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HomeMy WebLinkAboutResolution - 1313A - Contract - American Desk Mfg. Co - Fixed Seating, Coliseum - 02/10/1983:cl RESOLUTION i RESOLUTION 1313A - 2/10/83 Bid #7158 rirty c�^.a,�Y,°.,�?,r'7RLASlJRER 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 irected to execute for and on behalf of the City of Lubbock a Contract between he City of Lubbock and American Desk Mfg. Co., to provide all labor and materia or installation of fixed seating in Lubbock Municipal Coliseum, attached here- ith which shall be spread upon the minutes of the Council and as spread upon he minutes of this Council shall constitute and be a part of this Resolution as f fully copied herein in detail. Passed by the City Council this 10th day of Februar ,1983. r , BIL MCALI E MAYOR TTEST: = a, 'City SgciAtayt-Treasurer AS TO CONTENT: 7 fi�Zc.�LL�� awrence banxs, Aaminlstrative Assistant ommunity Facilities ED AS TO FORM: 'sem i l / , L- kyr W-/LL<J-fu M. Sherwin, Assistant City Attorney .i• y STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT RESOLUTION 1313A - 2/10/83 }- Bid 7158 CITY SFrrZFT:1R� l'rf15Ui;R THIS AtfffMENT, made and entered into this 10th day -of February A.D. IM y and between the City of Lubbock, County of Lubbock, State of Texas, acting by and throutgh Bill McAlister I , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and American Desk Mfg. Co. 49th & W. Avenue G Temple, Texas of the City of Temple County of Bell 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: Provide all labor and materials for installation of fixed seating in Lubbock Municipal Coliseum as per City of Lubbock Bid No. 7158, Base Bid plus Option No. 1. 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 in the sum of $ 119,344.00 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Texas in the year and day first above written. TEST: Evelyn Gaff , C ty Secr49t easurer APPROVED AS TO CONTENT: t& C-tc Bob Cass, Assistant City Manager APPROVED AS TO FORM: OGwI Jo n Sherwin, Assistant City Attorney ATTEST: AtCAcret y :CITY OF,- B K, LfflLrcALISTER, MAYOR CONTRACTOR AMERICAN DESK MANUFACTURING 0BY: C. , TITLE: �L-AA COMPLETE ADDRESS: PERFORMANCE BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas ender V.A.T.S. 5160) Bond No. B00-000-762 THE STATE OF New York COUNTY OF New York KNOW ALL MEN BY THESE PRESENT: that we (1) American Desk Manufacturing Company a (2) of Temple, Texas hereinafter called Principal and (3) Union Indemnity Insurance Company of New Y4 of 260 Madison Avenue , State of New York , hereinafter called the Surety, are held and firmly bound into (4) Lubbock Municipal Coliseum . Lubbock, Texas of hereinafter called Owner, in the penal sum of One Hundred Nineteen Thousand Three Hundred Forty Four ($ 119, 344.00 ) Dollars in lawful money of the United States, to be paid in (5) Lubbock, Texas for the payment of which sum well and truly to be made, we bind ourselves, 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) Lubbock Munici; a1 rnl i sp-im, Lubbock, Texas the Owner, dated the 10th day of February , A.D. 19 R3 , a copy of which is hereto attached and made a part hereof for the construction of: to furnish and install and seating (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 (5) County and State (6) Owner -5- (Texas Performance Bond) - Z NOW THEREFORE, if the Principal shall well, truly and faithfully perforn 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 idemnify 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 Ownez 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, vent shall lie Lubbock County, State of Texas, and that change, extension of time, alteration or addition to the terms of the contrac 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 specification: IN WITNESS WHEREOF, this instrument. is executed in six counterparts, eac on9e go3 which shall be deemed an original, this the 15th day of March A.D. ATTEST: ( rincip Secretary (SEAL) Witness as to Principal (Address) ATTEST: (Surety) Secreta ..