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HomeMy WebLinkAboutResolution - 012330 - Street Improvements Contract - Panhandle Construction Co - 14Th Street Et Al. - 01/23/1930LUBBOCK FORZJI NO. 8, . Units Hos. A-14, A-15, A-1.6, 35 and 36. C O N T R A C T. THIS COI?TRACT made and entered into this Z3 day of, A. D. 1930; by and between the CITY Cy ffBBOCK, arty of the First Part, hereinafter lr teried Cy 11CITYtt, and PAIYHAIIDLE CONSTRUCTIOI COlrit'AldY, a corporation organized and existing under the laws of the State of Texas, and with its principal office in said City, Party of the Second fart, hereinafter termed 11C0 TTR.,iCTOR, It y+ I TNE S S E T H: I. That for and in cozlsideratiori of the pay-ments and agreements hereinafter mentioned to be made and performed by the City and under the conditions expressed in the bond of even date herewith, the Contractor hereby aurees with the City to make and complete the construction of the herein mentioned improvements, namely: The making and construction of street improvements, including raising, grading and filling, and by installing concrete curbs and gutters on Units Nos. 35 and 36 and by installing concrete headers on Units ;os. A-14, A-15 and A-16 arid by paving with 2-1%2 inch Vertical Fibre Brick Pavement on Four Inch Concrete Base, (Ivo. 1 ,rick to be used on Units 35 and 36 and Iyo. 2 Brick to be used on Units e1-14, A-15 and. A-16), in accordance with the plans and specifications for all such improveLients prepared by lWdl?L i/y . R. 5/77 1-7%J jn , City Lngineer, and heretofore adopted by the City, all together with necessary incidentals and appurtenances and the extra work in connection therewith as provided in such plans a;ld specifications, and at Contractor's own cost and expense to furnish all tools, machinery, materials, equipment, labor, supervision, and other accessories necessary for the performance and construction of said improvements at the prices stated in its_proposal therefor made and filed with the City on the ,2 y __- _ day of /yo VEb �ner , 19�n , and in accordace with _the said plans and specifications prepared by the said W/7iN /1 t�/TI i %fi .7r7. , City Engineer, all of which are made a part hereof, and all in the manner and under the terris and conditions of said specifications, which are also aad.e a part hereof: II. The streets and alleys upon which the said improve- raents are to be constructed are as follows, to -wit: FOURI'lEENTH STREET, from its intersection with the d`yest property line of Avenue "'* to its intersection with the East property line of College Avenue, known and designated as Unit or District --,,To. 35. NORTH AITD SOUTH ALLEY IN BLOCK 148, 0. T. , from its intersection with the South property line of Thirteenth Street to its intersection with the north property line of Fourteenth Street, known and designated as Unit or District ho. A-14. - 1 - NORTH AIM SOT1-I ALLEY IN BLOCK lli, 0. T., from its intersection with the South property line of Thirteenth Street to its intersection viith the orth property line of Fourteenth Street, known and designated as Unit or District No. .6". -15 - NORTH k D SOUTH aLLEY IN BLOCK 117, 0. T. , from its intersection with the South line of Blain Street to its intersection with the North line of Broadway Street, known and designated as Unit or District -;o. A-16. THIRTEENT11I STREET, from its intersection with the 'fest property line of revenue "L" to its intersection with the East property line of avenue 'T,f► to a width of approxiiAately 55 feet between C cid b.S save and except that portion of said street, to-hrit, a strip approximately thirty five feet wide, which is already paved, known and designated as Unit or district !To 2 - The Contractor shall be paid for said improvements at the unit prices shown in its said proposal and in the following manner, to -wit: The improve~:lents in each Unit or District-eeeeg4 �€+�i�s�=sus=€sem=-shall be paid for in the followi.rng manner: (a) The abutting property and the owners thereof shall pay for and shall be assessed for all the cost of con- structing curbs in front of such respective properties and 90 per cent of the remaining cost of such improvements, provided, that if it shall appear at the heariflg to be had before final assessment that the special benefits to such property in the enhanced value thereof by means of such im- provements will not aggregate such proportion of costs, then there shall be assessed and be paid by such abutting property, and the owners thereof, the amount of such benefits. (b) ThP abutting property and the owners thereof on said Unit ito. 36 shall pay for and shall be assessed for 90 per cent of the ;;ost of such improvements, after deducting cost of constructing curbs, provided, that if it shall appear at the nearing to be had beforefinal assessment, that the special benefits to such property in the enhanced value thereof by means of such improvements, will not aggregate such proportion of costs, then there shall be assessed and be paid by such abutting property and. the owners thereof the amount of such benefits. (c) The remaining cost of said improvements, after deducting sums finally assessed against abutting