Loading...
HomeMy WebLinkAboutResolution - 2025 - Contract - LDC - Landscaping & Irrigation, Auditorium/Coliseum - 05/09/1985MH:js DCcni IITTnhi Resolution #2025 May 9, 1985 Agenda Item #35 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 Lubbock Development Company to furnish and install all materials and labor for landscaping and irrigation at the auditorium/coliseum, 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 4th day of May , 1985. ALAN YiNfWq MA R ATTEST: anette\.Boyd, City APPROVED)AS TO CONTENT: J' Weston, Director of Community 'Facilities APPROVED AS TO FORM: -Aichfde Hart, Assistant City Attorney .ti Resolution #2025 b. CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK This agreement, made and entered into this 9 day of May , A.D. 1985, by and between the City of Lubbock, ounty of Lubbock, tate o Texas, acting by and through Alan Henry , Mayor, thereunto authorized to do so, ereina ter referred to as NAM-, and lubback development Company P.O. Box 65251 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 materials and labor for landscaping and irrigation at the auditorium/coliseum as per bid #8497 in the amount of $111,585.00 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, 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 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. l ATTEST: City ecretary__- APPRO S TO CONTENT: APPROVED AS TO FORM: ATTEST: ecr tary CITY OF LUBBOCK, TEYAIS Ma r CONTRACTOR BY: TITLE:y COMPLETE ADDRESS: A. 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 LUBBOCK DEVEGOPN4_ N T- COMPANY, INC. (Here insert the name and address or legal title of the Contractor) ------------------- �,--�5.-.__-_-_--__---_----____-------_---__----_(hereinafter called the Principal), as Principal, and-------------- F-MEIL ------------------------------------------------------------- (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---------------------- -------------------GITY -OF ----...._...---------------•-------------------------•---------•------------------------- (Here insert the name of the Obligee) ------------------ �- 2'EXA-----------•----•-----------------------•--------------------------(hereinafter called the Obligee), in the amount of__HL1ND.?k__7tQU?.k'_IRED_EIGfiTY_FIVE-AND _NO/100---_ (Here insert an amount equal to the total contract price) _MMM—------- ---------------------- ...Dollars (�.111,�585._00- ) 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 "--..............._...------•-----9_............._......................---day of ------- -...... MAY .................................................... ...._._._19_.8 - to FURNISH AND INSTALL ALL MATERIALS AND LABOR FOR LANDSCAPING AN IRRIGATION AT THE AUDITIORIUM / COLISEL24 AS PER BID #8497 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 . ........................ _....... 2B ... ................. day of------------ ........................................ 19.85--- WITNESS: ..................................................................... . —.._..(SEAL) -----------•----------•-------•---------------------------------------•------------......................... ....... _......................... -.(SEAL) (IF INDIVIDUAL OR FIRM) ATTEST: LUBBOCK_ DEV_F�L_�OPH= C01''IPANY,-INC.._(SEAL) _-------------- ------- - - - - ----- - . ..... ---- --- _�.M_._.� ....- - (IF CORPORATION) Principal (2 FIDELITY AND DEPOSIT COMPANY OF MARYLAND, - M FIDELITY AND DEPOSIT COMPANY ety ._-.-------...------ ------- ------------------------------------- ------------------- By-- - . _.------....-----------.... -..... _-(S�-) C6f149a(Tx)— H CC71N ATTORNEY IN FACT The FIDELITY AND DEPOSIT COMPANY OF MARYLAND o D FIDELITY AND DEPOSIT COMPANY Comparties HOME OFFICES: BALTIMORE, MD. 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. ................. c�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......... n 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 Howard Cowan, etal, dated, July 200 1983. 