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HomeMy WebLinkAboutResolution - 1401 - Contract - CB Anderson Electric Company - Steel & Substation Equipment - 05_26_1983f RESOLUTION 1401 - 5/26/83 Bid #7350 ' DGV:cI 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 for miscellaneous steel and substation equipment between the City of Lubbock and C.B. Anderson Electric Company, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council sh. constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th da f aY , 1983. ' _� BILL McALISTER, MAYOR ATTEST: E elyn Galffgi, City ecret y-Treasurer APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities APPROVED AS TO FORM: � -( �1�� Don Vandiver, Assistant City Attorney RESOLUTION•1401 - 5/26/83 B i d 7350 .�.__.._ TI—TY SECRETARY -TREASURER CONTRACT AGREEMENT (EQUIPMENT) THIS AGREEMENT, made and entered into this day of , 19__II_, by and between The City of Lubbock, Texas acting through its mayor and City Council thereunto duly authorized so to do, Party of the First Part, and hereinafter called the Purchaser, and C. B. Anderson Electric Company a corporation of Oklahoma Party of the Second Part, and hereinafter called the Contractor. WITNESSETH: THAT WHEREAS, the Purchaser has caused to be prepared, in accordance with law, specifications, plans, and other contract documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement for and in connection with acquiring Steel and Miscellaneous Equipment in accordance with the terms of this Contract; and WHEREAS, the said Contractor, in response to such advertisement, has submitted to the Purchaser, in the manner and at'the time specified, a sealed proposal in accordance with the terms of said advertisement; and WHEREAS, the Purchaser, in the manner prescribed by law, has -publicly opened, examined, and canvassed the proposals submitted in response to the published invitation therefor, and as a result of such canvass has determined and declared the aforesaid Contractor to be the best bidder for the said work and has duly awarded to the said Contractor a contract therefor, for the sum or sums named in the Contractor's proposal, a copy thereof being attached to and made a part of this Contract. NOW THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the Parties to these presents have agreed and hereby agree, the Purchaser for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his, or their successors and assigns, or its, his, or their executors and administrators, as follows: ARTICLE I. That the Contractor shall (a) furnish all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (b) Provide and perform all necessary work; and, in a good, substantial, and workmanlike manner and in accordance with the provisions of the General Conditions, and the Instructions to Bidders, (which are attached hereto and made a part hereof) and in conformity with the Specifications Number 5E-0006-15-040183; (c) execute and complete all work included in and covered by the Purchaser's official award of this Contract to the said Contractor, such award being based on the acceptance by the Purchaser of the Contractor's proposal, or part thereof, as follows: Steel and Miscellaneous Equipment For the Northeast Substation ARTICLE II. That the Purchaser shall pay to the Contractor for the performance of the work embraced in this Contract, and the Contractor will accept as full compensation therfor, the sum (subject to adjustment as pro- vided by the Contract) of One Hundred Fifty-one Thousand and NO/100 dollars ($ 151,000.00 ) =' for all work covered by and included in the Contract award and designated in the foregoing Article I. ARTICLE III. The Contractor shall proceed with the work to be performed under the provisions of this Contract on, or within ten (10) days following, the date of public acceptance of the Contractor's proposal by the Purchaser. Contractor shall not delay the start of the work to be performed under the. - provisions of this Contract except by written order from the Purchaser. Contractor shall complete said work by October 31, 1983 IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of day and year first written. CITY ;OFgLUBBO r BY: ATTEST: BILL Mc ISTER, MAYOR Evelyn Ga ga, City Sec -Treasurer APPROVED AS TO CONTENT: deau,' Z22 - APPROVED AS TO FORM: DONAL G. VANDIVER-,-Assistant City Attorney PARTY OF THE SECOND PART (CONTRACTOR) ATTEST: BY: &�.L!/!/N, 7amx>& C Signature of Officer `\\ \_� Secretary Title NOTE: This Contract must be signed by the President or Vice President of the Contractor's firm and attested by the Secretary of the firm. If the Contract is to be signed by any person other than the President or Vice President, then a Board Resolution authorizing said person to sign and bind the firm must be included with each copy of the Contract. BOND NO: 40 SB 55156 BCE STATMORY PERFCR2'.ANCE BOND PUR.StV h`T TO AUICLE 5160 OF THE REVISED CIVIL STATUES OF TEXAS AS A2•ENDED BY ACTS C 7 TF'' 567H LEGISLATURE. REGULA.R SESSION 1959 KNOW ALL LXN BY THESE PRESENTS, that C. B. Anderson Electric Company (Hereinafter called the Principal (s), as Principal (s), and Aetna Casualty 9,SiiratV rnm.papy (hereinafter called the Surety(s), as Surety(s) are held and firmly bound unto _ the City of Lubbock (hereinafter* called the Obligee), in the amount of One Hundred Fifty -One Thousand and Flo/100- - - - - - - - - - - - - - - Dollars ($ 151,000- - - - - -) -lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their 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 26th day of May 19 83 to Furnish material -(steel and Misc. Equipment) for the Northeast Substation of the Lubbock Power & Light Company. (Bid #7350) and said principal under the law is required before cor=encing the work provided for in said contract to execute a bond in the amount of said contract Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NUJ; THEREME, THE CONDITION OF THIS 03LIGhTION 15 SUCH, that if the said Principal shall faithfully perform the Work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect.. FROVILF'D, ECWEVER, that this bond is executed pursuant to the provisions A ticle 5160 of 'the Revised Civil Szatutes'of Texas as amended by Acts of the 56th Legislature, regular session 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. IT WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and scaled this instrument this_2Ett_day of ' May 19�,. Aetna casualty R SuMty EMM n-y Surety, •*B I grne • -Fp t (Title) C. B.