HomeMy WebLinkAboutResolution - 022378B - Provide For Improvements-City Engineer-59Th St & 60Th St, Vicksburg To Utica Ave - 02_23_1978RESOLUTION
A RESOLUTION PROVIDING FOR IMPROVEMENTS OF PORTIONS OF STREETS, HIGHWAYS,
AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND ALONG THE BOUNDARY OF
SAID CITY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF LUBBOCK, TEXAS THAT:
I.
Public necessity exists that the following portions of streets, highways,
avenues and/or alleys in the City of Lubbock and along the boundaries thereof,
be improved as herein provided, to -wit:
STREETS
NAME
FROM
TO
59th
Street (36')
Vicksburg Avenue
Utica Avenue
60th
Street (36')
Vicksburg Avenue
Utica Avenue
II.
Said portions of streets, highways and avenues shall be improved by raising,
grading and filling same, by installing concrete curb and gutters, by installing
storm sewers and drains where necessary, by installing a compacted caliche base,
and by surfacing with four (4)course penetration type or 1 1/2" hot mix type
asphaltic surface treatment. Alleys shall be improved by installing a ten (10)
foot wide, 5" thick reinforced concrete strip in the center thereof.
The City Engineer is hereby directed to prepare plans and specifications for
such improvements.
IV.
Such improvements in each unit shall be paid for in the following manner:
(a) Railways and street railways using, occupying or crossing any portion of said
streets, highways, avenues and/or alleys to be improved shall be assessed for and
shall pay for all of the cost of the work in the area between their rails and
tracks, double tracks, turnouts and switches and two feet on each side thereof.
STREET IMPROVEMENTS
(b) The abutting property and owners thereof shall pay and shall be assessed for
all the cost of constructing curbs in front of such respective property and a part
of the remaining cost of such improvements, after deducting the sums to be paid by
the railways under sub -paragraph (a) above, provided, that such part of the cost
assessed to the abutting property or owners thereof will not exceed 90% of the
cost of the improvements plus the cost of the curb, and further provided that if
it shall appear at the hearing, to be had before final assessment is made, that
the special benefits to such property by way of enhancement value thereof by means
of such improvements will not aggregate such proportion of the cost as specified
above, then there shall be assessed and be paid by such abutting property and the
owners thereof, a lesser amount not to exceed the benefits.
ALLEY IMPROVEMENTS
(c) The abutting property and owners thereof shall pay and shall be assessed for
a part of the remaining cost of such improvements, after deducting the sums to be
paid by the railways under sub -paragraph (a) above, in the following manner: All
property which has single family or two (2) family residential usage on both sides
of the alley to be improved shall be assessed for fifty (50) percent of the cost
of such improvements. Vacant property zoned for two (2) family residential purposes
shall be assessed for fifty (50) percent of the cost of such improvements. Property
which has commercial or semi -commercial usage, and property used or vacant and
zoned for three (3) or more family residential usage, shall be assessed for ninety
(90%) of the cost of such improvements. Where there is commercial or semi --com-
mercial usage or zoning on one side of an alley, the single family residential
usage and zoning on the other side, property used as a single family residence
will not be assessed. Said abutting property and owners thereof shall pay and be
assessed for the cost of constructing alley paving improvements as specified above,
provided, that if it shall appear at the hearing to be had before -final assess-
ment is made, that the special benefits to such property by way of enhancement
value thereof by means of such improvements will not aggregate such proportion of
the cost as specified above, then there shall be assessed and be paid by such abutt-
ing property and the owners thereof, a lesser amount not to exceed the benefits.
(d) The remaining cost of said improvements after deducting the sums finally
assessed against railways and street railways under sub -paragraph (a) hereby, and
against abutting property and the owners thereof under sub -paragraph (b) and (c)
above, shall be paid by the City of Lubbock.
V.
