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HomeMy WebLinkAboutResolution - 1725 - Contract - M&S Construction - Renovations, Mackenzie Park - 06_14_1984MG:js RFSf11 11T Tf1N RESOLUTION 1725 — 6/14/84 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 by and between the City of Lubbock and M&S Construction Company for the reno- vation of the Outdoor Recreation Center and historic bridge in Mackenzie Park, 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 14th day of June , 1984. - kw_ ALAN N , MVUR ATTEST: A gclult� p", 0 0 :9_� City Sbcretareasul-er APPROVED AS TO CONTENT: Dan Kamp, Director of Parks PIRecreation APPROVED AS TO FORM: oe Mi a Glisar, AsiTldtant City Attorney V RESOLUTION 1725 - 6/14/84 CONTRACT CITY SECRETARY -TREASURER STATE OF TEXAS COUNTY OF LUBBOCK This agreement, made and entered into this 14 day of June , A.D.1984, by and between the City of Lubbock, ounty of -Lubbock,tate of Texas, acting by and through Alan HenryMayor, thereunto authorized to do so, ereina ter referred to as OWNER, and M&S Construction Company 702 Avenue K of the City of Levelland , County of Hockley 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: Renovation of the Outdoor Recreation Center and historic bridge in Mackenzie Park for the sum of $110,812.50. 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, incurance 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 kII:�ESs :.'hcR:OE, the parties to these presents have executed this con in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. CITY OF LUBBOCK, Mayof OF ATTEST: . A4,4w J14t, 9 City ecrec z Treasurer APPROVED AS TO CONTENT: ,APPROVED AS TO FORM: cot BY: TIT ATTEST: Secretary COMPLETE ADDRESS: b A�Lg-,U A117_2- ZV3 ?,� i PERFOR14ANCE BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.T.S. 51601 THE STATE OF Texas COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS: That we (1) M S Con.1truction a (2) Partnership of 102 A__K, Levelland, Texas 7.9336 hereinafter cal ed 'Principal and ( 3 Y Security National Insurance Company of .P.O. Box 225028 Dallas Texas 75265 5 t a t e of Texas ,' h e r e i n a f t e r • called the Surety, are held• firm y bound unto 4 City of Lubbock. TpIsas. 9 ofTexas , hereinafter called Owner.. in the p e n a sum of One Hundred Ten Thousand Eight Hundred Twelve & 50/100_4$ 110,812 50 ) Dollars in awful money of the United States, to be paid in-(5) Lubbock County, Texas for the payment of which sum weii and truly'to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, -firmly be these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with (6) CitV of Lubbock,, dated the 14 h day of Jung. , 19 84 , a copy of which is"heret a t•sched and made a a part hereof for the construction ofi Renovation of Barbeque Pit Building, Grounds and Historical Bridge, MacKenzie Park, Lubbock, Texas (herein called the "work'}. These `fpotno'tes refer to the numbers in body of contract •above: Date -of Eond must not _be prior to date of Contract. (1)'Correct name of Contractor (3) Correct name of Surety •(2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County'and`State as case may be (6) Owner 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 extension •s'thereof which may be granted by the Owner, with or without notice to the Surety:,,and if he shall satisfy all claim's and demands incurred under such contract, and shall fully indemnify and save harmless'the•..Owner from all costs r 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 the said surety, for value,received hereby stipulates acid agrees that no 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 th6 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 shall be deemed and original, this the 14th day of June , 1984 • M & S Construction Princ' al ATTEST: . BY Regina tep ens, tner Principal Secretary '702 A-Ve K, Lubbock, Texas 79336 Tess :� (Seal) BY: Don Miller, Partner Witness as to Principal 702 Ave K, Levelland , Texas 79336. (ADDRESS) Address Security - National Insurance :'Company urety ATTEST: 6Y Atto ney-in-Fact Ro rt Covington Surety Secretary P.O. Box 9336, Amarillo, Texas'79105 (Seal) Address - Witness a-s to Surety Susan Hicks P.O. Box'9336, Amarillo, Texas 79105 Address N0TF: If Contractor is Partnership, all partners should.execute bond. PAYMENT BOND on all contretcts:in used in: Tezes um r THE STATE OF Texas excess of $25:,000) V.AT.S. 5160) COUNTY OF .. Lubbock �CNOW ALA. MEN BY THE -SE PRESENTS; That we (1)_- & s cam, i� a Partnership -of Leveiland,'Texas hereinafter called Rrinpipa and Security National Insurance -Company Of Dallas -Texas ... 