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HomeMy WebLinkAboutResolution - 1768 - Contract - LDC - Renovation, Mae Simmons Community Center - 07/26/1984I Resolution #1760 Agenda Item #45' 07J26/84 MG:js 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 between the City of Lubbock and Lubbock Development Company for the renovation of Mae Simmons Community Center, 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 26th day of duly , 1984. Ranktte Boyd, City Secretary APPROVED AS TO CONTENT: �a2 Bob Cass, Assistant City Manager APPROVED AS TO FORM: Micpele Glisar,-Ws-sistant City Attorney zz__ vz--g ALA HENRY, MAYOR { /- bb°cK the S°� ti ara �oC tiu of Ev e� Coll a °�acv e So'aoo has GQ ,�eXas a, `arch spay \ as No °arty , a w ova ek C an • ,�� `$g�CMCKe av{ i 1,�b�'°° had S °a h'S� a� L�b� e 0 'i 9 E S� OF Lrrt� �W�\ of the a�a sa serr opy °� 0t� $� a<ea 1�she�s eQ°�e Cs� �� ecru nmv apa� °`v p�otrCa�a a tibc me a� ' eeks awes ea copy he_11 t pva�an1Sy�,5 � L �Qr �Pti Co Jnit M NC�� S Co p°Ca`,or aav °k e< eISpap e me Lh`S ��ag�eS�eCa obey°C So��b ea a�a s�oCo � S�bsct`b � G s *. CONTRACT ATE OF TEXAS ti SUNTY OF LUBBOCK This agreement, made and entered into this 27 day of Jul of Lubbo� ate 0 7 xas, A.D. 198A by and between the. City of Lubbock, ounty � Mayor, thereunto acting by and through Alan Henry authorized to do so, hereinafter 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: Renovation of Mae Simmons Community Center as pe94b239id #0044 for base bids plus alternates, # s 1,2, & 3 in the amount 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 make payment on account thereof as provided therein. . u IN ` l:IESs WPEREOF, the parties to these presents have executed this ca `�. in six (6) counterparts, each or which -shall be deemed an original, in the year and day first above mentioned. CITY OFUBBOCK, ATTEST: Mayor , Alan my Cit .Secretary AP. ED AS TO CONTENT: Ji Weston, Director of Community acs res APPROVED AS TO FORM: Mi le Glisar: Irssistan i y Attorney CONTRACTOR BY: TITLE: \J� ATTEST: S e c r e ary COMPLETE ADDRESS: 'v„Bax �� z < �� ; 7`x 7 y�GsL 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 ---------------- LU BBOC K __DEVELOPMENT __COMPANY,____I NO, - -------- -------------------------------------- ---------------------- - - -- - - -- ---- - -- - - (Here insert the name and address or legal title of the Contractor) ______________________LllB_aGCK.,.-.IEXAS._-•___•__--.__-_-___•-__-----___--•(hereinafter called the Principal), as Principal, and -----------------FJD_ELITY--"D---DZPO.S.�T-iie %jaN - -L-�F ra,AR-'LAND------------------------------------------ ( ere 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__________________ -------------------- C1_LX--- QF --- L_UBBQCKo-_-P,.A.._HOX__2QD_Q�r._LUHBOCK-,.__T-EXAS--- 794-57----------------- (Here Insert the nine of the igee) -----------------------------------------------------------------------------------------------------------------(hereinafter called the Obligee), in the amount of ---- INE_T.Y_•_FQ.UR--- THOUSAND ___TI O--- HUND11ED--- IHIRTY --- NINE __A=__XQ1__-1D_0— inthea--unto-----NINE_T.YH_r_is3sVr—aiSAu-t-q:alLo LhLttalZutHct -rice) Dollars 9 4.. 2 3 9. 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 --- -------------------------------- ------ 91 -------------------------------- day of. ._•......J LII.-Y-.......---....-....--------------.............------------.19.•.8 4 to RENOVATION OF MAE SIMMONS COMMUNITY CENTER AS PER BID #8044 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 ------------------------ 6 ---- ---- ----------- - -------- day of ------------- A 0 lsl S T --------------.....----......19... $ 4_ WITNESS: ......... —.... ........... —.... -..—._...—........ ......... _.--- ............... ... (IF INDIVIDUAL OR FIRM) ATTEST: '(IF CORPORATION) ------- ----------------------------- -------------------------- - --- - -------- (SEAL) .......................... ...................... — .................. _(SEAL) LUBBOCK DEVELOPMENT COMPANY.(g). --•±-------- Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND ❑ FIDELITY AND DEPOSIT COMPANY Surety - Y •E . A1::1ZUCK"El�_-- ...- - ---------...-(SEAL) c6050b(rrx)— ATTORNEY IN FACT 19 �7j , • a a ' ►d x r No. b `C ON BEHALF OF a� O >� b TO co -0O � k Oci ��►' O G� 00 O C � a HOGG ROBINSON OF TEXAS, INC. REPUBLIC 3101 34th.STREET, P. 0. BOX 6800 LUBBOCK, TEXAS 79413 806/192-6892 ., .., sr The FIDELITY AND DEPOSIT COMPANY OF MARYLAND o FIDELITY AND DEPOSIT COMPANY i HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANI OF MARIi AND. 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 pursuanc& 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 001 force and effect of the date thereof, do hereby nominate, consti!nt., and appoint Howard Cowan, Gertrude Urocker and H. T. Wilkins, III, all of Lubbock, Texas, EACH... ...,,, Ore 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 ............... A—hil7the 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.................... tW.................--........._.......A.D. ig.84 ........... ................................................ ATTEST: FIDELITY AND DEPOSIT COMPANY OF RYLAND SERC eLo .................................................................. By.........................................r--........................ Assistant Secretary President `sem FIDELITY ANq-Pesi&w COMPANY Lo ............................................................... By............t...................... Assistant Secretary STAIEOFMARYLAND as: CITY OF BALTIM91jEth On this 11((}} day of May , A.D. 19 84 , 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 Seal he City of Baltimore the day and year first above written. ......................... ae - Notary blit - ' My commission expires . Jul-y.__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_peciall authorized by the Boards of Directors to appoint any Attorneyin•Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDEER. 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 Power of 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 ...........6........ .... day of---Aii.CY.U.S.1...................... 19..81.4... ................ .... ...... ... .. ........:.. .................... A Secretary taatv,mq—ar.-168-5 07 3 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 7 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 DEPOSITCOMPANY "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 appointResident Vice=Presidents, Assistant Vice -Presidents, Resident Assistant Secretaries and Attomeys-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." y 5 NAME AND ADDRESS OF AGENCY REPUBLIC HOGG ROBINSON OF TEXAS, INC. COMPANIES AFFORDING COVERAGES P.O. BOX 6800 LUBBOCK TEXAS 79413 ETMTER Y � COMMONWEALTH LLOYDS NAME AND ADDRESS OF INSURED LUBBOCK DEVELOPMENT COMPANY, INC. P.O. BOX 65251 LUBBOCK, TEXAS 79464 This is to certify that policies of insurance listed below have been issued to the of any contract or other document with respell to which this certificate may CPANY LETTEROMB NORTH RIVER INSURANCE COMPANY LETTER C UNITED STATES FIRE INSURANCE COMPANY LETTER D NATIONAL SURETY CORPORATION COMPANY C LETTER 16 ed named above and are in force at this time. Notwithstanding any requirement, term or condition ;sued or may pertain, the insurance afforded by the policies described herein ie nuh;ert to .11 the COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY Limits Of Liabili in Thousan S EACH AGGREGATE OCCURRENCE EXPIRATION DATE GENERAL LIABILITY A ® COMPREHENSIVE FORM 500 3914797 5/6/85 BODILY InuuRv 6 500 6 500 ® PREMISES—OPERATIONS ❑ EXPLOSION AND COLLAPSE PROPERTY DAMAGE E 100 $ 100 HAZARD ❑ UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND BROAD FORM PROPERTY ® PROPERTY DAMAGE $ $ DAMAGE ® COMBINED INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY s 250 B COMPREHENSIVE FORM 540 7642026 5/6/85s (EACH PERSON) 500 © OWNED BODILY INJURY (EACH ACCIDENT) ® HIRED PROPERTY DAMAGE ® $ 100 BODILY INJURY AND PROPERTY DAMAGE NON -OWNED $ EXCESS LIABILITY COMBINED C UMBRELLA FORM 525 3293791 5/6/85 BODILY INJURY AND x, 00 0 6 1 0 0 0 ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE 1 FORM COMBINED WORKERS' COMPENSATION C and 408 338057 5/6/85 STATUTORY EMPLOYERS' LIABILITY s 10 O (EACH ACCIDENT) OTHER D ALL RISK BLDRS RISK MSF 479 64 61 6/8/85 LIMITS OF LIAB. $500 ^A OWNER'S 8 CONT ACTORS 500 3914797 5/6/85 B.I. 500/500P.D. 100/100 RE: RENOVATION OF MAE SIMMONS COMMUNITY CENTER #8044, LUBBOCK, TEXAS ADDITIONAL NAMED INSURED: 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 LLU 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 8/6/84 P.O. BOX 2000 LUBBOCK, TEXAS 79457 REPUBLIC HOG INSON OF TEXAIS, ,I AUTHORIZED REPRESENTATIVE ACORD 25 (1-79) CITY OF LUBBOCK, TEXAS NOTIC +_TO PROCZ D Lubbock Development Company_ P.O. Box 65251 Lubbock, Texas 79464 Contract No. 55-0001-40003-00 Date July 30, 1984 Project No. 55-0001-40003-00 Location 23rd Street and oak Pursant to the terms of your contract, dated July 26, 1984 , for Mae Simmons Community Center -Renovation for Project N0. 55--U-001-4000--n you are hereby notified to commence work thereunder the start of business on A,aust�9, lgg�. The Time for Completion. set forth is the contract is 20 calender days, including the starting day, which establishes December 7, , 19 84 as the completicn date. Please note carefully and fulfill the requirements of the General Conditions relative to the submittal and approval of Workmen's Ccopensation and Manufacturers' and Contractors' public liability insurance. You are informed that _ Scott Snider has been appointed Contracting " Officer and is duly authorized to administer your contract :or, and is the name Of , this The City of Lubbock Under separate cover, there is being forwarded to you one executed set•of Contract Documents, consisting of the Contract, Perfromance and Payment Bond, Specifications and Drawings. You are instructed to submit for our approval a breakdown of your contract price on the enclosed forms without delay. Please acknowledge' receipt of the Notice by signing and dating, and return all carbon copies promptly to this office. 'ACCEPTED By Title {� Date �\� 1 Very truly yours. City of ibocYT By _ZQ Sn id.Pw�..� Title Superintendant of Parks Development Samuel' J.,° Barela Office Manager Trevor Ford & Associates Architects & Interiors