HomeMy WebLinkAboutResolution - 224 - Contract-Arrtco Tennis Systems-Surfacing Tennis, Volleyball, & Basketball Courts - 07_26_1979- RESO #224 - 7/26/79
�r RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract between
the City of Lubbock and Arrtco Tennis Systems, a single proprietorship for
surfacing of tennis courts, volleyball courts and basketball courts for the
sum of $46,363.50 as per specifications in City of Lubbock Bid No. 5409,
attached herewith which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this
Resolution as if fully copied herein in detail.
Passed by the City Council this 26th day of July ,1979.
0 rA d SO-
00C,Mj,
�AM I - �.e�.
ATTEST:
6-f-ynGafa,
g
ity S c y-Treasurer
APPROVED A TO CONTENT:
Lawre ce Banks, Adm. Asst., Community Facilities
APPROVED AS TO FORM:
Leon G. Bean, Assistant City Attorney
TIED TO RESO #224 - 7/26/79
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into the 26th day of July A.D.,
1979, by and between the City of Lubbock, of the County of Lubbock and State of
Texas, acting through . :hereunto duly authorized so to do, Party
of the First Part, hereinafter termed OWNER, and
Arrtco Tennis Systems, a single proprietorshi
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 here-
with, 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 described as follows:
Surfacing of tennis courts, volleyball courts and basketball courts for the
sum of $46,363.50.as per specifications in City of Lubbock Bid No. 5409.
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 Condi-
tions 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 EN-
GINEER, 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 ten days after
the date written notice to do so shall have been giveh`to him, and to substan-
tially complete same within the time hereinafter specified.
The MMER agrees to pay the CONTRACTOR in current funds for the per-
formance of the contract in accordance with the proposal submitted therefore,
subject to additions and deductions, as provided in the specifications, and to
make payments on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in quadruplicate in the year and day first above written.
ATTEST:
Cit -tary
(SEAL)
ATTEST:
Scretary
Affix' Corporate
Seal; if any
Approved as to form:
Leon Bean, Assistant City Attorney
CITY OF LUBBOCK, TEXAS
Party of the First Part (OWNER)
BY
Dirk West, M-1y R)
Contractor, Corporation, Partnership
Party of the Second Part
TITLE ,
Complete Adress:
Vas to onte t:
on, Director of Community Facilities
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Marilyn Pierce a Notary Public in and for Lubbock County, Texas o
personally appeared J. C. Rickman• Business Manager of the Southwestern s 4
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sund s
being by me duly sworn did depose and say that said newspaper has been published continuously fo
than. fifty-two weeks prior to the first insertion of this Legal Notice • 326 Words 0 4
nor word - SIAQ.96 No. 574781 at Lubbock County, Texas and the attached
ed copy of the Notice is a true copy of the original and was printed in the Lu
Avalanche -Journal on the following dates: .lu 1 y 1 & $ r 1979.
(1City of Lubbock P.O. No. N-2217)
uaine;sa Manager
LUBBOCK AVALANCHE -JOURNAL
Southwestern, Newspapers Corporation
Subscribed and sworn to before me this 20thday of 'July , 19T9--
MARILYN PIERCE
MY COMMISSION EXPIRES FEB. 1, 19W
Notary Publ-U in and for Lubbock Coanty. TX
ly
a-
D
b—
PERFOILMANCE DaiD BOND NO. L05-0152
(To ue used in Texas under V.A.T.S. 5160)
THE STATE OF TEXAS
COUNTY OF DALLAS
K14OJ ALL MEN BY THESE PRESENTS: That we (1)ARRTCO TENNIS SYSTEMS, INC.
