HomeMy WebLinkAboutResolution - 031876A - Contract - Kerr Co - Sprinkler System & Parking Lot, Blk 4 Memorial Center Add - 03_18_1976.. .. 970 R
COZNTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into the 18th day of March A.D.,
1976, by and between the City of Lubbock, or the County of Lubbock and State of
Texas, acting through Roy Bass, thereunto duly authorized so to do, Party of the
First Part, hereinafter termed OWNER, and
Kerr Construction Company
of the City of Lubbock , County of Lubbock and State of
Texas Party of the Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the party of the First Part
(OWNER), and under conditions expressed in the bond bearing even date herewith, the
Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First
Part (OWNER) to commence and complete the construction of certain improvements des-
cribed as follows:
Install water sprinkler system and construct parking lot in
Block 4, Memorial Center Addition
and all extra work in connection therewith, under the terms as stated in the
General Conditions of the agreement; and at his (or their) own proper cost and ex-
pense to furnish all the materials, supplies, machinery, equipment, tools, superin-
tendence, labor, insurance and other accessories and services necessary to complete
the —said construction, in accordance with the conditions and'prices stated in the
proposal attached hereto and in accordance with the General Conditions of the Agree-
ment, and in accordance with the Plans, which includes all maps, plats, blue prints
and other drawings and printed or written explanatory matter thereof, and the Specifi-
cations therefore, as prepared by the CITY ENGINEER, each of which has been identified
by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the
CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Con
struction Bond hereto attached, all of which are made a part hereof and collectively
evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to 00 so shall have been given to him, and to substantially com-
plete same within the time hereinafter specified.
The 014NER agrees to pay the CONTRACTOR in current funds for the performance
of the contract in accordance with the proposal submitted therefore, subject to additimc
and deductions, as provided in the specifications, and to make payments on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to there presents have executed this
agreement in quadruplicate in the year and date first above written.
Approved as to for :
Z- Z-4t'4
Fred 0. Senter, Jr., City Attorney
ATTEST:
e-41-2 - �11
Treva Phill ps, Cit Secretary
(SEAL)
s
CITY OF LUBBOCK
Party of the First Part (MNER)
BY i .5
ROY BASS
KERR CONSTRUCTION COMPANY
Contractor, Corporation, Partnership
Party of the Second Part
BY �/
TITLE PRESIDENT
COMPLETE ADDRESS:
P. 0., BOX 888
�UBBOCK
TEXAS- 79408 `
STATUTORY PERFMtHMNCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
KNOW ALL TEN BY THESE PRESENTS, that
Kerr Construction Company
(Hereinafter called the Principal (s), as Principal (a), and
Massachusetts Bay Insurance 'Company
(hereinafter called the-Surety(s), as Surety(s) are held and firmly bound unto .
the City of Lubbock (hereinafter called the Obligee), in the amount of
----Thirty-four Thousand, Five Hundred Thirty-two and 65/100----------- Dollars
($ 34,532.65 ) lawful money of the United States for the payment whereof,
the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the.Principal has entered into a certain written contract with
the Obligee, dated the 18th day of March .19 76 to
Install water- sprinkler system and construct parking lot in Block 4,
Memorial Center Addition, Lubbock, Texas
and said principal under the law is required before commencing the work provided
for in said contract to execute a bond in the amount of said contract which
contract is hereby referred to and made a part hereof as fully and to the same
extent as if.copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS. OBLIG&TION IS SUCH, that if the
said Principal shall faithfully perform the work in accordance with the plans,
specifications and contract documents, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed,pursuant to the provisions
of Article 5160 of the Revised Civil S,tratutes of Texas as amended by Acts
of the 56th Legislature, rggular session 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said article
to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed
and sealed this instrument this 18th day of March Y___r______, 19 76
Massa-hip-tts Ray Inc Iran _e Company KFRR CONSTRUCTION. COMPANY
Surety Prin ipal
By: PRESIDENT-_
*By� _ (Title)
tthrney-in-Fact 'itle)
By
_ (Title) -- .
