HomeMy WebLinkAboutResolution - 101876A - Agreement - Hussey Manufacturing Co - Memorial Center - 10_18_1976Cory vRl6I41AL—
AGREEMENT
BETWEEN THE OWNER AND THE CONTRACTOR
FOR SEATING FOR PART I - LUBBOCK MEMORIAL CENTER
LUBBOCK, TEXAS
This AGREEMENT made this 18th day of October 1976 ,
by and between HUSSEY MANUFACTURING COMPANY, INC.
(a corporation organized and existing under the laws of the State of Maine },
(Ix�1cf�iSt1�f�9Ii pixitX>iicaasRx } ,
{xaxxadi:Ki:daxxxisnxdi:a�xx1 ) ,
(strike out the two terms not applicable) hereinafter called the "Contractor",
and The City of Lubbock, Texas, hereinafter called the "Owner".
WITNESSETH, that the Contractor and the Owner for the consideration
stated herein mutually agree as follows:
ARTICLE 1
THE CONTRACT DOCUMENTS
The executed contract documents for SEATING FOR PART I - LUBBOCK
MEMORIAL CENTER shall consist of the following:
1. This Agreement
2. Addenda issued prior to this Agreement
3. Invitation to Bid
4. Instructions to Bidders
5. Signed Copy of the Bid
6. Conditions of the Contract (including General Conditions, AIA
Document A201 and the Supplementary Conditions)
7. Specifications
8. Drawings (as listed in the Schedule of Drawings)
9. All Modifications issued subsequent to execution of this Agreement
10. Performance Bond
11. Payment Bond
This Agreement, together with other documents enumerated in this
ARTICLE 1, which said other documents are as fully a part of the Contract as
if hereto attached or repeated herein.
1
ARTICLE 2
THE WORK
The Contractor shall perform all the work required by the Contract
Documents for:
Hussey Manufacturing Company, Inc. "ChairAway" aluminum deck, Medium
Bronze Amber anodized, EXHIBIT HALL TELESCOPIC PLATFORMS, complete
with all accessories, as shown on the Drawings and as required by the
Specifications.
ARTICLE 3
ARCHITECT
The Architect for this project is The Architects Group, 1706 - 14th
Street, Lubbock, Texas 79401.
ARTICLE 4
TIME OF COMMENCEMENT AND COMPLETION
The work to be performed under this Contract shall be commenced on
the 18th day of October , 1976 and shall be completed on the 14th day
of February , 1977 .
ARTICLE 5
CONTRACT SUM
The Owner shall pay the Contractor for the performance of work in cash
out of funds legally available for the purpose, subject to additions and deduc-
tions by Change Order as provided in the Conditions of the Contract, the Contract
Sum of:
One Hundred Fifty Three Thousand Six Hundred Sixty One Dollars ($153,661.00).
ARTICLE 6
PAYMENT
Payment, constituting the entire amount of the Contract Sum, shall be
paid by the Owner to the Contractor no later than thirty (30) days after Sub-
stantial Completion of the Work unless otherwise stipulated in the Certificate
of Substantial Completion, provided the Work has been completed, the Contract
fully performed, and a final Certificate for Payment has been issued by the
Architect.
2
J
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be
executed in six (6) original copies on the day and year first written above.
ftTTESf
-(Sea
a
HUSSEY MANUFACTURING CO., INC.
Contractor
Title
P. W. IiUSSEY, M, PRES
Street DYER STREET
City NORTH BERWICK,
State MAINE Zip 03906
ATTEST: City e. ru boc xa(s, OWNER
C %,,r,ecretary-Tr/edsurer Mayor Roy Bass
;Seal )
APPROVED AS TO LEGAL SUFFICIENCY
CitayA t
3
I NEVP H.&X&3 $F�TT�Trt v
meurtAbrcm C1�11OIIP
MANCHESTER, NEW HAMPSHIRE
CERTIFICATE OF INSURANCE
OF THE COMPANY STATED BELOW
ISSUED TO:. INSURED'S NAME AND ADDRESS
Hussey Manufacturing Company, Inc.]
The Architect's Group and Hussey Products Company
Attn: Mr. E. Paul King North Berwick
17o6 14th Maine 03906
L Lubbock, Texas 79401 L
THIS IS TO CERTIFY THAT THE New Hampshire COMPANY HAS ISSUED TO THE NAMED IN-
SURED THE POLICIES ENUMERATED BELOW AND SUCH POLICIES APPLY WITH RESPECT TO THE HAZARDS AND FOR THE COVER-
ArFS AND LIMITS OF LIABILITY INDICATED BY SPECIFIC ENTRY HEREIN. SUBJECT TO ALL OF THE TERMS OF SIICH POI ICIFB
HAZARDS
POLICY NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
COVERAGES AND LIMITS OF LIABILITY
BODILY INJU Y LIABILITY
PROPERTY DAMAGE LIAB.
