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HomeMy WebLinkAboutResolution - 1357 - Contract - CE Amenican Pole Structures - 115Kv Transmission Steel Poles - 03_31_19831\LJVLV1pull --.-. J/"J ��vJ• Bid #7220 ego /3 5� DGV:da 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 C. E. American Pole Structures and the City of Lubbock for 115KV tapered tubular steel transmission poles 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 31St day of March ,1983. i r B MCALISTER, MAYOR ATTEST: velyn Ga fga, City Se r ry-Treasurer APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: Donald G. Vandiver, Assistant City Attorney C-E American Pole Structures Tel. 713/466-6761 Combustion Engineering, Inc. Telex: 791-028 Post Office Box 40020 Houston, Texas 77040 L� SYSTEMS May 3, 1983 Mr. Tom Buchanan The City of Lubbock Lubbock Power and Light 302 Municipal Drive Lubbock, Texas 79408 Ref; Contract for 115kV Transmission Steel Poles Our Job No. 5480 Dear Mr. Buchanan; MAY 9 1983� ��Tr SfCRfJgRY Attached you will find the Performance and Payment Bonds required for the above Contract. I understand that our copy of the Contract is on its.way to us at this time. At this time we estimate that approval drawings should be ready for your review in about two weeks. We will attempt to expedite the foundation drawings so that this material can ship as soon as possible. Please let me know if you have any problems with either of the Bonds. Alsor please send all correspondence,concerning this job to the above addressr Attention Sales Department. Sincerely, Susan D. Green Sales SDG Attachments ` - + PERFORMANCE BOND (Applicable on all contracts in excess of S25;000) (To be used in Teisas iinder V.A.T�S. 5160) THE STATE OF New York Bond #8097-61-90 COUNTY OF New York I&OW ALL MEN BY THESE PRESENT. that we (1) C-E AMER_Tc.AN pOTE -qmRTxYrrTPR.-q� a (2) Corporation . of TEXAS hereinafter called Principal and (3) FEDERAL INSTTRANC`R mripaNy of 100 William Street ; State of New vnrk hereinafter called the Surety; are held and firmly bound into (4) 'City of Luhhrrk - of Texas ; herainafter called Owner, in the penal' sum of tit HUNDRED EIGHTY EIGHT T14OUS= TWO HUNDRED SEVENTY ONE AND N0/100------------ ($4AR,271_nn---- --------- ---) 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, administrators and successors, jointly and severallyi firmly by theme presents: I THE COI��ITION OF THIS OBLIGATION- is such that L�fiereas., the -Principal entered into a certain contract with. (6) The City of Lubbock the Owner, dated the 3jsf day of March , A.D. 19 a copy of which.is hereto attached and made,.a part hereof for the construction of: certain. 115 KV steel voles as described within the attached material specification. (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 -kexas Performance Bond) - 2 N01-' THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans,'specifications and contract doctiments during the original term thereof, and any extensions thereof which may be granted by the 06•ner, 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 hill 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 timie, alteration or .. addition to the tee of the-comtract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the 25th day of April A.D. 19. 83 r ATTEST t Qrincippa1} Sec etary DAVID.BRIVNATZ PRESIDENT SALES & MARKETING F:itne8s as to Principal Susan Green, Sales P.O. Box 40020 Houston, TX 77240 (Address) ATTEST witness �as/to Surety Address) Princip BY DOUGLAS C. SHERMAN VICE PRESIDENT ENGINEERING P.O. Box 40020 Houston. TX 77240 (Address) COUNTERSIGNED, •RESIDENT l�/• FEDERAL INSURANCE COMPANY Surety BY Attorney -in -fa It RICEiARD GUARINI 100 William St., N.Y., N6 Y. 10038 (Address) NOTE: If Contractor is Partnershipi all partners should execute bond. .� Certified Copy of POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 51 J.F. Kennedy Parkway, Short Hills, N.J., a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint V. J. Borelli, D. M. McKeown, George B. Sloane, Richard D. Wagner, Albert L. Salvatico, Lois M. Briggs, Joan T. Camporini, Frank J. Niestadt, Jr., Carol Tietz, Mary Herbek, Richard Guarini and Phyllis ---------------------------------------- Cheehile of New York, New York each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, or- dinances or regulations of any State, City, Town, _Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 82 FEDERAL INSURANCE COMPANY By George McClellan Assistant Vice -President Richard D. O'Connor Assistant Secretary STATE OF NEW JERSEY ss: County of Essex On this list day of January 19 82 , before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. u Acknowledged and Sworn to before me on the date above written. I10TARY A'r B �' n *r Notary Public v v PATRICK RYAH NOTARY PUBLIC OF NEIV JERSEY My Commission Expires December 11, 1983 Form 21-10-317(Ed.482)GeneraJ R-10479 �.a. SHORT HILLS, N.J. j )y ss. County of Essex I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By -Law is in full force and effect. "ARTICLE XVII1. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President. jointly with the Secretary or an Assistant Secretary, under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an Assistant Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by law. Given under my hand and the seal of said Company at Short Hills. N.J., this 25th day of April .19 83 Assistant Secretary FEDERAL INSURANCE COMPANY ANNUAL STATEMENT— DECEMBER 31, 1981 IN'THOUSANDS OF DOLLARS STATUTORY BASIS ASSETS United States Treasury Bonds ........ S 3,511 United States Government Secured New Housing Bonds ............... 103.219 State and Municipal Bonds ........... 550.551 Other Bonds ........................ 38.785 Preferred Stocks .................... . 100,565 Common Stocks .................... 134.989 TOTAL INVESTMENTS ............. 931.620 Investment in Affiliates: Great Northern Insurance Co........ 20,726 Pacific Indemnity Company......... 79,182 Chubb Life Insurance Co ........... 37.258 Bellmead Development Corp ........ 53.680 Other... ...................... 13,811 Cash .............................. 14,530 Net Premiums Receivable ............ 157.537 Reinsurance Recoverable on Paid Losses .......................... 20,204 Other Assets ....................... 67.630 TOTAL ADMITTED ASSETS ......... $ 1,396,178 LIABILITIES AWD SURPLUS TO POLICYHOLDERS Unearned Premiums ................. S 307.404 Outstanding Losses and Claims ....... 595.824 Ceded Reinsurance Balances Payable.. 9.617 Funds Held under Reinsurance Treaties 7,743 Non-Admitled Reinsurance ........... 20.369 Other Liabilities. . ................... 103,667 TOTAL LIABILITIES ................ 1.044,624 Common Stock ..................... • 13,987 Paid -in Surplus ......... . .. . . . . . . . .. 40,913 Earned Surplus 267,649 Unrealized Appreciation of Investments 29,005 SURPLUS TO POLICYHOLDERS ..... 351,554 TOTAL ..................... . ..... 1,396.178 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at S20,920 are deposited with government authorities as required by law. State, County 8 City of New York, — ss: Richard Nigbt , Assistant Secretary of the Federal 'Insurance Company being duly sworn, deposes and says that the foregoing statement of the Assets and Liabilities of said Federal Insurance Company on December 31, 1981 is true and correct and is a true abstract of the Statements of Assets and Liabilities of said Company as filed with the Secretary of the Treasury of the United, States for the 12 months ending December 31, 1981. Subscribed and sworn to before me this 1st day of April, 1982. _���—/�Assi Cant Secretiary - )'__ , '��� V DORIS f vq l E G+ts Notary Public ►+Ol♦RT PUBLIC Suer o' Ae— Yom No Ol"1�126 79 OusIA.eO m F.1"_ co.mr CeM.r.eale FdeO .n ►c_ TO•% C-1! Comrt+++a.on E.p..c� M,.cn Jv. 1S5J PAY1= BOND L. (Applicable on all contracts in.excess of $25,000) (To be used in Texas under V.A.T.S. 5160) THE STATE OF New York Bond #8097=61-90 COUNTY OF New York KNOW ALL MEN BY THESE PRESENT: That we (1) C—E AMERICAN POLE STRUCTURES (2) CORPORATION of TEXAS hereinafter called Principal and (3) FEDERAL INSURANCE COMPANY of 100 William Street State of New York hereinafter called the Surety, are held and firmly bound unto (4) City of Lubbock of Texas hereinafter called _ 0--wner, 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 FOUR HUNDRED EIGTHY EIGHT THOUSAND TWO HUNDRED SEVENTY ONE AND NOj ($488,271.00-------- --) 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,.execu— tors, administrators and successors, jointly and severally, firmly by these. presents. THE CONDITION OF THIS OBLIGATION is such that,'khereas, the Principal entered into a certain contract with (6) The City of Lubbock The Owner, dated'the 31st day of March A.D. 19 83 a copy of which is hereto attached and made a part hereof for the construction of: certain 115 KV steel poles as described within the attached material specification. 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. t PROVIDED FURTHER, that if any legal action be filed upon -this bond, venue shall lie I uhhnrk 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 k'HEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the 25th day of April , A.D. 19 83 ATTE (Princippal)_ re ary David iirivnatz ( ,rLvsident Sales & Marketing T� Witnes-:as to Prin ipal Susan Green, Sales P.O. Box 40020 Houston, TX 77240 (Address) ATTEST: uret}• Witness s to Surety .q -4 Z • • y; .wr 1: By Douglas C. Sherman P.O. Box 40020 Houston, TX 77240 (Address) COUNTERSIGNED N D. -F=RSON, RESIDENT Surety By (Address) NOTE: 19ZI C . (Address) / These footnotes refer to the numbers in body of If Contractor is Partnership, all partner should execute bond. 