(SEAL) ,W Witrj54s�as to 3urety (Address) 1 AMERICAN DESK MANUFACTURING Principal COMPANY y AN Temple, Texas 76503 (Address) UNION INDEMNITY INSURANCE COMPANY OF NEW YORK Surety BY Attorney- - Natalie Reing d 260 Madison Ave., (Aderunteess� ors ned BYJ , Licensed Resident Agen N.Y., N.Y. NOTE: If Contractor is Partnership, all partners should execute bond. Union Indemnityinsurince Company of New York Executive Offices 260 Madison Avenue New York, N.Y. 10016 FINANCIAL STATEMENT as of DECEMBER 31,1981 Assets Bonds Cash and Bank Deposits Agents Balances or Uncollected Premiums Funds Held by Reinsurer Companies Reinsurable Recoverable on Loss Payments Interest, Divi di ends and Real Estate Income Due and Account Other Admitted Assets TOTAL ASSETS Bonds are valued in accordance with Amortized Value CERTIFICATE Richard L. Boyle, Assistant Secretary, and Joseph J. Jaworski. Comptroller of the Union Indemnity Insurance Company of New York being duly sworn, each for himself disposes and says that they are the above described officer of the said Company and that on the 31st day of December. 1981. the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1981 according to. the best of their information. knowledge and belief, respectively. �9A; 4N s, AIL 0. MIs e ram • Assistant Secretary STATE OF NEW YORK j a COUNTY OF NEW YORK 1 . on this lam, of March 11Lbefore wa s.mt Ove above nanted officers of union Indemnity insurance 0 o my of New York to me personally known to be the individuals and officers Ifascribad harein, and acknowledged that they executed On forgoing Inetrvmant and and aff,xed ttw seat of ceid corporation ttwreto by authority, of t1Mir office. a , Comptroller ' Alt MARIE T. SAUER Notary "ic. Stan of New York No. 0/925500 Qualified in wettchetter County Uabilities $23,278.631 Reserve for Losses and toss Expenses $8,023,247 1,641,014 Reserve for Unearned Premiums 6,055,541 3.170,659 Reserve for Expenses. Taxes Licenses 264,416 and Fees . 5291050 8,093,322 Federal and Foreign Income Taxes 1.157,732 Reserve for Unauthorized Reinsurance 478,510 478,844 Excess Statutory Reserves 672,747 258,775 Funds Held Under Reinsurance Treaties 6,462,695 Ceded Reinsurance Balances Payable 5,783,304 Other Liabilities 262.280 Capital Stock 2,500,000 Surplus 4,960,553 TOTAL POLICYHOLDERS' SURPLUS $7.460,555 TOTAL LIABILITIES AND $37.1 ",661 POLICYHOLDERS' SURPLUS $37,185,661 Bonds are valued in accordance with Amortized Value CERTIFICATE Richard L. Boyle, Assistant Secretary, and Joseph J. Jaworski. Comptroller of the Union Indemnity Insurance Company of New York being duly sworn, each for himself disposes and says that they are the above described officer of the said Company and that on the 31st day of December. 1981. the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1981 according to. the best of their information. knowledge and belief, respectively. �9A; 4N s, AIL 0. MIs e ram • Assistant Secretary STATE OF NEW YORK j a COUNTY OF NEW YORK 1 . on this lam, of March 11Lbefore wa s.mt Ove above nanted officers of union Indemnity insurance 0 o my of New York to me personally known to be the individuals and officers Ifascribad harein, and acknowledged that they executed On forgoing Inetrvmant and and aff,xed ttw seat of ceid corporation ttwreto by authority, of t1Mir office. a , Comptroller ' Alt MARIE T. SAUER Notary "ic. Stan of New York No. 0/925500 Qualified in wettchetter County Union Indemnity insurance Company of New York Executive Offiots 260 Madison Avenue POWER OF ATTORNEY New York, N.Y. 10016 0044 KNOW ALL MEN BY THESE PRESENTS; That Union Indemnity Insurance Company of New York dews hurehy appoint: Char 1 en u' Andrea, Richard 'Pu I tc-, Isr+nno rri oilman, Natalie Pe- i stir, Its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute. sign, acknowledge, affix the Company Seal tn. and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed any single instrument. IN WITNESS WHEREOF. Union Indemnity Insurance Company of New York have executed these presents ++*Wet `e�27th June 80 •,,o•*� this._ day of IGL stilt '�r;''�• `•� Richard L. Boyle — Vice President STATE OF NEW YORK 1u,• ��a T ,,t` COUNTY OF NEW YORK 1 • , on this 27th day of June ,19JUboore MO'ca+ toTaty • MARIE T. 6AUER the above named officer of Union indemnity Insurance Company of ♦ Notary Public, State of Now Yorkwt`<< New York, to me personally known to be the individual and officer No. 0192500 described