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R79-04 2-12-79Ac /Ng Y 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 12th day of February, 1979, 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: Tom Reid Dennis Frauenberger Harry Farley Fran Coppinger Morris S. Wilson Carlton McComb Dorothy L. Cook and all of said persons were sentees: thus constituting a quorum. the following was transacted tion entitled: Mayor Councilman Councilman Councilman Councilman Councilman City Secretary present, except the following ab - Whereupon, among other business, at said meeting: a written resolu- RESOLUTION APPROVING CHANGE ORDER AND 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". The and NOES: None. Mayor thereupon announced that the Resolution had been duly lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. R79-4 RESOLUTION APPROVING CHANGE ORDER AND 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 $153,818.96 (the original amount of $149,200.00 having been previously increased by Change Order No. 1 and having now been increased by Change Order No. 2, a true copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes), 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. 5, attached hereto as Exhibit "B" and made a part hereof as if fully written herein, has submitted said claim pursuant to said contract; and 1 a 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 "B" and as hereinafter set out: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD S & S Contracting Co. $10,000.00 $77.06 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. 2 relating to the contract of the City with S & S Contracting Co., and mentioned in the preamble of this resolution as Exhibit "A" hereof, is hereby approved, adopted and ratified. S - P Section 3. The claim described in the preamble of this resolution and fully set forth in Exhibit "B" 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 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 4. There is now due and owing to said bank the sum of $10,000.00 and to the Contractor the sum of $77.06. Section 5. There shall be executed and delivered to said bank Certificates Nos. 23 through 24, aggregating $10,000.00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $77.06 shall be carried forward to the next delivery of such Certificates to the Contractor. Section 6. 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 12th day of February, 1979. ATTEST: City Secret CITY OF PE (SEAL) Y, AND, TEXAS Mayor CITY OF PEARLAND, TEXAS -3 CHANCE ORDER AIA DOCUMENT G701 EXHIBIT "A" OWNER ARCHITECT 0 CONTRACTOR 12 FIELD 0 OTHER PROJECT: City of Pearland (name, address) City Service Center Addition Pearland, Texas TO (Contractor) r S & S Contracting Company 2315 Southwest Frwy. Suite 102 L Houston, Texas 77098 CONTRACT DATE: July 10, 1978 You are directed to make the following changes in this Contract: CHANGE ORDER NUMBER: Two ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction of Various Metal Builders 1. Delete requirements for 3 ton window unit Air Conditioning and add 5 -ton Central Air Conditioning System with 19.6 KW Heat Strips, including elec- trical hook ups. 2. Insulate ceiling & exterior walls of finished garage area with insulation in wall betweengarage& locker rooms & restrooms. 3. Add electrical hook up for hot water heater. 4. 3 1/2 " batts, delete Relocate 2-110v duplex outlets from storage buildings to garage building. The original Contract Sum was Net change by previous Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be (increased) (dnrrn,cnrt) („nrh,ngrd) by this Change Order. The new Contract Sum including this Change Order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is ARCHITECT Address BY DATE S_& S Cont racting Company CONTRACTOR 2315 Southwest Frwy. Address Houston, Texas' DATE /z4 149,200.00 2,318.96 151,518.96 2,300.00 153,818.96 ) Days. City of Pearland Ter OWNER P.O. Box 3157 Addr •PeaBland, ,Texas flit-Q(4k k DATE BY AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C.