_ By:
(Title)
The undersigned surety company represents that it is duly qualified to
do business'.'in Texas, and hereby designates The Shropshire Agency
an agent resident in Lubbock County to whom any
requisite notices may be delivered and on whom service of process may be had,in
matters arising out of such suretyship.
Massachusetts Bay Insurance Company
Surety
Approved as to Form,
City of Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company there must be,on file a
certified extract from the by-laws showing that this person has authority to
sign such obligation. If signed by an Attorney in Fact, we must have.copy of .
power of attorney for our files.
Performance Bond - Page 2
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISIATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that
Kerr Construction Company
(hereinafter called the Principal (s), as Principal (s), and
Massachusetts Bay Insurance Company
(hereinafter called the Surety (s), as Surety (s), are held and firmly bound
unto the City of Lubbock (hereinafter called the Obligee), in the amount of
---Thirty-four Thousand, Five Hundred Thirty-two and 65/100----------Dollars
($ 34,532.65 ) lawful money of the United States for the payment
whereof, the said principal and Surety bind themselves, and their heirs,
administrators,,exccutors, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with
the Obligee, dated the 18th day of March , 19 76 , to
Install water sprinkler system and construct parking lot in Block 4;
Memorial Center Addition, Lubbock, Texas
and said principal under the law is required before commencing the work provided
for in said contract to execute a bond in the amount of said contract which
contract is hereby referred to and iaade a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
sub -contractor in the prosecution•of the work provided for in said contract,
then, this obligation shall be void; -otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this -bond is executed pursuant to the provisions
of Article 5160 of.the Revised Civil Statutes of Texas as amended by Acts of the
56th Legislature, Regular Session, 1959, and all liabilities on this bond shall
be determined in accordance with the provisions of said Article to the same
extent as if it were copied at length herein.
IN WITNESS WHEREOF, the
said Principal
(s) and Surety
(s) have signed
and sealed this instrument this
18th day of
March
19 76
KERR
cowTRUCT_TON COMPANY
urety tirmice
any
P incip 1
By:
r
PRESIDENT
*By_:
(Title)
Attorney-inFact itle)
=
-
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to
do business in Texas, and hereby designates The Shropshire Agency
an agent resident in Lubbock County to
whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship.
Massachusetts Bav Insurance Comoan
Surety
*By: ,.
ttorney-in-Fact (Title `
Approved as to form:
City of Lub ock
By:
City Attorney
*Note: If signed by an officer of the Surety.Company there must be on file a
certified extract from the by-laws showing that this person has a�lthority to sign
such obligation, If signed by an Attorney in Fact, we must have Fopy of power_ of
attorney for our files.
Payment Bond - Page 2
Form 641-0241
MASSACHUSETTS BAY` INSURANCE COMPANY
a member of The America Group BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That MASSACHUSETTS BAY INSURANCE COMPANY, a corporation
organized and existing under the laws of The Commonwealth of Massachusetts, does hereby constitute and appoint
— John V. Shropshire, John V. Shropshire, Jr. and/or Virginia Smith —
of Lubbock, Texas, and each is its true and lawful Attorney(s}in-fact
to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed, at any place within the United
States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof,
as follows:
Any such obligations in the United States, not to exceed One Million
and No/100 ($1,000,000.00) Dollars in any single instance. - - - - -
And said Company hereby ratifies and confirms all and whatsoever said Attorn ey(s)-in-fact may lawfully do in the
premises by virtue of these presents.
This appointment is made under and by authority of the following Resolution passed by the Board of Directors of
said Company at a meeting held at the principal office of said Company, a quorum being present and voting, on the Thirty-
first day of March, 1964, which resolution is still in effect:
"Resolved, that the President or any Vice President, in conjunction with any Secretary or Assistant Secretary,
be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name
and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances,
contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to
attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers
of the Company in their own proper persons."
