HomeMy WebLinkAboutResolution - 2141 - Contract - Kerr Construction - Recreation Improvements, Lake 6 - 09/12/1985Resolution #2141
September 12: 1985
Agenda item #37
MH:da
RESOLUTi0N
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 by
and between the City of Lubbock and Kerr Construction Company to furnish
and install all materials for Bid #8574, Lake 6 Recreation Improvements,
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 12th day of
ATTEST:
Ranett Boyd, City Secretary
APPR D AS TO CONTENT:
4 J' Weston, Director of Community
acilities
APPROVED AS TO FORM:
Micheld Hart, Assistant City Attorney
_ Resolution #2141
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement, made and entered into this 12th day of September
A.D. 1985, by and between the City of Lubbock, County of Lubbock, State of Texas,
acting by and through Alan Henry Mayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and
Kerr Construction Company
-P. 0. Box 888, Lubbock, TX 79408
of the City of Lubbock County of Lubbock
and State of Texas hereinafter termed CONTRACTOR.
'�lITNESSETH: 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 01r,NER to commence and complete the construction of
certain improvements described as follows: -
To furnish and install all materials for Bid #8574, Lake 6 Recreation
Improvements in the amount of $60,280.00.
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 rnar:e payment on account thereof as provided therein.
ATTEST:
cretary
CONTRACTOR
BY:
TITLE:
COMPLETE ADDRESS:
�!i�doo C
/4PA�/N
ACORD 25 (1-79)
NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES
The Shropshire Agency, Inc.
COMPANY pp
P. O. BOX 10428
Lubbock, Texas 79408
U�
LETTER ��lnited States Fidelity & Guaranty Compa
806-763-7311COMPANY
LETTER S. Fire Insurance Company
NAME AND ADDRESS OF INSURED
Kerr Construction Company, Inc.
COMPANY
LETTERexas Employers overs Assn.
1
COMPANY
P. 0. BOX 888
Lubbock, Texas 79408
LETTER
806-747-4543
COMPANY
LETTER i.
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
limits of Liability in Thousands ( 0)
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY
$ $
A
COMPREHENSIVE FORM
100061297170
1-1-86
PREMISES -OPERATIONS
PROPERTY DAMAGE
$ $
EXPLOSION AND COLLAPSE
HAZARD
10 UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
CONTRACTUAL INSURANCE
PROPERTY DAMAGE
$ 500 $
BROAD FORM PROPERTY
COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE LIABILITY
BODILY INJURY
$
(EACH PERSON)
A
®COMPREHENSIVE FORM
1 CC061297170
1-1-86
BODILY INJURY
$
®
(EACH ACCIDENT)
OWNED
PROPERTY DAMAGE
$
HIRED
®
BODILY INJURY AND
$
NON -OWNED
PROPERTY DAMAGE
500
COMBINED
EXCESS LIABILITY
'
® UMBRELLA FORM
523 408491 8
6-11-86
BODILY INJURY AND
PROPERTY DAMAGE
$10,000. $10,000
B
❑ OTHER THAN UMBRELLA
- COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
C
and
WCA97855
1-1-86
EMPLOYERS' LIABILITY
$ 100 (EACH ACCIDENT)
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
Paving Contractor
Re: Bid #8574, Lake 6 Recreation Improvements
Cancellation: Should any of the above described policies be
cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail _L5__ 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.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
DATE ISSUED: Sept,: -m h,
City of Lubbock
Lubbock, Texas
AUTHORIZED REP SENTATIVE
ACORD 25 (1-79)
PERFORMANCE BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.C.S. Art. 5160)
THE STATE OF Texas
COUNTY OF 'Lubbock
KNOW ALL MEN BY THESE PRESENTS: That we (1 ) Kerr Construction
Company, Inc. (2) A Corporation
of u oc exas hereinafter called Principal, and 3
St. Paul Fire and Marine Insurance Company of -St.-Paul
State of , hereinafter called the Surety, are
held firmly bound unto 4 City of Lubbock
of Lubbock, Texas , hereinafter called Owner, in the penal
sum of --Sixty Thousand, Two Hundred Eighty & no/100-----($ 60,280.00 )
Dollars in lawful money of the United States, to be paid in -T -5-j_
Lubbock County, Texas for the payment of
which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and
severally, firmly be these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with (6) City of Lubbock
dated the 127 day of September , 119-Y5 , a copy of
which is hereto attached and made a a part hereof, for the
construction of:
Bid #8574, Lake 6, Recreation Improvements
(herein called the "work").
These footnotes refer to the numbers in the body of Contract
above:
Date of Bond must not be prior to date of
Contract.