• 20006 -4.: EXHIBIT "B" Claim No. 5 Dated: February 12, 1979 of S & S Contracting Co. (the "Contractor"), against the City of Pearland, Texas (the "City"), as per contract in the amount of $153,818.96, between the City and the Contractor: 1. Total completed to date $133,418.96 2. Less 10% retainage $ 13,341.90 3. Less previous payments $110,000.00 4. Current payment due $ 10,077.06 5. Amount to be paid Contractor by issuance of Certificates of Obligation $ 10,000.00 6. Carry-over to next claim$ 77.06 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 de- scribed above; and $10,000.00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas. (SEAL) S & S CONTRACTING CO. By 779,., utho`rized Representative) /V20J �lc� (Title) All materials and supplies represented. by the claim shown in line 4 above are in full accordance with the terms and con- ditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF PEARLAND, TEXAS By 74 eral Buildi Inspector TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON WICKER, DIRECTOR OF PLANNING AND TRANSPORTATION tC DATE: FEBRUARY 9, 1979 SUBJECT: PAYMENT NO. 5 TO S & S CONTRACTORS At the last regular City Council meeting, the City Council tabled action on approval of payment to S & S Contractors on Claim No. 5 in the amount of $10,000.00 because at that time there was little activity on the Service Center buildings. Since that time, however, much has been accomplished. The building subcontractor has almost completed everything he was to do and the general contractor has expedited the other remaining subcontractor work. I would recommend payment of Claim No. 5 at this time. Should you have any questions, please let me know. :215 8 S CONTRACTING CO„ DIVISION O PARAMOUNT CONTRACTING, INC. 2315 S.W. FREEWAY SUITE 114 HOUSTON, TEXAS 77006 TO City of Pearl and P.O. Box 1157 Pearland, Texas 77581 GENTLEMEN: WE ARE SENDING YOU O Shop drawings O Copy of letter FETTER OFF I-RAJ`1C; OAT( Dec. 29 1. 8 Jell NO = 72 ATTENTION Mr. Ron Wicker ao City Service Center Addition Change Order #2 3 12/29/78 Application and Certificate for Payment ) 20 Attached ❑ Under separate cover via mail ❑ Prints O Change order ❑ Plans 0 See Below E. Samples the following Mems: ❑ Specifications CIP.ES DATE NO. DESCRIPTION 3 12/29/78 Change Order #2 3 12/29/78 Application and Certificate for Payment THESE ARE TRANSMITTED as checked below: O For approval O For your use ❑ Approved es submitted 0 Resubmit copies for approval ❑ Approved as noted 0 Submit copies for distribution O As requested 0 Returned for corrections ❑ Return corrected prints O For review and comment 6 O FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER WAN TO US _ ,REMARKS COPY TO File SIGNED Paula D. Kine Ir .aclnwNa M eM a[ ate. Mnalp aMlrp se al Ma CHANGE ORDER AIA DOCUMENT G701 n n OWNER ARCHITECT 0 CONTRACTOR FIELD 0 OTHER PROJECT.: City of Pearland (name, address) City Service Center Addition Pearland, Texas TO (Contractor) r L S & S Contracting Company 2315 Southwest Frwy. Suite 102 Houston, Texas 77098 CHANGE ORDER NUMBER: Two -1 ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction of Various Metal Builders J CONTRACT DATE: July 10, 1978 You are directed to make the following changes in this Contract: 1. Delete requirements for 3 ton window unit Air Conditioning and add 5 -ton Central Air Conditioning System with 19.6 KW Heat Strips, including elec- trical hook ups. 2. Insulate ceiling & exterior walls of finished garage area with 3 1/2''r batts, delete insulation in wall between garage & locker rooms & restrooms. 3. Add electrical hook up for hot water heater. 