property and the owners thereof under sub -paragraphs (a) and (b) above, shall be paid by the City of Lubbock on estimates as the work progresses and as provided in said specifications. IV. No assessment shall be made against any owner or his property until after notice and hearing as provided. by law and the charter with amend7nents in force in the City, nor shall any assessment be _lade against any parcel of property, or the owner thereof, in excess of the special benefits to such owner and his property in the enhanced value thereof by means of the improvements in the Unit upon which the particular property abuts. V. The amounts to be paid by the abutting property and the owners thereof for the improveruents in each Unit shall be and become due in installments as follows, to -wit: In six equal annual installments, due respectively on or before 10 days, one, two, three, four and five years after completion and acceptance by the City of the improvements in the Unit upon which the particular property abuts, and shall bear interest from the date of such completion and. acceptance and until paid. at the rate of 7 per cent per annum, payable annually, with provision that if default be made in the pay- ment of any installment promptly as the same matures, then, at the option of the holder of any such assessment or cer- tificate issued in evidence thereof, such default shall nature the entire assessment upon which the same is made, so that - 3 - upon completion by the Contractor and the acceptance by the City of the improvements in a particular Unit, then the assess- ment against the owners of the property abutting upon such completed and accepted Unit shall be and become due in such installments, and the amounts of the several assessments against the property abutting; upon such Unit shall bear interest from such date of completion and acceptance as here- inabove provided. VI. The sums to be paid by the abutting property and the owners thereof, shall be assessed against then and their property in accordance with the Law and Charter with amendments in force in this City, and in accordance with the proceedings of the City with reference to such improvements, and subject in all things to the terms and conditions of the Law and Charter with amendments, and the City shall in no manner be liable for the payment or collection of the sums assessed against any property, or the owners thereof, but the Contract- or and its assigns shall look exclusively to such property and the owners thereof for such sums, provided, however, that in the event construction of improvements be omitted in front of any property exempt by law from the lien of special assessments for street improvements, and the remainder of the Unit be improved, then the City will pay to the Contractor the part of the assessment against such omitted property over and above the sum which but for such omission would be due to the Contractor for work and improvements in the omitted area, and provided further, that the City does agree that it will pass all ordinances and resolutions required and permitted by law and its charter with amendments for the flaking and levying of such assessr:�ents, and that it will exercise all its lawful powers to aid in and enforce collection, but all costs thereof to be -paid by the Contractor, or its assigns. VII. I'he City further agrees that in the event any assessment shall for any reason, be held or found to be in- valid or unenforceable, it will pass all ordinances and resolutions, and take all steps permitted by Law and its Charter with amendlaents to make and levy valid and enforceable reassessments, and upon the terms and conditions above set forth, will exercise all its powers to aid in and enforce collection of any such reassess: -lents, but it shall in no manner be liable for the amount of any such reassessment. The City further agrees that upon completion by the Contractor and the acceptance by it of the improvements in any Unit, it will issue to the Contractor assignable certificates in evidence of the assess,aents levied against the property abutting upon such completed and accepted Unit, which certificates shall set forth the description of the property by Lot and. Clock number, number of front feet, or other des- cription sufficient to identify the same, the name or navies of the owners thereof as far as known, the amounts of the assessiaents levied, the rate of interest, and the terms and tae of payment, the lien against the property and the per- sonal liability of the owners thereof, and such certificates shall recite substantially that all proceedings with reference to the imx)rovements therein referred to and assessments evidenced -thereby have been regularly had in compliance with Law and Charter, and that all prerequisites to fixing of the assessment lien against the property therein referred to and the personal liability of its owners, has been performed. - 4 - Said certificates shall further provide that the amounts evidenced thereby may be paid to the Tax Collector of the City of Lubbock, who shall thereupon issue his receipt therefor, and the Tax Collector shall deposit any sums so received by him immediately with the Treasurer, and