HomeMy WebLinkAboutResolution - 1825 - Contract - LDC Inc - Installation Of Restrooms - 09/13/1984Resolution #1825'
September 13, 1984
j Agenda Item #42
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RESOLUTION
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 of Lubbock,
Texas, for installation of rest rooms, 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 13th day of September 1984.
ALA HENRY, t4AYUR
ATTEST:
, uity Secretary
AS TO CONTENT:
xm weston, uirector of community
acilities
APPROVED AS TO FORM:
aura J. Monr , Assistant City Attorney
Resolution 1825
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement, made and entered into this 13 day of September
A.D. 1984., by and between the City of Lubbock, ouunty of Lubbock,tate of exas,
acting by and through Alan Henry, Mayor, thereunto
authorized to do so, ereina ter referred to as OWN R, and '
Lubbock Development Co.
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:
Installation of restrooms as per bid #8095 in the amount of $27,852.00.
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 noticetodo 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 WMIESS 6"hEREOr , -r-he Par Lias to these presents have executed this coni
.� in six (6) counterparts, each of which shall be deemed an original, in the
year and day first above mentioned.
CITY OF TEBOC T
May
ATTEST:
City Secr tarp
APPS AS TO CONTENT:
F.PPROVEJ AS TO FOM:
Laura J MonroeL#ssistant City Attorney
CONTRACTOR
LAGS tz
BY:_'
TITLE: V .
ATTEST:
Secret ry COMPLETE ADDRESS:'
o �s -ze
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
FIDELITY AND DEPOSIT COMPANY
HOME OFFICES: BALTIMORE, MD. 21203
STATUTORY PAYMENT 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 DEVELOPMENT
t0�RlLY�___�yC�___________--- _________
--- - -- - - - - --- - --- - -- -
(Heeinsertthe__name and address or legal title of the Contractor)
--------------------- t--- XA
LUBBOCKTES------------
---------------------(hereinafter called the Principal), as Principal,
and ------------------- F_LDELl TY__AUD.-D EP.CS-I-I--
(Here insert the naAme o thetA—AND----------------------------------------
OSF-y)�
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 ----------------------
-------------------------Q1_T.Y_.: QF --- LU.SBIICK----------------------------------------------------------------------------------------------------
(Here Insert the name of the Obligee)
------------------------ U13159G-X+L--- T-EXA-S------------------------------------------------------- (hereinafter called the Obligee)
in the amount of ... FI-FTY-_._T-410__A_ UD --1101-110
......... ftrg i0-sU g % QugtA(WgJto the total contract price)
-
... ._-.... ----.......Dollars ($_Z.a.$S.a.Q.Q------).
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
.....13..................................... day of_._.... SEPTEMBER ............. _.19-._84•,
to
INSTALL RESTROOMS AS PER BID 08095
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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution
of the work provided for in said contract, 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 to all such claimants 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
..... ...... .............. Z ------- --------------------- day of ..... 5EP_SEM&E1R............................. 19---$4.
WITNESS:
--.--- ......................—....—..----................w-----............._.....
(IF INDIVIDUAL OR FIRM)
ATTEST:
-------- - ----------�
. .. . . .. . ................
{IF CORPO N)
......... ............................... -...................... -...
....
........................................... -.... - ...................... ..... . (SEAT')
LUBBOCK DO0EVELOPMENT COMPANY] � )
----.t�!1.—.r.__N_-----------.—.....----- —.(SEAT.)
Principal
X3 FIDELITY AND DEPOSIT COMPANY OF MARYLAND
❑ FIDELIT
--------
----.- .........
C60SOb(TX)—
Y AND DEPOSIT COMPANY
Surety
By- --- ........... . .---- -.-- _ ... --------------- -- (SE)
HOWARD COWAN ATTORNEY IN FACT
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CCMPLAINT 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. 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 or
condition of this bond. -
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
0
D FIDELITY AND DEPOSIT COMPANY
COtriparlleS HOME OFFICES: BALTIMORE, MD. 21203
POWER OF ATTORNEY
KNOW ALLMEN BY THESE PRESENTS: That the FIDELITY AND DEPo,;n, C0mPaNi OF INIARYiAND. acd 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
fGµrloc�CernandfeH.oT�1eWilkitns,f,do IlI,er lltt fttLubbock,t1Taxas,appoint
EACH�cward•Cowan.•Gertrude
e 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 ...............
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 20, 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
COMPANY this 14th ................................... day of.................... May .................................... A.D. 19.1�t...........