herein, and acknowledged that he executed the foregoing,�•eer •ts•'� GuatHied in Kings County instrument and affiKed.the seats of amid corporations thereto by authority of his office. Certificate filed in New York county Commission expires 3130/81 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New York: March 17, 1980: RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, under- takings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall bt valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, and RESOLVED, that any such Attorney -in -Fact may deliver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not later than the date of delivery of the certificate by the Attorney -in -Fact. 1, Thomas G. O'Brien Ill. Secretary of Union Indemnity Insurance Company of New York. do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the Powers of 'Attorney issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney are in full force and effect. - IN WITNESS WHEREOF, 1 have hereunto set my harm and affixed the facsimlie seat of each corporation rSSW this 15th day of March 19 _- etat ` `� Thomas G. O'Brien 111, Secretary PAYMENT BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.T.S. 5160) TSE STATE OF New York Bond No. BOO-000-762 COUNTY OF New York KNOW ALL MEN-BY THESE PRESENT: That we (1) American Desk Manufacturing Company (2) of Temple, Texas hereinafter called Principal and (3) Union Indemnity Insurance Company of New Yo3 of 260 Madison Avenue State of New York hereinafter called the Surety, are held and firmly bound unto (4) Lubbock Municipal Coliseum, of Lubbock, Texas hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the', penal sum of One Hundred Nineteen Thousand Three Hundred Forty Four ($ 119,3 44.00 ) dollars in lawful money of the United States, to be paid in (5) Lubbock, Texas for the payment Of which sum well and truly to be made, we bind ourselves, our heirs, execu- tors, 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) Lubbock Municipal Coliseum, Lubbock,'Texas The Owner, dated the 10th day',of February , A.D. 19 a copy of which is hereto attached and made a part hereof for the construction of: to furnish and install and seating NOW,',TE=FORE, the condition of this obligation is such that, if the Principalshall promptly make payment to all claimants as defined in Article 5160 Revised Civil Statutes of Texas', 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1059, effective April 27, 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 inArticle 5160, Revised Civil Statutes 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, and is further amended by Acts'I1969, 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, TexasCounty, State of Texas, and that the said, .surety,;for value received hereby stipulates and agrees that no change, exten- sion 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 shad 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 15th_ day of Mares h A.D. 19 83 AMERICAN DESK MANUFACTURING COMPANY Principal ATTEST: (Principal) Secretary By, (SEAL) P.O. Box 429 Temple, Texas 76503 Witness as to Principal (Address) (Address) ATTES : ( urety) Secreta UNION INDEMNITY -INSURANCE COMPANY OF NEW YORK4 Surety BY atalie Rein -X , ttorney-in-Fac• (SEAL) 260 Madis (Address) Slitne as to Surety NOTE: If Contractor is Partnership, -- / all partner should execute (•U //f� (/ rountersignedbeU • (Address) 4ucensed Resident Agent 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 Union tndemnityinsurfinoe Company of New York Executive Offices 260 Madison Avenue New York, N.Y. 10016 FINANCIAL STATEMENT as of DECEMBER 31,11181 Assets— Liabilities Bonds Cash and Bank Deposits $23,278.631 Reserve for Losses and Loss Expenses $8,023,247 Agents Balances or Uncollected Premiums 1.641,014 3,170.659 Reserve for Unearned Premiums Reserve for Expenses. Taxes Licenses 6,055,541 Funds Held by Reinsurers Companies 284,416 and Fees Reinsurable Recoverable on Loss Payments 8,093.322 Federal and Foreign Income Taxes 529.050 1,157.7m Interest. Dividends and Real Estate Reserve for Unauthorized Reinsurance 478.510 Income Due and Account Other Admitted Assets 478.844 Excess Statutory Reserves 972,747 258,775 Funds Held Under Reinsurance