4. Relocate 2-110v duplex outlets from storage buildings to garage building. The original Contract Sum was $ Net change by previous Change Orders $ The Contract Sum prior to this Change Order was $ $ The new Contract Sum including this Change Order will be $ The Contract Time will be (increased) (decreased) (unchanged) by The Date of Completion as of the date of this Change Order therefore is The Contract Sum will be (increased) (11Prrs5cnrl) (nnrl„ngrrl) by this Change Order . ARCHITECT Address S & S Contrasting Company CONTRACTOR 2315 Southwest Frwy. Address Houston, Texas BY BYXS,/ DATE DATE / 4Z01/� 149,200.00 2,318.96 151,518.96 2,300.00 153,818.96 ( ) Days. City of Pearland Tex OWNER P.O. Box 1157 Addr Pear and, BY xas DATE t 3 `Z AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIAS • ® 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE • ¢r-- ., APPLICATION AND CERTIFICATE FOR PAYMENT AlA DOCUMENT G702 1 PAGE ONE OF 3 PAGi PROJECT: City of Pearland ARCHITECT: Joffrion & Associates _ ___ (name, address) City Service- Center Addition Pearland, Texas ARCHITECT'S PROJECT NO: P.O. Box 1157 TO (Owner) CONTRACTOR: S & S Contracting Company City of Pearland, Texas 77581 CONTRACT FOR: Service Center Expansion J-272 APPLICATION DATE: 12/29/78 APPLICATION NO: 5 ATTN: Mr. Ron Wicker PERIOD FROM: 12/6/78 TO 12/31/78 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. CChange Orders approved ADDITIONS $ DEDUCTIONS $ Continuation Sheet,AlA Document G702A, is attached. in previous months by The present status of the account for this Contract is as follows: Owner— TOTAL ORIGINAL CONTRACT SUM $ 149,200.00 200.00 Subsequent ChangeOrders Number Approaved Net change by Change Orders $ 4,618.96 ) #1 11/3/78 +2,318.96 CONTRACT SUM TO DATE $ 153,818.96 #2 +2,300.00 • • TOTAL COMPLETED & STORED TO DATE $ 133,418.96 (Column G on.G702A) TOTALS RETAINAGE % $ 13,341.90 Net change by-Change Orders $ +4,618.96 or as noted in Column I on G702A • TOTAL EARNED LESS RETAINAGE $ 120,077.06 State of: Texas County of: Harris a The undersigned Contractor certifies that the Work covered by this Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 110,000.00 cation for Payment has been completed in accordance with the Contract Ls Documents, that all amounts have been paid by him for Work for which - previous Certificates for Payment were issued and payments received from - CURRENT PAYMENT DUE $ 10,077.06 the Owner, and that the current payment shown herein is now due. Contractor: Subscribed and sworn to before me this -th day of ecember ,19 78 S & S Contracting Company NotaryPublic: King \ 0. p- Paula D. -Y/ My Commission expires: 10-18-80 By: Date: /7-6 6)' 7 In accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. D OWNER Architect: Joffrion & Associates'' ❑ ARCHITECT ^' ❑ CONTRACTOR . • By: c)L \ - - ❑ 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 Contract. AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDITION • AIAO _ ©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 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 5 - - - 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: ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D-FE+F) % H(C-G) I 1 General Conditions 15,900 14,900 0 0 14,900 1,000 1,490 2B Excavation & Backfill 6,000 6,000 o 0 6,000 - 0 600 C 3 Concrete 1i3,000 1+0,000 0 0 I1o,o00 3,000 4,000 l+ Masonry 500 . 500 0 0 500 0 50 5A Struct. & Misc. Steel 4,000 4,000 0 0 1+,000 0 1+00 5B Metal Buildings 52,000 51,000 0 0 -51,000 1,000 5,100 6 Carpentry & Millwork 3,700 2,500 1,000 0 3,500 200 350 ` y 7 Insulation 300 0 0 0 0 . 300 0 8A Overhead Doors 3,300 0 3,300 0 3,300 0 330 8B Finish Hardware 1,500 0 0 0 0 1,500 0 • 9A Painting V 2,000 0 0 0 0 2,000 0 9B Gypsum Drywall 2,100 0 0 0 0 2,100 0 9C Acoustical Ceilings 600 0 0 0 . 0 600 0 9D Floor Tile & Base 700 0 0 0 0 700 0 i 10 Toilet Partitions 700 0 0 0 0 700 0 i 15A Plumbing - 6,000 4,500 0 0 1+,500_ 75 1,500 1+50 ,• SUB TOTAL OR TOTAL 142,300 123,400 4,300 0 127,700 73 15,600 12,770 AIA DOCUMENT G702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • © 1971 •THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 CONTINUATION SHEET AIA DOCUMENT G702A PAGE OF .R PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 5 • _ __ _In tabulations_below,_amounts_are_staied_to-the-nearest dollar. _ Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED • No. STORED TOTAL COMPLETED AND BALANCE RETAINAGE VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D+E+F) % H(C—G) I • D E 15B Air Conditi o ng inn n _ . . . . .Ton. . . . o .Inn 0 . 