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HomeMy WebLinkAboutResolution - 010964A - Agreement - Colwell, Wentworth & Associates Inc - Holly Avenue Power Station - 01_09_1964 THE STATE OF TEXAS 4 COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: Q That this agreement made and entered into this the 9th day of January, 1964 between the City of Lubbock a municipal corporation, hereinafter called "Owner" and Colwell, Wentworth& Associates, Inc., a corporation hereinafter called "Engineer", each acting hereinafter by and through its respective officers here- tofore duly authorized. WHEREAS, the owner plans to construct a 69, 000 volt transmission line from an area designated as the Holly Avenue power station to its existing 69, 000 volt loop just west of its Slaton sub-station, and, WHEREAS, the Engineer represents that it has sufficient experienced personnel and equipment to perform the necessary engineering services required to design the construction of the above described project and to perform the engineering services hereinafter described in respect to such project, and, V6'HEREAS, the Owner desires the Engineer to perform the engineering services as hereinafter described in respect to its project. NOW THEREFORE, inconsideration of the mutual undertaking herein contained, the parties hereto agree as follows: ARTICLE I The Engineer shall render dilligently and competently In the shortest reasonable time, the engineering cervices described as follows: Engineer shall prepare and furnish Owner design data, center line survey, level survey, plan and profile sheets on film base--prints as required, unit specifications and material breakdown, staking of structure locations, eqtdpment and tie-in specifications, design and staking foundation for transformer pad, design and staking duct system foom ,generator to step-up transformer, final inventory convering a scope of six miles of transmission line, cable tie to transformer from generator, tie-in O. C. B. and plan temporary structure, design transformer pad and duct system from generator to step-up transformer. { It is agreed, without limiting the generality of the foregoing, that all drawings, designs, specifications and other incidental engineering work or materials, furnished by the Engineer hereunder shall be and remain the property 6f the Owner. All services to be rendered hereunder shall be subject to the direction and approval of the Owner. .ARTICLE H The Owner shall pay the Engineer for the services performed, persua.nt to this agreement the sum of$3,60Q00. Any and all engineering services by way of construction supervision will be furnished to Owner at Owner's option at an agreed consideration of $75. 00 per day of actual supervision which is here estimated to be twenty working days. The Engineer shall submit a statement of all compensation due hereunder to the Owner after all services required by this Agfeement have been completed. Unless otherwise specified, the Owner shall pay the Engineer within ten (10) days after approval of such statement and after approval by the Owner of any required reports, drawings or designs. ARTICLE III Section 1. License. The Engineer shall comply with all applicable statutes pertaining to engineering. (a) The Engineer warrants that it has emplmyed engineers who possess License Nos. 13595, 21406, 11250 issued by the State of Texas on the 16th day of April, 1956, 3rd day of December, 1962, and 10th day of February, 1954. Section 2. Insurance. The Engineer shall take out and maintain workmen's compensation insurance covering all employees of the Engineer who shall perform any of the obligations of the Engineer hereunder, whether or not such insurance to required by the laws of the State governing the employment of any such employee. If any employee is not subject to the workmen's compensation laws of such State, such insurance shall extend to such employee voluntary coverage to the same extent as though such employee were subject to such laws. The policy of insurance shall be in such form and issued by such insurer as shall be satisfactory to the Owner. t Section S. Engineer agrees that the obligations and duties to be performed by the Engineer under thin agreement shall be performed by Douglas F. Blackburn, and if in the event that Douglas F. Blackburn is unable to perform the duties out- lined in this agreement Engineer agrees to provide and furnish a competent end qualified engineer to be approved by Owner who shall be responsible to perform the olbigation and duties to be performed under this agreement. Section 4. Assignment. The obligations of the Engineer under this agree- ment shall not be assigned without the approval in writing of the Owner. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed. CITY OF LUBBOCK, TEXAS B+ACIK F. STRONG, Mayor ATTEST. Lave 'a Lowe. Citj Secretary-Treasurer Colwell, Wentworth & Associates, Inc. ' BY: Presideut ATTEST: ecretary