HomeMy WebLinkAboutResolution - 1448A - Contract - Plains Pump Company - Fuel System, South Service Site 84Th & Ave Q - 08/11/1983r
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RESOLUTION
RESOLUTION 1448
Bid 7507 -
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
8/11/83
(fuel system)
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 with
iPlains Pump Company for the purchase and installation of a fuel system at the
;South Service Site, 84th Street and Avenue Q, a copy of such contract is
'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
11th day of August , 1983.
E. .TACK tROWN, 'MAYOR PRO TEMPORE
ATTEST:
I
Evelyn G ffg , Cit S c ary -Treasurer
jAPPROV 0 CONTENT:
I
I
Bit Payne, Director of Administrative
;Services
!APPROVED AS TO FORM:
!Susan M. Horton, Assistant'City Attorney
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
RESOLUTION 1440- 8/11/83
Bid 7507 - (fuel system)
!TY
THIS AGREEMENT, made and entered into this .11th day of August, A.D. 1983,
by and between the City of Lubbock, County of Lubbock, State of Texas, acting
by and through E. 'Jack Brown, Mayor Pro Tempore, thereunto authorized to do
so, hereinafter referred to as OWNER, and Plains Pump Company 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 agree-
ments 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 installation
of certain improvements described as follows:
A fuel system at the South Service Site, 84th Street and Avenue Q
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
installation 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 in
the sum of $77,504.00 (Seventy Seven Thousand Five Hundred Four Dollars.)
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock in the year and day first above written.
ATTEST:
Evelyn Gaffga, City S tary-Treasurer
APPROVED AS iO /CONTENT:
Bill/'Payne,"Director of Administrative
APPROVED AS TO FORM:
;W& % - 446zy
Susan M. Horton, Assistant City Attorne
ATTEST:
A'�"O' A,
Se retary
CITY OF LUBBOCK, TEXAS
>/.;)
E. JACK BROW9, MAYOR PRO TEMPORE
COMPLETE ADDRESS:
PLAJNS PUMP COf
P. 0. D aA37
LUBBOCK, TEXAS. 79417
PERFORMANCE BOND
• (Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.T.S. 5160)
THE STATE OF Texas
COUNTY OF Lubbock
KNOW ALL MEN BY THESE PRESENT: That we (1) Plains Pump Company
(2) individual of Lubbock, Texas
i
hereinafter called Principal an& (3) United States Fidelity and Guaranty Co.
of Baltimore , State of Maryland , hereinafter
called the Surety, are held and firmly bound unto (4) _City of Lubbock
of Lubbock. Texas , hereinafter
called Owner, in the penal sum of Seventy Seven Thousand Five Hundred Four
and no/100---------------------------( $ 77,504.00 ) Dollars in
lawful money of the United States, to be paid in (5) Lubbock Cty, Texas, for
the payment of which sum well and truly to be made, we bind ourse ves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6)
Cit4 of Lubbock, Lubbock County, Lubbock, Texas
The Owner, dated the 2nd day of septemoer'
a copy o
ed and
which is hereto attach—made a pari hereofor the consTruction,of:
A fuel system at the South Service Site, 84th Street and Avenue Q
(herein called the "work").
These footnotes refer to the numbers in body of contract above:
Date of bond must not be prior to date of Contract
(1) Correct name of Contractor
(2) A Corporation, a Partnership or an Individual, as case may be
(3) Correct name of Surety
(4) Correct name of Owner
J5� County and State
6 Owner
(Texas Perform4nce Eond ) - 2
NOW THEREFORE, if the Principal shall well, truly and faithfully perform
the work in accordance with the plans, specifications and contract documents
during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall
satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie Lubbock County, State of Texas,,and that change, extension
of time, a era on ora ition to the terms of the contractor to the work to
be performed thereunder or the specifications accompanying the same shall in
any wise affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one of which shall be deemed an original, this the __ day of Septembe
A.D. 19 83
ATTEST:
r nc paetre ary
(SEAL)
(Addre-s--sj
ATTEST:
urs y cre ary
tness,as. o ure y P 1 ey
P.O- Box 3070, Lubbock, TX 79452
Aaaress)
PLAINS PUMP COMPANY
F I Ic I pa
By
P.O. Drawer 5037, Lubbock, TX 79417
(AduvUbb)
�TT'TF'DSTATES FIDELITY AND GUARANTY CO.
Surety
BY
At orney- n- ac Jack Kastman
P.O. Box 3070, Lubbock, TX 79452
(Addres
TOTE: If Contractor is Partnership, all partners should execute bond.
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No....... 79.01 .......................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Jack Kastman
of the City of Lubbock , State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Jack Kastman
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to he
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 8th day of
July , A. D. 19 68
UNITED STATES FIDELITY AND GUARANTY COMPANY.
( Signed) By.... Joh... �iemilton ...............................
Vice -President.
.(SIM)
(Signed) Richard D. Reinhardt
Assistant Secretary.
'',$TATE _0F ,%kRYLAND,
..
BALTIMORE� CITY, ss:
On this 8th day of July , A. D. 1968 , before me personally came
John Hamilton , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY .and Richard D. Reinhardt , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
tha;hey, the said John Hamilton and Rielnrd D. Reinhardt were respectively
the .Vycr-Pre`sitient' and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
,poia%ion described.in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the
seal aT-.xia-ta _said Flower of Attorney was such corporate seal, that it was so fixed by order of the Board of ' Directors of said corpora-
tmn; nd-that they -signed their names thereto by L'ke order as Vice -President and Assistant Secretary, respectively, of the Company.
