HomeMy WebLinkAboutResolution - 186 - Contract - Ranger Co - Traffic Signal Conduit - 06/14/1979RESO #186 - 6/14/
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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 for the
installation of traffic signal conduit with Ranger Construction, Inc. of
Lubbock, in the principal sum of $9,420.60, as per Bid No. 5354, after said
contract has been prepared and approved by the City Attorney's Office.
Passed by the City Council this 14th day of
ATTEST:
,E-#elyn Gaff''ga,-. City. Secretaiy g{easurer
%APPR9VED AS TO FORM:
Leon G. Bean, Assistant City Attorney
June ,1979.
WEST, MAYOR
r TIED TO RESO #186 - 6/7/79
Bid No. 5354
SUPPLEMENTAL AGREEMENT TO BID AGREEMENT
This Agreement shall be a supplement to all Bid Agreements of the City of
Lubbock, in the amount of less than $25,000 and together they shall constitute
one Agreement. The City of Lubbock, known as "City", and the successful bidder,
known as "Contractor", agree that Contractor shall perform in accordance with
the Bid Agreement specifications and for the consideration therein stated. To
the extent that a provision in the Bid Agreement conflicts with any provision
in this Supplemental Agreement, the provision in the Bid Agreement shall control
unless the provision in Supplemental Agreement is more specific, in which case
the provision in the Supplemental Agreement shall control. It also is expressly
agreed that the following provisions shall apply.
BID AGREEMENT. For the purposes of this Supplemental Agreement, "Bid
Agreement" shall mean that Bid Response submitted by the successful bidder as
awarded by the City.
PERMITS. If performance of this Agreement involves construction work of
any nature, Contractor shall obtain all necessary permits before commencing
work.
MATERIALS AND PLANS. Contractor shall furnish all supplies, materials,
machinery, tools, labor, supervision, insurance and other elements essential
for the performance of this Agreement. Any construction work shall be in
accordance with plans prepared by the city engineers, which shall include all
maps, plats, blueprints and drawings and any explanatory matter printed or
written on them.
DAMAGES BY CONTRACTOR. Contractor shall indemnify and hold the City
harmless from any and all claims for loss, damage or injury to any person or
property of any person, corporation, unincorporated association or partnership,
caused directly or indirectly by any act or omission by him, his employees or
agents, including subcontractors and'their employees or agents, in the performance
of work or provision of services under this Agreement or as an incident to its
performance.
CLAIMS BY SUBCONTRACTORS. Contractor shall indemnify and hold the City
harmless from any and all claims incurred in the performance of this Agreement,
arising from the lawful demands of sub -contractors, laborers, mechanics, material -
men, furnishers of machinery, equipment and all other suppliers, including
their agents and employees. In the event any liens should attach to property
of the City, Contractor shall have them removed within five (5) days time, and
at its own expense.
DAMAGES FOR DELAY. Recognizing that time is of.the essence in the per-
formance of this Agreement, Contractor agrees that if he fails to substantially
perform this Agreement by the stated completion date, including any extensions
thereto, the City shall withhold twenty-five (25) dollars for each working day
past the completion date, as damages and not as a penalty.
LOSSES FROM NATURAL CAUSES. All losses or damages arising from the nature
of the work to be done, from the action of the elements, from any unforeseen
circumstances -or Acts of God shall be sustained and borne by the Contractor at
his own expense, except that one working day shall be added to the total time
allowed for completion for each day in which construction work is prevented by
action of the elements.
WORKING DAY DEFINED. A working day is defined as any day except for legal
holidays and Sundays, when in the judgment of the City Engineer, the Contractor
is able or would be able to efficiently employ more than one-half (1/2) of his
equipment for more than four (4) hours. At the City's option, any working days
not utilized by Contractor may be used to offset any working days credited
because of work being prevented by action of the elements.
WORKING DATES. Contractor shall begin work within thirty (30) days from
the time the bid is awarded, shall proceed with said work in a diligent manner
and shall complete or substantially complete said work on or before the date
specified in the bid proposal for completion, or if there is no date specified,
within six (6) months time. Unless otherwise specified in the bid proposal,
Contractor shall have the right to pursue work under this Agreement in whatever
sequence is most efficient in his opinion. In the event Contractor abandons
work under this agreement for more than ten working days, and fails or refuses
to commence after notice to begin work has been issued, City shall have the
option of declaring this Agreement to be breached and shall have the right to
all remedies at law, or equity.
BREACH. Contractor expressly agrees that he will perform this Agreement
as specified and that in the event he materially fails to do so, the City may
declare the contract to be breached. The City retains the right to seek
recission or specific performance, and the City may have the work completed by
a third party and to the extent there is expense over and above the consideration
of this Agreement, shall have the right to seek payment from the Contractor.
APPROVED AS TO CONTENT:
ATTEST:
City Secreta y
CITY OF LUBBOCK
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By:
DIRK WEST, MAYOR
APPROVED AS TO FORM:
Assistant City Attorney