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HomeMy WebLinkAboutResolution - 1320 - Contract - Pharr & Pharr - Control Center & OAC, Signal System Project - 02_10_1983SMH:da RESOLUTION 1320 - 2/10/83 Bid 7162 61TY SECRFrgRy..TREASURER 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 be- tween the City of Lubbock and Pharr & Pharr Enterprises to construct the con- trol center and operational adjustment center for Lubbock Signal System Project in the amount of $204,900.00, 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 ATTEST: this loth day of Februar 1983. r B Z cALISTE , MAYOR elyn Gafria, ty e r reasurer APPROVED AS TO CONTENT: ;��' )/ Ag:�'tr� Larry Ho an, TralM & Transportation Director APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney vt RESOLUTION 1320 - 2/10/83 Bid 7162 r THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A707 Standard Form of Agreement—Between Owner and. Contractor where the basis of payment is a STIPULATED SUM 1977 - EDITION— THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT, TO ITS COMPLETION OR MODIFICATION Use only with the 7976 Edition of AIA Document A207, General Conditions -of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the loth Hundred and EIGHTY-THREE BETWEEN the Owner: and the Contractor: The Project: The Architect: day of FEBRUARY CITY OF LUBBOCK LUBBOCK COUNTY, TEXAS PHARR & PHARR ENTERPRISES 907 N. AVE. Q DRIVE LUBBOCK, TEXAS in the year of Nineteen LUBBOCK SIGNAL SYSTEM CONTROL CENTER AND OPERATIONAL ADJUSTMENT CENTER BGR ARCHITECTS -ENGINEERS 2118 34TH STREET LUBBOCK, TEXAS 79411 The Owner and the Contractor agree as set forth below. Copyright 191s, 191a, 1925, 1937. 1951, 1958, 1%1, 1%3, 1967, 1974, m 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Stales and will be subject to legal prosecution. AIA DOCUMENT A101 • 0%%'NIR-00N7RAC7OR AGREIMENT • ELEVENTH EDITION • TUNE 1977 • AIA" TITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. 1VASHING70N, D. C. 2DD00 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documen[sJ the general. construction including.sitework, mechanical and electrical for the Lubbock Signal System Control Center and Operational Adjustment Center including addenda numbered 1, 2 and 3. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within ten 0 0) days upon written notice to proceed and, subject to authorized adjustments, Substantial Completion shall be achieved not later than as shown on the attached schedule of events (attachment #1) (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Supplementary General Conditions, Article 15, time for completion and liquidated damages for each phase as shown in the schedule of events above is hereby specifically incorporated and the contract period shall be no longer than as stipulated herein. The sum for liquidated damages for this agreement as shown in Article 15 is one hundred dollars ($100.00) per day. a, AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 1977 - AIA` ®1977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D. C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of TWO HUNDRED AND FOUR THOUSAND NINE HUNDRED DOLLARS ($204,900.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicablej Base Bid: Unit Prices: Excavation. Concrete Concrete Sidewalks Concrete Slabs $204,900.00 $40.00 per hour $54.00 per cubic yard $ 2.00 per square foot $ 3.00.per square foot ARTICLE S PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than twenty days following the end of the period covered by the Application for Payment ni nety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and n i nety - percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. ell not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a ceitain sage of completion] Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project (Here insert any rate of interest agreed upon] Usury laws and requ;rrmrnb under the federal Truth in lending Act, similar sate and local consumer credit laws and other regulations at the Owner's and Conuanor's principal places of business, the location of the Project and elsewhrre may affect the validity of skis provision. Specific legal advice should be obtained with respect to drletion, modification, or other srqurrrmrnb such as wtitlen disclosures or waivers.) AIA DOCUMENT A101 • OWNER -CONTRACTOR ACREEa1ENT • ELEVENTH E131710N • )UNE 1977 • AIA* 01977 • THE AMIRICAN INSTITUTE Of ARCHITECTS, 1735 %Ely YORK AVE., N.M. WASHINC70N, D. C. 2DDD6 A101-1977 3 t- .I .. .. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (list below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cues and dates where applicableJ This agreement dated February.10, 1:983 and Attachment No. Bid proposal submitted by contractor dated January 27, 1983 General Conditions of the Contract for Construction, AIA document A201, 1976 Edition and Supplementary Conditions Specifications: Divisions 1 through 10, 15 and 16 Addendas numbered: 1 dated December 28, 1982 2 dated December 28, 1982 3 dated January 26, 1983 Drawings: Sheets P-1, S-1, A-1 through A-6, M-1 through M-3 and E-1 through E-4, 15 sheets ment-entered into as of the day and year first written -above. This Agree OWNS TY OF C CONTRACTOR ,MAYOR PHARR & PHARR ENTERPRISES 907 N. AVE. Q DRIVE SECRETARY LUBJaOCK, TEXAS JIMMY/,IK PHARR, PARTNER AIA DOCUMENT A101 - OWNER-CONTRAC7OR AGREEMENT - ELEVENTH ED1710N - )UNE 1977 - AIAS �. "'0" - T"° 4L�s�trANIN%717IJTE Of ARCHITECTS 1735 NEW YORK AVE_ N.W. WASHINGTON, D. C. 20DD6 A101-1977 4 LUBBOCK SIGNAL SYSTEM CONTROL CENTER AND OPERATIONS ADJUSTMENT CENTER CITY OF LUBBOCK, TEXAS BGR ARCHITECTS -ENGINEERS 2118 34TH STREET LUBBOCK, TEXAS ATTACHMENT #1 FOR AGREEMENT BETWEEN OWNER AND CONTRACTOR SCHEDULE OF EVENTS: April 1, 1983: The area to be remodeled into the Control Center on the first floor of the City Wall is made available to the building contractor. Jul 29, 1983: Building contractor makes Control Center ready for computer and field contractors, and gets Operational Adjustment Center (OAC) equipment closet ready for field contractor. Sufficiently complete renovations at the Control Center for installation,;of equipment. August 1, 1983: ilnstallation of equipment in control room begins. September 30, 1983: Building contractor shall complete all Control Center work at the City Hall. December 30, 1983: Building contractor makes Operational Adjustment Center (OAC) ready for field and computer contractors. The Operational Adjustment Center • shall be sufficiently completed so that the installation of the equipment may begin by December 30, 1983. February 28, 1984: Building contractor completes all work on Operational Adjustment Center (OAC). LUBBOCK SIGNAL SYSTEM CONTROL CENTER AND OPERATIONAL ADJUSTMENT CENTER CITY OF LUBBOCK LUBBOCK, TEXAS BID DATE: January 27, 1983 2:30 pm ADDENDUM NO. 1: BGR ARCHITECTS -ENGINEERS LUBBOCK, TEXAS DECEMBER 28, 1982 All Bidders are asked to note the following changes, additions, omissions, and/or corrections to the original bidding documents. Instructions issued in this Addendum are to be a part of the contract and the Bidders are asked to adjust their proposal accordingly. SPECIFICATIONS: Item No. 1: In the specifications, Section 01010, Special Conditions: Change paragraph 1.07, D, Schedule of Events, to read: April 1,1983: The area to be remodeled into the Control Center on 'the first floor of the City Hall is made available to the building contractor. Item No. 2: In the specifications, Section 08360: Delete reference to electricoperators and controls. Door will be chain operated. DRAWINGS Item No. 3: On the drawings, Sheet A-2: Raise door No.­6 approximately 18" above existing concrete floor. Access floor system will be extended under this door by seperate contract. 0 11 LUBBOCK SIGNAL SYSTEM CONTROL CENTER AND OPERATIONAL ADJUSTMENT CENTER CITY OF LUBBOCK LUBBOCK, TEXAS BID DATE: January 27, 1983 2:30 pm ADDENDUM NO. 2: BGR ARCHITECTS -ENGINEERS LUBBOCK, TEXAS DECEMBER 28, 1982 All Bidders are asked to note the following changes, additions, omissions, and/or corrections to the original bidding documents. Instructions issued in this Addendum are to be a part of the contract and the Bidders are asked to adjust their proposal accordingly. SPECIFICATIONS: Add the following: SECTION 01020 - ALLOWANCES 1.01 GENERAL: Contractor shall include in this Contract Amount the Allowances specified. Items covered by the allowances shall be supplied for such amounts and by such persons as the Owner may direct. Expenditures from Allowances shall be only upon written authorization of the Architect, approved by the Owner. Any unexpended balances shall revert to the Owner in the final settlement of the