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Home My WebLink AboutResolution - 2040 - Contract - Quality Mechanical - A/C Expansion, Auditorium - 05/23/1985MH:js RESOLUTION Resolution #2040 May 23, 1985 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 by and between the City of Lubbock and Quality Mechanical for air conditioning expansion at the City of Lubbock Municipal Auditorium, 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 Resolu- tion as if fully copied herein in detail. Passed by the City Council this 23rd day of May , 1985. ALAW HENRY, KAYOR ATTEST: Boyd, City Secr APP ED AS TO CONTENT: Weston, Director of Community Facilities APPROVED AS TO FORM: Pic e e Hart, Assistant City Attorney • `� Resolution #2040 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK May THIS AGREEMENT, me �g and entered into this 23rd— day of ---- A.D. 19__, 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 Quality Mechanical 90 N Rusk of the City of Amarillo _____________, County of Potter_ ___ and t h e 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: City of Lubbock Municipal Auditorium Air Conditioning Expansion — Base Bid plus Alternate No: 3 as per City of Lubbock Bid No. 8504 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 performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents in the sum .of $ 140,500.00 1 IN WITNESS WHEREOF, the Parties to these presents -have executed this agreement in __________________________ in the year and day first above written. CITY OF OC EXAS (OWNER) By:_ ---------- MA - - _ TES Secretary n - - --- -----_ Y Q---- TITLE:_A` O TRA R BY: --- 51�-1 COMPLETE ADDRESS: /'o. XOX TZ JO 9 5D /V. "ne 19/7'r9,elez ! 7X AP=TO T: J eston, Director of Community Facilities APPROVED AS TO FORM: Michel Hart, Assistant City Attorney 14 Quality Mechanical P. O. BOX 3249 O 90 N. RUSK AMARILLO, TEXAS 79116-3249 PHONE: 372-3421 ToN/►//�t/GNN/.^/G /G�✓,1�J L IEUTER OGS TURSOMURL DATE_ JG Gy��J%Z ATTENTION /_ WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION Z 14 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PROW 2142 ®br- ambit em uun if enclosures are not as noted, kindly notify us at once. Certificate of Insurance 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 LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES UPSHAW INSURANCE AGENCY COMPANY P.O.BOX 1299 LETTER MISSION NATIONAL INS.CO. 401 WEST EIGHTH COMPANY AMARILLO TX. 79105 LETTER B AMERICAN GUARANTEE LIABILITY INS. CO. NAME AND ADDRESS OF INSURED COMPANY LETTER QUALITY MECHANCIAL CO. P.O.BOX 3249 COMPANY LETTER AMARILLO,TEXAS 79116 COMPANY LETTER 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. COMPANY LETTER TY PE OF INSURANCE POLICY NUMBER POL ICY Limits O Ia 1 iL In Thousands EACH AGGREGATE OCCURRENCE EXPIRATION DATE GENERAL LIABILITY B CGL3052884 BODILY INJURY $ $ COMPREHENSIVE FORM 03/31 /86 ❑ PREMISES—OPERATIONS PROPERTY DAMAGE $ S EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED jjj OPERATIONS HAZARD CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $500 QJ 50a BROAD FORM PROPERTY COMBINED $ DAMAGE U INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY 500 PERSONAL INJURY $ BODILY INJURY AUTOMOBILE LIABILITY B � COMPREHENSIVE FORM AL3052887 03/31/86 (EACH PERSON) f ( BODILY INJURY s L`J OWNED (EACH OCCURRENCE) ® HIRED ® NON -OWNED PROPERTY DAMAGE $ BODILY INJURY AND �� PROPERTY DAMAGE 1 COMBINED EXCESS LIABILITY A ®MH046B14 UMBRELLA FORM 04:/01/BC G� /�/� 4il BODILY INJURY AND 30YlK!