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HomeMy WebLinkAboutResolution - 2385 - Contract - Pharr & Company - Irrigation System, Phil Hoel Park - 07_24_1986Resolution #2385 July 24, 1986 Agenda Item #21 LJM:dw 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 Public Works Contract by and between the City of Lubbock and Pharr and Company for the installation of an irrigation system in Phil Hoel Park in the City of Lubbock, Lubbock County, Texas, 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 part of this Resolution as if fully copied herein in detail. Passed by the City Council this _ 24th day of July 1986. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City SiYcretaryU APPROVED AS TO CONTENT: ® �j� i;'`ez' Lc A Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: Michele Dart, Assistant City Attorney Resolution #2385 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th day of July , A.D. 19a&, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B. C— McM_Inn_ , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Pharr and ComFany 408 N. Paris of the City of Lubbock , County of Lubbock and the State of Texas hereafter 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Installation of irrigation system in Phil Hoel Park as per City of Lubbock Bid No. 9060 @ $34,398.75. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. . The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in in the year and day first above written. CITY- OF LUBBOCK, TEXAS (OWNER) MAYOR ATTEST: Ranette Boyd, City,/Secre ry APPROVED AS TO CONTENT: Rita P. Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: 7 Michele'Hart Assistant City Attorney ATTEST: - 2 - BY :� TITLE: Pracificnt COMPLETE ADDRESS: 208 Paris Ave Lubbock, Texas 79401 PHARR & COMPANY P.O. Box 2791 LUBBOCK, TEXAS 79408 ILIETTIER (DF UaZ KKZEU Tad (806) 763-5263 TO City of Lubbock, Lubbock, Texas WE ARE SENDING YOU R1 Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ __ DATE Jul 0 1 86 JOB NO. ATTENTION Gene Eads-PurchasingMana er RE: Phil Hoe] Park the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 2 - 0-86 1 Performance and Payment Bond 2 7-30-86 1 Certificate of Insurance THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO �r SIGNED: ,j PROWE72402 dim., Cbm, ntm omn. If enclosures are not as noted, kindly notify u once. FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21.203 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That,__PHARR AND___ C__OMPANY__(SEE__ATTACHED) 208__PARIS AVE.______•_____________________ ------ - - - --------- (Here insert the name and address or legal title of the Contractor) ------------ LUBRQCI{,__.TEXA.S_____________________________________________(hereinafter called the Principal), as Principal, and FIDELITY AND DEPOSIT CO. OF MARYLAND 210 N. CHARLES ST.BALTIMORE, MD - - ----------------------------------- (Here insert the name of the Surety) a corporation organized and existing under the laws of the State of Maryland, with its principal office in the City of Baltimore, (hereinafter called the Surety), as Surety, are held and firmly bound unto______________________ ------------CI-Ty---OF---LUBBOC-K,---LUBBQCK--- TEXAS--GENE--FADST---PURCH-ASI-NG--MANA-GEE----- (Here insert the name of the Obligee) ------------------------------------------------ --------------------------------------------------------------(hereinafter called the Obligee), in the amount of_.TRIRTY-FOUR..THQUSAXD-_THREE...Nd;NETY._IaZGHT_AND._.7.5/] 0.9----------- — — — — — — — — — — — — — — — — — — — — (Hltre insert a2.amon_t•egoal to the LL,1 mnt—ra_t Pr_ce) ------------------Dollars ($ 3 4, 3 9.8_. 7 5------), 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 30TH JULY 86 ... -.......... --------------•---•--•--....------------•-----•----------------day of-------------------------------------------------•---------•-'•-----------------••--19--------- to INSTALL IRRIGATON SYSTEM FOR PHIL HOEL PARK, FOR THE CITY OF LUBBOCK, LUBBOCK, TEXAS 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, 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 2 9 TH--------•---------• -------...day of... jpLK ............................................ 19-8 6... WITNESS:}l '(Jp--(SEAL) (: /�---•----- ----------•-••------•---------------------------•-----•.•-•--•......•-..........------•----J�IN----='✓�-SEAL) (IF IN DUAL OR FIRM) PHARR AND COMPANY ATTEST: JOHN K . PHARR 1QC . -PARTNER (SEAL) �OHN --- . WQ- ---------- --------------------------------------------------------------------------- -- ff--- -------/�e...�..------------ ----------- (SEAT.) (IF CORPORATION) .. PHARR, Principal PRESIDENT (� FIDELITY AND DEPOSIT COMPANY OF MARYLAND ❑ FIDELITY AND DEPOSIT COMPANY C6049a('rx)— Fidelity and Deposit Company OF MARYLAND Fidelity and Deposit Company HOME OFFICES: BALTIMORE PERFORMANCE BOND 0 F PLEASE READ YOUR BOND ATTACHMENT Pharr Construction Company, Inc. Jimmy R. Pharr, Inc. r John K. Pharr, Inc. DBA PHARR AND COMPANY Pharr Construction Company, Inc. -Partner- Cecil N. Pharr, President Jimmy R. Pharr, Inc. -Partner- Jimmy R. Pharr, President John K. Pharr, Inc., -Partner- John K. Pharr, President z a Y The FIDELITY AND D DEPOSIT COMPANY OF MARYLAND s D FIDELITY AND T DEPOS COMPANY ,y T COrtIpa1112S HOME OFFICES: BALTIMORE, MD.2,1203 _ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. TECOT JR. ,Vice President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to.be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Joe David Schoenig of Lubbock, Texas............' ............................ t >1—e and lawful agent and Attorney -in -Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000)... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardian the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md.. in their own proper persons. This power of attorney revokes that issued on behalf of Joe David Schoenig, dated, January 14, 1980. IN WITNESS WHEREOF, the said Vice -Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT 8th................................ day of ......... ....November.............................A.D.19A .5....._.... COMPANY this ................................ ATTEST: FIDELITY AND DEPOSIT COMPANY MARYLAND SEAL ,' ^ Q /} n ............... .. -------------------------------- Assistant Secretary Via -President FIDELITY AND D IT COMPANY SEAL p � /�//' �. 2 .....:o................ By..- ... .. - ......................... Assistant Secretary - Via -President STATE OF MARYLAND CITY OF BALTIMORE On this 8 thl day of November , A.D. 19 85, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Via -Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OFMARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the.individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, Merally and each -for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of acid Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed my Officia �__ y o Baltimore the y and year first above written. ........... ._....__----- .._......._ • sap Notary Public a " • My commission expires ... July ... 1-,-._ 198.6.._.._.._. 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed. the said Power of Attorney were Vice -Presidents a ia117 authorized by the Boards of Directors to appoint any Anorney in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authorityof resolution$ of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of fuly,1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That theiaesimileormechanically reproduced si natureofanyAssistantSecretaryoftheCompany,whethermadeheretoforeor hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed,' 2 9th IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ................................ day of.........._DULY...................... 19.8.6... .............. ..... .......................... ... ........... Ltats.tTxt—oc—168-5173 A rantSeoerary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice -Presidents, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents, and At- tornies-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents .specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistants Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." TRUCK INSURANCE EXCHANGE INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND, EXTEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. Named Insured PHARR AND COMPANY 0701 60 91 Address . P. 0. BOX 2791 Policy No —Workmen's or LUBBOCK, TEXAS 79408 35-77-315 7558er1s C0om9pe500rion Agent Policy No. -Other Co,. 7581 09 49 This is to certify that policies for the above named insured are in force as follows: 7290 16 57 OWNED AUTO- MOBILES, IF COVERED This Interim Certificate As To Evidence of Insurance 9hckbg oq-%ixwkitlW,±OWK�WKXXXXXXXXXXXXA., JULY 29 , 1986 , unless cancelled prior to such date by written notice to the named insured. THIS IS TO BE A PERMANENT CERTIFICATE OF INSURANCE COVERAGE COMBINED LIMITS OF LIABILITY COVERED COVERIL ED LIABILITY q� ® El Owned 9019411 Qury50 $ 250 000 each person ® ❑ Hired $ 500 000 each occurrence ® ❑ Non -Owned Employer's Non -Ownership Property Damage $ 500 000 each occurrence ❑ ® Contingent Liability Single Limit Liability for Coverages checked X above $ 000 each occurrence GENERAL LIABILITY 755gg1 Q9 49* $ 500 M&C - OLT odiTy Injury 000 each persons • Owners & Contractors $ 500 000 each occurrence ® ❑ Contractual t $ 500 '000 pro ual aggregate pro ducts • Elevators Property Damage $ 500 each occurrence © ❑ Products and/or $ 500 ,000 000 annual aggregate Completed Operations , products.., Single Limit Liability for Coverages checked X above $ ,000 each occurrence $ annual aggregate 000 products... ® ❑ E MID #7290 16 57 $ XXXXXXXXXXXIARmGdTxg BUILDERS RISK $ XXXXXXXXXXXnkmammmm © ❑ COMPENSATION #0701 60 91 Statutory s Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Ordinance Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by specific endorsement providing additional Contractual Coverage. Described Doscepti ❑ below ❑ w i. d VEA13 r1ft XM== tPA3CRXX 1IIEKIIINCKIRM II f14L UNITED PARCEL SERVICE OF AMERICA, INC. SERVICE LANTS CORPORATION AND LAST EACH OF THEIR SUBSIDIARIES, HAS BEEN NAMED ADDITIONAL INSUREDS. DIGITS SHOWN DU 9017 Umbrella Liability POLICY NUMBER DELTA LLOYDS $ 25 '000 retained limit $ 11000,000 each occurrence $ 1,000-000 aggregate If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration date, we shall provide 30 days advance notice in writing to whom this certificate is issued. *THIS POLICY PROVIDES CONTRACTORS AND OWNERS PROTECTIVE UNDER THE CGL AND BECGL COVERAGE (TXMP 200, 202, 205) Certificate issued to Name And CITY OF LUBBOCK Address GENE EADS, PURCHASING MANAGER P. 0. BOX 2000 LUBBOCK, TX 79457 Countersigned i tF Not Applicable in Texas. Authorized Representat • s In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. 56.0514 8-85 1901 200fST PRINTED IN U.S.A.