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HomeMy WebLinkAboutResolution - 1022 - Contract - Texas Scenic Company - Theater Lighting Control System, Civic Center - 01/28/1982RESOLUTION NO. 1022 - 1/28/82 Bid #6629 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 between the City of Lubbock and Texas Scenic Company, Inc. for lighting control system for theater in the Civic 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 28th day of February , 1982. ATTEST: velyn,Ga fga, City SicrebaeTreaBurer APPROVED AS TO CONTENT: J Weston, Director of Community Facilities APPROVED AS TO FORM: Assistant City Attorney STbTE OF TMkS CO�T� OF LUBBOCK RESOLUTION 1022 - 1/25/82 COXTRACT CITY SECRETARY-TREASUR4' I THIS AGREEMENT, made and entered into this _5S.i• day of FEBRUARY , A.D. 198, by and betveen the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister , Mayor, there -unto authorized to do so, hereinafter referred to as OIAT1 .R, and TEXAS SCENIC COMPANY, INC, of the City of SAN ANTONIO County of BEXAR and State of TFYAS , hereinafter termed CONTRACTOR. • WITNESSETH: That for and in consideration of the pa)-ments and agreements hereinafter mentioned, to be made and performed by the IY4bT-R 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: NEW STAGE LIGHTING SYSTEM FOR LUBBOCK CIVIC CENTER AS PER SPECIFICATIONS, DATE OF BID - JANUARY 12, 1982 @.2;00 P,M, JOB #89-0001-40003-011577 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 s 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 06%TR agrees to p•ay 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 $ IT WIT2�ESS k'"t1EREOF, the parties to these presents have executed this ar:ee3ent in Lubbock, Texas in ;he year and day first above written. r,TST: Secr tart'=Treasu r AS TO CONTENT: �ROV='D AS TO FORM: ATTEST: Secretary CITY Or LUBBOCK, TEXAS t Mayor CONTRACTOR BY: TITLE: RICHARD C. riECKE-VICE-PRESIDENT COMPLETE -.ADDRESS: TEXAS SCENIC' -COMPANY',' INC. 5423 JACKWOOD/P,O, Box 28297 SAN ANTONIO, TEXAS 78228 UNITED STATES STATE OF TEXAS ) c FI D '' tp `Ef) , \MW(A Stock Company) NTY COMPANY TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 1009'0 of Contract amount) COUNTY OF BOND NUMBER ............................ KNOW ALL MEN BY THESE PRESENTS: That....TGxa .SGan c. c�Qznpanx..-1=, ..NZU-. (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COM- PANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State 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 penal sum of..Ninety-eight thousand and no.. .. . . .:------,------------ 7--,---,- ::-� :::': :'--; -------------------------------Dollars ($ 98, 000, 00 ....... ) for the payment of which sum well and truly to be made, we bind ourselves, our 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 ...day of.....................19...... a copy of which is hereto attached and made a part hereof, for Dimming System for the Lubbock Civic Center 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 shill be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th = Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the°p'rovisions thereof to the same extent as if it were copied at length herein. `w IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instFument this ...... 23(�P...... day of.. IAr........... 19V.. Texas Scenic, Compa y., Inc.........(Sealy .............................. .. ............. \ ...�� ...... (Seal)- . UNITED STATES FIDELITY AND GUARANTY COMPANY J By... .. .. �e.�(_. (Seal) Dougia J. 4haTlty/� ttomey4n-fact, Contract 213 (Texas) (649) 1 � S LITY r UNITED STATES D G tock .. TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be l00% of Contract amount) STATE OF TEXAS COUNTY OF BOND NUMBU — KNOW ALL MEN BY THESE PRESENTS: That_ romva"y_ -- 5423 Jackwood. San Antonio Texas 78228 (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State 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 penal sum of Ninety—eight thousand and no%100==------ -------------------------------- Dollars ($ 98,000 00 ) for the payment of which sum well and truly to be made, we bind ourselves, our 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 day of _, 19--, a copy of which Is hereto attached and made a part hereof, for Dimming System for the Lubbock Civic Center 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, Chapter 4 of Vernon's Revised Civil Statutes of Texas as amended by the Acts of the Regular Session of the 56th Legis- - lature, 1959, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof 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 231ZD day of_ f M L- ,19 82 . Texas Scenic Company Inc. (Seal)- UNITED STATES FIDELITY AND GUARANTY COMPANIi` ' _ By (Seal) Douglas �We tra*ney-to-fait ""= Contract 214 (Texas) (6-69) .,. CERTIFIED COPY GENERAL POWER OF ATTORNEY No .........89602 .................... 