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: • WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(DT-E+F) % H(C-G) I D E 15B Air Conditioning 700 0 .0 0 0 0 700 0 15C Electrical _ 6,200 . 0 0 0 0 0 6,200 0 • - . . • • • • • ,r SUB TOTAL OR-TOTAL 111,200 0 45,1+50 0 49,450 �0 193„790 4,545 AIA DOCUMENT G702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • © 1971 THE AMERICAN INSTITUTE OF ARCHITECTS,1733 NEW YORK AVE., N.W.,WASHINGTON, D. C.20006