IN WITNESS WHEREOF, MASSACHUSETTS BAY INSURANCE COMPANY has caused these presents to be
sealed with its corporate seal, duly attested by its Vice President and its Assistant Secretary, this 14th
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK Date_. March 18, 1976
Type of Proposal "B"
Lubbock, Texas Project:. W. 0. 3156
THIS IS TO CERTIFY THAT Kerr Construction Company, P. 0. Box 888, Lubbock, Texas 79408,
(Name and Address of Insured)
is, at the date of this certificate, insured by this Company with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the
provisions of the standard policies used by this Company, and further hereinafter des-
cribed. Exceptions to standard policy noted on reverse side hereof.
TYPE OF INSURANCE
Policy
No. Effective
Expires
Limits
of
Liability
Workmen's
Compensation
WC 3915 99
1-1-76
1-1-77
Statutory
Contractor's
Protec-
1 person
$
tive Contingent
1 accident
$
300,000.00
Liability
AGL 61 43 59
1-1-76
1-1-77
Property Damage
$
100,000.00
Builder's
Risk
Automobile
1 person
$
100,000.00
AGL 61 43 60
1-1-76
1-1-77
1 accident
$
3GO,000.00
Other
AGL 61 43 6o
1-1-76
1-1-77
Property Damage
$
50,000.00
The foregoing Policies (do) (docxpot) cover all sub -contractors.
Locations Covered: Texas
DESCRIPTION of Operations Covered Paving Contractor
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the insurer in less than the legal time
required after the insured has received written notice of such change or cancellation,
or in case there is no legal requirement, in less than five days after the insured has
received such written notice.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER
Massachusetts Bay Insurance Company
(Name of insurer)
BY
Title THE SHROPSHIRE AGENCY
NVO-6Tl
�t0.64j
NONCOLLUSION Arn DAVIT OF PRl1iC blDD rR
Stale of TEXAS -
County of LUBBOCK )
KEN HANICOCK, , being fiat dilly sworn, dchuses and says ihst:
(1) Ile is PRESIDENT OF KERR CONSTRUCTMJ -MEANY ,tlreBid-
der that ha., suhmitled Ilse attarliett•liid:
(2) He is fully infcnrned rryKcting the preparation and contents of the attached Bid and of all pertinent eir•
eunrstaucce.reapcctirr- such laid;
(3) Such hid is genuine and is not a collusive or sham Did;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties
in,inlerest. including this afGant, leas in anyway colluded, conspired, connived nr ab eed, directly or indirectly with any
othrr Bidder, firm or person to submit a collusive or sham laid in connection with the Contract for which the allaclicd
Hid has bren submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or
indirectly. sought by agrerinent or collusion or communication or conference with any other Bidder, firm or person to
Gx the price or priccs in the attached llid or of any other Bidder, or to'fix any overhead, profit or cost cleinenl of the
Did price or the Ilid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement any advantage against the (Local Public
Agency) or any pr on interested in Ilse proposed Contract; and
(S) Ilse price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agcr , rcprescntatives, awncrs,
ernpluyecs,orparties in interest, including this affiant. ,
fined)
PRESIDENT
Trtfe
Subscribed and sworn to lxfore r»e
this 16TH day of • MARCH , 19 76
a .
NOTARY.. PUBL I C
Titter
LUBBOCK-COUNTY; TEXAS
illy eomI1166ion expire; 6/ /77
NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of Texas
County of Lubbock
T. A. MC MILLIAN being first duly sworn, deposes and says that:
(1) He is PRESIDENT of MC MILLIAN TRUCKING CO., INC.
hereinafter referred to as the "Subcontractor",
(2) He is fully informed respecting the preparation and contents of
the subcontractor's Proposal submitted by the subcontractor to KERR
CONSTRUCTION COMPANY , the Contractor for certain work in connection with the
G.W.O. 3156 Contract pertaining to the Project in Lubbock,
Texas.