0 70 ' 15C Electrical 6,200 0 3,200 0 3,200 0 . _ _ 3,000 320 C Change Order #1 2,318.96 518.96 0 518.96 1,800 51.90 Change Order #2 2,300.00 0 1,300.00 - 0 1,300.00 1,000 130 • • • • i . ') SUB TOTAL OR TOTAL 153,818.9E 123,400 9,500 0 133,418.96 20,400 13,341.90 AIA DOCUMENT G702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIAO • © 1971 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 i '.. ,APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 1 PAGE ONE OF 3 PAGI" PROJECT: City of Pearland ARCHITECT: Joffrion & Associates (name, address) City -Se-r-vice-Center- Addition Pearland, Texas ARCHITECT'S PROJECT NO: P.O. Box 1157 TO (Owner) CONTRACTOR: S & S Contracting Company City of Pearland, Texas 77581 CONTRACT FOR: Service Center Expansion J-272 APPLICATION DATE: 12/29/78 APPLICATION NO: 5 ATTN: Mr. Ron Wicker PERIOD FROM: 12/6/78 TO 12/31/78 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet,AIA Document G702A, is attached. Change Orders approved ADDITIONS $ - DEDUCTIONS $ in previous months by The present status of the account for this Contract is as follows: Owner— TOTAL 149,200.00 Subsequent Change Orders ORIGINAL CONTRACT SUM $ Number Approved 1+ 618.96 (date) Net change by Change Orders $ #1 11/3/78 +2,318.96 CONTRACT SUM TO DATE $ 153,818.96 #2 +2,300.00 • TOTAL COMPLETED & STORED TO DATE $ 133,418.96 (Column G on G702A) TOTALS RETAINAGE % $ 13,341.90 Net change by-Change Orders $ +14,618.96 or as noted in Column I on G702A • • TOTAL EARNED LESS RETAINAGE $ 120,077.06 State of: Texas County of: Harris The undersigned Contractor certifies that the Work covered by this Appli- LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 110,000.00 cation for Payment has been completed in accordance with the Contract L -' Documents, that all amounts have been paid by him for Work for which 10';,077.06 previous Certificates for Payment were issued and payments received from CURRENT PAYMENT DUE $ the Owner, and that the current payment shown herein is now due. - Contractor S & S Contracting Company Subscribed and sworn to before me thisth day of ecember ,19 78 Notary Public: Paula D. King V'"r 0, 1 By: Date: /7/Z 9/77 My Commission expires: 10-18-80 ' In accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. ❑ OWNER • Architect: Joffri n & Assoc'ates ❑ ARCHITECT D CONTRACTOR By: D�- ❑ 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 Contract. 'AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1971 EDITION • AIA® ©1971 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 ' t CONTINUATION SHEET AIA DOCUMENT G702A PAGE 2 OF 3 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 5 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-FE+F) % H(C-G) I D E 1 General Conditions _ 15,900 14,900 0 0 14,900 1,000 1,490 2B Excavation & Backfill 6,000 6,000 0 0 6,000 0 600 C ; 3 Concrete 43,000 4o,000 • 0 0 4o,000 3,000 4,000 4 Masonry 500 . 500 0 0 500 0 50 5A Struct. & Misc. Steel 4,000 4,000 0 0 4,000 0 400 - 5B Metal Buildings 52,000 51,000 0 0 51,000 1,000 5,100 6 Carpentry & Millwork 3,700 2,500 1,000 0 3,500 200 350 7 Insulation 300 0 0 0 0 300 0 8A Overhead Doors 3,300 0 3,300 0 3,300 0 330 8B Finish Hardware 1,500 0 0 0 0 1,500 0 C9A Painting 2,000 0 0 0 0 2,000 0 9B Gypsum Drywall 2,100 0 0 0 0 2,100 0 9C Acoustical Ceilings 600 0 0 0 0 600 0 9D Floor Tile & Base 700 0 0 0 0 700 0 10 Toilet Partitions 700 0 0 0 0 700 0 15A Plumbing 6,000 4,500 0 0 4,500_ 75 1,500 450 SUB TOTAL OR TOTAL ----- -- - � 142,300 123,400 4,300 0 127,700 _ 73 - 15,600 12,770 • AIA DOCUMENT G702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • © 1971 -- :THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D. C.20006 CONTINUATION SHEET AIA DOCUMENT G702A PAGE R OF 3 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 5 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED No. STORED TOTAL COMPLETED AND BALANCE RETAINAGE A VALUE Previous This MATERIALS STORED TO DATE - TO FINISH B C Applications Application F G(D-FE-FF) % H(C—G) I D E 15B Air Conditioning Inn . . . . 0 700 0 700 . . . 0 _ . a . . 