the Treasurer upon the presentation to him by the Contractor, or its assigns, of the certificate or any coupon for payment of which any sums have been received by him, properly endorsed and credited with such sums, shall thereupon pay to the Contractor, or other such owner or holder of such certi- ficates or coupons, the sums so received and the Contractor or other holder or owner shall give to the Treasurer his receipt for such sums in writing, and such receipt and credit shall be the Treasurer's warrant for making such payment, provided that upon the payment in full of any certificate with costs of collection and reasonable attor neyst fees, if in- curred, to the 'Tax Collector, and the subsequent payment of such sums by the Treasurer to the owner and holder of any such certificate shall be delivered over to the Tax Collector. Such certificates shall be executed in the name of the City by the ,iayor, attested by the City Secretary, and shall have impressed thereon the corporate seal of the City, and same may have attached thereto coupons in evidence of any or all of such installments as same may be payable, and such coupons may be executed by the ,Iayor and City Secretary, either by their original facsimile or lithographed signatures. Such certificates shall not be required to contain recitals in the exact form above set forth, but the substance thereof shall suffice, and the same may contain any other and additional recitals pertinent thereto. The Contractor shall not be required to make or construct said improvements in front of any property exempt by law from the lien of special assessments for street improve- ments unless the owner of such property shall first satis- factorily secure the contractor in the payment of the pro rata part of the cost of such improvements chargeable and assessed against the same, unless the City shall itself make satisfactory arrangements with the Contractor for the making and construction of such improvements, provided that if such improvements, without such security or arrangement, be con- structed in front of any such exempt property, then the owners thereof shall nevertheless be personally liable therefor. The proportionate part of the improvements to be omitted in front of any such exempt property in any case where same is to be omitted shall be the curb and gutter, and the other improvements in the area immediatel7' in f ront of and abutting such property and to the extent of 451,10 of the improved width of the street. The omission of improvements in front of any, such exempt property shall in nowise irnvalidate or impair the lien of any assessment levied or fixed against any other property. VIII. The undertaking of the Contractor with reference to the making and construction of the improvements in each district or unit is separate and independent from its under- taking as to the making and construction of the improvements in each and every other unit, and the assessments to be levied for the improvements in each unit shall be altogether separate from the assessments to be levied in every other unit, and in - 5 - making and levying assessr:ients against property for the improve- ments in one unit, no matter or circumstances in connection with any other unit shall be considered, all as fully and to the same extent as if altogether separate contracts had been executed with reference to the improvements in each unit. IX. Contractor agrees to commence the construction of the street paving work, with necessary raising, grading, filling, curbs, gutters, and appurtenances, immediately after the expiration of twenty (20) days from the date of final levy of assessments therefor, and further agrees to conduct work and substantially complete same according to the rate of progress called for in the specifications. X. Contractor in performing the contract shall use on1v first class materials and workmanship, and upon the com- pletion of the pavement in each Unit, shall furnish to the City a bond equal to 10 per cent of the cost of the improve- ments, with an approved surety guaranteeing such improvements for a period of five years from the date of such completion and acceptance thereof by the City, acid agreeing to rebuild or replace any improvements that may require rebuilding or replacement by reason of any defects in material or workmanship upon the terms and as provided in the specifications. XI. Upon the execution of this contract Contractor shall furnish to the City a bond guaranteeing the performance hereof, excepting the agreeiaent to furnish guaranty or main- tenance bonds as contained in paragraph X, and in the sum of Upon final completion and acceptance of the improvements in any particular unit, such construction bond shall be released pro tanto so that same shall at all times remain in force and in effect only as to the work not finally accepted. IN WITEESS 'MHEREOF, the parties have executed this instrument in duplicate the day and date first above written. ATTEST: — ,�7v-/� City Secretary. ATTEST: as�is - Se etary C I T Y O F L U B B 0 C K BY Mayor PARTY OF THE FIRST PART C I T Y PAiv T. TDLL. COTS TRUCTION COLEPPANY, BY 24 c, - President. PARTY OF THE SECOND PART. C OiTTRAC T 0 R .