My;cnramission expires the first day in July, A. D. 19..�9 ....
( Signed) .........Louis ,RQrd....
V Notary Public.
STATE OF MARYLAND
BALTIMORE CITY, Sct.
I, Robert VH. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Louis Rohd , Esquire, before
whom -the, annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
Sfat� 'of "Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
`cLnowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
ti _�Notary;,and verily believe the signature to be his genuine signature.
-frfTeitimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
is of Reca�ril,_this :8th day of July A. D. 19ij}
( Signed) ...............:Robert H. , Bouse...................
Clerk of the Superior Court of Baltimore City.
FS 3 ` (9-47 )
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NOLrnzosau do xdOO
` PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under Y.A.T.S. 5160)
THE STATE OF Texas
COUNTY OF Lubbock
KNOW ALL MEN BY THESE PRESENT: That we (1) PLAINS PUMP COMPANY
, (2) individual Of Lubbock, Texas
hereinafter called Principal and (3) UNITED STATES FIDELITY AND GUARANTY C GTANY
Of_ _ Ral ti more , State of Maryland , hereinafter
called the Surety, are held and firmly bound unto (4) City of Lubbock
, of Lubbock, Texas---, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials
for, or perform labor upon the building or improvements hereinafter referred
to in the penal sum of Seventz Seven thousand five hundred four and no/100-
04.00 1 dollars in lawful money of the United States, to be paid
In' Lubbock County, Texas
for the payment of which sum
well and ru y o" a ma e, we bind nurse yes, our heirs, executors, adminis-
trators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) City of Lubbock, Lubbock
County, Texas
owner,Ine of
which ishereto attar a a- made copy
a part hereof or the cons�ctionof:o
a fuel system at the South Service Site, 84th Street and Avenue Q
NOW, THEREFORE, the condition of this obligation is such that, if the
Principal shall promptly make payment to all claimants as defined in Article
5160'; Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts
56thLegislature, Regular Session, 1959, effective April 21, 1959, and as
further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sect. 1,
effective June 2, 1969, supplying labor and materials in the prosecution of
the work provided for in said contract, then this obligation shall be null and
void, otherwise it shall remain in full force and effect. .
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work
Provided for in said contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 51600 Revised Civil
Statutes 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390,
ch. ''422, Sect. 1, effective June 2, 1969.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie Lubbock County, State of Texas, and that the said surety,
for value received ere y stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be
:performed thereunder or the specifications accompanying the same shall in any
'wise affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be 'unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each
one of which shall be deemed an original, this the 2nd daffy of SeP� be;
A.D. 19 83 .
ATTEST:
J,x//,� - & .7
r nc p ecre y
(SEAL)
Vffness as o r nc
pal-
ress
ATTEST:
ure y - ecre ary
fte$s, as oto ure y p alley
P.O. Box 3070, Lubbock, TX 79452
(Address)
PLAINS PUMP COMPANY
r nc pa
Lubbock, Texas 79417
(Address)
UNITED STATES FIDELITY AND GUARANTY COMPANY
burety
BY
P.O Box 38. ubq: -in-fact
ress
NOTE: If Contractor is Partner-
ship, all partners should
execute bond.
These footnotes refer to the numbers in body of contract above:
Date of Bond must not be prior to date of contract
(1) Correct name of Contractor . �4) Correct Name of Owner
(2) A Corporation, a Partnership or an 5) County and State
Individual, as case may be (6) Owner
(3) Correct Name of Surety
via
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No....... TK94 ...................
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Jack Kastman
of the City of Lubbock State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
Jack Kastman
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 8th day of
July , A. D. 19 68
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By.... John Hamilton ...............................
�y rice -President.
(Signed) Richard D. Reinhardt
"✓' �-- :� Assistant Secretary.
AkTE OF 14WIYLAND,
BALTIMORE Cl'Y, as.
On this 8th day of July , A. D. 1968 , before me personally came
John Hamilton , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Richard D. Reinhardt , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said ,John Hamilton and Richard D. Reinhardt were respectively
tho -Vice-Yxesident and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor.
poearioit-441c ibed' ins and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the
seal+ affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora.
-tion;"and •that ,they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
v
My-comtnission.expires the first day in July, A. D. 19. Og ....
{SEA17j - (Signed) Louis Roh3................
Notary Public.
Stli�E ,()F ,MARYLAND
Sct.
BALTIbfOBE CITY,
-i, Bouse Clerk of the Superior Court of Baltimore City, which Court is a
Robert7H. ,
4�ourt'of-- Record, and' bas a seal, do hereby certify that Louis Rohd , Esquire, before
\Thom thg annexed affidavits were made, and who has thereto subscribed his name, w" at the time of so doing a Notary Public of the
nstate:of-Msrgland.. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
Zack sowk*ments, ;or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, +nd__verily believe the signature to be his genuine signature.
t
-In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
oa ecord,-7this` 84'h day of July , A. D. 1968
(SEAL) (Signed) ...............Robert H. Rouse.........................
Clerk of the Superior Court of Baltimore City.
FS 3 (9-67)
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