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HomeMy WebLinkAboutResolution - 2369 - Contract - Hamilton Chism Irrigation Company - Irrigation, LIA - 06/26/1986MH:js RESOLUTION Resolution #2369 June 26, 1986 Agenda Item #46 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 Hamilton-Chism Irrigation Company for irrigation renovation and irrigation installation at the Lubbock International Airport, 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 j6th day of June , 1986. "A� B. C. MCMINN, MAYOR ATTEST: Boyd, City APPROVED AS TO CONTENT: Zi -fa Weston, Director of Community Facilities APPROVED AS TO FORM: Michele Hart, Assistant City Attorney Resolution #2369 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK m 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 Hamilton Chism Irrigation Inc 5210 28th Lubbock Texas 79407 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 specified materials and labor for the irrigation system at Lubbock International Airport for the sum of $33,080.23, as per Bid #9033. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, incurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the perfor- mance of the contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each.of which shall be deemed an original, in the year and day first above mentioned. CITY OF LUBBOCK, TEXAS Mayor ATT City Secr ary APPR AS TO CONTENT: r G APPROVED AS TO FORM: CONT TOR 4 - / 'r t Z` C� L BY: TI LE: llI ATTEST: ecretary COMPJ4TE, ADDRESS: y JACKSONVILLE, FLORIDA 32207 Performance Bond Bond No. 9941 Power No- 532 KNOW ALL MEN BY THESE PRESENTS: that Hamilton-Chism Irrigation, Inc. 5210 28th, Lubbock, TX 79407 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, DEPENDABLE INSURANCE COMPANY, INC. P.O. Box 10169, Jacksonville, Florida 32207 as Surety, hereinafter called Surety, are held and firmly bound unto City of Ldtal�ock (Here insert fu name an a ress or legal title of Owner) Lubbock, TX as Obligee, hereinafter called Owner, in the amount of Thirty Three thousand Eighty & 33/100 Dollars ($ 33,080.33 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated June 26 19 86 , entered into a contract with Owner for (Here insert full name, address and description of project) to furnish and install all specified materials and labor for the irrigation system at Lubbock International Airport in accordance with Drawings and Specifications prepared by ereCnLt full name and address or legal title of Architect) which contract is by reference made. a part hereof, and is hereinafter referred to as the Contract. FORM 31 ! PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner not exceeding, including other costs and damages for to be in default under the Contract, the Owner having which the Surety may be liable hereunder, the amount set performed Owner's obligatiops thereunder, the Surety forth in the first paragraph hereof. The term "balance of may promptly remedy the default, or shall promptly the contract price," as used in this paragraph, shall mean 1) Complete the Contract in accordance with its terms the total amount payable by Owner to Contractor under and conditions, or the Contract and any amendment thereto, less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before the termination by Surety of the lowest responsible bidder, expiration of ninety (90) days from the date on which arrange for a contract between such bidder and Owner, final payment under the Contract falls due. and make available as Work progresses (even though there should be a default or a succession of defaults No right of action shall accrue on this bond to or for under the contract or contracts of completion arranged the use of any person or corporation other than the Owner under this paragrah) sufficient funds to pay the cost of named herein or the heirs, executors, administrators or completion less the balance of the contract price; but successors of the Owner. Any Modification or Change Order shall not exceed ten percent of the original contract price without first obtaining the Surety's approval. If a Labor and Material Payment Bond is issued in conjunction with this Bond by the Surety, the Surety's limit of liability on both bonds combined shall not exceed the amount' of this Bond. Signed and sealed this 18th day of July 1986, (Witness) Hamilton-Chism Irrigation, Inc. (Principal) (Seal) (Title) Dependable Insurance Company, .Inc.. ( Surety) (Seal) (Witness) Attorney -in -Fact Stuart Iverson 2 'v *�,,� roto ura our. JACKSONVILLE, FLORIDA 32207 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond No. 9941 Power No. 532 KNOW ALL MEN BY THESE PRESENTS: that 5210 28th, Lubbock, TX 79407 as Principal, hereinafter called Principal, and, Hamilton-Chism Irrigation, Inc. (Here insert full name and address or legal title of Contractor) DEPENDABLE INSURANCE COMPANY, INC. P.O. Box 10169, Jacksonville, Florida 32207 as Surety, hereinafter called Surety, are held and firmly bound unto City of Lubbock, (Here insert full name and address or legal title of Owner) Lubbock, TX as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Thirty Three Thousand Eighty and 33/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 33,080.33 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated June'26 19 86, entered into a contract with Owner for (Here insert full name, address and description of project) to furnish and install all specified materials and labor for the irrigation s tem atbock Inte ati nal Airport in accordance wlt�irawings and Speacations prepared by �,7p ( eFfere'inese t full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perform- ance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- tract with the Principal, for labor, material, or both, used in the performance of the Contract, labor and material, does not include water, gas, power, light, heat, oil, gas- oline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the epiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were fur- nished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, having a direct contract with the Principal, shall have given written notice to the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or fur- nished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the ma- terials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of ninety (90) days following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by .and to the, extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Any Modification or Change Order shall not exceed ten percent of the original contract price without first obtaining the Surety's approval. The Surety's combined limit of liability on this Bond and the associated Per- formance Bond shall not exceed the amount of the Performance Bond. Signed and sealed this 18th day of July (Witness) 19 86 Hamilton—Chism Irrigation, Inc - (Principal) (seal) (Title) Dependable Insurance Company, Inc. (surety) (Seal) (Wilness Attorney -in -Fact Stuart Iverson 4 S s.r DEPENDABLE INSURANCE COMPANY, INC. N° 532 JACKSONVILLE, FLORIDA POWER OF ATTORNEY KNOW ALL MEN BY , THESE , PRESENTS,:,That the Dependable Insurance Company, Inc., a Corporation in the State of Florida, having its principal office in Jacksonville., State of Florida, pursuant to the following Resolution adopted by the Board of Directors of, the said Company on the 17th Day of September, 1984: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President ora Senior Vice Pres- ident or a Vice President of_the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Sec retary be, and that each or any of them hereby is, authorized to attest the execution_ of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and, the seal of the, Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be.valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached" does hereby make, constitute and appoint STUART IVERSON and C. LEWIS JAMES, both of DALLAS, TEXAS, each its true and lawful attorneys) -in-fact, with full power and authority hereby conferred in .its name, place and stead, °to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Specifically and only on bonds executed for bids on construction or service contracts, or for performance and/or payment bonds on construction or service contracts ,in an amount I not, exceeding $500,000.00 in any single instance, for or on behalf of this Company; in its business and in accordance with its charter, and to bind DEPENDABLE IN- SURANCE COMPANY, INC. thereby, and all of the acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney expires on July 1, 1989. IN WITNESS WHEREOF, the Dependable Insurance Company, Inc. has caused these presents to be signed by its President and its Corporate Seal to be hereto affixed: DEPENDABLE INSURANCE CO111­ MN SEAA k r C. Herman Terry, President „ State of Florida Attest: County of Duval ss' H. T. Nelson, Secretary On this 13th day of December, 1985, before the subscriber, a Notary'Public of the State of Florida in and for the County of , Duval duly commissioned and qualified, came C. Herman Terry and H. T. Nelson of the Dependable Insurance Company, Inc., to me personally known to be the individual and officer described herein, and who exe- outed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and sub- scribed to the said instrument by the authority and direction of the said Corporation, and that the By-laws of said Company, referred to in the preceding instruments, are now in force. IN TESTIMONY WHEREOF, `I have hereunto set my hand, and affixed my official seal at Jacksonville, Florida the day and year above written. 00 TA,% MARY FRANCES BAILEY NOTARY PUBLIC, State of Florida at Large My Commission Expires May 12, 1988 tate of Florida - ._.m _ -Y,... County of Duvaly' ss. CERTIFICATE I, the undersigned, Secretary of DEPENDABLE INSURANCE COMPANY, INC., a stock corporation of the State of Florida, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Au- thority remains in full force and has not been revoked; and furthermore, that Article VIII of the By-laws of the Company, as set forth in the Certificate of Authority is now in force. Signed and Sealed at the Home Office of the Company, at Jacksonville, Florida, Dated this 18 day of July A.D., 19 86 ©1984, Dependable Insurance Company, Inc., Jacksonville, Florida 7i N�0 i �'�• �tKtO •�� Secretary FORM 301 (9/84) ' _ 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 Burns Hamilton & Mike Chism 6-EE-IJ-29C Address DBA: H.C.I. Lawn Sprinkler &/or Policy No. -Workmen's or Hamilton Chism Irrigation 35-77-379 ation 7577-5Worker's Compensmpens 5210 28th Street Agent Policy No. -Other Lubbock, TX 79407 7578-37-422 This is to certify that policies for the above named insured are in force as follows: This Interim Certificate As To Evidence of Insurance shall expire thirty days from 8:00 A M., July 11, , 1916— unless cancelled prior to such date by written notice to the named insured. * Includes Moods or rrodUCTS warranty, wrlTTen Lease OT rremises, tasemenT N,greemenT, rvwmclpal vralnance Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by specific endorsement providing additional Contractual Coverage. Described Description © below waived OWNED YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER AUTO- 1983 Chev. 2ton P.U. 952 MOBILES, LAST 3 IF 1982 Chev. 2ton P.U. DIGITS COVERED SHOWN Umbrella Liability $ 2S 000 retained limit POLICY NUMBER $1,000,000 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 10 days advance notice in writing to whom this certificate is issued. Certificate issued to: Nam . City of Lubbock Address , Purchasing Dept./Lubbock Airport Project P. 0. Box 2000 Lubbock, Texas 79457 Countersigned o # # Not Applicable in Texas. Authorized Representative # # # In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. 