HomeMy WebLinkAboutResolution - 413 - Contract - Panhandle Co - 24_ Bypass Line, SE Water Reclamation Plant - 02_14_1980)• 11 JWF:bs
RESOLUTION #413 - 2/14/80
9.4'A
BID 5693 - 2/14/8o
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and he is hereby authorized and directed to execute for
and on behalf of the City of Lubbock a Contract to be entered into by and
between Panhandle Construction Company of Lubbock, Texas, and said City for
the construction for said City of a 24" bypass line at the Southeast Water
Reclamation Plant in the City of Lubbock, Lubbock County, Texas. Said Panhandle
Construction Company was the lowest and best bidder on said contract.
PASSED by the Council this 14th day of February, 1980.
I I ff 1,A6A1)AWWW--
DRKiWEST-., MA OR
ti•2�TTEST�_. v `� • _
-,Evelyn Gaffga,, City- Sec Yetalryl`reasurer
APPROVED AS TO" -CONTENT:
Engineering
'Department, City of Lubbock
APPROVED AS TO FORM:
/'I• _
J. rth Fullingim, Asst. Cit Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into the 14th day of February
A.D. 1980, by and between the City of Lubbock, of the County of Lubbock
and State of Texas, acting through Dirk West, Mayor, thereunto duly autho-
rized so to do, Party of the First Part, hereinafter termed Owner, and
Panhandle Construction Co.. P. 0. Box 1500
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
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
j construction of 'certain improvements described as follows:
REPLACEMENT OF 24" STEEL PIPE
SOUTHEAST WATER RECLAMATION PLANT
G.W.O. 10987
and all extra work connected 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 neclessary.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 prints or written explanatory matter thereof, and the Specifications therefore,
as prepared by the WATER UTILITIES 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 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 given to him,
and substantially complete same within the time hereinafter specified.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the proposal submitted
therefore, subject to addition and deductions, as provided in the
specifications, and to addition thereof as provided therein.
i
IN WITNESS WHEREOF, the parties to these presents have
executed this agreement in quadruplicate in the year and day first
above written.
L'Oty of Lubbock, fGAds"
Partv of the it t Part (OWNER)
BY
IftITE Vest (MAYOR)
ATTEST:
Evelyn Gaf ga, City gery
(SEAL) PANE MLE.CONSTRUCTION COMPANY
Contractor, Corporation, Partnership
Par of the Second Part.
By
ATTEST:
- A�
Secreta y
R
TITLE PRESIDENT
Complete Address:
Panhandle Construction Co.
P. 0. Box 1500
Lubbock, Texas 79408
9
STATUTORY PAYMENT 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 MEN BY THESE PRESENTS, that
(hereinafter called the Principal (s), as Principal (s), and
(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 eight th�gusand, eight hundred and ten and nn/1O0----------Dollars
($ 48.810.00 ) lawful money of the United States for the payment
whereof, the said p#ncipal.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 theIk day of _c^�c„gR,11 AR , 19- 0_1 to_,�+
Replacement of 24" Steel Pine
Southeast Water Reclamation Plant
G. W. 0. 10987
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 dupplying 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
Is
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 1 5_day of FFgR11ARY , 19_g,0_
Safeco Insurance Comtianv of America,
Surety
By:
*By:
Howard Cowan (Title)
Attorney -in -fa *
By:
Panhand Construction
P incipal
Aav d H. Hampton I (Title) President
(Title)
(Title)
The undersigned surety company represents that it is duly qualified to
do business in Texas, and hereby designates Jim Finlpy & Assnnintps
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.
Safeco Tnsurnn a Company of Amprina
Surety
*By:
Howard Cowan (Title)Attorney-in-face
Approved as to form:
City of Lubbock
By :0tom- til.
"W, 6A ity Attorney
*Note: If signed by an officer of the Surety Company there must
certified extract from the by-laws showing that this person has
such obligation. If signed by an Attorney in Fact, we must have
attorney for our files.