The amounts assessed against and to be paid by railways and street railways
for work between rails and tracks and 2 feet on each side thereof shall be paid on
estimates or statements on or before twenty days after acceptance of the improve-
ments in the unit in which the railway lies, by the City Council and shall bear
interest from date due and until paid at the rate of 6% per annum. The amounts
assessed against and to be paid by the abutting property and the owners thereof
shall be payable in five (5) equal installations. The first of which shall become
due on or before 20 days after completion and acceptance of the improvements in
the unit on which the property abutts by the City Council; the second, third, fourth
and fifth installments shall become.due one, two, three, and 'four years respectively
after completion and acceptance of the improvements in the unit upon which the
property abutts, by the City Council and shall bear interest from the date of com-
pletion and acceptance until paid, at the rate of six percent per annum on street
improvements and seven percent per annum on alley improvements, payable annually,
with provisions that if default be made in the payment of any installment promptly
as the same matures: Then at the option of the holder of such assessment or
certificate issued in evidence thereof, such default shall mature the entire assess-
ment upon which same is made.
VI.
Assessments shall be made and levied, and shall be a first and prior lien
and 'personal liability for principal, interest, reasonable attorney's fees and
costs of collection, if incurred, all under and in accordance with the Charter and
amendments thereto, now in force in this City, and in accordance with the provisions
of Article 1105B Revised Civil Statues of Texas as amended by Chapter 281 Acts of
the 52nd Legislature, and most recent amended by Chapter 176 Acts of the 60th
Legislature.
VII.
This resolution shall take effect and be in force from and after its passage.
PASSED AND APPROVED THIS 23RD DAY OF FEBRUARY, 1978.
1/j .
Roy Bass, Mayor
ATTEST:
Trevs..hillips, City Secretary
APPROVED:
on, City Engineer
AS TO FORM:
„//�La L /
.• •
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREMENT, made and entered into the 23rd day of February A.D.,
1978, 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 O1,1NER, and
Kerr Construction Company __._._•_
Box 888, Lubbock; Texas 79408
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 agree-
ments 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 Pard (CONTRACTOR), hereby agrees with the
said Party of the First Part (OWNER) to commence and complete the construction of
certain improvements described as follows:
Compress Avenue from E. 19th to 900 feet North of E. 19th.
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
expense to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, 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 Agreement, 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 Specifications therefore, as prepared by the CITY ENGINTEER, .
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 Construction 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 thirty days after
the clearance of all Utilities in the Right of Way, and to substantially complete
same by June 1, 1978.
The OWNER agrees to pay the CO:. -TRACTOR in current funds for the per-
formance of the contract in accordance with the proposal submitted therefore,
subject to addition and deductions, as provided in the specifications, aiul to
addition thereof as provided therein.
The undersigned bidder hereby declares that he has visited the site
of the work and has carefully examined the contract documents pertaining
to the work covered by the above bid, and the further agrees to commence
work within (10) days, weather permitting, and to complete all work by
August 31, 1978.
1-1/2" surfacing with T.H.D. Type "C" A.C. will be permitted after
October 15, 1977 and before March 14, 1978, provided the Contractor
furnish the City with a one (1) year maintenance bond in the amount of
the surfacing.
The Contractor will observe the following working conditiions:
1. Applying asphalt only when the wind is
blowing less than 25 M.P.H.
2. The Contractor shall provide barricades to
traffic on such streets as indicated by
the engineer and during such time as re-
quired that it be closed to traffic.
The Contractor herewith agrees to the construction time limit, and
the dead line on asphalt surfacing as described above.
Enclosed with thi-s proposal is a cashier's or certified check for
Dollars ($ ) or a Proposal Bond in the sum of
five percent Dollars ($5%) which it is agreed shall be collected and re-
tained by the City as liquidated damages in the event this proposal is
accepted by the City within twenty (20) days after the date advertised
for the reception of bids and the undersigned fails to execute the con-
tract and the required bond with the City, under the condition thereof,
within ten (10) days after the date said proposal is accepted; otherwise,
said check or bond shall be returned to the undersigned upon demand.
(Seal if ,Bidder is a Corporation)
Kerr Construction Company
Contractor
Ad'dress
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in quadruplicate in the year and day first above written
City of Lubbock
Party of the First Part (OWNER)
BY11
are
Roy Bass (MAYOR)
ATTEST:
j! roved as to form!
