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HomeMy WebLinkAboutResolution - 2366 - Contract-Kerr Construction-Entrance Way, Landscaping, & Irrigation City Cemetery - 06_26_1986Resolution #2366 June 26, 1986 Agenda Item #43 MH:js BE IT RESOLVED BY THE CITY COUNCIL OF TBE 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 Con- tract with Kerr Construction Company for the construction of an entrance way, landscaping and irrigation at the City of Lubbock Cemetery, 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 fully copied herein in detail. Passed by the City Council this 26th day of June 1986. B. C. MCMINNN, MAYOR ATTEST: Ranette yd, City Secretary APPROVED AS TO CONTENT: Weston, Director of Community lities APPROVED AS TO FORM: Mic le Hart, Assistant City Attorney CONTRACT Resolution #2366 STATE OF TEXAS COUNTY OF LUBBOCK This agreement, made and entered into this 26 day of June , A.D. 1986, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Kerr Construction Co. P.O. Box 888 Lubbock, Tx 79408 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: To furnish and install all labor and materials as specified in Bid #9027 for the sum of $31,877.50. 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 WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. ATTEST: •—�— City Secretary APPR AS TO CONTENT: APPROVED AS TO FORM: zV ATTEST: r . etary CITY OF LUBBOCK, TEXAS Mayor CONTRACTOR BY: TITLE: COMPLETE ADDRESS: Limits of Liabili in Thousands COMPANY LETTER TYPEOFINSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE _ OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ A COMPREHENSIVE FORM 1 CC071342238 1-1-87 © PREMISES —OPERATIONS PROPERTY DAMAGE $ $ ® EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ® CONTRACTUAL INSURANCE PROPERTYDAMAGE $ 500 $ ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURYi0i ® PERSONAL INJURY AUTOMOBILE LIABILITY BODILYINJURY $ A 1CCO71342238 1-1-87 (EACH PERSON) $ COMPREHENSIVE FORM OWNED BODILY INJURY (EACH ACCIDENT)HIRED PROPERTY DAMAGE $ BODILY INJURY AND$5 NON-0WNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY _ BODILY INJURY AND ❑ UMBRELLA FORM $ $ B ® OTHER THAN UMBRELLA T86CS09124 1 -1-87 PROPERTY DAMAGE 500 500 FORM COMBINED WORKERS' COMPENSATION STATUTORY C and WCA97855 1-1-87 EMPLOYERS' LIABILITY $ 100 (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES "` `"' Paving Contractor " Re: Cemetary Entrance - Bid #9027 Cancellation: Should any of the above describ.ed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 3S 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. NAMEAND ADDRESS OF CERTIFICATE HOLDER: July 9, 1986 City of Lubbock DA ueD: Lubbock, Texas ` AUTHORIZED REPRESENT N ACORD 25 Bond No. U' ST. PAUL FIRE AND MARINE INSURANCE COMPANY Plop Lability ST. PAUL, MINNESOTA A CAPITAL STOCK COMPANY STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES.OF TEXAS AS AMENDED. (McGREGOR ACT — PUBLIC WORKS) (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: Kerr Construction Company That. - ------------•--.-.--•--------------------------•-•--------•-- -- - .._.._.._..._............ .-..._......_... (hereinafter called the Principal), as Principal, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Minnesota, with its princi- pal office in the City of St. Paul, Minnesota, (hereinafter called the Surety), as Surety, are held and firmly City of Lubbock,. Lubbock, Texas bound unto -- . -• . .. . .. ...... ...... _..._.... (hereinafter called the Obligee), in the amount of_-_=Th i.rty-one-_Thousand-,---E-i-ght--Hund-red -Seventy- seven and 50/100------------------------------------------ (31 $77 50 - - - - ---•---..._Dollars $---- '---•---- =--------••-----), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26th ftor Cemetary Entrance - Bid #9027 of ......