Payment Bond - Page 2
be on file a
authority to sign
copy of power of
STATUTORY PErRFM MANCE BCETD PURSUM TO ARTICLE 5160
OF THE REMISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGU1AK SESSION. 1959
r
KNOW ALL MEN BY THESE PRESEETS, that
PANHANDLE CONSTRUCTION COMPANY
(Hereinafter called the Principal (s), as Principal (a), and
SAFECO INSURANCE COMPANY OF AMERICA
(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-EIGHT THOUSAND, EIGHT HUNDRED AND TEN AND N01100--------- Dollars
($ 48,810.00 ) lawful money of the United States for the payment whereof,
04 the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
S
WHEREAS, the.Principal has entered into a certain written contract with
the Obligee, dated the 14 day of FEBRUARY 19 80 , to
REPLACEMENT OF 24" STEEL PIPE
SOUTHEAST WATER RECLAMATION PLANT .
G. W. 0. 10987
and said principal under the law is required before commencing the work provided
for in said contract to execute h bond in the amount of said contract which
contract is hereby referred to and uaade 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 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
r
•
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 this1.5__day of _EEj3RUARy , 19
SAFECO INSURANCE COMPANY OF AMERICA
Su ety
By:
*By
ward Cowan (Title)
Attorney -in -fact By:
By:
PANHAND CONSTRUCTION COMPANY
Principal
Da id H. Hampton (Title) President
(Title)
(Title)
The undersigned surety company represents that it is duly qualified to
do business in Texas, and hereby designates JIM FINLEY & ASSOCIATES
__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,
r
B
SAFECO INSURANCE COMPANY OF AMERICA _
Surety
*By:
Howard Cowan (Title) Attorney -in -fact
Approved as to Form.
City of ub�b1o�ck r
By '^_- XU&4U_
ity 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
POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
SAFECO
No.
KNOW ALL BY THESE PRESENTS:
4852
That SAFECO Insurance Company of America, a Washington corporation, does hereby appoint
---H. T. WILKINS; GERTRUDE (ROCKER; HOWARD COWAN; FLOYD V. WILSON, Lubbock, Texas ----
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF, SAFECO Insurance Company'of America has executed and attested these presents
June 79
this 4th gay of 19
f
CERTIFICATE
' Extract from the By -Laws of SAFECO Insurance Company of America:
r
r
"Article VI, Section 12.—FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business .... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO Insurance Company of America adopted July 28, 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 12 of the By Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof."
I, W.D. Hammersla, Secretary of SAFECO Insurance Company of America, do hereby certify that the foregoing extracts of
the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant
thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and
effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 15 ay of FEBRUARY 19 80
PRINTED IN U.SA.
762-6411
P. O. Box 2000
LUBBOCK, TEXAS 79457
Certificate of Completion
Honorable Mayor and City Council
City of Lubbock, Texas
Gentlemen:
On,� June 17, 1980 the contract, Replacement of 24" Steel Pipe,
Water Reclamation Plant, G.W.O. 10987, constructed by Panhandle
Construction Co., under contract dated February 14, 1980, was
inspected and found said improvements to have been completed in
accordance with the plans and specifications.
Therefore, I recommend that you accept said improvements and
authorize final payment to the contractor.
Irj
cirr
'CRY
Very truly yours,
Wil d D. Watson
Chief Ater Utilities Engineer
762-6411
P. O. Box 2000
Certificate of Acceptance
Gentlemen:
LUBBOCK. TEXAS 79457
In accordance with paragraph 49, Section II, of the Specifications
for Replacement of 24" Steel Pipe, S.E. Water Reclamation Plant,
G.W.O. 10987, you are hereby notified of the acceptance of this
project by the City Council of the City of Lubbock on June 26th,
1980. Final payment was authorized at the same meeting and will
be forthcoming.
Yours very truly,
Vatson
Utilities Engineer