6 (2) CORPORATION of • TEXAS
hereinafter. called Principal and (3) BALBOA INSURANCE COMPANY
of NEWPORT BEACH State of CALIFORNIA hereinafter called the
Surety, are held and firmly bound into (4) CITY OF LUBBOCK, TEXAS
of LUBBOCK, TEXAS , hereinafter calleu
Owner, in the penal sun of --FOURTY-SIX _THOUSAND THREE HUNDRED SIXTY_
THREE AND 50/100------- ------------ 46,363.50
($ } Dollars in lawful
money of the United States, to be paid in (5) LUBBOCK, TEXAS
for the payment of which sum well and truly to be made, we bin- ourselves, our
heirs. w ezutors, aCminiatra►ors and successors, jointly and ueverally, Eirmlg
by these presents.
THE CONDITION OF THIS OaLICATION is such that Whereas, the Principal
entered into a certain contract with (6) CITY OF LUBBOCK# TEXAS
the Owner, dated the day of . A.D. 19 . a c.ory of
which is hereto attached and made a part Cereof for the construction oft
resurfacing tennis, volleyball and basketball courts
(herein called the 'tiwork")
•--•------------•------------- -------------•---•-------••---------------------
These footnotes refer to the numbers in body of contract above:
Date of Bond must not be prior to date of Contract
(1) Correat name of Contractor
(2) A Corporation, a Parma *rahip or an Individual, as case may be
(3) Correct neme of Surety
(4) Correct name of Owner
(5) County and State
(6) Owner
(Texas pesformence bond) - 2
1= TUSP.MRE, if tte Prii.cipal shall well, truly and faithfully perform
the t= k in accordance with the plena. a?eeificetiona and contra:: docaatats
during the original ter:- thereof, and ony ertcmcions thereof which =y be
grented by the Omer. with or wW--=t rotict to ta.; Surety, and if he Fhall
satisfy all claims and de.^maads incurrad uadrr such contract, and shell fully
indemnify and save harmless the Cumcs fro= cll costa and demagen which it ray
suffer t, reason of failure to do t*, and shall reimburse and repay the oursr
all outlay and erpcnse which the o•u=-r may incur in rn.king good any default,
then this obligatioa shall be void; otbaruies to remain in full force and effect.
PROVIDED FURTHER, that if vn7 lcZAI tttion be filed upon this bond, venue
shall lie DALLAS County, State of Texas, and
that the said surety, for valua r =—u4v_.i hereby stipulates and agrees that no
change, c=tcnsien of tire, slteratioi or oddition to tho terms of the contract
or to the work to be parform.:d th2r w"adtrr cr the srecifieatione: accocPanying
the c =o shall in ray wise effect its obligation on this bcmd, and it :oes
hereby waive notice of any such charjo. excsaeion of time. alteratica ;r
addition to the terms of the coatract or to the t=rk or to the specifications.
in WIYNSSS FJ10R.EW, this instruamt is c®cutsd in six counterparts. each
os3n of which shall be deemed an ortl, t Ls the 6th day of August A.D.
19.
ATTESTi
,�riacipal •-
(Principal) Secretary
(SEAL)
WitnLoa as to Principe
(Address)
Witness as to Surety
A dress)
BALBOA INSURANCE COMPANY -
Surety
IDY
3t =
Attorney in•Fp
S. L. FLANNIGAN
5025 N. CENTRAL EXPY.
DALLAS, TEXAS
(Address)
S-AEE
' areas)
tz 1 If Contractor is Partnership, all,p=tnsrs should ouocute bond.
PAYI-IE14T BOND
hereinafter called Principal and (3)
NEWPORT BEACH
of
(To be used in Texas under V.A.T.S. 5160)
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL I•EN BY THESE PRESENT: That we (1) ARRTCO TENNIS SYSTEMS, INC.
