HomeMy WebLinkAboutResolution - 1826 - Contract - LDC Inc - Park Equipment, Various Locations - 09/13/1984LJM:js
RESOLUTION
Resolution #1826
September 13, 1984
Agenda Item #43
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, to furnish and install all materials for park equipment at various
locations, attached herewith, which shall be spread upon the minutes ofhe
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.
A HENRY,-AAY
• T Tr'fT
, ulty
APPRPVq AS TO CO TENT:
. Xa.
Plild Weston, Director of Community
acilities
APPROVED AS TO FORM:
4-1j,4e2- ) 1qUu,4a-,X,-
aura J. Mon o , Assistant City Attorney
Resolution.1826
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,ou�nt-yof Lubbock,tat lexas,'
acting by and through Alan Henr , Mayor, thereunto
authorized to do so, ereinafter 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 thea
p yments 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 for park equipment at various
locations, as per bid #8096 in the amount of $86,055.00.
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 'WMANESS WHEREOF the-
pa.tzai to these presents have executed this con
'.; in six (6) counterparts, each of which shall be deemed an original, in the
year and day first above mentioned.
CITY OF L" BOOR, T
ATTEST: Mayo
City Secrecar _.
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
l�G�LQ �6z•�..
Laura J. Mon , Assistant City Attorney
CONTRACTOR '/ J
BY:�--.�Y
TITLE: --
AT TZ'S T
ITLEtATTEST
e-cr tary COMPLETE ADDRESS:
o,. IeS LS
K
. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
FIDELITY AND DEPOSIT COMPANY
HOME OFFICES: BALTIMORE, LVID. 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,.----- LUBBOCKDEVELOPMENT COMPANYJ* --- INC. ------------
(were
- - - - -- - - -- - - -
(Here Insert the name and address or legal title of the Contractor)
•_--____-_-•___LUBBOCK�____TEXAS-_--___--___•---------------•_______--__--_(hereinafter called the Principal), as Principal,
and --------- F_IDEL_I_TY__ARD__DEP__OS_I_T__COMPANY--- OF --- MARY -LAND _________________________________________________-
(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 ----------------------
----------------- C.LTX-•OF --IXBBOC.K....-..------------------------------------------•----------------------------------------------------------
(Here insert the name of the Obligee)
.................LUBBOC•---------------
! t.JEXAS (hereinafter called the Obligee),
in the amount of IGHTY SIX THOUSANDI___F I FTY_ FIVE_ AND._N0/ 100--------------
- -------••-•---------- - - - -------------------------------------
(Here insert an amount equal to the total contract price)
-----------------------------------------------
- - - -... - ----- .Dollars
for the payment wher-eof-, "t -e 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 EP T EM B ER ........................................... 19--$
to
FURNISH AND INSTALL ALL MATERIALS FOR PARK EQUIPMENT AT
VARIOUS LOCATIONS, AS PER BID #8096
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
--------------- - 2.8 - - - -----------•--.day of ............SEPTEMBER •-----------19•-- 84
WITNESS:------------------------------•-•-----•---................._..-------..........(SEAL)
..---------- _.-------- ..
------.------...-•-.----------------------------•---------.......-•----•...---•--...............-----...._..----..............:........ (SEAL)
(IF INDIVIDUAL OR FIRM)
ATTEST: LUBBOCK DEVELOPMENT COMPANY,( �.
--- ••-•-•..------.- -(S�)
(IF C'ORPORAT N) - Principal .�
® FIDELITY AND DEPOSIT COMPANY OF MARYLAND
[-I FIDELITY AND DEPOSIT COMPANY
�sy
-- - ----------------------------
C6049a(TX)—
-._.._...._.._.. - - By -
_H'071 AkU... WAF7-' -A'f Ti51�TdEv"'7Tl'- f
Na E
ON BEHALF OF
O
oa°�
TO
0
y 0
��..
z�.
do
00
----------- - - - -- v
. OP"LAINT 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
c D FIDELITY AND DEPOSIT COMPANY
Coffipar-jes HOME OFFICES: BALTIMORE, MD. 21203
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the RDELITY AND DE:Ptt�IT COMPANY OF MARYiANIt.. 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 0)mpanies, which are set forth on the reverse side hereof and are hereby certified to be in
f ll force and effect of the date thereof; do hereby nominate, consti!!tta, and appoint Howard Cowan, Gertrude
Crocker and H. T. Wilkins, III, all of Lubbock, Texas, EACH.. ..
tie 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 ...............