1
(3)
Correct name of Surety
Corporation, a Partner-
(4)
Correct name of Owner
PERFORMANCE BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.C.S. Art. 5160)
THE STATE OF Texas
COUNTY OF 'Lubbock
KNOW ALL MEN BY THESE PRESENTS: That we (1 ) Kerr Construction
Company, Inc. (2) A Corporation
of u oc exas hereinafter called Principal, and 3
St. Paul Fire and Marine Insurance Company of -St.-Paul
State of , hereinafter called the Surety, are
held firmly bound unto 4 City of Lubbock
of Lubbock, Texas , hereinafter called Owner, in the penal
sum of --Sixty Thousand, Two Hundred Eighty & no/100-----($ 60,280.00 )
Dollars in lawful money of the United States, to be paid in -T -5-j_
Lubbock County, Texas for the payment of
which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and
severally, firmly be these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with (6) City of Lubbock
dated the 127 day of September , 119-Y5 , a copy of
which is hereto attached and made a a part hereof, for the
construction of:
Bid #8574, Lake 6, Recreation Improvements
(herein called the "work").
These footnotes refer to the numbers in the body of Contract
above:
Date of Bond must not be prior to date of
Contract.
(1) Correct name of Contractor
(2) A
(3)
Correct name of Surety
Corporation, a Partner-
(4)
Correct name of Owner
ship or an Individual, as
(5)
County and State
the case may be
(6)
Owner
NOW THEREFORE, if the Principal
shall
well, truly and
faithfully perform the work in accordance
with the plans,
specifications and Contract Documents
during
the original term
thereof, and any extensions thereof
which
may be granted by the
Owner, with or without notice to the
Surety,
and if the Principal
shall satisfy all claims and demands
incurred
under such Con-
tract, and shall fully indemnify and
save
harmless the Owner from
all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise, it shall remain in
full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Lubbock County, Texas,
and that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
=� hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the
work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed and original,
this the 12th day of September , 19 85 ,
Kerr Construction Company, Inc.
r. m Principa
T, r,
- BY: nt
al ecretary P. 0. Box 888 Lubbock Texas 7 408
Address
(Seal)
Witness as to Principal
Address
ATTEST: G
i
Surety Secretary
(Seal)
Witness as to Surety
Address
St. Paul Fire and Marine Insurance Company
Surety
4
BY:
J07 V. Shrop'shilke, A70rney-in- act
P_ 0. Box 10428. _Lubbock_— T exaS-73-4-08
NOTE: If Contractor is Partnership,
bond.
f
Address
all partners should execute
PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.C.S. Art. 5160)
THE STATE OF Texas
COUNTY OF Lubbock
KNOW ALL MEN BY THESE PRESENTS: That we (1) Kerr Construction
Comoanv_ Inc_ : (2) a Corporatiou of
Lubbock, Texas , hereinafter called Principal, and 3
St Paul Fire and Marine Insurance Companv _ of Sr paIli
,State of Minnesota hereinafter called the
Surety, are held firmly bound unto 4 City of Lubbock
of Lubbock, Texas , hereinafter called Owner, and
unto all persons, firms and corporations who may furnish mate-
rials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of --Sixty Thousand, Two Hundred
Eighty and no/100-------($ 60,280.00 ) Dollars in lawful money of
the United States, to be paid in (5)- Lubbock County, Texas ,
for the payment of which sum will and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
~' THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with (6) City of Lubbock
dated the 12th day of September , 1985, a copy of
which is hereto attached and make a part hereof, for the construe -
tion of:
Bid #8574, Lake 6 Recreation Improvements
NOW THEREFORE, the condition of this obligation is such
that, if the Principal shall promptly make payment to all
claimants, as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 19599 effective April 279 1959, and as further
amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1,
effective June 2, 1969, supplying labor and materials in the
prosecution of the work provided for in said Contract, then this
obligation shall be null and void; otherwise, it shall remain in
full force and effect.
This bond is made and entered into solely for the protection
of all claimants supplying labor and materials in the prosecution
Of the work provided for in said Contract, and all such claimants
shall have a direct right of action under the bond as provided in
Article 5160, Revised Civil Statutes of Texas, 19259 as amended
2
by House Bill 344, Acts 56th Legislature, Regular Session, 1959,
and as further amended by Acts 1969, 61st Legislature, p. 13909
ch. 422, Sec. 11 effective June 2, 1969.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in Lubbock County, Texas, and
that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time,*alteration or addition
to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in
any wise affect its obligation on this bond, and said Surety does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contractor to the
work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner
** and the Contractor shall abridge the right of any beneficiary
hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of which shall be deemed an original, this
the .-- 12th day of _Sedtember , 19 85 .
Kerr Construction Company, Inc.