Contract. A. Testing: Contractor shall include in his proposal an allowance of $1,500.00 for testing of building materials as required by the Architect. All initial testing will be paid out of this allowance. When test results are not as specified, subsequent tests will be performed at the Contractor's expense. Testing for plumbing, air conditioning, etc., will not be paid out of this allowance, but by the Contractor concerned, and as specified in Division 15 of this specification. When testing is specified to be paid by the Owner without costs to the Contractor, cost of such test will be paid out of this allowance. The Architect will select the testing laboratory. SECTION 16771 - INTERCOMMUNICATION SYSTEM Delete paragraph 5.(A)(4) Add paragraphs: 5.(A)(8) The Contractor shall furnish one remote intercom unit to the Field Contractor for installation in the environmental adjustment cabinet. This unit shall consist of two parts, a weatherproof horn - type transducer and a control box designed for surface mounting. The control box and its contents shall operate properly in temperatures as high as 200 degrees Fahrenheit. The Contractor shall provide the Field Contractor with all necessary installation and wiring instructions and drawings. 5.(A)(9) The remote unit which the Contractor shall furnish and install for installation outside adjacent to the garage door shall be similar to that provided for the environmental adjustment cabinet except that the control box will not be subjected to other than normal ambient temperatures. DRAWINGS: Sheet E-4 The owner will provide and install underground conduit in lieu of existing overhead for communication cable interconnect and run the conduit up and into the attic space where shown on the drawings. The contractor shall connect at this point. 2 LUBBOCK-SIGNAL-SYSTEM-CONTROL-CENTER-- AND OPERATIONAL ADJUSTMENT CENTER CITY OF LUBBOCK LUBBOCK, TEXAS BI-DDATE: January--27,- 1983 2:30 pm ADDENDUM NO. 3: -BGR-ARCH 1TECTS�ENGINEERS__ LUBBOCK, TEXAS JANUARY 26, 1983 All Bidders are asked to note the following changes, additions, omissions, and/or corrections to the original bidding documents. Instructions issued in this Addendum are to be a part of the contract and the Bidders are asked to adjust their proposal accordingly. DRAWINGS Item No. 1• Electrical Sheet E-1: Recessed light fixtures in Control Center at City Hall shall be type 2FP for concealed spline ceiling in lieu of 2GP as scheduled. 1 PROPOSAL Date January 27, 1983 To the Honorable Mayor and City Council City of Lubbock, Texas Lubbock, Texas Gentlemen: The undersigned has carefully examined the specifications, drawings, and related documents entitled: Lubbock Signal System Control Center & Operational Adjustment Center City of Lubbock Lubbock, Texas all as prepared by BGR Architects -Engineers, 2118-34th Street, Lubbock, Texas 79411, as well as the premises and all other conditions affecting the work. The undersigned proposes to furnish all materials and labor called for by them for the General Construction including, Plumbing, Ventilating, Heating, Air Conditioning and Electrical Work, in accordance with said documents of which this -proposal is a part for the following sum: BASE BID: Two hundred four thousand nine hundred doll arg & . 00/1 001 S ($ 2o4, goo. oo ) If awarded the contract, the undersigned agrees to complete same within 180 consecutive calendar days. The undersigned acknowledges receipt of 3 addenda to the Plans and Specifications. If he be notified of the acceptance of this proposal within sixty (60) days of the time set for the opening of bids, he agrees to execute a contract for the above work, for the above stated compensation in the form of the Standard Agreement of the American Institute cf Arch ite:.46.