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 Douglas J. Wealty Of the City of San Antonio , 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 Douglas J. Wealty 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 11th day of May : A. D. 19 7 g UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) (SEAL) (Signed) STATE OF MARYLAND, 83: BALTIMORE CITY. 8�.. John..iIamilton......................... • • - • , Vice -President. Ray H. B r i t t ............................ . • • Assistant Secretary. On this 11th day of May , A. D. 19 7 t), before me personally came John Hamilton , Vice -President of the UNITED STATES FIDBUTY AND GUARANTY COMPANY and R ,� H r i 16t , Assistant Secretary of said Company, with both of whom I am personally acquam ed, wit13o being y me severally duly sworn, said that they, the said John Hamilton and Ray Ii . Britt were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in 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 co,-gorate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19.8 2.... (Signed) Margaret M. Hurst (SEAL).................................Votar. Public.... . STATE OF MARYLAND Set. BALTIMORE CITY, 1, William Allen . Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal. do hereby certify that Margaret I.I. Hurst , Esgnire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so racing a N:etary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to admirister oatFs and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature - In Testimony Whereat, I hereto set my hand and affix the seal of the Superior Conrt of Baitimore City, lite same bainG a Court of Record, this 11th day of t i a y ' A. D. 19 7 9 William Allen SEAL)((Signed).. ............................ Clerk of th..e Super . ..... ior rot:rt of Ealtimorr . . . City..... 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SAN ANTONIO, TX 78228 NAME AND ADDRESS OF INSURED TEXAS SCENIC COMPANY P.O. BOX 28297 SAN ANTONIO, TX 78228 This is to certify that policies of insurance listed below have been issued to the Inst of any contract or other document with respect to which this certificate may be terms, exclusions and conditions of such policies. COMPANY TYPE OF INSURANCE POLICY NUMBER LETTER GENERAL LIABILITY B COMPREHENSIVE FORM TMP 100 58 71 EJKFREM IS ES—OPERAT IONS ❑EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD 11*RODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE F­tMROAD FORM PROPERTY D�� DAMAGE NDEPENDENT CONTRACTORS ❑PERSONAL INJURY AI�TOMOBILE LIABILITY LP 271 71 82 i A COMPREHENSIVE FORM ❑ OWNED ❑ HIRED ❑ NON -OWNED EXCESS LIABILITY C UMBRELLA FORM 523 15 62 777 ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION A and WP 253 35 02 EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES COMPANIES AFFORDING COVERAGES COMPANY ASSOCIATED INDEMNITY CORP. LETTER COMPANY 8 NATIONAL SURETY COMPANY LETTER COMPANY `' U.S. FIRE INSURANCE CO. LETTER COMPANY R LETTER V COMPANY LETTER med above and are in force at this time. Notwithstanding any requirement, term or condi or may pertain, the insurance afforded by the policies described herein is subject to all POLICY EACH AGGREGATE EXPIRATION DATE OCCURRENCE BODILY INJURY $ 500 $ 500 10-27-83 PROPERTY DAMAGE $ 100 $ 100 10-27-82 10-27-82 1 10-27-82 BODILY INJURY AND PROPERTY DAMAGE $ $ COMBINED PERSONAL INJURY4s500BODILY INJURY $ 50(EACH PERSON)$50 BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND I $ PROPERTY DAMAGE BODILY INJURY AND I 10001$ 1000 000 PROPERTY DAMAGE $ COMBINED STATUTORY $ 100 Cancellation: Should any of the above descritod policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 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 P.O. Box 2000 Lubbock, Texas 79457 Attn: Purchasing Department ACORD 25 (1-79) DATE ISSUED: April 8 1982 AUTHORIZED REPRESENTATIVE TOM MOORE & ASSOCIATES, INC.