EACH
PERSON
XXXXX
EACH
OCCURR N
$ 300000
EACHAGGREGATE
OCCUFRRENC
Premises -Operations
GLA30-85-65
4 1 76
4/ 1 77
$J00 000
$ 100,000
Elevators
_
XXXXX
$ 0001
,000
XXXXX
r
Independent Contractors
GLA - -
XXXXX
$ 3 n 0000
$ ,000
$ 100,000
J
a
¢ :�
Z m
Products -Completed
Operations,
_ R r
XXXXX
$ 0
$ ,000
$100 ,000
AGGREGATE
$ 000
XXXXX
XXXXX
W_Q
OD
* Contractual -as
Described Below
XXXXX
$j n a000
$ ood$ino
000
Owned Automobiles
_ -
$ OOO
$ inn ,000
innO
XXXXX
OF
Hired Automobiles
GLA30-78- 8
$ 000
$ 000
000
XXXXX
a
Non -Owned Automobiles
GL 3 -
$ 250 000
000
$ ,000
XXXXX
WORKMEN'S
COMPENSATION
WC P o84006
-PROVIDED BY WORKMEN'S
STATE OF Texas
COMPENSATION LAW
and
THE mpoXOLLOer la 1 i
NOTE: WI NG IS APPLICABLY TO SECTION II ONLY
LIABILITY
PERSONAL INJURY
EA C
OCCURRENCE
AGGREGATE
Premises -Operations
$ ,OOO
$ ,OOO
PEA CH
ERSON
AGGREGATE
, 7,
a w
A
W '
a j
D
i
Elevators
$ 000
$ 000
1000
$ 1000
Independent Contractors
,000
$ ,000'$
Products -Completed
Operations
$ 000
$ 1000
AGGREGATE
$ ,OOO
Contractual -as
Described Below
$ ,000
$ 000
LOCATION AND DESCRIPTION OF OPERATIONS, AUTOMOBILES, CONTRACTS, ETC. '(FOR CONTRACTS, INDICATE TYPE OF
AGREEMENT, PARTY AND DATE.)Lubbock Memorial Center, Lubbock, Texas
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COV-
ERAGES AFFORDED BY POLICYOES) LISTED ABOVE AND IS NOT A COPY OF THE POLICY(IES).
THIS CERTIFICA-T&_IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS ON THE HOLDER. THE COMPA-
NY WILL GIVE TO THE HOLDER OF THIS CERTIFICATE 10 DAYS WRITTEN NOTICE OF CANCELLATION.
rC05GT N. KENDALL
BY: 41 l/ A ✓I
DATE:
10/29/76
ITLEI
G 7003 2/73
Bond #433803
STATUTORY PERFORMANCE BOND PERSUANT 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, HUSSEY MANUFACTURING COMPANY INC. NORTH BERWICK MAI E
(hereinafter called the Principal), as Principal, an Hartford Aciden
a corporation organized and existing
un er t e Taws of the State of Connecticut with its princi-
pal office in the City of ' Hartford (hereinafter called
the Surety), as Surety, are held and firmly bound unto 0
TEXAS— _ (hereinafter called the igee).
in the amount of ONE HUNDRFn FIFTY THRFF THOUSAND SIX HIINDRFD ";TXTY PNF
Dollars .
for the payment w ereo , the said Frincipal and Surety bind t selves,
and their heirs, administrators, executors, successors and assigns, joint-
ly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written con-
tract with the Obligee, dated the 18TH day of OCTOgFR
19 76, to FURNISH AND INSTAI( T LFSCOPIC PLATFORMS AT THE IIIRRDCK MEMORIAL
which contract is hereby referred to and made a part hereof as fully an
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 documents, then this obliga-
tion shall be void, otherwise to remain in full force and effect,
PROVIDED, HOWEVER, that this bond is executed persuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, 1959, 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 27th day of OCTOBER , 1976
HUSSEY MANUFACT,U ING CO., INC.
Seal
P. W. HUSSEY, R., PRESIDENT,
(Seal)
*BY:
(Attorney in Fact)
Page 1 Performance Bond
B-6
The undersigned Surety company represents that it is duly qual-
ified to do business in Texas, and hereby designates Gary McDuff
an agent resident in Lubbock County to whom any
requisite notices may a delivered and on whom service of process may be
had in matters arising out of such Suretyship.