-s. The undersigned -agrees, -if awarded the -contract, to execute and -deliver -to the Owner at the time of the signing of the contract, a performance and payment bond of approved form through an approved bonding company, duly authorized to do business in the state of Texas, which is acceptable surety within their underwriting limitations on bonds in favor of City of Lubbock, Lubbock, Texas. The undersigned agrees that the following unit prices will apply on any additions to or deductions from the work, which prices shall include overhead profit, taxes, and all other related costs: (1) Unit price, per cubic yard, which will be used as a basis for adjustment of the contract price for: (a) Excavation ----------------------------------- R 40.00 p� r our(b) Concrete ------------------------------------- 54.00 per yard- ) PROPOSAL (continued): (2) Unit price, per square foot, which will be used as a basis for adjustment of the contract price for: (a) Concrete Sidewalks --------------------------- ($ 2.00 per S Q FT _) (b) Concrete Slabs ------------------------------- ($ 3.00 per SO FT ) The undersigned further agrees that the cashier's check or proposal bond in the amount of five percent (5%) of his proposal, payable to City bf Lubbock, Lubbock, Texas, accompanying this proposal, is left in escrow with the Architect, that this amount is the measure of liquidated damages the Owner will sustain by the failure of the undersigned to execute and deliver the above named agreement or in furnishing the bond within five (5) days of written notification of the award of the contract to him then the cashier's check or proposal bond shall become.the property of the Owner, but if this proposal is not accepted within thirty (30) days of the time set for the submission of bids, or if the undersigned executes and delivers said contract and bond, the check shall be returned to him on receipt thereof. Respectfully submitted, PHARR & PHARR ENTERPRISES CONTRACTOR Firm Name D YYY (i • �' - immy Pf. Pharr A dress N Avenue 0 Drive City Lubbock State Texas Telephone 806-744-2330 Corporate Secretary and Seal LUBBOCK SINGAL SYSTEM CONTROL*CENTER AND OPERATIONAL ADJUSTMENT CENTER CITY Of LUBBOCK LUBBOCK, TEXAS BID DATE: January 27, 1983 2:30 PM BID TABULATION BGR ARCHITECTS -ENGINEERS LUBBOCK, TEXAS BIDDER BASE BID• TIME BOND / ALL TEXAS BUILDERS, INC. 2 4-� wa 2 +0 ✓ JERRY GAILEY CONSTRUCTION, INC. J 2 GS. ("� ✓ JACK GIVENS, CONTRACTOR i L E G CONT UNQX, LEY & R ED LAMPE CONSTRUCTION CO. 14 3 0 j 80 ✓ LEE L C - LUBBOCK DEVELOPMENT MONTEREY CONSTRUCTION Z Z ✓ ,�� PHARR & PHARR ENTERPRISES WARDROUP & ASSOCIATES 2 3 (o /2 5) l a�► S� �� 9 3 3 UNITED STATES FIDE KNOW ALL MEN BY THESE PRESENTS: L 1_ t `ter -My an BID BOND 1, BONDNUMBER....................................................................................».. Pharr & Pharr Enterprises THAT.............................................................. »....... ................................... »...................................... .......... ..... ....... »........... ».... ... ........................... ........................................................ ........ ».................. ............................... of ................ubbock,....Tex............................................................».. ..................................................................................... .......................................................... as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto......................................................................................». City of Lubbock, Tx. .....................................................................».............................................».........................................................................................................................» as Obligee, in the full and just sum of................5 ...»° ..»amount..»of..»bia attached........................................................... ...... ......................................................................................................................................................................................... ........................... ........... . Dollars, lawful money of the United States, for the payment of .which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Signal System Control Center & Operation Adjustment Center, Lubbock, Tx. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform 1he-work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ..... 1/21183 ( Date)........................ Pharr„.� Pharr,,,pnterprises...........................(SEAL) ............. .. ...................... ..... ........................... (SEAU ') U ED STATES FIDELITY AND GUARANTY COMPANY L tom.../ . ............ .. .......... ».................... Attorney -In -fact Contract 11 (Revised) (1-74) a" ,I. CERTIFIED COPY GENERAL POWER OF ATTORNEY No...... 918 4 1........... Snow all Men by these Presents: ' That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Curtis.Coxon of the City of Lubbock , State of `Texas , its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and conforms all and whatsoever the said Curtis Coxon may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this iastrQmeat to be'.; sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 12th day ei June .A.D.19$1 UNITED STATES FIDELITY AND GUARANTY COMPAn. (Signed) Robert E. DeNi$e,. ._ Br.. ....'.. i'ice,F'nesidast. ( SEAL) (Signed) Robert G....Bruce....... .,.:... ifstisrm+t Secretary.• STATE OF MARYLAND. ss: BALTIMORE CITY, On this 12 t h day of June , A. D. 19 81 before me p"rsonally came Robert E. DeNike Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G. Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said that they, the said Robert E . DO Ni k e and Robert G. Bruce were respectively the Vice -President and the Assistant Secretary of the paid UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing POwar of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the fast day in July, A. D. 19.82.. (SEAL) (Signed) . Margaret M. Hurst :.... .Notdry Public. STATE OF MARYLAND SCL BALTIMORE CITY. I, Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M . Hurst , Esquire, before whom the annexed a&davits'were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to adminitftvr oalhs and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwritln[ of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore r , the Mwo being a Court of Record, thin 12 t h day of June , A. D. 19 61 (SEAL) (Signed) Charles W. Mackey, Jr. .. .... ............................ . • Clerk of the Superior Court of Utimors City. FS 3 (6.77) ... COPY OF RESOLUTION That Whereas,. -, • r it is necessaryfor the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for itigd,in`its name in' 'States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. There/ore, be it Resolaod;,that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction %i*''hV4 Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or artorneys.in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con• tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in ail actions or proceedings, or by law allowed, and Also, in its name and as its attorney. or attomeys-in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of -the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United Statef or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered. accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same 1, Theodore G . Parks , an Assistant Secretary of, the UNITED STATES FTDEL rrY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of"the original power of attorney given by said Company to Curtis CoxoD of Lubbock, Texas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolwion, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the we of the UNITED STATES FIDELITY AND GUARANTY COMPANY on the 27th of January, 1983. - (Date) 4 ....................... .................... - •Assistant Secretary. �aeurr4*3 UNITED STATES FIDELI UARANTY COMPANY (A Stock Company) TEXAS STATUTORY PAYMENT BOND (Penalty of thte bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: That Pharr & Pharr Enterprises Lubbock, Texas (hereinafter tailed the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock. Texas -(hereinafter called the Obligee), in the penal sum of Two Hundred and Four Thousand Nine Hundred and no/100 Dollars ($ 204,900.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our 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 ' 31st day of January 19 83 a copy of which is hereto attached and trade a part hereof, for Signal System Control Center and Operations Adjustment Center Lubbock, Texas NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION IS SUCH,'thot if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in sold 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, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis- lature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the some extent as if It were copied at length herein. IN WITNESS WHEREOF, the said Principal and 'Surety have signed and sealed this instrument this D. Pharr & Pharr -Enterprises (Seal] (Seat) UNrD STATSS FIDELITY AND GUARANTY COMPANY 4 By Curtis COXOn Attarne �e al) UNITED STATES FIDE . STATE OF TEXAS LITY �i,9► (A Stock Company) TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100°% of Contract amount) COUNTY OF BOND NUMBER ............................ KNOW ALL MEN BY THESE PRESENTS: That..... Pharr Pharr. Enterprises ... . ...................... . ............... . .. . ... . . Lubbock, Texas .. .................................ti........................... . (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM- PANY, a corporation organized under the laws of the tate of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Surety), as Surety, are Meld and firmly bound unto City* of Lubbock, Texas (hereinafter called the Obligee), in the penal sum of..... ?'1' O . Hundred. and, dour, ,T�ousand........ ....... Hine .Hundred..and .no/100..Dollars ............................................................................. ($, . 204,900.00, , , , . , ) for the payment of which sum well and truly to be made, we bind ourselves, our 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 3141F, , , . , , .day of... January , , , , , , ...19.. 83, a copy of which is hereto attached and made a part hereof, for Signal Systen Control Center and Operations Adjustment Center Lubbock, Texas 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 of Article 5160, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions thereof -to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this of.. aAm*xy, .........19. $3.. ... ............. �. Pharr. j&&Phar �Ent �er�prises ,(Seal) �'�':'.^."G(• ......... (Seal) UNITG D STATE.V FIDELITY AND GUARANTY COMPANY By.... ...(Seal) Cu Oxon Attorney -in -fact I- : .5f. Y!i!ft.. �. it:Sl - .'Fi:. siU'. r�}}t:5llu�. �lifSilLl. �'1}.t:ii�.°T� _ _ +F._ ,.4.;hit:J.+fL`:t5'S�u.cii:...5 - .IY.. ��.: f �il::•:.5 �. � Fi:'•i5.i\1P Y,(i:..•.i'`' —1 Contract 218 (Texas) (949) "='• CERTIFIED COPY GENERAL POWER OF ATTORNEY No...... U k 1....................... Snow all Alen by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Curtis Coxon of the Cityof Lubbock , State of Texas , its true and lawful attorney in and for the State of Texas for the following, purposes, to wit: To sign its name as surety to. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things act forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND, GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and conforms all and whatsoever the said Curtis Coxon may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 12th day of June .A.D.1981 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) Br Robert E. DeHii;e ...........................................vice -President. d) (signe- .........R.obert G.......... ,. ,Bruce..................... 1 f E . Assistant Secretary. STATE OF MARYLAND, ? BALTIMORE CITY. on'dds 12th day of June , A. D. 19 83. before me personally came Robert E. D e 8 i k e Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G . Bruce . Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said that they, the said R o b e r t E . D e 8 i k e and Robert G. Bruce were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney. that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that It was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and. Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19.82.. Margaret M. Hurst (SEAL) . (Signed) .................................................. Notmy Public. STATE OF hfARYLAND BALTIMORE CITY. set L Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that . Margaret M . Burst . Ern, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State 4llf"and, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowlcdgmenf,ior proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and veri tclieve the signature to he his genuine signature. In 1'estimonr Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, , the same being a Court of Record, c$is 12th day of June . A. D. 19 81 (SEAL) �(Signed) Charles W.. Mackey,. Jr.............. ...... Clerk of the Superior Court of Baltimore City. n 3 cbm .o••p COPY OF RESOLUTION -That Whereas, it Is necessary for the effectual transaction of business that this Company appoint -agents and attorneys with power 'and authoqty \ to act for it and in Its name In States other than Maryland, and in the Territories of the United States and in