70 15C Electrical 6,200 0 3,200 0 3,200 0 3,000 320 r----'t Change Order #1 2,318.96 518.96 0 518.96 1,800 51.90 Change Order #2 2,300.00 0 1,300.00 0 1,300.00 1,000 130 • SUB TOTAL OR TOTAL ;z � 153,818.9E 123,400 9,500 0 133,418.96 20,400 13,341.90 AIA DOCUMENT G702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • © 1971 ,w ,THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 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 it day of February, 1979, 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 deconseconsecutively on of ffrom 23 0 through ,a 24,rboth inclusive, bearing interest at the rate of 5.00, aggregating $June 1, and on June 1, 1979 and 5.00 °s per annum to June 1, 1979, thereafter at the rate of 6.00% per annum, and maturing serially in their numerical order on February 1 as follows: 1985 $10,000 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 authorit e ffity of theee Citystotto issuecers the same or questioning or contesting theof 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 Cit as of the date shown above. City Treasurer (CITY SEAL) Mayor 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) AND STATE BANK (Title of Officer) We hereby acknowledge receipt of the certificatesmdescribedsabove, which certificates constitute full payment City in the amount of $10,000, said claim having been assigned to us, without discount, by S & S Contracting Co. PE Pe (BANIC,SEAL) Tit e of Officer) NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND NOTICE is hereby given of a meeting of the City Council of the CITY OF PEARLAND, Brazoria and Harris Counties, Texas (the "City"), to be held on the 12th day of February, 1979, at 7:30 p.m. in the: City Hall Pearland, Texas for the purpose of adopting a resolution approving change order and claim and authorizing issuance of Certificates of Obligation, Series 1978-A, and for the purpose of conducting, considering and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emer- gency and an urgent public necessity for the holding of the meeting and for the adoption of such resolution at the meeting. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this day of February, 1979. /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) CERTIFICATE OF POSTING OF NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND I, the undersigned officer of the CITY OF PEARLAND, hereby Brazoria and Harris Counties, Texas (the "City"), do execute this certificate for the benefit of all persons in- terested in the posting of notice of a meeting of the City Council of the City as required by the Open Meetings Act (Article 6252-17, Vernon's Texas Civil Statutes, as amended) and the validity of all actions and proceedings taken at such meeting and I do hereby certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the office shown beneath my signature, and in such capacity I am familiar with the matters contained in this certificate. 2. The attached and foregoing is a true andcorrect m copy of the Notice of Meeting which was posted by 1979, �:� o'clock 'P.m. on the _ day of-g� in a place readily accessible to he general public at all times, to -wit: , in the City Hall o the City. WITNESS MY HAND AND THE E197OFFICIAL SEAL OF THE CITY, this day of 9 4— ' (SEAL) City Secretary CITY OF PEARL D, TEXAS *., _ J ; CERTIFICATE FOR RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND AUTHORIZING . THE ISSUANCE OF CERTIFICATES ,OF OBLIGATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § We, the undersigned officers of the CITY OF PEARLAND, TEXAS (the "City") , do hereby certify as follows : 1. That we are the duly chosen, qualified and acting offi- cers of the City for the offices shown below our signatures and that as such we are familiar with the facts herein certified. 2 . That there is attached to and follows this certificate an excerpt of proceedings from the minutes of a meeting of thle "City Council. of the City (the Council") roichm hisma true!,of full and complete excerpt of all proceedings f the City Council pertaining to the adoption of the resolution de- scribed therein; and that the persons named in such excerpt as the officers and members of the City Council or as officers of the City are the duly chosen, qualified and acting officers and members as indicated therein. 