Fred 0. Senter, Jr., City Rtto
Treva Phillips, City ecretary
(SEAL) Kerr Construction Company
Contractor, Corporation, Partnership
Party of the Second Part
1
Complete Address:
Box 888
Affix Corporate Lubbock Texas 79408
Seal, if any
tir,OUS
�Ie/taJ,ufc� �� �Cve/l , certify that I am the
e.,Sy.C.e of the corporation named as Contractor
that Ad ,d )6?;I �/e-o C , who signed this
+'on behalf of the Contractors was then
of said corporation; that said Agreement was
ed for and in behalf of said corporation by authority of its
"body, and is within the scope of its corporate powers.
�o.M.,
rayw�t-✓�� SAL
,77
T., . A fk
I
y4n - STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF TIM 56TH LEGISIATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that Kerr Construction Company,
p, O. Box 888, Lubbock, Texas 79408
(hereinafter called the Principal (s), as Principal (s), and
St. Paul Fire and Marine 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
--Forty-six Thousand, Nine Hundred Seven and 31/100------------------ Dollars
(S 46,907.31 ) lawful money of the United States for the payment
Whereof, the said pr pcipal.and Surety bind themselves, and their heirs,
administrators,.exocutors, 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 23rd day of February , 19 78 , to -
for F. R. S. 4068 Compress Avenue from E. 19th to 900' N of E 19th
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 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
L_.
ye$islature, Regular Session, 1959, and all liabilities on this bond shall
etermined in accordance with the provisions of said Article to the same
,r_ as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety.(s) have signed
sealed this instrument this 23rd day of February , p 78
`Paul Fire and Marine Insurance Company
Surety
0
By:
8y:
!�;f `Ctorney- i n-Fact itle)
By:
By:
ti.
Kerr Construction Company
rinci al
(Title)
(Title)
(Title)
The undersigned surety company represents that it is duly qualified to
=';do business in Texas, and hereby designates The Shropshire Agency. Inc.
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.
St. Paul Fire and Marine Insurance Company
Surety
*By:
Attorney-in-Fac (Title)
Approved as to form:
City of ubbock
By:Ear
City Attorney.
*Note: If signed by an officer of the Surety Company thQ a must be on file a
certified extract from the by-laws showing that this persAn has authority 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
XE )
STATUTORY PERFORMANCE BOND PURSJJ TO ARTICLE 5160
OF TEE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
e. ;
ACTS OF THE 56TH LEGISLATURE REGUTA2 SESSION, 1959
KNOW ALL NEN BY THESE PRESENTS, that Kerr Construction Company,
F P. 0. Box 888, Lubbock, Texas 79408
($ereinafter called the Principal (s), as Principal (s), and
St. Paul Fire and Marine 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
--Forty-six Thousand, Nine Hundred Seven and 31/100--------------------
Dollars
( 46,907.31 ) 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 23rd day of February .19 78 to
for F. R. S. 4068 Compress Avenue from E 19th to 900' N of E 19th
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
'11'-` is hereby referred to and 'made a part hereof as fully and to the same
extent as if.copicd at length herein.
NOW THEREFORE, THE OBLIGATION IS SUCH that if the
CONDITION OF THIS. IGA ,
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
Utticle 5160 of the Revised Civil S,tatutes of Texas as amended by Acts
he 56th Legislature, regular session 1959, and all liabilities on this
shall be determined in accordance with the provisions of said article
l,e same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed
I sealed this instrument this___3r_day of__Ftb_ruary
paul re and Marine Insurance
Surety
kgy
Atorney-in-Fact itle)
Company Kerr Construction Company
Pri ipal —
By:
(Title)
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, Inc.
_ 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.
Pam Fire and Marine Insurance Company
Surety
Of
*By:
Attorney -in -Fact '(Title)
777 .,Approved as to Form.
City o:
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 tiles.
Surety
ST. PAUL FIR ARINE INSURANCE COMPANY (A Capital Stock Company)
ST AUL, MINNESOTA
CERT COPY OF POWER OF ATTORNEY
Original on File at Home Office of Company. See Certification.
