HomeMy WebLinkAboutResolution - 1244 - Agreement-Henson Plastering Inc-Speical Coatings, Garage & Sanitation Facilities - 10_21_1982DGV:js
RESOLUTION
RESOLUTION 1244 - 10/21/82
WHEREAS, the City Council of the City of Lubbock has considered bids for
the construction of "Special Coatings --Garage & Sanitation Facilities" and
after due consideration of said bids has determined that the best bid is that
of Henson Plastering, Inc., of Lubbock; and
WHEREAS, the City Council of the City of Lubbock finds that it would be
in the public interest to enter into a contract for such construction; NOW
THEREFORE:
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 an agreement be-
tween the City of Lubbock and Henson Plastering, Inc., for the construction of
"Special Coatings --Garage &Sanitation Facilities" in the amount of $38,831.00.
Passed by the City Council this 21st day of October 1982.
i ,
lk
BILI7 McALISTER, MAYOR
ATTEST:
Olelyn Gaf Jrga, dity Secre y Treasurer
APPROVED AS ONTENT:
Bil ,Payne, Director of Administrative Services
APPROVED AS TO FORM:
G. Vandiver, Asst. City Attorney
- r•
RESOLUTION 1244 - 10/21/82
CONTRACT
,STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this __Z1day of Q,t0joj ,
-A.D. 1982, by and between the City of Lubbock, County of Lubbock, State of
Texas, :acting 'by and through _ Mr. Bill. M _Al GrP,- Mayor, thereunto
,authorized to do so, hereinafter referred to as OWNER, and
of
the City of
Lubbock
County of _ Lubbock
and
State of
Texas
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
'conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain improvements described as follows:
Project: City Garage & Sanitation Facilities, Lubbock, Texas
The contractor shall perform all of the work under Bid Packages No.
at the above referenced project in accordance with contract documents for
construction prepared by Norman Igo -Schauer Assoc. Inc., Architects and
Engineers
and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said
construction in accordance with the contract documents as defined in the General
Condition .of Agreement..
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 to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for. the perfor-
mance of the contract in accordance with the proposal submitted therefor,
subject to additions and deductions, as provided in the contract documents and
to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this -
agreement in Lubbock in the year and day first above written.
CITY OF LUBBOCK, TEXAS (OWNER)
BY: Mr. Bill McAlister
MAYOR
ATTEST:
Secretary
CONT 7mmnsdn
BY:
TITLE. President
COMPLETE ADDRESS:
Henson Plastering, Inc.
4411 16th Street
r
"x PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.T.S. 5160)
THE STATE OF Texan
COUNTY OF Lubbock
KNOW ALL MEN BY THESE PRESENT: That we (1) Henaon Pto-6teAjAg, Inc.
(2) A C ouohctt.ion of the State o g .Texa n
hereinafter- called Principal and (3) Am Airnn S=PA Ines annP ro-
of VaU" State of Texas hereinafter
called the Surety, are held and firmly bound unto (4) Citg ob Lubbock,
Countu o4 Lubbock. State of _.Tex" hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of Therm qJqht thomAand Pla t hun hPd ;'h!Nty-awe and 80/1001b
($ 38.831,90 ) dollars in lawful money of the United States, to be
paid in (5) Itibbark CaututU, Atatp a4 ToyaA , for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, execu-
tors, administrators 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) C.0 oA Lubbock '
The Owner, dated the 12th day of Qctobet A.D. 19 8_9a copy
of which is hereto attached and made a part hereof for the/ construction of:
"Spec t a2 Coat-i.nga" - Gawe and Sanitation Pae,i,Q,i,#.i,ea,_ City o6 Lubbock
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 materials 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. -'
r
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie 111hhntk County,. State of Texas, and that the said
surety, for value received hereby stipulates and agrees that no change, exten-
sion of time, 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 hereby 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 in six counterparts, each
one of which shall be deemed an original, this the 12th day of ort0hpn_ ,
A.D. 19 g2
ATTEST:
(Principal) Secretary
(S
GG
fitness as to rinci 1
(Address)
ATTEST:
(Address
Principal
By
JC= Hetuon
4411-16th. Lubbock, Texa.a 29416
(Address)
4212-50th, Lubbock,.Texad 79413
(Address)
NOTE: If Contractor is Partnership,
all partner should execute
bond.
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
(2) A Corporation, a Partnership or an
Individual, as case may be
(3) Correct Name of Surety
(4) Correct Name of Owner
(5) County and State
(6) Owner
GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing
under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
-- - -- - ----- MALCCLME. GARRETT, JR.--- - - - - -- - - - -
of Lubbock _ _ and State of Texas _ y�
its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute,
acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings,
__ZrAi l not__ex��d_FTFTY TH01SAND AMID 144 ($50,000,W) DQLARS - - - - - =--- -
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -
Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by
Section 7.07 of'the By -Laws of the American States Insurance Company; which reads as follows:
"The Chairman of the Board, the President or any Vice -President shall have power, by and with the concurrence
with the Secretary or any Assistant Secretary of the Corporation, to appoint Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact as the business of the Corporation may require or to authorize any one of
such persons to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings,
whether by way of surety or otherwise"
IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice -President,
attested by its Assistant Secretary and its corporate seal to be hereto affixed this 13th day of —July_
A. D. 19_ _71.
AMERIC AT NSURANCE MPANY
(SEAL)
By. — - -
ATTEST: _ L Sacond vice- resident
Assistant Secretary
.,STATE OF INDIANA )
COUNTY OF MARIONf SS:
On this __3,th_ day of "ly , A. D., 19_-71_, before me personally came
Wi is== MT E- Vans _, to me known, who
being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is Vice -President of
American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name
thereto by like order. And said William M. Evans _ further said that he is acquainted with Agnes P. Brawn
and knows him to be the Assistant Secretary of said Corporation2:=Z:�
strument.