Treaties 6,462.695 Ceded Reinsurance Balances Payable 5,783,304 Other Liabilities 262,280 Capital Stock 21500,000 Surplus 4.960,555 TOTAL POLICYHOLDERS' SURPLUS $7,460,555 TOTAL ASSETS 837,185,661 TOTAL LIABILITIES AND POLICYHOLDERS' SURPLUS $37.185,661 Bonds are valued in accordance with Amortized Value CERTIFICATE Richard L. Boyle, Assistant Secretary, and Joseph J. Jaworski. Comptroller of the Union Indemnity Insurance Company of New York being duly sworn. each for himself disposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1981, the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31st day of December, 1981 according to the best of their Information. knowledge and belief, respectively. j8EAL0. Assistant Secretary STATE OF NEW YORK l a COUNTY OF NEW YORK 1 o„ thi. 1�,,,,,, of March to 8 3b0ore wa cwne the adiove named offiam of Union fnd.mnity fneuram a em"pany of WM York to me Parsonetly known to be the individuals and officers deeeribect herein, and ecknonAedged that they executed the foregoing kmrwnwm and and aft, Ked the Beat of said corporation thereto by authority of **if office. 4 a 1 •s. Comptroller �jr s Asue�{„',i ' MARIE T. dAUER 001llt ♦ Notary Public. state of New York ar Bills No. 0192500 Qualified in Ws%jc+*n e► County Union Indemnity insurance Company of New York Executive Offices 260 Madison Avenue POWER OF ATTORNEY New York. N.Y. 10016 Q 0 44 KNOW, ALL MEN BY THESE PRESENTS. That Union Indemnity Insurance Company of New York dtws hureby appoint: Clasrlen 1u'Andrea, Rir;hard 't•uite, hr•rtno i'rledman, Natalir ke•iirfln Its true and lawful Attomey(s)-in-Fact, each individually if there be more than one named, to make:, execute, sign, acknowledge. affix the Company Seal tn, and deliver any and all surety bonds, undertakings, recognizances, ;and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed any single instrument. IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents .•�.+'... ` this._27th day of June 19 80 It `tE111 , r Richard L. Boyle - Vice President STATE OF NEW YORK 1 a,; �E t , /���• COUNTY OF NEW YORK 1 on thit 27th day of June . Sp_Qbefore mm'csme MARIE T. SAUER the above named oft jeer of Union Indemnity Insurance Company I of • Notary Public, State of New York New York, to me personally known to be the individual end ofiCar , aanot 4 No. 01!2500 described herein, and acknowledged that he executed the' foregoing+.ear etefied in Kings county .et Quali Instrument and affixed the seals of mid corporations thereto by Certificate filed in New York Coun authority of his office. • .Y Comminion expires 3130/81 CE Excerpts of Resolutions adopted by the Boards New York: March 17, 1980: FICATE Directors of Union Indemnity Insurance Company of RESOLVED, that solely in furtherance of !the Company's surety business, the Chairman of the Board, the President, Vice' President, an Assistant Vice President or Secretary of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, under- takings,':.recognizances and other contracts of indfmnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents; RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed "to any such Power of Attorney or to any Certificate relating to the Power of Attorney by facsimile, and any such Power of Attorney or certificate' b' armg such facsimile signatures or facsimile seal shall bz valid and binding upon the Company with respect ;o any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature'thereof; and RESOLVED, that any such Attorney -in -Fact may deliver a certification that the foregoing resolutions are still in effect and may insert in such certification the date of the certification but that date may be not Later than the date of delivery of the certificate by,i�the Attorney -in -Fact. 1, Thomas G. b'Brien III. Secretary of Union Indemnity Insurance Company of Now York, do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation and the''Powerr of 'Attorney issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney. are in full force and effect. IN WITNESS WHEREOF, 1 have hereuntoset my hand and affixed the facsimile seat of each corporation ♦,e.•ae„ this 15th day of March tt~awl �►. P uai It 1 •+see _:a ��/�G,Osst� �[/. � `—� Thomas G. O'Brien 111, Secretary