R79-14 5-29-79RESOLUTION NO. R79-14
A RESOLUTION APPROVING CHANGE ORDER AND CLAIMS
AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF
OBLIGATION.
THE STATE OF TEXAS
COUNTIES OF BRAZORIA $ HARRIS
CITY OF PEARLAND
I
T
X
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS (the "City"),
by Resolution No. R78-37 adopted September 11, 1978, found it was necessary
and desirable for the City to furnish materials and supplies for improving
roads, bridges and streets of the City to -wit: (1) Hot mix asphalt surfacing;
and (2) Double penetration asphalt surfacing, 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 furnishing materials
and supplies would be let and due and proper notice of its intention to issue such
Certificates of Obligation; and
WHEREAS, the City Council thereafter awarded a contract to Ashland -Warren,
Inc. in the amount of $2.35 per square yard for approximately 11,750 square
yards , as the lowest and best bid for the supplying, delivering and applying
type "D":T. H. D. Specifications Item 340 asphalt surfacing, 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 final completed footage performed by the said contract was
the total square yard footage of 15,095.11, which includes Item 2 & 3 of Change Order.
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 Council heretofore authorized extra work to be performed
pursuant to the provisions of the contract by the Contractor and the City of
Pearland, and
WHEREAS, the extra work performed by the Contractor totals $6,678.27 as
more fully shown in Item 1 of Change Order'1 attached -hereto --and made -a part hereof
for all purposes, and attached hereto as Exhibit "B"
WHEREAS, the Contractor, as shown on a true copy of its Claim No. 2
attached hereto as Exhibit "C" 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 claims to the full extent thereof and to the full extent of
the Certificates of Obligation hereinafter 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 Contractor 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, Claim No.1 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 claims and
authorize the payment thereof by the issuance and delivery of certain said
Certificates of Obligation all as shown on said Exhibit "A" and "C" and
as hereinafter set out;
CLAIMANT
CTATM NO, 1
Ashland -Warren, Inc. $35,000..00 $ 473.51
CLAIM NO. 2
Ashland -Warren, Inc, 6,678,27
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, Change Order No. 1 shown as Exhibit "B" relating to the
contract of the City with Ashland Warren, Inc., is hereby approved, adopted and
ratified.
Section 3. The claim described in the preamble of this resolution and
fully set forth in Exhibit "A" Claim 1 mentioned in said preamble shall be,
and the same is hereby, approved and allowed, and the City hereby acknowledges
receipt of full benefits represented by said claim to full extent thereof
and to the full extent of the Certificates of Obligation herein authorized
to be delivered; and the City hereby recognizes and approves the transfer
AMOUNT TO BE AMOUNT TO BE. PAID
PAID BY ISSUANCE OF IN CASH BY THE CITY
CERTIFICATES OF OBLIGATION
•
EXHIBIT "A"
Claim No, 1 May 29, 1979
of Ashland' -Warren, Inc. (the "ContractorP), against the City of Pearland,
Texas (the "City"), as per contract in the amount of $35,473,51, between the
City and the Contractor;
1. Total completed to date,.,<.. ..,......•.•..•..•..,$ 35,473.51
2. Les* previous payments - 0 -
3. Current Payment Due 35,473.51
4. Amount to be paid Contractor by issuance of Certificates
of Obligation 35,000.00
5. Amount to be paid by the City 473.51
The amount shown in line 4 above represents our claim against the City
of Pearland, Texas, for performance under the terms and conditions of the
contract described above; and $35,000.00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State Bank, Pearland,
Texas.
ASHLAND -WARREN, INC.
(Authori ed Represe- -five)
(Title)
All materials and supplies represented by the claim shown in line 3 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.
MALCOLM A. COLLINS, ENGINEER
BY: n4XCs4„._ K.
_ASPHALT SALES
PAVING CONTRACTOR
HIGHWAY CONTRACTOR
SOLD TO:
1 GULF DIVISION
(Warren Bros. Co.)
ASHLAND: - WARREN. INC.
P.O. BOX 2572
723 NORTH DRENNAN
HOUSTON, TEXAS 77001
PHONE 224-9211
CITY OF PEARLAND
P.9. BOX 1157
PEARI-A D, TEXAS 77581
DRENNAN 0
HUMBLE
ELLINUTON 0
SAN LEON 0
OTHER 00640
SHIPPED TO: DIXIE FARM T.