�x Principal
A E
President
'Cipal I S 6 cre ary
P.O. Box 888, Lubbock, Texas 79408
(SEAL)
Witness as to Principal
Address
Surety Secretary
(SEAL)
Witness as to Surety
Address
Address
St. Paul Fire and Marine Insurance Company
Surety
BY:
o n ops re, ttorney-in-Fact
P. 0. Box 10428 Lubbock Texas 79408
Address
NOTE: If Contractor is Part-
nership, all partners
should execute bond.
These footnotes refer to the numbers in the body of Contract
above:
F—Imu1 t 1r 6ax/.`fitdt't%#i
InsuranceProperly&Liathbry
,,;{ 11�$�1f�d�tis€Ftr Faze tf.l#ta,t7,i'jrtil,r.
_For verificatiori'of the't
„ gi=lij�lld
-%13tdfB¢ta113��1f1t��#"S
State of Minnesota, having Its principal office m tli
r1. #�{Sdier3,€ts€€reg,atgr.
> r;t ;1C��f���dfI�tit�r7{'ir t ftt,r`i`El �1?i
SL Paul, Minnesota 5510
r.s,eotfkt3o-t.._+,ib.iif.,+,d�(
torney, you may telephone toll free
ficate d k tho'rity No. and'the n
arned
PANY
CERTIFICATE OF
AUTHORITY
UTHORITY NO.
_
800-328-2189 and ask for
o g
individual(s}..
tt{e a
„
ria u it— l r It i it jLr i" Cur x
office of Company. seeICertification.) '
it
arme Insurance Company a corporation organized and existing under the laws of the
Tinnesota does hereby constitute and appoint:
p4
lltalf 8 �aTfs£p% tP gsE�rFls i]d a e{r. �i� r «
L$a 1 tJ ra ,ii
P
x^ z• ate =s ,,. s, ,,. p . e,.. . ., x
Saar !>ti John V. Shropshire, John V Shropshi�re, Jr.,
'ldhra.
-il"ir'gi`n'iaa`S'mith, individually Lubbock Texas
� .,a....,_. ? ,
1.;ela; f �j s it #I t-� BiFaPt'tPiilli; !€rP1-.tff )tr .1.fJtt=i r1#llittt,?r., aa:°l:tr. at>r..}l;l ,€r> ..lf= it1I iI I> 1 i I ,1t, r,i; ' 1
. y( �.:. Y Y g g ,
rts �ru�ai�dlawfu a�torne s -fin-fact to execute seal and deliver or and on its behalf as surety, an and all bonds and uudertakin s, reco mzances, contracts of
indemnity and other Gvrrtin s ob igatory in the nature thereof which ate or may be allowed, required or permitted by law, statute, rule, regulation, contract or
c as ai=s%?-t!(,f, y,a. r$.(�ira.,:, .e,3 r...s_s :..r .,Es, v.:. r.<t .. ,.
otherwise,
;flaae' pt.., i� rIr`�#I i3' €§a" li 3 r' 4 W,111
¢; Sa ¢ t
g J 1 i >}1� tl) ilr Will, Pp tl :1 p, € r
={ €7€ f tT € idgN, 111,11I 1INIllI ),18 1) 111 �k#��� 1TfWOffi�:_'.'l tt �s'.'f i{ ff121 i 9:t1?#(erd <€ 'c r
3q;€a`1'ra
3`f9f#���[it#f
0 EXCEb T PILI`Y'H ill i I i
SUM bF FIFTY MILLION
'S0 0 a ,
the
al r> C lilt, torr,"�'ilr#iirit�! ftal :t#r?1z..xlr ar,;��.?r# r
and the execution of alb such instrtirhent(s� Iii pursuance of these presents, s)iaIl "e as binding upon said St. Paul Fire and Marine Insurance Company, as fully
and amply to'ail intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Pow of Attorney is ex'dcuted andrnay'tie certified to an' maylierevoked, 'ursuant io b
and" authority P y or ty of Article' V, -Section 6(C), of .the By-Laws�
adopted6y.'trie Board of Directors 6fST.PXULFME AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970,
of which the foliowing'iso'true transcript of
saidSx' eecltsLo<nt.6it(CI:
T e Pres, ntorlany' VicerPresidentAsistantVce)resident,
9,Secretary
fot,Vkt6sgi4d.}r1 n-irI
Secretary shall have power and authority
,f ! i 1' (1) 'To appoint Attorneys -in -fact,: and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
=Ir rffi ri"Ittr b`orids and undertakings, recognizances, contracts of indemnity"and other'writings obligatory m the nature tliereof,'and
To appoint special Attorneys -in -fact, who are hereby authorized to certifyto copies of any power-of-attorney issued in pursuance of this
section and/or any of the By -Laws of the Company, and
rt,.t "O 'Tor
eruo�ye, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held ori the 6th day of May 1959 of which the following is a true excerpt
t sa r;1?3ritrf s a=1t "li*.§ 11r.ldlt.`i t i?.i,.:,ttfttl?rItt?