(3) Such subcontractor's Proposal is genuine and is not a collusive
or sham proposal;
(4) Neither the subcontractor nor any of its officers, partners, owners,
agents, representatives, employees or parties in interest, including this affiant,
has in any way colluded, conspired, connived, or agreed, directly or indirectly,
with any other Bidder, firm or person to submit a collusive or sham Proposal in
connection with such Contract or to refrain from submitting a Proposal in connect-
ion with such Contract, or has in any manner, directly or indirectly, sought by
unlawful agreement or connivance with any other Bidder, firm or person to fix the
price or prices in said subcontractor's Proposal, or to secure through collusion,
conspiracy, connivance or unlawful agreement any advantage against the City of
Lubbock or any person interested in the proposed Contract; and
(5) The price or prices quoted in the subcontractor's Proposal are
fair and proper and are not tainted by any collusion, conspiracy, connivance or
unlawful agreement on the part of the Bidder or any of its agents, representatives,
owners, employees, or parties in interest, including this affiant.
- . ��"=- lam!✓ice.
PRESIDENT
Subscribed and sworn to before me
this' day of 1974 .
a
t
TAle
My commission expires 7 7 19
Title
CERTIFICATION OF NONSEGREGATED FACILITIES
The Bi dder certi fies that he does not .mai ntai n or provi de for -
hi s 'employees any segregated facilities at any of his establishments,
and that he does not permit his employees to perform their services at
any location, under his control ,where segregated facilities are main-
tained. The bidder certifies further that he will not maintain or
provide for his employees any segregated facilities at any of his
establishments, and that he will not permit his employees to perform
their services at any location under his control where segregated
faci 1 i ties are maintained. The bidder agrees that a breach of this
certification will be a violation of the Equal Opportunity clause
in any contract resulting from acceptance of this bid. As used in
this certification, the term "segregated faci 1 i ties" means any waiting
rooms, work areas, restrooms and washrooms, restaurants and other
eating areas, timeclocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees
which are segregated by explicit directive or are in fact segregated
on the basis of race, color, religion, or national brigin, because
of habit, local custom or otherwise. The bidder agrees that (except
where he has obtained identical certification from proposed sub-
contractors for specific time periods) he will obtain identical
certifications from proposed subcontractors prior to the award of
subcontracts exceeding $10,000 which are not exempt from the pro-
visions of the Equal Opportunity clause, and that he wi l l retain such
certifications in his files.
Note: The penalty for making false statement in offers is prescribed
in 18 U.S.C. 1001.
L - Z_: •
Official Address (including ZIP code)
P. 0. BOX 888
LUBBOCK, TEXAS 79408
Firm Treasury No. 75 0956306
KERR CONSTRUCTION COMPANY
Contrac or
By
SS No. 467-32--4916
PRESIDENT
(Title)
3709 68TH STREET LUBBOCK, TEXAS 79413
(Home Address)
a
PROPOSAL "B"
G.W.O. 3156
Hon. Mayor & City Council
Lubbock, Texas
Dear Sirs:
Pursuant to the foregoing Instruction to Bidders, the undersigned
Bidder hereby proposes to do all the work and furnish all necessary superintendence,
labor, machinery, equipment, tools and materials and whatever else may be
necessary to complete all the work upon which he bids, as provided by the attached
specifications, and binds himself on acceptance of his proposal to execute a
contract and bond, according to the accompanying forms, for performing and
completing the said work within the time stated, and maintaining same as required
by the detailed specifications for the following prices, to -wit:
Item Total
No. No. of Units Item and Unit Prices Amount
1. 6,180 S.Y. Pavement, including removal of curb
& gutter, sidewalks, concrete footings, etc.
subgrade preparation, 6" of caliche base and
1 1/2" minimum thickness of T.H.D. Type "C"
asphaltic concrete surface with 7% asphalt,
including 0.25/S.Y. prime coat and tack coat
complete in place, per square yard.
Two Dollars ($ 2.50 )
Fifty Cents $ 15,450.00
2. 146 L.F. Reinforced concrete (3000 #/7 day
high early type) 30" wide separate
gutter including subgrade prepara-
tion, complete in place, per linear
foot.