------June ..... 19--- 86_ which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract docu- ments, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this -••-----.26th- -----...day of ------------......June ........... -------- .1.19.......... WITNESS: ......................................... .---------------- ..... ._....-I .... (IF INDIVIDUAL OR FIRM) Kerr Construction Company (SEAL) _._.(SEAL) A EST: ---- __................................._.....------ ($EAL) ✓_ Y__ 1%ha ............... ...........I�� ---- - --------- - .--..(SEAL) (IF CORPORATION) \ Principal ST. PAUL FIRE AN INE INSURANCE PANY rely ------------- ..................-_....../........._._.......----_.._...----_........... By- --'--.....---- ----- -- '---------....... -_... L•AL John V. Shropshire, Attorne In-Fiact 14576 Ed. 7-62 Printed in U.S.A. '' ` it MU OVA, jil rili'ffRi5ffie Office of C&ff MN It Art p -,mi, act.., Ill s an e I i or ts as surety, any and a I o ds and undertakings, recognizances, contracts ingiv ob igatory In the t&rto- w, ich a permitted b, la,�, statute. rule. regulation, contract or HT1 ow ion o pyc I�s r mgn'Ws as in ingu onsai St. Piud Fire and Marine Insurance Company, as fully en been duly ek6i:u�ted and ackrio�vledged by its regularly elected officers at its principal office. as if the siume had CO PANY iia meeting called and held on the 23rd day of January, 1970, Section �(Q: or pii,�& and authority e in To YA or ,2 appoint s,_Ial tt f any power -of -attorney issued in pursuance of this To remove, an, I me, oke the authority given him." o 0 AtIone is signed an B i'ectm of said Company adopte at a meeting duly . It y I such power of atto�Ln�e44y'�o'ri�a�in�y��.certificate relating D yf s an any or facsimile seal shall be valid and binding upon the and an sne, power so exe S�all be valid and binding upon the Company in the kagg"44�&,&SUIiANCE, COMPANY J. AN On this 2 IS 'day of eptemlPr ig 8 beforemeca�;ethc individual who ex , ecuted the preceding ihstru ment, t o ni I e pe�rsonall Y­ knoVA' KU �e'iln'g"bik"thil' dtfiIt' 'therein described and authorized officer of St. Paul Fire and MiAne Insurance Company, that . t . he se . al affixed to'saild iriiirtiment is the C rporate Seal of Said Conip"j�, iflai'dic said Corporate Seid'and his/her signature were duly affixed by order fit IWLA My Commission Expires November 1, 19W 1, th�ufieleiiighid6fticer o St:),PanI'Pri guild Muring, lulprance onipan�, o hereby certi y t at I ave compared the foregoing copy of the Power of Attorney and tig-§& forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE �i'iarrie q6 �i trect transcripts thereof, and of the whole of the said originals, and that the said Power of it N j4g�Y WHEREOF, I have hereunto set my hand this � ru- t dav of June Secretary Only ft-5�tI!�,klq,e,apy 4power' of Att§r#dy' beari�fi tire Certificate of Abthority No. printed in red on the upper right corner is binding. Photocopies, '�arbot . i NSTItUMENTI UED IN EXCESS OF Tft-P�ENALTY z, AAi6V9lf`9iATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. CITY OF LUBBOCK MEMO TO: Gene Eads Purchasing JTOM: Aanette .Boyd 'City Secretary =if: August 22, 198b 'Our permanent files for 1986 are missing the -fnllnwing idncuments from your office: *esolutton #2263 & Agreement -Bid 48887 -f2solutimn 42313 4 vntrart -Vid *8963 -Contract Sid 49027 ,untrart �Sizi'#9DB4 3February 27, 4-986 tiWay 33, 39BU ..-June -26; 198.E Bu 3r 3i3, 19BB le il pr�ci --knawIng _the__ztaUs _nf these fors -_As soon _as 4mssiblie- ­Ranette Boyd .City Secretary