• q �/� 3030 PROPERTY DAMAGE s s ❑ OTHER THAN UMBRELLA ' FORM COMBINED WORKERS' COMPENSATION and STATUTORY B EMPLOYERS'LIABILITY WG3052890 03/31/86 ,i s 100 (EACH ACCIDENT), OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Caneellafion: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _10__ 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 CITY OF LUBBOCK LUBBOCK COUNTY, TX DATE ISS ATIVE FAIRMONT INSURANCE COMPANY Burbank, California TEXAS -PUBLIC WORK BOND No. F B 0 0 6 4 31 PREMIUM: 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, Pantex Plumbing, Inc. dba Quality Mechanical, Box 64207, Lubbock (hereinafter called the Principal), as Principal, and FAIRMONT INSURANCE COMPANY, a California corporation duly licensed under the laws of Texas, (hereinafter called the Surety), as Surety are held and firmly bound unto the City of Lubbock, Texas (hereinafter called the Obligee), in the amount of 0 n e Hundred Forty Thousand Five Hundred and No/100------------------------- Dollars ($ 140,500.00 )� 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 30th day of M a v 19 85 to construct auditorium air conditioning expansion, Lubbock, Texas 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 documents, 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 as amended by Acts ofthe 56th Legislature, 1959, and all liabilities on this bond shall be determined in accor- dance with the provisions of said Article to the same extend as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30th day of May 19 85 , Pantex Plumbing, Inc. dba WITNESS: Quality Mechanical (Seal) Principal B � (IF INDIVIDUAL OR FIRM) (Seal) ATTEST: (IF CORPORATION) (-Seal) (Seal) ............... FAIRMONT INSURANCE COMPANY Surety Gal) -_ o e o v i n g n, Aaorneys Fact a' COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the BOND NO. v R n n A,'A 1 . If the problem is not resolved, you may also write the State Board of Insurance, Department "C",1110 San Jacinto, Austin, Texas 78786. This notice of complaint procedure is for information only and does not become a part of condition of this BOND NO. F B 0 0 6 4 31 5345 TEX (3-85) FAIRMONT INSURANCE COMPANY Burbank, California POWER OF ATTORNEY KNOB' ALL MEN BY THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California CorFwation, does hereby make, constitute and appoint ROBERT COVINGTON-----------------------_—� _ -- OF AMARILLO, TEXAS as its true lawful Attorneys) -in -Fact, with full power and authority. for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature therof, as follows: -' Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice president, the chief financialo icer, ort the secretary o the corporation may appoint attornevs-in•fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the'nature thereof and any of said oficers may remove any such attorney-in-fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation int the nature thereof shall va]iT-a-n—d binding upon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duty attested and sealed, if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is ree�uired, by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INS[,RANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to anv power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal, when so used, being hereby adopted by the corporation as the on 'nail signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with tl�e same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985 iy r'O f �LpRI' ��E4 SCO �s APR. 10 -Z. 1970 .t=- �,/IlftHfl/1/1�• FAIRMONT INSURANCE COMPANY By Signature Ilenr1, F. tr'right, ViG Pres=4e ,., v Printed in U.S A SFA:)' (3/85) -:e ».ao.:..,.....• �.7" I"'•".' ..+r`""'�?f"SZ'R�° ^o'"e'+tc'R��-*�t�J.v: ,.x ...r�r- - Y 'sa•".!'� ,.,. ,^'-+��' 't:l-"'-�3 w,.^'nta F '-�wnir.,.MYSC< .role z'.►—.s�a�wa..r': .��.•..�-.,� State of California ss. - County of Los Angeles Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that he/she resides in the State of California; that he/she is the duly elected vice president of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed his/her name thereto by like authority. Subscribed and sworn to me this 22nd day of f March '1985 . OFFICIAL SEAL ' HARRIET LAMBELL y NotarPublic in and NOTARY PUBLIC—CALIFORNIA ') PRINCIPAL OFFICE IN for said County and Stater Fi LOS ANGELES COUNTY Commissim Expires Apr. 27,1983 CERTIFICATION I, Trude A. Tsujimoto the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this 30th day of May , 19 85 . f•'�Q�aL;.'•. Cosa oTie:Assistant tart' 'i APR. lOali== oe, /� �• 1970 f CALIV++ Ori inated by: C. Date of Origin: o g May � r i r.AS Surety Manager