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............................JAth.......................... day of ...................... MAY ................................. A.D. 19..8.4 ......... ATTEST: FIDELITY AND DEPOSIT COMPANY OFNARYLAND 1C&4 ............, ••....I ....................................................... Al3WL6nt.SCCr........... By ......... UR .............. .Ire. kay FIDELITY AND DEP IT COMPANY SEAL ......���-� ............. By ..................... f .............. ......... Assistant Secretary Vice -President STATE OF MARYLAND �. CITY OF BALTIMORE On this 14th day of May , A.D. 1984 , 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 same, and being by me duly sworn, severally 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 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 S,ty of t' ore the y year first above written. o • .� otary Public My commission expires .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 speciall authorized by the Boards of Directors to �appppo�int any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDEL! 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: "that the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of an Power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually a fi:edY' IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ............28 ..... _....... MAY 85 dayof. ....... ............................. 1 19........... ... ... �. .. �ry--.... L141%(Tx)-GL 168-5073 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK PRODUCER REPUBLIC HOGG ROBINSON OF TEXAS, INC. P.O. BOX 6800 LUBBOCK, TEXAS 79413 INSURED LUBBOCK DEVIIAPMEW COMPANY, INC. P. O. BOX65251 LUBBOCK, TEXAS 79464 ISSUE DATE (MMIUU/YY) 5/28/85 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS EXTENDNO RIGHTS R AT ER THE CON THE IFICATE HOLDER. THIS VERAGE AFFORDED BY TTHEIFICATE POLICIEDOES B LOAMEND, BELOW. COMPANIES AFFORDING COVERAGE °COMPANY A UNITED STATES FIRE INSURANCE CO. POLICY EFlTCiIVE CLE:OMPANTTER Y B THE NORTH RIVER INSURANCE CO. EACH AGGREGATE M URRE CO COMPAN LETTER Y C NATIONAL SURETY CORPORATION COMPANY p DATE (MM/DD/YY) LETTER CL.ETTER Y E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 CONDI- DESCRIPTION OF OPERATIONS/LUUAI IUNWVt11jt,Lr-. 10r=�]nc Re: LANDSCAPING AM IRRIGATION AT THE AMITOpMWCOLISEUM AS PER BID #8497 *NAMED IlVSU'ED: CITY OF LUBBOCK, P. O. BOX 2000, LUBBOCK, TEXAS 79457 CITY OF LUBBOCK P.O. OX 2000 LUBBOCK, TEXAS 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ILI DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, qrS AGENTS ORNPRESEMATIVES. L REPMLIC HOGG ROBASON OF TEXAS, INC. POLICY EFlTCiIVE POLE EXPIRATION LIABILITY LIMITS IN THOUSANDS EACH AGGREGATE M URRE CO TYPE OF INSURANCE POLICY NUMBER DATE (MIAWNY) DATE (MM/DD/YY) LT 5/6/85 5/6/86 INJURY $ $ GENERAL LIABILITY A X COMPREHENSIVE FORM 500 4697788 X PREMISES/OPERATIONS DAAMMAGETM $ $ UNDERGROUND EXPLOSION & COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS BI & PD COMBINED $ 500 $ 500 X CONTRACTUAL INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE PERSONAL INJURY $ PERSONALINJURY PERSONAL I pRo=IVE LIAB. 540 77265 5/13/85 5/13/86 B.I. 500 500 * ('1�iTgAG'm KM KR MUNI JL $ AUTOMOBILE LIABILITY B ANY AUTO ALL OWNED AUTOS (PRN. PASS.) 540 7699545 5/6/85 5/6/86INM emu$ ALL OWNED AUTOS PRIVRPASSN) (PER AMDDM HIRED AUTOS DAMAGE $ NON -OWNED AUTOS GAME LIABILITY RAG BI & PD COMBINED $ 500 EXCESS LIABILITY 523 4085738 5/6/85 5/6/86 BI & PD COMBINED 1 000 1"1000 $ r $ A UMBRELLA FORM OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION 408 3598883 5/6/85 5/6/86 $ (EACH ACCIDENT) A AND (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE -EACH EMPLOYEE) OTHER MSF 6/8/84 . 6/8/85 $500 limits of liab. C ALL RISK BUILDERS 6/8/85 6/8/86 $500 limits of liab. RISK 3744463 A DESCRIPTION OF OPERATIONS/LUUAI IUNWVt11jt,Lr-. 10r=�]nc Re: LANDSCAPING AM IRRIGATION AT THE AMITOpMWCOLISEUM AS PER BID #8497 *NAMED IlVSU'ED: CITY OF LUBBOCK, P. O. BOX 2000, LUBBOCK, TEXAS 79457 CITY OF LUBBOCK P.O. OX 2000 LUBBOCK, TEXAS 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ILI DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, qrS AGENTS ORNPRESEMATIVES. L REPMLIC HOGG ROBASON OF TEXAS, INC.