HomeMy WebLinkAboutResolution - 2367 - Contract - LDC Construction - Renovations, Various Community Centers - 06/26/1986MH: js
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Resolution #2367
June 26, 1986
Agenda Item #44;
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 L.D.C. Construction Company, for the renovation of various
community centers for the City of Lubbock, 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 r 1986.
B. C. MCMINN, MAYOR
ATTEST:
Ranette Bdyd, City Secretary
APPROVED AS TO CONTENT:
CZkd-Westono, Director of Community
Facilities
Michele Hart, Assistant City
Attorney
Resolution #2367
CONTRACT
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
L.D.C. Construction Co. Inc. P.O. Box 65251
Lubbock Texas 79464
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 for City of Lubbock Community
Centers as specified in Bid #9028 for the sum of $1.06,704.00.
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.
CITY OF LUBBOCK, TEXAS
F. r
Mayor
ATTEST:
City Sec tary
APPROV AS TO CONTENT:
APPROVED AS TO FORM:
i,
CONTRACTOR
BY:
TITLE:
ATTEST:
Secretary COMPLETE ADDRESS:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
FIDELITY AND DEPOSIT COMPANY
HOME OFFICES: BALTIMORE, MD. 21203
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, .____LDC CONSTRUCTION CO., INC.
(Here insert the name and address or legal title of the Contractor)
______________LUBBOCK,__ TEXAS___________ -_______________-----______--_--______(hereinafter called the Principal), as Principal,
and -------- FZDEL-ITY_ _ AND__DEP OEZT__ COMPANY_ _OF--MARYLAND-------------------------------------------------------------------
(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______________________
--------------CITY_AF _LUB.B.GCK----------------------------------------------------------------------------
(Here insert the name of the Obligee)
LUBBOCK, TEXAS_______________(hereinafter called the Obligee),
in the amount of__ONE__HUNDRED__SIX__THOUSAND__SEVEN_ HUNDRED FOUR AND N0I100----- ------
--------------- --------------------------------
(Here insert an amount equal to the total contract price)
-------- ---------------------------------------- ------ 106 704 00
- ----------------------------------------------------------------------------------------------------------- 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 ---------------------------------- day of------ JUNE-----------------------------------•----------------•-------------19.......--
to
FURNISH AND INSTALL ALL LABOR AND MARTERIALS FOR CITY OF LUBBOCK
COMMUNITY CENTERS AS SPECIFIED IN BID #9028
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
10th
--------------------------------------------- day of ..... JULY ............................................ 19-86----
WITNESS
----------------------------------------------------•------•---------...-------- (SEAL)
(IF INDIVIDUAL OR FIRM)
(SEAL)
ATTEST: LDC CONSTRU ION CO., INC. (SEAL)
---
7- ... _ - ------ ------------------ -:-- -- •---
----._...._ � _ _ .(SEAL)
-----------------------r
(IF CORP TION) PiinCZpaI
:K] FIDELITY AND DEPOSIT COMPANY OF MARYLAND
FIDELITY AND DEPOSIT COMPANY
�y
z_.
-� -- - ----- ----------------------- --- (SEAL)
- - - ----- ---
Ceoava(rx)- Howard Gowan 8tt ne'"" in act
No. $
ON BEHALF OF
TO
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The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
e D FIDELITY AND DEPOSIT COMPANY
COftlpalrtA�t HOME OFFICES: BALTIMORE, MID. 21203
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. PECOT,_"'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 Howard Cowan, Gertrude
Crocker and H. T. Wilkins, III, all of Lubbock, Texas, EACH ....................... 1_
the true 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 ONE MILLION DOLLARS ($1,000,000) ... EXCEPT bonds on behalf of
Independent Executors, Community Survivors and Community Guardians.............��.
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.
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
COMPANYthis .................. '4.S:i1..................................... day of ....................... 14aY ................................A.D. 19...M.........
ATTEST: FIDELITY. AND DENT COMPANY O ARYLAND
SEAL oy Q 0
� : ��..LJr~._./.• i .............. By ................... .. 0.....P►ertdau............_................