'Btate `Qf Texas „ hereinafter called theme' urety, are held-. f irml v bound unto k) Citv of Lubbock` Texas , Of horeinafter csll d wrier,, and unto el perspns', firms and Corporations, who . may `furnish m'at6riels� for, ,,.or perform JQbor upon the bu 1d" cr mp ovem nts hegi-inmafter`referred to in'the penal the �ugdred en.; housand, Eight Hundred Twelve sum of _ ___ _ 110,812.50 ) Dollars in-, jawful'money 0 the Gn1Eed= 5tatee, to, a paid in .. for the ppyment of which t 0 w*11 and truly to 00 MpOo 9: we 'bind ourselves; our heirs, xecu o s, administr for and &urc00sots, jo nt y snd severally, firmly by these ' red' THE GQNbIT-1Of OF,TH15:OBLIGATION is such that Wheraas, the PrincipA1 Otored, ihto-' a certain'`pontr.act with ..Cit . A`f: L'ubbocki, Texas 5. e Owher, dated the ,14t. day pf... June , 194, a ,Copy ',p�,wh'Oh to.: 60rsto attached rand makea part hereof for the construetlon df: genovation`of.B.arbeque Pit Buildinji, Grounds :and Historical`Bridee. MacKenzie Park, Lubbock, Texas r:. Npw THER"EFORE the cpndition` of this ob Iqiti6h is 's.uch .: that, if the"Principal shall promptly make`payert,::to all .dlaimiants 'as deC�0' ed..in article` 5160 Revi.0e0,'Civi1 Statutes of `TeXasy 1.925, a§ 4mein' de8 by' Houae 411 1344,- Acts 5bth legislature, Requl_ir Session, 1 59 'effectivve �pril 279 19599. apc as, further, at�ended by; Acts 19fi9R :61sk. Leeislatuc, p: 190,. ph. 422, Sec. 1, effective June-29 1969, supplyr+Q labor and mater%sis''in. 'the pQsecuton o.f the work ptovid d for in said'cbntract, then this +obligation shall be null end void;Qtherw e.it Wall remain in fu}l farpe,and effect. This bon ig made anti entered info soieIv for,;the protection of,all 'claimants suppl.yino labor and matesials in the .pt6secution of'the-work ftovided for in said =contract; and ail` such; claimants shall_ have A direct right of action under -the bond as provided in. } i M 0 f Article 5160, Revised Civif1'Sta;tutes 19250 as amended by House Bill 344, Acts 56th, Lecislature., . Regular i Session, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969. PROVIDED FURTHER, that'if ,any legal action be filed upon this bond, venue shall lie ubbock County,. State of Texas, and that the said suret;y,, for value received hereby stipulates and agrees that no''change, :extension of time, altera- tion or addition to the terms'tf the contract or to the work to be performed thereunder or the, specifications accompanying the same shall in any wise. effect ;i'ts obligation on -this bond, and it does hereby waive notice ,of ;,any such change, extension of time, alteration _or addition to -thef.terms of the contract or to the work or to the specifications.. PROVIDED FURTHER, that no, final se'tt.lement between the Owner and the Contractor shall abridq.'e 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 14th day of June A.I). 19 84 - M & `S Construction Princioal ATTEST: Principal Secretary (SEAL) Witness as to Principal Address Surety Secretary (SEAL) G Witness as to Surety Susan xicks P.O. Box 9336, Amarillo, Texas 79105 Address 702 Ave K. Levelland Texa Address Security National Insurance Company (Surety) BY: Robert Covington, orney-;In-Fact P.O. Box.9336, lo,'Texas 79105 Address NOTE: If Contractor is Part- nership, all partners should execute bond. Z T TheTrinit Companies Dallas, Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint Jim H. Perkins; Susan Hicks; Robert Covington Amarillo, Texas its true and lawful Attorneys) -in -Fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. EXCEPT NO AUTHORITY IS GRANTED FOR: 1. Open Penalty bonds. 2. Bonds where Attomey(s) -in-Fact appear as a party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN. SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents this 97th day L_ 1984. JUOITH e. FAGAN, CORP. SECRETARY A. Jj T LeR. P E OFNT AUTHORITY FOR POWER OF ATTORN That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete copy: "RESOLVED, That the President, any Vice -President, or any Secretary of each of these Companies be and they are hereby authorized and empowered to make, execute, and deliver in behalf of these Companies unto such person or persons residing within the United States of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney -in -Fact, with full power and author- ity to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys -in -Foci and Officers of the Companies, including Assistant Secre- taries, whether or not the Secretory is obsent, be and ore hereby authorized and empowered to certify or verify copies of the By -Lows of these Companies as well as any resolution of the Directors, having to do with the execution of bonds, recognizances, contracts of indemnity, and oil other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys -in. Fact. RESOLVED, That the signature of any of the persons described in the foregoing resolution may be fac- simile signatures as fixed or reproduced by any farm of typing, printing, stamping at other reproduction of the names of the persons hereinobove authorized." CERTIFICATION OF POWER ATTORNEY I, Judith E. Fogon, Grp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of each Corporation � /i� this N7 day of 19 sEEZ s =SEA. ;SEAL'= v4uoITH E. FAGAN, CORP. secaer.Rr �*'�+ tt `? JAI . � i ♦� � ��N.