(2) CORPORATION of TEXAS
BALBOA INSURANCE COMPANY
State of
CALIFORNIA
, hereinafter
called the Surety, are held and firmly bound unto (4)
CITY OF LUBBOCK
, of TEXAS , hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred to
in the penal sum of --FOURTY-SIX THOUSAND THREE HUNDRED SIXTY-THREE,
AND50/100 -------------------------------------------------------
($ 46,363.50 ) dollars in lawful money of the United States, to be
paid in (5) LUBBOCK, TEXAS , for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, admini-
strators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain contract with (6) CITY OF LUBBOCK, TEXAS
The Owner, dated the day of , A.D. 19_, acopy of which is
hereto attached and made a part hereof for the construction of:
RESURFACING TENNIS, VOLLEYBALL AND BASKETBALL COURTS
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in Article
5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344,
Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and as
further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sect. 1,
effective June 2, 1969, supplying labor and materials in the prosecution of
the work provided for in said contract, then this obligation shall be null and
void, otherwise it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all claimants
supplying labor and material in the prosecution of the work provided for in said
contract, and all such claimants shall have a direct right of action under the
bond as provided in Article 5160, Revised Civil Statutes 1925, as amended by
House Bill 344, Acts 56th Legislature, Regular Session, 1959, and as further
amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sect. 1, effective
June 2, 1969.
PROVIDED FLIRT D ,,ths t if any legal action be filed upon this bond,
venue shall lie County, State of Texas, and that the
said surety, for value received hereby stipulates and agrees that no change,
extension of titre, alteration or addition to the terms of the contract or to
the work to be performed thereunder or the specifications accompanying the
same shall in any wise affect its obligation on this bond, and it does here—
by waive notice of any such change, extension of time, alteration or addition
to the terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed iq six counterparts each
one of which shall be deemed an original, this the 6Rh day of August
A.D. 19 79
ATTEST: z�
Principal
(Principal) Secretary B
(SEAL)
Witness as to Principal (Address)
(Address)
ATTEST: BALBOA INSURANCE COMPANY
Surety
Surety Secretary BY C'� �1 _
^S. L.
NNIGAN A TY-IN-FACT
(S 'n 5025N. CENTRAL.-EXPY
f,CVALLAb, (Address) TEXAS
Witnes as to Surety NOTE: If Contractor is Partnership,
all partners should execute
bond.
(Address)
These footnotes refer to the numbers in body of contract above:
Date of Bond must not be prior to date of contract
(1) Correct name of Contractor (4) Correct Name of Owner
(2) A Corporation, a Partnership or an (5) County and State
Individual, as case may be (6) Owner
(3) Correct Name of Surety
BALBOA INSURANCE COMPANY
• 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CAL.IFORN I A 92660 RS 1 I'j /Y
G PA iGt 3+ V r�
GENERAL POWER OF ATTORNEY NUMBER VALID ONLY IF IN RED
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the
laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make,
constitute and appoint
S. L. FLANNIGAN
Of U a I I a S and State of I e X a S its true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
CONTRACT BONDS S.B.A. Guarantee Agreement MAXIMUM PENALTY $249,999.99
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31 1979"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa
Insurance Company at a meeting held on the 22nd day of March, 1962.
",Oe It Resolved, that the President, any, Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
"Section]. Attorney -in -Fact. Attorney -in -Fact maybe given full power and authority for and in the name of and on behalf of the
Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other
conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability
theteunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by
the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, Balboa
and its corporate seal to be 4
caused these presents to be signed by its E x e C u t i V e V i C e P r e s i dent
day of August A.D.,19_7R.
Incorporated ` BALBOA INSU NCE CO PA
Feb. 6, 1948
;* * By
State of California
County of Orange ss" �AIIFORNXp
On this 1 1 t h day of A.D., 19 7 R before me personally came .1 a Cle M . T r a (LD
to me known, who, being by me duly sworn, did depose and say, that he resides in M i S S i o n V i e j o. C a l i f o r n i a
that he i_,Executive ViCe Pre S i d e n tf BALBOA INSURANCE COMPANY, the company described in and which executed
the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Company; and that he signed his named thereto by like order.
mnmmm,mncrmlrmlmmmmmmmmmmmmmmnamm
OFFICIAL SEAL
ELAINE STEVENS Notary Public
`m NOTARY PUBLIC CALIFORNI
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires July 16, 1979
1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force
and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation,
may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation."
GIVEN under bykn6gdl-the seal of said Company7tj Newport Beach, California, this 6 t h
, 19_.
Of
929E672
Secretary