ALL MEN BY THESE PRESENTS: That the St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the
t,te of Minnesota, and having its principal office in the City of Saint Paul, Minnesota, does hereby constitute and appoint
V. Shropshire, John V. Shropshire, Jr., Virginia Smith, individually,
Lubbock, Texas
L lawful attorneys(s)-in-fact to execute, seal and deliver for and on its behalf'as surety, any and all bonds and undertakings, recognizances.
f Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule,
contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said St. Paul Fire
Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly
cets at its principal office.
power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,—Section 6(C), of the
dopted by the Board of Directors of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd
uary, 1970, of which the following is a true transcript of said Section 6(Q.
6e President or any Vice President, Assistant Vice President, Secretary or Resident Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint Special Attorneys -in -fact, who are hereby authorized to certify to copies of any power of -attorney issues in pursuance of this
section and/or any of the By -Laws of the Company, and
(�) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him."
ether, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a
duly called and held on the 6th day of May, 1959, of which the following is a true excerpt:
ow therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
e Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company
ture with respect to any bond or undertaking to which it is attached."
IN TESTIMONY WHEREOF, the St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this
STATE OF MINNESOTA
s s.
County of Ramsey (
4th day of January A. D. 19 78
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Vice President.
'On this 4th day of January 19 78 , before me came the individual who executed the preceding instrument,
Ate Personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the St. Paul Fire and Marine
lutance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were
4a�d by order of the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,
at the City of Saint Paul, Minnesota, the day and year first above written.
V.C. INNES
Notary Public, Ramsey County, Minn.
My Commission Expires April 27, 1983
CERTIFICATION
1, the undersigned officer of the St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the
�a'et of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney,* with the ORIGINALS
ONVot FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that
bid Power of Attorney has not been revoked and is now in full force and effect.
IN fFSTiMONY WHEREOF, I have hereunto set my hand this 23rd day of February 19 78
secretary .
as to character and amount.
;_S OF AGENCY
Shropshire Agency, Inc.
Box 10428
yock, Texas 79408
c763-7311
DDRESS OF INSURED
r Construction Company
p, Box 888
hock, Texas 79408
COMPANIES AFFORDING COVERAGES
COMPAN
LETTER Y A St. Paul Insurance Companies
COMPI
LEETTERNY /B� United States Fire Insurance Company
COMPANY ( _
LETTER V
COMPANY D
LETTER
COMPANY E
LETTER
Certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
Limits of Liabil ty in Thousands
0 0)
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
BODILY INJURY
f 300
f 300
® COMPREHENSIVE FORM
.'� PREMISES -OPERATIONS
PROPERTY DAMAGE
f 100
f 100
®EXPLOSION AND COLLAPSE
592TDo846
1-1-79
HAZARD
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
CONTRACTUAL INSURANCE
PROPERTY DAMAGE
f
f
BROAD FORM PROPERTY
COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY
f
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
f 250
®
(EACH PERSON)
500
COMPREHENSIVE FORM
' ®
BODILY INJURY
(EACH OCCURRENCE)
f .
OWNED
HIRED
592TDo846
1-1-79
PROPERTY DAMAGE
f 10
BODILY INJURY AND
PROPERTY DAMAGE
f
NON -OWNED
COMBINED
EXCESS LIABILITY
'_.
❑ UMBRELLA
BODILY INJURY AND
FORM
® OTHER THAN UMBRELLA
520 1 72 655 3
6-1 1 -79
PROPERTY DAMAGE
f 5,000
f
FORM
COMBINED
WORKERS' COMPENSATION
STATUTORY
�[ } and 792TA8774
1-1-79
EMPLOYERS' LIABILITY
I f 1 00 (EACH ACCIDENT'
OTHER
ION OF OPERATIONS/LOCAT;ONS/VEHICLES Paving Contractor -
i
Texas
Gncellation:
issuing
Should any of the above des ed policies be cancelled
Y�
before the expiration date thereof, the com-
pany will endeavor to mail days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability
of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
March 2, 1978
DATE ISSUED:
City of Lubbock
Lubbock, Texas
;THE �VY,
SHINC.
62230, ff /
3