Three Dollars ($ 3.00 )
No Cents $ 438.00
3. 790 L.F. Concrete curb and gutter or 30" wide
separate gutter, including subgrade
preparation, complete in place, per
linear foot
Two Dollars ($ 2.93 )
Ninnty-t-hrPP Cents $2.3 4.70
s
`Item '
o
Total
No. No. of Units
Item and Unit Prices
Amount
4. 300.L.F.
Retaining wall 6 inches by 1.5 feet
including subgrade preparation,
complete in place, per linear foot.
Two Dollars ($ 2.90
)
Ninety Cents
$ 870.00
5. 400 L.F.
Concrete curb and gutter or 30" wide
separate gutter, including removal of
existing curb and gutter and pavement
repair, complete in place, per linear
foot.
Four Dollars ($ 4.60
)
Sixty Cents
$ 1,840.00
6. 65 S.Y.
Reinforced concrete (3000 #/7 day
high early.type) valley gutter 6"
thickness, including subgrade pre-
paration, complete in place, per
square yard.
Ten. Dollars ($ 10.85
)
Eighty-five. Cents'
$ 705.25
7. 885 S.Y.
4" thickness, sidewalk including sub -
grade preparation, complete in place,
per square yard (Type:I Concrete)
Six Dollars ($ 6.55
)
Fifty-five Cents
$ 5,796.75
8. 60 Ea.
4' pre -cast concrete bumper blocks
complete in place, per each.
Nine Dollars ($ 9.50
)
Fifty Cents
$ 570.00
9. 120 S.Y.
Reinforced concrete (3000 #/7 day
high early type 5 inch thick drive-
way returns, including subgrade pre-
paration complete in place, per square
yard
Eleven Dollars ($ 11.25
Twenty-five Cents
$ 1,350.00
a .
Item
Total
No. No. of Units Item and Unit Prices Amount
10. Sprinkler system, installed complete,
in place $ 2,307.95
11. 340 S.Y. Exposed aggregate, 4" thickness, side-
walk including subgrade preparation,
complete in place, per square yard
(TYPE IV Finish) (4,000PSI)
Eight Dollars ($8.50)
Fifty Cents $ 2,890.00
The undersigned Bidder hereby declares that he has visited the site of the
work and has carefully examined the Plans, Specifications and Contract Documents
pertaining_to the work covered by the above Bid,.and he further agrees to commence
work within ten (10) days after written notice to do so and to substantially
complete the work on which he has bid on or before June 30th, 1976.
The contractor will observe the following working conditions:
1. Applying prime coat only when the wind is blowing.less
than 25 M.P.H.
2. The contractor will furnish and maintain all lights, flares,
barricades, signs and other warning devices necessary to re-
gulate and protect vehicular and pedestrian traffic while the
streets are under construction, Ordinance No. 5746 (See Plans
for Barricading Details).
The contractor herewith agrees to the construction time limit, as described
in Section I.
Enclosed with this Proposal is a (Proposal Bond) (Cashier's Check)
(Certified Check) for 5% of Bid Dollars ($ ), not less than 5% of Bid,
which it is agreed shall be collected and retained by the City of Lubbock as liqui-
dated damages in the event the Proposal is accepted by the City of Lubbock within
twenty (20) days after the date advertised for the reception of bids and the under-
signed fails to execute the contract and the required bonds with the Owner, under
the conditions hereof, within ten (10) days after the date said proposal is accepted;
otherwise said bid security shall be returned to the undersigned upon demand.
In compliance with the provisions of Paragraph IB-11. SALES TAX ON CON-
STRUCTION MATERIALS, the following is submitted as the division of the amount of
the Proposal between Materials and Supplies and Services and Labor:
PROPOSAL "B" MATERIALS $11,888.50
Total Bid (Proposal "B") (Items 1 thru 11) $ 34,532.65
KERR CONSTRUCTION COMPANY
_ ntr for
By
-Jseal it-bi'dder is a
yCorporaCion)
P.O. Box 888, Lubbock, Texas 79408