-Anderson Flectric Comnan= //'� n Principal By: e ��L (Title) By; (Title) By (Title) 4 The undersigned surety company represents that it is duly qualified to ao business in texas, and hereby designates Jim Carlisle _ ' an agent resident in Lubbock County to whom any �eouisite notices may be delivered and on whom service of process may be had in matters Arisingoutof such suretyship. 1 Coun rsign A: /Z "I'v-1101 Jlz?A� Ts esi t gent I *By: i Aptna Casualty R Surety Company Surety Attorney -in- ct (Title) Approved as to Corm. City of Lubbock City Attorney . *Note: If signed by an officer of the Surety Company there must be qn file a certified extract from the by-laws showing that this person has authority to (sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. Performance Bond - Page 2 t i Bond No: 40 SB 55156 BCA STATUTORY PAYHENT BOND PURSUANT TO ARTICLE 5160 ' OF THE REVISED CIVIL STATUTES OF TEXAS AS 1-1-ENDED BY, ACTS OF TEE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNW ALL.IiMN BY TlESE PRESENTS, that C. B. Anderson Flertric Company (hereinafter called the Principal (s), as Principal (s), and Aetna Casualty & Surety Company. (hereinafter called the Surety (s), as Surety (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Fifty -One Thousand and No/100- - - Dollars ($151,000----- - - - - - - ) lawful money of the United States for the payment Thereof, the said principal and Surety bind themselves, and their heirss 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 26th day of May 19 wi . to Furnish material (steel and misc. equipment) for the Northeast Substation of the . Lubbodk Power & Light Company - Bid 0350' and said principal under the law is required before com:znencing the work ptbvided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof a's fully and -to the same extent as if copied at length herein. NW, TF'nREFORE, TEE COMMON OF THIS OBLIGATION IS SUCH, that- if the said Principal shall pay all claimants dupplying 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 voi'd; - otherwise to remain in full force and effect; PROVIDED, H=VER, that this bond is executed pursuant to the provisions if Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 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 14ITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this ir.strunent this 96th day of May 19 83 Aetna Casuajly a Surety Comyny C B A d E1 C Surety *By; A orney- -Fat (Title) a n erson 25.1Lic omaanv Principal ./ p By., (Title) By : (Title) By: (Title) The undersigned surety company represents' that it is duly qualified to do business in Texas, and hereby designates Jim Carlisle 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. AFTNA CAsnAI TY A -suguY CQMPANY Countersigned: Surety - , By as esiddinf Ageny Attorn -F ct (Title) Approved as to form: City of Lubbock By: City Attorney *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy, of power of attorney for our files. Payment Bond - Page 2 • LIFE & CASUALTY THE ATNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(SHN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE kTNA CASUALTY AND SURETY COMFANY, 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, hath made, constituted and appointed, and does by these presents make, constitute and appoint Walter P. Bryce, Donald B. Sands or James B. Cooper — — of Tulsa, Oklahoma ,itstrueand lawful Attorney(s)-in-Fact, with full powerand authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there desig- nated , the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and all consents Incidents thereto not exceeding the' sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS — and to bind THE 4ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE kTNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorney(s)-in-Fact, pursuantto the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorney.--in-Fact, and Agents to act fo r and on behalf of the Company a nd may g ive any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers orthe Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, orwriting obligatoryin the nature of a bond, recognizance, orconditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairmen, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, p Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE kTNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairmen, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Arty Secretary, Any Assistant Secretary, and the seal of the Company maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only ofaxecuting and attesting bonds and undertakings and otherwritings obligatory in the nature thereof,and any such power of attorney orcertificate bearing such facsimile signature orfacsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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 AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by Its Assistant Vice President and Its corporate seal to be hereto affixed this 1st day of April 19 80 THE XTNA CASUALTY AND SURETY COMPANY in CONM. - C ....... By— State of Connecticut Assis ant Vice President as. Hartford County of Hartford On this 1 S t day of April 19 80 , before me personally came R. T. RIPPE to me known, who, being by me duly sworn, did depose and say: that he/she is Assistant Vice President of THE kTNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument Is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. i�'�+pT� �� • CERTIFICATE M1(eommicsion expires March 31, 19 $[+ O Notary Public I, the undersigned, Secrets of THE kTNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, In the City of Hartford, Stet o Connecticut. Dated this 6 day of May • 1983 FJ�• n..rrono. 3 corm = f3Y ,f Secretary (S-1M-E) (Kq 3-79 PRINTED IN U.S.A. No Text To see a copy of the contract please contact the City Secretary Office.