_ --- Fril ?0 1974 ----- -
My Commission Expires Notary Public
STATE OF INDIANA 1 SS:
COUNTY OF MARION }
I, _Stanley-T,.Riegel_ _____�� _ , the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN
STATES INSURANCE COMPANY, which is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of
Directors of American States Insurance Company at a meeting duly called and held on the 15th day of December 1972.
"RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant
Secretary ort any certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant
to Section 7.07 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the company
surety bonds, underwriting undertakings or other instruments described in said Section 7.07, with like effect as if such seal and
such signature had been manually affixed and made, hereby is authorized and approved."
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this ___.___
day of _ OaoabeA , A. D., 19---
(SEAL)
-._Form 9-1459 (12-72)
Assistant Secellry
I T
tk
PERFORMANCE BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.T.S. 5160)
THE STATE OF 1:2xa6
COUNTY OF luhhne,b
KNOW ALL MEN BY THESE PRESENT: that we (1)
hereinafter called Principal and (3) Amp& ran StnteA Laflt(anae Co
of Da t" State of Texan hereinafter
called the Surety, are held and firmly bound into (4) 5±�ra n�L��bboch,
County oA Lubbock, State of Texas hereinafter
called Owner, in the penal sum of thiaty-eight thou.5and aaht hundhed thiAtU-ane
and 80/1001a ($ 38,831.80 ) Dollars in
lawful money of the United States, to be paid in (5) LubbQck Counts', Stxtt'e of .Texab
for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators 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 o6 Lubbock
the Owner, dated the 12th day of 0c ohoA , A.D. 19 82 , a
copy of which is hereto attached and made a part hereof for the construction
of:
"Speeiat Coati.nga" - Gauge and Sanitation FacLUtiu, City o6 Lubbock
(herein called the "work).
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
(2) A Corporation, a Partnership or an Individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
(5) County and State
(6) Owner
{,
(Texas Performance Bond) - 2
NOW THEREFORE, if the Principal shall well, truly and faithfully perform
the work in accordance with the plans, specifications and contract documents
during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall
-satisfy all claims and demands incurred under such contract, and shall fully
idemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie Lubbock. County, State of Texas, and that
change, extension of time, 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
hereby 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.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one of which shalt be deemed an original, this the 12 day of Octobe& A.D.
19 82
",--ATTEST:
(Principal)S6cretary
witness as to inc"pa -
X�
(Address)
ATTEST:
(S,q#&ty) Secretary
(S = ,
Wit ss as ;604-- ur y
(Address)
Principal_
BY-tiyt� UvL%
Surety
r:.
BY
At orney-in-fact
4212 - 50,th, Cubbos,k, Texan 79413
(Address)
NOTE: If Contractor is Partnership, all partners should execute bond.
GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing
under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted
and appointed, and does by these presents make, constitute and appoint_-
- - - -_ _-_ - - - - - - - - - MALCOLM E. GARRETT, JR • - - - - - - - - - - - - - --
of Lubbock and State of Texas w— _
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 any and all bonds, recognrzances, contracts of indemnity and other conditional or obligatory undertakings,
_.__sha nn._ encePPd F-=Ty TNOT AND AND M/100 (,$50.000.00) DOLLARS - - - - — --- -
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
common seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -
Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by
Section 7.07 of the By -Laws of the American States Insurance Company", which reads as follows:
"The Chairman of the Board, the President or any Vice -President shall have power, by and with the concurrence
with the Secretary or any Assistant Secretary of the Corporation, to appoint Resident Vice -Presidents, Resident
Assistant Secretaries and Attorneys -in -Fact as the business of the Corporation may require or to authorize any one of
such persons to execute, on behalf of the Corporation, any bonds, recognrzances, stipulations and undertakings,
whether by way of surety or otherwise"
IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Vice -President,
attested by its Assistant Secretary and its corporate seal to be hereto affixed this _11th day of _sTiily__
A. D. 19_ _71. c
AMER C T INSURANC MPANY
(SEAL) � C
BY �J - ATTEST: -
Second Vic - resident
.t
Assistant Secretary
�- STATE OF INbIANA I
COUNTY OF MARIONf SS:
On this ___j__ day of
A. D., 19-fir., before me personally came
-- -- - - -- --- - .------ - - S4ill.j6Xj__ , Ems , to me known, who
being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is Vice -President of
American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is
such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name
thereto by like order. And said William M. Evans _ further said that he is acquainted with Agnes P. Brown
and knows him to be the Assistant Secretary of said Corporation; and that he executed the ove instrument.
My Commission Expires Notary Public
STATE OF INDIANA SS:
COUNTY OF MARION }
I, - Stanley- h.-Rieg£1 _.— the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY,
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN
STATES INSURANCE COMPANY, which is still in full force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of
Directors of American States Insurance Company at a meeting duly called and held on the 15th day of December 1972.
"RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant
Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant
to Section 7.07 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the company
surety bonds, underwriting undertakings or other instruments described in said Section 7.07, with like effect as if such seal and
such signature had been manually affixed and made, hereby is authorized and approved."
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this _�2th
day of _. _OCtQkA , A. D., 19 82
(SEA,L)
FoFm 94459 (12.72)
Assistant Se