�1.i�,r 1. '...• l e -3804 REV. 3-42 NAME AND ADDRESS OF AGENCY AMEME) COMPANIES AFFORDING COVERAGES Jim Perkins & Associates, Inc. P.O. Box 9336 COMPANY � Travelers Insurance Co. Amarillo, Texas 79105 LETTER COMPAN LETTER LiY B Canal Insurance Cc apany NAME AND ADDRESS OF INSURED C�+COMPANY C The Fidelity & Casualty Ins. Co. of N. .S o M & Construction LETTER 702 Avenue K COMPANY D Levelland, Texas 79336 LETTER COMPANY LETTER S. 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 Liabiii in Thousands COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY E 500 ErjQQ • A ®COMPREHENSIVE FORM NSL-509F012-8-83 9/14/84 100 100 ® PREMISES —OPERATIONS PROPERTY DAMAGE E E EXPLOSION AND COLLAPSE HAZARD r' UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURY $ SOO ® PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) 7 250 ® COMPREHENSIVE FORM BODILY INJURY $ ®OWNED (EACH ACCIDENT) 500 A EE-NSL-509FO12-8-83 9/14/84 PROPERTYDAMAGE E IN HIRED BODILY INJURY AND ® NON -OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY B --- - -- _.._ _ BODILY INJURY AND © UMBRELLA FORM O XS Q1 15 83 -'" "- C 9114/64 PROPERTY DAMAGE $ 1000 $ 1000 ❑ OTHER THAN UMBRELLA __--COMBINED FORM WORKERS' COMPENSATION STATUTORY A and EE-UB-509FO13-A-83 9/14/84 EMPLOYERS' LIABILITY $ (EACH ACCIDENT) OTHER C Builder's Risk IMH 51 27 82 4/23/85 All Risk-$250. Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Building Construction Pavillion, Barbecue Pit & Bridge at MacKenzie Park, Lubbock - $110,812.50 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 1Q days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock Lubbock, Texas DATE A. ACORD 25 (1.79) AUTHORIZED REPRESENTATIVE Jim Perkins & Associates, Inc. 0\/r a NAME AND ADDRESS OF AGENCY Jim Perkins & Associates,.Inc. P.O. Box 9336 Amarillo, Texas 79105 NAME AND ADDRESS OF INSURED City of Lubbock Lubbock, Texas COMPANIES AFFORDING COVERAGES COMPANY LETTER Travelers Indemnity Company COMPANY B LETTER COMPANY LETTER COMPANY D LETTER ICOMPANY 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. Notwithstandi of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies tar— amhicinnc and rnnHitinne of such nnliriee. urement, term or conalvon herein is subject to all the Limits of Liability in Thousan S ) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY ;. ; ❑ 500 0V /� 500 COMPREHENSIVE FORM ❑ PREMISES —OPERATIONS PROPERTY DAMAGE ; 100 ; 100 EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE ; ; ❑ BROAD FORM PROPERTY COMBINED DAMAGE A JQA INDEPENDENT CONTRACTORS To be Determined 6/14/85 PERSONAL INJURY PERSONAL INJURY ; AUTOMOBILE LIABILITY BODILY INJURY ; (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY ; ❑ (EACH ACCIDENT) OWNED PROPERTY DAMAGE ; ❑ HIRED BODILY INJURY AND ❑ NON -OWNED PROPERTY DAMAGE ; COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM - PROPERTY DAMAGE ; ; ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY and EMPLOYERS' LIABILITY ; (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATION S/LOCATIONSNEHICLES Construction Operations M & S Construction 702 Avenue K Levelland, Texas 79336 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock Lubbock, Texas DATE ISSUED: 611141/8-;—L1GT ACORD 25 (1-79) AUTHORIZED REPRESENTATIVE Jim Perkins & Associates, Inc. ENDORSEMENT THE TRAVELERS INSURANCE COMPANIES This endorsement is issued by that member of The Travelers Insurance Companies which issued the policy of which this endorsement forms a part. If any additional premium is noted below, this endorsement is issued in consideration thereof. If any return premium is noted below, the receipt thereof is acknowledged upon acceptance of this endorsement. e po6/14/84 Amending EE-NSL-509F012-8-83 Effective from At the time of day the becomes effective. Policy No. (Month, Day, Year) Issued+A Don Miller & Regional Stephens DBA M & S Construction Date of Issue: 6/13/84 ww Additional Premium $ Return Premium $ (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: City of Lubbock is added as an additional insured as their interest may appear. SYMBOL No. q,4t: 8000 C-19977 Rev.2-81 Printed in U.S.A. (482)Countersigned By Jim Perkins &Associates, Inc.