Loading...
HomeMy WebLinkAboutResolution - 072530 - Street Improvements - Panhandle Construction Company - Avenue H - 07/25/1930M THE STATE OF TEXAS COUNTY OF LUBBOCK THIS CONTRACT this day entered into between the City of Lubbock, Texas, a Municipal Corporation, organized under the laws of the State of Texas, here- inafter called "CITY", and Panhandle Construction Company a corporation, with its principal office and place of business in the City of Lubbock, Texas, here- inafter called "CONTRACTOR", W I T N E S S E T H: I. The improvements herein referred to shall be con- structed by the Contractor upon the following portion of Avenue "H" in said City within the following limits, to wit: AVENUE "H", from its intersection with the North property line of Nineteenth Street to its inter- section with the North property line of Twenty-sixth Street, known and designated as Unit or District No. The improvements to be constructed on said Unit to consist of raising, grading and filling, and installing con- crete curbs and gutters, and by making and constructing storm sewerswh re provided for in the plans, and by paving with No. 2-1/2 Inch Vertical Fibre Brick Pavement on Four Inch oncrete Base, together with appurtenances as shown on the plans hereinafter referred to. Said Contractor agrees, at its own cost and expense, to furnish all labor, materials, tools, machinery, and appliances and to construct in a good workmanlike manner, in strict accordance with specifications and plans for said work, the said improvements, including raising, grading and filling same, and installing concrete curbs and gutters, and by making and constructing storm sewers where provided for in t plans, and paving with No. 2-1/2 Inch Vertical Fibre Brick Pavement on Four Inch Concrete Base, together with appurtenances and incidentals, which said specifications and plans and the ordinance and proceedings of the city concerning said improvements are hereby referred to and made a part hereof as if written herein in full, a copy of said specifications being hereto attached and marked Exhibit "A". II. The Contractor agrees to prosecute said work with diligence and dispatch in a good workmanlike manner, and to complete same within fair working days after commencing. but the Contractor shall be entitled to extensions of time for unusual delays in delivery of materials, strikes of workmen, injunctions, inclemency of weather, or for other causes beyond the control of the Contractor, and the Contractor agrees to commence work within days after being notified in writing by the Engineer so to do, but shall not be required to commence until after the necessary steps looking to the improve- ment on said portion of avenue and the assessment of the costs thereof against the abutting property, and the owners thereof, have been taken and performed, and the necessary time for any suit to contest any assessment has expired, and in the event - 1 - any suit to contest any assessment levied is filed within the time provided by law, then, at the option of the Contractor, work on said street involved in such suit may be suspended until the determination of such suit. The Contractor shall receive and be paid for all of said work at the following unit prices, to wit: - 2 - Extra work for which no unit prices are given shall be paid for at cost plus 15%. III. The Contractor shall be paid for the said work in said District or Unit in the following manner, to wit: All of the cost of making and constructing storm sewers and accessories shall be paid by the City of Lubbock. The cost of the remaining improvements on said portion of Avenue "H" shall be paid as follows, to wit: (a) The owners of property abutting upon the improvements shall pay not exceeding all of the cost of con- structing curbs and gutters, plus nine -tenths of the remaining costs; it being contemplated that the proportionate cost of the improvements to be paid by and assessed against abutting prop- erty and the owners thereof, shall be the estimated cost of curb, plus nine -tenths (9/10ths) of the remaining cost as same shall be determined at the hearing provided by law and the proceedings relating to said improvements. (b) After deducting the amounts to be paid by and assessed against such abutting property and the owners thereof, the remaining cost of the improvements shall be paid by the City of Lubbock. The amounts to be paid by abutting property and the owners thereof shall be assessed against such abutting property and the real and true owners thereof, and shall be apportioned among the respective parcels of abutting property in accordance with and under the terms, powers and provisions of the Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Legislature, and in accordance with the terms of the resolution ordering said improvements, entitled: "RESOLUTION ORDERING AND PROVIDING FOR IMPROVE- MENTS ON A PORTION OF AVENUE "H" IN THE CITY OF LUBBOCK, TEXAS, PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID FOR AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFICATIONS"; and shall be and become payable in installments and with inter- est as provided in such resolutiop and the special assessments levied shall be evidenced by assignable certificates, all in the manner provided in said reso2,utim which is hereby expressly referred to and made a part -hereof as if written herein in full. IV. The Contractor shall not be compelled to construct said improvements in that portion of said avenue immediately abutting any property against and on which valid assessments are not levied, but shall be entitled