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 awner (5) County and State (6) OT,-ner Certified Copy of POWER OF ATTORNEY Know all Melt by these Presents, That the FEDERAL INSURANCE COMPANY, 51 J.F. Kennedy Parkway, Short Hills, N.J., a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint V. J. Borelli, D. M. McKeown, George B. Sloane, Richard D. Wagner, Albert L. Salvatico, Lois M. Briggs, Joan T. Camporini, Frank J. Niestadt, Jr., Carol Tietz, Mary Herbek, Richard Guarini and Phyllis Chechile of New York, New York ---------------------------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, or- dinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of January 19 82 FEDERAL INSURANCE COMPANY By George McClellan Assistant Vice -President Richard D. O'Connor Assistant Secretary STATE OF NEW JERSEY ss: County of Essex On this 1st day of January 19 82 before me personally came Richard D. O'Connor, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the Corporation described in and which executed the foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As- sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Com- pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted with George McClellan and knows him to be Assistant Vice -President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By -Laws and in deponent's presence. I AA—\1��. �10TAR Y 1, PUBLIC Acknowledged and Sworn to before me on the date above written. r ��-A Al P� Notary Public PATRICM RYAN Form 21-10317 (Ed. 4$2) General NOTARY PUBLIC OF NE'N JERSEY My Commission Expires December 11, 1983 R-10479".► SHORT HILLS, N.J. )} County of Essex ss. I, the undersigned, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President. jointly with the Secretary or an Assistant Secretary, under their respective designa- tions, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice -Chairman or the President or a Vice -President or an Assistant Vice -President, jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc - permitted or required by law. Given under my hand and the seal of said Company at Short Hills, N.J., this 25th day of Agri 1 19 83 Assistant Secretary [_ t__ D1_-__ AL INSURANCE COMPANY . ANNUAL STATEMENT—DECEW.BER 31, 1981 IN 1HOUSAtPDS OF DOLLARS STATUTORY BASIS ASSETS. United Stales Treasury Bonds ......... S United States Government Secured New Housing Bonds . _ . _ ....... _ State and Municipal Bonds ....... _ ... Other Bonds________________________ _ Preferred Stocks ____________________ Common Stocks -------------------- 3.511 103,219 550,551 38.785 100,565 134.989 TOTAL INVESTMENTS_____________ 931,620 investment in Altiliales: Great Northern Insurance Co........ Pacific Indemnity Company --------- Chubb Life Insurance Co .__---__.__ Bellmead Development Corp -------- Other --- ---------------------- Cash Net Prr-miums Receivable ------------ Reinsurance Recoverable on Paid Losses --- - -- - = - - OtherAssets ----------------------- TOTAL ADMITTED ASSETS ______-__ 20.726 79,182 37.258 53.680 13.811 14.530 157.537 20.204 67,630 S 1,395,178 LIABILITIES AND SURPLUS TO POLICYHOLDERS Unearned Premivms ........ S 307.404 Outstanding Losses and Claims ....... 595,824 Ceded Reinsurancej3alances Payable.. 9,677 Funds Held under Reinsurance Tteaties 7.743 Non -Admitted Reinsurance .. _ . _ _ _ 20.369 Other Liabilities.:..., .TOTAL LIABILITIES---------------- 1.044624 -Common Stock _ _ .... , _ . 13.987 Paid -in Surplus _ _ . _ _ _ _ 40,913 Earned Surplus --------------------- 267.649 Unrealized Appreciation of Investments _ 29,005 SURPLUS TO POLICYHOLDERS _ _ _ _ _ 351.554 TOTAL_______________________ 1,396178 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at S20,920 are deposited .with government authorities as required by law. State, County 8 Cily of New York, — ss: Richard Hight, Assistant Secretary _ of the Federal Insurance Company being duly sworn, deposes and says that the foregoing statement of the Assets _ and Liabilities of said Federal Insurance Company on December 31. 1981 is true and correct and is a true abstract of the Statements of Assets and Liabilities of said Company as filed with the Secretary of the Treasury of the United Slates for the 12 months ending December 31. 1981. Subscribed and sworn to before me this lsl day of April, 1982. Assi :.ant SLe1 cretary DORIS F. Vitt EG1S WOIaRT Puatic S.." o' ►.r- Ton �c OtJ>.r,t: 67y NOLzry Pub3ic O�>t•t •.a .n c.n n>nco un, - Yo•• Ce..nr] To see a copy of the contract please contact the City Secretary Office.