Hartford Accident & Indemnity
• $ rstir
N. carorhersorney in Fact)
*Note: If signed by an officer of the Surety Company there must'be on
file with the city of Lubbock, Texas a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed
by an Attorney in Fact, the City of Lubbock, Texas must have a copy of
power of attorney.
N L ORTH M & ON, Resident Agent
st , Texas
1F6IH
By
Page 2 Performance Bond
B-7
Bond #433803
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, HUSSEY MANUFACTURING CO. INC. NORTH BERWICK, MAINE 03906
(hereinafter called the Principal), as Principal, and Hartford Accident
& ndemnit , a corporation organized and existing under the laws o the
State o Connecticut with its principal office in the City of
Hartford (hereinafter called the Surety), as Surety,
are held and firmly boun7 unto rTJ
( ereinafter ca e t e 0 igee), in the
amount o c pu
Dollars, ( 153.661.00/100 , or e payment- whereo�—e
Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firrily by these
presents.
WHEREAS, the Principal has entered into a certain written con-
tract with the Obligee, dated the lSth day of nrTOBER
19 76 to FURNISH & INSTALL TELESCOPIC PLATFORMS AT THE LUBBOCK MEMORIAL
CENTER. LUBBOCK. TEXAS
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 sub -contractor 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 as amen-
ded by Acts of the 56th Legislature, 1959, 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 27th day of nr nBFR Imo•
US EY KANUFAfJURING COMPANY, INC.
�` Seal
P. W. HUSSEY`, JR. , PRESIgI NT
(Seal)
*BY:
(Attorney in Fact)
Page 1 Payment
The undersigned Surety company represents that it is duly qual-
ified to do business in Texas, and hereby designates Gary McDuff
an agent resident in Lubbock County to whom any
requisite notices may be delivered and on whom service of process may be
had in matters arising out of such Suretyship.
Hartford Accident & Indemnity
Sure
/ cur:
(Attorney in Fact)
N. Carothers
*Note: If signed by an officer of the Surety Company there must be on
file with the city of Lubbock, Texas a certified extract from the by-laws
showing that this person has authority to sign such obligation. If signed
by an Attorney in Fact, the City of Lubbock, Texas must have a copy of
power of attorney.
JOHNjHo
pton,
N, Resident Agent
xas
By —
Page 2Payment Bond
Hartford Accident and Indemnity Company
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office
in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
ALBERT W. SMITH, T. F. SMITH, N. CAROTHERRS, A. H. LEWIS,
and MARY JANE PRICE, of HOUSTON, TEXAS,
its true and lawful Attorney (s) -in-fact, with full power and authority to each of said Attorneys) -in -fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and
other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed.
and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent
as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer
of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such officers,
and hereby ratifies and confirms all that its said Attorneys) -in -fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following By -Law adopted by the Stockholders
of the HARTFORDACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the loth day
of February, 1943.
ARTICLE IV
SECTION 8, The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -fact and at any time to remove any such Resident Vice -President,
Resident Assistant Secretary, or Attorney -in -fact, and revoke the power and authority given to him.
SECTION 11. Attorneys in -fact shall have power and authority, subject to the terms and IiiniFafion's`of the power of attorney issued to
them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called
and held on the 13th day of March, 1956.
RESOLVED, that, whereas the President or any Vice -President, acting with any Secretary or Assistant Secretary, has the power and authority
to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof, one or more Resident Vice -Presidents, Assistant Secretaries and Attorneys -in -tact;
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the Company in the future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents
to be signed by its Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 17th day
of January, 1968.
Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY
Vice President
Secretary
STATE OF CONNECTICUT,
ss.
COUNTY OF HARTFORD,
On this 17th day of January, A. D. 1968, before me personally came John F. Beardsley, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice- _
President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY—Ahe corporation -described in and which
executed the above instrument; that he knows -the seat -Of the said corporation; that the seal affixed to the said instrument
�_iszua4-eorporate seai tfia was so affixed by order of the Board of Directors of said corporation and that he signed his
name thereto .by like order.
„Dr4A, i
STATE OF CONNECTICUT, .•Da'.
Notary Pu"
COUNTY OF HARTFORD, CERTIFICATE My commission expires March 31, 197Z
I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a
Connecticut Corporation, DO"HEREBY CERTIFY that. -the foregoing and attached POWER OF ATTORNEY remains
in full force and has not been revoked; and furthermore, that Article IV, Sections 8 and 11, of the By -Laws of the Com-
pany, and the Resolution of the Board of Directors, set forth in the Power of Attorney, is now in force.
Signed and sealed at the City of Hartford. Dated the., 27th.: day of October 19 76
Form 9-3507-6 Printed in U. S. A. 2-'68 Assistant Secretary