3 . That a true and complete copy of the resolution (the "Resolution") , as adopted at the meeting described in such ecerpt from the minutes , is attached to and follows such excerpt. 4 . That the Resolution has been duly and lawfully adopted by the City Council and that the Mayor of the City has approved, and hereby approves , the Resolution; that the Mayor and the City Secretary of the City have duly signed and attested the Resolution and each, respectively, hereby declares that the signing of this certificate shall also constitute the signing of the Resolution for all purposes; and that the Resolution, as signed, has been duly recorded in the minutes of the City Council for such meeting. 5 . That each of the officers and members of the City Council was duly and sufficiently notifiedofficially yjandt p sonally, in advance, of the date, hour, place such meeting of the City Council, and that the Resolution would be introduced and considered for passage at such meeting , and each of such officers and members consented, in advance, to 'the holding of such meeting to consider and act upon such subject. 6 . That written notice of the meetingofhCytCouncil described in the excerpt from the thatminutes such posted in meeting was open to the m and manner required by law; and public as required by law at all times during which the Resolution and the subject matter thereof were discussed, ,consipen dered , formally acted upon, all as required by the Article 6252-17, Vernon's Texas Civil Statutes , as amended. SIGNED AND SEALED this 12th day of February, 9 . <==bC/914-1 City cre ary Mayor (SEAL) 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 12th day of February, 1979 , 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: Tom Reid Mayor Dennis Frauenberger Councilman Harry Farley Councilman Fran Coppinger Councilman Morris S. Wilson Councilman Carlton McComb Councilman Dorothy L. Cook City Secretary and all of said persons were present, except the following ab- sentees : thus constituting a"quorum. Whereupon, among other business , the following was transacted at said meeting: a written resolu- tion entitled: RESOLUTION APPROVING CHANGE ORDER AND 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 APPROVING CHANGE ORDER AND 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 $153 , 818 . 96 (the original amount of $149 ,200 . 00 having been previously increased by Change Order No. 1 and having now been increased by Change Order No. 2 , a true copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes) , 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. 5, attached hereto as Exhibit "B" 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 "B" and as hereinafter set out: AMOUNT TO BE AMOUNT TO BE PAID NOW CARRIED FORWARD CLAIMANT ------'_ S & S Contracting Co. $10,000.00 $77.06 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. Sects 2. Change Order No. 2 relating to the contract of the City with S & S Contracting Co., and mentioned in the preamble of this resolution as Exhibit "A" hereof, is hereby approved, adopted and ratified. -2- Section 3. The claim described in the preamble of this resolution and fully set forth in Exhibit "B" 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 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 4. There is now due and owing to said bank the sum of $10,000.00 and to the Contractor the sum of $77.06. Section 5. There shall be executed and delivered to said bank Certificates Nos. 23 through 24, aggregating $10,000.00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $77.06 shall be carried forward to the next delivery of such Certificates to the Contractor. Section 6. The Mayor, City Secretary, City Treasurer, and other opriate 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 12th day of February, 1979. ATTEST: /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /s/ Tom Reid Mayor CITY OF PEARLAND, TEXAS -3-