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. 19.64 ...........
ATTEST: FIDELITY AND DEPOSIT COMPANY OF RYLAND
t —
SEl4L � � �
. s .....................lois..... Seer........ `................. By ....................... :President r......
clay
FIDELITY AN4DEPO COMPANY
co
....................... B.... ..........................
y. ..t-
Aoistant Secretary esident
STATE OF MARYLAND as:
CITY OF BALTntirth Y Y Mary
On this 1144 da of May , A.D. 19 8� ,before the subscriber, a Notary+ Public of the State of land, is 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 affined 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 �IicialSeahe City of Baltimore the day and year first above
written.
... A.. .......................«.
ao � Notary 61ic
s
L, My commission expires . July ..la ... 1986 .................
CERTIFICATE
1, 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 s�ppeci�a�llyy
authorised 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 F113ELiTY�,
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 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 ower o attorney issued by the Company, shall he 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 ........Z 8 ..... , ......
day of ...... S.EP...TEMBER......... . ig..8.4..
t,4iv,tnu—uc-168-5073 A
. .....-
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 -Presidents or` Vice -Presidents
specially authorized so to do by the Board of Directors or by; the 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."
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY ,
'!Article VI, Section 2. The President, or any one of the Executive Vice -Presidents, or anyone 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 tie '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 or per-
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."
f {.
-
_
;f
COMPANYI
NC E P
POLICY
Limits o L bili
in Thousands
EACH AGGREGATE
OCCURRENCE
LETTER
TYPE OF INSURANCE
POLICY NUMBER •
DATE
EXPIRATION DATE
GENERAL LIABILITY
A
®COMPREHENSIVE FORM
O
500 3914797 5/6/04
5/6/85
BODILY INJURY
f f
500 500
® PREMISES -OPERATIONS
PROPERTY DAMAGE
f f
E] EXPLOSION AND COLLAPSE
100 100
HAZARD
❑ UNDERGROUND HAZARD
PRODUCTS/COMPLETED,
OPERATIONS HAZARD
BODILY INJURY AND
OS J CONTRACTUAL INSURANCE
PROPERTY DAMAGE
f f
BROAD FORM PROPERTY
COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY f
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
i 250
B
COMPREHENSIVE FORM
540 7632225 5/6/84
5/6/85
(EACH PERSON)
BODILY INJURY
$ 500
OWNED
(EACH ACCIDENT)
HIRED
PROPERTY DAMAGE
f
NON-OWNED
BODILY
BODILY INJURY AND
DAMAGE
f
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
C
UMBRELLA FORM
p
525 32937.91 5/6/04
5/6/85
PROPERTY DAMAGE
$1.,000 $1,000
OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
C
and
408 338057 5/6/84
5/6/8 5
EMPLOYEL1ABILITY
:
ion (EACH ACCIDENT)
LIMITS OF LIAR. $500
D
ALL RiVfRBLDRS
RISK MSF4796461 6/8/8
6/8/85
XA
OWNER'ST CONT
ACTORS
16
4797
5/6/85
B.I.500/500 P.D. 100/100
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
RE: FURNISH AND INSTALL ALL MATERIALS FOR PARK EQUIPMENT AT VARIOUS LOCATIONS
AS PER BID #80960 CITY OF LUBBOCK0 TEXAS
XADDITIONAL NAMED INSURED: CITY OF LUBBOCK, P.O. BOX 2000, LUBBOCKO TEXAS 79457
Cancellation: Should any of the above desgned policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 0U 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 DATE ISSUED:_
P•0. BOX 2000
LUBBOCK.* TEXAS 79457 R P LIC
ACORD 25 (1-79)
�`E76iNSON OF TEXAS, I
AUTHORIZED REPRESENTATIVE