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HomeMy WebLinkAboutResolution - 096 - Contract - Gilbert & Spencer Co - Automatic Sprinkler Systems, 3 Parks - 03/08/1979LGB:hw; RESO. #96 - 3/8/ 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 bet- ween the City of Lubbock and Gilbert & Spencer Company for automatic sprinkler systems in Buster Long Park, J. A. Chatman Park and Pioneer Park, 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 8th day of March ATTEST: E elyn Gagga, City S r -Treasurer ,1979. APPROVED AS TO CONTENT: Lawr nce Banks, Community Facilities APPROVED AS TO FORM: Leon G. Bean, Asst. City Attorney { CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AG 1979, by and REEMENT, made and entered into the 8th day of March A.D., between the City -of Lubbock, of the County of Lubbock and State of Texas, acting through Dirk West •_hereunto duly authorized so to do, Party of the First Part, hereinafter termed OWINER, and G-ilbert Spencer -Co. 3306 Ave. ;l. .. of the City of Lubbock , County of Lubbock and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. . 11ITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the party of the First' Part (ON1NER), and under conditions expressed in -the bond bearing even date here- with, the Party Qf the Second Part (CONTRACTOR), hereby agrees with the said . Party of the First Part (Ok'NER) to commence and complete the construction of certain improvements described as follows: Automatic sprinkler systems in Buster Long .Park, J. A. Chatman Park, and` Pioneer Park, as described -in Bid #5237, being the base bid 9 $41,500: and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all'the materials, supplies, machinery, equipment, tools,• .superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the proposal attached hereto and in accordance with the General Condi- tions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by the CITY EN- GINEER, each of which has been identified by the endorsement of the CONTR.kCTOR and the ENGINEER ;thereon,. together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Construction Bond hereto attached,' all of which are made a part hereof and collectively evidence and constitute the entire contract. 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 substan tially complete :same within the time hereinafter specified. The OTRZER agrees to pay the CONTRACTOR in current funds for the per- fornance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the specifications, and to make payments on account thereof as provided therein. ♦ t { CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AG 1979, by and REEMENT, made and entered into the 8th day of March A.D., between the City -of Lubbock, of the County of Lubbock and State of Texas, acting through Dirk West •_hereunto duly authorized so to do, Party of the First Part, hereinafter termed OWINER, and G-ilbert Spencer -Co. 3306 Ave. ;l. .. of the City of Lubbock , County of Lubbock and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. . 11ITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the party of the First' Part (ON1NER), and under conditions expressed in -the bond bearing even date here- with, the Party Qf the Second Part (CONTRACTOR), hereby agrees with the said . Party of the First Part (Ok'NER) to commence and complete the construction of certain improvements described as follows: Automatic sprinkler systems in Buster Long .Park, J. A. Chatman Park, and` Pioneer Park, as described -in Bid #5237, being the base bid 9 $41,500: and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all'the materials, supplies, machinery, equipment, tools,• .superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the proposal attached hereto and in accordance with the General Condi- tions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by the CITY EN- GINEER, each of which has been identified by the endorsement of the CONTR.kCTOR and the ENGINEER ;thereon,. together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Construction Bond hereto attached,' all of which are made a part hereof and collectively evidence and constitute the entire contract. 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 substan tially complete :same within the time hereinafter specified. The OTRZER agrees to pay the CONTRACTOR in current funds for the per- fornance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the specifications, and to make payments on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in quadruplicate in the year and day first above written. Approved .as to form: Leon Bean Assistant City Attorney ved City of Lubbock Party of the First Part (OWNER) J' Weston, Director of Community Facilities BY Dir est (IMY R) ATTESTz" Affix Corporate Sear, if any z IA. 13,E'R7- 5PONc F4 Co 3 30 CITY OF LUBBOCK MEMO TO: Larry Cunningham, City Manager FROM: Donald G. Vandiver, First Assistant City Attorney SUBJECT: Performance or Contract Bond by Gilbert & Spencer for Sprinkler System Installation. DATE: July 5, 1979 At the request of the City Attorney, I have attempted to determine whether Gilbert & Spencer have supplied.the City with a perfor- mance or contract bond with regard to the installation of three park sprinkler systems, Item No. 3, Work Session Agenda for July 12, 1979, City Council Meeting. A copy of the contract is attached hereto and it should be noted that the contract requires execution of a bond of even date with the contract. The contract file in the City Secretary's Office has no bond in it. The bid file in Purchasing has no bond other than a bid bond with it. John Alford of Parks and Recreation has no knowledge of their having ever supplied a bond in accordance x4ith the contract requirement. Consequently, the contract has never become effective since Gilbert & Spencer have not met the bond requirement, which is a condition precedent to the creation of a binding contract. Shaper v.Gilkison, 217 S.W.2d 878 (Tex.Civ.App., 1949) ref, n,r.e. Further, Gilbert & Spencer have not performed on the contract otherwise so that we might be estopped from denying the contract on the basis of failure to execute a bond.- Joske v. Pleasants, 39 S.W. 586 (Tex.Civ.App., 1897) err. ref. l Donad G . Van z.ver First Assistant City Attorney DGV:cl Enclosure