the Provinces of the Domudon of Canada and in the Colony of Newfoundland. Therefore, be It Resolved, that this Company do, and it hereby does, ' authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact. or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed. and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of -the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any boarcL body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoeym in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions Which may be provided for In any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, . Theodore G,*Parka an Assistant, Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Curtis Coxon of Lubbock, Texas authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in fall force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Diuectors of said Company, duly called and held at the office of the Company in the City of Biltimore, an the Ilth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Tesdntonr Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY comPANY on the 31st of Jarmary, 1983. (Date) 11A 4 .......................• Assistant Secretary. NAME AND ADDRESS OF AGENCY SIBLER—INCE AGENCY COMPANIES AFFORDING COVERAGES COMPANY A tiId O. Box 6708 ' -'Lubbacg, Teas 79413 L ETTER M STATES FIDELITY & GUARANTY COMPANY B ' LETTER . NAME AND ADDRESS OF -, AINNSURED -... & PHARR ENTERPRISES COMPA LETTERNY C '- 907 N. Ave. Q Drivel • Lubbock, Texas 7940I LETTERNY D COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousan 5 EACH OCCURRENCE AGGREGATE LETTER TYPEOFINSURANCE POLICY NUMBER EXPIRATION DATE GENERAL LIABILITY BODILY INJURY $ SOO, $ 500, ® COMPREHENSIVE FORM - ® PREMISES -OPERATIONS PROPERTY DAMAGE $ 300, $ 300, EXPLOSION AND COLLAPSE A HAZARD ❑ UNDERGROUND HAZARD /CO® n10 1CCO17133292 4-2O-S3 SMPLETED HAZARD BODILY INJURY AND ❑ CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ®INDEPENDENT CONTRACTORS PERSONAL INJURY $ ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ 300, COMPREHENSIVE FORM - BODILY INJURY $ nnAA �W, A OWNED ICCOI7133292 4-20 83 (EACH ACCIDENT) PROPERTY DAMAGE $ it HIRED BODILY INJURY AND PROPERTY DAMAGE $ NON -OWNED COMBINED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND $ $ PROPERTY DAMAGE ❑ OTHERTHAN UMBRELLA FORM COMBINED WORKERS' COMPENSATION STATUTORY A and 1851576827 4-20-83 1 EMPLOYERS' LIABILITY $ 100000.(EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES State of Texas General Contractor Jobt Stgnal System Control Center & erational ad ust>axent center 'Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, hit ill,rP to NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF LUBBOCK E SSUEO: P. Q. Boa 2000 Lubbock., Texas 79408 A. Attn: Floyd Nesbitt A .LED R TAT E flIB m-niC Larry D. Eibler ;RACORD 25 (1-79) • • CCOM. .. . NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Cason i& Coapan6 Box 6665 COMPANY %� A Insuranc LETTER In e l:ep i,ubbock, Texas 794I3 _ COMPANY LETTER B Firemans Fund Insurance Comany NAME AND ADDRESS OF INSURED Pharr It C Pharr fiterpriees LETTER 907. Ave. ZQ Dr +i�ve Lubbock,bTexas f940I COMPA D ETTERNY COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits of Liabilityin Thousan s COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY = j ❑ COMPREHENSIVE FORM ❑ PREMISES -OPERATIONS PROPERTY DAMAGE $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS PERSONAL INJURY ± ❑ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ ❑ (EACH PERSON) $ COMPREHENSIVE FORM ❑ BODILY INJURY (EACH ACCIDENT) OWNED PROPERTY DAMAGE E ❑ HIRED BODILY INJURY AND NON -OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY � XL. 008675 iW VV V f. 20 /8 9`L.V/Vdl BODILY INJURY AND 10000 A UMBRELLA FORM PROPERTY DAMAGE $ S ❑ OTHER THAN UMBRELLA, COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY s (EACH ACCIDENT) ' OTHER B udders 'Risk 'NSF 50782338 until cane fled asper value DESCRIPTION OF OPERATIONS/LOCATIONS/vEHICLES Cancellation: Should any of the above desci6ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 11�+ days written notice to the below named certificate holder, but failure to mail such potice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Januaryi+ l9�' Floyd Nesbitt DATE ISSUED: City Purchasing Agent C tLtv of Lubbock K. Texas AUTHORIZED REP SENTATIVE Curt. Cason I. ACORD 25 (1-79)