Now therefore tl�ie signatures of such officers and the seal of the Company'
may be affixed to any such power of attorney or any certificate relating
+I= thereto by facsi'riiile, and such'povmer of attorney oY'i erfificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified byfacsimil'e signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or`under`ta'king to which it is atfached:' "' "`` "" "
.' `��\\d111J�d1'ari
aul Fire and i?13;7?,k�iittirt ,3.:.r',s ,>TPr.i{ .as caus�1
������yR q� ,r.ft1 INTES�TItMNY WHER St. MMrne lnsiira►iee company hed tills instrument to be signed and its
r,corporate seal to be affixed by its authorized officer, thislst day of March, A D 1984
O �, tl; Ftft�lll£ +t€ �E-?l,��l€(IFt�€#(d{ �(a �..t{9 6 ;t ;,Sir f r i i t t!. ft#!a :. via t ?i; t;=r r tr `-t ( „ t{. t d.••
NEI-: PAUL FIRE AND MARINE INSU ANCE COMPANY
m, STATE OFtlV�SOA t
County of Ramsey ss
i aa.
G0. . L4 Ilfil lf1! r l€t�',f a 'aT rr` `jers€#tt � �ttj #!S # E rr tf
Am VicePresident
iia rr :rtr€; r rt ! t, t . {tt l I ft;l it 11t at,;i r,lf. , ; i? r?,rlari rrrf _ �l'l,'.,.'>
21 S t day of e p t e Ill b . r 19 8 4 before me came the individual who executed the preceding instrument, to me
On this, vita iia= all—, — � rF � _ _ a 'F
personally known, and, being` by me duly sworn; said that lielshe is the therein described =and authorized officer of St. Paul Fire and Marine Insurance
Company; that the seal affixed to said. instrument is,the Corporate Seal of Said 'Compan'y; fhat'the said Corporate Seal and his/her signature were duly affixed
byorder of the Board of`Directors eT said Company. "' `
Iltt?(ltii!-Twill" i .fl lI"fl� ,11! 1111#lt 1st# t + rr t
ii IN TESTIMONY WHEREOF !"have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
�1C rsr+ and'year first above written `
.�
Z f f t p a �� it1 a; fddt f r a
1 1a#itUttrrit iJt ,t it
MARY C CLANCY, Notary Public, Ramsey County, MN
1illt t litti(f `si ftlftt7 tlfr€1t#!i(.slatrttllErt;iPft"'My 'Commission Expires November 1, 1990
V�3. ,,�r ':
CEkTi(Fl AtibN'>titb r <a, rr l±€,ti t{v iateat €dt ;• 1>ta„z `t 1, r �; {-t #, :a_ r. .{ra. i. a, r.
i, the undersigned officer of St Paul Fi>re' and `I�Tarine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit, `and the copy of'the Section of`the ley-L'aw`s of said Cjompany 'as set forth in said Power of Attorney, with the ORIGNALS ON FILEIN THE
HOME OFFICE OF SAID COMPANY,' andr that the same arecorrect transcripts thereof, and of the whole of the said originals, and that the said Power of
Attorne has`nof been revoked andO()i)s' n{o{w m full force anti effect
��Gt M14q o f 3) �t i :3 101 3 i� i
cIAE �'�(y -ft fif F -a=1 ffl �sf lF?t. F1 f7
r ! tr=!'1f IN TESTIMONY"W14tk9dP'I have'her "r't y flan- f t' i'ss'
N eunto se m
�
riff tit �� � tr } taf•
ryysc da of September $
mv6 f?1 z !1€16t rt. y 19 y
<r. ,<t r,C[tttrf 11,1€ se Secretary
Onlya certified. copy of ower of Atigrpey bearing the Certificate of Authority No.' printedinred on the upper right corner is binding. Photocopies, carbon
copies or orther reproductions of this document are invalid and not binding upon the Company.
aitpillltf illJfJltfdr{¢rlrttt ctld7llstdity,illt i > 't:”
t }i f
ANY INSTRUMENT YSSUE13`I1V EXCESS OFTHE PENALTY AMOUNT STATED ABOVE IS To VOID ANI) WITIibUT' ANY VALIDITY.
(iltridtttt{d{tf.t
29550 Rev.'3=84 Printed m U S A
v;t€{i(. i7fiEtP ijf#ar}fieri Fz .... .-:., ., i.a.ra.a ... .J'„ .., >'< „r'C . `•
r: aaltl Pit r��#.,(, adf tifaf, l,tlar '# .f>7 ,f,irsa