Assistant Y
FIDELITY AND ;DE IT COMPANY
SEAL v
Assistant Secretory Viee.heatdaw
STATE OF MARYLAND
CITY OF BALTIMORE u'
On this 14th S day of May A.D. 19 84, 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 Vice -Presidents and Assistant Secretaries of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND 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 come, and beingbr me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the sealsaflixed to the pprreceding
instrument are the Corporate Seals of said 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, I have hereunto set my hand and affixed my Official City (timore a da d year first above
written. _.
soya..... ...... ........ ... ofnrr.....................................
i My commission expires .. July --.1.x,...1986
CERTIFICATE
I, 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 ��ppec. 11
authorised by the Boards of Directors to appoint any Attorney -in -Fact u provided in Article VI, Section 2 of the respective By -Laws of the FIDELIT4,
AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions 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 July, 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: '"Mat the facsimile or mechanically reproduced as'gnature of any Assistant Secretary of the Company, whether made heretofore or
hereafter, whenever appearing upon a certified copy of any ower of attorney issued by the Company, shall be valid and binding upon the Company
with the same force and ef(eet as though manually affixed.'
IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this.... 2.6.th.............
day of......j.une ............................... 19....$.6.
.............. ..... .......................... ................
A Secretory
1.141%(M—Of 168-5073
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, Assistant 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,
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."
and releases and assignments of judgments, decrees, mortgages and instruments in the nature o
-h._ _�, p ..y y e9 � ,
PRODUCER
REPUBLIC HOGG ROBINSON
OF TEXAS, INC.
P.O. BOX 6800
LUBBOCK, TEXAS 79493
INSURED
LDC CONSTRUCTION CO., INC.
P.O. BOX 65251
LUBBOCK, TEXAS 79464
7/11/86
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER UNITED STATES FIRE INSURANCE COMPANY
COMPANY
LETTER B
COMPANY
LETTER C+
COMPANY
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE
NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER I
BEISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE]
TIONS OF SUCH POLICIES.
OLICY`PERIODINDICATED.
'H THIS CERTIFICATE MAY
EXCLUSIONS, AND CONDI-
CO
LTTRR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWDDNY)
POLICY EXPIRATION
LIABILITY LIMITS IN THOUSANDS
._ `
EACH
OCCURRENCE
AGGREGATE
DATE (MM/DDNY)
GENERAL
LIABILITY
A
X
COMPREHENSIVE FORM
500 4661419
5/6/86
5/6/87
BODILY
INJURY
$ W
`$
P
X
PREMISES/OPERATIONS
PROPERTY
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
DAMAGE
$
$
X
PRODUCTS/COMPLETED OPERATIONS
X
CONTRACTUAL
COMBINED
$ 1,000
$ 1,000
X
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
B I RSONACJLOINJJURY
t
-��
�
0 0
AUTOMOBILE
LIABILITY
D
ANY AUTO
PERR
(PERSON)
$
AT
ALL OWNED AUTOS (PRIV. PASS.)
540 839962 8
5/6/86
5/6/87
�JRY
;
r
X
(OTHER
ALL OWNED AUTOS (OTHER THAN
PASS
(PER ACCIDENT)
$
X
HIRED AUTOS
,
X
NON -OWNED AUTOS
PROPERTY
DAMAGE
F ,d�
GARAGE LIABILITY
BI & PDx"�
COMBINED
$ 1 , 0 0 0
EXCESS
LIABILITY
UMBRELLA FORM
COMBINED
$
$
OTHER THAN UMBRELLA FORM
A
WORKERS' COMPENSATION
408 4053363
5 6 8 6
STATUTORY x„111
AND
/ /
5 6 8 7
/ /
$ (EACH ACCIDENT)
EMPLOYERS' LIABILITY
$ (DISEASE -POLICY LIMIT)
__
." $ (DISEASE -EACH EMPLOYEE)
oo
A
RLLR RISK
IiFCr.QlPTInAI
BUILDERS RISK
nC n0=0ATInA101.
320 3021475
..... . ..._ -
6/8/86
6/8/87
$500 Limits Liab.
Re: Community Center, Project #9028
CITY 0 F LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
CITY DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
P.O. BOX 2000 MAIL 1 g(j DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, dU f FAILURE TO MAIL SUC NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
LUBBOCK, TEXAS 79457 OF ANY KIND UPON THE COMP YWOOF
ITS AGENTS R R RE E T9TIVES.
AUTHORIZED REPRESENTATIVE
REPUBLIC HOGG RO TEXAS, C.
CITY DF LUBBOCK
MEMO
?U: Jim Weston
Director -of :C-ommunyity Facilities
OM: Aan+etite -Boy l
V�,i-ty S e Metery
DATE: August 22, 1986