56-051412.85 1901200/ ST PRINTED IN U.S.A. QQ M COVERAGE COMBINED LIMITS OF LIABILITY COVERED NOT AUTO COVERED LIABILITY ❑ Owned Bodily Injury $ 250 000 each person 1� ❑ Hired $ S00 000 each occurrence ❑ Non -Owned Employer's Non -Ownership Property Damage $ 100 000 each occurrence ❑ Contingent Liability Single Limit Liability for Coverages checked X above $ 000 each occurrence GENERAL LIABILITY M&C - OLT Bodily Injury $ S00 000 each person ** Owners & Contractors $ 500 000 each occurrence ® ❑ Contractual * $ 500 000 annual aggregate products **• Elevators Property Damage $ 300 000 each occurrence © ❑ Products and/or $ 300 000 annual aggregate Completed Operations , products*** Single Limit Liability for Coverages checked X above $ ,000 each occurrence $ annual aggregate 000 products * * * ❑ ® CARGO $ 000 each vehicle $ 000 each occurrence ® ❑ WORKERS' COMPENSATION Statutory * Includes Moods or rrodUCTS warranty, wrlTTen Lease OT rremises, tasemenT N,greemenT, rvwmclpal vralnance Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by specific endorsement providing additional Contractual Coverage. Described Description © below waived OWNED YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER AUTO- 1983 Chev. 2ton P.U. 952 MOBILES, LAST 3 IF 1982 Chev. 2ton P.U. DIGITS COVERED SHOWN Umbrella Liability $ 2S 000 retained limit POLICY NUMBER $1,000,000 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 10 days advance notice in writing to whom this certificate is issued. Certificate issued to: Nam . City of Lubbock Address , Purchasing Dept./Lubbock Airport Project P. 0. Box 2000 Lubbock, Texas 79457 Countersigned o # # Not Applicable in Texas. Authorized Representative # # # In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. 56-051412.85 1901200/ ST PRINTED IN U.S.A. QQ M CERTIFICATE AS TO EVIDENCE OF INSURANCE aPRIMARY ( INSURANCE) The Exchange or Company designated on the reverse side as number 2 ❑ EXCESS - TL INSURANCE) Excess over Primary with Company designated on reverse side as letter 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 . BURNS HAMILTON & MIKE CHISM Address . DBA HCI LAWN SPRINKLERS Excess Po icy or Certificate Number • 5210 28TH ST. 35 77 379 7577 51 96 LUBBOCK TX 79407 Agent I Policy Number This is to certify that policies for the above Named Insured are in force as follows: Effective from: To: at which time this certificate becomes void or continuous until cancelled if box "X" d. COVERAGE - — LIMIT(S) COVERED NOT COVERED AUTO LIABILITY INCLUDE(S) ❑ Owned BOTH PRIMARY❑ AND EXCESS Hired (if excess Non -Owned applicable) IN ❑ Employer's Non -Ownership Contingent Liability Single Limit Liability for Coverages checked 1 above GENERAL LIABILITY M&C-OLT ❑ Owners & Contractors FZ_lContractual Elevators ® ❑ Products and/or Completed Operations Single Limit Liability.for Coverages checked 0 above • -- v yr �not�t t r Bodily Injury $ 250. 000 each person $ 500. 000 each occurrence Property Damage $ 100 000 each occurrence $ 000 each occurrence Bodily Injury $ 500. ,000 each person ** $ 500. 000 each occurrence $ 500- 000 annual aggregate products * * * Property Damage $ _300. 000 each occurrence $ - annuaFaggregate- -0� products $ 000 etch occurrence $ 000 annual aggregate products ❑ nX .._,. Cargo $ 000; each vehicle $ t a900 elah';occurrence *'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 Contractural Coverage.' **Not Applicable in Texas'" *** In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. ©Described M1Description - 't F1 :f�•':j)`}f below E] waived OWNED ( YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER AUTO- J1 83 CHEV �T PU - MOBILES, IF 82 CHEV 12T PU COVERED Umbrella Li. bility, POLICY NUMBER LAST 3 DIGITS SHnwm - $ 25. 000 retained limit $1, 000.000 each occurrence $ _1,()00,000 aggregate Upon cancellation or termination of this policy for any cause the Company will rovide days advance notice in writing To whom this Certificate is issued. ' Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: Name . CITY OF LUBBOCK _ , �� uC ... e t _, o .r•, f. 9 and . PURCHASE DEPT./LUBBOCK AIRPORT PROJECT Address PO BOX 2000 LUBBOCK TX 79457 Countersigned. This Certificate supercedes any previously issued certificate. A HORIZED R 5 TATIVE 56-01873.86 1701 200 /ST PRINTED IN U.S.A. Ov M No Text CITY OF LUBBOCK MEMO 70: Jim Weston Director of Community Facilities FROM:-Ranette Boyd f it','Zorre+ary DATE: August 22, 1986 :0ur impermanent -files 'for --9.86 are 3nissing -the fo] ljowi!ng documents: Amendment to Project Agreement with the Texas Parks and .Wildlife Department--Febr-uary lB,_t9R6 Contr.act-with_LDC.Construction Company --May 22, 1986 Contract with IDC Construction Dvmpany- June _26, 3986 Contract -with Hamilton -Chi sm Irr --Jun2, _ _SE Ranette Boyd City Secretary Ra/l jb Enclosures