to omit such improvements on that portion of the said avenue immediately abutting such property and for which said property would otherwise be charge- able, provided, that if the owners of said property shall satisfactorily secure the Contractor in the payment of the sums with which such property would be chargeable, or if the City shall itself arrange with the Contractor to pay therefor, then the improvements shall be constructed in such portions of said avenue. V. mrP contractor agrees upon the execution of this FI contract and before beginning work, to execute and deliver to the City a bond for the faithful performance of the terms and conditions hereof, except paragraph VIII, conditioned in the sum of DOLLARS ($ ), with surety acceptable to the City Commission, said bond to be conditioned substantially for the faithful performance and strict performance of all the covenants stipulations and agreements hereof and as contained in said specifications, and for the payment of all bills for labor and material used in the construction of said work. VI. The City binds itself to pass all ordinances and resolutions, and to take all steps and acts required and provide( by law, and the proceedings of the City to levy valid and binding assessments against the abutting property and the owners thereof, and the City further binds itself that in the event any error or irregularity shall appear in the proceedings with reference to said improvements, or in the assessment of the cost, or in the fixing of any personal liability or lien, or any other matter or thing affecting the validity of any assessment, or claim, it will pass all resolutions and ordinance; and take all steps permitted or allowed by law for the purpose of curing any such error or invalidity and levying and fixing valid reassessments against such property and fixing personal liability and liens, -but no reassessment shall be made until after notice and hearing, nor in excess of special benefits to abutting property in enhanced value by means of the improvements for which reassessments are levied. It is expressly stipulated that the City does not guarantee the collection of the assessmentsagainst abutting property and the owners thereof, nor shall it become in any manner liable for the cost of collecting same or enforcing the lien thereof, but it shall and will exercise and exhaust all its lawful powers to aid in and enforce collection. VII. The City agrees that it will, upon completion and acceptance of the said improvements, cause to be issued to the Contractor assignable certificates evidencing the assessments levied against the property abutting upon such improvements, setting forth and declaring the amount to be paid by each parcel of abutting property and the owners thereof, and the time and terms of payment, and containing recitals as provided in said ordinance, and the amounts evidenced by said certificate may be paid to the Collector of Taxes of the City and he shall issue his receipt therefor, which receipt shall be evidence of such payments on any demand for the same, either by virtue of the certificate or any contract to pay same entered into by the owners of the property. The Collector of Taxes shall deposit al sums so received by him forthwith with the City Treasurer, and such Treasurer shall keep same in a separate fund to be designated as PAITHANDLE CONSTRUCTION COMPANY SPECIAL CERTIFICATE FUND, and whenever payment shall be made to the Collector of Taxes he shall, upon presentation to him of such certificate, endorse said payments thereon, and the Contractor, or other holder of any such certificate on which payment has been made,. shall be entitled to receive from the City Treasurer the amount so paid upon presenting to him such certificate so endorsed by the Collector of Taxes, and such endorsement and credit shall be the Treasurerts Warrant for making such payments to the Contractor, or other holder. Any such payment by the Treasurer - 4 - shall be receipted for by the holder of such certificate in writing or by the surrender thereof when all principal and accrued interest and reasonable attorneyts fees and costs of collection, if incurred, have been paid in full. VIII. Contractor, in performing the contract, shall use only first class materials and workmanship, and upon the com- pletion of the pavement in said Unit, shall furnish to the City a bond equal to ten (10%) per cent of the cost of the improvements, with an approved surety guaranteeing such im- provements for a period of five years from the date of such completion and acceptance thereof by the City, and agreeing to rebuild or replace any improvements that may require rebuilding or replacement by reason of any defects in material or work- manship upon the terms and as provided in the specifications. IX. Payments to be made by the City for such improvement shall be made in cash. W Whenever the improvements on said unit have been completed and accepted by the City, all retained percentages on estimates of the amount due by the City for the improvements in such Unit shall be paid to the Contractor. XI. This contract shall be personal to the Panhandle Construction Company, and it is agr6ed that the performance thereof, whether in whole or in part, shall not be assigned or sublet without the consent of the City Engineer. IN WITNESS WHEREOF, the parties hereto have here- unto set their hands, this the 1-j— day of A. D. 1930. CITY OF UBBOCK, TEXAS, ATTEST: BY or, City of Lubbock, Texas. City Secretary. C I T Y PANVE CONSTRUC�COMPANY, ATTEST: BY c�P_e — President 55/S6ia—S e t a r y CONTRACTOR.