...................1
ATTEST: FIDELITY AND DEPOSIT COMPANY OF RYLAND
sit C � ��.-��-�-c•ce t,
.............................. Au. Secretary ..................... By ..............._....... .President r ..........................
istant
S FIDELITY ANqDEPO COMPANY
............ B ..........t............................
y....Assistant Secretary esident
STATE OF MARYLAND as:
Cm of this irth y Y 1
On this 14 da of May , A.D. 19 �+ ,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 Sealijulie City of Baltimore the day and year first above
written.
0100"....-. ._ w.. ...............
a0 NOfary I)iic
My commission expires. July...l-..,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 _specially
authorized by the Boards of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDEL(7
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 A14 -D DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of th - 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 any Power o attorney issued by the Company, shall be valid and binding upon the Company
with the same force and effect as though manually affixed.'
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this .._...... 2 8 ................
day of...S.EP TEMB.M...........,19....
1.1419&rrxt-0c-168-5 073
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-Presidentsor Vice-Presidents
specially authorized so to do by the Board of Directors or bythe 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."
, t?
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 orper-
sons 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 in-
struments and documents which the business of the Company may require, and to affix the seal of the Company thereto."
i
(Xoro, ► ►
NAME AND ADDRESS OF AGENCY
REPUBLIC. HOGG ROBINSON OF TEXAS, INC.
P.O. BOX 6800
LUBBOCK.* TEXAS 79413
NAME AND ADDRESS OF INSURED
LUBBOCK DEVELOPMENT COMPANYO INC.
P.O. BOX 65251
LUBBOCKO TEXAS 79464
COMPANIES AFFORDING COVERAGES
COMPANY A
LETTER /1
COMPANY B
LETTER B
COMPANY
LETTER
COMPANY
LETTER
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. 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 sub' to all the
tormt. PYrllleinna and—ditinne of e..ri..e. H,4i
COMPANYLimits
LETTER
TYPEOFINSURANCE
POLICY NUMBER
INCEP.
POLICY
EXPIRATION DATE
o Liabilityin
Thousan 5
EACH
DATFOCCURRENCE
AGGREGATE
GENERAL LIABILITY
A
KI COMPREHENSIVE FORM
500
3914797
5/6/84
5/6/85
BODILY INJURY
S
500 0 f 500 00
PREMISES—OPERATIONS
EXPLOSION
PROPERTY DAMAGE
S i
100 100
AND COLLAPSE
HAZARD
E]
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
OPERATIONS HAZARD
BODILY INJURY AND
CONTRACTUAL INSURANCE
PROPERTY DAMAGE
Z $
BROAD FORM PROPERTY
DAMAGE
COMBINED
INDEPENDENT CONTRACTORS
PERSONAL INJURY
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
2 5 0
B
COMPREHENSIVE FORM
540
7632225
5/6/84
5/6/85
(EACH PERSON)
=
500
pL�Q��-J�
9:1 OWNED
BODILY INJURY
(EACH ACCIDENT)
i
CJ HIRED
PROPERTY DAMAGE
T 100
KI NON -OWNED
BODILY INJURY AND
PROPERTY DAMAGE
_
COMBINED
EXCESS LIABILITY
C
p�
K] UMBRELLA FORM
525
3293791
5/6/84
5/6/85
BODILY INJURY AND
1 000 1 000
f ! S
❑ OTHERTHAN UMBRELLA
PROPERTY DAMAGE
COMBINED
FORM
WORKERS' COMPENSATION
C
and
408
338057
5/6/84
5/6/85
STATUTORY
EMPLOYERS' LIABILITY
$ 10 0 (EACH ACCIDENT)
D
ALL R i�RBLDRS
RISK
MSF4796461
6/8/84
6/8/85
LIMITS OF LIAR. $500
xA
OWNERSS 8 CONT
ACTORS
B.I. 500/500 P.D. 100/100
..n.riv yr VrCNA I IVNJ/LLIUA I IUNS/VLH I(;LES --
RES INSTALL RESTROOMS AS PER BID #80950 CITY OF LUBBOCKO TEXAS
NADDITIONAL NAMED INSUREDS CITY OF LUBBOCK, P.O. BOX 20000 LUBBOCK$ TEXAS 79457
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail ___1.111 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 DATVISSUE P.O. BOX 2000QLUBBOCK� TEXAS 79457 R 1r SBI SO OF TEXA5. I
AUTHORIZED REPRESENTATIVE
ACORD 25 (1.79)