TERMS:
30 DYS
DATE SHIPPED
5-1-79
QUANTITY
15, 095.11SY
(1,283.84SY
(454.6iSY
13,356.55SY
DESCRIPTION
HOT MIX
518 B -DIXIE FR
BRIDGE
SCARIFY, MANIPULATE & COO#'ACT
11111111111.1""k
THANK YOU
UNIT
235
.50
3547.
6678
5
27
2,151178
I /
CO
DIST
BRANCH
-CUSTOMER NO.
DESTINATION
DATE
JOB NUMBER
9
91
105
6665000
5
11
79
INVOICE NUMBER °
DATE SHIPPED
5-1-79
QUANTITY
15, 095.11SY
(1,283.84SY
(454.6iSY
13,356.55SY
DESCRIPTION
HOT MIX
518 B -DIXIE FR
BRIDGE
SCARIFY, MANIPULATE & COO#'ACT
11111111111.1""k
THANK YOU
UNIT
235
.50
3547.
6678
5
27
2,151178
I /
DELIVERY CERTIFICATE
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
T
X
We, the undersigned, officers of the City Council of the City of
Pearland, Texas, certify that on the /stday of June, 1979, we delivered to
Pearland State Bank, Pearland, Texas, the following:
CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978-B, dated November 1, 1978, numbered consecutively from
9 through 43, both inclusive, in the denomination of $1,000
each, aggregating $35,000, bearing interest at the rate of
6.25% per annum to December 1, 1979, and annually thereafter,
and maturing serially in their numerical order on December 1
as follows: -
$ 3,000 9-11 1979
11,000 12-22 1980
11,000 23-33 1981
10,000 34-43 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 certificates have
been repealed or rescinded; and no referendum petition has been filed with respect
thereto.
WITNESS our hands and the official seal of said Cit a• of the date
shown above.
City Treast}rer
(CITY SEAL)
Mayor
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.
_-(BANK SEAL)
PEARLAND STATE BANK
nd, Texas
(Signature of Officer)
(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 $35,000, said claim having been assigned to us, without discount, by Ashland -
Warren, Inc.
(SN.K_SEAL)
PE AND STATE BANK
nd, Texas
(Signature of Officer)
(Title of Officer)
6,7
ed e hD
TELEPHONE (713) 485-2411
POST OFFICE BOX 1157
PEARLAND, TEXAS 77581
May 23, 1979
Gulf Division
Ashland-Warren, Inc.
P. 0. Box 2572
723 North Drennan
Houston, Texas 77001
RE : Finish Grading and Paving of Dixie Farm Road
Gentlemen:
This Change Order is to extend the total price of the contract as follows :
1 . Finish grade Dixie Farm Road from McDonald Street to
North city limits 13,356.55 square yards at .50 sq. yd.
6678.27
2. Pave timber bridge with HMAC 454.67 sq. yds. at
2.35 sq. yd. 1068.47
3. Pave the approaches of Dixie Farm Road at FM 518,
200 ft. North and South with 1-1/2 inches of HMAC,
1283.89 sq. yds. at 2.35 sq. yd. 3017.14
These revisions result in a total increase of $10,763.88. This will result
in a total contract price of $42,151 .78. This Change Order supersedes,
replaces and revises the original contract documents and will form a part
of the same.
APPROVED AND ACCEPTED BY: PR ED AND APPROVED BY:
C:::ren
onald J. W cke , Director o
Planning and Transportation
BY. APPROVED AND ACCEPTED BY:
4474/4W--- '
William E. Wolff, City Manager
CHANGE ORDER 1
EXHIBIT "B"
_.
EXHIBIT "C"
Claim No. 2 May 29, 1979
of Ashland-Warren, Inc. , (the "Contractor") , against the City of Pearland,
Texas (the "City") , as per No. 1 of Change Order 1 in the amount of $6,678.27.
1. Total completed to date $6,678.27
2. Less previous payments - 0 -
3. Current payment due 6,678.27
4. Amount to be paid by the City 6,678.27
The amount shown in line 3 above represents our claim against the
City of Pearland, Texas, for performance under and in conformity with the
terms and conditions of the contract and the Change Order described above.
/1-ASHLAND-WARREN, INC.
/eAl.ee 1--ke--/-r-
(Authorized Representative)
1/14W 1 Gif )47%1
7/ -
(Title)
All materials and supplies represented by the claim shown in line 3 above
are in full accordance with the terms and conditions of the contract and
Change Order described above.
MALCOLM A. COLLINS, ENGINEER
By: Q.