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Home My WebLink AboutResolution - 2461 - Contract- Tom's Tree Place- Trees & Shrubs, Auditorium/Coliseum & Phil Hoel Park - 10/23/1986HW:dw Resolution #2461 October 23, 1986 Agenda Item #32 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 with Tom's Tree Place for the installation of trees and shrubs for the Auditorium/Coliseum and Phil Hoel 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 23rd day of October 1986. ATTEST: Boyd, City Secretary APPROVED AS TO CO r �en e E ds, Purchasing Manager A Harold Willard, Assistant City Attorney CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This agreement, made and entered into this 23rd day of October 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 Tom Tree Place 5104 - 344-h Lubbock, Tx 79401 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: T9 furnish and install all plant material at Lubbock Auditorium/Coliseum and Phil Hoel Park as per bid specifications for bid #9132 for the amount of 64,545.25 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 Se etary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ATTEST: ecretary CITY OF LUBBOCK, TEXAS C. =lam Mayor COMPLETE ADDRES��} UNITIED STATIES IFIIDEIL STATE OF TEXAS COUNTY OF 11 UAAA NTY COMPANY i6wa 896 ' E' (A Stock Company) TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER That -West Texas Services,_ -Inc. dba—Tom's Tree Place -- ----J 0- 4— 4th Shu ----- (hereinafter called 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 nto _City of Lubbock, Lubbock, Texas (hereinafter called the Obligee), in the penal sum ofixty fntilr t. n�ncl fj_ b1 n�re�jrty five and 25/1 ------ _------------------ ----------- ($64 ______ _=Dollars ($6 4 , 545 -25— ) 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 -Z3 —rd day of 0 c t o b e r ___, 1 q_$6 a copy of which is hereto attached and made a part hereof, for Lubbock Auditorium/Coliseum and Phil Hoel Park NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that 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 said 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 5164, 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 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 24th—dayof—Nov—em ber 198, West Texas Servicea; Inc. dba -------------- --------_—_.---------(Seal) UNITED "ES FIDELITY _�,ND GUARANTY COMPANY _ By Pam Talley Contract 214 (Texas) (6-69) Attorney-in-fact In CERTIFIED COPY GENERAL POWER OF ATTORNEY No....... 89809 ...................... Know 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 Pam Talley 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 confirms all and whatsoever the said Pam Talley may lawfully do in the premises by virtue of these presents. In Witness Whereo% 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 10th day of August , A- D. 19 79 UNITED SPATES FIDELITY AND GUARANTY COMPANY. (Signed) Br.. Charles..i'T:.. Boone... Vice -President. (Signed) W I3,, r .,..I1:i..Peley Assistant Secretary. STATE OF MARiLAND, BALTIMORE CITY, es: On this 10th day of August , A. D. 19 7 9, before me personally came Charles Id . Boone , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and 1.1. B. t4. Hinge 1 e ,y , 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 Charles W. Boon e and W. B. 11. Hinge 1 ey 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.$.2.... (SEAL) (Signed) Hargaret M. Hurst ....................................................... STATE OF MARYLAND Notary Public. BALTIMORE CITY, Sct. L I'l i l l i am Allen , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that t 1 a r g a r e t M. Hurst , Esquire, 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 of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting 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 City, the same being a Court of Record, this 10th day of August , A. D. 1979 (SEAL) (Signed) ............... Wlilliam Allen......................... FS 3 (6-77) Clerk of the Superior Court of Baltimore City. •SlvIaiaas tuvlsjssv .............................................................. 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THIS CERTIFICATE DOES NOT AMEND, The Kastman Agency, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 99180 COMPANIES AFFORDING COVERAGE Lubbock, Texas 79499 COMPANY A LETTER American General Fire & Casualty Co COMPANY B INSURED LETTER National Standard Insurance Co. COMPANY C West Texas Services, Inc. DBA Tom's Tree Place LETTER Northern Insurance Conpmay Of New York COMPANY 5104 34th Street Lubbock, Texas 79410 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE'BEEN'ISSUEDTO THE INSUREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF'ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE BE IS SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES MAY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, TIONS OF SUCH POLICIES. AND CONDI- ONDOCO CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS DATE (MM/DO/YY) DATE (MWDD/YY) ;; EACH OCCURRENCE AGGREGATE GENERAL LIABILITY C X COMPREHENSIVE FORM TMP 48752537 2/1/86_ 2/1/87 BODILY INJURY $ 500 $ 500 X PREMISES/OPERATIONS UNDERGROUND PROPERTY EXPLOSION & COLLAPSE HAZARD DAMAGE $ 500 $ 500 X PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL COPD 2 $ $ X INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ 100 AUTOMOBILE LIABILITY BODILY B X ANY AUTO GIM 27472978 2/1/86 2/1/87 INJURY (PER PERSON) $ 250 ALL OWNED AUTOS (PRIV. PASS.) BODILY INJURY (PER ACCIDENT) $ 500 ALL OWNED AUTOS (OTHER THAN PRIV. PASS. X HIRED AUTOS x NON-OWNED AUTOS PROPERTY DAMAGE $ 300 GARAGE LIABILITY BI&PD COMBINED $ EXCESS LIABILITY UMBRELLA FORM BI&PD $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY K. r A AND TC7 21324033 2/1/86 2/1/87 $ 100 (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER - DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Auditorium-Coliseum, Pehil Hoel Park SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE HX- PIRATIQQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Lubbock MAIL lU DAYS WRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE Ti MAIL S C OTICE SHALL 1 SE NO OBLIGATION OR LIABILITY 1625 13th S t . OF ANY KIND UPON THE COM A Y, ITS A O PRESENTATIVES. Lubbock, Texas 79401 AUTHORIZED REPRESENTATIVE J ,•. The Kastman A enc ,__Inc. ::